OFFICER REPORT
1.
SUMMARY
1.1 The proposed
development relates to a site within the settlement boundary and
is
therefore acceptable
in principle. The site is a proposed allocation site in the
Emerging Local Plan for 141 dwellings net and 4,700sqm commercial
floorspace.
1.2 The development
of the site would result in the loss of trees on the site but the
affected trees are not protected by TPOs and replacement trees are
proposed on the site.
1.3 The proposal
would not adversely affect the residential amenities of
neighbouring
occupiers and
acceptable living conditions would be provided for future occupiers
of the flats. The proposed commercial uses are appropriate within a
town centre location and adequate servicing has been provided to
serve these uses. The proposal would also not adversely impact upon
the character and appearance of the surrounding area.
1.4 No adverse
highway safety implications would result. Parking to meet the
town centre parking standard has been provided using a combination
of on-site and off-site parking within town centre car parks.
Sufficient on-site parking provision, cycle and bin storage has
been provided.
1.5 A legal
agreement is required to secure contributions for SPA mitigation,
biodiversity measures, a Travel Plan, highway requirements, active
and passive OSPV and community facilities to secure 25% affordable
housing,
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RECOMMENDATION
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The Assistant Director: Planning be
recommended to approve the application subject to the completion of
a S106 Agreement and the conditions set out in Section 11 of this
report.
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2. REASON FOR REPORTING APPLICATION TO THE ADVISORY PLANNING
COMMITTEE
2.1 The application
has been reported to the Advisory Planning Committee because it
relates to a scheme which the Executive Director: Place Planning
and Regeneration is responsible for promoting.
3.
PLANNING STATUS AND SITE DESCRIPTION
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PLANNING STATUS
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Within settlement boundary.
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3.1 The site measures approximately 0.53ha
and is located on the west side of Market St. at the junction of
Market St and Skimped Hill. The site has been vacant for
several years and is currently screened by hoardings. The western
boundary of the site is shared with the Peel Centre. North of the
site, across Skimped Hill is Winchester House, with the current
construction site of the former Amber House immediately to the
south.
4. RELEVANT SITE HISTORY
4.1 No recent planning history.
5. THE PROPOSAL
5.1 This is a hybrid
planning application proposing full planning permission for the
erection of three Blocks (A, B and C) to provide 169 residential
units to include 29 affordable rented homes and 13 shared ownership
homes and 848 sq.m of commercial floorspace
5.2 Outline planning
permission for Block D is also sought with access and landscaping
to be considered for up to 2,699 sqm of commercial floorspace
(Block D) (Use Class E (b), (c), (e), (f) and (g) and F2(b).
5.3 Buildings will
vary in height from 6 storeys to a maximum of 17 storeys in Block
A.
5.4 The application
also includes the provision of amenity space, public realm
improvements and new public pedestrian links throughout the
site.
5.5 A total of 89
car parking spaces will be provided for the residential element on
site, with the remaining 117 spaces for the residential and
commercial uses provided off-site. 298 cycle parking spaces
will also be provided to serve the full application element with 56
spaces to serve the outline element of the scheme, comprising a
total of up to 354 spaces.
5.6 Access to the
site will be from two new entrance points on Market Street
delivering a new loop route for access within the Site.
6. REPRESENTATIONS RECEIVED
Bracknell Town
Council
6.1 No
objection to the application.
Representations
6.2 The Bracknell
Forest Society object to the application on the following
grounds:
- The scale of the
development is excessive, and the impact of tall buildings must be
assessed in light of the existing tall buildings in the town centre
and others proposed in current applications on nearby sites.
- Off site parking
in the High Street carpark should be assessed against projections
for
future usage, not
those for shortly after the opening of phase 1 of the town
centre
redevelopment. This
should include parking projections if free car parking is ended at
the Peel Centre.
- Electrical
infrastructure should be provided so that all car parking spaces
can have electric charging points installed in the future.
Six representations
have also been received raising the following material
considerations:
- the proposal will
lead to overlooking of properties in Ringside and loss of
privacy
- the height or
proximity of the development will lead to a loss of daylight
- the scale of the
proposed development will have an oppressive impact on nearby
properties
- noise from the
building works, flats and commercial units will be overwhelming to
the already loud area causing stress to current local
residents.
-Potential noise,
fumes and other odours could lead to a loss of amenities to
existing residents in the area.
-The traffic on
Market Street is already congested and will increase once the
Amber House
development is completed.
- The development
would be dangerous and evacuation from the buildings in case of
fire would be difficult due to the limited number of stair
wells.
7. SUMMARY OF CONSULTATION RESPONSES
Tree
Officer
7.1. The approach of
clearing all trees on site and treating the site as a blank canvas
is not the most sympathetic approach in terms of trees.
Attempts should be made to retain trees where possible and ensure
that tree planting is viable on the site. Tree planting
should be specifically engineered using a Silva cell type
construction concept. The walkway to the Peel Centre should become
a soft landscaped area which would be more environmentally
beneficial and aesthetically sympathetic. This would also
provide a far more conducive growing environment to sustain new
trees and provide opportunity for additional eye level shrub or
hedge planting.
Landscape
Officer
7.2 The principle of
the proposed landscape scheme is acceptable. Further details are
required to be submitted as a condition. In particular, it will be
important to ensure that there is no conflict between drainage and
tree pits and that tree planters can be maintained on the site.
Biodiversity
Officer
7.3 Subject to
details of landscaping being secured to ensure planters are
retained on site and the provision of a landscaped strip along the
site boundary with Market St and the plaza between Market St and
the Peel Centre, the application is acceptable subject to
conditions and s106 requirements.
Highways
Officer
7.4 No objection
subject to conditions and S106 requirements. Concerns
expressed that the site requires the use of off-site car parks by
residents and that this requires some form of control by the
Council as owners of public car parks within the town centre to
ensure that the parking spaces are available to residents of the
site in perpetuity.
Drainage
Officer
7.5 No objection
subject to condition.
8. MAIN POLICIES AND OTHER DOCUMENTS RELEVANT TO THE DECISION
8.1 The key policies
and associated guidance applying to the site are:
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Development Plan
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NPPF
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Weight to be attributed, with
reference to para.
213 of NPPF
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Sustainable development
principles
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SALP Policy CP1
CSDPD Policy CS1
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Para. 11(d) refers to
‘policies which are most important for
determining the application are out-of- date’. CP1 wording
differs to this.
Furthermore, the PPG states
that there is no need for a policy to directly replicate para.
11.
Consistent (Paras. 7, 8,
11, 12, & 117 -
119)
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Limited (policy not used in
planning application decision-making)
Full
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Design
&
Character
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CSDPD Policy CS7
BFBLP ‘Saved’
Policy EN20
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Consistent (Chapter 12)
“
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Full
Full
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Trees
&
Landscape
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CSDPD Policies CS1 & CS7
BFBLP
‘Saved’ Policies EN1, EN2 &
EN20
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Consistent (paras. 127
& 170) “
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Full
Full
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Residential Amenity
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‘Saved’ Policies
EN20 & EN25 of BFBLP
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Consistent (paras. 127,
170 & 180)
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Full
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Transport
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CSDPD
Policies C23
BFBLP ‘Saved’
Policies M8 & M9
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Consistent (Chapter 9)
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Full
Full
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Drainage
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CS1 of CSDPD
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Consistent (paras. 163
& 165)
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Full
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Biodiversity
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CSDPD Policies CS1 & CS7
BFBLP
‘Saved’ Policies EN1, EN2 &
EN20
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Consistent (paras.
170
& 175)
“
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Full
Full
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Sustainability of build (Renewable Energy and
Water Use)
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CSDPD Policies CS10 & 12
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Consistent (para. 149)
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Full
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Supplementary Planning
Documents (SPD):
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Parking Standards SPD
(2016)
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Other publications:
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National Planning Policy
Framework (NPPF) (2019) National Planning Policy Guidance (NPPG)
(2019)
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9. PLANNING CONSIDERATIONS
9. 1 The key issues
for consideration are:
i.
Impact on the character and appearance of the area.
ii.
Impact on Residential Amenities
iii.
Highways
iv.
Drainage
v.
Biodiversity
vi.
Community Infrastructure Levy (CIL)
vii.
Thames Basin Heaths Special Protection Area
viii.
Provision of Affordable Housing
These issues are
considered in turn below:
i.
Impact on the character and appearance of the area.
9.1 The site is
within Bracknell town centre and is located on Market Street which
contains a mix of commercial and residential premises. The
development comprises 4 buildings ranging in height from 6 storeys
in block D to 17 storeys in block A, which is positioned at the
northern end of Market St. at its junction with Skimped Hill Lane.
The height of the proposed blocks decreases from the maximum height
in block A to 14 storeys in block B, 9 storeys in block C and 6
storeys in block D. Winchester House, a 19 storey building,
is positioned close to block A and will remain the tallest building
within the town centre. The positioning of taller blocks at
the northern part of the application site allows for buildings to
appear as a cluster with Winchester House together with Ocean House
(a 13-storey building) when viewed on the approach into Bracknell
from Skimped Hill Lane. Block A acts as a focal point at the
junction of Market St and Skimped Hill Lane but its height is
stepped down on the western elevation to reduce the bulk and
massing of the building when viewed together with the Point.
9.2 The height of buildings on the application site reduces from
north to south. Immediately adjacent to the site is Amber House,
currently under construction to provide a 9 storey building,
reducing in height to 6 storeys. The former bus station site
also under construction would have a maximum of 10 storeys.
9.3 A Townscape and
Visual Appraisal (TVA) has been submitted with the application.
This document identifies and assesses the potential effects of the
proposed development on the townscape character and visual amenity
of the site and its surroundings. The TVA records the
existing townscape/landscape conditions and sets out how the
townscape/landscape characteristics of the study area and the site
interact. A distance of approximately 2.5km from the site
boundary was identified as an appropriate distance within which to
consider the wider townscape/landscape setting of the site. Though
the site may be visible from beyond this distance, at longer
distances site features and precise boundaries will not be clearly
defined.
9.4 Appendix 5 of
the Tall Buildings policy LP43 in the emerging Local Plan sets out
a viewpoints map with 11 specific viewpoints highlighted as key
views relating to Bracknell Town. They are:
• TB1
(A329)
• TB2
(A329)
• TB3 (Peacock
Lane)
• TB4
(Wokingham Road)
• TB5
(Johnstone Close)
• TB6
(Tilehurst Lane)
• TB7 (Binfield
Road 1)
• TB8 (Binfield
Road 2)
• TB9 (Cabbage
Hill)
• TB10 (Sopwith
Road)
• TB11 (Ascot
Road)
9.5 Seven of these
viewpoints were used in the TVA being within 2.5km of the site and
the site being visible from them.
9.6 The TVA
concludes that the proposals will result in a permanent and
long-term change to the townscape character of the site due to the
size and scale of the proposed development. However, it is
considered that the proposed development will have a negligible
effect on the majority of the townscape/landscape character
areas. Within the site itself and the town centre the
proposals are considered to have a beneficial effect in enhancing
the site’s appearance and its immediate townscape
setting. The proposal will not have any significant adverse
effects on visual amenity from the wider townscape and
landscape.
9.7 The proposed
height and scale of the development is considered to be
acceptable. In this town centre location, the buildings would
be viewed as part of the cluster of existing tall buildings and the
additional tall buildings currently in construction in the
area.
9.8 The application
proposes commercial uses at ground floor level, with residential
above in blocks A, B and C. Block D is in outline form only
with commercial uses proposed on all floors. This would
provide active frontages at ground floor level for all
blocks. Buildings will be set back from Market St. behind
trees within planters and a landscaped strip. Trees will be
provided in planters as a sewer currently running across the rear
of the site will be re-located along the Market St boundary and a
sewer easement across the front of the site restricts the planting
of trees. The landscaped strip will run behind the footway in
Market St and allow for the building to be set back approximately
9m from the road. The main entrances to the blocks are from Market
St.
9.9 The blocks would
be brick built with each block constructed in a different brick
tone with a contrasting lighter toned brick used to create
horizontal and vertical bands within the elevations. Block A
will be a light toned brick, with darker toned bricks used in each
block from north to south along Market St. The top floors of
the blocks will be constructed in a lighter toned brick to add
further interest to the elevations and create horizontal emphasis.
Textured brick panelling is used to add interest at lower floor
levels and darker brick creates a visually contrasting base to the
blocks to identify the commercial uses and add interest at street
level for pedestrians.
View Along Market
St.
9.10 Balconies are
provided above the ground floor to add further design detail to the
blocks and private outside amenity space to each apartment.
9.11 The decked car
park to serve the development is to the rear of blocks B and C and
is 4 storeys in height. The western elevation of the car park
facing the Point will be articulated with textured brickwork and
vertical greening panels to provide landscaping on the elevation
and to soften the building when viewed from The Pont and Skimped
Hill Lane.
9.12 Public realm
between blocks A and B and blocks C and D will provide spacing
between buildings and allow for views into the site. The
areas will be a mix of hard and soft landscaping with seating areas
provided to allow use by residents and the public visiting the
commercial uses within each block.
9.13 The existing
pedestrian link between the site and Amber House to the Peel Centre
will be retained and enhanced with tree planting, overspill seating
from the proposed café in block D, and a proposed table
tennis table will improve the vitality of the linkway and provide
an important public open area within the town centre.
9.14 Existing trees
on the site will be removed. New tree planting will take
place within the public walkway to the Peel Centre, between
buildings and along the boundaries of the site with Market St and
Skimped Hill Lane. Due to the restrictions of the sewer
easement along Market St, trees along this frontage will be within
planters. A tree planting masterplan has been provided to
demonstrate that trees can be provided around the site. Further
landscaping is proposed throughout the site to provide variety of
planting. Details of landscaping can be secured through a
landscaping condition.
9.15 The proposed
development is considered to be acceptable in terms of character
and appearance. The site is within Bracknell town centre and tall
buildings are considered to be appropriate in this location.
The highest point of the building is at the junction of Market St
and Skimped Hill Lane with height reducing southwards along Market
St. The provision of a key building at the position of block
A, where the height will reflect the height of other town centre
buildings is acceptable and the variation in height across the site
together with the use of a variety of material colours will result
in buildings that reflect the town centre location but are of a
high quality of design. The provision of landscaping and
spacing between the buildings also contributes to breaking up the
scale of development and adding interest at pedestrian level.
The application is acceptable in meeting the requirements of
policies CS7 of the CSDPD and policies EN1 and EN20 of the
BFBLP.
ii Impact
on Residential Amenities
9.16 Market St
includes a number of residential developments in Gowring House,
Alston House and two that are currently under construction at the
former Amber House and the depot sites. In addition, Ringside
which is located on the High St behind the BT telecom site is a
residential apartment building that faces the application site
although is at a distance of approximately 50m from the closest
point of Ringside to the site boundary. Concerns have been
raised by residents in Ringside that the development, and
particularly block A, would result in overlooking and overshadowing
of their properties. However, in the context of town centre
developments it is not considered that the relative distances
between properties would result in material loss of amenities to
residents. A distance of 30m is generally considered to be
acceptable between taller residential properties to reduce any
likely overlooking.
9.17 The application
includes Daylight and Sunlight Reports to assess the likely impact
of the development on existing properties in the vicinity of the
site and to assess if residents of the proposed development would
have main living rooms that would receive acceptable levels of
daylight and sunlight. The report relies on guidance in the BRE
document entitled Site Layout Planning for Daylight and Sunlight
– A Guide to Good Practice 2011 (the BRE guidelines). This
document is the principal guidance in this area and while not
statutory, it does set out the methodology for measuring light and
recommends permissible or unobtrusive levels of change. In
assessing the impact of the proposal on Winchester House, Amber
House, Alston House and Ringside, the report considers the impact
of the proposed development on 494 (or 96%) of 516 windows on these
buildings. It concludes that 323 (94%) of 342 rooms within
the surrounding residential properties are not affected by the
proposal. Many of the reductions in daylight and sunlight on
windows are due to self-obstruction from balconies and overhangs
and when these are removed (in accordance with the BRE guidelines)
511 of 516 windows (99%) are compliant, indicating that the
relative losses are primarily a result of self-obstruction from
their own design. The scheme is considered to display a very high
degree of compliance with the BRE guidelines and high levels of
retained daylight. The results indicate that daylight and sunlight
levels surpass those normally expected in an urban environment and
any losses of daylight are considered acceptable.
9.18 Within the
development, the internal daylight amenity assessment has
considered the first 3 residential floors in each of the 3 proposed
residential blocks. By virtue of their lower location, these rooms
are most likely to experience inferior light levels as compared to
the upper floors which will have superior access to skylight. The
assessment demonstrates that the proposed residential properties
will enjoy full compliance with the BRE guidelines.
9.19 An area of open space for use by residents is provided behind
block A. This space will include trees and hard landscaping
and will be large enough to act as an informal play area for
residents. Play equipment is not proposed for the space which
would be available for informal leisure and as a seating area.
Together with balconies for each apartment, the scheme will provide
appropriate open space for residents.
9.20. The commercial floorspace in blocks A, B and C will fall
within use classes E, F1 and F2 with final quantums to be flexible
within the proposed use classes. In order to ensure that
future residents will be protected from the effects of noise from
the commercial units and the specifications of any ventilation
extraction units will be required to take account of the amenities
of residents in terms of noise. In addition, the site is
located within the town centre close to major roads and the
adjoining leisure facilities at the Point. A Noise Impact
Assessment has been submitted and noise mitigation measures,
secured through a condition will be required to be submitted to
ensure a satisfactory living environment for residents.
iii Highways
9.21 The site is located on
Market Street on the site of the former bus station and more
recently the area has been used as a yard for the Council's
contractor for storage for materials for highway purposes.
Market Street is subject to a 30mph speed limit and is a well
used road due to its location within the town and the links it
provides to the bus and rail stations.
9.22 The site currently has one
wide point of access close to the signalised crossing on Market
Street opposite the parking layby. The footway that runs past
the front of the site is quite wide but would require further
widening to make it suitable to be used by cyclists as well as
pedestrians. Adjacent to the southern boundary of the site is
the pedestrian link to The Peel Centre and The Point which located
behind the site to the West.
9.23 The proposal seeks to
utilise the existing access with some minor modifications to its
position as well as creating a new access approximately 35m from
the stop line of the traffic signals. This new access point is to
be used as an exit only due to the limited turning space on site
and the requirements for deliveries to pass through the site from
the south, and a Traffic Regulation Order will be required to
control access at this point. With that in mind the position of the
access in relation to the traffic signals is acceptable.
9.24 It is also clear from the
submission that the proposed layout will only allow a certain size
of delivery vehicle to the site due to the scale of the access
proposals. The maximum size of vehicle is large enough for the
proposed uses on the site and would include refuse vehicles but
planning conditions would need to be in place controlling
deliveries to the site. Some of the proposed commercial uses may
lead to larger vehicles visiting the site. This mainly relates to
the food store proposals.
9.25 In relation to the design
of the internal access roads the current designs appear to provide
for a wide open expanse of paving with some specific limited areas
of planting and trees. In relation to the southern access road,
this route has to accommodate vehicles, pedestrians, deliveries and
some control equipment for the ramp into the car park. The
set down location for deliveries which would serve block D and one
end of blocks B and C has been defined within this space and allows
for vehicles to wait without obstructing the traffic light system
that controls access to the ramp to the decked car park behind
blocks B and C. The one way nature of the multi storey car park
ramp means that traffic is to be controlled at ground floor
level.
9.26 In relation to the northern
access, the design issues are similar in terms of the design of the
space and location of delivery areas. Block A is likely to
house the food retail unit that is being sought and thus more
frequent deliveries would be expected to such a store even though
this unit may be smaller in scale a dedicated delivery bay has been
provided in this area.
9.27 In relation to the frontage
of the site, the applicant has indicated a sliver of land that can
be dedicated as public highway to provide a minimum 3m
footway/cycleway space across the frontage of the site. This
could tie into wider changes planned along Market Street as well as
the existing infrastructure on Skimped Hill Lane. This provision is
welcomed and should be dedicated as highway as part of the S278
highway works required to form the entrances on Market
Street.
9.28 The doors to the cycle and
refuse stores should either be roller shutter type or open inwards
to ensure they do not conflict with a vehicle passing by within the
undercroft. The door to the commercial refuse store needs to be
increased in width to allow for access for the larger bins. The
parking spaces (9 and 10) in the undercroft
are tight to manoeuvre into and
out of due to the position of the space being adjacent to a pillar.
In reality this could lead to a vehicle parking outside of
the parking space which could restrict access for deliveries.
With the change to the doors to the stores it may be possible
for a vehicle to pass closer to the building safely and further
away from the parking bays allowing the bays to be repositioned
similar to those on the upper levels of the car park.
9.29 In relation to the
pedestrian route that runs adjacent to the southern boundary of the
site and links to the Peel Centre, the route is open on the Market
Street frontage and the inclusion of 1 tree does not remove the
potential for pedestrians and cyclists to conflict at this point.
Further alterations are required to this area and the details could
be conditioned.
9.30 More formal planting and
trees are required to direct pedestrians to the crossing point. The
design of the widened path across the site frontage to provide the
opportunity for a new cycleway along Market Street to be provided
will need to be designed in detail. This is because the
current controlled crossing is only suitable for pedestrians and so
cyclists will need to dismount at this point. Such matters
can be dealt with under a section 278 highways agreement .
However, the need to secure a revised adopted route from
Market Street to the Peel Centre of at least 3m wide to enable
future pedestrian and cycle access will need to be covered by an
obligation in a section 106 agreement. Such a route will need
to be defined through the open area proposed.
Parking
Commercial
parking
9.31 There are various uses
proposed within the use class being sought under this application
some of which may be more suitable for this location. The
current description of development currently includes the provision
of community type uses. Such uses bring with them specific patterns
of use with the potential for a lot of people to arrive over a
limited period. This could lead to a significant amount of
drop
off/pick up within the site
which could impact on the safe operation of the site. No
parking is proposed on site for the commercial uses. Any commercial
uses should be capable of being used safely without on site parking
or drop off facilities, Transport work that has been carried out by
the applicant has focussed on specific uses and floor areas and the
demand that could arise against our parking standards. These
uses include office, gym and food retail uses. It is
recognised that non-food retail uses may also occur within some of
the buildings proposed and for such scale the standard required is
the same as food retail.
9.32 The road design adjacent to
this unit within the site is such that indiscriminate parking would
not be possible as it would block the road and there is a loading
bay adjacent that would serve such a use. Parking on Market
Street is restricted, although there are some on street time
limited bays that provide some capacity. Further spaces are
to be provided once the Amber House development is complete and
this will provide some parking stock for the retail uses in the
area.
9.33 Such parking provision
along with on site management should help cater for demand for
parking and other nearby parking facilities could also be used.
With that in mind the Local Planning Authority3are advised to
consider restricting the scale of the food retail use to the floor
area indicated (318m2) to ensure the scale of the use
does not increase
demand too significantly on the
surrounding area.
9.34 In regard to the Gym use
that could occur on the site, this appears to be within blocks
B&C (Approx. 510m2) and this would require a total
of 13 parking spaces. Again, no parking is provided but such a use
could be accommodated within local car parks. Typical peak
demand for such a use occurs in the early morning and evenings
before or after more general peak demand has occurred and at
weekends when use varies throughout the day. It should also be
remembered that trips to such facilities may be linked with another
trip such as shopping or work. In that regard some of the
demand on the local car parks may in reality already be in place as
part of another trip.
9.35 Block D is a self-contained
block and appears to be set aside for an office use as well as
other community uses. An office type use as defined by the
applicant would generate the need for 67 parking spaces against BFC
parking standards and these would need to occur in nearby car
parks. This is not uncommon for such a
use and there would appear to be
capacity in many of the surrounding car parks to cater for such a
need. In addition, trips to such facilities are part of a
specific trip purpose and those making the journey will plan in
advance the mode of travel they wish to use when knowing what
options to travel are available. Furthermore,
with the location of the site in
close proximity to the rail and bus stations, along with the more
recent changes to working practices of office workers, the actual
demand that may arise from this specific use could be less. A
travel plan would be required for an office development of this
scale that could also help to control/reduce demand in the longer
term. This form of the building (multi storey) is such that this is
the most
realistic use.
9.36 Overall, it is felt that
the commercial uses on the site with specific controls and
restrictions as well as a travel plan are unlikely to lead to
operational issues or provide a demand on local car parking that
cannot be accommodated either as part of a specific trip or that
associated with a trip already made.
Residential Parking
9.37 The proposed site currently
provides a total of 89 parking spaces and two car club spaces (91
overall). 89 parking spaces equates to 0.53 spaces per dwelling.
This level of parking is below the 0.9 parking spaces per dwelling
average that is set out in the town centre parking standards. The
parking is made up of a small amount of parking at ground floor and
three levels of car parking access via a controlled ramp. Two
additional parking spaces are provided on site which are
specifically for a car club that will help increase the options for
residents who choose not to own a car but would like access to one.
Evidence suggests that for every car club space provided, the
equivalent of 9 parking spaces are realised. Taking this into
account the equivalent of 107 parking spaces would be provided
creating an equivalent ratio of 0.63 spaces per
dwelling.
9.38 This ratio is still lower
than the town centre standard and below parking levels provided on
similar sites in close proximity to this site. The Amber House site
provided an overall ratio of 0.89 spaces per dwelling and the
Coldborough House site provided a ratio of around 0.77 spaces per
unit, with the inclusion of 3 car club spaces to aid in making up
the shortfall in the ratio against current standards.
9.39 In respect of this
application, it is recognised that the shape of the site and the
inclusion of a major sewer running across the site are constraints
that could well impact on the parking provision that would be
possible on site. Furthermore, the planning considerations of
further decks to the car park need to be considered in terms of the
visual appearance of the scheme. Both these considerations
limit the potential for further parking on the site which would
reduce the reliance on any off site parking. Increasing the car
club spaces to three would help reduce the shortfall
slightly.
9.40 With the current scheme as
proposed, a ratio of 0.27 spaces per dwelling or the equivalent of
46 parking spaces would need to be accommodated in other lawful
areas. The applicant indicates that this would be in local car
parks near to the site but these are not within the application
site so cannot be controlled. As this is a joint venture site with
the applicant and the Council, if there is any form of planning
control that could deliver the remaining ratio off site in
perpetuity then the highway authority would be willing to provide
further comment. Whilst off-site provision may well be a
potential solution, the Highway Authority remains concerned at
present that such a departure from the current standards could set
a precedent for other residential developments around the town
centre and adjacent areas. This could lead to further
pressure on parking stock within the town centre over time or
overspill parking in the roads surrounding such developments. No up
to date survey information has been presented to support such a
departure.
9.41 From observations of
similar developments affordable housing generally has a lower
parking demand than private housing. However the level of
affordable housing within the site is no higher than policy
compliant (25%) and so the impact on likely parking demand is
expected to be nominal. The applicant has introduced some
motorcycle parking spaces within the car park deck on floors 1 and
2 and this
will provide 8 spaces for use by
the residents and this will provide an option for those who want an
alternative to a car.
9.42 A travel plan for the
residential development will be required and measures within such a
plan could help support alternative travel to the car such as free
bus or rail passes for new residents as well as discounted access
to the car club. Such measures could be investigated to further
support travel by non car modes and included in any revised Travel
Plan.
9.43 Disabled car parking has
been provided on site to the town centre standards with spaces
provided on all levels of the decked car park. However, it is noted
that the parking spaces on the upper levels of the car park do not
have the transition space adjacent to the driver’s side, it
is advised that this is altered and, in that regard, the
space adjacent would also have
the ability to be used by a disabled person, especially a passenger
in a vehicle.
9.443 A lift is to be included
within block B that can be accessed via the car park and this will
aid in any disabled person or parent with a push chair etc. gaining
safe and easy access out of the car park to the building
entrance.
9.45 A car park management plan
for the site will be required, not only to set out the control of
the access and traffic light system but also to set out how the
parking stock will be distributed across the development and how
future residents that would not be eligible for a parking space are
treated and informed prior to purchase. Parking spaces must be
fairly and reasonably controlled so as not to lead to future
residents being displaced and parking elsewhere. Furthermore no one
flat should have access to more than 1parking space or
permit.
9.46 It is recognised that
around the site there are suitable parking controls in place to
restrict long term parking and internal controls will also be in
place as secured through the car park management plan to restrict
parking. However, such restrictions are only as good as the
enforcement of them and unlike commercial uses which generally have
the greatest demand during the day, residential demand can occur
during the night. In that regard there is more potential for some
parking to be displaced onto the widened footway adjacent to the
site at night. Should such a situation arise then
further
physical measures may need to be
introduced to protect the route.
9.47 Overall, the Highway
Authority recognise the constraints this site has and this will
impact on the level of on site parking that can be provided. Whilst
flexibility has been given over the commercial uses concern is
still raised in relation to the precedent the residential element
may set if control of off site parking cannot be achieved. However
such matters should be considered in the round and balance the need
between levels of parking against other planning matters and the
delivery of housing.
Cycle parking
9.487 Parking to standards for
the residential element has been provided, however for the types of
rack proposed some minor alterations to the layout of the cycle
parking will be required. This can be dealt with by condition, with
details to be submitted prior to
commencement to ensure any minor
building changes that may be required are factored into the design
process. Cycle parking for the commercial uses will also be
conditioned.
Traffic Impact
9.49 Information submitted
indicates the level of trips is limited in the peak hours and
spread across the network assuming that some of the activity takes
place from town centre car parks as the applicant is relying on
parking occurring here for the residential and commercial elements.
The assessment also reflects the commercial uses set out in the
parking section above and in that regard, it is anticipated that
activity levels on Market Street from the site would generate
approximately 43 two way trips in both the AM and PM peak hour. A
further 53 two way trips and 94 two way trips in the AM and PM peak
hours respectively would be expected on the wider town centre
network from the remaining residential and commercial traffic. This
would be spread out across the wider road network and junctions
depending on which of the various routes are used to access the
various car parks. Furthermore the town centre regeneration
proposal did
previously consider development
on this site for various uses and although the consent has now
lapsed it does indicate that development on this site was
considered and the relevant junction improvements around the town
centre were delivered to provide suitable mitigation. It is also
recognised that this site has been included in the Emerging Local
Plan for residential development and so a consideration of the
impact into the future has also been undertaken. A financial
contribution to wider transport improvements will be sought to deal
with the cumulative impact of the development on the surrounding
network. Such matters will be dealt with via an agreement pursuant
to section 106 of the Town and Country Planning Act
1990.
Conclusion
9.50 The Highway Authority has
concerns about the residential parking provision for this proposal
and the precedent it could set for other residential development in
and surrounding the town centre. Should it be possible to lawfully
secure off site parking then this concern could be
overcome.
iv
Drainage
9.51 A Site- Specific Flood Risk
Assessment (FRA) has been undertaken for the proposed development.
This FRA has been prepared in compliance with guidance given in the
National Planning Policy Framework (NPPF) (February 2019) with the
latest relevant Planning Practice Guidance.
9.52 The FRA finds that
the
Environment Agency Risk of Flooding from Rivers and Sea map
indicates that the proposed development site is situated in Flood
Zone 1, which is an area of the lowest risk of flooding. The
overall risk of flooding from other sources at the site is
low. Therefore overall, the flood risk due to this
development is assessed to be low. Part of the site which includes
Block D included in the outline planning application is shown to be
located within an area at medium risk of flooding according to
Environment Agency Mapping. A surface water drainage strategy
has been submitted which demonstrates that flooding on site would
be contained within the site boundary, and that the flow path along
Market Street would not be impeded by the development. Hydraulic
modelling of the overland flow paths should be carried out before
the reserved matters for Block D are approved to ensure that
flooding is not increased elsewhere and that the development would
not be at significant risk of flooding.
9.53 A pre-application capacity
check has been sent to Thames Water to ascertain if they
have sufficient capacity
in their existing
sewers for the proposed
development. There is sufficient capacity for the surface
water system. Thames Water need to model the foul system to
confirm the capacity and will not proceed until planning permission
has been granted.
9.54 The proposed
development requires the diversion of existing surface water
sewers. Thames Water have given an Approval in Principle based on
preliminary information, but a detailed application will need to be
submitted to Thames Water for approval.
v Biodiversity
9.55 Green
infrastructure that allows for the permeability of the urban
environment for wildlife is important in this town centre location
as part of an ecological network. Requiring resilient ecological
networks is in line with paragraph 174 of the NPPF and LP16 of the
emerging Local Plan.
9.56 The existing
vegetation though poor in condition and mainly comprising
non-natives does still provide refuges and links both along Market
Street (north-south) and across what will become the plaza
(east-west) at the southern end of the site.
9.57 The current
design removes the soft ground of the plaza corridor and replaces
it with moveable planters. These are unlikely to provide the same
biodiversity value as the existing vegetation due to the limited
physical structure and removing the connection with the ground such
that most terrestrial species will be unable to use them. However a
strip of land is shown to be provided for a planted corridor along
the plaza.
9.58 Section 4.28 of
the Preliminary Ecological Appraisal (PEA) values the existing
scrub/shrub habitat for birds as low. However, given the urban
environment, this vegetation is likely to provide dense cover
suitable for nesting birds that is relatively uncommon in the local
area. The new planting on the western boundary may provide some
nesting habitat in the long term and the planting strip along the
southern boundary could also provide shrub cover in a continuous
band.
9.59 Section 5.9 of
the PEA suggests that bird boxes should be included within
landscaped areas as well as on buildings which would help in
supporting a wider range of species. New bird boxes may need to be
a free-standing design if all the existing trees are removed as
currently proposed and these should be shown on scaled landscape
drawings. New bird boxes on the buildings should use integrated
swift bricks at various heights which have been shown to
accommodate a number of different species.
9.60 The proposed
native hedgerow on the western boundary is welcome but it has much
reduced value if a large section in the middle is replaced with
climbers unless those produce fruit and flowers. This information
can be provided through a landscape condition. The PEA also
recommends the use of invertebrate habitat features within soft
landscaping in suitable, sunny locations.
9.61 The use of
moveable planters to provide tree planting over a relocated sewer
easement is innovative but there may be uncertainty over the long
term viability of these structures so they should be secured
through a S106 agreement.
9.62 Biodiversity
Impact Assessment predicts a net gain of 74.43% (0.68 units) based
on the provision of green roofs (biosolar), landscaping and street
trees. In addition, the design would provide 50 metres of new
hedgerow which is measured as a 100% increase, although there is an
existing low non-native hedgerow of 100 metres around the periphery
of the site which may provide some similar, though poorer function.
It is acknowledged that the predicted Biodiversity Net Gain is well in excess of the 10%
requirement.
vi Community Infrastructure Levy (CIL)
9.63 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.
9.64 CIL applies to
any new build (except outline applications and some reserved
matters applications that leave some reserved matters still to be
submitted), including extensions of 100 square metres of gross
internal floor space, or more, or new build that involves the
creation of additional dwellings.
9.65 CSDPD Policy
CS6 states that development is expected to contribute to the
delivery of: -
(a) infrastructure
needed to support growth and;
(b) infrastructure
needed to mitigate impacts upon communities, transport and the
environment.
9.66 Guidance in the
Planning Obligations SPD is relevant. Bracknell Forest Council
Community
Infrastructure Levy (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. It applies to any new build but in the case of outline
applications is calculated when reserved matters are submitted. In
the case of this application, CIL is calculated at the reserved
matters stage.
9.67 The application
site is within the Central Bracknell charging zone with a Nil
charging rate.
vii Thames Basin Heath Special Protection Area
9.68 The Council, in
consultation with Natural England, has formed the view that any net
increase in residential development between 400m and 5km
straight-line distance from the Thames Basin Heath Special
Protection Area (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.
An Appropriate Assessment has been carried out for this proposed
development in accordance with Conservation of Habitats and Species
Regulations 2017 (as amended).
9.69 This site is
located between 400m and 5km from the boundary of the SPA and
therefore is likely
to result in an adverse effect on the TBH SPA unless it is carried
out together with appropriate avoidance and mitigation
measures.
9708 On commencement
of the development, a contribution (calculated on a per-bedroom
basis) is to be paid to the Council towards the cost of measures to
avoid and mitigate against the effect upon the TBH SPA, as set out
in the Council's Thames Basin Heaths Special Protection Area
Supplementary Planning Document (SPD). 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 SPA and financial
contributions towards Strategic Access Management and Monitoring
(SAMM) measures. The Council will also make a contribution towards
SANG enhancement works through Community Infrastructure Levy (CIL)
payments whether or not this development is liable to CIL.
9.71 In this
instance, the development would result in a net increase of
55 x 1bedroom, 105 x 2-bedroom and 9 x 3-bedroom dwellings
within the 400m – 5km TBH SPA buffer zone which results in a
total SANG contribution of £756,422.
9.72 The development
is required to make a contribution towards Strategic Access
Management and
Monitoring (SAMM) of £105,691 which is also calculated on a
per
bedroom basis.
9.73 The total SPA
related financial contribution for this proposal is £862,113
payable on
completion of the s106 Agreement.
9.74 The applicant
must agree to enter into a S106 agreement to secure this
contribution and a restriction on the occupation of each dwelling
until the Council has confirmed that open space
enhancement works to a SANG is completed. Subject to the
completion of the
S106 agreement, the proposal would not lead to an adverse effect on
the integrity
of the SPA.
viii Provision of Affordable Housing
9.75 Saved
Local Plan Policy H8 states that the Council will require an
appropriate proportion of affordable housing on identified major
housing allocations and other sites where development would result
in a net increase of 25 or more dwellings, or on a site which is
over one hectare in size irrespective of the number of
dwellings.
9.76 The Planning
Obligations SPD makes reference to Policy CS17 (Affordable Housing)
of the Core Strategy along with the subsequent decision of the
Council Executive (March 2011). This sets out that proposals
providing 15 net additional homes will be required to meet a
provision of up to 25% of net new homes to be affordable, subject
to viability. With regard to tenure split, the Council will seek
70% to affordable rent and 30% to be intermediate housing.
9.77 The Application
seeks to deliver a policy compliant level (25%) of affordable
housing. The Scheme will deliver a total of 42 units, which will
come forward as 29 Affordable Rent Units and 13 Shared Ownership.
This equates to a policy compliant tenure split of 70% affordable
rented units and 30% intermediate housing.
9.78 Of the 42
affordable units proposed, 28 of the units are two bedroom units
and 14 one bedroom units.
9.79 The provision
of affordable housing will be secured through a S106 agreement.
10. CONCLUSIONS
10.1 The site is
within Bracknell town centre where development to meet a range of
needs including residential and Class E and F uses of offices,
retail, and a gym are considered to be acceptable in
principle. The site is proposed to be allocated in the
Emerging Local Plan for 141 dwellings net and 4,700sqm commercial
floorspace. The proposed development in this application is for 169
dwellings and 3549sq.m commercial floorspace and this is considered
to be broadly in line with the principles of the proposed
allocation. Affordable housing is to be provided to meet the
current policy requirement of 25% of units to be affordable with 29
to be affordable rent capped at social rent and 13 shared
ownership.
10.2 A total of 89
parking spaces will be provided on site within a decked car park
positioned behind blocks B and C with 82 parking spaces provided
off site within town centre car parks to give a total of 171
parking spaces to serve the development. There will also be 2 car
club spaces provided on site which can be assessed as increasing
the on-site provision by 18 spaces. Parking is provided at a ratio
of 0.51 spaces per dwelling taking into account on site parking
provision (without car club) and 0.63 spaces per dwelling including
the 2 car club spaces. When off site parking is taken into account
parking meets to town centre parking standard 0.9 spaces per
dwelling. Adequate cycle parking and refuse storage facilities are
provided.
10.3 The development
includes 4 blocks, ranging in height from 17 storeys at the
northern point, reducing to 6 storeys adjoining Amber House.
This is considered to be acceptable on this town centre site.
10.4 The proposal
would not adversely affect the residential amenities of
neighbouring
occupiers and
acceptable living conditions would be provided for future occupiers
of the dwellings.
10.5 The development
will be set back from Market St behind a landscaped strip to
include trees within planters and includes an enhanced walkway from
Market St to the Peel Centre. The courtyards between blocks A
and B and between blocks C and D allow for spacing between
buildings and views into the site and will include hard and soft
landscaping. An area of open space for residents is also
included behind block A. Although the site currently includes
trees, which will be removed, they are not trees of significant
quality and the development does allow for a structures landscaping
strategy to be provided to enhance the landscaping of the site.
10.6 Biodiversity
Net Gain will be well in excess of the 10% requirement.
10.7 A legal
agreement pursuant to S106 of the Town and Country Planning Act
1990 is required to secure contributions for SPA mitigation,
affordable housing, Biodiversity Net Gain, a Travel Plan and
highway requirements.
10.8 The application
is therefore recommended for approval, subject to the completion of
a section 106 agreement. It is therefore considered that the
proposed development complies with Development Plan Policies SALP
Policy CP1, CSDPD Policies CS1, CS2 and CS7, BFBLP 'Saved' Policies
EN20 and M9, and the NPPF.
11. RECOMMENDATION
Following the completion of
a legal agreement under section 106 of the Town and Country
Planning Act 1990 to secure planning obligations
relating
to:
i. Measures to avoid and
mitigate the impact of residential development upon the
Thames Basins Heath
SPA
ii. provision of the agreed
standard of affordable housing;
iii terms to ensure that the outline part of
the application maintains the predicted biodiversity net gain in
Reserved Matters.
iv terms to secure
contribution for monitoring biodiversity net gain for 30 years
(0.31 ha)
v Terms to secure
maintenance and replacement of moveable planters for the life of
the development
vi
The requirement to enter into legal
agreements pursuant to section 278 and section 38 of the Highways
Act 1980 for the highway works along Market Street to create
vehicle access and a widened footway as well as providing a new
public link to the Peel Centre suitable for pedestrians and
cyclists.
vii A
financial contribution towards transport infrastructure to mitigate
the impact of the development.
viii A
financial contribution towards a new Traffic Regulation Order in
relation to a movement restriction at the new egress to the site at
the northern end of the site.
ix
A travel plan for the commercial and
residential elements of the proposal.
x. A financial
contribution towards Active and Passive Open Space of Public
Value
xi
A financial contribution towards
community facilities
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.
Applications for approval of
the first Reserved Matters shall be made to the Local Planning
Authority before the expiration of three years from the date of
this permission. REASON: To comply with Section 92 of the Town and
Country Planning Act 1990
.
02. The development approved by Reserved
Matters shall begin no later than the expiration of three years
from the final approval of the reserved matters for that Phase, or,
in the case of approval on different dates for a single Phase, the
final approval of the last such matter to be approved.
REASON: To comply with Section 92 of the Town and
Country Planning Act 1990.
03. No development shall take place until a
plan identifying the extent of each Phase or Sub-phase has been
submitted to and approved in writing by the Local Planning
Authority.
REASON: In the interests of the proper planning
and comprehensive delivery of the site and associated
infrastructure.
[Relevant Policies: BFBLP EN20, CSDPD CS5 and
CS7]
04. Phase 1 of 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.
05. The development hereby
permitted shall be carried out only in accordance with the
following approved plans received by the Local Planning Authority
on 17.12.2021
MAR-CGL-ZZ-ZZ-DR-A-000001 R2
MAR-CGL-ZZ-00-DR-A-050001 R5
MAR-CGL-ZZ-01-DR-A-050002 R3
MAR-CGL-ZZ-02-DR-A-050003 R3
MAR-CGL-ZZ-03-DR-A-050004 R3
MAR-CGL-ZZ-03-DR-A-050005 R2
MAR-CGL-ZZ-03-DR-A-050006 R2
MAR-CGL-ZZ-03-DR-A-050007 R2
MAR-CGL-ZZ-03-DR-A-050008 R2
MAR-CGL-ZZ-03-DR-A-050009 R2
MAR-CGL-ZZ-03-DR-A-050010 R3
MAR-CGL-ZZ-03-DR-A-050011 R3
MAR-CGL-ZZ-03-DR-A-050012 R3
MAR-CGL-ZZ-03-DR-A-050013 R3
MAR-CGL-ZZ-03-DR-A-050014 R3
MAR-CGL-ZZ-03-DR-A-050015 R2
MAR-CGL-ZZ-03-DR-A-050016 R2
MAR-CGL-ZZ-03-DR-A-050017 R2
MAR-CGL-ZZ-LG-DR-A-050000 R2
MAR-CGL-ZZ-RF-DR-A-050018 R2
MAR-CGL-ZZ-ZZ-DR-A-000003 R2
MAR-CGL-ZZ-ZZ-DR-A-060001 R4
MAR-CGL-ZZ-ZZ-DR-A-060002 R4
MAR-CGL-ZZ-ZZ-DR-A-060003 R3
MAR-CGL-ZZ-ZZ-DR-A-060004 R4
MAR-CGL-ZZ-ZZ-DR-A-060005 R2
MAR-CGL-Z1-ZZ-DR-A-060100 P2
MAR-CGL-Z1-ZZ-DR-A-060101 P2
MAR-CGL-Z1-ZZ-DR-A-060102 P2
MAR-CGL-Z1-ZZ-DR-A-060103 P2
MAR-CGL-ZZ-00-DR-A-050200 R4
MAR-CGL-ZZ-00-DR-A-050201 R4
MAR-CGL-ZZ-00-DR-A-050204 R4
MAR-CGL-ZZ-01-DR-A-050202 R3
MAR-CGL-ZZ-01-DR-A-050203 R2
MAR-CGL-ZZ-00-DR-A-050100 R5
MAR-CGL-ZZ-ZZ-DR-A-060100 R4
MAR-CGL-ZZ-ZZ-DR-A-060101 R4
LN00625 L-100 P07
LN00625 L-101 P11
Market Street Flood Risk Assessment And Drainage
Strategy (including SuDS Assessment)
Former Bus Depot Site, Market Street Energy Statement
Former Bus Depot Site, Market Street Sustainability Statement
REASON: To ensure that the development is carried
out only as approved by the
Local Planning Authority.
06 No development above
slab level for each phase shall take place until samples of the
materials to be used in the construction of the external surfaces
of the development hereby permitted, to include bricks and roof
materials 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, Core Strategy DPD
CS7]
07.Prior to the commencement of development for
each phase details are to be submitted and approved in writing by
the Local Planning Authority, to accommodate the
following:
(a) Parking of vehicles of site personnel,
operatives and visitors
(b) Loading and unloading of plant and
vehicles
(c) Storage of plant and materials used in
constructing the development
(d) Wheel cleaning facilities
(e) Temporary portacabins and
welfare for site operatives
and each facility shall be
retained throughout the course of construction of the
development, free from any impediment to its
designated use. No other areas on the site, other than those in the
approved scheme shall be used for the purposes listed (a) to (e)
above
REASON: In the interests of amenity and road
safety.
08. A landscape and ecological management
plan (LEMP) shall be submitted to, and approved in writing by, the
Local Planning Authority prior to the practical completion of each
phase of the development. The content of the LEMP shall include the
following:
a) Description and evaluation
of features to be managed
b) Ecological trends and
constraints on site that might influence management
c) Aims and objectives of
management
d) Appropriate management
options for achieving aims and objectives
e) Prescriptions for management
actions
f) Preparation of a work
schedule (including an annual work plan capable of being rolled
forward over a five-year period)
g) Details of the body or
organization responsible for implementation of the plan
h) On-going monitoring and
remedial measures
The LEMP shall also include details of the legal
and funding mechanism(s) by which the long-term implementation of
the plan will be secured by the developer with the management
bodies responsible for its delivery. The plan shall also set
out (where the results from monitoring show that conservation aims
and objectives of the LEMP are not being met) how contingencies
and/or remedial action will be identified, agreed and implemented
so that the development still delivers the fully functioning
biodiversity objectives of the originally approved
scheme.
The approved plan will be
implemented in accordance with the approved details.
REASON: In the interests of
nature conservation.
[Relevant Plans and Policies:
Core Strategy CS1]
09.Prior to the commencement (excluding
demolition) of each phase a scheme for the provision of
biodiversity enhancements (not mitigation), including a plan or
drawing showing the location of these enhancements, shall be
submitted to and approved in writing by the Local Planning
Authority. An ecological site inspection report shall be submitted
within three months of the first occupation of any dwelling hereby
approved confirming the implementation of the approved enhancement
measures.
The approved scheme shall be
performed, observed and complied with.
REASON: In the interests of
nature conservation.
[Relevant Plans and Policies:
Core Strategy CS1]
10. Prior to the commencement of each phase
(including demolition and site clearance) a Construction
Environmental Management Plan (CEMP) to control the environmental
effects of the demolition and construction work shall be submitted
to and approved in writing by the Local Planning Authority. The
CEMP shall include measures for: -
(ï) - the
control of noise (including noise from any piling and permitted
working hours)
(ii) control of
dust, smell and other effluvia
(iii) the control of pests
and other vermin (particularly during site clearance)
(iii) control of surface
water run off
(iv) site security arrangements
including hoardings
(v) proposed method of
piling for foundations
(vi) construction and demolition
working hours
(vii) The control of noise from
delivery vehicles, hours during the construction and demolition
phase, and times when delivery vehicles or vehicles taking
materials are allowed to enter or leave the site.
Construction activity shall be carried out in
accordance with the approved CEMP.
REASON: In the interests of the
amenities of the area.
11.Prior to the occupation of
each phase of the development hereby permitted comprehensive
details of both hard and soft landscaping works shall be submitted
to and approved in writing by the Local Planning Authority. These
details shall include:
a)
Comprehensive planting plans of
an appropriate scale and level of detail that provides adequate
clarity including details of ground preparation and all other
operations associated with plant and grass establishment, full
schedules of plants, noting species, and detailed plant sizes/root
stock specifications, planting layout, proposed numbers/densities
and locations.
b) Details of semi mature tree
planting.
c) Comprehensive 5 year post
planting maintenance schedule.
d) Underground service (drainage, power,
communications cables, pipelines etc. indicating lines, manholes
etc.) and external lighting layout to include existing reused and
proposed new routes.
e) Means of enclosure (walls
and fences etc)
f) Paving including pedestrian open spaces, paths,
patios, proposed materials and construction methods, cycle routes,
parking courts, play areas etc. and
Prior to the occupation of each phase of the
development hereby permitted, all planting associated with that
phase 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 phase of the
development or prior to the occupation of any part of the approved
development, whichever is sooner. All hard landscaping works
associated with a phase of the development shall be carried out and
completed prior to the occupation of that phase 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 by the Local Planning Authority
REASON: In the interests of good landscape design
and the visual amenity of the area.
[Relevant Policies: BFBLP EN2 and EN20, CSDPD
CS7]
12.The development hereby permitted shall be
implemented in accordance with the submitted Sustainability
Statement and shall be retained in accordance therewith.
[Relevant Policy: Core Strategy DPD
CS10]
13.The development hereby permitted shall be
implemented in accordance with the submitted Energy Statement and
shall be retained in accordance therewith.
REASON: In the interests of
sustainability and the efficient use of resources.
[Relevant Plans and Policies:
CSDPD Policy CS12]
14. No development (other than the construction of
the access or any temporary access required for the construction
period) shall take place until the access to the site has been
constructed in accordance with details to be submitted to and
approved in writing by the Local Planning Authority.
REASON: In the interests of
highway safety.
[Relevant Policies: Core
Strategy DPD CS23]
15. No dwelling or building shall be occupied
until a means of access for pedestrian/cycle access including full
details of the ramp to the western boundary has been constructed in
accordance with details which have been submitted to and approved
in writing by the Local Planning Authority.
REASON: In the interests of accessibility and to
facilitate access by cyclists and/or pedestrians.
[Relevant Policies: BEBLP M6,
Core Strategy DPD CS23]
16. Prior to the occupation of each phase of the
development, the associated vehicle parking and turning space shall
be surfaced and marked out in accordance with a scheme to be
submitted to and approved in writing by the Local Planning
Authority. The spaces shall not thereafter be used for any purpose
other than parking and turning.
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]
17. Each phase of the development permitted
shall not be occupied until:
(a) details of the location of
visitor car parking spaces associated with that phase,
and
(b) details of the signing for
the spaces
have been submitted to and approved in writing by
the Local Planning Authority.
The visitor car parking spaces shall be provided
and signed in accordance with the approved details and the spaces
and signage shall thereafter be retained.
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]
18. Prior to the occupation of each phase of
the development a scheme shall be submitted to and approved in
writing by the Local Planning Authority for covered and secure
cycle parking facilities. Each phase of the development shall not
be occupied until the approved scheme has been implemented. The
facilities shall thereafter be retained.
REASON: In the interests of
accessibility of the development to cyclists.
[Relevant Policies: BFBLP M9,
Core Strategy DPD CS23]
19. Prior to commencement (excluding demolition)
of each phase details showing the finished floor levels of the
building hereby approved in relation to a fixed datum point are to
be submitted to and approved in writing by the Local Planning
Authority and the development shall be carried out in accordance
with the approved details.
REASON: In the interests of the
character of the area.
[Relevant Policies: BFBLP EN20,
Core Strategy DPD
CS7]
20. The dwellings hereby approved shall not be
occupied until a noise mitigation scheme for protecting the
proposed dwellings from road noise has been submitted to and
approved by the Local Planning Authority.
The noise mitigation measures shall be installed,
retained and maintained thereafter in accordance with the approved
scheme
REASON: To protect future
residents from external noise.
[Relevant Policies: BFBLP EN25]
21. The dwellings hereby approved shall not be
occupied until a scheme for the protection of the occupiers of the
proposed dwellings located above the commercial units from noise
from the commercial units below has been submitted to and approved
by the Local Planning Authority. Any works which form part of the
scheme approved by the Local Planning Authority shall be completed
before any permitted dwelling is occupied and thereafter shall be
retained.
REASON: To ensure that the amenities of the future
residents is not adversely affected by noise.
[Relevant Policies:, BFBLP EN25]
22. The dwellings hereby approved shall not be
occupied until details of plant and equipment including air
conditioning units or chiller units have been submitted to and
approved in writing by the Local Planning Authority. The
details should include a noise assessment. The noise
generated from the plant and equipment whilst in operation shall
not cause the existing background noise level to increase whilst in
operation measured in accordance with BS4142:2014. The plant
and equipment shall be installed and operated in accordance with
the approved scheme.
REASON: To ensure that the proposed development
does not prejudice the enjoyment of neighbouring occupiers of their
properties.
[Relevant Policies: BFBLP EN25]
23. The development hereby permitted shall not be
begun until a plan showing visibility splays 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. The visibility splays 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: Core Strategy DPD
CS23]
24. The development hereby permitted shall not be
begun until a scheme for the internal design of the car park has
been submitted to and approved in writing by the Local Planning
Authority and shall include details of:
(a) directional signs and
their locations
(b) surface
markings
(c) pedestrian routes
within the car park
(d) location and design of
cycle parking and motorcycle parking (including bollards to control
parking areas), details of the car park control system and scheme
of operation
(e) car parking for people
with disabilities including signage
(f) gradients of the
pedestrian and access routes
The approved scheme shall be implemented prior to
the car park being first brought into use and shall thereafter be
retained.
REASON: In the interests of the accessibility and
safety of the car park users.
[Relevant Policies: BFBLP M9, Core Strategy DPD
CS23]
25. No unit shall be occupied until the vehicle
parking and turning spaces have been surfaced and marked out in
accordance with a scheme to be submitted to and approved in writing
by the Local Planning Authority. The spaces and turning areas shall
not thereafter be used for any purpose other than parking and
turning.
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]
26. No commercial unit shall be occupied
until a scheme has been submitted to and approved in writing
by the Local Planning Authority for covered and secure cycle
parking facilities (including shower facilities and lockers for
employees). The facilities shall thereafter be retained.
REASON: In the interests of accessibility of the
development to cyclists.
[Relevant Policies: BFBLP M9, Core Strategy DPD
CS23]
27. No gates shall be provided at the vehicular
access to the site.
REASON: In the interests of highway
safety.
[Relevant Policies: Core Strategy DPD
CS23]
28. The development hereby permitted shall not be
begun until a scheme has been submitted to and approved in writing
by the Local Planning Authority for off site highway works
including the following:
Market Street
The buildings constructed in the course of the
development shall not be occupied/open for trade until the off site
highway works have been completed in accordance with the
scheme.
REASON: In the interests of highway
safety.
[Relevant Policy: BFBLP M4]
29. No unit shall be occupied until details of a
scheme to allocate parking spaces between units within blocks and a
system for enforcing the parking scheme has been submitted to and
approved by the Local Planning Authority.
REASON: In order 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]
30 Development of Block D shall not commence until
the results of hydraulic modelling of the overland flow paths have
been submitted to and approved by the Local Planning
Authority.
REASON: In order to ensure the provision of
adequate drainage works to the serve the development.
[Relevant Policy: BWLP WLP6]
In the event of the S106 agreement not being
completed by 31st March 2022, the Assistant Director:
Planning be authorised to either extend the period further or
refuse the application for the following reasons: -
01
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).
02 The proposed
development would unacceptably increase the pressure on highways
and transportation infrastructure and public open space. In
the absence of a planning obligation in terms that are satisfactory
to the Local Planning Authority, and which secure contributions
towards integrated transport and highway measures, open space and
community facilities, the proposal is contrary to Policies R5 and
M4 of the Bracknell Forest Borough Local Plan and CS6, CS8, and
CS24 of the Core Strategy Development Plan Document and to the
Planning Obligations SPD and the NPPF.
03 In the absence of
a planning obligation to secure affordable housing in terms that
are satisfactory to the Local Planning Authority, the proposal is
contrary to Policy H8 of the Bracknell Forest Borough Local Plan,
Policies CS16 and CS17 of the Core Strategy Development Plan
Document, the Planning Obligations SPD, the resolution on
affordable housing made by BFC Executive on 29 March 2011, and the
NPPF
04. The Local Planning Authority has acted positively and
proactively in determining this application by identifying matters
of concern within the application (as originally submitted) and
negotiating, with the Applicant, acceptable amendments to the
proposal to address those concerns. As a result, the Local
Planning Authority has been able to grant planning permission for
an acceptable proposal, in accordance with the presumption in
favour of sustainable development, as set out within the National
Planning Policy Framework.
05. The applicant is
advised that the following conditions require discharging prior to
commencement of development:
03, 07, 09, 10, 15, 20, 24, 25, 29, 31
The following conditions require discharge prior
to development above slab level:06,
The following conditions require discharge prior
to the occupation of the dwellings hereby approved:11, 16, 17, 18,
19, 21, 22, 23, 26, 27, 30.
No details are required to be submitted in
relation to the following conditions; however they are required to
be complied with 01, 02, 04, 05, 12, 13, 28.
The following conditions
require discharge prior to completion of each phase of development:
08.
Doc.
Ref:Uniform
7/DC/Agenda
The application
file to which this report relates can be viewed at the Council's
Time Square office during office hours
or online at
www.bracknell-forest.gov.uk
