1.
SUMMARY
1.1 Full planning
permission is sought for the change of use of an existing church
(F1 use) to a one-bedroom dwelling (C3 use).
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 (which is a
Conservation Area), residential amenity or highway safety. The loss
of a community asset has been satisfactorily justified.
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RECOMMENDATION
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Planning
permission be granted subject to 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 is
being considered by the Advisory Planning Committee at the requests
of Councillors Virgo and Ms Gaw as the proposal does not adhere to
parking standards in an already congested area.
3.
PLANNING STATUS AND SITE DESCRIPTION
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PLANNING STATUS
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Within Defined
Settlement
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Winkfield Row
Conservation Area
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Northern
Villages Study Area within Character Area Assessments SPD
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More than 5km
from Thames Basin Heath SPA
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3.1 The Methodist Church
is a detached building that is accessed from Winkfield Row. The
application site does not benefit from any off-street parking.
4.
RELEVANT PLANNING HISTORY
4.1
The relevant planning history is summarised as follows:
20/00297/FUL
Change of use
from chapel (D1) to storage (B8).
Refused 2020
5. THE
PROPOSAL
5.1
The proposal is for the conversion of an existing vacant church
into a one-bedroom dwelling. A courtyard to the rear would provide
outdoor amenity space, and bicycle storage. Bin storage would be
located to the front of the property, with landscaping proposed
along the frontage.
The following physical
amendments are proposed to the building:
-
Removal of roof on single storey rear projection to provide walled
patio
-
Installation of 2no. first floor rear windows
-
Installation of first floor side (south) facing rooflight
6.
REPRESENTATIONS RECEIVED
Winkfield
Parish Council
6.1 Objection on the
following grounds:
(i)
Insufficient parking provision
Other
Representations
6.2 Four letters of
objection have been received raising the following concerns:
(i)
Lack of parking
(ii)
Overlooking concerns
(iii)
Bin storage out of keeping with character of conservation area
(iv)
Ownership concerns
[Officer
Comment: Concerns regarding ownership and other legal issues
(including rights of way) are not material planning
considerations.]
6.3 One letter of representation was made which supported the reuse
of a vacant building and that a dwelling would have less demand for
parking and generate less noise than a community space but they did
raise concerns regarding the size of the outdoor areas.
[Officer Comment: Since this comment was submitted the scheme was
reduced from two bedrooms to one bedroom.]
7.
SUMMARY OF CONSULTATION RESPONSES
Highway
Authority
7.1 The Highway Authority
does not support the application as the parking standards cannot be
met, but they have not made a recommendation that the application
be refused.
Heritage
Officer
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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Loss of community asset
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Saved policy SC3 of BFBLP
Draft policy LP32 in the Pre-Submission
Bracknell Forest Local Plan (BFBLP) (2021)
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Consistent
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Design and Character (including
Heritage)
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CS7 of CSDPD, Saved policy EN20 of
BFBLP
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Consistent
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Residential Amenity
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Saved policies EN1, EN2, EN20 and EN25 of
BFBLP
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Consistent
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Highways
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CS23 of CSDPD, Saved policy M9 of BFBLP
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Consistent
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Supplementary
Planning Documents (SPDs)
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Design (2017)
Parking Standards (2016)
Streetscene (2010)
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Other
publications
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National Planning Policy Framework 2021
(NPPF)
Planning (Listed Buildings and Conservation
Areas) Act 1990
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)
Loss of community asset
(iii)
Impact on the character and appearance of the area
(iv)
Impact on residential amenity
(v)
Highway safety consideration
(vi)
Impact on biodiversity
(vii)
Sustainability
(viii)
Thames Basin Heath SPA
(ix)
Community Infrastructure Levy (CIL)
i.
Principle of Development
9.2 Section 38(6) of the Planning and Compulsory Purchase Act 2004
requires that applications for planning permission must be
determined in accordance with the development plan, unless material
considerations indicate otherwise, which is supported by the NPPF
(paras. 2 and 12). Policy CS2 of the CSDPD states that development
will be permitted within defined settlements, provided that the
development is consistent with the character, accessibility and
provision of infrastructure and services within that settlement.
The above policy is considered to be consistent with the NPPF, and
as a consequence is considered to carry significant weight.
9.3 The site is located in a residential area that is within a
defined settlement on the Bracknell Forest Borough Policies Map
(2013). As a result, the proposed change of use is considered
acceptable in principle, subject to no adverse impact on the
amenity of the neighbouring occupiers, highway safety and upon the
character and appearance of the area, etc.
ii.
Loss of a Community Asset
9.4 The proposal would result in the loss of the existing community
use (within Class F1 in the Use Classes Order) of the church. There
are planning policies at both local and national level which seek
to protect community facilities and services. The retention of a
building in F1 use provides the opportunity for local community
members to gather, whether or not the building is retained as a
church or used in a different capacity for community facilities and
services.
9.5 Section 8 of the NPPF refers to promoting healthy and safe
communities. Para 93 states:
To
provide the social, recreational and cultural facilities and
services the community needs, planning policies and decisions
should…
a)
plan positively for the provision and use of shared spaces,
community facilities (such as […] places of worship);
c)
guard against the unnecessary loss of valued facilities and
services, particularly where this would reduce the community's
ability to meet its day-to-day needs;
d)
ensure that established shops, facilities and services are able to
develop and modernise, and are retained for the benefit of the
community;
9.6 'Saved' Policy SC3 of the BFBLP states that development will
not be acceptable which results in the reduction of existing
community facilities. The commentary associated with this policy
includes places of worship as forming part of the social
infrastructure of a community.
9.7 Emerging policy in the Pre-Submission Bracknell Forest Local
Plan (BFBLP) (2021) includes draft Policy LP32 Protection of
community facilities and service. The supporting text states that
community facilities include places of worship.
9.8 Draft Policy LP32 of the BFBLP is at pre-submission Regulation
19 stage and has yet to go through formal examination, it therefore
carries limited weight in decision making. However, this policy
provides an indication of the evidence necessary to justify the
loss of a community facility.
9.9 The application has provided the following justification for
the change of use:
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Sufficient church provision already exists in the locality, as
evidenced by the church not being used since April 2018 and a
number of alternative Methodist churches being available in the
wider area;
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Marketing information has been provided showing that the building
has been on the re-sale market since January 2020 with no offers
for F1 use
9.10 The marketing information has been reviewed by the
Council’s Assistant Director: Property Services. It is their
conclusion that the marketing process was reasonable and suggested
that a community use may not be practical in this location given
the lack of parking.
9.11 It is therefore considered that sufficient evidence has
been provided to satisfy the requirements of Draft Policy LP32 of
the BFBLP pre-submission plan. As such, the loss of the community
facility would be acceptable subject to no adverse impact on the
amenity of the neighbouring occupiers, highway safety and upon the
character and appearance of the area.
iii.
Impact on Character and Appearance of Surrounding Area
9.12 ‘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.
9.13 Section 69 of the Planning (Listed Buildings and Conservation
Areas) Act 1990 imposes a duty on local planning authorities to
designate as Conservation Areas any 'areas of special architectural
or historic interest the character or appearance of which it is
desirable to preserve or enhance'. Recent case law has established
that under section 70(3) the general power to grant planning
permission under section 70(1) is expressly subject to section 72
of the Planning (Listed Buildings and Conservation Areas) Act
1990. Section 72(1) provides that a local planning authority
has a statutory duty that: ‘with respect of any building or
other land in a conservation area......special attention shall be
paid to the desirability of preserving or enhancing the character
or appearance of that area.’ Paragraph 203 of the NPPF
states: ‘The effect of an application on the significance of
a non-designated heritage asset should be taken into account in
determining the application. In weighing applications that directly
or indirectly affect non-designated heritage assets, a balanced
judgement will be required having regard to the scale of any harm
or loss and the significance of the heritage asset.’
9.14 The Methodist Chapel within Winkfield Row Conservation Area
contributes to the overall character and appearance of the area and
is considered to be a building of townscape merit within the area
and a non-designated heritage asset within the terms of the NPPF
paragraph 203.
9.15 The unlisted chapel is currently unused and therefore requires
a new function. It is a historic building of townscape merit within
the Conservation Area. It is located in a residential area and
therefore its re-use as a residential building would seem the most
appropriate use compatible with the form and location of the
building.
9.16 The proposed changes externally to the building are minimal
being confined primarily to the rear. Therefore, the impact of the
proposals on the appearance of the Chapel and the character and
appearance of the Conservation Area would be minimal. There would
be some loss of historic fabric to the rear of the Chapel from
insertion of new doors and windows. However, the re-use of the
building in a function compatible with its long-term conservation
would help to preserve the building and avoid any issues from
deterioration of the structure.
9.17 Due to the constraints of the site, the bins would need to be
stored to the front of the property. It is not uncommon to find
bins stored to the front of properties within the streetscene, and
historic photographs of the church show bins to the front.
9.18 The application includes proposed landscaping to the front,
including hedging between the proposed bin storage area and the
highway. It is considered that a suitable landscaping scheme would
reduce the visibility of the bin storage and improve the appearance
of the frontage of the property. This scheme would be required by
pre-commencement condition.
9.19 As such, subject to a suitable soft landscaping scheme the
proposed access is not considered to have a significant adverse
impact on the character of the area and would be in accordance with
‘Saved’ policy EN20 of the BFBLP, Policy CS7 of CSDPD,
Design SPD and the NPPF.
iv.
Residential Amenity
9.20 ‘Saved’ policy EN20 of the BFBLP states that
development will not adversely affect the amenity of surrounding
properties and adjoining area. Paragraph 130 of the NPPF states
that the Local Planning Authority should ensure high quality
amenity for all existing and future occupants of land and
buildings.
9.21 The proposal would result in the provision of a dwelling
rather than an existing church. The provision of one additional
dwelling is not considered to have a significant impact on
residential amenity given the existing residential nature of the
surrounding area.
9.22 The rear elevation of the application site faces onto the
driveway of ‘The Bungalow’ and the rear garden of 1
Winkfield Row. The rear windows would be sited approximately 3
metres from the rear garden of 1 Winkfield Row, and therefore it is
considered that any upper storey rear windows would result in
unacceptable levels of overlooking. Therefore, the first floor rear
windows should be restricted by condition to be obscure-glazed and
top-opening.
9.23 In addition, due to the angle of the application site in
relation to the garden of 1 Winkfield Row, it is considered that
the upper storey side windows should also be restricted to avoid
adverse overlooking.
9.24 The proposed development would not increase the built form of
the building, and as such it is not considered to appear unduly
overbearing or result in unacceptable levels of overshadowing.
9.25 A walled patio is proposed to the rear to provide outside
amenity space for the future occupants. This patio has an area of
approximately 9.8 square metres and is located to the north-east of
the proposed dwelling. The Design SPD recommends that all gardens
should be able to accommodate activities such as playing, drying
clothes, cycle and waste storage. Furthermore, all gardens should
receive direct sunlight for at least part of the day at all times
of the year.
9.26 It is acknowledged that the outside space is very small, and
due to its position is likely to only receive direct sunlight in
the morning. However, it is considered that sufficient outdoor
space has been provided for a one bedroom dwelling that it would be
unreasonable to refuse the application on this ground alone.
9.27 As such, the proposal would not be considered to affect the
residential amenities of residents of neighbouring properties or
future occupiers of the property and would be in accordance with
‘Saved’ policies EN20 & EN25 of the BFBLP, the
Design SPD and the NPPF.
v.
Transport and Highways Considerations
9.28 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.
9.29 The Parking Standards SPD recommends that a 1 bedroom
property requires 1 off-street parking space. No off-street parking
has been provided with the proposed development.
9.30 The application has provided TRICS data which shows that a
church is likely on average to have demand for 1 car parking space
each weekday, with up to 3 cars at the weekend. The weekday demand
would be comparable to the parking requirements for the proposed 1
bedroom dwelling. Furthermore, the building could be used for any
community use without the requirement for planning permission,
which could result in greater demand for parking than a 1 bedroom
dwelling. The following uses all fall under the F1 use class:
(a) For the
provision of education (e.g. schools)
(b) Art
gallery
(c)
Museum
(d)
Library
(e) Public
hall
(f) Law
court
9.31 The Parking Standards would require 3 parking spaces for a
library (1 space per 30 sq.m.), and at least 2 parking spaces for a
school (1 space per member of staff, 1 space per 15/30 pupils).
Both these uses have a greater parking demand than the proposed
one-bedroom dwelling. [The remaining uses listed have no specific
parking standards, and are considered on a case-by-case basis.]
9.32 Furthermore, the building is currently vacant, and it would be
desirable to bring the building back into use, to avoid it falling
into disrepair to the detriment of the character of the area (which
is a Conservation Area). Any re-use of the building is likely to
create parking demand, and the provision of a 1-bedroom dwelling is
likely to create less parking demand than many other uses.
9.33 Given the fall-back position of what use could be carried out
on the site without the need for planning permission, and the
desirability of bringing the (currently vacant) building back into
use, and the provision of an additional dwelling to the
Borough’s housing supply, it would not be considered
reasonable to refuse the application on the basis of a shortfall of
one parking space against the standard set out in the
Council’s SPD.
9.34 In order to ensure that the dwelling is restricted to one
bedroom only, it is recommended the number of bedrooms is
restricted by condition.
9.35 Subject to the above condition, it is considered that the
proposed use would not have a significant adverse impact on highway
safety over and above the parking demand for the existing use or
any other use falling within the same F1 use class.
vi.
Sustainability Considerations
9.36 The CSDPD policies CS10 and CS12 require a sustainability
statement and energy demand assessment where new buildings are
proposed. The proposal would result in the conversion of an
existing building, and therefore neither a sustainability statement
nor an energy demand assessment are required.
vii.
Thames Basin Heath SPA
9.37 The proposed development is located more than 5km from the
Thames Basin Heaths SPA. As such, it is not considered that the
provision of an additional dwelling would adversely affect the SPA,
and therefore mitigation is not required.
viii.
Community Infrastructure Levy (CIL)
9.38 Following the introduction on the 6th April 2015 of the
Community Infrastructure Levy (CIL), all applications for planning
permission will be assessed as to whether they are liable. As this
development would not result in a net increase in floor space it is
not CIL liable.
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 (which is a Conservation
Area), highway safety or the residential amenities of the occupiers
of the neighbouring properties or future occupiers of the property.
The loss of the community asset has been satisfactorily justified.
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
That the Assistant Director: Planning be recommended to
APPROVE application 21/00340/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:
Location Plan (01) –
Received 24.04.21
Proposed Elevations and
Sections (03) – Received 24.04.21
Proposed Floor Plans (04
Rev B) – Received 24.08.21
Proposed Elevations and
Sections (05) – Received 24.04.21
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) Plan and elevation
drawings, with materials annotated, of all new windows at a minimum
scale of 1:10;
b) Plan and elevation
drawings, with materials annotated, of all new doors at a minimum
scale of 1:10;
c) Manufacturers details of
the type of rooflights. Rooflights are to be conservation
type, fitted flush with or below the roof covering.
The works shall be
implemented as approved.
REASON: To safeguard the
special architectural and historic interest of the building in
accordance with the requirements of policy.
04. All new
works, and works of making good to the retained fabric, whether
internal or external shall be finished to match existing, original
or adjacent work with regard to the methods used and to materials,
colours, textures and profiles.
REASON: To safeguard the
special architectural and historic interest of the building in
accordance with the requirements of policy.
05.
Notwithstanding what is shown on the approved plans: the first
floor rear windows on the development hereby permitted shall not be
glazed at any time other than with a minimum of Pilkington Level 3
obscure glass (or equivalent) unless the parts of the window which
are clear glazed are more than 1.7 metres above the floor of the
room in which the window is installed. They shall at all
times be non-opening unless the parts of the window which can be
opened are more than 1.7 metres above the floor of the room in
which the window is installed.
REASON: To prevent the
overlooking of neighbouring properties.
[Relevant Policies: BFBLP
EN20]
06. No part
of the first floor side facing rooflight of the development hereby
permitted shall be positioned lower than 1.7 metres above the
finished floor of the room in which the rooflight is installed.
REASON: To prevent the
overlooking of neighbouring properties.
[Relevant Policies: BFBLP
EN20]
07.
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 on the side or
rear elevations of 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]
08. At no
time shall the accommodation provided in the dwelling hereby
approved be altered so that the dwelling shall comprise more than 1
bedroom.
REASON: To prevent an
over-development of the site and to avoid additional parking
pressures.
[Relevant Policies: BFBLP
M9]
09. 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 hard landscaping works and
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. 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]
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
(2) Approved plans
(4) Make good
(5) Rear windows
(6) Rooflight
(7) Future windows
(8) One bedroom only
The applicant is advised that the following conditions require
discharging at specific stages:
(3) Materials – to be discharged before the relevant part of
the works referred in the condition begin
(9) Landscaping – to be discharged prior to the commencement
of development
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.
