1.
SUMMARY
1.1 Full planning
permission is sought for the erection of 2no. 3-bedroom detached
dwellings on land to the rear of 329 Yorktown Road.
1.2 The development
relates to a site within the settlement boundary. It is not
considered that the development results in an adverse impact on the
streetscene or the character and appearance of the area,
residential amenity, trees, biodiversity or highway safety.
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RECOMMENDATION
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Planning
permission be granted subject to the completion of a S106 Agreement
and the conditions set out in Section 11 of this report
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2.
REASONS FOR REPORTING THE APPLICATION TO ADVISORY PLANNING
COMMITTEE
2.1 The application has
been reported to the Advisory Planning Committee as more than five
letters of objection have been received for this scheme.
3.
PLANNING STATUS AND SITE DESCRIPTION
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PLANNING STATUS
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Within Defined
Settlement
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Between 400m and
5km of Thames Basin Heath SPA
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3.1 The proposal site is
located in of the rear garden of no.329 Yorktown Road. The proposal
site includes a single-track shared access which runs along the
eastern boundary of no.329. The access leas to the existing garage
of no.329 and those garages of no.313 and 333.The proposal site
includes the shared access track only and not the garages belonging
to no.313 and no.333.
4.
RELEVANT PLANNING HISTORY
4.1
The relevant planning history is summarised as follows:
00/00943/OUT
Outline
application for erection of one dwelling on land to the rear of
no.329 Yorktown Road with access onto Yorktown Road.
Refused
8.12.2000 and the Appeal was dismissed
5. THE
PROPOSAL
5.1
The proposal is for the demolition of the existing garage for
no.329 and the subdivision of the rear garden to provide 2no. new 3
bedroom detached dwellings. Access to the new dwellings would be
provided down the existing shared single lane track leading to the
garages to the rear of no.331 and no.333 Yorktown Road. A smaller
garden area would be retained for no.329 with the remaining garden
area subdivided into two plots each providing for a detached two
storey dwelling with two parking spaces to the front and private
gardens to the rear.
6.
REPRESENTATIONS RECEIVED
Sandhurst
Town Council
6.1 Objection on the
following grounds:
(i)
Creation of double building line
(ii)
Inconvenient and substandard access
(iii)
Adverse impact on residential amenity and privacy
Other
Representations
6.2 Seven letters of
objection have been received raising the following concerns:
(i)
Highway safety issues and inadequate parking
(ii)
The proposed access is not suitable and would cause disruption
(iii)
Impact on residential amenity, privacy, disturbance and
security
(iv)
Unsuitable design, out of keeping with character of area
(v)
Insufficient details of landscaping
(vi)
Concern regarding presence of slow worms
(vii)
Insufficient bin and bicycle storage, likelihood of bins being
stored on pavement
(viii)
Lack of SAP details
(ix)
Issues during construction
(x)
Ownership and legal concerns
(xi)
Encroachment onto right of way
(xii)
Previous schemes refused
[Officer Comment: Concerns regarding
construction, ownership and other legal issues (including rights of
way) are not material planning considerations. All planning
applications must be considered under their own merits, and all
current policy and guidance.]
7.
SUMMARY OF CONSULTATION RESPONSES
Highway
Authority
7.1 No objection
Environmental
Health
7.2 No objection
8.
MAIN POLICIES AND OTHER DOCUMENTS RELEVANT TO THE
DECISION
8.1
The key policies and associated guidance applying to the site
are:
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Development Plan
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NPPF
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General policies
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CS1 & CS2 of CSDPD
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Consistent
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Design and Character
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CS7 of CSDPD, Saved policy EN20 of
BFBLP
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Consistent
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Residential Amenity
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Saved policies EN1, EN2, EN20 and EN25 of
BFBLP
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Consistent
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Highways
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CS23 of CSDPD, Saved policy M9 of BFBLP
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Consistent
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Trees
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‘Saved’ Policy EN1 of BFBLP
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Consistent
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Biodiversity
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‘Saved’ Policy EN15 of
BFBLP
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Consistent
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SPA
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NRM6 of the South East Plan, 'Saved' policy
EN3 of the BFBLP, the CSDPD
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Consistent
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Sustainability
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CS10, CS12 of the CSDPD
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Consistent
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Supplementary
Planning Documents (SPDs)
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Design (2017)
Parking Standards (2016)
Streetscene (2010)
Thames Basin Heath SPA (2018)
Sustainable Resource Management (2008)
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Other
publications
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National Planning Policy Framework 2021
(NPPF)
Building Research Establishment: Site
Layout Planning for Daylight and Sunlight: a Guide to Good Practice
2011 (BRE SLPDS)
CIL Charging Schedule (2015)
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9.
PLANNING CONSIDERATIONS
9.1 The key issues for consideration are:
(i)
Principle of the Development
(ii) Impact on
the character and appearance of the area
(iii)
Impact on residential amenity
(iv)
Highway safety consideration
(v) Impact on
biodiversity
(vi)
Sustainability
(vii)
Thames Basin Heath SPA
(viii)
Other Matters
(ix)
Community Infrastructure Levy (CIL)
i.
Principle of Development
9.2 Policy CP1 of the Site Allocations Local Plan sets out that a
positive approach should be taken to considering development
proposals which reflect the presumption in favour of sustainable
development as set out in the NPPF, and that planning applications
that accord with the development plan for Bracknell Forest should
be approved without delay, unless material considerations indicate
otherwise. This is consistent with the NPPF.
9.3 Yorktown Road is located within the defined settlement boundary
as designated by the Bracknell Forest Borough Policies Map.
Development within a defined settlement is considered to be in
accordance with Core Strategy Policies CS1 (Sustainable
development), CS2 (Locational Principles) and the NPPF. This is
subject to no adverse impacts on the amenity of neighbouring
residential properties, character and appearance of the surrounding
area, highway safety implications, biodiversity etc.
9.4 An outline application was submitted in the year 2000 for the
erection of a detached dwelling to the rear of no.329. This
application was refused and one of the reasons was the impact of
the backland development on the character of the area, detracting
from the existing pattern of built form and representing an
incremental piece meal development. This reason for refusal was
supported by an Inspector in a subsequent appeal. However,
relevant policies regarding backland development have since evolved
and backland development is viewed more favourably as an effective
use of land within settlement boundaries as outlined in Section 11
(‘Making effective use of land’) of the NPPF. As such,
given the passage of time since the appeal decision and the
amendments and adoption of further updated policies resulting in a
material change of circumstances, this reason for refusal is no
longer considered to apply.
ii.
Impact on Character and Appearance of Surrounding
Area
9.5 ‘Saved’ policy EN20 of the BFBLP states that
development should be in sympathy with the appearance and character
of the local environment and appropriate in scale, mass, design,
materials etc. Policy CS7 of the CSDPD states that the council
would require high quality design for all development in Bracknell
Forest. Development proposals would be permitted which build on the
urban local character, respecting local patterns of development.
Section 12 of the NPPF
emphasises the importance of good design as key to making places
better for people to live. Additionally, the NPPF states that the
design of development should help improve the character and quality
of an area and the way it functions.
9.6 The Council's Design SPD sets out a number of recommendations
that are relevant to the proposed development. Of particular
relevance are the following recommendations:
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Backland development should (i) not be highly visible from the main
street frontage, (ii) not harm the existing character of the area,
(iii) relate to a site of sufficient size and shape to accommodate
the number of dwellings proposed, (iv) not be taller than the
existing buildings nor be highly visible from the main street
frontage, (v) create a satisfactory living environment for the new
home owners and existing surrounding properties.
- The
form of the new dwellings, including roofs should relate well to
those found in the local context.
9.7 It is considered that the proposal complies with the above
recommendations as the dwellings would not be highly visible from
the street scene, with the proposed dwellings being set behind and
no taller than no.329 Yorktown Road, which itself is set back from
the frontages of its neighbouring properties. The site is
considered to be spacious enough to accommodate two additional
dwellings, and while it is acknowledged that the plot sizes for the
proposed development and the remaining garden area for no.329
Yorktown Road would become smaller, there are a variety of plot
sizes along Yorktown Road, and it is not considered that smaller
plots would appear out of keeping with the wider character of the
area. The depth of the rear gardens for all dwellings would be at
least 10m, which is considered sufficient to provide adequate
outside amenity areas for the current and future residents.
9.8 The proposed dwellings would be visible from College Road.
However, they would be significantly set back from the highway, and
would be partially screened by the existing buildings on College
Road. It is not considered that the proposed dwellings would appear
unduly prominent or out of keeping from College Road.
9.9 The proposed dwellings would have dual pitched roofs, with red
brick walls and red tiles. This choice of design and materials can
be found within Yorktown Road, and is considered in keeping with
the character of the area.
9.10 There is space to the front of the dwellings which could
accommodate soft landscaping, to soften the appearance of the
proposed development. It is recommended that a condition is imposed
requiring details of soft landscaping to be submitted to and
approved by the Council prior to the commencement of
development.
iii.
Residential Amenity
9.11 ‘Saved’ policy EN20 of the BFBLP states that
development will not adversely affect the amenity of surrounding
properties and adjoining area. Paragraph 130(e) of the NPPF states
that the Local Planning Authority should ensure high quality
amenity for all existing and future occupants of land and
buildings.
Overlooking
9.12 The Design SPD recommends that, for back to back
relationships, there is a separation distance of at least 10 metres
from a proposed first floor rear window towards the rear boundary,
and a separation distance of at least 22 metres from a proposed
first floor rear window towards the first floor rear windows of a
facing property. The Design SPD also recommends that any upper
storey side facing windows be obscure-glazed and top-opening.
9.13 The following table sets out the relationship between the
proposed dwellings and the neighbouring properties:
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Distance from first floor windows on
proposed dwellings to the boundary with affected dwelling
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Distance from first floor windows on
proposed dwellings to first floor windows on affected dwelling
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329 Yorktown Road
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11.3 metres
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25 metres
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331 Yorktown Road
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20 metres (As there is an oblique angle to
rear garden, a straight line was drawn from nearest corner of Plot
2 towards the rear garden of no.331 and the distance to the
intersection point recorded)
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26 metres (at an oblique angle)
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327 Yorktown Road
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Due to oblique angle a straight line from
the centre of the proposed windows would not intersect the garden
boundary of no.327
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24.7m
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1 College Road
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10m
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Due to oblique angle a straight line from
the centre of the proposed windows would not intersect the rear
building of no.1
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1A College Road
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No first floor side windows proposed facing
this property
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No first floor side windows proposed facing
this property
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3 College Road
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15m
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No.3 is a bungalow
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9.14 As this table shows, the relationship between the proposed
dwellings and the surrounding properties complies with the
requirements of the Design SPD, and it is therefore considered that
the proposed development would not result in adverse overlooking to
these properties. It is recommended that a condition is imposed
requiring first floor windows to be obscure-glazed and top-opening
only to avoid future overlooking concerns.
Overbearing
9.15 The Design SPD specifies that new developments should not
result in an overbearing impact on neighbouring properties but does
not specify how this should be assessed. However, the Design SPD
states that additional separation distances may be necessary as
storeys rise to mitigate against appearing overbearing. The
separation distances set out in the table above are considered
sufficient to avoid unduly overbearing impacts, given the proposed
dwellings are not excessively high being two storey buildings.
Overshadowing
9.16 Given the scale of the proposed dwellings and their separation
distance to the neighbouring gardens, it is not considered that the
dwellings would result in a significant loss of light to the
surrounding gardens to the detriment of their occupiers.
9.17 The BRE SLPDS is used as a guideline for assessing potential
loss of light and the acceptable levels of loss to light. For
windows facing the proposed development, a 25 degree line is drawn
on the vertical plane from the midpoint of the affected window
towards the proposed development. If the 25 degree line intersects
the proposed dwellings, it would be considered that the development
would result in an adverse impact on the affected property with
regards to loss of light.
9.18 Due to the separation distance between the proposed dwellings
and the neighbouring dwellings, the loss of light assessment above
found no adverse loss of light to the neighbouring properties.
9.19 It is noted that in dismissing the appeal against the refusal
of application 00/00943/OUT the Planning Inspector stated the
following:
'…a new dwelling in this location would involve additional
movements to and from the site, along the accessway and would
intensify activity in this relatively quiet position at the rear of
the frontage properties. As a result, those living nearby would be
likely to experience some increased noise and nuisance. This would
be most pronounced for those living next to the accessway, who
would be likely to suffer some disturbance from the more frequent
passage of vehicles to and from the new dwelling.'
9.20 Whilst the addition of two dwellings in this location would
increase the movements along the existing access, it is not
considered that this would be detrimental to the living conditions
of the adjoining dwelling to a degree that would justify a refusal
on this basis.
9.21 As such, the proposal would not be considered to affect the
residential amenities of residents of neighbouring properties and
would be in accordance with ‘Saved’ policies EN20 and
EN25 of the BFBLP, the Design SPD and the NPPF.
iv.
Transport and Highways Considerations
9.22 Policy CS23 of the CSDPD states that the Council will use its
planning and transport powers to reduce the need to travel,
increase the safety of travel, promote alternative modes of travel
and promote travel planning. ‘Saved’ policy M9 of the
BFBLP states that development will not be permitted unless
satisfactory parking provision is made for vehicles and cycles.
This policy also states that the standards set out in the Bracknell
Forest Borough Parking Standards, Supplementary Planning Document
2016 (SPD) must be adhered to.
9.23 Revised plans and information have been submitted that
illustrate the re-location of the parking for the existing dwelling
to the rear. They include provision of a refuse collection point to
the front and they show the widening of the access to 6.4m. This
will require a dropped-kerb application to be submitted to the
Highway Authority. A 'Store' is shown for each dwelling, which
should be conditioned to provide cycle parking.
9.24 In discussion with the fire service, due to the narrow width
of the access to the proposed properties, the applicant has
committed to the installation of a fire-suppression water mist
system in each of the new dwellings and this would be secured by
condition.
9.25 A planning condition is also requested in relation to
construction management. This is to ensure that all construction
activities and associated vehicle movements can be undertaken on
site, as additional demand for street space nor reversing of
construction vehicles onto the highway can be accommodated in this
location without an unacceptable impact on highway safety.
9.26 Subject to the above conditions, it is considered that
sufficient parking and access has been provided to ensure no
significant adverse impact on highway safety.
v.
Biodiversity Implications
9.27 Policy CS1 of the CSDPD states that development will be
permitted which protects and enhances the quality of natural
resources including biodiversity. Policy CS7 of the CSDPD states
that development proposals will be permitted which promote
biodiversity. ‘Saved’ policy EN15 of the BFBLP states
that external lighting schemes will only be acceptable where they
would have no adverse impact on wildlife. These policies are
considered to be consistent with the NPPF which states that the
planning system should contribute to, and enhance, the natural and
local environment by minimising impacts on biodiversity.
9.28
The application site consists of an existing residential garden,
which is mostly laid to grass. Thames Valley Environmental Records
Centre (TVERC) records show that the application site is not a
habitat of wildlife importance.
9.29
It is not proposed to demolish the existing dwelling (no.329), and
the land would remain in residential use. The Biodiversity Officer
has reviewed the application site and is satisfied that the
application site is not a suitable habitat for slow worms, and
therefore it would not be considered reasonable to refuse the
application on this basis.
9.30
A condition is recommended requiring a biodiversity enhancement
plan to be submitted to the Council prior to the commencement of
development.
vi.
Sustainability Considerations
9.31
CSDPD Policy CS10 requires the submission of a Sustainability
Statement demonstrating how the proposals meet current best
practice standards for water efficiency aimed at achieving an
average water use in new dwellings of 110 litres/person/day.
9.32
CSDPD Policy CS12, which requires under paragraph 147, that
development proposals for fewer than five net additional dwellings
to provide at least 10% of their energy requirements from on-site
renewable energy generation. As highlighted in the Council's
Sustainable Resource Management Supplementary Planning Document
(http://www.bracknell-forest.gov.uk/srm), an energy demand
assessment should also be submitted.
9.33
A condition is recommended requiring policy compliance to be
demonstrated prior to commencement of development.
vii.
Thames Basin Heath SPA
9.34
The Council, in consultation with Natural England, has formed the
view that any net increase in residential development between 400m
and 5km straight-line distance from the Thames Basin Heath Special
Protection Area (SPA) is likely to have a significant effect on the
integrity of the SPA, either alone or in-combination with other
plans or projects. An Appropriate Assessment has been carried out
including mitigation requirements.
9.35
This site is located within the 400m – 5km Thames Basin
Heaths Special Protection Area (TBH SPA) buffer zone and therefore
is likely to result in an adverse effect on the SPA, unless it is
carried out together with appropriate avoidance and mitigation
measures.
9.36
On commencement of the development, a contribution (calculated on a
per-bedroom basis) is to be paid to the Council towards the cost of
measures to avoid and mitigate against the effect upon the TBH SPA,
as set out in the Councl's Thames Basin Heaths Special Protection
Area Supplementary Planning Document (SPD) (April 2018)
9.37
The strategy is for relevant developments to make financial
contributions towards the provision of Suitable Alternative Natural
Greenspaces (SANGs) in perpetuity as an alternative recreational
location to the TBH SPA and financial contributions towards
Strategic Access Management and Monitoring (SAMM) measures. The
Council will also make a contribution towards SANG enhancement
works through Community Infrastructure Levy (CIL) payments whether
or not this development is liable to CIL.
9.38
In this instance, the development would result in a net increase of
two x 3-bedroom dwellings within the 400m – 5km TBH SPA
buffer zone which results in a total SANG contribution of
£12,224.
9.39
The development is required to make a contribution towards
Strategic Access Management and Monitoring (SAMM) of £1,798
which is also calculated on a per bedroom basis.
9.40
The total SPA related financial contribution for this proposal is
£14,022. The applicant must agree to enter into a S106
agreement to secure this contribution and a restriction on the
occupation of each dwelling until the Council has confirmed that
open space enhancement works to a SANG is completed. Subject to the
completion of the S106 agreement, the proposal would not lead to an
adverse effect on the integrity of the SPA and would comply with
South East Plan saved Policy NRM6, saved policy EN3 of the
Bracknell Forest Borough Local Plan (2002), Policy CS14 of the Core
Strategy Development Plan Document (2008), the Thames Basin Heaths
Special Protection Area Supplementary Planning Document and the
National Planning Policy Framework.
viii.
Other Matters
9.41
The proposed development is located within the buffer zone of a
former landfill site and is therefore at potential risk of
migrating landfill gas / leachate. It is therefore recommended that
contaminated land conditions are imposed to assess the risk, to
determine remedial measures if required and to verify any
remediation upon completion.
ix.
Community Infrastructure Levy (CIL)
9.42
Bracknell Forest Council introduced charging for its Community
Infrastructure Levy (CIL) on 6th April 2015. CIL is applied
as a charge on each square metre of new development. The amount
payable varies depending on the location of the development within
the borough and the type of development.
9.43
CIL applies to any new build (except outline applications and some
reserved matters applications that leave some reserved matters
still to be submitted) the creation of additional dwellings.
9.44
In this case, the proposal would be CIL liable as it comprises the
creation of new dwellings.
10.
CONCLUSIONS
10.1 It is considered that the development is acceptable in
principle and does not result in an adverse impact on the character
and appearance of the surrounding area, highway safety, trees,
biodiversity or the residential amenities of the occupiers of the
neighbouring properties. It is therefore considered that the
development complies with 'Saved' policies of the BFBLP, Policies
of the CSDPD, BFBC SPDs and the NPPF.
11.
RECOMMENDATION
11.1
Following the completion of planning obligation(s) under Section
106 of the Town and Country Planning Act 1990 relating to the
following measures:
-
Avoidance and mitigation of the impact of residential development
upon the Thames Basin Heaths Special Protection Area (SPA);
That the Assistant
Director: Planning be recommended to APPROVE application
20/00716/FUL 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:
Site Plan – Received
02.09.2020
Proposed Plans and
Elevations (Rev E) – Received 19.07.2021
REASON: To ensure that the
development is carried out only as approved by the Local Planning
Authority.
03. No
works to the development hereby permitted shall take place until
details of the materials to be used in the construction of the
external surfaces have been submitted to and approved in writing by
the Local Planning Authority. The works shall be carried out
in accordance with the approved details.
REASON: In the interests of
the visual amenities of the area.
[Relevant Policies: BFBLP
EN20, Core Strategy DPD CS7]
04.
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 additional windows, similar openings or enlargement thereof
shall be constructed at first floor level or above in the
development hereby permitted except for any which may be shown on
the approved drawing(s), unless they are glazed with a minimum of
Pilkington Level 3 obscure glass (or equivalent) or the parts of
the window, opening or enlargement which are clear glazed are more
than 1.7 metres above the floor of the room in which it is
installed.
REASON: To prevent the
overlooking of neighbouring properties.
[Relevant Policies: BFBLP
EN20]
05. No
dwelling shall be occupied until the means of vehicular access has
been widened to 6.4m and provided with a dropped-kerb footway
crossover onto Yorktown Road in accordance with the approved plans
and with details of access construction which have been submitted
to and approved by the Local Planning Authority.
REASON: In the interests of
highway safety.
[Relevant Policies: Core
Strategy DPD CS23]
06. No
dwelling shall be occupied until that part of the access road which
provides access to it and its parking has been constructed in a
bound or bonded surface in accordance with the approved plans.
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 with two car parking spaces per dwelling (six car
parking spaces in total) 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. The
development shall not be occupied until 3 secure and covered cycle
parking spaces have been provided in each of the locations
annotated 'Store' on the approved plans within the development. The
cycle parking spaces and facilities shall thereafter be
retained.
REASON: In the interests of
accessibility of the development to cyclists.
[Relevant Policies: BFBLP
M9, Core Strategy DPD CS23]
09. The
development shall not be occupied until the 'bin collection area'
has been provided in the location shown on the approved plans
within the development. The bin collection area shall be thereafter
retained.
REASON: To ensure that
refuse from the development can be collected.
[Relevant Policies: NPPF
(July 2021) paragraph 112 d)]
10. Neither
of the new dwellings to the rear (north) of the site shall be
occupied until a fire-suppression water mist system has been
installed in both dwellings and has been confirmed to be
operational and working correctly by a fire safety professional to
be submitted and approved in writing by the Local Planning
Authority. The fire-suppression water mist system shall thereafter
be retained and maintained in good working order.
REASON: To ensure fire
suppression, as the narrow width of the access to the new dwellings
could delay a fire service response.
[Relevant Policies: NPPF
(July 2021) paragraph 112 d)]
11. No
gates shall be provided at the vehicular access to the site.
REASON: In the interests of
highway safety.
[Relevant Policies: Core
Strategy DPD CS23]
12. No
development (including demolition and site clearance) shall take
place until a scheme has been submitted to and approved in writing
by the Local Planning Authority, to accommodate:
(a) Parking
of vehicles of site personnel, operatives and visitors
(b) Loading
and unloading of plant and vehicles
(c)
Storage of plant and materials used in constructing the
development
(d) Wheel
cleaning facilities
(e)
Temporary portacabins and welfare for site operatives
(f) Swept path
plans demonstrating that the largest anticipated construction
vehicle can arrive in a forward gear, turn around on site and
depart in a forward gear onto the adopted highway
And each facility listed
(a) to (f) above shall be retained throughout the course of
construction of the development, free from any impediment to its
designated use. No other areas on the site, other than those
in the approved scheme shall be used for the purposes listed (a) to
(f) above.
REASON: In the interests of
amenity and road safety.
[Relevant Policies: BFBLP
EN20, Core Strategy DPD CS23]
13. The
development shall not be begun until a scheme depicting hard and
soft landscaping has been submitted to and approved in writing by
the Local Planning Authority. The scheme shall include a 3 year
post planting maintenance schedule. All planting comprised in the
soft landscaping works shall be carried out and completed in full
accordance with the approved scheme, in the nearest planting season
(1st October to 31st March inclusive) to the completion of the
development or prior to the parking spaces being brought into use,
whichever is sooner. All hard landscaping works shall be carried
out and completed prior to the parking spaces being brought into
use. 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
good landscape design and the visual amenity of the area.
[Core Strategy DPD CS7,
BFBLP 'Saved' Policies EN2 and EN20]
14. The
development hereby permitted shall not be begun until details of a
scheme of walls, fences and any other means of enclosure has been
submitted to and approved in writing by the Local Planning
Authority. The approved scheme shall be implemented in full
before the occupation of any of the dwellings approved in this
permission.
REASON: - In the interests
of the visual amenities of the area.
[Relevant Plans and
Policies: BFBLP EN20, Core Strategy DPD CS7]
15. The
development shall not be begun 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.
The approved scheme shall
be performed, observed and complied with.
REASON: In the interests of
nature conservation
16. No
dwelling shall be occupied until a Sustainability Statement
covering water efficiency aimed at achieving an average water use
in new dwellings of 110 litres/person/day, has been submitted to,
and approved 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
construction works shall take place until an Energy Demand
Assessment demonstrating that at least 10% of the development's
energy will be provided from on-site renewable energy production,
has been submitted to and approved in writing by the Local Planning
Authority. The dwelling as constructed shall be carried out in
accordance with the approved assessment and retained as such
thereafter.
REASON: In the interests of
sustainability and the efficient use of resources.
[Relevant Policy: Core
Strategy DPD CS12]
18. No
construction works shall take place until details showing the
finished floor levels of the dwelling hereby approved in relation
to a fixed datum point have been submitted to and approved in
writing by the Local Planning Authority and the development shall
be carried out in accordance with the approved details.
REASON: In the interests of
the character of the area.
[Relevant Policies: BFBLP
EN20, Core Strategy DPD CS7]
19. The
development shall incorporate surface water drainage that is SuDS
compliant and in accordance with DEFRA "Sustainable Drainage
Systems - Non-statutory technical standards for sustainable
drainage systems" (March 2015). The surface water drainage
works shall be completed before occupation of the dwellings hereby
permitted and shall be operated and maintained as such
thereafter.
REASON: To prevent
increased risk of flooding, to improve and protect water quality
and ensure future maintenance of the surface water drainage
scheme.
[Relevant Policies: CSDPD
CS1, BFBLP EN25]
20. No
development other than that required to be carried out as part of
an approved scheme of remediation shall commence until conditions A
to C (below) have been complied with. If unexpected contamination
is found after development has begun, development must be halted on
that part of the site affected by the unexpected contamination to
the extent specified by the Local Planning Authority in writing
until condition C has been complied with in relation to that
contamination.
A. Site Characterisation
An investigation and risk
assessment, in addition to any assessment provided with the
planning application, must be completed in accordance with a scheme
to assess the nature and extent of any contamination on the site,
whether or not it originates on the site. The contents of the
scheme are subject to the approval in writing of the Local Planning
Authority. The investigation and risk assessment must be undertaken
by competent persons and a written report of the findings must be
produced. The written report is subject to the approval in writing
of the Local Planning Authority. The report of the findings must
include:
(i) a survey of the extent,
scale and nature of contamination;
(ii) an assessment of the potential
risks to:
• human
health,
• property
(existing or proposed) including buildings, crops, livestock, pets,
woodland and service lines and pipes,
• adjoining
land,
• groundwaters
and surface waters,
• ecological
systems,
•
archaeological sites and ancient monuments;
(iii) an appraisal of
remedial options, and proposal of the preferred option(s).
This must be conducted in
accordance with DEFRA and the Environment Agency’s
‘Model Procedures for the Management of Land Contamination,
CLR 11’.
B. Submission of Remediation
Scheme
A detailed remediation
scheme to bring the site to a condition suitable for the intended
use by removing unacceptable risks to human health, buildings and
other property and the natural and historical environment must be
prepared, and is subject to the approval in writing of the Local
Planning Authority. The scheme must include all works to be
undertaken, proposed remediation objectives and remediation
criteria, timetable of works and site management procedures. The
scheme must ensure that the site will not qualify as contaminated
land under Part 2A of the Environmental Protection Act 1990 in
relation to the intended use of the land after remediation.
C. Implementation of Approved
Remediation Scheme
The approved remediation
scheme must be carried out in accordance with its terms prior to
the commencement of development other than that required to carry
out remediation. The Local Planning Authority must be given two
weeks written notification of commencement of the remediation
scheme works.
Following completion of
measures identified in the approved remediation scheme, a
verification report that demonstrates the effectiveness of the
remediation carried out must be produced and is subject to the
approval in writing of the Local Planning Authority.
D. Reporting of Unexpected
Contamination
In the event that
contamination is found at any time when carrying out the approved
development that was not previously identified it must be reported
in writing immediately to the Local Planning Authority. An
investigation and risk assessment must be undertaken in accordance
with the requirements of condition A, and where remediation is
necessary a remediation scheme must be prepared in accordance with
the requirements of condition B, which is subject to the approval
in writing of the Local Planning Authority.
Following completion of
measures identified in the approved remediation scheme a
verification report must be prepared, which is subject to the
approval in writing of the Local Planning Authority in accordance
with condition C.
E. Long Term Monitoring and
Maintenance
A monitoring and
maintenance scheme to include monitoring the long-term
effectiveness of the proposed remediation over a period to be
agreed with LPA, and the provision of reports on the same must be
prepared, both of which are subject to the approval in writing of
the Local Planning Authority.
Following completion of the
measures identified in that scheme and when the remediation
objectives have been achieved, reports that demonstrate the
effectiveness of the monitoring and maintenance carried out must be
produced, and submitted to the Local Planning Authority.
This must be conducted in
accordance with DEFRA and the Environment Agency’s
‘Model Procedures for the Management of Land Contamination,
CLR 11’.
REASON: To ensure that
risks from land contamination to the future users of the land and
neighbouring land are minimised, together with those to controlled
waters, property and ecological systems, and to ensure that the
development can be carried out safely without unacceptable risks to
workers, neighbours and other offsite receptors.
Informative(s):
01. The
Local Planning Authority has acted positively and proactively in
determining this application by assessing the proposal against all
material considerations, including planning policies and any
representations that may have been received and subsequently
determining to grant planning permission in accordance with the
presumption in favour of sustainable development, as set out within
the National Planning Policy Framework.
02.
Although they must be complied with, no details are required to be
submitted in relation to the following conditions:
(1)
Commencement of development
(2)
Approved plans
(4) Future windows
(5) Widened access
(6) Construction of access
(7) Parking
(8) Cycle storage
(9) Bin collection
(11) No gates
(19) SuDS
The applicant is advised that the following conditions require
discharging prior to the commencement/occupation of
development:
(3)
Materials
(10) Fire-suppression water mist system
(12) Construction scheme
(13) Landscaping scheme
(14) Boundary treatments
(15) Biodiversity enhancements
(16) Sustainability Statement
(17) Energy Demand Assessment
(18) Finished floor levels
(20) Contamination assessment
03. The
applicant should note that this permission does not convey any
authorisation to enter onto land or to carry out works on land not
within the applicant’s ownership.
04. This is
a planning permission. Before beginning any development you may
also need separate permission(s) under Building Regulations or
other legislation. It is your responsibility to check that there
are no covenants or other restrictions that apply to your
property.
05. An
application will need to be made to the Highway Authority to form
the widened dropped-kerb crossover access onto Yorktown Road across
the adopted highway verge, following the process set out at:
https://www.bracknell-forest.gov.uk/roads-parking-and-transport/parking/dropped-kerbs-vehicle-access/
The Highway Authority can
be contacted at Time Square, Market Street, Bracknell, RG12 1JD,
telephone 01344 352000 or via email at
Highways.Transport@bracknell-forest.gov.uk , to agree the access
construction details and to grant a licence before any work is
carried out within the highway. A formal application should
be made allowing at least 12 weeks prior to when works are required
to allow for processing of the application, agreement of the
details and securing the appropriate agreements and licences to
undertake the work. Any work carried out on the public
highway without proper consent from the Highway Authority could be
subject to prosecution and fines related to the extent of work
carried out.
