OFFICER REPORT
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SUMMARY
1.1 The proposed
development relates to a site within the settlement boundary and is
therefore acceptable in principle.
1.2 The proposal
would not adversely affect the residential amenities of
neighbouring dwellings/buildings and acceptable living conditions
would be provided for future occupiers of the proposed flats. The
proposal would not adversely impact upon the character and
appearance of the surrounding area.
1.3 No adverse
highway safety implications would result, with sufficient on-site
parking provision, cycle and bin storage. Parking for adjoining
office and B8 uses is provided to Council Standards.
1.4 Conditions
are recommended in relation to trees, biodiversity and energy
sustainability.
1.5 A legal
agreement pursuant to section 106 of the Town and Country Planning
Act 1990 is required to secure contributions for SPA mitigation and
the scheme is CIL liable.
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RECOMMENDATION
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The Assistant Director: Planning be
recommended to approve the application subject to the conditions in
Section 11 of this report and a section 106 agreement relating to
mitigation measures for the SPA.
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- REASON FOR
REPORTING APPLICATION TO THE ADVISORY PLANNING COMMITTEE
2.1 The
application has been reported to the Advisory Planning Committee as
more than 5 objections have been received.
- PLANNING
STATUS AND SITE DESCRIPTION
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PLANNING STATUS
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Within a defined
settlement boundary
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Within 5km of
the Thames Basin Heath SPA
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Character Area
– Area C Crowthorne Centre
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3.1 The
application site is a 0.086 hectare parcel of land located to the
east of the highway on New Road.
3.2 There is an
existing dwelling on site which fronts onto New Road with a rear
garden. Beyond the rear garden is an area of hardstanding which has
been used for parking connected to a lawful office modular building
and lawful B8 storage building, both used by a local plumber. The
office, B8 building and hardstanding are accessed off Dukes
Ride.
3.3 To the north
of the site lies a residential dwelling known as Magus House, to
the south is an office building at Devonshire Place and to the east
is a modular office building and B8 storage building.
- RELEVANT SITE
HISTORY
4.1 The most
recent applications relating to the site are:
12/00752/FUL
approved November 2012 for retention of hardstanding for parking
(approved after the expiry of 2 previous temporary planning
permissions in 2007 and 2009 for the hardstanding).
20/00926/FUL
withdrawn May 2021 for erection of six residential apartments
following demolition of the existing property.
- THE
PROPOSAL
5.1 Full
permission is sought for the erection of 4no. 2 bedroom residential
apartments in two blocks following the demolition of the existing
dwelling, with associated parking, refuse and cycle stores.
5.2 Plots 1 and
2 would be sited fronting onto New Road. The building would be
7.07m wide x 12.02m deep, with an eaves height of 4.5m and ridge
height of 8.01m. Plots 3 and 4 would be sited to the rear of plots
1 and 2. The building would be 10.22m wide x 8.39m deep, with an
eaves height of 3.97m and ridge height of 8.03m.
5.3 Each of the
4 plots would comprise an open plan kitchen and living area, 2no.
bedrooms and a bathroom. Plot 2 would have the addition of an
en-suite bathroom.
5.4 Vehicular
access to the proposed development would be taken from New Road,
leading to a communal parking area with 8no. parking spaces. A
cycle store is proposed along the north-eastern boundary of the
site. A bin collection point is proposed close to the site frontage
onto New Road, with bins for each plot proposed to be stored within
the communal landscaped areas around the 2no. buildings.
5.5 A previous
application, ref: 20/00926/FUL was withdrawn in May 2021 for
the redevelopment of the site for 6no. apartments. This revised
scheme has reduced the number of units proposed to 4, along with
reductions in the size and heights of the proposed buildings and a
reduction in the amount of hard surfacing for parking.
-
REPRESENTATIONS RECEIVED
Crowthorne
Parish Council
6.1 Refusal is
recommended for the following reasons:
1. Over
development of site and loss of amenity.
2. Traffic
generation on an unadopted road which is narrow and in poor repair
- 4 two bedroomed flats with the potential of up to 8 vehicles.
3. Lack of
parking - although there are 8 spaces given the potential of 8
vehicles for residents there is no provision for visitor
parking.
4. The Methodist
Church holds children's activities in the rear hall and the height
and the closeness of the rear block could be termed as overlooking
and possibly putting the safeguarding of the children at risk.
Other
representations
6.2 7no. letters
of objection received which raise the following:
- Overlooking
and loss of privacy to adjoining properties.
- Backland
development and is contrary to Bracknell Forest Council’s
Design SPD.
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Overdevelopment of the site.
- A house or
bungalow would be more appropriate than flats.
- Impact on
unadopted road due to additional houses, with an increase in
traffic and increased requirement for maintenance or damage to the
road.
- Increase in
traffic will impact upon pedestrian safety. New Road is well used
by pedestrians.
- No visitor or
disabled parking is proposed.
- Proposal will
displace parking onto surrounding roads/car parks and increase
demand in the evenings/weekends.
- Concerns about
larger vehicles or emergency vehicles accessing existing properties
along New Road and the development site itself
- The area of
land at the rear of Elim is not “land locked”. The
applicant owns land to the south and to the east boundaries of the
proposed site so a new or altered vehicular access is not needed at
the expense of a neighbouring property
- A petition was
submitted for the previous application on this site, with concerns
raised about the access being via New Road, car parking and over
development. This should be considered as part of this
application.
- Resulting
impacts to Magus House including increased traffic and noise
pollution,
the likelihood
of trespass and potential for theft/burglary/vandalism, loss of
daylight and sunlight.
- Development
out of keeping with the area.
- Environmental
concerns due to bins from pests and odour. Who will be responsible
for shrubs/planting and maintenance of bin areas?
- The church,
and the attached halls are used not only as a place of worship both
on Sundays and during the week, but also by other local groups
including for dance lessons, playgroups. Given these uses, the
occupiers of the proposed development may lodge noise complaints
against the current and historic uses of the Church.
- Impact on
daylight/sunlight at the church hall as a result of plots 3 and 4.
Will also increase lighting costs for the church.
- Poor private
amenity space provided.
- Trees removed
prior to submission of planning application.
- Inappropriate
mix of dwelling sizes.
- Impact to
adjoining properties from construction of the development.
- SUMMARY OF
CONSULTATIONS RESPONSES
Highways
Officer
7.1 No objection
subject to conditions.
Biodiversity
Officer
7.2 No objection
subject to conditions.
- MAIN POLICIES
AND OTHER DOCUMENTS RELEVANT TO DECISION
8.1 The key
policies and guidance applying to the site and the associated
policies are:
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Development Plan
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NPPF
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General
policies
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CS1 & CS2 of
CSDPD
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Consistent
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Design
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CS7 of CSDPD,
Saved policy EN20 of BFBLP
Policies CR1 and
CR4 of Crowthorne Neighbourhood Plan
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Consistent
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Residential
Amenity
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Saved Policy
EN20 of BFBLP
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Consistent
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Parking
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Saved policy M9
of BFBLP
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Consistent
NPPF refers to
LAs setting their own parking standards for residential
development, this policy is considered to be consistent.
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Transport
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CS23 of
CSDPD
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Consistent
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Trees,
biodiversity and landscaping
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Saved policy
EN1, EN2 and EN3 of BFBLP, CS1 of CSDPD.
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Consistent
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SPA
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SEP Saved Policy
NRM6, CS14 of CSDPD
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Consistent
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Supplementary Planning Documents (SPD)
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Design SPD
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Parking
Standards SPD
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Thames Basin
Heath Special Protection Area (SPD)
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Other publications
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National
Planning Policy Framework (NPPF) and National Planning Policy
Guidance (NPPG)
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CIL Charging
Schedule
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- PLANNING
CONSIDERATIONS
9.1 The key
issues for consideration are:
i.
Principle of development
ii.
Impact on residential amenity
iii.
Impact on character and appearance of surrounding area
iv.
Impact on highway safety
v.
Trees
vi.
Biodiversity
vii.
Thames Basin Heath SPA
viii.
Community Infrastructure Levy (CIL)
ix.
Energy sustainability
x.
Drainage/SuDS
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).
9.3 Core
Strategy Policies CS1 (Sustainable Development) and CS2 (Locational
Principles) are relevant and consistent with the objectives of the
NPPF. In particular, Policy CS2 permits development within defined
settlements.
9.4 The site is
located with the Defined Settlement as designated by the Bracknell
Forest Borough Policies Map (2013). As a result, the proposed
development is considered acceptable in principle, subject to no
adverse impact on the amenity of the neighbouring occupiers and
upon the character and appearance of the area, highway safety,
etc.
ii.
Residential amenity
Magus
House
9.5 Plots 1 and
2 would be set 6.5m from the side boundary with Magus House, with a
7m separation distance between the buildings at the closest point.
The front and rear elevations of the proposed building would not
project beyond that of Magus House and would therefore not appear
overbearing or result in loss of daylight to the occupiers.
9.6 2no.
rooflights are proposed on the northern elevation facing Magus
House. A planning condition is recommended to ensure that these
windows are 1.7m above internal floor level to protect the
adjoining occupiers from overlooking. A further planning condition
is recommended restricting additional windows on the side
(northern) elevation facing Magus House at first floor level and
above.
9.7 Plots 3 and
4 would be set 13m from the side boundary of Magus House, with a
24m separation distance to the rear elevation at the closest point.
In view of these separation distances, plots 3 and 4 would not
appear overbearing or result in loss of daylight to the occupiers.
Further, given the separation distances and the siting of plots 3
and 4 relative to Magus House, any first floor front facing windows
would have oblique views towards the rear elevation and rear garden
of Magus House that would not result in an unacceptable level of
overlooking. No windows are proposed on the side (northern)
elevation facing Magus House and a planning condition is
recommended to restrict windows on this elevation at first floor
level and above.
9.8 The proposed
internal access road leading to the parking bays serving the
development would be sited close to the northern boundary with
Magus House. Whilst this would result in some disturbance, given
the number of residential units proposed (4no. 2 bed flats) and
that acoustic fencing and planting is proposed along the northern
boundary, details of which will be secured by condition, the
resulting impact would not be significantly harmful to the
occupiers of Magus House. Part of the former rear garden of Elim
has been used for parking connected to a lawful office and B8
building used by a local plumber since at least 2007 and this area
would remain in use for parking for the proposed residential
units.
Devonshire
Place
9.9 Plots 1 and
2 would be set 1m from the boundary with Devonshire Place, a
building lawfully used as an office, with a 2m separation distance
between the buildings. Due to the siting of plots 1 and 2 relative
to Devonshire Place, the building would not appear overbearing or
result in loss of daylight to front and rear facing windows.
9.10 Plots 3 and
4 would be set approximately 18m from Devonshire Place and would
therefore not appear overbearing or result in loss of
daylight/sunlight to the existing office building.
Crowthorne
Methodist Church
9.11 Plots 1 and
2 would be located approximately 16m from the rear of the church
hall at the closest point, with the proposed building orientated 90
degrees to the hall. As such, plots 1 and 2 would not appear
overbearing or result in loss of daylight/sunlight to the church
hall. First floor windows on the rear elevation of plots 1 and 2
would have oblique views towards the rear elevation of the church
hall that would not result in unacceptable overlooking.
9.12 Plots 3 and
4 would be set 2.7m from the boundary with the church, with a 3.2m
separation distance between the rear of the church hall and flank
wall of plots 3 and 4 at the closest point. The building proposed
would have an eaves height of 4m, with the roof hipped away from
the boundary to mitigate its visual prominence when viewed from the
church hall, so as to not result in an unacceptable overbearing
impact to the church hall.
9.13 No windows
are proposed in the side (southern) elevation of plots 3 and 4
facing the church hall and a planning condition is recommended to
restrict windows on this elevation.
Daylight and
sunlight assessment for Devonshire Place and Crowthorne Methodist
Church
9.14 A daylight
and sunlight assessment has been submitted with the application
which assesses the impact of the proposed development on the levels
of daylight and sunlight to the 2 closest buildings to the
application site. These are the Methodist Church (its hall
which is the closest part to the application site boundary which
has windows serving class/school rooms and a kitchen) and
Devonshire Place (which has side facing windows serving a kitchen
at ground floor and office and WC at first floor). The detailed
assessment has been undertaken in accordance with the Building
Research Establishment’s (BRE) Site Layout Planning for
Daylight and Sunlight - a Guide to Good Practice.
9.15 Whilst
these buildings are not in residential use, the BRE guidelines
refer to non-residential buildings “where the occupants
have a reasonable expectation of daylight; this would normally
include schools, hospitals, hotels and hostel, small
workshops and some offices.”, and the impact on these
buildings has been assessed accordingly.
9.16 The assessment concludes that there would
be no undue loss of daylight or sunlight to Devonshire Place or the
Church Hall as a result of the proposed development, fully
satisfying all BRE requirements for both daylight and sunlight.
Oak
Lodge
9.17 To the
east/south-east lies Oak Lodge which contains retirement
apartments. There would be a 25m separation distance between plots
1 and 2 and Oak Lodge at the closest point, with New Road as an
intervening feature in-between. As such, the proposed development
would not appear overbearing or result in unacceptable overlooking
to the building or its grounds.
Future
occupiers of proposed flats
9.18 There would
be a 16.8m separation distance between the rear elevation of plots
1 and 2 and the front elevation of plots 3 and 4. Given this
distance, the siting of the 2 buildings within the plot and the
positioning of proposed windows, there would not be unacceptable
levels of overlooking between the 2no. proposed buildings. The
buildings would also not appear overbearing or result in loss of
daylight/sunlight to each respective plot.
9.19 To the
north-east of plots 3 and 4 is a builder’s merchant accessed
from Pinewood Avenue, with some land surrounding the building used
for storage of materials. The site operates weekdays between 7.30am
and 5pm, and 8am until midday on Saturdays which are not unsociable
hours. Future occupiers of plots 3 and 4 would be aware of this
existing nearby use and there are other residential uses within
close proximity to the builder’s merchants.
9.20 To the east
of plots 3 and 4 is an existing building in B8 use. The building is
used by a local plumber for storage purposes, with an office
serving the plumbing business located directly to the south of the
B8 building. Given the use of the building for B8 storage which is
contained within the building itself, this would not be a noise
generating use that would adversely impact future occupiers of
plots 3 and 4. The B8 building is set approximately 5.5m from the
rear elevation of plots 3 and 4, orientated at 90 degrees to the
proposed building and would therefore not appear unduly overbearing
to the detriment of future occupiers.
9.21 Sufficient
on-site parking would be provided, along with cycle and bin storage
and communal amenity areas around the proposed buildings for future
occupiers of the proposed dwellings.
9.22 As such,
the proposal would not be considered to have any unacceptable
adverse effect on the residential amenities of neighbouring
properties/buildings and acceptable living standards would be
provided for future occupiers of the proposed flats, in accordance
with Saved Policy EN20 of the BFBLP and the NPPF.
iii.
Impact on character and appearance of surrounding area
9.23 The site is
located within the Crowthorne Centre Study Area defined within the
Character Area Assessments SPD (2010). The SPD identifies that the
area is focused around the local high street with a variety of
uses. In addition to the High Street there are more non-residential
uses on Kings Road and Dukes Ride. The SPD identifies the area as
urban in character, with higher density development and larger
buildings which are between 2 and 4 storeys high.
9.24 Bracknell
Forest Council’s Design SPD was adopted in March 2017and
seeks to secure good design and high quality development. The
Design SPD sets out a number of recommendations that are relevant
to the proposed development. Of particular relevance are the
following recommendations:
- The form
of new buildings, including roofs should relate well to those found
in the local context.
- Backland
development should not be highly visible from the main street
frontage, not harm the existing character of the area, relate to a
site of sufficient size and shape to accommodate the number of
dwellings; not be taller than the existing buildings.
- Parking for
houses should not dominate the streetscene.
- Site dwellings
so that all of their associated requirements, including outdoor
space, parking and waste and recycling storage/collection, can also
be arranged appropriately within a plot.
9.25 The
Crowthorne Neighbourhood Plan forms part of the Development
Plan and is used in determining planning applications in Crowthorne
Parish. The Plan was 'made' by Bracknell Forest Council on 9
June 2021.
9.26
Policy CR1 of the Plan refers to high quality design and states:
Development proposals in the neighbourhood area should demonstrate
high quality design that responds to and integrates with local
surroundings and landscape context as well as the existing built
environment.
9.27
Policy CR4 of the Plan refers to Promoting Good Design in
Crowthorne Centre and states: Development proposals in the
Crowthorne Centre Character Area will be supported, provided they
have had regard to the following attributes that form the essential
character of Crowthorne Centre… high-density building
development on the periphery of the High Street.
9.28 Plots 1 and
2 would address New Road, with Plots 3 and 4 set back 35.8m from
the site frontage, constituting backland development. The density
of development would be 50 dwellings per hectare. The
Character Area Assessments SPD and Policy CR4 of the Crowthorne
Neighbourhood Plan identify the surrounding area as urban in
character with higher density developments and the proposed
development would be an efficient use of land on a site within an
urban location, close to Crowthorne Centre and on a plot larger in
size than adjoining dwellings.
9.29 The
development proposed would not appear cramped within the site, with
sufficient separation distances between adjoining buildings and the
proposed buildings, communal amenity areas around each building,
and soft landscaping around the site. An internal access
road, on-site parking in accordance with Bracknell Forest
Council’s Parking Standards SPD, bin and cycle storage
(including a bin collection point) would also be provided. The NPPF
encourages the effective use of land, particularly in meeting the
need for new homes and it is considered that this proposal would
comply with this objective, with the net gain of 3no. residential
units on a site within the settlement boundary and in a sustainable
location, within close proximity to Crowthorne Centre.
9.30 Plots 1 and
2 would be sited on a similar building line to that of the existing
dwelling on site, and similar to that of existing buildings
directly to the north at Magus House and to the south at Devonshire
Place. The building would be set back 6m from the site
frontage at the closet point, with sufficient space for a bin
collection point and soft landscaping between the building and the
site frontage onto New Road. Plots 1 and 2 would be two storeys
high, with a ridge height of 8.01m. There is an increase in site
levels along New Road from south to north and the submitted street
scene drawing demonstrates that the eaves and ridge height of plots
1 and 2 would assimilate well with adjoining buildings directly to
the north and south.
9.31 Plots 3 and
4 would be set back 35.8m from the front boundary of the site with
New Road, and would be two storeys high, with a ridge height of
8.03m. Given the setback of plots 3 and 4, the siting of the
building within the plot and the positioning of plots 1 and 2 and
the adjoining building at Devonshire Place, plots 3 and 4 would not
be readily visible from New Road. Plots 3 and 4 would be set some
50m from both Pinewood Avenue to the east and Dukes Ride to the
south, and with intervening buildings in-between, plots 3 and 4
would also not appear readily visible from these public vantage
points, in accordance with the Design SPD.
Plots 1 and
2
Plots 3 and 4
9.32 The
proposed buildings have been designed so as to have the appearance
of detached dwellings, which characterise the northern end of New
Road. Plots 1 and 2 would have a pitched roof, and would be dual
frontage, with the principal elevation facing onto New Road
comprising an entrance door, canopy and windows, and the northern
elevation facing the internal access road with an additional
entrance door with small canopy and windows. Plots 3 and 4 would
have a hipped roof, with windows set into the eaves, a canopy over
the entrance door and soldier coursing around the windows.
Buildings along New Road and Dukes Ride comprise a mix of pitched
and hipped roofs or gables fronting the road and there is no
uniformity to design. The proposed buildings would reflect the
design seen in the surrounding area and would therefore be
acceptable.
9.33 The
development would be served by an internal access road 4.1m wide
which would lead to the communal parking area for 8no. cars,
towards the rear of the site. The parking would be set back
30m from the site frontage with New Road and therefore, would not
appear unduly prominent in the street scene. Soft landscaping is
proposed within the site, particularly along the northern boundary
of the internal access road and around the parking bays which would
provide some softening to the hard landscaped areas proposed. Cycle
storage is proposed along the eastern boundary in a timber store
which would be acceptable. Bin storage for each plot would be
accommodated within the amenity areas around each of the buildings,
with a formal bin collection point close to New Road which would be
screened by soft landscaping.
9.34 Planning
conditions are recommended to secure details of materials,
landscaping and boundary treatment, in the interests of the visual
amenities of the surrounding area.
9.35 The
proposed development would therefore not result in unacceptable
harm to the character and appearance of the surrounding area and as
such would accord with Saved Policy EN20 of the BFBLP, Policy CS7
of CSDPD, the Design SPD, the Character Area Assessments SPD,
Policies CR1 and CR4 of the Crowthorne Neighbourhood Plan and the
NPPF.
iv.
Transport implications
Access
9.36 Access is proposed onto an
unadopted section of New Road. Visibility splays are shown on the
submitted drawing to Manual for Streets 15mph speeds. Slightly
longer visibilities are likely to be available in practice. Given
the unmade surface of the road, 15mph is considered to be an
acceptable approach speed.
9.37 The proposed access is 4.1m
wide with adjacent margins. This is sufficient for two cars to pass
at slow speed and compliant with the Council's Highways Guide for
Development.
The proposed width of the access road would
also be sufficient for a fire tender and the entrance to plots 3
and 4 would be within 45m of the access to the site for a pump
appliance, in accordance with Manual for Streets.
Car and Cycle
Parking
9.38 Four 2-bedroom flats are
proposed, with provision of 8 car parking spaces and 8 secure,
covered cycle spaces, meeting the requirements set out in Table 6
of the Parking Standards SPD. The turning area is sufficiently
sized to turn into and out of spaces, compliant with paragraph
8.351 and Figure 8.18 of Manual for Streets.
9.39 As the development is less
than 5 units, there is no requirement for visitor
parking.
9.40The existing area of hardstanding to the
east of the rear garden of Elim is currently used for parking by an
adjoining office and B8 storage building. The retention of the
hardstanding was approved in 2012 for parking. However, the parking
requirements for the existing office and B8 use in accordance with
the Parking Standards SPD can be met around the respective
buildings (a total of 4-5 spaces are required for these lawful
uses) without the use of the existing area of hardstanding where
plots 3 and 4 and the parking court is proposed as part of this
current application. The area of hardstanding approved in 2012
provided an over-proliferation of parking for the existing lawful
office and B8 uses.
Trips
9.41 Based on trip rates from
the TRICS database, the proposed development would generate around
14 trips over the day as a whole. This does not take into account
any offset from trips which would be generated by the existing
building on the site.
9.42 A bin collection point is
proposed within 25m of the adopted highway section of New Road to
the south. Individual bins for each unit will be stored within the
amenity space surrounding each of the 2no. proposed
buildings.
9.43 Subject to the imposition of conditions,
the proposal is considered to be in accordance with CS23 of the
CSDPD, Saved Policy M9 of the BFBLP, the Parking Standards SPD and
the NPPF and would not result in a detrimental impact on highway
safety.
v.
Trees
9.44 There are
trees on and surrounding the site which are not subject to Tree
Preservation Orders. The site also is not located within a
Conservation Area.
9.45 The
application is accompanied by an Arboricultural Implications
Assessment and Method Statement. It is proposed to remove a line of
Beech along the northern boundary which were originally planted as
a hedge but have been left unmanaged and overgrown; and to remove a
multi-stemmed, previously coppiced Sycamore along part of the
southern boundary. These trees are classed as either category C or
U trees and there is no objection to their removal. Replacement
tree planting is proposed within the site including Beech and Oak
which would be of improved amenity value and which can be secured
by condition.
9.46 There is a
holly within the garden of Magus House which will be cut back to
the boundary under common law. It’s root protection area will
be safeguarded with existing hardstanding removed sensitively and
the existing subbase retained and incorporated into the new access.
This can be secured by condition.
9.47 Proposed
parking bays along the northern boundary would be located outside
the root protection area of an off-site Copper Beech tree which
would therefore not be impacted upon.
9.48 A group of
off-site Leyland cypress close to the south-eastern corner of the
site would be safeguarded by protective fencing. However, no
development is proposed within the root protection area
(RPA).
9.49 Subject to the
imposition of conditions to safeguard adjoining off-site trees and
secure replacement tree planting within the site, the proposal is
considered to be in accordance with Policy EN1 of the Bracknell
Forest Borough Local Plan and the NPPF and would not result in an
adverse impact on trees.
vi.
Biodiversity
9.50 The
existing dwelling is single storey with a small roof space, and as
such falls into the group of buildings with a decreased probability
of supporting bats as defined by Natural England in their standing
advice on protected species.
9.51 Planning
conditions are recommended to enhance biodiversity on site,
including no site clearance during the main bird nesting season and
provision of biodiversity enhancements including bird and bat boxes
and appropriate landscaping.
9.52 Subject to
the above conditions, the development would be in accordance with
Policies CS1 and CS7 of the CSDPD, consistent with the NPPF.
vii.
Thames Basin Heath Special Protection Area (SPA)
9.53 In accordance with the Conservation of
Habitats and Species Regulations 2017 (as amended) Bracknell Forest
Council (BFC) has carried out a Habitats Regulations Assessment of
the proposed development.
9.54 The following potential adverse effects
on habitats sites were screened out of further assessment:
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Loss of functionally linked land (TBH SPA)
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Air pollution from an increase in traffic (TBH SPA, Windsor Forest
and Great Park
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Special Area of Conservation (SAC), Thursley, Ash, Pirbright and
Chobham SAC and Chilterns Beechwoods SAC)
9.55 Recreational pressure on the TBH SPA was
screened in for Appropriate Assessment.
9.56 BFC, 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 (TBH SPA) along with any
larger developments comprising over 50 net new dwellings within the
5-7km zone is likely to have a significant effect on the integrity
of the TBH SPA, either alone or in-combination with other plans or
projects.
9.57 This site is located within the 400m-5kmThames 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. For clarification,
part of the building proposed on plots 3 and 4 falls within the
400m SPA buffer but the entrance to the building on plots 3 and 4
and the vehicular access to the site is located outside 400m of the
SPA buffer and is therefore acceptable
9.58 On commencement of the development, a
contribution (calculated on a per-bedroom basis) is to be paid to
BFC towards the cost of measures to avoid and mitigate against the
effect upon the TBH SPA, as set out in BFC's Thames Basin Heaths
Special Protection Area Supplementary Planning Document (SPD)
(April 2018)
9.59 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. Bracknell Forest 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.
9.60 In this instance, the development would
result in a net increase of four x 2-bedroom dwellings replacing a single
3-bedroom dwelling within the 400m-5km TBH SPA buffer
zone which results in a total SANG contribution of
£14,660.
9.61 The development is required to make a
contribution towards Strategic Access Management and Monitoring
(SAMM) of £1,761 which is also calculated on a per bedroom
basis.
9.62 The total SPA related financial
contribution for this proposal is £16,421. The
applicant must agree to enter into a S106 agreement to secure this
contribution and a restriction on the occupation of any dwelling
until BFC has confirmed that open space enhancement works to a SANG
have been 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.
Community Infrastructure Levy (CIL)
9.63 Bracknell
Forest Council commenced charging for its Community Infrastructure
Levy (CIL) on 6th April 2015.
9.64 CIL applies
to any new build (except outline applications and some reserved
matters applications) including those that involve the creation of
additional dwellings. 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.
9.65 The
application site lies within the Crowthorne/Sandhurst CIL charging
zone.
ix.
Energy sustainability
9.66 Policy CS10
of the CSDPD requires the submission of a Sustainability Statement
in relation to water usage (average water use of 110
litre/person/day). A planning condition is recommended to secure
the submission of a Sustainability Statement to satisfy the
requirements of Policy CS10 of the CSDPD.
9.67 Policy CS12
of the CSDPD requires development proposals for less than five net
additional dwellings to provide at least 10% of their energy
requirements from on-site renewable energy generation. A planning
condition is recommended to secure the submission of an Energy
Demand Assessment to satisfy the requirements of Policy CS12 of the
CSDPD.
x.
Drainage/SuDS
9.68 The
application site is located within Flood Zone 1. A condition is
recommended to ensure that the hard surfaced areas proposed for
access and on-site parking/turning are SuDS compliant.
-
CONCLUSION
10.1 The
proposed development relates to a site within the settlement
boundary and is therefore acceptable in principle. The proposal
would result in a net increase of 3no. residential units to
contribute to Bracknell Forest Council’s housing supply.
10.2 The
proposal would not adversely affect the residential amenities of
neighbouring dwellings and acceptable living conditions would be
provided for future occupiers of the proposed dwellings. The
proposal would not adversely impact upon the character and
appearance of the surrounding area.
10.3 No adverse
highway safety implications would result, with sufficient on-site
parking provision, cycle and bin storage. Parking for adjoining
office and B8 uses is provided to Council Standards.
10.4 Conditions
are recommended in relation to trees, biodiversity and energy
sustainability.
10.5 A s106
agreement is required to secure contributions for SPA mitigation
and the scheme is CIL liable.
10.6 The
application is therefore recommended for approval, subject to the
completion of a s106 agreement.
-
RECOMMENDATION
11.1 Following
the completion of a legal agreement pursuant to Section 106 of the
Town and Country Planning Act 1990 to secure planning obligations
relating to the Thames Basin Heaths SPA;
That the
Assistant Director: Planning be recommended to APPROVE the
application subject to the following conditions amended, added to,
or deleted as the Assistant Director: Planning considers
necessary:
01. The
development hereby permitted shall be begun before the expiration
of three years from the date of this permission.
REASON: To
comply with Section 91 of the Town and Country Planning Act
1990.
02. The
development hereby permitted shall be carried out only in
accordance with the following approved plans received by the Local
Planning Authority:
Drawing no.
P20/06/S/301 Rev D received 30 November 2021
Drawing no.
P20/06/S/302 received 11 June 2021
Drawing no.
P20/06/S/310 received 11 June 2021
Drawing no.
P20/06/S/320 received 11 June 2021
Drawing no.
P20/06/S/330 Rev C received 22 November 2021
REASON: To
ensure that the development is carried out only as approved by the
Local Planning Authority.
03. The
development hereby permitted shall not be begun until details of
the materials to be used in the construction of the external
surfaces of the development hereby permitted have been submitted to
and approved in writing by the Local Planning Authority. The
development 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, CSDPD CS7]
04. The
development hereby permitted shall not be begun until details
showing the finished floor levels of the buildings hereby approved
in relation to a fixed datum point have been submitted to and
approved in writing by the Local Planning Authority. 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, CSDPD CS7]
05. The
rooflights in the roof slopes of plots 1 and 2 facing north and
south shall at all times be no less than 1.7 metres above internal
floor level.
REASON: To
prevent the overlooking of neighbouring buildings.
[Relevant
Policies: BFBLP EN20]
06.
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 side
(northern and southern) elevations of the 2no. buildings hereby
permitted, except for any which may be shown on the approved
drawings.
REASON: To
prevent the overlooking of neighbouring buildings.
[Relevant
Policies: BFBLP EN20]
07. The flats
hereby permitted shall not be occupied 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
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 occupation of any part of the approved
development, whichever is sooner. All hard landscaping works shall
be carried out and completed prior to the occupation of any part of
the approved development. As a minimum, the quality of all hard and
soft landscape works shall be carried out in accordance with
British Standard 4428:1989 'Code Of practice For General Landscape
Operations' or any subsequent revision. All trees and other plants
included within the approved details shall be healthy, well formed
specimens of a minimum quality that is compatible with British
Standard 3936:1992 (Part 1) 'Specifications For Trees & Shrubs'
and British Standard 4043 (where applicable) or any subsequent
revision. Any trees or other plants which within a period of 5
years from the completion of the development, die, are removed,
uprooted, are significantly damaged, become diseased or deformed,
shall be replaced during the nearest planting season (1st October
to 31st March inclusive) with others of the same size, species and
quality as approved. The areas shown for landscaping as approved
shall thereafter be retained and maintained.
REASON: In the
interests of the visual amenities of the area.
[Relevant Plans
and Policies: BFBLP EN20, CSDPD CS7]
08. The flats
hereby permitted shall not be occupied 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
details shall include the installation of acoustic fencing along
the northern boundary of the site. All boundary treatments should
provide for the free movement of wildlife to and from the site. The
approved scheme shall be implemented in full before the occupation
of any of the flats and retained as such thereafter.
REASON: In the
interests of the visual amenities of the area.
[Relevant Plans
and Policies: BFBLP EN20, CSDPD CS7]
09. The
development hereby permitted shall not be begun until a
Sustainability Statement covering water efficiency aimed at
achieving an average water use in new dwellings of 110
litres/person/day, has been submitted to and 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: CSDPD CS10]
10. The
development hereby permitted shall not be begun until the
submission of an Energy Demand Assessment demonstrating how 10% of
the development's energy requirements will be met from on-site
renewable energy generation, has been submitted to and approved in
writing by the Local Planning Authority. The development shall be
implemented in accordance with the Assessment, as approved, and
retained as such thereafter.
REASON: In the
interests of the sustainability and the efficient use of
resources.
[Relevant Plans
and Policies: CSDPD CS12]
11. No site
clearance shall take place during the main bird-nesting period of
1st March to 31st August inclusive, unless a scheme to minimise the
impact on nesting birds during the construction of the development
has been submitted to and approved in writing by the Local Planning
Authority. The approved scheme shall be complied with during
construction. REASON: In the interests of nature conservation
[Relevant Plans
and Policies: CSDPD CS1, CS7]
12. The
development hereby permitted (including demolition) 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 development shall be
carried out in accordance with the approved details and retained as
such thereafter.
REASON: To
ensure that wildlife is not adversely affected by the proposed
development.
[Relevant
Policies: BFBLP EN20, CSDPD CS1 and CS7]
13. All existing
trees, hedgerows and groups of shrubs shown to be retained in the
document/plans of the Arboricultural Survey Implications Assessment
and Arboricultural Method Statement by RMTTree Consultancy Ltd
shall be protected by 2m high (minimum) welded mesh panels,
supported by a metal scaffold framework, constructed in accordance
with Section 6.2 of British Standard 5837:2012, or any subsequent
revision.
REASON: In order
to safeguard trees and other vegetation considered to be worthy of
retention in the interests of the visual amenity of the area.
[Relevant
Policies: BFBLP EN1 and EN20, CSDPD CS7]
14. The
protective fencing and other protection measures specified by
condition 13 shall be erected prior to the commencement of any
development works, including any initial clearance, and shall be
maintained fully intact and (in the case of the fencing) upright,
in its approved locations at all times, until the completion of all
building operations on the site. No activity of any description
must occur at any time within these fenced areas including but not
restricted to the following:
a) No mixing of
cement or any other materials.
b) Storage or
disposal of any soil, building materials, rubble, machinery, fuel,
chemicals, liquids waste residues or materials/debris of any other
description.
c) Siting of any
temporary structures of any description including site office/sales
buildings, temporary car parking facilities, porta-loos, storage
compounds or hard standing areas of any other description.
d) Soil/turf
stripping, raising/lowering of existing levels, excavation or
alterations to the existing surfaces/ ground conditions of any
other description.
e)
Installation/siting of any underground services, temporary or
otherwise including; drainage, water, gas, electricity, telephone,
television, external lighting or any associated ducting.
f) Parking/use
of tracked or wheeled machinery or vehicles of any description.
In addition to
the protection measures specified above, a) No fires shall be lit
within 20 metres of the trunks of any trees or the centre line of
any hedgerow shown to be retained. b) No signs, cables, fixtures or
fittings of any other description shall be attached to any part of
any retained tree.
REASON: In order
to safeguard trees and other vegetation considered to be worthy of
retention in the interests of the visual amenity of the area.
[Relevant
Policies: BFBLP EN1 and EN20, CSDPD CS7]
15. The removal of existing hard surfaced areas within the minimum
Root Protection Area (RPA’s) of trees to be retained shall be
undertaken in accordance with document/plans of the Arboricultural
Survey Implications Assessment and Arboricultural Method Statement
by RMTTree Consultancy Ltd.
REASON: In order to safeguard tree roots.
[Relevant
Policies: BFBLP EN1 and EN20, CSDPD CS7]
16. No development (other than
the construction of the access) shall take place until
the
access onto New Road has been
constructed in accordance with the approved drawing
(P20/06/S/301 Rev D
received 30 November 2021) and provided with the visibility
splays shown on the approved drawing of at least 2.4m x 17m in each
direction along New Road. The visibility splay areas shall
thereafter be kept free of all obstructions to visibility over a
height of 0.6 metres measured from the surface of the adjacent
carriageway.
REASON: In the interests of
highway safety.
[Relevant Policies: CSDPD
CS23]
17. The flats hereby permitted shall not be
occupied until the
access road and associated car parking and turning space has been
surfaced and marked out in accordance with the approved drawing
(P20/06/S/301 Rev D received 30 November 2021). The car parking spaces shall
thereafter be kept available for parking at all times.
REASON: In the interests of
highway safety and 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,
CSDPD CS23]
18. The flats
hereby permitted shall not be occupied until secure and covered
parking for cycles has been provided in accordance with the
approved drawings (P20/06/S/301 Rev D
received 30 November 2021 and P20/06/S/330 Rev C received 22
November 2021) and retained as such thereafter.
REASON: In the
interests of accessibility of the development to cyclists.
[Relevant
Policies: BFBLP M9, CSDPD CS23]
19. No gates shall be provided
at the vehicular access to the site.
REASON: In the interests of
highway safety and accessibility of all road users to the
development.
[Relevant Policies: CSDPD
CS23]
20. The development
hereby permitted (including demolition) shall not be begun
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) Details of the parking of
vehicles of site operatives;
(ii) Areas for loading and
unloading of plant and materials;
(iii) Areas for the storage of
plant and materials used in constructing the
development;
(iv) Location of any temporary
portacabins and welfare buildings for site operatives;
(v) Details of any security
hoarding;
(vi) Details of any temporary
external lighting of the site during demolition and
construction;
(vii) Measures to control the
emission of dust, dirt, noise and odour during demolition
and
construction;
(viii) Measures to control
surface water run-off 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; and
(xii) 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
demolition and construction period.
REASON: In the interests of
highway safety and to mitigate and control environmental effects
during construction of the development.
[Relevant Policies: BFBLP EN20,
EN25, M9; CSDPD CS1, CS7, CS23]
21. The
access road,
parking and turning areas shall incorporate surface water drainage
that is SuDS compliant and in accordance with DEFRA "Sustainable
Drainage Systems - Non-statutory technical standards for
sustainable drainage systems" (March 2015). It shall be operated
and maintained as such thereafter.
REASON: To
prevent increased risk of flooding, to improve and protect water
quality and ensure future maintenance of the surface water drainage
scheme.
[Relevant
Policies: CSDPD CS1, BFBLP EN25
Informatives:
1. 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.
2. The applicant
is advised that the following conditions require discharging prior
to commencement of development:
03.
Materials
04. Slab
level
09.
Sustainability Statement
10. Energy
Demand Assessment
12. Biodiversity
enhancements
20. Construction Environmental
Management Plan
3. The applicant
is advised that the following conditions require discharging prior
to occupation:
07.
Landscaping
08. Boundary
treatments
4. Although they
must be complied with, no details are required to be submitted in
relation to the following conditions:
01. Time
limit
02. Approved
plans
05.
Rooflights
06. Restrictions
on windows
11. No site
clearance during bird nesting season (details required if during
the season)
13, 14, 15. Tree
protection
16. Access and
visibility
17. Parking
18. Cycle
parking
19. No gates at
vehicular access
21. SuDS
In the event of the S106 agreement not being completed by 31 March
2022, the Assistant Director: Planning be authorised to either
extend the period further or refuse the application on the grounds
of:
In the absence
of a planning obligation to secure suitable avoidance and
mitigation measures and access management monitoring arrangements,
in terms that are satisfactory to the Local Planning Authority, the
proposal would be contrary to Regulation 63(5) of the Conservation
of Habitats and Species Regulations 2017 (as amended), Policy NRM6
of the South East Plan, Policy EN3 of the Bracknell Forest Borough
Local Plan, Policy CS14 of the Core Strategy Development Plan
Document and the Thames Basin Heaths Special Protection Area
Supplementary Planning Document (2018).
