Agenda item

22-00361-FUL Land To The Rear Of 29 Warfield Road & 7 Sherring Close

Section 73 application for the variation of Condition 02 (Approved Plans), and the submission/variation of details pursuant to Conditions 03 (Materials), 04 (Finished Floor Levels), 05 (Hard and Soft Landscaping), 06 (Boundary Treatments), 08 (Access), 10 (Parking), 11 (Car Ports), 12 (Cycle and Bin Storage), 13 (Construction Management), 14 (CEMP), 15 (Badger Run), 16 (External Lighting), 17 (Biodiversity Enhancements), 19 (Water Use), 20 (Energy Demand Assessment), 21 (Drainage System Details), 22 (Boundary Treatments-Drainage), 23 (Drainage Maintenance & Management) and 27 (Bin Collection Point) of planning permission 19/00023/FUL for the erection of 3no. dwellings with associated landscaping, parking and access.

Minutes:

Section 73 application for the variation of Condition 02 (Approved Plans), and the submission/variation of details pursuant to Conditions 03 (Materials), 04 (Finished Floor Levels), 05 (Hard and Soft Landscaping), 06 (Boundary Treatments), 08 (Access), 10 (Parking), 11 (Car Ports), 12 (Cycle and Bin Storage), 13 (Construction Management), 14 (CEMP), 15 (Badger Run), 16

(External Lighting), 17 (Biodiversity Enhancements), 19 (Water Use), 20 (Energy Demand Assessment), 21 (Drainage System Details), 22 (Boundary Treatments-Drainage), 23 (Drainage Maintenance & Management) and 27 (Bin Collection Point) of planning permission 19/00023/FUL for the erection of 3no. dwellings with associated landscaping, parking and access.

 

The Committee noted:

 

·                The supplementary report tabled at the meeting.

·                That Bracknell Town Council raised no objection.

·                The 3 letters of objection as summarised in the agenda.

 

Following the completion of a deed of variation of the existing planning obligation(s) under Section 106 of the Town and Country Planning Act 1990 relating to:

 

-        Additional mitigation measures to avoid and mitigate the impact of residential development upon Thames Basin Heaths Special Protection Area (SPA).

 

RESOLVED that the Assistant Director: Planning be authorised to APPROVE the application subject to the following conditions amended, added to or

deleted as necessary:-

 

01. The development hereby permitted shall be begun before the expiration date of the 14.04.2025.

REASON: To comply with Section 91 of the Town and Country Planning Act 1990

 

02. The development hereby permitted shall be carried out only in accordance with the following approved plans received by the Local Planning Authority on:

 

27 Sept 2022:

21.021.WD.110/A

21.021.WD.111/A

21.021.WD.112/A

 

8 Nov 2022:

21.021.WD.03/K 'Site Plan General Arrangement

 

REASON: To ensure that the development is carried out only as approved by the Local Planning Authority.

 

03. The materials to be used in the construction of the external surfaces of the development hereby permitted shall be in compliance with dwg 21.021.WD.113 and 21.021.WC.04 Rev J dated April 2022.

REASON: In the interests of the visual amenities of the area.

[Relevant Policies: BFBLP 'Saved' Policy EN20; Core Strategy DPD CS7]

 

04. The development hereby permitted shall be constructed in accordance with the finished floor levels shown on drawing 21.021.WD.03 J dated April 2022.

REASON: In the interests of the character of the area.

[Relevant Policies: BFBLP 'Saved' Policy EN20, Core Strategy DPD CS7]

 

05. The development shall not be occupied until a scheme depicting hard and soft

landscaping has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include a 3 year post planting maintenance schedule.

All planting comprised in the soft landscaping works shall be carried out and completed in full accordance with the approved scheme, in the nearest planting season (1st October to 31st March inclusive) to the completion of the development or prior to the occupation of any part of the approved development, whichever is sooner. All hard landscaping works shall be carried out and completed prior to the occupation of any part of the approved development. As a minimum, the quality of all hard and soft landscape works shall be carried out in accordance with British Standard 4428:1989 'Code of Practice For General Landscape Operations' or any subsequent revision. All trees and other plants included within the approved details shall be healthy, well formed specimens of a minimum quality that is compatible with British Standard 3936:1992 (Part 1) 'Specifications For Trees & Shrubs' and British Standard 4043 (where applicable) or any subsequent revision. Any trees or other

plants which within a period of 5 years from the completion of the development, die, are removed, uprooted, are significantly damaged, become diseased or deformed, shall be replaced during the nearest planting season (1st October to 31st March inclusive) with others of the same size, species and quality as approved.

REASON: In the interests of good landscape design and the visual amenity of the area.

[Relevant Policies: BFBLP EN2 and EN20, CSDPD CS1 and CS7]

 

06. No development shall be occupied until details of the boundary treatments (fencing, hedges, walls) have been submitted to and approved in writing by the Local Planning Authority. The approved details shall thereafter be implemented and retained as such. All boundary treatments shall provide for the free movement of wildlife to and from the site.

REASON: In the interests of the visual amenity of the area, and biodiversity

[Relevant Plans and Policies: CSDPD CS1, CS7]

 

07. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any order revoking and re-enacting that order with or without modification), no windows or dormer windows at first floor level or above shall be installed on any of the north or south-facing elevations of the dwellings of Plot 1, 2 or 3 hereby approved or the eastern elevation of Plot 3, with the exception of those shown on the approved plans.

REASON: In the interests of the residential amenity of the neighbouring residential properties

[Relevant Policy: BFBLP 'Saved' Policy EN20].

 

08. No dwelling hereby permitted shall be occupied until the means of vehicular and pedestrian access to that dwelling has been provided in accordance with drawing

21.021.WD.03 revision K and 21.021.WD.04 revision K with details of construction and materials to be submitted to and approved in writing by the Local Planning Authority. The access road and turning area shall be surfaced in a bound or bonded material to reduce noise and dust and to avoid deposition of loose material onto the highway. Thereafter the means of vehicular and pedestrian access shall remain clear of obstruction. The area beyond the northern end of the turning head shall also remain clear of obstruction above 100mm above the height of the carriageway to allow turning by a fire tender to be undertaken as shown on drawing 21.021.WD.03 revision K (bottom panel).

REASON: In the interests of highway safety, to ensure access by emergency vehicles, and for the amenity of surrounding properties and the local area..

[Relevant Policies: Core Strategy DPD CS23, NPPF 112 d) ; BFB Local Plan EN20 (vii)]

 

09. No dwelling hereby permitted shall be occupied until:

(a) Priority working signs and markings have been provided at the locations annotated on drawing 21.021.WD.03 revision K with clear visibility to the signs of at least 17m   as shown on drawing 21.021.WD.03 revision K.

(b) Visibility splays have been provided in the following locations:

(i) at the junction of the site access with Warfield Road in accordance with drawing 2541-PL-07 'Block Plan Showing Vision Splays Site Access Swept Paths', received by the Local Planning Authority on 22 February 2019.

(ii) south-west of plot 3 as shown dashed orange on plan 21.021.WD.03 revision K.

(iii) between a waiting vehicle south-west of plot 3 and an approaching vehicle from the east of at least 19m as annotated on drawing 21.021.WD.03 revision K.

The areas providing visibility to signs and visibility splays shall thereafter be kept free of all obstructions to visibility over a height of 0.6 metres measured from the surface of the adjacent carriageway.

REASON: In the interests of highway safety.

[Relevant Policies: Core Strategy DPD CS23]

 

10. No dwelling shall be occupied until the associated vehicle parking and turning space for 3 cars per dwelling has been surfaced and marked out in accordance with the drawing 21.021.WD.04 revision K with electric vehicle charging points for each dwelling with an output of at least 7kW provided in the locations marked with a blue circle on plan 21.021.WD.04 revision K. The spaces and turning areas shall thereafter be kept available for parking and turning at all times.

REASON: To ensure that the development is provided with adequate car parking designed to enable charging of plug-in vehicles and to prevent the likelihood of on-street car parking which would be a danger to other road users.

[Relevant Policies: BFBLP M9, Core Strategy DPD CS23, NPPF 112 e)]

 

11. No dwelling shall be occupied until 4 secure and covered cycle parking spaces per dwelling have been provided in the locations identified 'Secure cycle store' for cycle parking on the approved plan 21.021.WD.04 revision K and access between these secure cycle stores and the carriageway of the accessway has been provided. The cycle parking spaces and access routes to these shall thereafter be retained.

REASON: In the interests of accessibility of the development to cyclists.

[Relevant Policies: BFBLP M9, Core Strategy DPD CS23]

 

12. No dwelling hereby permitted shall be occupied until a bin collection point has been provided south of the access road south of no. 29 Warfield Road in the location annotated BCP on the approved plans (within 25 metres of the adopted highway of Warfield Road). The bin collection point shall be retained thereafter.

REASON: In order to ensure that waste collection can be undertaken, in the interests of highway safety, character of the area and amenity of residents.

[Relevant Policies: BFBLP 'Saved' Policies EN20, Core Strategy DPD CS7 and CS23]

 

13. Notwithstanding the approved plans, the porches to the front (north east elevation) of plots 1 and 2 shall be open-sided and open-fronted in order that waste receptacles can be moved from their storage location to the access road through the porch. The access routes between waste stores and the access road under the porches for plots 1 and 2 shall thereafter be kept clear for movement of waste receptacles at all times.

REASON: In order to ensure that waste collection can be undertaken, in the interests of highway safety, character of the area and amenity of residents.

[Relevant Policies: BFBLP 'Saved' Policies EN20, Core Strategy DPD CS7 and CS23]

 

14. No development shall take place 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, and

 (f) Sufficient area for turning such that the largest anticipated construction vehicle can arrive in a forward gear from Warfield Road, turn within the development area, and depart onto Warfield Road in a forward gear.

(g) Measures to control the emission of dust, dirt and noise during construction;

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 (f) above.

REASON: In the interests of visual amenity, amenity of surrounding properties and road safety

[Relevant Policies: CSDPD Policy CS7 & CS23, BFBLP 'Saved' Policy EN20]

 

15. The development shall comply with the Construction and Environmental Management Plan (CEMP) produced by St Edwards Ecology dated September 2022 – Version 3 Rev A in full during the construction of the development.

REASON: In the interests of nature conservation

[Relevant Plans and Policies: CSDPD CS1]

 

16. The badger run shall be provided in accordance with dwg 21.021.WD.04 revision K prior to the occupation of the dwellings and be retained thereafter.

REASON: In the interests of nature conservation               

[Relevant Plans and Policies: CSDPD CS1, CS7]

 

17. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) or any Order revoking and re-enacting that Order, and with the exception of the lighting shown on dwg 21.021.WD.04 revision K, no further external lighting shall be installed on the site or affixed to any dwellings on the site except in accordance with details set out in a lighting design strategy for biodiversity that has first been submitted to and approved in writing by the Local Planning Authority. The strategy shall:

a) identify those area/features on site that are particularly sensitive for badgers and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and

b) show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent badgers using their territory or having access to their breeding sites and resting places.

All external lighting thereby approved shall be installed in accordance with the specifications and locations set out in the strategy, and shall be maintained thereafter in accordance with the strategy.

REASON: In the interests of nature conservation               

[Relevant Plans and Policies: CSDPD CS1, CS7]

 

18. The biodiversity enhancements (not mitigation) shown on 21.021.WD.204 revision K shall be performed, observed and complied with prior to occupation of the dwellings and retained in perpetuity.

REASON: In the interests of nature conservation

[Relevant Policies: CSDPD Policies CS1, CS7]

 

19. An ecological site inspection report shall be submitted to the Local Planning Authority within three months of the first occupation of any dwelling hereby approved. Any recommendations contained within this report, which shall include timings, shall be agreed in writing by the Local Planning Authority. Any agreed action/works shall be performed, observed and complied with.

REASON: In the interests of nature conservation

[Relevant Plans and Policies: CSDPD CS1, CS7]

 

20. The development shall be implemented in accordance with the Water Efficiency letter produced by Energy Test dated 2 February 2022 and implemented and retained as such thereafter.

REASON: In the interests of sustainability and the efficient use of resources.

[Relevant Policy: Core Strategy DPD CS10]

 

21. The development shall be implemented in accordance with the Energy Statement

prepared by Energy Test and received by the Local Planning Authority on 28th July 2022 and shall be retained in accordance therewith.

REASON: In the interests of the sustainability and the efficient use of resources.

[Relevant Plans and Policies: CSDPD Policy CS12]

 

22. The drainage shall be implemented during the construction of the dwellings and retained strictly in accordance with the drainage Technical Note revision A dated 08.11.2022 K43043-ATCN-92-XX-TN-C-001.

REASON: To ensure that the site is properly drained and does not increase the risk of flooding.

 

23. The drainage shall be implemented in accordance with the Drainage Design Technical Note dated 17.06.2022 and produced by ATCN Consulting and retained thereafter.

REASON: To ensure that the site is properly drained and does not increase the risk of flooding.

[Relevant Policy: Core Strategy DPD CS1]

 

24. The boundary treatments within the existing flow routes shall be constructed in accordance with drawing K43043-ATCN-92-ZZ-DR-C-3000 P1 and shall be implemented prior to the occupation of the dwellings and retained thereafter.

REASON: To ensure that the site is properly drained and that the boundary treatments do not increase the risk of flooding.

[Relevant Policy: Core Strategy DPD CS1]

 

25. The surface water drainage shall be maintained and managed in accordance with the Drainage Design Technical Note dated 17.06.2022 and produced by ATCN Consulting. The approved details shall thereafter be implemented and retained as such.

REASON: To ensure that the site is properly drained and does not increase the risk of flooding

[Relevant Policy: Core Strategy DPD CS1]

 

26. The dwellings hereby permitted shall not be occupied until a verification report has been submitted to and approved in writing by the Local Planning Authority, including evidence demonstrating the agreed construction details and specifications have been implemented. This shall include photos of excavations and soil profiles/horizons, any placement of tanking, crating, connecting pipe work, aquacludes or aquabrakes, cover systems, etc.

REASON: To ensure that the site is properly drained and does not increase the risk of flooding

[Relevant Policy: Core Strategy DPD CS1]

 

27. The Drainage Design and Maintenance Homeowners Guide dated July 2022 shall be provided to each property on occupation.

REASON: To ensure that the site is properly drained and does not increase the risk of flooding

[Relevant Policy: Core Strategy DPD CS1]

 

28. The following windows on the first floor side elevations of the dwellings hereby permitted, shall not be glazed at any time other than with a minimum of Pilkington Level 3 obscure glass (or equivalent). They shall at all times be fixed with the exception of a top hung openable fanlight set at least 1.7 metres off the finished floor levels:

- South and North facing elevation of Plot 1

- South and North facing elevation of Plot 2

Any replacement windows shall be glazed and fixed to this standard, and retained as such.

REASON: In the interests of the residential amenity of the neighbouring properties within the

development hereby approved.

[Relevant Policy: BFBLP 'Saved' Policy EN20].

 

29. The development shall not be occupied until evidence has been provided to and agreed in writing by the Local Planning Authority that the development will be served by a superfast broadband (fibre optic) connection. Where it can be demonstrated that this would not be possible, practical or economically viable, through consultation with Next Generation Access (NGA) Network providers, sufficient and suitable ducting shall be provided within the site and to the dwellings to facilitate ease of installation at a future date. The agreed details shall be fully integrated into the proposed development and retained therein.

REASON: To provide high speed broadband

[Relevant Policies: Policy EC6 Broadband of the Bracknell Town Council Neighbourhood Plan 2021]

 

30. Prior to the erection of any gates on the development details of:

(a) the operation of the gates,

(b) how access through the gates by trades, deliveries, and emergency services will be achieved, and

(c) details of any access and intercom system

shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented in full.

REASON: To avoid vehicles reversing onto Warfield Road in the interests of highway safety.

[Relevant policy: Core Strategy CS23; NPPF 110 b), 111 & 112 d)]

In the event of the deed of variation to the existing S106 agreement not being completed by 28th February 2023, 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).

Supporting documents:

 

Contact Information

Democratic services

Email: committee@bracknell-forest.gov.uk