1.
SUMMARY
1.1 Prior
Approval is sought for the change of use of Atrium Court, a 7
storey office building with basement parking located within The
Ring, from offices (Class B1 (a)) to 150no. flats (Class C3).
1.2 The
proposal complies with the criteria set out in Paragraph O.1 of
Class O, Part 3 Schedule 2 of the Town and Country Planning
(General Permitted Development) (England) Order 2015 (as amended).
Prior approval can therefore be granted subject to appropriate
conditions relating to noise and highway impact.
1.3 For the
purposes of the Town and Country Planning (Use Classes) (Amendment)
(England) Regulation 2020 which came into force on 1st
September 2020 Atrium Court would now fall within Class E. However,
section 3(3) of these regulations applies to applications made
prior to 31st July 2021 and specifies that, in relation
to applications subject to prior approval under Schedule 2 of the
GPDO, reference to uses or use classes should be made to the
Schedule to the Use Classes Order on 31st August 2020.
This application was submitted on 30th July 2021 and as
such, the building will be referred to as being in Class B1(a)
use.
2.
PLANNING STATUS AND SITE DESCRIPTION
|
PLANNING
STATUS
|
|
Within settlement boundary
|
|
Within 5km of the SPA
|
|
Bracknell Town Centre
|
|
Protected Notable Species Area
|
2.1 Atrium Court is a
7 storey office building located within The Ring, Bracknell. It was
originally constructed in the
1980s and benefitted from some external improvements in 2016.
Although recently vacant, its
lawful use is for Class B1(a) office purposes.
2.2 The site lies
within the defined settlement and Bracknell Town Centre. It also
lies within the SPA 5km
buffer zone.
3.
REASON FOR BEING PRESENTED TO COMMITTEE
3.1 The application
has been submitted under the prior approval procedure and therefore
requires determination within 56
days.
4. RELEVANT SITE HISTORY
4.1 The relevant site
history can be summarised as follows:
611276 - Erection of new 7 storey office building with 3 levels of
below ground parking. Approved.
16/00063/FUL Proposed external works including provision of a new
entrance to the building,
alterations to the façade and the forecourt including new
steps and configuration of parking.
Approved.
16/01166/FUL Proposed external works including provision of a new
entrance to the building,
improvements to the forecourt and alterations to the facade.
(Amendment to 16/00063/FUL).
Approved.
19/00519/CLPUD - Application for a Certificate of Lawful
Development for the use of suite
235C (B1
use) for the administrative function of an 'app based' private hire
vehicle operator. Withdrawn.
5.
THE PROPOSAL
5.1 Prior approval is
sought for the change of use of the existing building from Class
B1(a) (office) to Class C3 (dwellinghouse) in
accordance with Class O of Part 3 Schedule 2 of the
Town and Country Planning (General Permitted Development) (England)
Order 2015 (as amended).
Pursuant to paragraph W of the same legislation, the applicant is
applying for prior
approval for this change of use.
5.2 The
existing building comprises 3 basement levels accommodating parking
and then ground plus 6 floors of
office accommodation. The submitted plans, indicate the
conversion of the office space to provide a total of 150 no. 1
bedroom flats and studio
apartments in accordance with the following accommodation
schedule:
|
Level
|
Studio Flats
|
1 Bed Flats
|
Total
|
|
Ground
|
14
|
13
|
27
|
|
1st
|
22
|
7
|
29
|
|
2nd
|
18
|
9
|
27
|
|
3rd
|
18
|
10
|
28
|
|
4th
|
10
|
3
|
13
|
|
5th
|
10
|
3
|
13
|
|
6th
|
10
|
3
|
13
|
|
|
|
|
150
|
5.3 Parking for at
least 135 vehicles would be provided on the 3 existing basement
levels including 11 spaces which would
provide electric charging, and 15 which would be
accessible to disabled users.
163 bicycle storage spaces would be provided together with a
refuse store.
5.4 No external
changes to the building are proposed.
6.
REPRESENTATIONS RECEIVED
Bracknell
Town Council
6.1 No
comments to date.
6.2 No
representations received.
7. SUMMARY OF
CONSULTATION RESPONSES
Highway
Authority
7.1 No
objection subject to the submission of an amended site plan to
exclude an area of adopted highway and
appropriate conditions.
Drainage
Officer
7.2 No comment.
Environmental
Health
7.3
Recommends conditions relating to noise from external sources and
from plant and
machinery.
Thames Water
7.4
No objection with regard to foul water sewerage network
infrastructure capacity. With regard
to surface water drainage, no objection raised if developer follows
the sequential approach to surface water
drainage. Informatives recommended.
Waste
8.1 In assessing this
type of prior approval application, the Council can only assess
whether the proposal is likely
to result in transport and highway implications, contamination
issues, flooding issues, any impacts of noise
from commercial premises on the intended occupiers
of the development and the adequacy
of natural light provided to all habitable rooms.
8.2 If there are no
implications associated with these matters, the development is
considered to be permitted
development.
9.
RELEVANT LEGISLATION
9.1 Class O of Part 3
Schedule 2 of the Town and Country Planning (General Permitted
Development) (England) Order
2015 (as amended) allows development consisting of a
change of use of a building and any land within its curtilage from
a use falling within Class
B1(a)
(offices) to a use falling within Class C3 (dwellinghouses) of that
Schedule.
9.2 Paragraph O.1
states that development is not permitted by Class O if:
(b) The building was not
used for a use falling within Class B1(a) (offices) of the Schedule
to the Use Class Order-
(i) On 29th May 2013, or
(ii) In the case of a building which was in
use before that date but was not in use on that date, when it was
last in use;
(d) The site is, or forms
part of, a safety hazard area;
(e) This site is, or
forms part of, a military explosives storage area;
(f) The building is a
listed building or is within the curtilage of a listed building;
or
(g) The site is, or
contains, a scheduled monument.
9.3 Paragraph O.2(1)
states that development under Class O is permitted subject to the
condition that before
beginning the development, the developer must apply to the local
planning authority for a determination as to whether the
prior approval of the authority will be required as
to-
(a) transport and
highways impacts of the development,
(b) contamination risks
on the site,
(c) flooding risks on the
site,
(d) impacts of noise from
commercial premises on the intended occupiers of the
development, and
(e)
the provision of adequate
natural light in all habitable rooms of the dwellinghouses.
and the provisions of
paragraph W (prior approval) apply in relation to that
application.
9.4 Paragraph O.2(2)
states that development under Class O is permitted subject to the
condition that it must
be completed within a period of 3 years starting with the prior
approval date and that the developer
must apply for a determination of prior approval on or before
31st July 2021. In respect of
the latter point, this application was received on 30th
July 2021.
9.5 Paragraph W sets out the procedure to be
followed where a developer is required to apply
for prior approval
to the Local Planning Authority under any class falling within Part
3, Schedule 2 of the Town and
Country Planning (General Permitted Development) (England)
Order 2015 (as
amended). This paragraph states that the Local Planning Authority
may refuse an application where, in the
opinion of the authority, the proposed development
does not comply
with, or the applicant has provided insufficient information to
enable the authority to
establish whether the proposed development complies with, any
conditions, limitations or
restrictions specified in this Part as being applicable to the
development in question. Paragraph
2A indicates that where the application relates to prior
approval as to adequate natural light, the local
planning authority must refuse prior approval if adequate
natural light is not provided
in all the habitable rooms of the dwellinghouses.
10. ASSESSMENT
10.1
With regard to the criteria set out in paragraph O.1:
(b) The buildings are
currently in use as offices falling within Class B1(a).
(c) The site does not
form part of a safety hazard area.
(d) The site does not
form part of a military explosives storage area.
(e) The building is not
Listed or within the curtilage of a Listed Building.
(f) The site is not, and
does not contain, a scheduled monument.
10.2 With regard to
the conditions listed in paragraph O.2:
(a)
Transport and Highways Impact of the Development
Atrium Court is within the defined Town Centre zone and therefore
the parking standards
within Table 5 of the Parking Standards SPD (March 2016) apply. The
site benefits from an
existing basement car park over multiple levels. Access to the
basement car park from The
Ring is via a one-way
road utilising a section of unadopted (but Council owned) road
which serves the Braccan Walk Car Park and
egressed back to The Ring via an adopted section
of road. There is an area for
deliveries and servicing vehicles between the access
road
and the entrance to the basement car parking.
The southern boundary of the submitted red-line incorporates an
area of adopted highway
and the
red-line boundary needs to be amended to remove adopted highway
areas.
A footway with dropped-kerbs and tactile paving has recently been
completed along the adjacent access road to the west of
Atrium Court and this improves pedestrian connectivity
from
the site to the Town Centre, Bus Station and Railway
Station.
At least 135 car parking spaces are proposed for 150 flats. The
Town Centre car parking
standard is 0.9 spaces per dwelling and therefore the proposal
meets the Parking
Standards SPD (March 2016). The proposal does not specify any
visitor parking, but the site is directly adjacent to the Braccan
Walk multi-storey car park in which some visitors could park
if needed. Electric vehicle charging-enabled spaces are also
proposed, reflecting the
Parking Standards SPD paragraph 3.8.
The Transport Statement states that 150 cycle parking spaces are
proposed, according with Table 5 of the Parking Standards
SPD (March 2016) for 1 secure, covered, cycle parking space
per bedroom. However, an annotation of "163 Bicycle spaces" is
shown on the
submitted plans. On the submitted plans there are circa 10 spaces
shown behind an opened door, these spaces are
likely to be difficult to use in practice and therefore
it
is recommended that they are removed, returning the cycle provision
to closer to 150 spaces (according
with parking standards). The Highway Authority is satisfied that
this can be
dealt-with by condition.
Whilst the Highway Authority does not agree with the trip
generation rate set out by the applicant for the
proposed flats, where the rates in the Council's Transport Model
should have
been used; nonetheless, the proposed development would result in a
considerable net reduction in vehicular
trips both during the peak hours and over the day as a whole
compared with the extant office use.
It is concluded therefore that the development would not give rise
to unacceptable
transport or highway impacts.
(b)
Contamination Risks on the Site
The site is not on land that is known to be contaminated. The
application is accompanied
by a
Phase 1 Environmental Site Assessment. This has been prepared
following
consultation with the Council’s Environmental Health
Department. It concludes:
‘While potentially contaminative historical uses are
recorded on the site, the subsequent
excavation of the building footprint to three floors below ground
level, and anticipated ventilation
of basement areas significantly reduce the potential for residual
contamination (if
present) to pose a risk to future residents in a residential end
use. The presence of landscaped areas represents a
potential for site users (e.g. grounds maintenance staff) to
come into contact with contaminated material (if
present). Standard risk management measures should be
implemented for any works exposing soils at the site’.
The Environmental Health Officer has been consulted in respect of
this application
and has raised no concerns in this respect.
(c)
Flooding Risks on the Site
The Application site is
within Flood Zone 1 according to the Environment Agency’s
maps and is generally at a low risk of flooding. The
Council’s records show an area on the building’s
north-east corner being subject to a 1:100 year risk of surface
water flooding. This is at the point where the access ramp slopes
down to the car park entrance and basement level and in the event
of such flooding occurring, no residents would be put at risk and
adequate means of escape would remain from the building.
A Flood Risk Statement accompanies the application
and concludes :
‘There would be no changes to the external layout of
the building and, therefore, no change to the surface water runoff
regime. The proposals would not result in any
increase in downstream flood risk
and no changes to the surface water drainage
network are
considered necessary or reasonable given the small scale of
external works’.
The Council’s
Drainage Officer has, however, been consulted and has no comments
to make on the application.
(d)
Impacts of Noise from Commercial Premises on the Intended Occupiers
of the Development
The proposed use for residential is more sensitive to noise than
the existing office use. A Noise Assessment has been submitted to
support the application. The assessment undertaken demonstrates
that ‘with appropriate consideration to the condition of the
existing glazing, with both windows open and closed an appropriate
level of protection could be afforded to future noise sensitive
receptors on the Site’. It concludes that noise should not be
a determining factor in granting Prior Approval in this instance.
The Environmental Health Officer has been consulted and recommends
conditions securing appropriate noise mitigation measures for
future occupiers.
(e)
Provision of adequate natural light in all habitable rooms
All the proposed units have
access to natural light by means of the currently, predominantly
glazed frontages, however the studio flats have a linear
arrangement with the living area closest to the external
façade, with a dining area with galley kitchen behind, and
then the bedspace to the rear.
The application is accompanied by a Daylight and
Sunlight Report that refers to the BRE report ‘Site
layout planning for daylight and sunlight: a guide to good
practice’ Second Edition
(2011).This report concludes that the analysis undertaken
demonstrates that all of the proposed habitable
rooms will receive adequate levels of daylight amenity, with all
living/kitchen/dining rooms and studio
flats receiving in excess of 2% ADF (Average Daylight Factor) and
all bedrooms receiving in excess of 1% ADF’.
The findings of this
report are accepted and as such, it is considered that adequate levels of natural light
can be achieved by the proposed development.
11. CONCLUSION
11.1 An assessment has been made of the
proposal and it is considered that prior approval is
required for the change of use of the building from an office use
(B1(a)) to a residential use
(C3).
11.2 The proposal complies with the
criteria set out within Paragraph O.1 of Class O, Part 3,
Schedule 2 of the Town and Country Planning (General Permitted
Development) (England) Order 2015 (as amended).
Subject to conditions ensuring that future occupiers will be
adequately protected from the noise impacts of adjoining uses, and
conditions
recommended by the Highways Authority, prior approval can therefore
be granted.
12. RECOMMENDATION
Subject to the receipt of a
revised site location plan excluding all land within the adopted
highway, the Assistant Director: Planning be recommended to
GRANT Prior Approval subject to the following conditions
amended, added to or deleted as the Assistant Director: Planning
considers necessary:
1.
Development under Class O, Part 3, Schedule 2 of the Town and
Country Planning (General Permitted Development) (England) Order
2015 (as amended), must be completed within a period of 3 years
starting from the prior approval date.
2. This
development must be carried out in accordance with the following
plans received by the Local Planning Authority, received
30.07.2021:
-
Site Plan D1000 00
-
Elevations Proposed D2700 00
-
Ground Floor Plan Proposed D2100 00
-
1st Floor Plan Proposed D2101 00
-
2nd Floor Plan Proposed D2102 00
-
3rd
Floor Plan Proposed D2103 00
-
4th
Floor Plan Proposed D2104 00
-
5th
Floor Plan Proposed D2105 00
-
6th
Floor Plan Proposed D2106 00
-
Level -5 Basement Proposed D2197 00
-
Level -3/ -4
Basement Proposed D2198 00
-
Level -1/ -2
Basement Proposed D2199 00
3. The dwellings hereby
approved shall not be occupied until noise mitigation measures for
protecting the proposed dwellings from noise from the railway,
business, road traffic, car park, church, cricket ground etc. which
have already been established and the daily running of the town
centre have been implemented in full in accordance with a scheme
that has submitted to and approved in writing by the Local Planning
Authority.
The noise mitigation measures shall be retained and maintained
thereafter in accordance
with
the approved scheme.
REASON: To protect future residents of the site from
noise.
4.
The sound rating level
(established in accordance with BS4142:2014) of any plant,
machinery
and equipment installed or operated in connection with this
permission shall not exceed, at any time, the
prevailing background sound level at the nearest residential or
noise sensitive property.
If the plant, machinery or equipment is to be enclosed details of
the enclosure shall be sent
to the local planning
authority for their approval before the development
commences
REASON: To protect future residents of the site from
noise.
5.
No dwelling shall be occupied until the associated vehicle parking
and turning space
for at least 135 cars to park and turn has been surfaced and marked
out in accordance with the
approved plans. The spaces and turning areas 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]
6.
The development shall not be occupied until at least 150 secure and
covered cycle
parking spaces have been provided in the location identified for
cycle parking 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]
7.
No part of the development shall be occupied until a scheme of
lighting, signage and markings for
the access, car parking and turning areas, cycle parking and
pedestrian routes has been submitted to and approved
in writing by the Local Planning Authority.
REASON In the interests of highway safety and personal safety
within the car and cycle parking areas.
[Relevant Policies: BFBLP M9, Core Strategy DPD CS23]
8.
No development shall take place, until a Construction Environmental
Management Plan
(CEMP) has been submitted to and approved in writing by the local
planning authority.
The CEMP shall include as a minimum:
(i) Routing of construction traffic (including directional signage
and appropriate traffic
management measures);
(ii) Details of the parking of vehicles for site operatives and
visitors;
(iii) Areas for loading and unloading of plant and
materials;
(iv) Areas for the storage of plant and materials used in
constructing the development;
(v) Location of any temporary portacabins and welfare buildings for
site operatives;
(vi) Details of any security hoarding;
(vii) Details of any external lighting of the site during
construction;
(viii) Measures to control the emission of dust, dirt, noise and
odour during demolition and
construction;
(ix) Construction and demolition working hours and hours during
which delivery vehicles or
vehicles taking materials away are allowed to enter or leave the
site;
(x) Details of wheel-washing facilities during construction phases;
and
(xi) Areas for the turning of construction and demolition vehicles
such that the largest anticipated
vehicle can turn and leave the site in a forward gear.
The approved Construction Environmental Management Plan shall be
adhered to
throughout the construction period.
REASON: In the interests of highway safety and to mitigate and
control environmental effects during the
demolition and construction phases.
[Relevant Policies: BFBLP EN20, EN25, M9; Core Strategy DPD CS1,
CS7, CS23]
Informative(s):
1.
It is a condition of the consent given by the General Permitted
Development Order that any
development which is likely to have a significant effect upon a
Special Protection Area cannot
proceed unless the Local Planning Authority (the Council) has given
written approval under
the Habitats Regulations 2010. This Prior Approval Notice
does NOT constitute approval under the
Habitats Regulations. The Council and Natural England are of
the view that any residential development
between 400 metres and 5 kilometres of the boundary of the Thames
Basin Heaths Special Protection Area or residential development of
50 or more
dwellings between 5 kilometres and 7 kilometres of such boundary
cannot be approved
under
the Habitats Regulations unless a planning obligation is entered
into under Section 106 of the Town
& Country Planning Act 1990 to ensure that the development has
no adverse
impact upon the Special Protection Area. Your development
falls within one of the two types
of development referred to in the heading above.
2.
Any external alterations proposed would require the submission of a
full planning application.
4. Under
CIL regulation 64 where general consents are granted for
development via the Town and Country
Planning (General Permitted Development) (England) Order 2015, the
developer or landowner should submit a Notice of
Chargeable Development to the Bracknell Forest Council before
commencement. Failure to submit a Notice of Chargeable
Development may result in the
charging authority being unable to establish lawful use of
existing floor space, leading
to the issue of a Notice of Chargeable Development by the
charging authority, a surcharge and full payment of
the CIL liability immediately on
commencement.
5. With
regard to SURFACE WATER drainage, Thames Water would advise that if
the developer follows
the sequential approach to the disposal of surface water we would
have no objection. Management of surface water
from new developments should follow Policy
SI 13 Sustainable
drainage of the London Plan 2021. Where the developer
proposes to
discharge to a public sewer, prior approval from Thames Water
Developer Services will be required.
Should you require further information please refer to the website.
https://eur03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdevelopers.thamesw
ater.co.uk%2FDeveloping-a-large-site%2FApply-and-pay-for-services%2FWastewater-
services&data=04%7C01%7Cdevelopment.control%40bracknell-f
orest.gov.uk%7C45f74ea18e494223f3e308d958b729e2%7Cf54c93b70883478fbf3d56e09
b7ca0b7%7C0%7C0%7C637638366002072456%7CUnknown%7CTWFpbGZsb3d8eyJWIj
oiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&
;sdata=wFQyLQwdecPi59J0x07%2BYKNFevp6L8fi9ML4FXCRwX0%3D&reserved=0.
There are public sewers crossing or close to your development. If
you're planning
significant work near our sewers, it's important that you minimize
the risk of damage.
Thames Water will need to check that your development doesn't limit
repair or maintenance activities, or inhibit the services they
provide in any other way. The applicant
is advised to read Thames
Water’s guide to working near or diverting their pipes.
https://eur03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdevelopers.thamesw
ater.co.uk%2FDeveloping-a-large-site%2FPlanning-your-development%2FWorking-near-
or-diverting-our-pipes&data=04%7C01%7Cdevelopment.control%40bracknell-
forest.gov.uk%7C45f74ea18e494223f3e308d958b729e2%7Cf54c93b70883478fbf3d56e09
b7ca0b7%7C0%7C0%7C637638366002072456%7CUnknown%7CTWFpbGZsb3d8eyJWIj
oiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&
;sdata=GKLfJtw1PwylD%2FTuL4zCPzQEJMh9QvgzkEZC2iaCfWI%3D&reserved=0.
As required by Building regulations part H paragraph 2.36, Thames
Water requests that the
Applicant should incorporate within their proposal, protection to
the property to prevent sewage flooding, by installing
a positive pumped device (or equivalent reflecting
technological advances), on the assumption that
the sewerage network may surcharge to ground level
during storm conditions. If as part of the basement development
there is a
proposal to discharge ground water to the public network, this
would require a
Groundwater
Risk Management Permit from Thames Water. Any discharge made
without a permit is
deemed illegal and may result in prosecution under the provisions
of the Water
Industry Act 1991. Thames Water would expect the developer to
demonstrate what
measures will be undertaken to minimise groundwater discharges into
the public sewer. Permit
enquiries should be directed to Thames Water's Risk Management Team
by telephoning 02035779483 or by
emailing trade.effluent@thameswater.co.uk
. Application
forms should be completed on line
via
https://eur03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.thameswater.co.
uk%2F&data=04%7C01%7Cdevelopment.control%40bracknell-
forest.gov.uk%7C45f74ea18e494223f3e308d958b729e2%7Cf54c93b70883478fbf3d56e09
b7ca0b7%7C0%7C0%7C637638366002072456%7CUnknown%7CTWFpbGZsb3d8eyJWIj
oiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&
;sdata=ZlNX%2FUyMaQstQ0WXa6Fv1w64Y%2BYefwCUEfqwtUNQY3I%3D&reserve
d=0.
Please refer to the Wholsesale; Business customers; Groundwater
discharges section.
With regard to water supply, this comes within the area covered by
the South East Water
Company. For your information the address to write to is - South
East Water Company, Rocfort Road, Snodland, Kent, ME6 5AH,
Tel: 01444-448200
6.
The layout and size of the dwellings created must be sufficient for
the safe use of the amenities and
must not result in over-occupation, otherwise a Hazard under part 1
of the
Housing Act 2004 may be created and as such could be subject to
formal action under that legislation.
7.
Any incidental works affecting the adjoining highway (including
verge, footway, or
crossover access) shall be approved by, and a licence obtained
from, the Highways and Transport
Section at Time Square, Market Street, Bracknell, RG12 1JD,
telephone 01344 352000 or via email
at Highways.Transport@bracknell-forest.gov.uk , to agree the
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.
