OFFICER REPORT
1.0
SUMMARY
1.1 This application relates to Binfield House
which is a Grade II Listed Building located within the Wicks Green
Conservation Area and within the designated settlement. The
application is for the refurbishment of Binfield House to provide 9
retirement apartments and the erection of 9 dwellings to the rear
with associated access and parking, following the demolition of the
existing bungalows.
1.2 The proposal is considered to respect the
Listed Building and its setting and would preserve and enhance the
Conservation Area. The proposal is considered to respect the
character and appearance of the area, be appropriate in design and
appearance, and not adversely affect the amenities of either
existing or future residents.
1.3 The proposal provides policy compliant
parking and a safe and functional vehicular access.
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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
bio-diversity net gain, highways, occupancy by over 55’s and
maintenance of drainage.
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2.0 REASON FOR REPORTING APPLICATION TO
COMMITTEE
2.1 The
application has been reported to the Planning Committee following
the receipt of more than 5 letters of objection.
3.0
PLANNING STATUS AND SITE DESCRIPTION
3.1 The site relates to Binfield House, a
Grade II Listed Building; an L-shaped terrace of 6no. single-storey
dwellings lying to its east; and adjoining land which is located in
the Wicks Green and Monks Alley Conservation Area.
3.2 The site is located to the west of
Terrace Road North and is situated within the western edge of the
defined settlement of Binfield. Vehicular access to the site is
from Knox Green to the south-east, through a recently built
residential development on the site of the former Council plant
nursery, now known as Hall Garden. This development contains the
walls of a former walled garden associated with Binfield House
which are Grade II Listed. In addition to the vehicular access
there is pedestrian access to Wicks Green, which bounds the site to
the west, and Terrace Road North to the east.
3.3 Houses at Stevenson Drive lie to the east
and Wicks Green open space to the north.
3.4 Trees on the site are covered by a tree preservation order (TPO
1280).
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PLANNING STATUS
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Within settlement boundary
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Grade II Listed Building
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Wicks Green and Monks Alley Conservation Area
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Tree Preservation Order TPO 1280
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4.0 RELEVANT SITE HISTORY
4.1 The relevant planning history can be
summarised as follows:
4.2 601097:
Conversion of house into flatlets for old people with wardens flats
and separate self-contained flat on second floor. Also provision of
steel fire escape and replacement of some old windows for new.
APPROVED 1975
4.3 601871:
Erection of six old people’s bungalows with six parking bays.
APPROVED 1978
4.4
21/00024/LB: Application for Listed Building Consent for
refurbishment and conversion of Binfield House into 9 retirement
apartments incorporating internal and external alterations and
erection of new buildings containing 9 retirement dwellings,
following demolition of existing single storey buildings, together
with associated parking and landscaping. Considered elsewhere on
this agenda.
5.0 THE PROPOSAL
5.1 The proposal consists of the refurbishment
of Binfield House to provide 9 retirement apartments and the
erection of 9 dwellings to the rear with an associated access and
parking, following the demolition of the existing bungalows.
5.2 Binfield House is a Grade II Listed
Building which contains 16 flats/bedsits currently. Listed Building
consent is required for all works of demolition, alteration or
extension and a Listed Building Consent application is considered
elsewhere on this agenda. The proposal would reduce the mix of
accommodation to 8 x 2 bed flats and 1 x 1 bed flat.
5.3 Externally
on Binfield House it is proposed to remove an external fire escape
and to build 2 x rear terraces accessed through sliding doors,
replacing an existing sash window, and introducing a new window to
the northeast elevation.
5.4 The plans have been amended since they
were initially submitted to reduce the number of units in the
grounds from 12 to 9 units. This has been achieved by removing two
garages with flats above and a unit from the proposed terrace.
5.5 The proposals for the replacement
buildings consist of the demolition of the existing L-shaped,
single-storey sheltered accommodation range to the east of the
Listed Building which contains six, one bedroom terraced
bungalows.
5.6 The amended 9 replacement cottages would
form an L-shape in two terraces and are designed in a traditional
local vernacular form with a mix of high quality brickwork with
render being used to add detail including chimney features, plain
tiles and projecting gables with terrace extending to 1.5 storeys.
A two-storey element would be located the furthest away from the
principal elevation of the Listed Building.
5.7 Parking for these units is located along
Hall Garden using the existing parking and increasing it by 2
spaces to 11 parking spaces in total. A bin and cycle store has
been shown behind these spaces.
5.8 The parking for Binfield House was
previously located to the front of the building and this has been
increased by 2 spaces to provide an overall provision of 11 parking
spaces. A bin store has been shown behind the spaces.
5.9 The dwellings are proposed to be
retirement homes for occupation by the over 55s.
6.0 REPRESENTATIONS RECEIVED
Binfield Parish
Council
6.1 Recommend refusal of
the application for the following reasons:
Binfield Parish Council has no objection to
the proposed sympathetic refurbishment to Binfield House but wishes
to RECOMMEND REFUSAL of this application, as it is presented for
the following reasons:
(i) Over development of the site with 12 two
storey houses replacing 6 single storey bungalows. This is not in
line with the BNP policy BF1 Backland and infill development.
(ii) Significant harm to the setting of the
Grade II Listed Binfield House by taking away the open aspect at
the rear.
(iii) Significant detrimental impact on the
conservation area with the addition of 12 two storey
properties.
(iv) Whilst the proposal is to use Knox
Green/Hall Gardens for construction traffic access, and it is
recognised this will create significant disruption to residents, if
this does change to be routed along Wicks Green this will have a
serious detrimental impact on the verges and the amenity nature of
the lane.
6.2 In respect of the revised plans the following
comments were made:
Binfield Parish Council previously objected to this
development – and has reconsidered in the light of the
revised plans. It is noted that this is a major improvement on the
previous plans and Beechcroft should be thanked for their
efforts.
However, whilst still has no objection to the
proposed sympathetic refurbishment to Binfield House, Binfield
Parish Council wishes to RECOMMEND REFUSAL of this application, as
it is re-presented for the following reasons:
(i) Over development of the site with 9 x 1.5 storey
houses replacing 6 single storey bungalows. This is not in line
with the BNP policy BF1 Backland and infill development.
(ii) Whilst less harm than the last plan, there is
still significant harm to the setting of the Grade II Listed
Binfield House by taking away the open aspect at the
rear.
(iii) And therefore, it remains that this development
has a detrimental impact on the conservation area.
(iv) Should the
development go ahead the parish would welcome a conversation about
a pedestrian accessible route to Wicks Green/Silver Jubilee Open
Space.
Other
representations
6.3 15 letters of objection were received on
the original plans raising the following objections:
·
Proposal does not protect Binfield House, a Grade II Listed
Building.
· The
continued destruction of the grounds would significantly harm the
setting of a Listed Building and Conservation Area.
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Loss of privacy, daylight and sunlight.
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Overbearing
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Disturbance through noise, fumes and odours.
· Out
of character with existing buildings.
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Trees not shown on tree plans or hedging.
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Land ownership questions.
· One
storey accommodation would be preferable as more in keeping.
·
Building line for some of the new apartments too close to some
properties.
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Object to access given for construction vehicles and associated
staff being via Knox Green and Hall Garden – used as a
walkway to the village and school.
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Increased traffic flow via Hall Gardens and pedestrian walkway.
·
Physical redevelopment of Binfield House for elderly, over 55
residents welcomed.
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Existing driveway access from Binfield House onto Wickes Green
should be shut.
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Development boundary not consistent.
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Wickes Green should be used as a construction access.
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Consideration should be given to a means of access to Binfield
House via its original route.
·
Lack of parking.
6.4 2 further letters of objection were
received on amended plans raising the following additional
matters:
·
Site plan appears to encroach on land owned by Jardin Ltd who own
the Hall Garden development. Officer Comment: Ownership comments
have been followed up with the applicant and officers are satisfied
that the correct ownership certificates have been signed.
· Bin
store would result in smells and fumes and noise from emptying
bins.
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Harm to trees from bin store.
6.5 1
x letter of support on amended plans raises the following
additional matters:
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Support application following amendments.
7.0 SUMMARY OF CONSULTATION RESPONSES
Highways Officer
7.1 No objection on amended plans subject to
conditions and a S106.
Environmental Health
7.2 No objection subject to conditions
Tree Officer
7.3 No objection subject to conditions.
Biodiversity Officer
7.4 No objection subject to S106 contributions
for monitoring and contingency to ensure that the biodiversity net
gains are delivered and maintained for a period of 30 years.
Conditions are required to ensure the protection and enhancement of
biodiversity.
Heritage Consultee
7.5 No objection on amended plans subject to
conditions
Waste and Recycling Officer
7.6 No objection
Landscape Officer
7.7 No objection subject to detailed landscape
plans.
Lead Local Flood Authority
7.8 No objection on amended drainage strategy
subject to s106 and conditions
Thames Water
7.9 No objection following clarification of
the location of an off site pumping station and that the new
buildings will be located more than 15m from it. Informatives
required.
Thames Basin Heaths SPA
7.10 No objection as site not within 5km of
the Thames Basin Heaths SPA and not for more than 50 dwellings.
8.0
MAIN POLICIES AND OTHER DOCUMENTS RELEVANT TO THE
DECISION
8.1 The primary strategic planning considerations applying to the
site and associated policies are:
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Development Plan
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NPPF
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General
policies
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CP1 of
SALP,
CS1 & CS2 of CSDPD
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Limited
(policy not used in planning application
decision-making)
Consistent
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Design
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CS7 of
CSDPD, Saved policy EN20 of BFBLP
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Consistent
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Parking
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Saved
policy M9 of BFBLP
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Consistent
NPPF
refers to LA’s setting their own parking standards for
residential development, this policy is considered to be
consistent.
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Trees
& Landscaping
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CSDPD
Policies CS1 & CS7
BFBLP
‘Saved’ Policies EN1, EN2 & EN20
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Consistent (paras. 130 & 174)
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Heritage
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CSDPD
Policies CS1 & CS7
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Consistent (paras. 194 to 208)
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Drainage
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CS1 of
CSDPD
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Consistent (paras. 167 & 169)
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Biodiversity
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CSDPD
Policies CS1 & CS7
BFBLP
‘Saved’ Policies EN1, EN2 & EN20
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Consistent (paras. 170 & 180)
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Noise
and Pollution (including Land Contamination)
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CSDPD
Policy CS1
BFBLP
‘Saved’ Policy EN25
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Consistent (paras. 120, 174, 183 & 185)
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Sustainability (Renewable Energy and Water Use)
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CSDPD
Policies CS10 & 12
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Consistent (para. 153)
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Securing Necessary Infrastructure
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CSDPD
Policy CS6
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Consistent (para. 55 to 57, 93 and 95)
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Supplementary Planning Documents
(SPD)
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Conservation Area SPD
Parking
standards SPD
Planning Obligations SPD (2015)
Thames
Basin Heath SPA SPD
Design
SPD
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Other publications
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National Planning Policy Framework (NPPF)
National Planning Policy Guidance (NPPG)
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8.2 In
addition, the Binfield Neighbourhood Plan was adopted in 2016. The
relevant policies from this which are considered consistent with
the NPPF are:
Policy CO1: High Speed Broadband
Policy BF2: Protection of Heritage Assets
8.3 It is noted that Binfield Parish Council
have referred to Policy BF1 in their representation under para 6.1.
This policy refers to infill and backland development however this
application refers to a redevelopment of the site and not infill or
backland development.
9.
PLANNING CONSIDERATIONS
9.1
The key issues for consideration are:
i.
Principle of Development
ii.
Heritage
iii.
Impact on Character and Appearance of Area
iv.
Trees and Landscape
v.
Impact on Residential Amenity
vi.
Transport and Highways Considerations
vii.
Biodiversity
viii.
Sustainability
ix.
Surface Water Drainage/Flood risk
x.
Thames Basin Heaths Special Protection Area
xi.
Waste and recycling
xii.
Affordable Housing
xiii.
Community Infrastructure Levy (CIL) and S106 Contributions
i. Principle of Development
9.2 The
site is located within the settlement boundary and constitutes
previously developed land which has previously been used as
sheltered housing under a C3 use class.
9.2 The
proposed development would result in the loss of C3 sheltered
housing comprising 16 no. units within Binfield House and 6 x one
bed bungalows to be replaced by 9 apartments and new buildings
containing 9 dwellings in a C3 use class but proposed to be
restricted to over 55 accommodation. This would result in a net
loss of 4 units.
9.3 Policy H11 of
the BFBLP would be engaged. This policy, which is considered
consistent with the NPPF, seeks to retain existing housing stock.
The policy does advise, however, under (i) that an exception could
be made where:
(i) A change of use is the only way
of ensuring that a building listed as being of special
architectural or historic interest could be kept in good
order.
9.4 The applicants
have advised that the existing accommodation is not fit for purpose
and that the refurbishment of the listed building will result in a
reduction in the number of the residential units within the
building from 16 flats/bedsits to 8 x two bedroom and 1 x one
bedroom flats.
9.5 The reduction
in the number of units allows for the restoration and preservation
of the building and would be partially mitigated through the
provision of additional residential development to the east of the
listed building replacing the existing bungalows.
9.6 The proposed
refurbishment of the listed building will result in enhancement of
the building which has had a number of incongruous alterations and
extensions with the historic plan form of the building lost with a
large number of decorative features removed. The proposals will result in internal refurbishment
of the building together with external works including the removal
of the existing fire escape and the demolition of a single storey
rear extension which will help to enhance the setting of the listed
building and preserve its character.
9.7 The new build
residential development in the grounds will ensure that in total
the loss of residentail is minimised, resulting in a net loss of
four residentail units.
9.8 The
proposal is therefore considered to be acceptable in principle and
will secure the future protection and use of the Listed
Building.
ii Heritage
9.9 Binfield
House is Grade II Listed and was added to the statutory list in
December 1972. The house is also within the Wicks Green
Conservation Area which was designated in January 2019.
Planning
(Listed Buildings and Conservation Areas) Act 1990
9.10 Section 66(1), in
the determination of applications affecting the setting of a Listed
Building, states that:
‘in considering whether to grant planning permission for
development which affects a listed building or its setting, the
local planning authority, or, as the case may be, the Secretary of
State shall have special regard to the desirability of preserving
the building or its setting or any features of special
architectural or historic interest which it possesses.’
Curtilage
Listing and Fixtures
9.11 Fixtures and curtilage buildings, that
is any object or structure which is fixed to the building or is
within the curtilage and forms part of the land and has done so
since before July 1948, are also treated as part of the building
for the purposes of listed building control.
Conservation
Areas
9.12 Section 69
of the Act imposes a duty on local planning authorities to pay
special attention to the desirability of preserving or enhancing a
conservation area when deciding planning applications.
Wicks Green
and Monks Alley Conservation Area
9.13 Wicks Green is a rural lane that skirts the
west and north sides of Binfield and is designated as a
conservation area together with Monk’s Alley leading west
from Wicks Green.
9.14 The appraisal of the area found that there
is a sufficient degree of special architectural and historic
interest in the Wick’s Green area to warrant designation as a
conservation area and the principal reasons for this
were:
• A well-established street
pattern
• Eight listed
buildings
• Rural lanes unaffected by
the suburban expansion of Binfield
• An historical context
including: −
Important early structures at The
White Gate and Binfield Place
−
A series of large Georgian houses
in landscaped grounds
• Vernacular buildings
providing evidence of an agricultural past – barns and
cottages
• Significant open spaces at
the Recreation Ground and the FWE Goates Cricket
Ground
• Considerable tree cover
including important specimen trees
9.15 Binfield House is described in the
appraisal as follows:
9.16 Binfield House has Gothic details that are
not common to the area. This large red brick house was built in
1776 by Francis Wightwick of Waltham St Lawrence who then owned
almost all the land between Wick’s Green and Terrace Road
North. Its first floor windows are sliding sashes but set within
Gothic ogee arches.
9.17 Another celebrated local resident was the writer and
historian, Catherine Mcauley, who lived at Binfield House in the
late 18th century. She was famous for her eight-volume History of
England.
Setting
9.18 The area
of the old kitchen gardens and surrounding area, to the south and
southeast of the main house, have been developed as a housing
estate. To the northeast of the main building is an L-shaped,
single storey range of buildings which formed additional sheltered
accommodation within the grounds of the house. The design and
materials of the range is unsympathetic to the character of the
Listed Building and detracts from its setting.
9.19 The
setting of Binfield House is now characterised by residential
properties set within smaller garden plots to the south and east,
with open, green space to the north and west. The residential
development at Binfield House Nursery, abutting the Site to the
east, has eroded the original garden setting of the designated
heritage asset, which had been separated on acquisition of the
property by the Local Authority in the late 1970s.
9.20 The
original 18th century design was extended in the 19th century and
early 20th century. During the late 19th century a glasshouse and
range of outbuildings were constructed to the rear on the gardens
in a location now occupied by the site of the current sheltered
accommodation bungalows.
9.21 The Listed
Building was remodelled extensively internally by Cachemaille-Day
in the 1920s adding many of the surviving interior features which
contribute to the building’s Listed status.
9.22 In 1977,
Listed Building Consent was granted to demolish the disused barns
and outbuildings to the north east of the house and in 1978
the single-storey range of sheltered accommodation was constructed.
The ownership of the house was transferred to Bracknell Forest
Homes in 2008 including the walled garden to the east used as the
Council's plant nursery.
9.23 This
planning application concerns the change of use and external
alterations to the Listed Building to provide 9 units of
accommodation and the erection of new buildings within the grounds.
The previous proposals for 12 terrace cottages within the grounds
have now been reduced to 9 terraced cottages.
Conversion
of Binfield House
9.24
Binfield House currently includes 16 flats/bedsits and its
conversion and refurbishment would result in eight no. two bedroom
flats and one no.one bedroom flat. These alterations also require
Listed Building consent and are considered under 21/00024/LB which
is elsewhere on this agenda.
9.25 Externally
it is proposed to remove an external fire escape and to build two
rear terraces accessed through sliding doors, replacing an existing
sash window, and to introduce a new window to the northeast
elevation.
9.26 There have
been a number of incongruous alterations and extensions to the
Listed Building resulting in changes to the historic plan form and
a large number of original decorative features being removed from
the property. In particular, a number of the rear extensions to the
Listed Building have altered its plan form and eroded the original
aesthetic.
9.27 Along the
rear elevation there are a number of incongruous alterations
including a two storey extension to house a lift. There is a
mid-20th century single-storey extension to the rear which would be
demolished as part of the proposals better revealing the rear
mid-19th century extension.
9.28 The plans have been
amended to remove a projecting rear extension from the north east
elevation, which replaced an existing fire escape. However, the
double doorway has been retained and instead a Juliette balcony is
proposed. Given there was previously a fire escape in this
location, there is not considered to be an objection to the
retention of the doorway with a Juliette balcony.
Replacement
Cottages
9.29 The
proposals for the external replacement buildings consist of the
demolition of the existing L-shaped, single-storey sheltered
accommodation range to the east of the Listed Building which
contains six, one bedroom terraced bungalows.
9.30 It is
proposed to replace these bungalows with nine terraced cottages.
The proposals specify an L-shaped range directly adjacent to the
Listed Building. The new range of buildings will form
‘cottages’ in a traditional local vernacular form with
a mix of high quality brickwork with render being used to add
detail including chimney features, plain tiles and projecting
gables with terraces and extending to 1.5 storeys. A two-storey
element would be located the furthest away from the principal
elevation of the Listed Building.
9.31 The Listed
Building and sheltered accommodation range have been vacant for a
number of years and therefore would benefit from re-use in a
sustainable function compatible with its conservation. The rear
sheltered bungalow accommodation range is an incongruous element
which does not add positively to the setting of the Listed
Building.
9.32 The
replacement of this block with a more sympathetic design would
therefore be acceptable in principle. Whilst the proposed
replacement buildings would form an L-shaped range but on a bigger
scale than the range it replaces, the proposed design detailing and
materials would be much better. The design involves a more
traditional appearance with a plain tile roof and brick detailing,
chimneys and gables. Given that these buildings would be 1.5
storeys high, the addition to massing is not considered harmful in
relation to the height of the Listed Building. A two-storey element
would be located the furthest away from the principal elevation of
the Listed Building.
9.33 The access
road and parking have also been reduced to match the reduction from
12 to 9 units. The access road and parking would be to the front of
the proposed buildings, replacing existing parking, and to the side
of the units off the main estate access road.
Conclusions
on Heritage
9.34 In
conclusion due to the reduction in the number of units and the
improvements that the more sympathetic design would bring to the
setting of the Listed Building and Conservation Area in replacing
the existing bungalows, they are considered to preserve the
architectural and historic value of the Grade II Listed Building
and have no adverse effect on the significance of the heritage
asset. The proposals would therefore achieve the requirement to
enhance or preserve the character and appearance of the
Conservation Area.
Iii Impact on Character and Appearance of Area
9.35 CSDPD Policy CS7 requires
high quality design which in this case should build on the local
character, respect local patterns of development, enhance landscape
and aid movement and accessibility. Policy EN20 of the Local
Plan supports Policy CS7 and sets out how development should be in
sympathy with its local environment and appropriate in terms of
mass and scale, layout and materials amongst other criteria.
9.36 The site is located to the west of
Terrace Road North and is situated within the western edge of the
defined settlement of Binfield. Vehicular access to the site is
from Knox Green to the south-east, through a recently built
residential development at Hall Garden in which the development
will be viewed from. The development at Hall Garden falls outside
the Wickes Green and Monks Alley Conservation Area however it was
designed sympathetically due to its relationship with Binfield
House and that it contains a ‘curtilage listed’ C19th
garden wall. The development was designed with the dwellings
being two storeys facing the main access roads and 1.5 storey
facing the open space to the front of Binfield House. The dwellings
are brick built with traditional materials with simple fenestration
and pitched roofs with gable ends.
9.37 The main impact of the development would
be on the section of Conservation Area surrounding Binfield House
and Wickes Green and how it relates to Hall Garden.
Development
layout
9.38 The proposed layout shows the existing
building, which is to be converted to flats, would only create two
additional parking spaces in front of the building with an
unsympathetic addition to the rear of the building removed.
9.39 The existing single storey residential
units to the rear of the building comprising 6 units will be
removed and replaced by new development creating 9 residential
units, a net gain of 3 to the rear. The new units have been located
at a greater distance from the rear of the Listed Building
achieving a clear separation of the buildings which will allow
landscaping to be achieved between them. Trees are to be retained
on the site with additional planting proposed.
9.40 The parking for these units would be
created along the Hall Garden access with the creation of two
additional parking spaces and access to the units via paths through
the parking. The front of the houses would be accessed via the
path.
9.41 The revised proposals were amended to
remove the units from the layout fronting Hall Garden and reduce
the level of parking in front of Binfield House. With these changes
the proposal is considered to make good use of previously developed
land while appropriately respecting the site’s sensitive
nature.
Design and visual appearance
9.42 The
cottages form an L-shaped range directly adjacent to Binfield House
and will form ‘cottages’ in a traditional local
vernacular form with a mix of high quality brickwork with render
being used to add detail including chimney features, plain tiles
and projecting gables with terraces and extending to 1.5 storeys. A
two-storey element would be located the furthest away from the
principal elevation of Binfield House and this element would be set
at least 40m from Wicks Green to the west with dense landscaping in
between. The proposals are considered to be acceptable to the
surrounding development and would compliment the recent development
at Hall Garden.
9.43 The access
road and parking have also been reduced to match the reduction from
12 to 9 units. The parking and bin store and cycle store for the
new buildings will be to the side of the cottages along Hall Garden
with a pedestrian access to the front of the houses. These
alterations are considered acceptable with regard to their impact
on the surrounding area due to their positions and designs.
Front Elevation of
Binfield House
Rear Elevation of
Binfield House
Side Elevation of
Binfield House showing elements to be demolished in red.
9.44 Externally, in terms of
the original building the alterations to the Listed Building have
been discussed in detail above and it is considered that the
removal of the existing incongruous features will improve the
appearance of the building within the street scene. The rear of the
building can be viewed from within Hall Garden. The removal of
these additions will allow the mid-19th century
extension to be viewed and the introduction of two new terraces and
limited window changes would not harm this.
9.45 The proposals would allow Binfield House
to be restored and retained with sympathetic development in the
grounds which would respect and enhance the character of the area
and surrounding development at Hall Garden and the Wicks Green and
Monks Alley Conservation Area. This is in accordance with Saved
Policy EN20 of the BFBLP, Policy CS7 of CSDPD, the Design SPD and
the NPPF.
Context Elevation Hall Garden
iv Trees and Landscape
9.46 The
application site is within the Wicks Green and Monks Alley
Conservation Area. Confirmed TPO 1280 protects 22 individual trees
and 5 groups.
9.47 The Tree
Service has advised that the scheme is not considered contentious
in respect of the protected trees or others shown for retention.
The proposed layout generally respects the retention of existing
trees and the proposed protective measures allow for viable
protection and mitigation measures.
9.48 The new
buildings and associated structures fall outside the root
protection areas (RPAs) of the trees and whilst new paths will be
constructed and the removal of a path will occur within the RPA of
protected trees the Tree Service has advised that a no dig
construction and a permeable surface can be achieved for these
paths with minimal harm to the trees. The removal of the existing
path can be detailed in a method statement and these matters can be
dealt with by planning conditions.
9.49 Additional
landscaping is proposed for the site and a final detailed
landscaping scheme is proposed to be secured by a planning
condition to ensure an acceptable soft landscaped setting to the
listed building and conservation area.
v Impact on Residential Amenity
9.50 Policy EN20 criterion (g) of the BFBLP
stipulates that in considering proposals, the amenity of
surrounding properties should not be adversely affected. The
amenities of existing residents and future occupiers is therefore a
material consideration in considering an application.
Existing residents
9.51 The application has been amended to
create a suitable relationship with existing properties in Hall
Garden and Stevenson Drive. The proposed freestanding units would
be set at least 25m from the rear of the closest property, no.41
Stevenson Drive and the rear of plot 1 would be set at least 18m
from the side of No.8 Hall Gardens and its private amenity area. In
terms of the flats in the existing building, a balcony has been
shown to serve flat 14 which would be located approximately 30m
from the rear of No.8 Hall Garden.
9.52 A bin and cycle store is proposed to be
located to the rear of no.41 Stevenson Drive. This property has
recently received planning permission (21/00135/FUL) for an annexe
to the main property. The cycle and bin store has been designed to
be fully enclosed to contain any smells and its use would not
result in a level of noise/disturbance over the normal collections
of bins in the local area such that it is therefore not considered
to result in a nuisance to the annexe or amenity of the main
house.
Future Occupiers
9.53 The proposed flats largely have main
habitable room windows on the front or side elevations ensuring a
suitable relationship with the new cottages. Flat 17 would have a
window set approximately 19m from the rear of proposed plot 5
although the window can be conditioned to be treated with a film to
obscure any overlooking but also preserve the appearance of the
listed building. The room also has another full sized side facing
window so light and outlook can be achieved. Where balconies have
been shown on the rear of the Listed Building these would be over
22m from the proposed rear cottages which is an acceptable back to
back relationship in terms of overlooking.
9.54 The grounds have been designed for the
communal use of residents as the application has specified the
development is for over 55’s with smaller semi private
amenity areas to the rear of the cottages and ground floor
apartments and balconies located on flats 14 and 15.
9.55 To conclude, the proposal has been
designed to provide an acceptable relationship between the new and
existing homes to ensure that there are no unacceptable impacts in
terms of overlooking, overshadowing or overbearing effect. It will
provide acceptable residential amenity for existing occupiers and
future occupiers of the proposed development. Accordingly, the
proposal is considered to preserve the amenities of both existing
and future occupiers and comply with Policy EN20 (g) of the
BFBLP.
vi Transport and Highways Considerations
9.56The
Highways Officer has advised:
Access
9.56 Access to
the completed development is proposed, as for the extant
development, at the end of the road named Hall Garden, effectively
forming the end of the cul-de-sac. Swept path plans have been
provided by the applicant confirming that a fire tender and refuse
vehicle can turn around and depart in a forward gear. The extent of
these swept paths should be secured for highway adoption through
the S106 agreement for the site. Hall Garden has a permeable
surface and is a shared surface accommodating both vehicular and
pedestrian movements. It is due to be adopted by the Highway
Authority in time but is currently under the ownership of Spitfire
Bespoke Homes. Access for construction vehicles will need to be
agreed and either:
(a) the highway of Hall Garden will need to be protected and
suitable arrangements made with Spitfire Bespoke Homes for any
remedial work needed due to Binfield House's construction traffic;
or
(b) suitable construction traffic arrangements via Wicks Green will
be need to be set out.
In either case
the protection of pedestrians will need to be ensured.
Car
Parking
9.57 The
proposed development has been revised downwards and is now for 18
retirement apartments and cottages. The Council's Parking Standards
SPD (March 2016) states in Table 6 that 1 car parking space is
required per unit for retirement housing, along with 1 visitor
parking space per 5 units; 10% of the overall parking provision
should be for disabled users, with flexibility to increase if
needed. The proposed development provides 22 car parking spaces,
comprising 18 residents' spaces and 4 visitors' spaces, with 2 of
the spaces proposed to be marked for disabled use from the outset;
there also appears to be sufficient space on the layout for further
spaces to be made disabled, if required by residents. The
proposed car
parking meets the requirements of the Parking Standards SPD.
Cycle
Parking
9.58 Cycle
parking is required at 1 space per 4 units to accord with the
Parking Standards SPD. 4 spaces are proposed, as far as can be
ascertained from the submitted plans. This should be secured by
condition.
Trips
9.59 The transport consultant
has assessed the predicted number of trips and has compared this
with the extant use for the site. The overall change in trips
compared with the extant use would be a reduction.
9.60 The Highway Authority has
No Objection to the proposed development subject to conditions and
an informative being appended to the planning permission, should it
be granted.
9.61 A S106 obligation should be
included for adoption of site roads to the extent required for the
swept paths of the refuse vehicle and fire tender set out in
Appendix D of the Transport Statement.
vii Biodiversity
9.62 The following comments were provided by
the Council’s Biodiversity Officer: -
Great Crested Newts
9.63 Section 5.3.31. of the Ecological
Assessment explains “The proposed drainage system as part of
the proposed development will incorporate measures to prevent
amphibians from becoming trapped and these will include measures
such as gully pot ladders, wildlife kerbs, offset gully
pots.” The Flood Risk Assessment has been annotated to
include the protective measures to ensure the amphibians will be
protected.
9.64 To protect great crested newts during
construction a great crested newt method statement will be required
alongside a construction environmental management plan (to be
secured by condition).
Biodiversity Net Gain
9.65 The revised Ecological Assessment reports
an overall increase in area habitats from 2.62 units to 3.42 units
(30.89% increase) and an increase in hedgerow units from 0 units to
0.42units (no percent equivalent). This is following an adjustment
to reflect the future management of the hedgerow.
9.66 The report has also revised proposed
actions for enhancing the woodland by targeting Cherry Laurel as
the invasive non-native species. Further detail will be secured
through a Landscape and Ecological Management Plan (LEMP).
9.67 Section 5.2.20. of the report suggests
that any fruit trees missing from the current planted grid will be
replanted under landscape proposals. A revised landscape plan is
proposed to be secured by a planning condition.
9.68 Section 106 contributions will be
required for monitoring and contingency to ensure that the
biodiversity net gains are delivered and maintained for a period of
30 years.
Wildlife features
9.69 The revised ecological assessment
confirms the intention to provide integrated bird and bat boxes
within buildings and these can be secured by conditions.
9.70 Other features within the surrounding
landscaping such as log piles, hibernacula and hedgehog boxes
should be also be secured by conditions.
9.71 The above changes have been made by the
applicants, and subject to conditions, has the ability to protect
and enhance biodiversity in accordance with policies CS1, CS7,
NPPF, and the NERC Act 2006. As such the application is considered
to comply with policy CS1 of the CSDPD.
viii Sustainability
9.72 The NPPF outlines how the impacts of
climate change and the delivery of renewable and low carbon energy
and associated infrastructure is central to the economic, social
and environmental dimensions of sustainable development. Para 153
of the Framework states that in determining planning applications,
LPAs should expect new development to:
a)
comply with adopted
Local Plan policies on local requirements for decentralised energy
supply, unless it can be demonstrated by the applicant, having
regard to the type of development involved and its design, that
this is not feasible or viable; and
b)
take account of
landform, layout, building orientation, massing and landscaping to
minimise energy consumption.
9.73 This application has been considered
against the objectives of the NPPF and in the context of the
Borough's energy and sustainability policies (set out below) which
are considered to be consistent with the NPPF.
9.74 Policy CS10 of the Core Strategy requires
the submission of a sustainability statement demonstrating how the
proposals meet current best practice standards. This has not been
submitted with the application but a condition can be applied to
require this.
9.75 Policy CS12 of the Core Strategy requires
the submission of an energy demand assessment demonstrating how the
development's potential CO2 emissions will be reduced by at least
10% and how 20% of the development's energy requirements will be
met from on-site renewables. This applies to net increases in
dwellings and as the proposal would result in a net loss of 4
dwellings it would not apply.
ix Surface Water Drainage/Flood risk
9.76 The site is within flood zone 1 with the
National Planning Policy Guidance (PPG) stating that all uses are
appropriate within this zone and the site would not be subject to
flood risk.
9.77 The Flood Risk Assessment advises that
the risk of surface water flooding to the majority of the site is
very low. However, an isolated zone associated with the small grass
area, located between the existing Binfield House and the
bungalows, is at low risk of surface water flooding.
9.78 The proposed drainage system will
intercept overland flows from off-site and run-off generated within
the site with a storage tank established beneath the car parking
area and permeable paving. The proposal is to also drain the
surface water to the existing sewer serving the site with the above
measures to reduce the rate it flows into the sewer.
9.79 The following comments were provided by
the Lead Local Flood Authority: -
9.80 In principle, we support the proposals to
discharge of surface water to the existing sewer serving the site
at a reduced rate. The applicant has provided an updated Flood Risk
Assessment providing calculations to support the existing discharge
rate stated and has updated the calculations for the drainage
system.
9.81 In view of the above, the site is not
considered to be at risk from flooding, or to cause flooding
elsewhere and a drainage strategy is proposed which is acceptable
to the Lead Local Flood Authority which can be secured via
conditions and a S106 to secure its maintenance.
x Thames Basin Heaths Special Protection Area
9.82 The site
is located between 5km and 7km of the Thames Basin Heaths Special
Protection Area (SPA) and the proposal is for fewer than 50
dwellings. Therefore, it is likely to have no significant impact on
the integrity of the SPA so no mitigation measures are
required.
xi Affordable Housing
9.83 Policies
CS16 & CS17 of the Core Strategy in relation to housing needs
and affordable housing can be afforded full weight in relation to
paras 61
& 62 of the NPPF as they are consistent with the NPPF
which seeks to deliver a
wider choice of homes, a mix of housing and affordable housing.
Policy CS17 seeks to provide affordable housing on suitable sites,
and the Planning Obligations SPD seeks affordable housing provision
on all development providing a net increase of 15 units or more, at
a threshold of 25% subject to viability.
9.84 The
proposed development would result in a net loss of 4 units so
affordable housing would not be required.
xii Community Infrastructure Levy (CIL) and S106 Contributions
9.85
Bracknell Forest Council commenced charging for its Community
Infrastructure Levy (CIL) on 6th April 2015. CIL applies to new
builds including those that involve the creation of additional
dwellings.
9.86
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. The
charging schedule states how much CIL will be charged (in pounds
per square metre of net additional floorspace) based on the
development type and location within the borough.
10. CONCLUSIONS
10.1 The proposal seeks planning
permission for the refurbishment of Binfield House to provide 9
retirement apartments and the erection of 9 dwellings to the rear
with an associated access and parking, following the demolition of
the existing bungalows.
10.2 Whilst the site is
within the settlement boundary the proposal, as amended, would
result in the loss of 4 residential units. The applicant has
advised that the proposal will help to
enhance the setting of the listed building and preserve its
character which is a view supported by the Council’s Heritage
consultant and as such the development is considered to comply
with Policy H11 of the BFBLP. The proposal is therefore
acceptable in principle.
10.3 The application has been amended since
its initial submission to reduce the number of dwellings to the
rear by 3, reduce parking in front of Binfield House and make
changes inside Binfield House to allow original features to be
maintained. These changes have resulted in a scheme which would not
harm the Listed Building or its setting and would preserve and
enhance the character and appearance of the Conservation Area.
10.4 The proposal would not result in any
unacceptable detrimental impacts upon the amenities of existing
and/or future occupiers.
10.5 The development provides on-site amenity
space along with an accepted drainage strategy.
10.6 The proposal is considered acceptable by
the Local Highway Authority in terms of off-street parking and safe
access.
10.7 The scheme, subject to conditions, would
provide adequate biodiversity mitigation and enhancement.
10.8 In conclusion the proposal would ensure
the retention and enhancement of Binfield House, a Grade II Listed
Building and would provide sympathetic development within the
grounds which would preserve and enhance the conservation area
within a settlement location.
11. RECOMMENDATION
11.1
Following the completion of planning obligation(s) under Section
106 of the Town and Country Planning Act 1990 relating to:
- monitoring and contingency to ensure that the
biodiversity net gains are delivered
and
maintained for a period of 30 years.
- clause to ensure accommodation is restricted to over
55’s
- adoption of site roads to the extent required for the swept
paths of the refuse vehicle and fire tender
set out in Appendix D of the Transport Statement.
- clause to ensure the maintenance of the drainage.
11.2 That the Assistant Director: Planning be
recommended to APPROVE the application subject to the following
conditions amended, added to or deleted as the Assistant Director:
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: -
3607.P.100 Rev A Site Location Plan
3607.P.104 F Site Plan
3607.P.105 F Colour Site
Plan
3607.P.106 D Plots 1-5
Floor Plans
3607.P.107 E Plots 1-5 Elevations
3607.P.108 D Plots 6 -9 Floor Plans
3607.P.109 E Plots 6-9 Elevations
3607.P.110 E Context Elevation
3607.P.113 Bin & Cycle
Stores
3607.P.111 F Plots 13-21
Floor Plans
3607.P.112 C Plots 13-21
Elevations
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 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 windows
at a minimum scale of 1:20;
d). Plan and elevation drawings, with materials annotated, of all
new doors at a minimum scale of 1:20.
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 setting of the Listed Building
and the Conservation Area in accordance with the requirements of
policy.
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 strict accordance with the
approved document(s).
REASON: In order to safeguard the setting of the Listed Building
and the Conservation Area in accordance with the requirements of
policy
05. No development shall take place until details of safe and
suitable means of access
for construction traffic including consideration of pedestrian
movements and protection of the construction of existing highway
has been 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. The final
dwelling on the development shall not be occupied until the
existing access
to the site from Wicks Green is
closed and the verge is reinstated in accordance with details which
have been submitted to and approved in writing by the Local
Planning Authority; the reinstatement shall be retained
thereafter.
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 22 cars to park,
with at least 2 spaces providing for disabled parking, 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. No development shall
be occupied until
(a) details of the location of 4
visitor car parking spaces, and
(b) details of the signing for
the 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]
09. No development
shall be occupied until a scheme has been submitted to and approved
in writing by the Local Planning Authority for covered and secure
cycle parking facilities for at least 4 cycles. The development
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]
10. 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]
11. No
development (including any demolition and site clearance works)
shall take place, until a Construction Transport Management Plan
has been submitted to and approved in writing by the Local Planning
Authority.
The management plan as a minimum shall include:
(i) Access arrangements for demolition and construction vehicles,
including consideration of pedestrian
movements in the local area and the protection of highway on the
route(s) to the site;
(ii) Routing of construction traffic (including directional signage
and appropriate traffic
management measures);
(iii) Details of the parking of vehicles of site operatives and
visitors;
(iv) Areas for loading and unloading of plant and
materials;
(v) Areas for the storage of plant and materials used in
constructing the development;
(vi) Location of any temporary portacabins and welfare buildings
for site operatives;
(vii) Details of any security hoarding;
(viii) Details of any external lighting of the site;
(ix) Details of the method of piling for foundations (if
used);
(x) Measures to control the emission of dust, dirt, noise and odour
during construction;
(xi) Measures to control surface water run-off during
construction;
(xii) Measures to prevent ground and water pollution from
contaminants on-site;
(xiv) construction and demolition working hours and hours during
which delivery vehicles or vehicles taking materials away are
allowed to enter or leave the site;
(xv) Details of wheel-washing facilities; and
(xvi) Swept path drawings demonstrating that the largest
anticipated construction vehicles can enter the site, turn around
and depart in a forward gear.
The approved Construction Environmental 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
12. 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 produced as part of this
development (e.g. not burning of waste on-site)
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
13.
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 Bank or National Holidays.
REASON:
To protect the occupiers of neighbouring properties from noise and
disturbance outside the permitted hours during the construction
period.
14.
If contamination is found at any time during site clearance,
groundwork and construction the discovery shall be reported as soon
as possible to the Local Planning Authority. A full contamination
risk assessment shall be carried out and if found to be necessary,
a ‘remediation method statement’ shall be submitted to
the Local Pplanning Authority for written approval. Should no
evidence of contamination be found during the development, a
statement to that effect shall be submitted to the Local Planning
Authority.
REASON: -To protect
future occupiers and users of the site from the harmful effects of
contamination.
Relevant Policies:
BFBLP EN25
15.
Works shall be carried out in accordance with the approved
‘remediation method statement’ (submitted to comply
with condition 14) and a final validation report shall be submitted
to the Local Planning Authority before the site (or relevant phase
of the development site) is occupied.
REASON: -To protect
future occupiers and users of the site from the harmful effects of
contamination.
Relevant Policies:
BFBLP EN25
16. 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]
17. No development
shall take place (including demolition, ground works and site
clearance) until a method statement for the sensitive works to
avoid the potential of harm to great crested newts has been
submitted to and approved by the Local Planning Authority. The
content of the method statement shall include:
• the purpose
and objectives for the proposed works
• detailed
designs and/or working methods to achieve the stated objectives
• extent and
location of the proposed works shown on an appropriate plan
• a timetable
for implementation
• details of
persons responsible for implementing the works
The works shall be carried out strictly in accordance with the
approved details.
REASON: In the interests of nature
conservation
[Relevant Plans and Policies: BFBLP EN3 CS1, CS7]
18. A landscape and
ecological management plan (LEMP) shall be submitted to, and
approved in writing by, the Local Planning Authority prior to the
first occupation of the development. 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: BFBLP EN3 CS1, CS7]
19. No development
shall be occupied 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 confirming the implementation of the
biodiversity enhancement measures in accordance with the approved
details.
REASON: In the
interests of nature
conservation
[Relevant Plans and
Policies: BFBLP EN3 CS1, CS7]
20. 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.
REASON: In the
interests of nature
conservation
[Relevant Plans and
Policies: BFBLP EN3 CS1, CS7]
21. No development
shall take place until full details of the Surface Water Drainage
System in accordance with the approved drainage strategy
(Glanvillle Flood Risk Assessment dated 14th May 2021
Issue 6) have been submitted to and approved in writing by the
Local Planning Authority. These shall include:
a) Full details of
all components of the proposed drainage system including
dimensions, locations, gradients, invert and cover levels, headwall
details and drawings as appropriate.
b) Calculations
demonstrating that the strategy accords with the approved discharge
rate.
REASON: To ensure
that the site is properly drained and does not increase the risk of
flooding
[Relevant
policies:CS1 of the CSDPD].
22. Prior to
occupation of any property a verification report, appended with
substantiating evidence demonstrating the agreed/approved
construction details and specifications have been implemented,shall
be submitted and approved in writing by the Local Planning
Authority. This will include photos of excavations and soil
profiles/horizons, any placement of tanking, crating, connecting
pipe work, control structure, cover systems …..etc.
REASON: To ensure
that the site is properly drained and does not increase the risk of
flooding.
[Relevant
policies:CS1 of the CSDPD].
23. No dwelling
hereby permitted shall be occupied 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. 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) comprehensive 5
year post planting maintenance schedule; and
c) underground
service and external lighting layout (drainage, power,
communications cables, pipelines etc. indicating lines, manholes
etc.), both existing reused and proposed new routes; and
d) means of
enclosure (walls and fences etc); and
e) 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
f) recycling/refuse
or other storage units; and
g) other landscape
features (water features, seating, trellis and pergolas etc).
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]
24. The development hereby permitted
(including initial site-clearance) shall not be begun until a
detailed scheme, and programme for its implementation for the
protection of existing trees, hedgerows and groups of mature shrubs
to be retained, in accordance with British Standard 5837:2005
‘Trees In Relation To Construction Recommendations’ (or
any subsequent revision), has been submitted to and approved in
writing by the Local Planning Authority. The submitted scheme
shall include proposals for the phasing of its implementation so
that protection is provided from the commencement of demolition or
site clearance works (whichever is the sooner), through to the
construction works and the completion of hard landscaping
works. The submitted scheme shall include the
following:
a)
Plans of a minimum scale
of 1:200 (unless agreed otherwise by the Local Authority) showing
the proposed locations of 2.3m high protective barrier/s, supported
by a metal scaffold framework, constructed in accordance with
Section 9 (Figure 2) of BS 5837:2005, 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.
b)
Proposed ground
protection measures in accordance with Section 9 (Figure 3) of BS
5837:2005.
c)
Illustration/s of the
proposed fencing structure/s to be erected.
The development shall be
carried out in accordance with the approved scheme and
programme.
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]
25.
The development hereby permitted
shall not be begun until a detailed site specific construction
method statement for all hard surfaced areas of any description
within the minimum root protection areas of retained trees
calculated in accordance with British Standard 5837:2005
‘Trees In Relation To Construction Recommendations’, or
any subsequent revision, has been submitted to and approved in
writing by the Local Planning Authority. Details shall be
based on a porous ‘No-Dig’ principle of construction,
avoiding any excavation of existing levels in all areas concerned,
and shall include: -
a)
An approved development layout plan
identifying all areas where special construction measures are to be
undertaken.
b)
Materials including porous surface
finish.
c)
Construction profile/s showing
existing /proposed finished levels together with any grading of
levels proposed adjacent to the footprint in each respective
structure.
d)
Program and method of
implementation.
The Construction Method Statement shall be
observed, performed and complied with.
REASON: In order to alleviate any adverse impact
on the root systems and the long term health of retained trees, in
the interests of the visual amenity of the area.
[Relevant Policies: BFBLP EN1 and EN20, CSDPD
CS7]
26. The first floor
door associated with flat 17 on the north east (rear) elevation
shall be fixed shut and designed to have a frosted window screen to
prevent a significant level of overlooking to plot 5 with the
details submitted to and agreed in writing with the Local Planning
Authority prior to the occupation of this unit. The agreed details
shall be implemented in full and retained thereafter.
REASON: To prevent the overlooking of rear
property (plot 5) and ensure the protection of the Listed
Building.
[Relevant Policies: BFBLP EN20 and
Core Strategy DPD CS1]
27. The development shall not
be occupied until evidence has been provided to and agreed in
writing by the Local Planning Authority that the development will
be served by a superfast broadband (fibre optic) connection. Where
it can be demonstrated that this would not be possible, practical
or economically viable, through consultation with Next Generation
Access (NGA) Network providers, sufficient and suitable ducting
shall be provided within the site and to the property to facilitate
ease of installation at a future date. The agreed details shall be
fully integrated into the proposed development and retained
therein.
REASON: To provide high speed
broadband
[Relevant Policies: Policy CO1 of the Binfield
Neighbourhood Plan 2015-2026]
In the event of the S106 agreement
not being completed by 30th November 2021, the Assistant
Director: Planning be authorised to either extend the period
further or refuse the application for the following reasons:
-
1. It has not been demonstrated that the proposed
development would incorporate a sustainable drainage system (SuDS)
for the management of surface water run-off which would be
maintained for the lifetime of the development. This is contrary to
the House of Commons: Written Statement (HCWS161) Sustainable
Drainage Systems 18/12/2014, the Flood Risk and Coastal Change PPG
updated 15/04/2015, and the NPPF.
2. In the absence of a planning obligation to secure
a 10% biodiversity net gain which would deliver measurable
improvements for biodiversity by creating or enhancing habitats in
association with the development the proposal is contrary to paras
8c and 170d of the NPPF.
Informatives
01. The Local
Planning Authority has acted positively and proactively in
determining this application by identifying matters of concern
within the application (as originally submitted) and negotiating,
with the Applicant, acceptable amendments to the proposal to
address those concerns. As a result, the Local Planning
Authority has been able to grant planning permission for an
acceptable proposal, in accordance with the presumption in favour
of sustainable development, as set out within the National Planning
Policy Framework.
02. The applicant is
advised that the following conditions require discharging prior to
commencement of development:
3,4,5,11,12,16,17,21,24,25
The following
conditions require discharge prior to the occupation of the
dwellings hereby approved:
6,7,8,9,14,15,18,19,20,22,23,26,27
No details are
required to be submitted in relation to the following conditions;
however they are required to be complied with:
1,2,10,13
03. Any works
affecting the adjoining highway (including the adopted verge) shall
be approved by, and a licence obtained from, the Highways and
Transport Section, Time Square, Market Street, Bracknell, RG12 1JD,
telephone 01344 352000 or via email at Highways.Transport@bracknellforest.gov.uk
before any development is commenced. 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.
04. The
attention of the applicant is drawn to the requirements of Section
60 of the Control of Pollution Act 1974 in respect of the
minimisation of noise on construction and demolition sites.
Application, under Section 61 of the Act, for prior consent to the
works, can be made to the Environmental Health and Licensing
Manager.
05. The site
lies just outside of an air quality management area and
consideration should be given when planning the vehicle movements
associated with the development.
06. In the design access
statement section 4.62 it is noted that electric vehicle charging
facilities are possible at each parking space. We encourage the
developer to utilise this opportunity to improve air
quality.
07. Thames Water
would expect the developer to demonstrate what measures will be
undertaken to minimise groundwater discharges into the public
sewer. Groundwater discharges typically result from
construction site dewatering, deep excavations, basement
infiltration, borehole installation, testing and site
remediation. Any discharge made without a permit is deemed
illegal and may result in prosecution under the provisions of the
Water Industry Act 1991. Should the Local Planning Authority be
minded to approve the planning application, Thames Water would like
the following informative attached to the planning permission: "A
Groundwater Risk Management Permit from Thames Water will be
required for discharging groundwater into a public sewer. Any
discharge made without a permit is deemed illegal and may result in
prosecution under the provisions of the Water Industry Act
1991. We would expect the developer to demonstrate what
measures he will undertake to minimise groundwater discharges into
the public sewer. Permit enquiries should be directed to
Thames Water's Risk Management Team by telephoning 020 3577 9483 or
by emailing trade.effluent@thameswater.co.uk
.
08.
There are public
sewers crossing or close to your development. If you're planning
significant work near Thames Water sewers, it's important that you
minimize the risk of damage. We'll need to check that your
development doesn't limit repair or maintenance activities, or
inhibit the services we provide in any other way. The applicant is
advised to read our guide working near or diverting our
pipes.
https://eur03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdevelopers.thameswater.co.uk%2FDeveloping-a-large-site%2FPlanning-your-development%2FWorking-near-or-diverting-our-pipes&data=04%7C01%7CKatie.Andrews%40bracknell-forest.gov.uk%7C29bc59fafdda419813ee08d940681ab9%7Cf54c93b70883478fbf3d56e09b7ca0b7%7C0%7C0%7C637611638135878288%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=we8d9OIbZiXPoc5KbxDxWv8XSKazIEK4RCTpC3pBsAY%3D&reserved=0.
09. With regard to SURFACE
WATER drainage, Thames Water would advise that if the developer
follows the sequential approach to the disposal of surface water we
would have no objection. Management of surface water from new
developments should follow Policy SI 13 Sustainable drainage of the
London Plan 2021. Where the developer proposes to discharge
to a public sewer, prior approval from Thames Water Developer
Services will be required.
10. Thames Water would
recommend that petrol / oil interceptors be fitted in all car
parking/washing/repair facilities. Failure to enforce the effective
use of petrol / oil interceptors could result in oil-polluted
discharges entering local watercourses.
