OFFICER
REPORT
1.0
SUMMARY
1.1 The principle of a part commercial,
part residential development within the Crowthorne High Street
retail area is considered acceptable in principle, especially as it
would retain a retail use at ground floor level.
1.2 The
development as a whole is considered in-keeping with the Crowthorne
High Street retail area and is also sympathetic to the views of the
side and rear of the building that would be experienced from the
Church Road Conservation Area.
1.3 Although
on-site parking provision would fall short of the parking
requirements as set out in the adopted Parking Standards SPD,
robust evidence has been provided and is considered acceptable by
the Local Highway Authority (LHA). This is considered an
appropriate approach in dealing with possible parking shortfalls as
set out in the adopted Parking Standards SPD.
1.4 The proposal
would result in no adverse impacts upon the amenity of both
existing adjoining residents and future occupiers.
1.5 The scheme is
also considered not to adversely affect any protected species,
would provide adequate on-site surface water drainage and, subject
to the completion of a S106 Legal Agreement, would provide suitable
mitigation, including in respect of the Thames Basin Heaths Special
Protection Area (SPA).
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RECOMMENDATION
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Planning permission be granted
subject to conditions set out in Section 11 of this report and a
section 106 agreement in relation to the Thames Basin Heaths SPA,
highway matters, SuDS monitoring fee and associated infrastructure
contributions.
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2.0 REASON FOR
REPORTING APPLICATION TO PLANNING ADVISORY COMMITTEE
2.1 The application has
been reported to the Planning Committee following the receipt of
more than 5 letters of objection.
3.0
PLANNING STATUS AND SITE DESCRIPTION
3.1 The site lies on the
western side of Crowthorne High Street within the defined
Crowthorne Retail Centre. The site frontage is highly mixed in
terms of its character and appearance. Immediately to the north of
the site is Guildgate House (176-184 High Street) a part three,
part four storey building comprising retail uses on the ground
floor and 16no. apartments above, created under a ‘Prior
Approval’ application. To the south is the two storey
Barclays Bank unit. The site is also adjacent to the Crowthorne
Conservation Area which abuts the site on its north-west facing
side boundary to an area of hardstanding.
3.2 The site currently
comprises a detached two storey building containing a retail unit
on the ground floor with ancillary retail storage above. To the
rear, and side, is a large expanse of largely unused hardstanding.
An existing access connects the property to Heath Hill Road South
to the north of the site. This road also provides access to other
neighbouring residential properties including Guildgate House, a
more recent residential development, retirement flats and a GP
surgery.
3.3 As the site is
located with the Crowthorne retail area it is considered
sustainable in terms of shops and facilities, as well as public
transport links further afield.
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PLANNING STATUS
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Within Crowthorne Retail
Core Area
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Within 5km of the SPA
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Adjacent to Crowthorne Conservation Area
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Crowthorne Study Area C
(Crowthorne Centre) of the Character Area Assessments
SPD
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4.0
RELEVANT SITE HISTORY
4.1 There is no relevant
planning history for this site.
5.0 THE
PROPOSAL
5.1. The application has been
amended since its original submission and now proposes the erection
of a 3-storey building (with parking, refuse and cycle storage at
lower ground floor level), comprising 2no. retail units at ground
floor level and 8no. one-bedroom flats above, with associated
parking following demolition of existing building.
5.2 The bulk and massing of
the building has changed as a result of submitted amendments from a
4 storey flat roofed building approximately the same height as the
adjoining Guildgate House, to a 3 storey building with a ridge
height and eaves height lower than that of Guildgate House. The
number of residential units has also changed from 12no. flats to
8no. flats.
5.3 Vehicular access
to the site will be off a shared private road northwards onto Heath
Hill Road South.
5.4 On site a total of
20no. parking spaces are to be provided for both the residential
and retail uses, all accessed off Thornley Place.
6.0
REPRESENTATIONS RECEIVED
Crowthorne
Parish Council
6.1 Recommend
approval.
Other representations
6.2
Fifteen objections were received. The majority
of these were received prior to the submission of an amended scheme
that reduced the number of flats from 12 to 8 and the number of
floors from 4 to 3.
The main concerns are as set out below and have
been addressed in the main report: -
- Impact upon the character and
appearance of the High Street and the adjacent conservation area.
[Officer Comment: This point is addressed under (i) Impact on
Character, Appearance and Function of the Area].
- The scheme represents an
overdevelopment of the site. [Officer Comment: The revised scheme
is not considered to represent an overdevelopment of the
site]
- Vehicular access to the site
is via a private access with no access rights [Officer Comment:
This is a private matter between landowners].
- Development will cause noise
and disturbance. [Officer Comment: There will inevitably be noise
emanating from the development of a site. However, construction
working hours will be restricted by condition so that any noise and
disturbance is restricted to suitable daytime hours.]
- The proposal will impact on
daylight currently enjoyed by adjoining properties. [Officer
Comment: The proposal would not significantly overshadow any
adjoining properties.]
- The bulk and massing of the
building would add to the AQMA problems of High Street, Crowthorne.
[Officer Comment: An Air Quality Assessment will be required
to demonstrate any likely changes in air quality exposure to air
pollutants as a result of the proposed development, including any
impacts on air quality management areas. The Environmental Health
Officer has confirmed that this can be secured by
condition.]
- The proposal would adversely
impact upon the SPA. [Officer Comment: Subject to suitable
mitigation being secured by way of a S106 Legal Agreement the
proposal would not affect the integrity of the SPA.]
7.0 SUMMARY OF
CONSULTATION RESPONSES
Highways Officer
7.1 No objection subject to
conditions and a S106 obligation.
Environmental Health
7.2 No objection subject to
conditions.
Biodiversity Officer
7.3 No objection subject to
conditions.
Waste
and Recycling Officer
7.4 No objection to the scheme now
showing a separate residential bin store to that of a commercial
bin store.
Lead
Local Flood Authority
7.5 No objection subject to
conditions.
Thames
Basin Heaths SPA Officer
7.6 No objection subject to
mitigation being secured by way of a S106 Legal
Agreement.
8.0
MAIN POLICIES AND OTHER DOCUMENTS RELEVANT TO THE
DECISION
8.1 The primary strategic
planning considerations applying to the site and associated
policies are:
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Development Plan
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NPPF
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General policies
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CP1 of SALP,
CS1 & CS2 of CSDPD
E5, E7, E9 & E10
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Limited (policy not used in planning
application decision-making)
Consistent
Consistent
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Design
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CS7 of CSDPD, Saved policy EN20 of
BFBLP
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Consistent
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Parking
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Saved policy M9 of BFBLP
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Consistent
NPPF refers to LA’s setting their
own parking standards for residential development.
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Trees & Landscaping
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CSDPD Policies CS1 & CS7
BFBLP ‘Saved’ Policies EN1, EN2 &
EN20
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Consistent (paras. 130 &
174)
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Drainage
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CS1 of CSDPD
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Consistent (paras. 167 &
169)
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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 &
180)
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Noise and Pollution (including Land
Contamination)
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CSDPD Policy CS1
BFBLP ‘Saved’ Policy
EN25
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Consistent (paras. 120, 174, 183 &
185)
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Sustainability (Renewable Energy and Water
Use)
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CSDPD Policies CS10 & 12
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Consistent (para. 153)
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Securing Necessary
Infrastructure
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CSDPD Policy CS6
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Consistent (para. 55 to 57, 93 and
95)
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Supplementary Planning
Documents (SPD)
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Parking Standards SPD
Planning Obligations SPD (2015)
Thames Basin Heath SPA SPD
Character Area Assessments SPD
Design SPD
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Other publications
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National Planning Policy Framework
(NPPF)
National Planning Policy Guidance
(NPPG)
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8.2 In addition,
the Crowthorne Neighbourhood Plan was adopted 9 June 2021. The
relevant policies from this which are considered consistent with
the NPPF are: -
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CR1: High Quality Design
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CR4: Promoting Good Design in Crowthorne Centre
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CR12: Biodiversity
9.
PLANNING CONSIDERATIONS
9.1
The key issues for consideration are:
i.
Principle of
Development
ii.
Impact on Character, Appearance
and Function of the Area
iii.
Impact on Residential
Amenity
iv.
Transport and Highways
Considerations
v.
Biodiversity
vi.
Sustainability
vii.
Surface Water Drainage/Flood
Risk
viii.
Thames Basin Heaths Special
Protection Area
ix.
Community Infrastructure Levy
(CIL) and S106 Contributions
x.
Affordable Housing
i.
Principle of Development
9.2 The site is located
within the Crowthorne High Street Core Retail Area as designated by
the Bracknell Forest Borough Policies Map. As the proposal will
retain retail uses on the ground floor, thus supporting the
function of the Core Retail Area, with residential accommodation
above, it is considered to be acceptable in principle ;and in
accordance with CSDPD policies CS1 (Sustainable Development) and
CS2 (Locational Principles), BFBLP policies E5, 7, 9 and 10
(Core Retail Area) and paragraph 86b of the NPPF. This is also
subject to no adverse impacts upon the character and appearance of
the surrounding area, the character and appearance of the
Conservation Area, residential amenities of neighbouring
properties, highway safety etc. These matters are assessed
below.
ii. Impact on
Character, Appearance and Function of the Area
9.3 Policy CS7 of the Core Strategy
requires high quality design which in this case should build on the
local character, respect local patterns of development, comprise
innovative design, enhance landscape and biodiversity, and aid
movement and accessibility. Policy EN20 of the Local Plan
supports Policy CS7 and sets out how development should be in
sympathy with its local environment and appropriate in terms of
mass and scale, layout and materials amongst other criteria.
Policies E5, E7, E9 and E10 of the Local Plan seek to retain and
where necessary enhance the vitality of the Crowthorne High Street
retail area.
9.4 These policies are consistent with
Chapter 12 of the NPPF and are therefore considered to have
significant weight. The NPPF attaches great importance to the
creation of high-quality buildings and places (para.126). Good
design is a key aspect of sustainable development, creates better
places in which to live and work and helps make development
acceptable to communities.
Layout
9.5 The amended proposal now represents
a suitable balance of built form,
hardstanding and landscaping/amenity space, which includes a raised
terrace at the rear and inset balconies. This minimum level of
amenity space is considered appropriate for the location.
9.6 There is currently a two-storey
building onsite adjoining Guildgate House fronting onto the High
Street where a shoe shop previously operated from. Replacing this
building at the front of the site is considered acceptable as it
sympathetically fits in with the existing pattern of built form
along the High Street. The fact that retail units would be provided
at ground floor level is also considered appropriate given that the
building falls within a designated Core Retail Area and the uses
would maintain the vitality of this area.
9.7 Given this, the layout of the
development is not considered to result in any adverse impacts upon
the character and appearance of the area.
Bulk,
Massing and External Appearance
Superseded 4 storey scheme
Amended 3
storey scheme
9.8 The revised 3 storey pitched roof
building, containing retail at ground floor and apartments above,
is now considered to represent a design that reflects a suitable
transition in bulk and massing from the three storey Guildgate
House down to the two storey bank building on the opposite side.
This change in design also takes into consideration the slope of
the land from north-east to north- west along this part of the High
Street.
9.9 The inclusion of windows in the
north-west facing side elevation, along with the pitched roof with
accommodation within the eaves, achieves a sympathetic design that
when viewed from outside the site would be considered
in-keeping.
Potential for Affecting the Setting of the Crowthorne
Conservation Area
9.10 The Crowthorne
Conservation Area lies northwest of the application site running
from the corner of the High Street Crowthorne, not including this
site, northwest up to and slightly beyond St. John the Baptist
Church. The Conservation Area map sets out that the main vistas of
the Conservation Area run mainly northwest from High Street up
Church Road, with there also being a vista shown at the bottom of
Church Road, West along Waterloo Road. The main vistas do not
specifically include any views of the application site and there
are also no historic buildings adjoining the site. Given this
assessment, and that the design of the building is considered
appropriate for the Core Retail Area, it is not considered that the
proposal would adversely affect the Conservation Area or its
setting and that the approval of this application is consistent
with the LPA’s statutory duty, set out in s72 of the Planning
(Listed Buildings and Conservation Areas) Act 1990, to pay special
regard to the desirability of preserving or enhancing the character
or appearance of the Conservation Area.
Conclusion on the Character and Appearance of the Area
9.11 In conclusion, given the above design and layout
related assessment, the proposed building is considered acceptable
in terms of not adversely impacting upon the character and
appearance and function of the High Street Core Retail Area or the
setting of the adjoining conservation area, thus complying with
CSDPD Policy CS1, CS7, BFBLP 'Saved' Policies E5, E7, E9 E10, EN20,
and the NPPF.
iii. Impact on
Residential Amenity
9.12 Saved BFBLP Policy EN20
proviso (vii) seeks to prevent development that would adversely
affect the amenity of surrounding properties. This is consistent
with the NPPF.
Existing Residential Amenity
9.13 There is currently a
commercial building (bank) south-west of the site and a recently
converted office to residential apartment building south-east of
the site (Guildgate House), with no side facing windows. North and
north-east of the site, beyond the proposed parking area and
vehicular access are residential properties approximately 46m from
the rear of the proposed building at their closest point.
9.14 Given these relationships it
is considered that no significant overlooking, overbearing and/or
loss of privacy concerns will arise.
Future Residential Amenity
9.15 The proposal, including inset
balconies and a raised terrace area providing amenity space, is
also considered to have been designed in a way that provides a
suitable outlook for future occupiers.
Conclusion on Impact on Residential Amenity
9.16 Given the above assessment,
it is considered that the revised scheme would not result in any
adverse impacts upon the amenity of both existing and future
occupiers. As such the proposal is considered to comply with saved
BFBLP Policy EN20 and the NPPF.
iv. Transport and
Highways Considerations
9.17 The following comments were provided by the Local
Highway Authority: -
‘Parking and Deliveries
9.18 Parking is proposed as follows: -
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Residential parking @ 1 space per 1-bedroom flat = 8 spaces;
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Commercial parking @ 5 spaces per retail unit = 10 spaces;
- Visitor
parking @ 2 spaces.
TOTAL =
20 spaces.
9.19 In pure numerical terms, the parking proposed is
below the Parking Standards SPD requirements by circa 1 to 2 spaces
for the commercial use (each unit measuring circa 109 sq.m NIA
measured on floor plans and the Parking Standards SPD having a
standard of 1:19 sq. m). Nevertheless, the visitor parking is above
standard and could be used for commercial use visitors, and the applicant has provided a comprehensive
parking survey and analysis demonstrating that there is sufficient
parking in the vicinity that could be used for additional
commercial users if needed. This is considered to be a robust
evidence base in accordance with paragraph 1.7 of the Parking
Standards SPD. Accordingly, the Highway Authority has no objection
subject to relevant conditions.
9.20 Additional drawings have been provided showing
swept paths and allocation of parking spaces to ensure that
residents’ parking is not obstructed by deliveries to the
commercial use on the ground floor.
9.21 A condition is also requested regarding details of
signage for parking spaces to be provided, along with a permanent
sign to the front of the building (facing High Street) indicating
that no deliveries are to be made to the front of the building and
that all deliveries must be made to the rear via Heath Hill Road
South and Thornley Place, to deter delivery vehicles from stopping
on High Street in proximity to the pedestrian crossing, which would
be a danger to other road users.
9.22 It is noted that, although no disabled spaces are
currently annotated on the plans, the spaces numbered 14
(residential) and 5 (commercial) have sufficient area around to be
provided with disabled transfer areas to the driver's side and to
the rear (within the car park aisle). Condition wording is
requested in this regard.
Cycle
Parking and Refuse Storage
9.23 Separate cycle parking and refuse storage areas
are provided at lower ground floor level to the rear for
residential and commercial uses. A cycle parking condition is
requested.
Pedestrian Access
9.24 Pedestrian access is proposed to the front of the
building onto High Street, to the rear of the building onto the
parking and turning area and to the lower ground floor cycle
parking and refuse storage areas. Ramped accesses are necessary due
to changes in levels and a condition is requested to ensure that
these are compliant with Section 5.2: Ramps of the Department for
Transport document 'Inclusive Mobility' and the Designing for
Accessibility in Bracknell Forest SPD.
Trips
9.25 Over twelve hours (0700-1900) the application is
predicted to generate circa 20 vehicular trips for the residential
use and circa 65 vehicular trips for the commercial use based on
the TRICS-based data which is used as an input to the Council's
transport model. The extant retail use (268 sq. m floor area given
on application form) is estimated to have generated circa 80
vehicular trips based on the same TRICS-based data which is used as
an input to the Council's transport model. The net change in
vehicular trips as a result of the proposal is predicted to be
circa +5 over twelve hours 0700-1900, which is negligible and
significantly less than a "severe" "residual cumulative impact"
required by NPPF paragraph 111 to warrant refusal. Accordingly, the
Highway Authority has no objection in this regard.
Summary
9.26 The Highway Authority is satisfied that, subject
to conditions, the amended and additional plans and information
submitted demonstrate that the application can operate safely and
provided sufficient parking and turning. Accordingly, the Highway
Authority has no objection subject to suitably worded
conditions.’
Conclusion on Transport and Highways Considerations
9.27 Given the
above LHA comments, the application is not considered to result in
any adverse highway safety implications and as such complies with
BFBLP Policies M4, M9 and CSDPD Policies CS23 and CS24 and the
NPPF.
v.
Biodiversity
9.28 Policy CS1 of the CSDPD seeks to
protect and enhance the quality of natural resources including
biodiversity. Policy CS7 also requires the design of new
development to enhance and promote biodiversity. These policies are
consistent with the NPPF.
9.29 The Preliminary Roost Assessment concludes there
is negligible potential for roosting bats within the site. The site
is located in an urban area with no existing natural vegetation.
However, there are opportunities to enhance biodiversity as
follows:
-
There are existing trees adjacent to the site to the rear of 81-85
Church Street that could be connected to this site by native
planting. Some limited planting is shown around the parking areas
which could provide some biodiversity value.
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Crowthorne High Street has historic records of swifts and new
buildings should provide integrated swift boxes to support this
local BAP species.
9.30 Requiring biodiversity enhancements is in line
with Core Strategy policies CS1 and CS7 and in accordance with the
National Planning Policy Framework paras 8c and 175d.
Conclusion on Biodiversity
9.31 Given the above assessment and subject to suitably
worded conditions the scheme is considered to comply with policies
CS1 and CS7 of the CSDPD and the NPPF.
vi.
Sustainability
9.32 SALP Policy CS10 requires the
submission of a Sustainability Statement covering water efficiency
aimed at achieving an average water use in new dwellings of 110
litres/person/day.
9.33 SALP Policy CS12 requires the
submission of an Energy Demand Assessment demonstrating how the
development's potential carbon dioxide emissions will be reduced by
at least 10% and how 20% of the development's energy requirements
will be met from on-site renewable energy generation.
9.34 An Energy Demand Assessment
has been submitted in-order to address these policies however it
does not reflect the change from 12 units on the original
submission to 8 units. This statement would need to be updated
given the change in numbers. This could be secured by means of a
condition.
vii. Surface Water
Drainage/Flood risk
9.35 The Lead Local Flood
Authority (LLFA) originally objected to the scheme and requested
additional information be submitted. In response to the
earlier objection the applicant submitted additional information on
infiltration testing and groundwater monitoring. The LLFA were
consulted on the additional information and replied with the
following comment: -
9.36 ‘While the bore hole infiltration test was
not undertaken in accordance with BRE365, we recognise that
infiltration is possible on site. As a result, we believe that
flood risk and surface water drainage at this site can be addressed
through the imposition of suitably worded planning conditions on
any planning permission granted which will include further testing
to BRE365 at the design depth.’
Conclusion on Surface Water
Drainage/Flood Risk
9.37 The LLFA has
raised no objection to the proposal subject to conditions and a
monitoring fee being secured by way of a S106 Legal Agreement. As
such the proposal is not considered to result in any adverse
impacts upon surface water drainage.
viii. Thames Basin Heaths
Special Protection Area
9.38
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 (SPA) is likely to have a significant effect on the
integrity of the SPA, either alone or in-combination with other
plans or projects. An Appropriate Assessment has been carried out
including mitigation requirements.
9.39
This site is located within the 400m – 5km Thames
Basin Heaths Special Protection Area (TBH SPA) buffer zone and
therefore is likely to result in an adverse effect on the SPA,
unless it is carried out together with appropriate avoidance and
mitigation measures.
9.40
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 Thames
Basin Heaths 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.
9.41
In this instance, the development would result in a net increase of
8 dwellings which is required to make a financial
contribution towards SANG and SAMM which will be calculated on a
per bedroom basis once the mix of the development is
determined.
9.42
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 and would comply with SEP Saved
Policy NRM6, Saved policy EN3 of the BFBLP and CS14 of CSDPD, the
Thames Basin Heaths Special Protection Area Avoidance and
Mitigation SPD, the Planning Obligations SPD and the NPPF.
9.43
In this instance, the development would result in a net increase of
8 x 1-bedroom dwellings within the 400m – 5km
TBH SPA buffer zone which results in a total SANG contribution of
£35,224.
9.44
The development is required to make a contribution towards
Strategic Access Management and Monitoring (SAMM) of
£3,192 which is also calculated on a per bedroom
basis.
9.45
The total SPA related financial contribution for this proposal is
£38,416.
Conclusion
9.46
Given the above assessment the proposal, subject to suitable SPA
mitigation being secured by way of obligations contained within a
S106 Legal Agreement, would not adversely affect the integrity of
the SPA.
ix. Community
Infrastructure Levy (CIL) and S106 Contributions
9.47 Bracknell Forest Council commenced
charging for its Community Infrastructure Levy (CIL) on 6th April
2015. CIL applies to new builds including those that involve the
creation of additional dwellings.
9.48 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. The charging schedule states
how much CIL will be charged (in pounds per square metre of net
additional floorspace) based on the development type and location
within the borough. The development is considered to be CIL
liable.
9.49 The following
obligations will be required to be secured by way of a S106 Legal
Agreement: -
Community Facilities
9.50 The Community Hub at
the Bucklers Park and former TRL site is nearing completion,
however there are fixtures and fittings that need to be provided
before it can open to the public. We will therefore look to secure
a contribution towards fixtures, fittings and set up costs of the
Community Facility at Bucklers Park TRL of £3000 per dwelling
(index linked).
Reason: Paragraph 5.5.5 of the Bracknell Forest Council
Planning Obligations SPD
Open Space
9.51 Sites less than 1ha
are not required to provide any passive or active OSPV on site but
are required to mitigate the impact of their development off-site.
The Council is aware of planned OSPV improvement projects at Morgan
Recreation Ground which would be capable of mitigating the impact
of this development. Considering the likely costs of the projects,
the Council would look for a contribution of between £25,000
and £35,000 (up to date project costs awaited) secured by way
of planning obligation. Should this not be agreeable, the developer
will need to look into finding adequate provision of OSPV to serve
the development or secure in-kind improvements to existing
OSPV.
Drainage
9.52 A monitoring fee of
£8000 will be sought through a planning obligation to enable
the Council to monitor/inspect SuDS for their lifetime of the
development.
Reason: Para 5.15.6 of the Planning Obligations SPD
2015
Transport
9.53 The requirement to
enter into highways agreements will be required and secured by s106
agreement for any roads/accesses to be adopted by the LHA or works
to the public highway. Off-site in-kind works to foot-cycle ways
will also be secured by s106 and any highways agreement where
appropriate/agreed. A Private Accesses and Footways
Specification and Management Plan may be required if there are
communal accesses/footways which are not to be adopted.
Thames Basin Heaths
SPA
9.54 Requirements as set
out in section viii.
x. Affordable Housing
9.55 Policies CS16
& CS17 of the Core Strategy in relation to housing needs and
affordable housing can be afforded full weight in relation to
para. 62 & 63 of the NPPF
as they are consistent with para.60 of the NPPF which
seeks to deliver a wider choice of homes,
a mix of housing and affordable housing. Policy CS17 seeks to
provide affordable housing on suitable sites, and the Planning
Obligations SPD seeks affordable housing provision on all
development providing a net increase of 15 units or more, at a
threshold of 25% subject to viability. This application would fall
below the threshold and as such no affordable housing is required
to be provided.
10.
CONCLUSIONS
10.1 The application site is located
within the Crowthorne High Street retail area as designated by the
Bracknell Forest Borough Policies Map. Due to its location and
nature, the proposal that seeks to provide 2no. retail units at
ground floor level and 8no. flats above is considered to be
acceptable in principle.
10.2 The proposed layout
provides a suitable balance of built form, hardstanding and
landscaping/amenity space, which now includes a raised terrace and
inset balconies. Given the high street location, the level of
on-site amenity space is considered appropriate.
10.3
The proposed bulk, massing and overall architectural design of the
building is considered in-keeping within the streetcene providing a
sympathetic transition from Guildgate House down the slope of the
High Street towards the lower, two storey bank building.
10.4
The proposed bulk, massing and overall architectural design of the
building is not only appropriate when viewed from High Street but
also from the Church Road Conservation Area.
10.5
The proposal would result in no adverse impacts upon the amenity of
both existing and future occupiers.
10.6
The Local Highway Authority (LHA) accept that the proposal, as a
whole, will provide on-site parking of 20 spaces. This would result
in parking provision being 2 spaces short for commercial visitors
when assessed against the requirements of the adopted Parking
Standards SPD. The LHA state in their comments that on-site visitor
parking for the residential use would exceed the requirement and
could be used by the commercial visitors. This, in combination with
the accepted comprehensive parking survey and analysis
demonstrating that there is sufficient parking in the vicinity that
could be used for additional commercial users if needed, also helps
to address this shortfall. Overall, given the robust evidence
submitted as allowed for under the Parking Standards SPD, the
on-site parking provision is considered acceptable in this
case.
10.7 The LHA
concluded, in their comments, that subject to conditions the
proposed development will not result in any highway safety
implications.
10.8
The proposal, as a whole, is also considered to meet with the
Biodiversity, Drainage, Thames Basin Heaths SPA mitigation, general
infrastructure requirements and renewable energy policies, subject
to conditions and suitable obligations secured by way of a S106
Legal Agreement.
11.
RECOMMENDATION
11.1 Following the
completion of planning obligation(s) under Section 106
of the Town and Country
Planning Act 1990 relating to:
-
Measures to avoid and mitigate the impact
of residential development upon the Thames Basins Heath
SPA.
-
Requirement to enter into S278 for the construction of the access
and off-site in-kind works to pedestrian/cycle ways.
-
Contributions towards community facilities.
-
Off-site OSPV contributions.
-
SuDS monitoring fee.
That the
Assistant Director: Planning be recommended to APPROVE the
application subject to the following conditions amended, added to
or deleted as the Assistant Director: Planning considers necessary:
-
01.
The development hereby
permitted shall be begun before the expiration of three years from
the date of this permission.
REASON: To comply with Section 91 of the
Town and Country Planning Act 1990.
02. The development
hereby permitted shall be carried out only in accordance with the
following approved plans and other submitted details: -
2534 - 10 AMENDED - PROPOSED FLOOR PLANS
21st Sep 2021
2534 -11 AMENDED PLAN -
PROPOSED PLANS AND ELEVATIONS 21st Sep 2021
2534 – 12C AMENDED PLAN -
SITE PLAN AND BASEMENT PLANS 11th Apr 2022
2534 - 13 AMENDED PLAN - STREET
SCENES AND SECTION 21st Sep 2021
201354/DS/01 REV/A DRAINAGE
STRATEGY SITE PLAN 21st Apr 2022
2534-12C Site Plan showing parking
space link to land uses
20.99 - 003 Swept Path Plot - FTA 10m Delivery Vehicle
REASON: To ensure that the development is carried
out only as approved by the Local Planning Authority.
03. Prior to
commencement of any development above slab level, samples of the
external materials to be used in the development shall be submitted
to and approved in writing by the Local Planning Authority. The
development shall be constructed in accordance with the approved
materials.
REASON: In the interests of the visual amenities of the area.
[Relevant Policies: BFBLP EN20, Core Strategy DPD CS7]
04. Prior to
commencement of any development above slab level, details showing
the finished floor levels of the buildings in each phase hereby
approved in relation to a fixed datum point shall be submitted to
and approved in writing by the Local Planning Authority. The
development shall be carried out in accordance with the approved
details.
REASON: In the interests of the character of the area.
05. No development shall commence until a scheme for the
provision of biodiversity enhancements (not mitigation), including
a plan or drawing showing the location of these enhancements, has
been submitted to and approved in writing by the Local Planning
Authority. An ecological site inspection report, confirming the
provision of the approved enhancements on site, shall be submitted
within three months of the first occupation of the development.
The approved scheme shall be performed, observed and complied
with.
REASON: In the interests of achieving net gains for
biodiversity
[Relevant Plans and Policies: CSDPD CS1, CS7]
06. The building hereby permitted shall not be occupied until
hard and soft landscaping, including boundary treatments and other
means of enclosure, has been provided for in accordance with a
scheme submitted to and approved in writing by the Local Planning
Authority. The scheme shall include a 3 year post planting
maintenance schedule.
All planting comprised in the soft landscaping works shall be
carried out in accordance with British Standard 4428:1989
‘Code Of practice For General Landscape Operations’ or
any subsequent revision and completed in full accordance with the
approved scheme.
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 next planting season (1st October to 31st March
inclusive) with others of the same size, species and quality as
approved.
REASON: In the interests of good landscape design and the visual
amenity of the area. [Relevant Policies: BFBLP EN2 and EN20, CSDPD
CS7]
07. Prior to the commencement of development an Air Quality
Assessment demonstrating any likely changes in air quality exposure
to air pollutants as a result of the proposed development,
including any impacts on air quality management areas, shall be
submitted to and approved in writing by the Local Planning
Authority. The assessment is to compare the air quality following
completion of the development with that expected at the time
without the development. The assessment will need to:
1) assess the existing air quality in the study area (existing
baseline)
2) predict the future air quality without the development in place
(future baseline)
3) predict the future air quality with the development in place
(with development)
4) details of mitigation
The Air Quality Assessment must include impacts on nitrogen dioxide
and particles (PM10 and PM2.5), as well as the cumulative impact
with other committed developments. Consideration must also be given
to potential uncertainties in predicting future emissions from
vehicles in the future, i.e. predict potential future air quality
with and without the development/committed developments in place
assuming no improvements in emissions from vehicles to compare
against predicted future air quality with improvements in vehicle
emissions. Isopleths maps of air quality concentrations and
exceedance areas must also be included in the Air Quality
Assessment Report so the public can easily see potential impacts on
air quality.
REASON: To be sure that the development won’t significantly
add to the concerns of the existing Air Quality Management
Area.
08. The sound rating level (established in accordance with
BS4142:2014) of any plant, machinery and equipment installed or
operated in connection with this permission shall not exceed, at
any time, the prevailing background sound level at the nearest
residential or noise sensitive property.
If the plant, machinery or equipment is to be enclosed details of
the enclosure shall be submitted and approved by the Local Planning
Authority before the commencement of development.
REASON: To protect the existing and future residents of the village
and the occupants of nearby residential properties from noise.
09. The dwellings hereby approved shall not be occupied until
noise mitigation measures for protecting the proposed dwellings
external amenity areas from noise from the road traffic and
existing plant and machinery have been implemented in full in
accordance with a scheme that has been submitted to and approved in
writing by the Local Planning Authority
The noise mitigation measures shall be retained and maintained
thereafter in accordance with the approved scheme.
REASON: To protect future residents from noise from road traffic
(volumes pre 2020).
(complied with BS8233:2014 recommendations.)
10. The means of vehicular access to and egress from the
permitted building shall be from Thornley Place only. There shall
be no vehicular access or egress from the site onto High Street. No
gates shall be provided at the vehicular access to the site.
REASON: In the interests of highway safety and to reduce the
likelihood of deliveries occurring on High Street, which would be a
danger to other road users.
[Relevant Policies: Core Strategy DPD CS23]
11. No dwelling or commercial unit shall be occupied until a
means of access for pedestrians has been constructed in accordance
with details which have been submitted to and approved in writing
by the Local Planning Authority in the following locations:
(a) onto High Street;
(b) to the rear car park and delivery area; and
(c) to the cycle and refuse storage area at lower ground floor
level.
All ramps and gradients shall be compliant with Section 5.2: Ramps
of the Department for Transport document 'Inclusive Mobility' and
the Designing for Accessibility in Bracknell Forest SPD.
REASON: In the interests of accessibility and to facilitate access
by pedestrians, including those with disabilities.
[Relevant Policies: BFBLP M6 and M7, Core Strategy DPD CS23]
12. (a) No dwelling or commercial unit shall be occupied
until space has been laid out within the site in accordance with
approved plan 2534-12C for 20 cars to be parked, vehicles to turn,
for the loading and unloading of delivery vehicles, and for refuse
collection to take place.
(b) Parking spaces shall be restricted to the land uses annotated
on the approved plan as follows:
C = Commercial users, 5 spaces per retail unit, 10 spaces
total;
R = Residential users, 1 space per 1-bedroom flat, 8 spaces
total;
V = Visitors, 2 spaces.
(c) Parking spaces numbered 14 (residential) and 5 (commercial) on
the approved plan shall have disabled parking space transfer areas
marked to the side which is away from adjacent parking spaces and
also marked to the rear (into the car park aisle).
(d) No dwelling or commercial unit shall be occupied until details
of the signage for the car parking spaces along with signage for
the High Street frontage of the building stating that all
deliveries are to be made to the rear via Heath Hill Road South and
Thornley Place have been submitted to and approved in writing by
the Local Planning Authority.
Thereafter, the car parking spaces shall be provided and signed in
accordance with the approved details and the signage shall be
provided on the frontage to High Street.
The parking spaces, signage and areas for turning, deliveries and
refuse collection shall thereafter be retained.
REASON: To ensure that the development is provided with adequate
car parking, including for disabled users; for turning; and to
allow for deliveries and refuse collection. To prevent the
likelihood of on-street car parking and deliveries which would be a
danger to other road users.
[Relevant Policies: BFBLP M7 and M9, Core Strategy DPD CS23]
13. No dwelling or commercial unit shall be occupied until 8
secure and covered cycle parking spaces for residents and 2 secure
and covered cycle parking spaces for commercial uses have been
provided in the locations identified for cycle parking on the
approved plans within the development. The cycle parking spaces and
facilities shall thereafter be retained.
REASON: In the interests of accessibility of the development to
cyclists.
[Relevant Policies: BFBLP M9, Core Strategy DPD CS23]
14. No development (including any site clearance or
demolition) shall commence, until a Construction (and Demolition)
Environmental Management Plan (CEMP) has been submitted to and has
been approved in writing by the Local Planning Authority, setting
out.
a) routing of construction and demolition traffic (including
directional signage and appropriate traffic management
measures);
b) parking of vehicles for site operatives and visitors;
c) areas for loading and unloading of plant and materials;
d) areas for the storage of plant and materials used in
constructing the development;
e) location of any temporary portacabins and welfare buildings for
site operatives;
f) any security hoardings;
g) any external lighting of the site;
h) methods of piling for foundations;
i) measures to control the emission of dust, dirt, noise and odour
during demolition and
construction;
j) measures to control surface water run-off during demolition and
construction;
k) construction and demolition working hours, and times during
which delivery vehicles and vehicles taking materials away are
allowed to enter or leave the site;
m) wheel-washing facilities during both demolition and construction
phases; and
n) areas for the turning of construction and demolition vehicles
such that the largest anticipated vehicles can turn and leave the
site in a forward gear.
The approved CEMP shall be adhered to throughout the demolition and
construction period.
No work relating to the development hereby approved, including
works of preparation prior to building operations, shall take place
outside the hours of 0800 and 1800 Monday to Friday; 0800 and 1300
Saturday and at no time on Sundays and Public Holidays.
The approved Construction Environmental Management Plan shall be
operated/observed for the duration of the construction phase.
REASON: In the interests of the amenities of the area and highway
safety.
[Relevant Policies BRBLP: EN20, Core Strategy DPD CS23]
15. No development shall take place until full details of the
Drainage System(s) have been submitted to and approved in writing
by the Local Planning Authority. These shall include:
• Results of intrusive ground
investigations demonstrating infiltration testing in accordance
with the BRE365 at the proposed design depth and the depth of the
seasonally high groundwater table.
• Full details of all components
of the proposed drainage system including dimensions, locations,
gradients, invert and cover levels, planting (if necessary) and
drawings as appropriate taking into account the groundwater
table.
REASON: To ensure that the site is properly drained and does not
increase the risk of flooding in accordance with policy CS1 of the
Core Strategy.
16. The development hereby permitted shall
not be begun until an Energy Demand Assessment demonstrating
that:
(a) the
proposed development will reduce carbon dioxide emissions by at
least 10% against the appropriate Target Emission Rate as set out
in Part L of the Building Regulations (2006), and
(b) a
proportion of the development’s energy requirements will be
provided from on-site renewable energy production (which proportion
shall be 20%)
has been
submitted to and approved in writing by the Local Planning
Authority. The building shall thereafter be constructed in
accordance with the approved assessment and retained as such
thereafter.
REASON: In
the interests of the sustainability and the efficient use of
resources.
[Relevant
Plans and Policies: CSDPD CS12]
17. The development shall not be begun until a
Sustainability Statement covering water efficiency aimed at
achieving an average water use in new dwellings of 110 litres/
person/day, has been submitted to, and agreed in writing by, the
Local Planning Authority. The development shall be implemented in
accordance with the Sustainability Statement, as approved, and
retained as such thereafter.
REASON: In the interests of sustainability and the
efficient use of resources.
[Relevant
Policy: Core Strategy DPD CS10]
In the
event of the S106 agreement not being completed by 19th August
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).
Informatives
01. 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.
02. The applicant is advised that the
following conditions require discharging prior to commencement of
development: 3, 4, 5, 7, 14, 15, 16 and 17.
The following conditions require discharge prior
to the occupation of the dwellings hereby approved: 6, 9, 11, 12,
and 13.
No details are required to be submitted in
relation to the following conditions; however they are required to
be complied with: 1, 2, 8 and 10.
03. The Highways and Transport Section
should be contacted at Time Square, Market Street, Bracknell, RG12
1JD, telephone 01344 352000 or via email at
Highways.Transport@bracknellforest.gov.uk ,to agree the
construction details of the pedestrian access to High Street along
with any incidental work affecting the adopted highway (including
footway) and to grant an agreement or licence before any work is
carried out within the highway. A formal application should be made
allowing at least 12 weeks prior to when works are required to
allow for processing of the application, agreement of the details
and securing the appropriate agreements and licences to undertake
the work. Any work carried out on the public highway without proper
consent from the Highway Authority could be subject to prosecution
and fines related to the extent of work carried out.
04. Notwithstanding the wording of Bracknell
Forest Council's Parking Standards SPD, the Building Regulations
part S "Infrastructure for the charging of electric vehicles" 2021
edition takes effect on 15 June 2022 for use in England. It does
not apply to work subject to a building notice, full plans
applications or initial notices submitted before that date,
provided the work is started on site before 15 June 2023. The
applicant should familiarise themselves with, and comply with, the
requirements of this document with regard to provision of electric
vehicle charging infrastructure.
