Agenda item

21/00707/OUT Former Bus Station Site, Market Street, Bracknell

Meeting of Planning Committee, Thursday, 15 December 2022 6.30 pm (Item 61.)

Hybrid planning application (part detailed / part outline) for the phased redevelopment of the Site to provide 169 residential (Use Class C3) and 850 sqm commercial floorspace (Use Class E(a),(b),(c),(d),(g),(g(i)) and F1(a) & (b)) delivered across three blocks of accommodation [detailed element] and the erection of a single block providing up to 2699 sqm of commercial floorspace (Use Class E (b), (c), (e), (f) and (g) and F2(b)) [outline element, matters reserved - layout, scale and appearance] and all other associated works including landscaping, public realm, car parking and cycle parking.

NOTE: Hybrid Application - Full planning permission is sought for the Blocks A/B/C, landscaping, access and car parking.

Minutes:

Having declared a disclosable pecuniary interest being a Board member of the joint venture, Councillor Heyden withdrew from the meeting during consideration of this item.

NOTE: Hybrid Application - Full planning permission is sought for the Blocks A/B/C, landscaping, access and car parking

The Committee noted:

The supplementary report tabled at the meeting.
The Financial Viability Assessment which had been prepared since the application was considered, as detailed in the agenda.

Following the completion of a legal agreement under section 106 of the Town and Country Planning Act 1990 to secure planning obligations relating to:

i. Measures to avoid and mitigate the impact of residential development upon the Thames Basins Heath SPA;

ii. provision of the agreed standard of affordable housing;

iii terms to ensure that the outline part of the application maintains the predicted biodiversity net gain in Reserved Matters;

iv. terms to secure contribution for monitoring biodiversity net gain for 30 years (0.31 ha);

v. Terms to secure maintenance and replacement of moveable planters for the lifetime of the development;

vi. The requirement to enter into legal agreements pursuant to section 278 and section 38 of the Highways Act 1980 for the highway works along Market Street to create vehicle access and a widened footway as well as providing a new public link to

the Peel Centre suitable for pedestrians and cyclists;

vii. A financial contribution towards transport infrastructure to mitigate the impact of the development;

viii. Securing off site car parking to serve the development within car parks owned by Bracknell Forest Council;

ix. A financial contribution towards a new Traffic Regulation Order in relation to a movement restriction at the new egress to the site at the northern end of the site;

x. A travel plan for the commercial and residential elements of the proposal;

xi. A financial contribution towards Active and Passive Open Space of Public Value; and

xii. A financial contribution towards community facilities

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

01.Applications for approval of the first Reserved Matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

REASON: To comply with Section 92 of the Town and Country Planning Act 1990.

02.The development approved by Reserved Matters shall begin no later than the expiration of three years from the final approval of the reserved matters for that Phase, or, in the case of approval on different dates for a single Phase, the final approval of the last such matter to be approved.

REASON: To comply with Section 92 of the Town and Country Planning Act 1990.

03.No development (excluding enabling works, demolition and site clearance) shall take place until a plan identifying the extent of each Phase or Sub-phase has been submitted to and approved in writing by the Local Planning Authority.

REASON: In the interests of the proper planning and comprehensive delivery of the site and associated infrastructure. [Relevant Policies: BFBLP EN20, CSDPD CS5 and CS7]

04.Phase 1 of the development hereby permitted shall be begun before the expiration of three years from the date of this permission.

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

05.The development hereby permitted shall be carried out only in accordance with the following approved plans received by the Local Planning Authority on 17.12.2021

MAR-CGL-ZZ-ZZ-DR-A-000001 R2

MAR-CGL-ZZ-00-DR-A-050001 R6

MAR-CGL-ZZ-01-DR-A-050002 R3

MAR-CGL-ZZ-02-DR-A-050003 R3

MAR-CGL-ZZ-03-DR-A-050004 R4

MAR-CGL-ZZ-03-DR-A-050005 R2

MAR-CGL-ZZ-03-DR-A-050006 R2

MAR-CGL-ZZ-03-DR-A-050007 R2

MAR-CGL-ZZ-03-DR-A-050008 R2

MAR-CGL-ZZ-03-DR-A-050009 R2

MAR-CGL-ZZ-03-DR-A-050010 R3

MAR-CGL-ZZ-03-DR-A-050011 R3

MAR-CGL-ZZ-03-DR-A-050012 R3

MAR-CGL-ZZ-03-DR-A-050013 R3

MAR-CGL-ZZ-03-DR-A-050014 R3

MAR-CGL-ZZ-03-DR-A-050015 R2

MAR-CGL-ZZ-03-DR-A-050016 R2

MAR-CGL-ZZ-03-DR-A-050017 R2

MAR-CGL-ZZ-LG-DR-A-050000 R2

MAR-CGL-ZZ-RF-DR-A-050018 R2

MAR-CGL-ZZ-ZZ-DR-A-000003 R2

MAR-CGL-ZZ-ZZ-DR-A-060001 R4

MAR-CGL-ZZ-ZZ-DR-A-060002 R4

MAR-CGL-ZZ-ZZ-DR-A-060003 R4

MAR-CGL-ZZ-ZZ-DR-A-060004 R4

MAR-CGL-ZZ-ZZ-DR-A-060005 R2

MAR-CGL-Z1-ZZ-DR-A-060100 P2

MAR-CGL-Z1-ZZ-DR-A-060101 P2

MAR-CGL-Z1-ZZ-DR-A-060102 P2

MAR-CGL-Z1-ZZ-DR-A-060103 P2

MAR-CGL-ZZ-00-DR-A-050200 R5

MAR-CGL-ZZ-00-DR-A-050201 R5

MAR-CGL-ZZ-00-DR-A-050204 R5

MAR-CGL-ZZ-01-DR-A-050202 R3

MAR-CGL-ZZ-01-DR-A-050203 R2

MAR-CGL-ZZ-00-DR-A-050100 R6

MAR-CGL-ZZ-ZZ-DR-A-060100 R4

MAR-CGL-ZZ-ZZ-DR-A-060101 R4

LN00625 L-100 P07

LN00625 L-101 P11

Market Street Flood Risk Assessment And Drainage Strategy (including SuDS Assessment)

Former Bus Depot Site, Market Street Energy Statement

Former Bus Depot Site, Market Street Sustainability Statement

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

06. No development above slab level for each phase shall take place until samples of the materials to be used in the construction of the external surfaces of the development hereby permitted, to include bricks and roof materials, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

REASON: In the interests of the visual amenities of the area. [Relevant Policies: BFBLP EN20, Core Strategy DPD CS7]

07. Prior to the commencement of development for each phase, details are to be submitted and approved in writing by the Local Planning Authority, to accommodate the following:

(a) Parking of vehicles of site personnel, operatives and visitors (b) Loading and unloading of plant and vehicles

(d) Wheel cleaning facilities

(e) Temporary portacabins and welfare for site operatives

and each facility shall be retained throughout the course of construction of the development, free from any impediment to its designated use. No other areas on the site, other than those in the approved scheme shall be used for the purposes listed (a) to (e) above

REASON: In the interests of amenity and road safety.

08.A landscape and ecological management plan (LEMP) shall be submitted to and approved in writing by the Local Planning Authority prior to the practical completion of each phase of the development. The content of the LEMP shall include the following:

a) Description and evaluation of features to be managed

b) Ecological trends and constraints on site that might influence management

c) Aims and objectives of management

d) Appropriate management options for achieving aims and objectives

e) Prescriptions for management actions

f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period)

g) Details of the body or organization responsible for implementation of the plan

h) On-going monitoring and remedial measures The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management bodies responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme.

The approved LEMP will be implemented in accordance with the approved details.

REASON: In the interests of nature conservation.

[Relevant Plans and Policies: Core Strategy CS1]

09. Prior to the occupation of each phase of development a scheme for the provision of biodiversity enhancements (not mitigation), including a plan or drawing showing the location of these enhancements, shall be submitted to and approved in writing by the Local Planning Authority. An ecological site inspection report shall be submitted within three months of the first occupation of the first dwelling hereby approved confirming the implementation of the approved enhancement measures. The approved scheme shall be performed, observed and complied with.

REASON: In the interests of nature conservation.

[Relevant Plans and Policies: Core Strategy CS1]

10. Prior to the commencement of each phase (including demolition and site clearance) a Construction Environmental Management Plan (CEMP) to control the environmental effects of the demolition and construction work for that phase shall be submitted to and approved in writing by the Local Planning Authority. The CEMP shall include measures for: -

(ï) - the control of noise (including noise from any piling and permitted working hours)

(ii) control of dust, smell and other effluvia

(iii) the control of pests and other vermin (particularly during site clearance)

(iii) control of surface water run off

(iv) site security arrangements including hoardings

(v) proposed method of piling for foundations (vi) construction and demolition working hours

(vii) The control of noise from delivery vehicles, hours during the construction and demolition phase, and times when delivery vehicles or vehicles taking materials are allowed to enter and leave the site.

Construction activity shall be carried out in accordance with the approved CEMP.

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

11.Prior to the occupation of each phase of the development hereby permitted comprehensive details of both hard and soft landscaping works for that phase shall be submitted to and approved in writing by the Local Planning Authority. These details shall include:

a) Comprehensive planting plans of an appropriate scale and level of detail that provides adequate clarity including details of ground preparation and all other operations associated with plant and grass establishment, full schedules of plants, noting species, and detailed plant sizes/root stock specifications, planting layout, proposed numbers/densities and locations.

b) Details of semi mature tree planting.

c) Comprehensive 5 year post planting maintenance schedule.

d) Underground service (drainage, power, communications cables, pipelines etc. indicating lines, manholes etc.) and external lighting layout to include existing reused and proposed new routes.

e) Means of enclosure (walls and fences etc)

f) Paving including pedestrian open spaces, paths, patios, proposed materials and construction methods, cycle routes, parking courts, play areas etc.

Prior to the occupation of each phase of the development hereby permitted, all planting associated with that phase shall be carried out and completed in full accordance with the approved scheme, in the nearest planting season (1st October to 31st March inclusive) to occupation of the phase of the development. All hard landscaping works associated with a phase of the development shall be carried out and completed prior to the occupation of that phase of the approved development. As a minimum, the quality of all hard and soft landscape works shall be carried out in accordance with British Standard 4428:1989 'Code of Practice for General Landscape Operations' or any subsequent revision. All trees and other plants included within the approved details shall be healthy, well formed specimens of a minimum quality that is compatible with British Standard 3936:1992 (Part 1) 'Specifications for Trees & Shrubs' and British Standard 4043 (where applicable) or any subsequent revision. Any trees or other plants which within a period of 5 years from the completion of the development, die, are removed, uprooted, are significantly damaged, become diseased or deformed, shall be replaced during the nearest planting season (1st October to 31st March inclusive) with others of the same size, species and quality as approved by the Local Planning Authority

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

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

12.The development hereby permitted shall be implemented in accordance with the submitted Sustainability Statement and shall be retained in accordance therewith.

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

[Relevant Policy: Core Strategy DPD CS10]

13.The development hereby permitted shall be implemented in accordance with the submitted Energy Statement and shall be retained in accordance therewith.

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

[Relevant Plans and Policies: CSDPD Policy CS12]

14. No development above slab level shall take place until details of the access to the site have been submitted to and approved in writing by the Local Planning Authority. The buildings shall not be occupied/open for trade until the works have been completed.

REASON: In the interests of highway safety.

[Relevant Policies: Core Strategy DPD CS23];

15. No dwelling or building shall be occupied until a means of pedestrian/cycle access has been constructed in accordance with details which have been submitted to and approved in writing by the Local Planning Authority.

REASON: In the interests of accessibility and to facilitate access by cyclists and/or pedestrians.

[Relevant Policies: BEBLP M6, Core Strategy DPD CS23]

16. Prior to the occupation of each phase of the development, the associated vehicle parking and turning spaces for that phase shall be surfaced and marked out in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority. The spaces shall not thereafter be used for any purpose other than parking and turning.

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

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

17. Prior to the occupation of each phase of the development a scheme shall be submitted to and approved in writing by the Local Planning Authority for covered and secure cycle parking facilities. Each phase of the development shall not be occupied until the approved scheme for that phase has been implemented. The facilities shall thereafter be retained.

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

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

18. No commercial unit shall be occupied until a scheme has been submitted to and approved in writing by the Local Planning Authority for covered and secure cycle parking facilities (including shower facilities and lockers for employees). The facilities shall thereafter be retained.

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

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

19. Prior to commencement (excluding demolition, site clearance enabling works and piling) of each phase details showing the finished floor levels of the buildings hereby approved in relation to a fixed datum point are to be submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details.

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

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

20. Prior to the occupation of each phase, the dwellings hereby approved shall not be occupied until a noise mitigation scheme for protecting the proposed dwellings from road noise has been submitted to and approved by the Local Planning Authority. The noise mitigation measures shall be installed, retained and maintained thereafter in accordance with the approved scheme

REASON: To protect future residents from external noise.

[Relevant Policies: BFBLP EN25]

21. Prior to the occupation of each phase, the dwellings hereby approved shall not be occupied until a scheme for the protection of the occupiers of the proposed dwellings located above the commercial units from noise from the commercial units below has been submitted to and approved by the Local Planning Authority. Any works which form part of the scheme approved by the Local Planning Authority shall be completed before any permitted dwelling is occupied and thereafter shall be retained.

REASON: To ensure that the amenities of the future residents is not adversely affected by noise.

[Relevant Policies:, BFBLP EN25]

22. No commercial unit shall be occupied until details of plant and equipment including air conditioning units or chiller units have been submitted to and approved in writing by the Local Planning Authority. The details should include a noise assessment. The noise generated from the plant and equipment whilst in operation shall not cause the existing background noise level to increase whilst in operation measured in accordance with BS4142:2014. The plant and equipment shall be installed and operated in accordance with the approved scheme.

REASON: To ensure that the proposed development does not prejudice the enjoyment of neighbouring occupiers of their properties.

[Relevant Policies: BFBLP EN25] [Relevant Policies: BFBLP EN25]

23. The development hereby permitted shall not be begun (excluding demolition, site clearance, enabling works and piling) until a plan showing visibility splays has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. The visibility splays shall thereafter be kept free of all obstructions to visibility over a height of 0.6 metres measured from the surface of the adjacent carriageway.

REASON: In the interests of highway safety.

[Relevant Policies: Core Strategy DPD CS23]

24.No development above slab level shall commence until a scheme for the internal design of the car park has been submitted to and approved in writing by the Local Planning Authority and shall include details of:

(a) directional signs and their locations

(b) surface markings

(d) location and design of cycle parking and motorcycle parking (including bollards to control parking areas),

(e) details of the car park control system and scheme of operation and maintenance

(f) car parking for people with disabilities including signage

(g) gradients of the pedestrian and access routes

(h) location of ev charging points

The approved scheme shall be implemented prior to the car park being first brought into use and shall thereafter be retained.

REASON: In the interests of the accessibility and safety of the car park users.

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

25. No gates shall be provided at the vehicular access and egress to the site.

REASON: In the interests of highway safety.

[Relevant Policies: Core Strategy DPD CS23]

26. No development above slab level shall take place until a scheme has been submitted to and approved in writing by the Local Planning Authority for off site highway works including the following:

- Access and egress to the site from Market Street

- Widening the footway along the site frontage with Market Street

The buildings constructed in the course of the development shall not be occupied/open for trade until the off-site highway works have been completed in accordance with the scheme.

REASON: In the interests of highway safety.

27. No development above ground floor slab level shall be commenced until a scheme has been submitted to and approved by the Local Planning Authority setting out how the Car Parking Spaces provided on and off site shall be allocated to occupiers of the development hereby approved and managed in perpetuity. The scheme shall provide details of:

(a) The allocation of on and off site parking spaces to residents/occupiers of each block, and the allocation of spaces when units are re-sold or re-let;

(b) The allocation of on and off site parking spaces between the different tenures of residential units on the development;

(c) on site restrictions to prevent parking on roads and loading bays within the site to include details of enforcement of parking restrictions on site;

(d) How the number of permits for off site parking will be allocated for residents of the development;

(e) How off site parking will be secured and administered.

REASON: To ensure that the development is provided with adequate parking to prevent the likelihood of on-street parking which could be a danger to other road users.

[Relevant Policy: BFBLP M9]

28. Development of Block D shall not commence until the results of hydraulic modelling of the overland flow paths have been submitted to and approved by the Local Planning Authority.

REASON: In order to ensure the provision of adequate drainage works to the serve the development.

[Relevant Policy: BWLP WLP6]

29. No development above ground floor slab level shall be begun until details of onsite refuse storage (including any open air storage facilities) for waste material awaiting disposal (including details of any screening) have been submitted to and approved in writing by the Local Planning Authority. Such facilities shall be provided in accordance with the approved details prior to the first occupation of the development and thereafter permanently retained.

REASON: To ensure the provision of satisfactory waste collection facilities in the interests of amenity.

[Relevant Policies: BWLP WLP6 and WLP9]

30. No more than 318 sqm gross internal floorspace shall be occupied as a food retail unit falling within Class E (a) of the Town and Country Planning (Use Classes) Order 1987 (as amended) on the site at any time.

REASON: The development does not provide on-site parking to serve a retail unit and on-street parking by users of any retail unit could be a danger to other road users.

[Relevant Policy: BFBLP M9]

31. Prior to the occupation of each phase of the development details of the design, operation and ongoing maintenance regime for electric vehicle charging infrastructure with a minimum output of 7kW shall be submitted to and approved in writing by the Local Planning Authority. Electric vehicle charging infrastructure shall be provided in a minimum of 20% of car parking spaces provided on site. The development shall be carried out in accordance with the approved details.

REASON: In the interests of sustainable transport.

[Relevant Policy: Local Plan Policy M9; NPPF paragraph 112 e); and Parking Standards SPD paragraph 3.8 part 1 supported by the NPPF at paragraph 107 e).

32. No delivery vehicles with a length in excess of 10m shall be permitted to enter the site.

REASON: In the interests of highway safety.

[Relevant Policies: Core Strategy DPD CS23]

In the event of the S106 agreement not being completed by 31st March 2023, the Assistant Director: Planning be authorised to either extend the period further or refuse the application for the following reasons: -

1. 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).

2. In the absence of a planning obligation in terms that are satisfactory to the Local Planning Authority, and which secure contributions towards integrated transport and highway measures, open space and community facilities, the proposed development would unacceptably increase the pressure on highways and transportation infrastructure and public open space and the proposal would be contrary to Policies R5 and M4 of the Bracknell Forest Borough Local Plan and CS6, CS8, and CS24 of the Core Strategy Development Plan Document and to the Planning Obligations SPD and the NPPF.

3. In the absence of a planning obligation to secure affordable housing in terms that are satisfactory to the Local Planning Authority, the proposal would be contrary to Policy H8 of the Bracknell Forest Borough Local Plan, Policies CS16 and CS17 of the Core Strategy Development Plan Document, the Planning Obligations SPD, the resolution on affordable housing made by BFC Executive on 29 March 2011, and the NPPF.

Supporting documents:

9. 21-00707-OUT Former Bus Station Site Market St. Bracknell v2, item 61. PDF 165 KB