1.
SUMMARY
1.1 The
proposal is for the erection of two dwellings following the
demolition of the existing dwelling and garage.
1.2 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 1 no. dwelling to contribute to
Bracknell Forest Council’s housing supply.
1.3 The
proposal would not adversely impact upon the character and
appearance of the surrounding area. The proposal would not
adversely affect the residential amenities of neighbouring
occupiers and acceptable living conditions would be provided for
future occupiers of the proposed dwellings. There would be no
adverse highway safety implications.
1.4 The site
is located approximately 4km from the boundary of the SPA and is
therefore likely to have an adverse effect on the SPA, unless it is
carried out together with appropriate avoidance and mitigation
measures which can be secured through a legal agreement pursuant to
section 106 of the Town and Country Planning Act 1990.
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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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2.
REASON FOR REPORTING APPLICATION TO THE ADVISORY PLANNING
COMMITTEE
2.1 The
application is being reported to the Advisory Planning Committee as
it has received more than 5 objections and is recommended for
approval.
3.
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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3.1 The site
currently consists of a detached dwelling with a width of
approximately 18m and a detached garage at the front of the site.
The dwelling has a ridge height of approximately 7.6m. A hard
standing area for parking is located at the front of the property
with a private garden to the rear. The total site area is 0.08
hectares. The site is bordered by No.10 Priory Lane to the north
and No.8 Priory Lane to the south and an area of privately owned
but publicly accessible open space to the east.
3.2 The site
is situated within a defined settlement boundary and is located
within Area J of the Bracknell Study Area within the Character Area
Assessments SPD. This area is characterised by detached dwellings
of varying designs, set along tree lined roads.
3.3 The site
is not affected by any Tree Preservation Orders.
4.
RELEVANT SITE HISTORY
4.1 The most
recent applications relating to the site are:
615514 – Two storey
extension forming garage and playroom with bedroom and en-suite
bathroom over, construction of a dormer on front elevation.
Approved 1989
05/00391/FUL –
Erection of two storey side extension and installation of rear
facing dormer. Approved 2005
05/00874/FUL –
Erection of first floor rear dormer extension. Approved 2005
05/00877/FUL –
Retention and completion, with alterations, of detached double
garage. Refused 2005
[It is noted that an
enforcement notice was served regarding the garage which was
refused permission under the above application. An appeal,
reference APP/E0335/C/06/2019407, was made against this notice
which was allowed, subject to planting to screen the garage.]
16/00180/FUL - Erection of
2 new dwellings following demolition of existing dwelling and
garage. Approved 01.07.2016 with legal agreement.
18/00139/FUL - Erection of
1no. dwelling following demolition of existing garage. Refused
21.06.2018 and appeal dismissed.
19/00594/FUL - Erection of
two dwellings following demolition of existing dwelling and garage.
Approved 12.05.2020 with legal agreement.
5.
THE PROPOSAL
5.1 The
proposed development is for the erection of two detached dwellings
following demolition of the existing dwelling and garage. The
existing vehicular crossover is proposed to be widened.
5.2 The
dwelling on Plot 1 would have two storeys and space in the roof.
The dwelling would have four bedrooms, an integral garage and a
driveway with space for two cars. Side access would be provided to
the rear garden, which would have an area of 112 square metres. The
dwelling would be constructed in a traditional style, with
traditional materials.
5.3 The
dwelling on Plot 2 would have three storeys (including a basement
level) and space in the roof. The dwelling would have four
bedrooms, an integral garage and a driveway with space for two
cars. Side access would be provided to the rear garden, which would
have an area of 131 square metres. The dwelling would be
constructed in a contemporary style.
5.4 The
vehicular crossover would be widened to 4.1 metres. The existing
boundary hedgerow is proposed to be replaced with a hedgerow of
European Hornbeam, with a 1.8m wall proposed behind the new
hedgerow.
5.5 The scheme
is similar to approved permission 19/00594/FUL which granted
consent for 2no. dwellings on this site. The following plans
illustrate the comparison between the schemes (the red highlighted
area indicates the previously approved plans):
6.
REPRESENTATIONS RECEIVED
Warfield Town
Council
6.1 Objection
on the following grounds:
(i)
Council consider that the proposed development indicated on plot 2
is detrimental to the appearance and character of the local
environment, contrary to Saved policy EN20 in its design and
materials.
(ii)
The site is located within character area J: Warfield Road, Priory
Lane and Gough's Lane.
(iii)
The council is concerned that the garage space indicated on plot 2
does not conform with Bracknell Forest Council’s parking
standards.
Other
Representations
6.2 Letters of
objection were received from the occupiers of five neighbouring
dwellings raising the following concerns:
(i)
The replacement of one large dwelling with two smaller dwellings
would be out of character with the area.
(ii)
The development would result in the loss of a dwelling
characteristic of the area, and the replacement with buildings not
in keeping with the scale or character of the area.
(iii)
The creation of an additional dwelling would put greater pressure
on the road network and would result in highway safety issues. The
construction traffic would cause parking and safety issues.
(iv)
The development would include land outside the applicant’s
ownership.
(v)
Insufficient outdoor amenity space would be provided for future
occupiers.
(vi)
Overlooking concerns.
(vii)
Concerns regarding the removal of an existing septic tank.
(viii)
The installation of 2m high rear boundary fence would be higher
than the neighbour’s boundary due to level changes.
(ix)
Suggestion that the front boundary fencing should be in line with
the front boundary treatments of the neighbouring dwellings.
Officer Comment: The
removal of a septic tank would not be considered under a planning
application and would be dealt with under separate legislation.
7.
SUMMARY OF CONSULTATIONS RESPONSES
Biodiversity
Officer
7.1 No
objection
Tree Officer
7.2 No
objection
Highway Officer
7.3 No
objection
Drainage Officer
7.4 No
objection
Environmental Health
Officer
7.5 No
objection
8.
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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CP1 of SALP, CS1
& CS2 of CSDPD
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Consistent
(except for CP1 of SALP which is not wholly consistent)
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Design
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CS7 of CSDPD,
Saved policy EN20 of BFBLP
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Consistent
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Housing
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CS15 of the
CSDPD
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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
LA’s 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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Sustainability
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CS10 & CS12
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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Trees,
biodiversity and landscaping
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Saved policies
EN1, EN2 and EN3 of BFBLP, CS1 of CSDPD.
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Consistent
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Supplementary Planning
Documents (SPD)
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Thames Basin
Heath Special Protection Area (SPD)
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Design SPD
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Parking
standards SPD
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Character Area
Assessments 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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9.
PLANNING CONSIDERATIONS
9.1 The key
issues for consideration are:
i.
Principle of development
ii.
Impact on character and appearance of surrounding area
iii.
Impact on residential amenity
iv.
Impact on highway safety
v.
Biodiversity
vi.
Trees
vii.
Drainage
viii.
Sustainability
ix.
Thames Basin Heath SPA
x.
Community Infrastructure Levy (CIL)
xi.
Other considerations
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. This is 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 development is considered acceptable in
principle, subject to no adverse impact on the amenity of the
neighbouring occupiers, upon the character and appearance of
the area, trees, biodiversity etc.
ii.
Impact on Character and Appearance of Surrounding Area
9.4
‘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 Bracknell Forest
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.
9.5 The site
is located within character area J: Warfield Road, Priory Lane and
Gough's Lane. As outlined in the Character Area Assessments, this
area is noted to have a rural character with verges instead of
footpaths. Houses are detached with an inconsistent architectural
approach and period of development. Houses are set back within the
plot, mostly behind a small forecourt/front garden.
9.6 The
proposed development would increase the density of the site
introducing one additional dwelling which would result in two
narrower plots instead of the existing one spacious plot. However,
the width of the resulting plots would be comparable with other
plot sizes in the vicinity, and it is not therefore considered that
the subdivision of the plot into two would be harmful to the
character of the street scene.
9.7 The set
back of the proposed dwellings from the highway is considered to
maintain the building line established by 8 Priory Lane. As such,
the position of the proposed dwellings is considered suitable.
Dwellings with narrow separations between them can be found in the
surrounding area, and therefore the relationship between the
proposed dwellings are considered acceptable.
9.8 A
comparison of the neighbouring properties has been undertaken.
There are considerable differences in garden sizes within a 50
metre radius, and while it is acknowledged that the proposed
gardens would be relatively small in comparison to the scale of the
dwellings, it is considered that given the variety in plot sizes
and garden sizes within the area, the size of the proposed gardens
for the two new plots are sufficient.
9.9 The
proposed dwellings would have large footprints. However, they would
be located adjacent to large dwellings, and it is not considered
that the scale of the dwellings would appear incongruous within
their setting.
9.10 A
Streetscene plan has been submitted which shows the relationship of
the proposed dwellings compared to the properties on either side.
This plan demonstrates that the proposed dwellings would be no
taller than the properties on either side, and therefore the height
of the proposed dwellings is considered acceptable.
9.11
While there is a variety of architectural styles within the area,
other properties in the vicinity retain a traditional appearance,
with white window frames. Plot 1 would maintain a traditional
design. Plot 2 would have a traditional pitched roof form
with a chimney, but with some features in a more contemporary
style, with significant levels of glazing and aluminium frames.
These design features are not currently found within the
area. However, given the variety of local architectural
features and styles, it is not considered that the introduction of
a house with contemporary features and some contemporary materials
would have a detrimental impact on the character of the area.
9.12
Parking is proposed to the front, with a soft landscaping plan to
mitigate the expanse of hard landscaping. The planting plan is
considered to soften the appearance of the development and would be
secured by condition.
9.13
Access to the rear for both properties is proposed, which would
allow for secure bin and bicycle storage.
9.14 A
Hawthorne hedge is proposed along the frontage to screen the
boundary wall. This hedge would be secured by planning condition.
No entrance gates are proposed.
9.15
As such, the proposal would not adversely affect the character and
appearance of the surrounding area and would be in accordance with
‘Saved’ policy EN20 of the BFBLP, Policy CS7 of CSDPD,
Character Area Assessments SPD (2010) and the NPPF.
iii.
Residential Amenity
9.16
‘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.
Overlooking
9.17
There are no dwellings located or proposed on the land to the rear
of the application site. As such, it is considered that the rear
facing windows would not result in adverse overlooking.
9.18
Balconies are proposed on both dwellings. These balconies would
have privacy screens at least 1.7m high on either side in order to
prevent unacceptable levels of overlooking. These screens would be
secured by condition.
9.19
No upper storey side windows are proposed to serve habitable rooms.
It is recommended that a condition is imposed restricting upper
storey side windows to be obscure-glazed and top opening only. All
side facing rooflights would be restricted to being no lower than
1.7m above floor level.
9.20
The nearest dwelling would be at least 22m from the front elevation
of the opposite dwelling, 1 Priory Lane. This separation distance
is considered sufficient to avoid unacceptable levels of
overlooking from the front elevations.
Overbearing
9.21
The proposed dwelling on Plot 2 would be separated from the
neighbouring property to the south, 8 Priory Lane, by approximately
9 metres. The proposed dwelling on Plot 1 would be separated from
the neighbouring property to the north, 10 Priory Lane, by
approximately 18 metres. This separation distance is considered
sufficient to avoid adverse overbearing impacts.
9.22
The proposed dwelling on Plot 2 would project past the rear
elevation of the dwelling on Plot 1 by approximately 3 metres.
There would be a separation distance of approximately 3 metres.
This relationship is not considered to result in adverse
overbearing impacts.
Overshadowing
9.23 A
Daylight and Sunlight Survey has been submitted with this
application. This survey demonstrates there would be no significant
impact on the levels of daylight or sunlight received by the
neighbouring properties.
9.24
As such, the proposal would not be considered to affect the
residential amenities of residents of neighbouring properties or
future occupiers of the proposed dwellings and would be in
accordance with ‘Saved’ policy EN20 of the BFBLP and
the NPPF.
iv.
Highways
9.25
'Saved' policy M9 of the BFBLP ensures that development provides
satisfactory parking provision. A further material consideration
for parking provision is provided in Bracknell Forest Council's
adopted Parking Standards SPD. The NPPF advises that development
should only be prevented or refused on highways grounds if there
would be an unacceptable impact on highway safety, or the residual
cumulative impacts on the road network would be severe.
9.26
These two proposed dwellings would take access off Priory Lane, an
adopted residential cul-de-sac, which is a shared surface for all
users. Whilst it is a no-through traffic route, there is a
pedestrian and cycle link through to Warfield Road.
9.27 A
4.1m wide crossover access is proposed onto Priory Lane which is
compliant with Bracknell Forest Council's Highways Guide for
Development for a shared driveway.
9.28
Sufficient parking is now proposed to accord with the Parking
Standards SPD (March 2016) with each dwelling having 2 surface car
parking spaces and 1 space in a garage.
9.29
Swept path drawings have been provided showing a construction
vehicle of 7.3m long by 2.1m wide (excluding mirrors) reversing
into the site to ensure that deliveries can occur on-site and
vehicles can leave onto Priory Lane in a forward gear. This is
considered acceptable subject to conditions restricting the maximum
vehicle permitted to that shown on the drawings and ensuring that
the new access and culvert with headwall is constructed prior to
commencement of development elsewhere on the site.
v.
Biodiversity
9.30
Policy CS1 of the CSDPD states that development will be permitted
which protects and enhances the quality of natural resources
including biodiversity. Policy CS7 of the CSDPD states that
development proposals will be permitted which promote biodiversity.
‘Saved’ policy EN15 of the BFBLP states that external
lighting schemes will only be acceptable where they would have no
adverse impact on wildlife. These policies are considered to be
consistent with the NPPF which states that the planning system
should contribute to, and enhance, the natural and local
environment by minimising impacts on biodiversity.
9.31 A
biodiversity enhancement strategy has been submitted which has been
reviewed by Bracknell Forest Council’s Biodiversity Officer
and is considered suitable. The recommendations of this strategy
would be secured by condition.
vi.
Trees
9.32
‘Saved’ policy EN1 of the BFBLP states that planning
permission will not be granted for development which would result
in the destruction of trees and hedgerows. Trees and hedgerows are
important to the retention of the character and appearance of the
landscape or townscape of the area. Paragraph 131 of the NPPF
states that trees make an important contribution to the character
and quality of urban environments. It goes on to state that
planning decisions should ensure that existing trees are retained
wherever possible.
9.33 A
Tree Protection Plan was submitted with this application which has
been reviewed by Bracknell Forest Council’s Tree Service and
is considered suitable. The protection details would be secured by
condition.
vii.
Drainage
9.34
CSDPD Policy CS1 states that development shall protect and enhance
the quality of natural resources including water. This is
consistent with the NPPF paragraph 167 and 165 which state that
decision makers should ensure flood risk is not increased elsewhere
when determining planning applications, and that, where
appropriate, applications should be supported by flood risk
assessments and incorporate sustainable drainage systems
(SuDS).
9.35
The developments are likely to result in an increase in impermeable
area on site and as such evidence is required that this has been
accounted for and that flood risk will not be increased elsewhere
as a result of the development. Further details with respect to the
surface water management proposals will be required by
condition.
viii.
Sustainability
9.36
CSDPD Policy CS10 requires the submission of a Sustainability
Statement demonstrating how the proposals meet current best
practice standards, cover water efficiency aimed at achieving an
average water use in new dwellings of 110 litres/person/day. CSDPD
Policy CS12 requires 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.
9.37
These documents have been submitted as part of this application and
it has been demonstrated the policy requirements have been met.
9.38 A
condition requiring the proposal to be SUDS compliant is
recommended.
ix.
Thames Basin Heaths SPA
9.39
Bracknell Forest Council, in consultation with Natural England, has
formed the view that any net increase in residential development
between 400m and 5km straight-line distance from the Thames Basin
Heath Special Protection Area (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.
9.40
This site is located within the 400m –
5km Thames Basin Heaths Special Protection Area (TBH SPA)
buffer zone and is therefore likely to have an adverse effect on
the SPA, unless it is carried out together with appropriate
avoidance and mitigation measures.
9.41
On commencement of the development, a contribution (calculated on a
per-bedroom basis) is to be paid to Bracknell Forest Council
towards the cost of measures to avoid and mitigate against the
effect upon the TBH SPA, as set out in Bracknell Forest Council's
Thames Basin Heaths Special Protection Area Supplementary Planning
Document (SPD) (April 2018)
9.42
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.
9.43
In this instance, the development would result in a net increase of
two 4-bedroom dwellings replacing the
existing 4-bedroom dwelling within the 400m – 5km TBH SPA
buffer zone which results in a total SANG contribution of
£6,838.
9.44
The development is required to make a contribution towards
Strategic Access Management and Monitoring (SAMM) of £1,021
which is also calculated on a per bedroom basis.
9.45
The total SPA related financial contribution for this proposal is
£7,859. The applicant must agree to enter into a S106
agreement to secure this contribution and a restriction on the
occupation of any dwelling until Bracknell Forest Council has
confirmed that open space enhancement works to a SANG have
completed. Subject to the completion of the S106 agreement, the
proposal would not have 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.
x.
Community Infrastructure Levy (CIL)
9.46
Bracknell Forest Council introduced charging for its
Community Infrastructure Levy (CIL) on 6th April 2015. CIL is
applied as a charge on each square metre of new development. The
amount payable varies depending on the location of the development
within the Borough and the type of development.
9.47
CIL applies to any new build (except outline applications and
some reserved matters applications that leave some reserved matters
still to be submitted) including those that involve the creation of
additional dwellings.
9.48
The development is CIL liable in accordance with Bracknell Forest
Council's CIL charging schedule as the proposal results in a net
increase of one dwelling.
xi.
Other Considerations
9.49
The application is close to the site of a former brickworks
and an infilled pond. As such a contamination land assessment is
required by condition.
10.
CONCLUSIONS
10.1
It is considered that the development which would result in a
subdivision of a plot would be acceptable in principle due to being
located within the settlement boundary. It would not result in an
adverse impact on the character and appearance of the surrounding
area or, highway safety, nor would the development result in a
detrimental impact on the residential amenity of the neighbouring
properties or future occupiers. It is therefore considered that the
proposed development complies with 'Saved' policies EN1, EN15, EN20
and M9 of the BFBLP and Policies CS1, CS2, CS7, CS9, CS10 and CS12
of the CSDPD.
10.2
Relevant conditions will be imposed in relation to landscaping,
biodiversity, highway safety, drainage, contaminated land and
sustainability.
10.3 A
s106 agreement is required to secure contributions for SPA
mitigation and the scheme is CIL liable.
11.
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 following measures:
-
Avoidance and mitigation of the impact of residential development
upon the Thames Basin Heaths Special Protection Area (SPA);
and,
That the Assistant
Director: Planning be recommended to APPROVE the application
21/00808/FUL subject to the following conditions amended, added to
or deleted as the Assistant Director: Planning considers
necessary:
1. 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.
2. The
development hereby permitted shall be carried out only in
accordance with the following approved plans received by the Local
Planning Authority:
Received 08.09.21:
Plot 1 – Proposed
Elevations (001)
Plot 1 – Proposed
Ground and First Floor Plans (002)
Plot 2 – Proposed
First and Loft Plans (006)
Plot 2 – Proposed
Roof Plan (007)
Waste and Recycling Storage
Facilities (0010)
Water Calculations
Daylight and Sunlight
Assessment
Flood Risk Assessment
Plot 1 - Solar PV & SAP
Calculations
Plot 2 – Solar PV
& SAP Calculations
Sustainability
Statement
Sustainable Design &
Construction
Received 21.09.21:
Construction Management and
Demolition Plan
Received 30.09.21:
Plot 2 – Lower and
Ground Floor Plans (05 Rev A)
Received 01.10.21:
Plot 1 – Loft and
Roof Plan (003)
Landscape Layout Plan (10 A
Rev B)
Materials Schedule
Received 04.10.21:
Swept Path Analysis and
Material Storage Plan (11 Rev A)
Received 05.10.21:
Tree Protection Plan (12
Rev B)
Received 18.10.21:
Extended Phase 1 Habitat
Survey
Received 20.10.21:
Biodiversity Enhancement
Strategy
Received 26.10.21:
Plan Showing Location of
Bird, Bat Boxes, Swift Bricks and Log Piles (14)
Received 08.11.21:
Proposed Plans of Vehicular
Crossover, Culvert and Ditch (13)
Received 26.11.21:
Proposed Street Scene
(13)
Plot 2 – Proposed
Elevations (004)
Received 29.11.21:
Proposed Front Boundary
Wall Elevations (008 Rev A)
Site Location Plan
(012)
Proposed Block Plan
(011)
REASON: To ensure that the
development is carried out only as approved by the Local Planning
Authority.
3. The
external materials used in the construction of the development
hereby approved shall match those set out in the approved Materials
Schedule (Received 01.10.21).
REASON: In the interests of
the visual amenities of the area.
[Relevant Policies: BFBLP EN20, Core Strategy DPD CS7]
4. No
construction works shall take place until details showing the
finished floor levels of the dwellings 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, Core Strategy DPD CS7]
5. All hard
and soft landscaping shown in the approved Landscape Layout Plan
(10 A Rev B) (Received 01.10.21) 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 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, or 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. [Relevant
Policies: BFBLP EN2 and EN20, CSDPD CS1 and CS7]
6. The bin
store shown on the approved plans shall be installed prior to the
occupation of either of the dwellings hereby approved and
thereafter be retained as approved.
REASON: To ensure that
adequate waste and recycling facilities are available in the
interests of the amenities of future occupiers.
[Relevant Policy: BFBLP
EN20]
7. The
development shall be implemented in accordance with the approved
Sustainability Statement and retained as such thereafter.
REASON: In the interests of
sustainability and the efficient use of resources.
[Relevant Policy: Core
Strategy DPD CS10]
8. The
dwelling as constructed shall be carried out in accordance with the
approved Energy Demand Assessment and retained as such thereafter.
REASON: In the interests of
sustainability and the efficient use of resources.
[Relevant Policy: Core
Strategy DPD CS12]
9.
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 elevations of the dwellings 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) and fixed shut, or the parts
of the window, opening or enlargement which are clear glazed and/or
openable 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]
10. No part
of the first floor side facing rooflights of the development hereby
permitted shall be positioned lower than 1.7 metres above the
finished floor of the room in which the rooflights are
installed.
REASON: To prevent the overlooking of neighbouring properties.
[Relevant Policies: BFBLP EN20]
11. The
privacy screens shall be installed on the side elevations of the
balconies shown on the approved plans prior to the balconies being
brought into first use. These privacy screens shall be constructed
of solid timber cladding at a height of 1.7m above the height of
the balconies, without any gaps and retained as such
thereafter.
REASON: In the interests of
the privacy of the residents of the neighbouring property.
[Relevant Policy: BFBLP
EN20]
12. No
development (other than the construction of the access) shall take
place until the access has been constructed with the width of the
access and the design of the culvert, headwall and pedestrian
railings in accordance with approved drawing DERRYQUIN/PLAN/013
dated 8th November 2021 and with details of construction to be
submitted to and approved in writing by the Local Planning
Authority. The access shall be provided with visibility splays of
2.4m x 43m in each direction along Priory Lane and the land within
the visibility splays shall be maintained clear of any obstruction
exceeding 0.6 metres in height measured from the surface of the
adjacent carriageway at all times thereafter.
REASON: In the interests of
highway safety.
[Relevant Policies: Core
Strategy DPD CS23]
13. No
dwelling shall be occupied until the associated vehicle parking and
turning space has been surfaced and marked out in accordance with
the approved drawing. The spaces shall thereafter be kept available
for parking at all times.
REASON: To ensure that the
development is provided with adequate car parking to prevent the
likelihood of on-street car parking which would be a danger to
other road users.
[Relevant Policies: BFBLP
M9, Core Strategy DPD CS23]
14. The
garage accommodation for each dwelling shall be retained for the
use of the parking of at least 1 car and 4 cycles at all times,
with the dimensions of the retained space compliant with Table 7 of
the Parking Standards SPD (March 2016).
REASON: To ensure that the
Local Planning Authority's vehicle parking standards are met and in
the interests of accessibility of the development to cyclists.
[Relevant Policies: BFBLP
M9, Core Strategy DPD CS23]
15. No
gates shall be installed at the vehicular access to the site at any
time.
REASON: In the interests of
highway safety.
[Relevant Policies: Core
Strategy DPD CS23]
16.
Demolition and construction of the site shall be undertaken in
accordance with the approved Construction Management Plan and in
accordance with the following amendments and supplementary
information:
(a) the
swept paths within Appendix 4 of the approved Construction
Management Plan are replaced with those within approved drawing
DERRYQUIN/PLAN/011/REV-A dated 30th September 2021;
(b) the
approved Construction Management Plan is supplemented and updated
by the information within the letter from MCS DESIGN Architectural
Services dated 1st October 2021;
(c)
the largest vehicle permitted to access the development is 7.3m
long by 2.1m wide, in accordance with the vehicle size shown on
approved drawing DERRYQUIN/PLAN/011/REV-A dated 30th September
2021. No larger vehicles are permitted to access the development at
any time; and
(d) no
vehicle shall wait or park on the adopted highway of Priory Lane
associated with the demolition or construction of the development.
All vehicles associated with demolition and construction shall be
accommodated within the site.
REASON: In the interests of
highway safety and amenity of other residents of Priory Lane during
the construction period.
[Relevant Policies: Core
Strategy DPD CS23 and BFBLP EN20]
17. No
development shall take place until full details of the SuDS have
been submitted to and approved in writing by the Local Planning
Authority. These shall include:
Full details of all
components of the proposed SuDS including dimensions, locations,
gradients, invert and cover levels, headwall details, planting (if
necessary) and drawings as appropriate taking into account the
groundwater table.
Calculations confirming
that runoff rates post development will not exceed the greenfield
runoff rate. Submission of the Management and Maintenance plan
setting out the maintenance requirements together with expected
frequency.
REASON: To ensure that the
site is properly drained and does not increase the risk of flooding
in accordance with policy CS1 of the Core Strategy.
18. No
dwelling
REASON: To ensure that the
site is properly drained and does not increase the risk of flooding
in accordance with policy CS1 of the Core Strategy.
19. No development shall take place until a
contaminated land Phase I report (Desk Top Study) has been carried
out by a competent person to identify and evaluate all potential
sources and impacts of land and/or groundwater contamination
relevant to the site. The Desk Top Study shall be submitted
to, and approved in writing by, the local planning
authority.
REASON: The proposed
development is located on a potentially contaminated site, due to
its historic land use. To ensure the development is suitable
for its end use and the wider environment and does not create undue
risks to occupiers of the site or surrounding areas.heme of remediation shall commence until
sub-conditions A to C (below) have been complied with. If
unexpected contamination is found after development has begun,
development must be halted on that part of the site affected by the
unexpected contamination to the extent specified by the Local
Planning Authority in writing until condition C has been complied
with in relation to that contamination.
20. Following approval of the Desk Top Study
required by condition 19, if a Phase II report (Site investigation)
is required it will be completed by a competent person to fully and
effectively characterise the nature and extent of any land and/or
groundwater contamination and its implications. The method
and extent of this site investigation shall be agreed with the
local planning authority prior to commencement of the development
and shall then proceed in strict accordance with the measures
approved.
REASON: The proposed
development is located on a potentially contaminated site, due to
its historic land use. To ensure the development is suitable
for its end use and the wider environment and does not create undue
risks to occupiers of the site or surrounding areas.
1.
1.
1.
A. Site
Characterisation
1.
An
investigation and risk assessment, in addition to any assessment
provided with the planning application, must be completed in
accordance with a scheme to assess the nature and extent of any
contamination on the site, whether or not it originates on the
site. The contents of the scheme are subject to the approval in
writing of the Local Planning Authority. The investigation and risk
assessment must be undertaken by competent persons and a written
report of the findings must be produced. The written report is
subject to the approval in writing of the Local Planning Authority.
The report of the findings must include:
1.
(i) a survey of the extent,
scale and nature of contamination;
1.
(ii) an assessment of the potential
risks to:
1.
• human
health,
1.
• property
(existing or proposed) including buildings, crops, livestock, pets,
woodland and service lines and pipes,
1.
• adjoining
land,
1.
•
groundwaters and surface waters,
1.
• ecological
systems,
1.
•
archaeological sites and ancient monuments;
1.
(iii) an
appraisal of remedial options, and proposal of the preferred
option(s).
1.
This must be
conducted in accordance with DEFRA and the Environment
Agency’s ‘Model Procedures for the Management of Land
Contamination, CLR 11’.
21. Following completion of the desk top study
(Phase I) and site investigation (Phase II) required by the above
conditions 19 and 20, a remediation scheme to deal with any
contaminants identified (including gas protection measures if
necessary) must be submitted to and approved in writing by the
local planning authority prior to the commencement of development.
The scheme shall include an implementation timetable, monitoring
proposals and a remediation verification methodology. The
remediation scheme must be carried out before the development
commences.
An appropriately qualified
person shall oversee the implementation of all
remediation/mitigation works.
Should any unforeseen
contamination be encountered during the development, the local
planning authority shall be informed immediately. Any further
investigation/remedial/protective works shall be carried out to
agreed timescales and approved by the local planning authority in
writing.
REASON: The proposed
development is located on a potentially contaminated site, due to
its historic land use. To ensure the development is suitable
for its end use and the wider environment and does not create undue
risks to occupiers of the site or surrounding areas.
22. A Site Completion Report shall be
submitted to, and approved in writing by, the local planning
authority upon completion of the remediation/mitigation work
required by condition 21 in accordance with the agreed
implementation timetables. The report shall include
confirmation that all remediation measures have been carried out
fully in accordance with the approved remediation scheme and detail
the action taken and verification methodology used (including
details of the sampling and analysis programme) at each stage of
the remediation/mitigation works to confirm the adequacy of
decontamination. The Site Completion Report must also include
details of future monitoring and reporting if this is deemed
necessary, or a statement to the effect that no future monitoring
is required, with an explanation as to why future monitoring is not
necessary.
If no contamination is
encountered during the development, a written statement confirming
this fact shall be submitted to the local planning authority upon
completion of the development.
REASON: To enable to the
local planning authority to ensure that appropriate measures are
taken to avoid any threat which the proposed development might pose
to health and safety and/or the environment.
23. Unless
a landfill gas risk assessment is undertaken which indicates there
is no risk, and submitted for approval to the Local Planning
Authority, the proposed development shall be built with insert
level of gas protection i.e. Characteristic Gas Situation 1-6 gas
protection measures in accordance with BS 8485:2015 ‘Code of
practice for the design of protective measures for methane and
carbon dioxide ground gases for new buildings’. Following
installation of the measures a verification report shall be
submitted to the Local Planning Authority prior to occupation of
the site.
REASON: To ensure that
risks from land contamination to the future users of the land and
neighbouring land are minimised, together with those to controlled
waters, property and ecological systems, and to ensure that the
development can be carried out safely without unacceptable risks to
workers, neighbours and other offsite receptors.
24. All
ecological measures and/or works shall be carried out in accordance
with the details contained in Extended Phase 1 Habitat Survey June
2019 as already submitted with the planning application and agreed
in principle with the Local Planning Authority prior to
determination. An ecological site inspection report shall be
submitted prior to practical completion of any dwelling hereby
approved.
REASON: In the interests of
nature conservation
25. The
area shown as a fenced tree area to the rear of the new dwellings
on the approved plans shall thereafter be retained as such and
shall not be used for any other purpose.
REASON: In the interests of
nature conservation
[Relevant Plans and
Policies: CSDPD CS1, CS7]
26. The
tree/ vegetation protection measures shown on the approved Tree
Protection Plan (12 Rev B) (Received 05.10.21) shall be erected in
accordance with BS 5837:2012 (or any subsequent revision) Section 6
prior to the commencement of development, including any initial
clearance, and shall be maintained fully intact and (in the case of
the fencing) upright until the completion of all building
operations on the site. No activity of any description must occur
at any time within these 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]
27. The
development hereby permitted shall not be begun until details of a
scheme of walls, fences and any other means of enclosure has been
submitted to and approved in writing by the Local Planning
Authority. The approved scheme shall be implemented in full
before the occupation of any of the dwellings approved in this
permission.
REASON:
- In the interests of the visual amenities of the area.
[Relevant Plans and Policies: BFBLP EN20, Core Strategy DPD
CS7]
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.
Although they must be complied
with, no details are required to be submitted in relation to the
following conditions:
(1) Commencement
(2) Approved Plans
(3) Materials
(5) Hard and Soft Landscaping
(6) Bin Store
(7) Sustainability Statement
(8) Energy Demand Assessment
(9) Restriction on upper storey windows
(10) Rooflights
(11) Privacy screens
(13) Parking
(14) Garage
(15) Restriction on gates
(16) Construction Management Plan
(25) Tree protection 1
(26) Tree protection 2
The applicant is advised that the following conditions
require discharging prior to the commencement/occupation of
development:
(4) Finished Floor Levels
(12) Construction of access
(16) Sustainable urban drainage scheme
(17) Suds scheme
(18) Implementation of Suds scheme
(19) Contaminated land - Desktop Study
(20) Contaminated land - Site Investigation
(21) Contaminated land - Remediation Scheme
(22) Contaminated land - Site Completion Report
(23) Landfill gas risk assessment
(24) Ecological measures
(27) Means of enclosure
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).
