OFFICER
REPORT
1.
SUMMARY
1.1 The
proposal relates to the change the use of an Ancient Woodland
measuring 2.75 hectares into a Suitable Alternative Natural
Greenspace (SANG). Public access would be provided by an informal
footpath that will pass through a limited part of the woodland.
Access would be gained from the east, linking to the existing
footpath network on the neighbouring Cabbage Hill SANG.
1.2 The
SANG would provide an area of recreational space to mitigate any
potential impact which could arise from new residential
developments in the local area on the Thames Basin Health Special
Protection Area (SPA). Upon delivery, the Council would be likely
to take ownership of the woodland along with a management and
maintenance financial sum, and the SANG would be safeguarded in
perpetuity.
1.3 The
proposal is considered to sufficiently mitigate any potential
adverse impacts on the woodland from allowing public access, and
the woodland would benefit from being brought under resourced
management. The local community would benefit by being able to
visit this woodland, and the resultant health, wellbeing and
educational benefits that this would bring.
1.4 Subject
to appropriate conditions, and future management and maintenance
secured by planning obligation, this proposal is recommended for
approval.
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RECOMMENDATION
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The Head of
Planning be authorised to grant planning permission subject to the
conditions in Section 10 of this report following the completion of
a Section 106 legal agreement.
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2
REASON FOR REPORTING THE APPLICATION TO THE ADVISORY PLANNING
COMMITTEE
2.1 The
application is being reported to the Advisory Planning Committee as
more than five objections have been received.
3
PROPOSAL
3.1 The
site comprises privately-owned ancient semi-natural woodland,
designated as Ancient Woodland, known as Long Copse. This
application seeks full planning permission for the change of use of
land to publicly accessible Suitable Alternative Natural Greenspace
(SANG). This site is adjacent to and would extend the recently
created SANG at Cabbage Hill, Warfield, which was delivered as part
of the Woodhurst Park development (ref. ‘Relevant planning
history’ below). The proposal would link to the wider Cut
Countryside Corridor SANG (currently over 20ha in size).
3.2 The
site forms part of the Warfield strategic development site, which
is allocated for the comprehensive mixed use development for 2,200
dwellings, and supporting infrastructure, in Policy SA9 of the
Bracknell Forest Site Allocations Local Plan (SALP) (adopted July
2013). This strategic policy is supported by the site-specific
guidance set out within the Warfield Supplementary Planning
Document (SPD) and development within this particular area is
further guided by the Warfield Area 2 Masterplan.
3.3 The
purpose of SANG is to provide alternative open space to avoid any
potential impacts from recreation, which could arise from
residential development in the local area, on the Thames Basins
Heaths Special Protection Area (SPA), which is situated
approximately 4.5km to the south of the site.
3.4 The
proposed SANG could provide SPA mitigation for at least 149
dwellings located between 400m and 7km of the SPA and within 5km of
this site. The SANG could provide mitigation for residential
development within the Policy SA9 site allocation, however the
submitted Design and Access Statement (DAS) states that this SANG
will provide mitigation for a proposed development at Home Farm
(ref. ‘Relevant Site History’), which is located
approximately 0.4km to the north of this proposal, immediately
north of Forest Road.
3.5 Given
that this SANG is not limited to providing the proposed development
at Home Farm with SANG, this application is to be determined on the
basis of it being a standalone SANG. In the event that the Home
Farm development would use this SANG as SPA mitigation, it would be
for that development application to propose suitable access.
3.6 The
planning application comprises the following elements, to meet the
standards of SANG required by Natural England:
- Access
into the woodland from the eastern boundary, connecting to the
Cabbage Hill SANG;
- The
formation Installation of a 1.5m wide informal meandering footpath,
comprising woodchip and timber edge restraints – informed by
an ecological assessment and tree survey, that connects to the
existing SANG path network;
- Access
gates within existing fence line, and timber bridges over a ditch
line, providing access from Cabbage Hill SANG;
-
Retention of the existing perimeter fencing, to encourage use of
the dedicated route and discourage free-roaming over other areas of
the woodland;
-
Installation of information boards and signage;
- Removal
of non-native invasive vegetation;
- Removal
of human-derived rubbish and scaffold structure;
-
Installation of bird and bat boxes;
- Minimal
removal of deadwood and tree management;
- The
SANG Management Plan to incorporate a woodland management plan for
appropriate management for the Ancient Woodland;
-
Measures to discourage deviation off the defined woodland path;
and
- Use of
the land for the purpose of SANG and the management and
maintenance, in perpetuity, to be secured by Section 106 legal
agreement.
3.7 No car
parking, in addition to that currently provided as part of the
adjoining Cabbage Hill SANG, is proposed within this
application. A financial contribution equivalent to 3 spaces
would be sought towards the planned expansion of the Cabbage Hill
car park and secured through a s106 agreement.
3.8 During
the course of the assessment of this application a number of
amendments to drawings and supporting documents have been made to
address matters raised by internal consultees, in particular
related to arboricultural and biodiversity issues. With reference
to figures 1 and 2, the extent of the path has been reduced
significantly, in order to minimise any potential adverse impact on
the woodland, whilst meeting Natural England’s standards for
SANG.
3.9 In the
event of approval, the development would be subject to the
completion of a Section 106 agreement which would secure the
provision of the SANG and management and maintenance in perpetuity.
For the Council to take on the in perpetuity management of the
SANG, the developer would need to pay a financial contribution to
the Council (usually on transfer of the land to the Council).
3.10
Figure 2 below shows the site in the context of other SANG near to
the site; the majority of which are open for public use.
3.11
The proposal would link to the wider Cut Countryside Corridor SANG
(currently over 20ha in size). According to the Thames Basin Heaths
SPA Delivery Framework (2009), SANGs of over 20 ha have a catchment
of 5km. This means that any development allocated to this SANG must
lie within 5km of it; however, developments with a net increase of
less than 10 dwellings do not need to be within a specified
distance of a SANG.
Figure 2: Other SANG
near to the site (proposed and implemented)
4
SITE AND THE SURROUNDING AREA
4.1 The
application site is located on the northern edge of Bracknell,
approximately 1.5km from the edge of Bracknell town centre, in the
parish of Warfield.
4.2 The
site is a long, narrow strip of woodland (approximately 80m x
415m), covering an area of 2.75ha, and is adjacent to the existing
Cabbage Hill SANG. The site is designated as Ancient Woodland and
is protected by Tree Preservation Order (TPO) ref: TPO/99/W1. The
site contains numerous mature English Oak, Cherry and Wild Service
trees, in addition to an understorey of Hazel coppice with old tree
stumps, making for a site of distinct character. The site is
perched at a high point in the local landscape, and the land slopes
gently southwards.
4.3 The
site is bounded by areas of SANG grassland and woodland to the
east, modern residential housing to the south and pastoral land to
the north and west.
4.4 The
site is on land outside of settlement that is designated a Local
Wildlife Site. The land is identified as Grade 3 Agricultural land
and is located within Flood Zone 1 (low flood risk).
4.5 As
shown in figure 3 below, the application site forms a part of the
‘Land at Warfield’ urban extension allocated under
Policy SA9 of the Site Allocations Local Plan (SALP) for 2,200
dwellings.
Figure 3: The site is
outlined in red, shown on the SALP Policy SA9 illustrative concept
plan (p38) (the key identifies the site area (dark green) as
‘Key existing trees / planting to be retained’
5.
RELEVANT SITE HISTORY
5.1 There
is no relevant planning history to this site, however beyond the
application site, the following applications are relevant:
5.2
Within wider SALP Policy SA9 boundary
i.
13/01007/OUT – Land North of Harvest Ride and South of Forest
Road and East of West End Lane: Outline planning application for up
to 750 residential dwellings (with a minimum of 675 dwellings)
including 60-bed senior living scheme; new two form-entry primary
school; formal and informal open space; associated landscaping;
works to river cut and provision of new north-south link road. (All
matters reserved except for means of access to the development);
and Full planning application for the development of Phase 1 at the
southwestern corner of the site for the erection of 87 residential
dwellings (87 of the 750 dwellings described above) with associated
open space, parking and landscaping; creation of two new access
points off Harvest Ride and provision of north-south link road
between Harvest Ride and Forest Road – Approved 2014. This
development provided the Cabbage Hill SANG which this site adjoins
and would extend.
5.3 Beyond SA9 boundary
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20/00802/OUT – Home Farm, Forest Road, West End, Warfield,
Bracknell, Berkshire RG42 5RS: Outline application for up to 197
dwellings and convenience store (Class E) with new roundabout and
associated access from Forest Road – Refused November 2021.
The applicant has submitted a notification of intention to appeal
the decision.
5.4 It is
this proposal that the submitted Design and Access Statement (DAS)
states would be served by this SANG should this application be
approved. This site is located immediately to the north of Forest
Road, across the road from the northern entrance to Cabbage Hill
SANG. The application provides for pedestrian connectivity to this
SANG.
6
REPRESENTATIONS RECEIVED
6.1 10
representations were received, comprising 9 objections (from 8
properties and includes a representation from ‘Keep West End
Green Campaign’). and 1 in support. A summary of matters
raised in respect of the proposal is set out below.
6.2 Comments Supporting:
i. This
will greatly improve the management of this copse. The woodland on
the Cabbage Hill SANG has been used to educate young and old about
our natural woodlands and how to help protect them whilst
introducing children and parents to the wonders of the natural
habitat on their doorstep.
6.3 Comments Objecting:
- The
SANG is unnecessary.
- Opening
up this woodland for public access, with people and their dogs,
will damage the woodland.
- The
proposal will have an adverse impact on biodiversity.
- This
area is already over-developed, which has led to a loss of
identity.
- The
proposed Home Farm development, this SANG is proposed to serve,
will have a further adverse impact on biodiversity.
- The
SANG at Cabbage Hill is now little more than a grassland area for
dog walking, with many wild plant species having been removed,
resulting in a loss of bird and insect life.
-
Development in the area has already led to a significant loss of
countryside and habitat for flora and fauna.
- This
SANG is a ‘sweetener’ to allow development at Home
Farm.
- Long
Copse provides a refuge for wild animals and birds and is a
bluebell wood. This land should be protected, not opened up for
public use. There are already woodland walks incorporated in the
Cabbage Hill SANG adjoining Long Copse.
- Unclear
why more areas are needed for dog walking. The behaviour of dog
walkers shows no respect for existing properties in the
locality.
- Further
development will lead to increased anti-social behaviour, such as
littering and suspicious activity in the SANG car park.
- This
will lead to more speeding traffic and car parking on West End
Lane.
-
Development will lead to increased traffic congestion and safety
issues, particularly on Forest Road.
-
Existing areas of open space are already abused and mismanaged, so
more shouldn’t be added.
- Horse
riders would have nowhere to go.
6.4
Summary of consultation responses
Warfield Parish Council
Recommend Refusal for the following
reason:
i.
Concern regarding the potential impact on the biodiversity and
natural habitat of the woodland.
Biodiversity
Officer: No objections subject to conditions and s106
agreement. Comments addressed in report.
Tree
Officer: No objection, subject to conditions. Comments
addressed in report.
Highways
Officer: No objection in principle. Comments addressed in
report.
SPA
Officer: No objection, subject to s106 agreement. Comments
addressed in report.
Natural England: No objection, subject
to the SANG being secured by conditions or planning
obligations.
7
MAIN POLICIES AND OTHER DOCUMENTS RELEVANT TO THE
DECISION
7.1 The
primary strategic planning considerations applying to the site,
associated policies and guidance are:
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Development Plan
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National Planning Policy
Framework (NPPF)
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General
policies
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CP1, SA9 –
SALP, CS1 – CSDPD
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Consistent
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Design
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Saved policy EN20
– BFBLP; CS7 – Core Strategy,
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Consistent
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Amenity
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EN20 –
BFBLP; CS7 – Core Strategy
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Consistent
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Highways
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M4; M6 –
BFBLP; CS24 – Core Strategy
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Consistent
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Trees, Landscape
and Biodiversity
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Saved policies
EN1, EN2, EN3 and EN20 (ii) of BFBLP, CS1 and CS7 (iii) of
CSDPD
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Consistent
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Supplementary Planning Documents (SPD)
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- Warfield SPD (2012)
- Thames Basin Heaths Special Protection Area
Avoidance and Mitigation SPD (March 2012)
- Planning Obligations SPD (February 2015)
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Other publications
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National Planning
Policy Framework (NPPF)
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8
PLANNING CONSIDERATIONS
8.1 The key issues for consideration
are:
i.
Principle of development
ii.
Design and impact on trees
iii. Design and
impact on biodiversity
iv.
Impact on landscape character
v.
Impact on residential amenity
vi.
Transport implications
vii.
Planning obligations (Section 106 legal agreement)
8.2 These issues are addressed in the
following sections of this report.
i.
PRINCIPLE OF DEVELOPMENT
8.3 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. This is reinforced by the NPPF which explains
that 'at the heart of the Framework is a presumption in favour of
sustainable development’ (Paragraph 10 refers) which should
be applied when making planning decisions. In terms of decision
making, Paragraph 11 explains that this means that developments
which accord with the development plan 'should be approved without
delay', and that 'where there are no relevant development plan
policies, or the policies which are the most important for
determining the application are out-of-date' that permission should
be granted unless ‘the adverse impacts of doing so would
significantly and demonstrably outweigh the benefits, or policies
of the NPPF indicate otherwise'. The policy advice of the NPPF is
supported by the National Planning Practice Guidance (NPPG). The
presumption in favour of sustainable development is reflected in
the Bracknell Forest Borough Council Site Allocations Local Plan
(SALP), Policy CP1 refers. This states that planning applications
which accord with the Development Plan should be approved without
delay unless material considerations indicate otherwise.
8.4 The
purpose of SANG is to mitigate the impact of residential
development within 5km of the site on the Thames Basin Heaths
Special Protection Area (TBHSPA). The importance of the Thames
Basin Heaths is recognised within the retained Policy NRM6 of the
South East Plan (Thames Basin Heaths Special Protection Area); the
Core Strategy - policies CS5 and CS14 refer; the SALP - policy SA9
refers; the Warfield SPD and the Bracknell Forest Thames Basin
Heaths SPA Avoidance and Mitigation SPD April 2018 (TBH SPD).
8.5 This
application would provide a 2.75 ha extension to the Cabbage Hill
SANG. The SANG would link to the wider Cut Countryside Corridor
SANG (currently over 20ha in size). According to the Thames Basin
Heaths SPA Delivery Framework (2009), SANGs of over 20 ha have a
catchment of 5km. This means that any development allocated to this
SANG must lie within 5km of it. This proposal does not lead to a
change in the catchment of the existing area of The Cut Countryside
Corridor SANG. The location of the proposed SANG in relation to
others within the vicinity is illustrated in figure 2 above.
8.6 The
site is located within the Warfield strategic development site
(SALP Policy SA9), allocated for the delivery of up to 2,200
dwellings. Policy SA9 states that development requires:
"Measures
to avoid and mitigate the impact of residential development upon
the Thames Basin Heaths Special Protection Area (SPA) in agreement
with the Council and Natural England. This will include provision
in perpetuity of on-site bespoke SANG of at least 8ha per 1,000 new
population. The preferred solution is for a SANG at Cabbage Hill.
Part of the solution could be off-site subject to agreement with
the Council and Natural England, and passing an Appropriate
Assessment. Further in perpetuity requirements include a financial
contribution towards Strategic Access Management and Monitoring and
any other measures that are required to satisfy Habitats
Regulations, the Councils Thames Basin Heaths SPA Avoidance and
Mitigation Strategy and relevant guidance."
8.7 Whilst
the submitted DAS states that this SANG will provide mitigation for
a proposed development at Home Farm (ref. ‘Relevant Site
History’); given that this development would only require
approximately 50 dwellings worth of SANG, this SANG could provide
mitigation for other residential development besides the Home Farm
scheme, which could include development within the Policy SA9
allocation.
8.8 Use of
the land as SANG and funding for its management and maintenance
would be secured in perpetuity (for a period of 125 years), by
Section 106 legal agreement. As a result, this proposal will
safeguard the woodland in perpetuity.
8.9 In
terms of development impacting Ancient Woodlands, NPPF, Para 180
states that “development resulting in the loss or
deterioration of irreplaceable habitats (such as ancient woodland
and ancient or veteran trees) should be refused, unless there are
wholly exceptional reasons, and a suitable compensation strategy
exists. In terms of what constitutes ‘exceptional
reasons’, it provides infrastructure projects as an example,
“where the public benefit would clearly outweigh the loss or
deterioration of habitat”.
8.10
The NPPF in para 92(c) recognises the role of safe and accessible
green infrastructure in enabling and supporting healthy lifestyles;
and states that planning decision-making should aim to achieve
this.
Other
material considerations
8.11
The Forestry Commission and Natural England’s ‘standing
advice’ for planning authorities in considering planning
applications affecting ancient woodland, ancient trees and veteran
trees, provides supplementary guidance to NPPF requirements.
8.12
The Warfield SPD provides guidance for planning applications
submitted within the SA9 allocation. Long Copse is shown on the
WSPD Concept Plan (figure 3) as ‘key existing trees/planting
to be retained”. WSPD Development Principle W6 states that,
in terms of mitigating the impact of development on the Thames
Basin Heaths Special Protection Area
“A bespoke solution
to avoid and mitigate any impacts arising from residential
development at Warfield will be delivered in accordance with an
Appropriate Assessment in agreement with Natural England. The
solution will deliver bespoke Suitable Alternative Natural
Greenspaces (SANG) provision to include the following on-site
provision unless an alternative scheme is agreed with the Council
and Natural England including:
·
A minimum area of 8 hectares per 1000 persons to be provided on
site at
Cabbage
Hill (including Long Copse) …as shown on the Concept
Plan.”
8.13
This Council-endorsed guidance provides in principle support for
Long Copse being used as SANG, whether it is used to mitigate SA9
development, or development elsewhere, subject to the avoidance and
mitigation measures passing an Appropriate Assessment and is agreed
with the Council and Natural England.
8.14
The site is included within the Warfield Area 2 Masterplan (A2M)
area (figure 4 shows), which shows Long Copse as being
‘existing woodland outside settlement boundary’. The
A2M develops into further detail and accords with Policy SA9 and
WSPD objectives; and therefore, the proposal is considered to be in
accordance with the A2M.
Figure 4: The site shown in an
extract from Warfield Area 2 Masterplan
8.15
In light of the assessment above, there is no objection to the
principle of the development, which could provide SPA mitigation
for and help facilitate a significant number of residential
dwellings in the borough, which is consistent with the NPPF's
presumption in favour of sustainable development.
8.16
Change of use of the land to SANG, with resourced management and
maintenance secured, would safeguard the Ancient Woodland, and
provide a valuable addition to the Borough’s accessible green
infrastructure, in perpetuity.
8.17
The impact of the development on the ancient woodland, the benefits
of health and wellbeing derived from enabling public access, and
other material considerations are set out below.
ii.
DESIGN AND IMPACT ON TREES
8.18
NPPF, Para 180 states that “development resulting in the loss
or deterioration of irreplaceable habitats (such as ancient
woodland and ancient or veteran trees) should be refused, unless
there are wholly exceptional reasons, and a suitable compensation
strategy exists. In terms of what constitutes ‘exceptional
reasons’, it provides infrastructure projects as an example,
“where the public benefit would clearly outweigh the loss or
deterioration of habitat”.
8.19
Local Policy EN1 provides for the protection of trees, stating that
“planning permission will not be granted for development
which would result in the destruction of trees… which are
important to the retention… of: (ii) the character and
appearance of the landscape…; or (iii) green links between
open spaces and wildlife heritage sites;…or (v) habitats for
local wildlife; or (vi) areas of historic significance.
8.20
The application site is classified by Natural England as an Ancient
Woodland and is protected by a confirmed woodland Tree Preservation
Order. The woodland contains a rich diversity of tree species
including but not limited to Oak, Ash, Cherry, Holly, Field Maple,
Hazel and the rarer Wild Service. Species vary significantly
in age, form and condition. They are complemented by many valuable
ground habitats such as fallen stems, old tree stumps and roots
plates, as well as extensive understorey flora (particularly
Bluebells which cover most of the woodland floor). All serve to
underpin its natural character and importance. These are all
essential to retain, safeguard and enhance.
8.21
The woodland also contains blocks of invasive, non-native
Rhododendron and Cherry Laurel and human-derived structures and
rubbish, which are all proposed to be removed as part of the
proposal, which would benefit the Ancient Woodland environment.
8.22
The potential disbenefits that could arise from allowing access
into an Ancient Woodland have been carefully considered. The
proposal strikes a balance between enabling a degree of public
access, so that the site can function as SANG whilst avoiding and
mitigating any adverse impacts that this could have on this
sensitive woodland environment.
8.23
The Council’s Tree Officer has been engaged throughout this
application; and advice received has been integral in shaping the
proposal. The primary consideration beyond implementation of any
path is the appropriate level of access to encourage through this
woodland. Much of the woodland’s character has developed and
been preserved because of its historic isolation and low
accessibility by the public. Whilst allowing a degree of public
access is a necessary requirement of a SANG, the concern is that
too much access could fundamentally erode and adversely affect its
long-term character and invaluable natural qualities. The
site contains many ageing, mature and veteran trees including a
number of very impressively sized mature Wild Cherries. Some are
partially collapsed, some decaying at their bases and some contain
many large dead branches. All are fundamentally important to
its character and acknowledged ecological value. Accordingly,
ongoing management needs to very sympathetic to this. The challenge
is that routeing a path through particularly sensitive areas,
including near trees in such condition could potentially create
issues of public health and safety, requiring a management approach
that could radically change the woodland. Some areas,
particularly in the northern most sector contain undisturbed
uprooted stumps and old stems. This is valuable habitat and
character which could be detrimentally affected by pressures from
public access.
8.24
The original application scheme showed an extensive path network
that provided direct access to a significant proportion of the
woodland, and the path did not appear to be informed by any tree or
ecological survey. This raised significant concerns regarding
potential arboricultural and ecological impact on the woodland.
After raising these concerns, the applicant has conducted tree and
ecological surveys and has worked extensively with Council officers
to keep any adverse impact on the woodland to a minimum, whilst
facilitating a limited degree of public access to fulfil its role
as a SANG. This has resulted in a path route that is significantly
shorter in length, and follows a ‘line of least impact’
that is informed by tree and ecological surveys and a site visit
with the applicant’s team to plot the route on foot to ensure
that no detail was missed. The resultant route, subject of this
recommendation, is shown indicatively in figure 1 above, and
plotted on the submitted Woodland Management / Enhancement Plan,
that is also appended to the submitted SANG Management and
Maintenance Plan.
8.25
In addition to the route of the path, the design and construction
of the path and bridges, to span the ditches, providing access need
careful consideration. The path construction is required be
sympathetic to the character of the woodland; formed using wood
chip surfacing with timber edge restraints to contain the surface
material. Path and bridge design and installation, and how
materials will be stored / transported to the site, will require
careful consideration, and will be conditioned for discharge, in
agreement with the Council, prior to the commencement of works. The
Tree Officer would be consulted in their discharge.
8.26
To minimise impacts on the woodland, seating, dog and litter bins
will not be required. Responsible dog ownership would be encouraged
in this sensitive habitat. Information boards, provided at each of
the access bridges, would include a Code of Conduct to support
responsible and considerate public usage of the SANG, and encourage
the public not to allow their dogs off leads within the
woodland.
8.27
The offering of this woodland as SANG presents a valuable
opportunity to help safeguard its future. Whilst the principle is
supported, it is critical that careful consideration is given to
key issues highlighted above to ensure this.
8.28
In terms of impact on the ancient woodland; it is considered that
potential adverse impact caused by public access could be mitigated
by the appropriate design of paths and information boards and
signage. The signage would help inform the public of the
responsible and considerate use of the woodland. Any potential for
harm also needs to be weighed against the benefits of bringing the
woodland under an appropriate management and maintenance regime in
perpetuity. On balance, it is considered that the benefits that
would result from this development outweigh potential harm that
could arise. Funding to manage and maintain this SANG would be
secured on grant of any planning permission.
8.29
The Council’s Tree Officer is satisfied that the application
can be approved subject to the imposition of conditions. The
proposal would ensure that the land as ancient woodland would be
safeguarded in perpetuity, and availability for public access would
enable and support healthy lifestyles through the provision of safe
and accessible green infrastructure. The proposal is therefore
considered to accord with the NPPF, Bracknell Forest Borough Local
Plan (BFBLP) Policy EN1 and SALP Policy SA9.
iii.
DESIGN AND IMPACT ON BIODIVERSITY
8.30
Policy CS1 of the CSDPD seeks to protect and enhance the quality of
natural resources including biodiversity, and CS7 requires
development to enhance the landscape and promote biodiversity. This
is supported by the NPPF – Section 10 that seeks to conserve
and enhance the natural environment and for development to minimise
impacts and provide net gains for biodiversity.
8.31
The Council’s Biodiversity Officer has been engaged and has
advised throughout the evolution of this scheme.
8.32
Long Copse is designated a Local Wildlife Site, and the application
would be required to consider how the proposed works might impact
on the features for which it is designated. Further to this, Long
Copse is an ancient woodland remnant which is likely to suffer from
the effects of being a small habitat fragment. Therefore, it is
essential that any proposed works do not further fragment the
habitat.
8.33
The initially submitted scheme proposed a complete full path loop
within Long Copse, which would likely have fragmented the woodland
and markedly increased the human disturbance of the woodland. In
addition, remedial tree works would have been required to remove
trees with defects within falling distance of a path, which could
mean the loss of valuable biodiversity features throughout the
woodland. It was then proposed that, because the site adjoins an
existing SANG, a simple link from the north Cabbage Hill field to
the east through the woodland to link with existing paths in the
south, should be used to limit the impact of public access on the
woodland. In addition, interpretation should be used to inform
visitors of the sensitive nature of the site.
8.34
As explained in the previous section, upon BFC’s advice
following initial submission, the applicant conducted an Ecological
Impact Assessment (EcIA) of the site, to adequately assess the
ecological value of Long Copse and guide the design of the SANG. It
included a desk study, habitat survey, preliminary bat roost
assessment and badger survey.
8.35
It concluded that any potential impacts on the site’s
biodiversity from use as a SANG would be outweighed by the proposed
ecological enhancement / management, resulting in a net gain and a
long-term positive increase in biodiversity in line with local and
national planning policy guidance.
8.36
This EcIA, alongside the tree survey and site visit, has informed
the proposed new path route through Long Copse.
8.37
Further to path provision, biodiversity enhancement works are
proposed. These include the provision of nesting boxes for a
variety of bird species within trees, installation of bat boxes,
log and brash piles and the removal of areas of Rhododendron and
Laurel. In addition to this, interpretation boards will be
required, to be located sensitive to root protection areas, to
provide important information on the ecological sensitivity of the
woodland.
8.38
The Biodiversity Officer is satisfied that the potential impacts of
the proposed footpath and long-term change to a SANG can be
addressed through the design of the path and long-term management.
This can be secured through conditions.
8.39
Following amendments to the original scheme, the application is now
considered to adequately demonstrate that it protects and enhances
biodiversity in accordance with EN1, CS1, CS7, NPPF, Circular
06/05, NERC Act 2006 and Conservation of Habitats and Species
Regulations 2010.
iv.
IMPACT ON LANDSCAPE CHARACTER
8.40
Chapter 8 of the NPPF and specifically Paragraph 96 relates to the
importance of the delivery of high-quality open spaces for health
and well-being and the need for planning decisions to seek
opportunities for new provision.
8.41
Policy EN1 of the BFBLP relates to protecting existing tree and
hedgerow cover, and refers to the importance of tree and hedgerow
cover in providing green links between open spaces and wildlife
sites, and their value as habitats for wildlife. At a strategic
level, Core Strategy Policy CS1 refers to sustainable development.
Criterion viii) includes the need to ‘protect and enhance the
quality of local landscapes and the wider countryside’. These
policies are consistent with the NPPF.
8.42
In terms of impact on the landscape character, despite the
prominence of Long Copse in the local landscape, because of the
limited nature of the works proposed, there would be negligible
impact on the landscape character as a result of the works. Given
that implementation of the proposal would likely lead to the
woodland being transferred to the Council, and it being managed and
maintained in perpetuity, the proposal would in fact safeguard this
important landscape feature, which would be less certain if it were
to remain in private ownership.
8.43
It is considered therefore that the proposal would accord with the
requirements of the NPPF and local policies EN1 and CS1.
v.
IMPACT ON RESIDENTIAL AMENITY
8.44
BFBLP Policy EN20 states that development should not adversely
affect the amenity of surrounding properties and adjoining area;
and Policy CS1 recognises the importance of sustainable development
and the need to protect and enhance the health of the local
population.
8.45
No structures are proposed, apart from limited infrastructure
necessary to provide limited access to the woodland, and apparatus
such as information boards and signage necessary for the enjoyment,
understanding and respect for the woodland. Design of this
infrastructure would be sympathetic to the character of the
landscape, and access into Long Copse would only be achieved from
the eastern boundary, from within the existing SANG, that links to
existing path network. The design itself would therefore have
negligible impact on residential amenity.
8.46
Objections received have raised several related issues concerning
the behaviour of existing SANG users, activity in the car park and
users parking on residential roads to access the SANG.
Consideration has been given to the impact on residential amenity
from this development. Given the nature of this development, as a
small addition of woodland to an existing well-used SANG, there is
not anticipated to be a material change to the circumstances
relating to the site. The use in itself would not be a cause for
anti-social behaviour, and if any arises, this is a matter for
relevant agencies. Overall, this development is considered to be a
positive addition to local amenity.
8.47
Therefore, having regard to the nature of the proposal, the impact
on residential amenity within the vicinity of the site is
considered to be negligible; and therefore the scheme is considered
to be in accordance with BFBLP Policy EN20 and is therefore
acceptable.
vi.
TRANSPORT IMPLICATIONS
8.48
The NPPF promotes the use of sustainable transport modes and that
development proposals should provide “safe and suitable
access to the site can be achieved for all users” (para
110(b)). Para 111 goes onto states that “Development should
only be prevented or refused on highways grounds if there would be
an unacceptable impact on highway safety”.
8.49
The Council’s Environmental Policy Officer was consulted and
has advised that Long Copse SANG would form a part of The Cut
Countryside Corridor (TCCC) Super SANG, which has a total area of
44.21ha. According to NE’s requirements, a minimum of 45 car
park spaces would therefore be required for TCCC SANG. The total
number of car parking spaces available to SANG visitors at Cabbage
Hill, Larks Hill and Jock’s Lane is a maximum of 107 car park
spaces; which is significantly more parking than NE’s
requirements. Therefore, from a SANG standards perspective, there
is considered to be sufficient existing car parking to serve Long
Copse SANG.
8.50
Further to this, Long Copse SANG would benefit from good pedestrian
links, particularly given its location adjacent to the strategic
east-west greenway that is planned to run the length of the SA9
development area. As a key requirement of the SA9 strategy, to
promote the use of sustainable modes of transport, which is in
alignment with the NPPF, the greenway is designed to create an
attractive, efficient, pedestrian-friendly route connecting key
facilities and services; reducing the need to use the private car,
that would otherwise contribute to local road congestion and
associated noise and air pollution. This would serve the Long Copse
SANG well.
8.51
Natural England has been consulted specifically with regard to this
matter and has confirmed its support for this approach to car
parking.
8.52
The Council’s Transport Officer was also consulted and has
advised that, given that the application is to extend an existing
SANG at Cabbage Hill, many of the users currently visiting the site
are expected to use the additional area as part of their already
established pattern of visiting the existing SANG. However,
with any increase in the extent of a facility there is the
potential for additional demand on it to arise, particularly as
this proposal offers an increase in woodland area which could
increase the variety and attractiveness of the overall site.
Consideration should also be given to the evidence of current usage
of the Cabbage Hill car park. The car park is well used, and
in the past, parking has been noted on the verges outside the site
which restricted visibility, but this has now been prevented by the
installation of wooden posts on the verge. In that respect
any additional demand is likely to either try and park in the car
park in areas that may restrict access or more likely users will
seek to park within the housing estate itself and access the SANG
from that side. Alternatively users may choose another SANG
to visit. The level of increased demand is difficult to predict but
it is unlikely to be significant.
8.53
The Council’s Parks and Countryside Service, which manages
the SANG, is currently investigating expanding the current car park
to cater for demand. In order to mitigate any potential impacts in
the longer term raised by the Transport Officer, it is proposed
that a contribution from this development would be secured, by s106
planning obligation, towards the project to expand the car park at
Cabbage Hill SANG. This is likely to be a pro rata contribution.
With reference to Natural England’s SANG guidance, that
requires one space per hectare of SANG, this would equate to three
additional car parking spaces.
8.54
Subject to the securing of a financial contribution towards a
proposed car park extension at Cabbage Hill SANG, this proposal is
considered to accord with CS policies CS23 and CS24, and would
therefore be acceptable.
vii.
PLANNING OBLIGATIONS (SECTION 106 LEGAL AGREEMENT)
8.55
This application for a SANG requires a SANG Management Plan (MP)
that is to be agreed with the Council and Natural England (NE).
This will be appended to a s106 agreement with the Council. Because
of the nature of the site, as an Ancient Woodland and Local
Wildlife Site, the SANG MP would be required to be informed by
recommendations for site enhancements and management provided in
the submitted EcIA and to include a Woodland Management Plan. A
draft SANG MP has been submitted by the applicant. Following review
by the Council’s Senior Environmental Policy, Biodiversity
and Tree Officers, necessary amendments have been made, and it is
now considered acceptable.
8.56
Cabbage Hill SANG is owned and is managed by Bracknell Forest
Council. If Long Copse woodland becomes an extension to
Cabbage Hill SANG, the Council would prefer to own and manage the
whole SANG and this should be secured through a s106 agreement.
This is usually also the preference of Natural England. This would
give more certainty that the site will be managed to SANG standard
and available for public use in perpetuity. If the site is not
going to be managed by the Council in perpetuity, there will need
to be step in rights agreed with Bracknell Forest Council (BFC),
should the proposed SANG fall below the required standard and a
mechanism in place agreed with BFC to ensure the long-term
financial security of the SANGs (i.e. the long-term maintenance
funding).
8.57
For the Council to take on the in-perpetuity management of the
SANG, the developer will need to pay a financial contribution to
the Council (usually on transfer of the land to the Council). These
sums are based on 2017/18 costs of a base line maintenance rate of
£1,605 per hectare per annum and an additional SANGs
enhancement maintenance cost (extra cost of managing the sites to
SANGs standard) of £994 per hectare per annum. This works out
at £180,051 based on a total area of 2.75ha SANG, which
allows for estimated interest rates and inflation to be applied
over the period.
8.58
According to the Thames Basin Heaths SPA Delivery Framework (2009),
SANGs of over 20 ha have a catchment of 5km. This means that any
development allocated to this SANG must lie within 5km of it. This
proposal does not lead to a change in the catchment of the existing
area of The Cut Countryside Corridor SANG.
8.59
The site would provide SPA mitigation for a minimum of 149
dwellings.
8.60
The Design and Access Statement states that this SANG will provide
mitigation for the Home Farm development (ref. ‘Relevant site
history’). It does not however show how much SANG capacity
will be required for this development or whether there will be
excess SANG capacity which could be used as mitigation for other
developments. A process for the allocation of SANG capacity will be
agreed with the Council and set out in the s106 agreement. The SANG
must be fully enhanced in accordance with the SANG Management Plan
in agreement with BFC and available for public recreation before
any dwellings allocated to it can be occupied. The Council has a
similar agreement relating to the Frost Folly SANG (planning ref.
15/01161/FUL).
8.61
To conclude, provided that SANG measures set out above, in addition
to the proposed car park contribution, are secured by section 106
agreement with a legal mechanism to secure delivery of the SANG
along with a SANG Management Plan, the proposed SANG is considered
acceptable.
9
CONCLUSIONS
9.1 This
proposed development would not lead to any material change in the
landscape character of the area, meets planning policy objectives
and, in providing SANG capacity, will play an important role in
facilitating residential development in the borough which is
consistent with the NPPF's presumption in favour of sustainable
development.
9.2
Following amendments to the scheme, informed by ecologists and
arboriculturalists, potential impacts on the Ancient Woodland and
local wildlife site features have been assessed. It is
considered that appropriate measures and mitigation have been
secured to minimise any adverse impact, whilst fulfilling Natural
England’s requirements for a functional SANG.
9.3 There
is not considered to be any material harm to residential amenity to
result from this proposal.
9.4
Planning obligations would secure measures to operate and maintain
the site as a SANG in perpetuity and a financial contribution
towards the potential extension of the Cabbage Hill SANG car park.
Conditions would secure details concerning path and bridge
construction, and for work method statements to ensure that
appropriate consideration is given to operating in this sensitive
environment.
9.5 Use of
the site as a SANG would safeguard the future of the ancient
woodland, and in providing limited public access on to what is
currently private land, the proposal would add to the
borough’s green infrastructure and recreational facilities,
thereby contributing towards health and well-being objectives. Such
benefits are considered to outweigh any potential harm to the
woodland.
9.6 BFC and
the applicant have worked positively together to develop a scheme
that is now considered acceptable.
9.7 The
application is therefore recommended for approval, subject to
appropriate conditions and the completion of a Section 106 legal
agreement securing the management and maintenance arrangements of
the SANG in perpetuity and a financial contribution towards the
expansion of the Cabbage Hill SANG car park.
RECOMMENDATION
Following the completion of planning obligation(s) under
Section 106 of the
Town and Country Planning Act 1990, incorporating the
following planning obligations amended, added to or deleted as the
Head of Planning considers necessary in compliance with local and
national planning policy and relevant legislation:-
i.
the legal mechanism for the delivery of the SANG that will meet the
Quality Standards set by Natural England;
ii.
securing in perpetuity management and maintenance; and
iii.
a financial contribution towards expansion of the Cabbage Hill SANG
car park.
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: -
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 and other submitted
details:
-
Site Location Plan – SK-21732-01 (Received 24.1.19)
-
SANG Management and Maintenance Plan – LLD2459-LAN-REP-001
Rev 05 (Received: 01.03.22)
-
Woodland Management / Enhancement Plan – LLD1582-ECO-FIG-A
(Received 01.03.22)
-
Ecological Impact Assessment (dated 3rd March 2020)
– LLD1582 Rev 02 (Received: 23.03.20)
-
Tree Retention and Protection Plan – LLD1582-ARB-DWG-001 Rev
01 (Sheets 01 - 03) (Received: 22.02.21)
-
Existing Tree Schedule (dated 23rd January 2020) –
LLD1582 Rev 01 (Received: 22.02.21)
REASON: To ensure that the development is carried out only as
approved by the Local Planning Authority.
3. No
development shall commence until details of the path, gated
pedestrian access, foot bridges and site signage, including details
of their location, specification (e.g. size, design and materials)
and construction, has been submitted to and approved in writing by
the Local Planning Authority. The scheme shall be implemented in
accordance with the approved details prior to public access being
permitted onto the SANG and retained thereafter.
REASON: In the interests of good landscape design, visual amenity
of the area and public access.
[Relevant Policies: BFBLP EN2 and EN20, CSDPD CS1 and CS7]
4. No
development shall commence until a scheme for the provision of
interpretation boards, including a plan or drawing showing their
location, specification, construction and content, has been
submitted to and approved in writing by the local planning
authority. The scheme shall be implemented in accordance with the
approved details prior to public access being allowed onto the SANG
and retained thereafter.
REASON: In the interests of good landscape design and the visual
amenity of the area.
[Relevant Policies: BFBLP EN2 and EN20, CSDPD CS7]
5. No
development shall commence until full details of boundary treatment
fencing or 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 any public
access to the woodland. All boundary treatments should provide for
the free movement of wildlife to and from the site.
REASON: - In the interests of the visual amenities of the area,
nature conservation and
to safeguard Ancient Woodland
[Relevant Plans and Policies: BFBLP EN1 and EN20, CSDPD CS1 and
CS7]
6. No
development shall commence until a scheme has been submitted to and
approved in writing by the Local Planning Authority, to
accommodate:
(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 (if
required)
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 (d)
above without the prior written permission of the Local Planning
Authority.
REASON: In the interests of amenity and road safety.
7. The
development (including site clearance) shall not be begun
until:-
(i) the site has been surveyed for the presence of badgers;
(ii) the survey has been submitted to and approved by the Local
Planning Authority; and
(iii) a scheme to minimise disturbance to badgers during the
construction of the development, to mitigate the impact of the
development upon them, and to improve their habitat
has
been submitted to and approved by the Local Planning Authority.
The scheme shall be performed, observed and complied with.
REASON: In the interests of nature conservation.
[Relevant Plans and Policies: CSDPD CS1]
8. The
development (including site clearance) shall not begin until a
scheme to mitigate the impact of the development on bats has been
submitted to and approved in writing by the local planning
authority. The scheme shall include details of:
i.
methods to avoid killing, injury or disturbance to bats during
development
ii.
the provision of temporary roosts during construction
iii. the
provision of replacement roosts
iv.
habitat management and enhancement, e.g. suitable lighting and
planting appropriate post construction monitoring
The mitigation scheme shall be implemented in accordance with the
approved details.
REASON: In the interests of nature conservation.
[Relevant Plans and Policies: CSDPD CS1]
9. If more
than 2 years elapse between the previous badger survey and the due
commencement date of works, an updated badger survey shall be
carried out by a suitably qualified ecologist, unless otherwise
agreed in writing by the Local Planning Authority. A report
confirming the results and implications of the assessment,
including any revised mitigation measures, shall be submitted to
the Local Planning Authority before construction works commence on
site.
REASON: To ensure the status of badgers on site has not changed
since the last survey.
[Relevant Plans and Policies: CSDPD CS1, CS7]
10. No
development shall commence until a scheme for the provision of bird
and bat boxes including a plan or drawing showing the location of
these enhancements, has been submitted to and approved in writing
by the local planning authority. The scheme thereby approved shall
be implemented in accordance with the approved details.
REASON: In the interests of nature conservation
[Relevant Plans and Policies: CSDPD CS1, CS7]
11. No
development shall commence until a detailed scheme for the
protection of the woodland beyond the approved access and path
works footprint in accordance with British Standard 5837 (2012)
‘Trees In Relation To Construction Recommendations’ (or
any subsequent revision), has been submitted to and approved in
writing by the Local Planning Authority. Protection measures
shall be phased as necessary to take into account and provide
protection during all works. Details shall include the tree survey
drawings showing the approved layout and the following:
a) Proposed
location of protection barriers.
b) Illustration of
the proposed protective barrier structure to be erected.
c) Annotated
minimum distances between protective barriers and trunks of
retained trees at regular intervals.
d) All fenced off
areas clearly annotated as Tree Protection Areas/Construction/Works
Exclusion Zones.
e) Notes regarding
restrictions which apply to Tree Protection Areas/Construction/
Works Exclusion Zones.
f) Note confirming
that all protection measures are to be routinely monitored by site
visits undertaken by a project arboriculturalist (appointed by the
landowner), for the duration of all works on site (frequency to be
specified), to ensure full compliance with the approved tree
protection and monitoring scheme. A copy of the signed report to be
forwarded to the Local Authority following each site
visit.
The development
shall be carried out in full accordance with the approved
scheme.
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]
12. The protective fencing and other protection measures
specified by condition 11 shall be erected in the locations agreed
in writing by the Local Planning Authority prior to the
commencement of any development works, including any initial
clearance, and shall be maintained fully intact and upright, in its
approved locations at all times, until the completion of all
building operations on the site (unless agreed otherwise in writing
by the Local Planning Authority). Where phased protection measures
have been approved, no works shall commence on the next
phase of the development until the protective fencing barriers have
been repositioned for that phase in full
accordance with the approved details. 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)
Raising/lowering of existing levels, excavation or alterations to
the existing surfaces/ ground conditions of any other
description.
e)
Installation/siting of any structures,
temporary or otherwise.
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 the woodland or within 20 metres of the trunks
of any trees.
b) No signs,
cables, fixtures or fittings of any other description shall be
attached to any part of any 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]
13.
No development shall commence
until a schedule of supervision/monitoring of all works, has been
submitted to and approved in writing by the Local Planning
Authority. Details shall include: -
a) Induction
and personnel awareness of arboricultural matters.
b)
Identification of individual responsibilities and key
personnel.
c) Statement
of delegated powers.
d) Timing and
methods of site visiting and record keeping.
e) Procedures
for dealing with variations and incidents.
The program of arboricultural monitoring shall be undertaken in
full compliance with the approved details. No variation of the
approved monitoring program shall take place without the prior
written agreement of the Local Planning Authority. A copy of the
signed inspection report shall be sent to the local Authority
following each visit.
REASON: - In order to safeguard trees and other vegetation
considered to be worthy of retention in the interests of the visual
amenity of the area.
[Relevant Policies: BFBLP EN1 and EN20, CSDPD CS7]
14. No
development shall commence until a detailed site-specific
Construction Method Statement for the entrance /exit gate and
bridge structures into the woodland have been submitted to and
approved in writing by the Local Planning Authority. Details
shall be based on bridging existing ditches/ banks and avoiding any
unnecessary ground works / excavation of existing levels in all
areas concerned, and shall include: -
a) An
approved development layout plan identifying the precise locations
of the proposed constructions and dimensioned proximity to existing
trees.
b) 1:200
scale layout drawing of the structures based on accurate
topographical survey information for each location with clear
details of the structure footprints with scaled dimensions.
c) 1:200
scale construction profile drawings showing their relationship to
the existing ditch and level contours and any proposed level
changes/ grading.
d) Detailed
site-specific design and material specification for both the bridge
and gates structures.
e) Design
specific implementation method statement, to include confirmation
that no tracked or wheeled plant machinery is to be used.
The Construction Method Statement shall be implemented in full
accordance with the approved scheme, under arboricultural
supervision, prior to any public access to the woodland.
REASON: In order to alleviate any adverse impact on woodland
ecology the root systems and the long-term health of retained
trees, in the interests of the visual amenity of the area.
[Relevant Policies: BFBLP EN1 and EN20, CSDPD CS7]
15. No
development shall commence until a detailed site-specific
Construction Method Statement for the approved path route through
the woodland has been submitted to and approved in writing by the
Local Planning Authority. Details shall be based on the using
a non-dig methodology and natural un-contaminated materials that
are conducive to the woodland environment in all areas concerned,
and shall include: -
a) An
illustration on the proposed path route plans showing material
specification including edging detail of the path.
b) Location,
design and material specification of vertical marker posts at
regular intervals along the approved path route.
c)
Comprehensive implementation method statement to include:
·
Pegging out of entire route on site prior to installation to
confirm agreed location with BFC prior to installing.
·
Timing of works.
·
Details of how any imported materials are to be brought onto the
site and stored prior to use.
·
Proposed treatment (removal/ disposal/ relocation), of any surface
vegetation/ fallen stems etc prior to the laying of the approved
path.
All works must be implemented using hand-held tools only (includes
light mechanical wheelbarrows). No vehicles, tracked or wheeled
plant machinery of any description (including mini diggers), must
be used within the woodland.
No area of the woodland beyond the footprint of the approved
footpath route must be used for the storage of materials or working
space for the purposes of any construction.
The Construction Method Statement shall be implemented in full
accordance with the approved scheme, under Arboricultural/
Ecological supervision, prior to any public access to the
woodland.
REASON: In order to alleviate any adverse impact on woodland
ecology, the root systems and the long-term health of retained
trees, in the interests of the visual amenity of the area.
[Relevant Policies: BFBLP EN1 and EN20, CSDPD CS7]
16. No
development shall commence until a detailed schedule of all
proposed tree works and Rhododendron / Laurel clearance works have
been submitted to and approved in writing by the Local Planning
Authority. Details shall include:
a) A complete
set of tree survey drawings showing the approved path layout and
clearly identifying the accurate locations of all trees and groups
of Rhododendron/ Laurel requiring works with clear survey reference
numbers.
b) A complete
schedule of proposed tree works which provide detailed
specifications for each referenced tree in full accordance with BS
3998:2010 Tree works specifications (or any subsequent
revision).
c) A Tree
Works Implementation method statement, including timing and any
phasing of works, proposed works access route clearly marked on the
submitted plans, demonstrating how the working area will be
contained and consequently woodland safeguarded.
d) A method
statement for the proposed removal of all Rhododendron and Laurel,
including timing of works, proposed debris extraction routes from
site, as well as proposed treatment of stumps to prevent
regrowth.
REASON:
In order to alleviate any adverse impact on woodland ecology the
root systems and the long-term health of retained trees, in the
interests of the visual amenity of the area.
[Relevant Policies: BFBLP EN1 and EN20, CSDPD CS7]
17. No
retained tree or hedgerow (as specified as being retained on the
approved details as part of this permission) shall be cut down,
uprooted or destroyed without the prior written consent of the
Local Planning Authority.
REASON: In the interests safeguarding visual amenity.
[Relevant Policies: BFBLP EN1 and EN20, CSDPD CS7]
18. All
approved tree works and clearance of Rhododendron/Laurel shall be
implemented in full accordance with the approved scheme by an
appropriately qualified and fully insured Arboricultural
contractor.
All approved works may be undertaken once only, for no other
purpose than in relation to the full implementation of this
planning consent and must not deviate from the approved
specifications. Once carried out, no other works or repeat of the
works originally approved may be undertaken without first obtaining
the necessary separate, prior written consent under the Tree
Preservation Order legislation from the Council.
No fires must be lit within 20 metres of the site and no chemicals
used or stored on site at any time.
Where feasible, all dead trees specified for felling as part of the
approved schedule of tree works shall leave standing stems
approximately 3 metres in height above ground level as standing
habitat unless otherwise specified in the approved schedule of
works.
No tree logs, felled or fallen stems, tree stumps or deadwood shall
be removed from the woodland as a part of these works. All such
debris shall be cut as necessary and stacked in small, neat habitat
piles on site clear of the approved footpath route - does not apply
to Rhododendron or Laurel
removal.
All works must be undertaken using hand tools only. Under no
circumstances must tracked/ wheeled machinery or vehicles of any
other description be brought onto or parked on the site at any
time. The only exception to this may be the use of a small
self-propelled wood-chipper not exceeding 1.5 tonnes, to be
approved as part of the tree works implementation, with appropriate
ground protection underneath whilst within the woodland.
The standard of all works must as minimum, be in full accordance
with British Standard 3998 -2010 Tree works specifications (or any
subsequent revision).
REASON: In order to alleviate any adverse impact on the woodland
ecology, the root systems and the long-term health of retained
trees, in the interests of the visual amenity of the area.
[Relevant Policies: BFBLP EN1 and EN20, CSDPD CS7]
19. No
development shall commence until details of the proposed clearance
of all rubbish and artificial structures within the woodland has
been submitted to and approved in writing by the Local Planning
Authority. Details shall include:
a) A complete
set of site drawings showing the location of all areas where
artificial structures are to be removed and proposed extraction
route to remove debris from site
b) Method
statement for the proposed removal of artificial structures and
debris.
c) Timing of
works
Use of /access of this woodland by vehicles, plant machinery etc to
remove debris is strictly not permitted without the prior written
consent of the Local Planning Authority.
All works shall be implemented in full accordance with the approved
scheme.
REASON: In order to alleviate any adverse impact on the woodland
ecology, the root systems and the long-term health of retained
trees, in the interests of the visual amenity of the area.
[Relevant Policies: BFBLP EN1 and EN20, CSDPD CS7]
Informative(s)
- 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.
- The
Council’s Tree Service must be given a minimum of 7 days
advance written notice of commencement of any tree works approved
under Condition 16. Sent to trees@bracknell-forest.gov.uk
- In
terms of the content of the interpretation boards required by
Condition 4; in some instances the Council has taken on the design
and promotion of the site leaflet using a payment secured from the
developer. In the discharge of this condition, the applicant is
requested to contact the Council to discuss the potential for such
arrangements.
- This
planning permission contains certain conditions that state 'before
development commences' or 'prior to commencement of any
development' (or similar). As a result, these must be discharged
prior to ANY development activity taking place on site (including
any initial clearance works). Commencement of development
without having complied with these conditions will make any
development unauthorised and possibly subject to enforcement action
such as a Stop Notice. If the conditions have not been
subsequently satisfactorily discharged within the time allowed to
implement the permission, then the development will remain
unauthorised. This may be highlighted in any subsequent
search carried out on the property/ properties.
- Works
methodology agreed as part of this planning permission should be
clearly set out on the plans used by works contractors on site; to
ensure that, for the avoidance of doubt, they are fully aware of
approved works methods.
- This
woodland is protected by a confirmed Woodland Tree Preservation
Order and is also a designated Ancient Woodland. The woodland
Designation under the Preservation Order legislation protects all
trees of all age, species and form including saplings as well as
all future trees in this woodland whether occurring naturally or
planted. Under the legislation, detailed written consent must be
obtained from the Council’s Tree Service before undertaking
any form of work to trees within this woodland (including any work
affecting their root systems), unless detailed works to trees have
been specifically approved in writing in full compliance with the
conditions of this consent. Any pruning or removal of trees
without the necessary consent or any damage arising from
non-compliance with other conditions of this permission or
otherwise may be liable to prosecution by the Council. This may be
in addition to any enforcement action deemed appropriate for
non-compliance with relevant planning conditions. Property owners,
developers and/ or any other relevant persons are therefore advised
to take appropriate measures to ensure that all persons responsible
for overseeing works approved under this permission are suitably
briefed on this matter.
-
Regulations protecting wildlife species
and habitats when carrying out any approved tree works /managing
woodland must be complied with at all times. These include the
European protected species (EPS) listed in the Conservation
of Habitats and Species Regulations 2017 and the Wildlife
and Countryside Act 1981.
It’s an offence to:
·
deliberately capture, injure, kill or
cause significant disturbance to a protected species
·
deliberately destroy the eggs of a
protected species
·
damage or destroy protected
species’ breeding sites or resting places (such as a bat
roost in a tree or a dormouse nest on the woodland
floor)
Without prejudice to the conditions of
this consent, all works must be carried out carefully, making the
necessary checks before proceeding, and you may need a wildlife
license in certain circumstances.
- Should
the applicant need access on to the neighbouring Cabbage Hill site,
which is owned by Bracknell Forest Council, to implement this
planning permission; a licence to carry out works on Bracknell
Forest Council’s land would be required. For information,
contact Property Services at Bracknell Forest Council.
- The
attention of the applicant is drawn to the Berkshire Act 1986, Part
II, Clause 9, which enables the Highway Authority to recover the
costs of repairing damage to the footway or grass verge arising
during building operations.
In the event of the s106 planning
obligations not being completed by 01.09.2022 the Assistant
Director: Planning be authorised to either extend the deadline or
REFUSE the application for the following reasons:
1. The
absence of an agreement to secure the in perpetuity management and
maintenance of the site would result in the land not satisfying the
minimum requirements to qualify as SANG as required in Bracknell
Forest Thames Basin Heaths Special Protection Area Avoidance and
Mitigation SPD (March 2012) and as such would impact on the
character of the use of land within this green location. As such
the development would be contrary to policies C1 of the Core
Strategy and GB2 of the Bracknell Forest Borough Local Plan.
Doc.
Ref: Uniform
7/DC/Agenda
The application file to which this report
relates can be viewed on-line at the Council's Time Square office
during office hours or online at www.bracknell-forest.gov.uk
