1.
SUMMARY
1.1 This
is an application under Section 73 of the Town and Country Planning
Act to vary condition 15 attached to application 19/00930/FUL which
granted permission for the erection of 3 detached dwelling houses
including driveways and garages and landscaping following removal
of 7 existing buildings an hardstanding at the site.
1.2 It is
recommended that condition 15 be varied, to allow a limited and
environmentally sensitive external lighting scheme but that
planning permission still be required for any additional external
lighting required in the future.
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RECOMMENDATION
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Planning permission be granted subject to
conditions in Section 11 of this report
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2.
REASON FOR REPORTING APPLICATION TO ADVISORY PLANNING
COMMITTEE
2.1 The application is reported
to the Advisory Planning Committee as it has received more than 5
objections.
3.
PLANNING STATUS AND SITE DESCRIPTION
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PLANNING STATUS
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Green Belt
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Tree Preservation Order
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4.
RELEVANT SITE
HISTORY
4.1
The relevant planning history
can be summarised as follows:
21/00241/NMA
Application for non material amendment to 19/00930/FUL to move
location of the approved refuse storage from near the garages to
next to each dwelling on all plots.
Approved
31.03.2021
19/00930/FUL Full
planning application for the erection of 3x detached dwellinghouses
including driveways and garages and landscaping
following removal of 7 existing
buildings
and hardstanding
at the site
Approved
27.04.2020
19/00721/PAA
Application for prior approval for the change of use of 2no.
agricultural buildings to 5no.
dwellinghouses (C3) following the demolition of part of the
buildings.
Refused 13.09.2019
18/00124/FUL Erection of 2no. dwellinghouses with detached garages
following demolition of existing buildings and removal of
hardstanding.
Approved 06.06.2018
17/00279/TRTPO Application to fell
trees. Approved 09.01.2018
Notification of Change of Use from agricultural building to Class
B8 (Storage and Distribution) received 21.12.2017
16/00689/PAA Application for prior approval for
the change of use of 2no. agricultural buildings to 2no. dwelling
houses following the demolition of part of the buildings. Approved
18.08.2016
16/00154/PAA Application for prior approval for
the change of use of 2no. agricultural buildings to 2no. dwelling
houses following the demolition of part of the buildings. Refused
23.03.2016
15/01131/FUL Change of use of agricultural land
to residential and erection of a detached dwellinghouse and
driveway, and construction of new driveway for Hog Oak House
following the demolition of the existing agricultural buildings and
hardstanding. Refused 11.01.2016
13/00156/FUL Change of use of existing
agricultural barn to form 1 no. 6 bed detached dwelling and
erection of detached garage following demolition of existing
derelict buildings. Refused 14.01.2014
10/00792/OUT Change of use of existing
agricultural barn to form 1 no. 6 bed detached dwelling and
erection of detached garage following demolition of existing
derelict buildings. REFUSED 03.03.2011
07/00463/FUL Section 73 application for the
erection of single storey front extension forming portico,
following demolition of existing portico. (Condition 03 of planning
permission 624510 states that no extension to any dwelling house
shall be constructed without the prior written permission of the
Local Planning Authority.) Approved 11.07.2007
03/00418/FUL Continued use of agricultural
buildings (total floor space 402 sq.m.) for storage purposes with
ancillary offices. Refused 24.02.2005
01/00662/FUL Erection of 1no. five bedroomed
house and building containing 4no. stables following demolition of
existing buildings. Refused 12.10.2001
01/00776/T Application for a change of use of agricultural
land & building for use as a compound for storage of pipes and
road repair equipment for a temporary period of one year. Refused
05.10.2001
5.
THE PROPOSAL
5.1 This application
seeks to vary condition 15 of application 19/00930/FUL which
granted planning permission for erection of 3 detached
dwelling houses including driveways and garages and landscaping
following removal of 7 existing buildings an hardstanding at the
site.
Legislative Background.
5.2 Section 73 enables
conditions to be varied or removed associated with a planning
permission. One of the uses of a section 73 application is to seek
a minor material amendment, where there is a relevant condition
that can be varied.
5.3 Whilst an application under
section 73 enables conditions to be varied, the time limit cannot
be amended, nor can the description of development be amended,
5.4 Permission granted under
Section 73 takes effect as a new, independent permission to carry
out the same development as previousley permitted. The new
permission sits along side the original permission. In respect of
conditions, Planning Practice Guidance clarifies that
‘notices for the grant of planning permission under
section 73 should also repeat the relevant conditions from the
original planning permission, unless they have already been
discharged’.
5.5 Condition 15
stated:
No external lighting shall be
installed on the site or affixed to any buildings on the
site.
5.6 The applicant has
submitted an external lighting scheme which has been designed with
an ecologist to enable limited external lighting consisting
of:
(1) 4
LED downlights on the gateposts entering the site on passive
infrared (PIR) movement sensor. The down lights would have
dimensions of 122mm by 86mm by 81mm.
(2) Three 750mm tall bollard lights in the driveway
to plots 1 and 2 fitted with a low voltage 5w LED lamp on PIR
movement sensors.
(3) 25 LED downlights ion walls next to the external doors
of the new houses and garages on PIR movement sensors.
5.7 Condition 15 is
proposed to be reworded as below:
‘No
external lighting shall be installed on the site or affixed to any
building on the site other than in accordance with the light
detailed within the letter from GS Ecology dated 5th
April 2021. Therefore’ the condition is not being removed but
varied to allow for a sensitively designed lighting
scheme.
6.
REPRESENTATIONS
RECEIVED
6.1 Warfield Parish Council
Recommends refusal as the existing condition should be maintained
to preserve dark skies in the area and prevent light
pollution.
6.2 CPRE
Berkshire
CPRE Berkshire objects to the application on the following
grounds:
Policy WNP13 for the Warfield Neighbourhood Plan
promotes dark skies and should be material in the determination of
this application. [Officer Note: The Warfield Neighbourhood Plan is
at the examination stage and therefore cannot yet be afforded any
weight in the decision-making process].
Disagree that there is a need for external
lighting and concerned that it could lead to a creep of lighting
across the countryside to its detriment.
6.3 Other Representations
6 letters of objection have been received from
different addresses, making the following
representations:
·
The site is evidently sensitive
to light pollution due to the proximity to SSSI and Nature reserve
and bat roosts.
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There is no justification for
the proposed lighting.
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Will the lights be individually
switched or grouped.
·
The site is located in an area
of intrinsically dark landscape and as such the proposals would
have a detrimental effect on amenity and nature conservation as a
result if light pollution which is considered against Policy WNP13
Policy Promoting Dark Skies.
·
The site is located within the
Green Belt. The proposal would have an urbanising effect on the
site and the locality and therefore constitutes inappropriate
development.
7.
SUMMARY OF CONSULTATION
RESPONSES
Biodiversity
Officer
7.1 No objection to proposed lighting scheme.
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:
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Development Plan
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NPPF
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General policies
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CS1 and CS2 of the CSDPD
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Consistent
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Design
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CS7 of the CSDPD, EN20 of the BFBLP
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Consistent
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Amenity
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‘Saved’ policies EN1, EN2 and EN20 of the BFBLP
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Consistent
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Highways
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‘Saved’ policy M9 of the BFBLP
CS23 of the CSDPD
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Consistent - Para. 107 refers to LPAs setting their own parking
standards for residential development
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Biodiversity
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CS1, CS7 of the CSDPD
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Consistent Par. 180
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Green Belt
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‘Saved’ Policy
GB1
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Consistent (para.
149)
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Other publications
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National Planning Policy Framework (NPPF)
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9.
PLANNING CONSIDERATIONS
9.1 The key issues
for consideration are:
i.
Impact upon ecology
ii.
Impact upon Character and
Appearance of the Area and openness of Green Belt
iii.
Other matters
i.
Impact upon ecology.
9.2 The
condition was imposed at a request from the Council’s
Biodiversity Officer so that artificial light did not have a
detrimental effect upon biodiversity or ecology.
9.3
Conditions can be a means of controlling future development which
would otherwise be permitted development. This can be, to ensure
that any future development is sensitive to the specifics of the
site or in this case to ensure that the LPA had control over
external lighting. The imposition of a condition to remove
permitted development rights is not therefore a blanket refusal for
any future developments.
9.4 In
this instance the applicants have requested to vary condition 15 to
enable an external lighting scheme to be considered. This has been
designed in conjunction with an ecologist to ensure that the
impacts are acceptable to wildlife.
9.5 The
lighting would consist of three 0.75m high bollards, 4 LED
downlights posited either side of the gates, and 25 down lights
positioned adjected to external doors on the dwellings and
garages.
9.6 The
downlights have dimensions of height 12.2cm, with 8.1cm and depth
of 8.6m. So whilst there are a number of them around the site there
are small discrete units. It is not considered that would have an
impact upon the character or appearance of the area and the light
emitted would be minimal.
9.7 They
would use Passive Infrared (PIR) movement sensors so, unless
triggered, the lights will be off, maintaining the dark skies and
not interfering with wildlife.
9.8 The
Council’s Biodiversity Officer has no objection to the
installation of sensitive downlighters which will minimise the
lighting around the new development and raises no objection to the
proposal.
ii.
Impact upon Character
and Appearance of the Area and openness of Green Belt
9.9 Objections have
been raised on the grounds that the lights would be out of
character with the area and harmful to the openness of the Green
Belt. The bollards are the biggest and most visually prominent
structures of the lighting structures proposed. However only
three are proposed to be installed and at 75cm in height, the
impact within the site is not considered to be
significant.
9.10 The site is located within the
Green Belt where openness is its key characteristic. All the lights
apart from the pillars would be affixed to approved structures
within the site and due to their size are not considered to
detrimentally affect the openness of the Green Belt. Whilst the
bollards are larger and stand alone features, there are only three
and given their height and dimensions, they are not considered to
detrimentally affect the openness.
9.11 The proposed lighting will be
controlled by infrared movement sensors and so will only be turned
on when triggered. The lighting will therefore not be on
continuously throughout the night and accordingly it is not
considered that unacceptable light pollution would result from the
proposal.
9.12 Given the above it is not
considered that the proposal would have a significant impact upon
the character and appearance of the area and is considered to
comply with Policy CS7 of the Core Strategy DPD and EN20 of the
Bracknell Forest Borough Local Plan.
iii.
Other matters
9.13 In accordance with the
regulations the conditions have been updated to take account of the
details reserved by conditions and subsequently agreed or
discharged. Due to the nature of the details, some of these
conditions have been removed as they are no longer necessary (e.g.
verification of contamination) or updated to reflect the details
which have been approved (e.g. boundary treatments).
10.
CONCLUSIONS
10.1 This application is to vary a
condition to enable sensitive lighting to be installed upon and
around the dwellings granted planning permission last year. The
application has been assessed by the Council’s Biodiversity
officer and found to be acceptable. The small light fixings,
downward direction of illuminance and limited number of bollards
would have an insignificant impact upon the character and
appearance of the area and the openness of the Green
Belt.
10.2 The
condition is retained but re-worded to enable the acceptable
lighting scheme to be installed. A planning application would
therefore be required should any other external lighting be
proposed and this could be assessed for suitability at that
point.
10.3 It is therefore considered
that the proposed development complies with ‘Saved’
policies EN20 of the BFBLP, Policies CS1, CS7 of the CSDPD and the
NPPF.
11.
RECOMMENDATION
11.3
The application is recommended
to be delegated to the Assistant Director: Planning and
APPROVED subject to the following conditions:-
01. The
development hereby permitted shall be begun before the expiration
of three years from 27.04.2020.
REASON: This was the date of the parent permission and cannot
be changed by a S73 application.
02. The
development hereby permitted shall be carried out only in
accordance with the following approved plans received by the Local
Planning Authority under planning reference
19/00930/FUL:
Location Plan: D1297-01
Site Location Plan: D1297-02p Rev. 5
Existing Site Layout Plan: D1297-12p Rev.6
Typical Garage Details: D1297-09p
Front Boundary Fence Details: D1297-14a
Tree Protection Details (demolition): D1297-02p Rev.3
Tree Protection Details (construction): D1297-02p Rev. 3
GS Ecology Scheme to Mitigate the impact on Nesting birds during
construction. Dated 24 January 2020
GS Ecology Ecological Assessment dated February 2020
GS Ecology Bio-diversity Enhancements Plan dated February
2020
Remediation and Verification Strategy by Santec dated 24 February
2020
Plans approved under NMA
application
21/00241/NMA
Plot 1 Floor Layout Plans
(D1297-03p Rev 3)
Plot 1 Elevations (D1297-04p
Rev 3)
Plot 2 Floor Layout Plans
(D1297-05p Rev 3)
Plot 2 Elevations (D1297-06p
Rev 3)
Plot 3 Floor Layout Plans
(D1297-07p Rev 3)
Plot 3 Elevations (D1297-08p
Rev 3)
Unnumbered Block plan- existing
and proposed refuse store locations
Received 4.3.2021 and
5.03.2021.
REASON: To ensure that the development is carried out only as
approved by the Local Planning Authority.
03. The
dwellings hereby approved shall be constructed out of Vandersanden,
Bromley and red multi stock bricks; Dark Antique Priory plain roof
tile; oak wooden beams and white render.
REASON: In the interests of the visual amenities of the
area.
[Relevant Policies: BFBLP EN20, Core Strategy DPD CS7]
04. The
materials and height of wall, fences and other means of enclosure
shall be installed in accordance with Landscaping Plan 3716/200/H
approved under application 20/00142/COND prior to the first
occupation and thereafter retained as approved.
REASON: - In the interests of the visual amenities of the area and
bio-diversity
[Relevant Policies: BFBLP EN20, Core Strategy DPD CS1,
CS7]
05. Prior to
the practical completion of any dwelling, the Warfield byway 20
shall be returned to its former condition, of which the council
hold record.
REASON: To ensure that the byway remains in an acceptable state to
be enjoyed by all users.
[Relevant Policies: Core Strategy DPD Policy CS24]
06. All
planting comprised in the soft landscaping works shall be carried
out and completed in full accordance with Landscaping Plan
3716/200/H, Proposed Planting Scheme dated 01.02.2021 and
Planting Specification approved under reference 20/00142/COND, in
the nearest planting season (1st October to 31st March inclusive)
to the completion of the development or prior to the occupation of
any part of the approved development, whichever is sooner.
All hard landscaping works shall be carried and completed prior to
the occupation of any part of the approved development. As a
minimum, the quality of all hard and soft landscape works shall be
carried out in accordance with British Standard 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
nearest planting season (1st October to 31st March inclusive) with
others of the same size, species and quality as
approved.
REASON: In the interests of bio-diversity and visual amenity of the
site
[Relevant Plans and Policies: CSDPD CS1, CS7]
07. No
dwelling shall be occupied until a means of vehicular access has
been constructed in accordance Landscaping Plan 3716/200/H and
Email from applicant dated 26.03.2021.approved under application
20/00142/COND
REASON: In the interests of highway safety.
[Relevant Policies: Core Strategy DPD CS23]
08. Prior to
the first occupation, the parking and turning areas shown on plan
D1297-02P Rev 4 shall be constructed in accordance with details
approved under application 20/00142/COND. The area will be retained
for parking thereafter.
REASON: To ensure adequate on-site parking is provided
[Relevant Policy: BFBLP M9]
09. The
garages shall be retained for the use of the parking of cycles at
all times.
REASON: To ensure that the Local Planning Authority's cycle parking
standards are met.
[Relevant Policy: BFBLP M9]
10. During
construction the site shall be laid out and operated in accordance
with the Site Organisation Plan dated 18.02.20. The approved scheme
shall be performed, observed and complied with. No other
areas on the site, other than those in the approved scheme shall be
used for the purposes annotated.
REASON: In the interests of amenity and road safety.
[Relevant Policy: BFBLP M9]
11. The
parking and turning areas shall incorporate surface water drainage
that is SuDS compliant and in accordance with DEFRA "Sustainable
Drainage Systems - Non-statutory technical standards for
sustainable drainage systems" (March 2015). It shall be
operated and maintained as such thereafter.
REASON: To prevent increased risk of flooding, to improve and
protect water quality and ensure future maintenance of the surface
water drainage scheme.
12.
Notwithstanding the provisions of the Town and Country Planning
(General Permitted Development) (England) Order 2015 (or any order
revoking and re-enacting that order with or without modification)
no enlargement, addition, improvement or other alteration permitted
by Classes A, B, C, E and F of Part 1 of the Second Schedule of the
2015 Order shall be carried out.
REASONS: The site is located within the designated Green Belt where
strict controls over the form, scale and nature of development
apply and the site is affected by a Tree Preservation
Order/contains trees which are a feature of the site where strict
control over development is required by the policies of the
development to ensure their protection.
[Relevant Policies: BFBLP GB1, EN1, Core Strategy DPD
CS9]
13. The areas
shown for bat roost purposes on the approved plans shall thereafter
be retained as such and shall not be used for any other
purpose.
REASONS: In the interest of nature conservation.
[Relevant Policies: CSDPD CS1]
14. No external
lighting shall be installed on the site or affixed to any building
on the site other than in accordance with the lighting scheme
detailed within the letter from GS Ecology dated 5th
April 2021. All lighting detailed within the approved scheme shall
only be operated by the passive infra-red sensors.
REASONS: In the interest of Bio-diversity.
[Relevant Policies: CSDPD CS1]
15. Should any
trees, shrubs or hedgerows be removed during the main bird nesting
period of 1st March to 31st August inclusive, the works shall be
undertaken following the methodology contained within the GS
Ecology 'Scheme to minimise the impact on nesting birds during
construction' dated 24 January 2020.
REASONS: In the interest of Bio-diversity.
[Relevant Policies: CSDPD CS1]
Informative(s)
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. Trees on and
adjacent to this site are/may be protected by Tree Preservation
Orders and/ or Conservation Area legislation. Written consent must
be therefore obtained from the Council's Tree Section before
undertaking any form of work to such trees (including any work
affecting their root systems), unless detailed works to such trees
have been specifically approved in writing as a part of this
planning permission. Any pruning or removal of trees without the
necessary consent or any damage arising from non compliance with
other conditions of this permission or otherwise may be liable to
prosecution by the Council. This may be in addition to any
enforcement action deemed appropriate for non compliance with
relevant planning conditions. Property owners, developers and/ or
any other relevant persons are therefore advised to take
appropriate measures to ensure that all persons responsible for
overseeing works approved under this permission are suitably
briefed on this matter
03. No details are
required to be submitted in relation to the conditions attached to
this decision, however they are required to be complied
with.
