Agenda item

Section 73 application to vary condition 04 (approved plans), 02 (Landscaping Reserved matters), 05 (Phasing Plan), 06 (CEMP), 07 (Drainage), 08 (SUDS), 09 (Remediation), 11 (Gas Mitigation), 12 (Leachates), 13 (Bats), 14 (Badgers), 16 (Archaeology) and 17 (Tree Protection) of planning permission 19/00847/OUT allowed under Appeal (Ref: APP/R0335/W/21/3267437) for demolition of existing Palm Hills complex and redevelopment of site to provide 81 dwellings (15no. one bedroom, 8no. two bedroom, 49no. three bedroom and 9no. four bedroom) with associated car parking, landscaping and amended access onto London Road (means of access, appearance, layout and scale to be considered, landscaping reserved for future consideration). [For clarification: this application seeks changes to house types on plot numbers 1, 5, 6, 7, 8, 9, 10, 11, 12, 18, 19, 20, 21, 23, 24, 25, 26, 7, 28, 29, 30, 31, 68, 69, 70, 71, 72, 73, 74, 75, 76, 78, 79, 80 and 81].

Section 73 application to vary condition 04 (approved plans), 02 (Landscaping Reserved matters), 05 (Phasing Plan), 06 (CEMP), 07 (Drainage), 08 (SUDS), 09 (Remediation), 11 (Gas Mitigation), 12 (Leachates), 13 (Bats), 14 (Badgers), 16 (Archaeology) and 17 (Tree Protection) of planning permission 19/00847/OUT allowed under Appeal (Ref: APP/R0335/W/21/3267437) for demolition of existing Palm Hills complex and redevelopment of site to provide 81 dwellings

(15no. one bedroom, 8no. two bedroom, 49no. three bedroom and 9no. four bedroom) with associated car parking, landscaping and amended access onto London Road (means of access, appearance, layout and scale to be considered, landscaping reserved for future consideration). [For clarification: this application seeks changes to house types on plot numbers 1, 5, 6, 7, 8, 9, 10, 11, 12, 18, 19, 20, 21, 23, 24, 25, 26, 7, 28, 29, 30, 31, 68, 69, 70, 71, 72, 73, 74, 75, 76, 78, 79, 80 and 81].

 

The Committee noted:

·       The supplementary report tabled at the meeting.

·       The comments from Winkfield Parish Council as detailed in the report.

·       The 4 objections received as summarised in the agenda.

 

RESOLVED that the Assistant Director: Planning be authorised to grant planning permission subject to a deed of variation to the original s106 agreement (as varied) and the following conditions, added to or deleted as the Assistant Director: Planning considers necessary:

 

1. The development shall be carried out in accordance with the landscaping reserved

matters details approved under reference 21/00772/REM.

 

2. The development hereby permitted shall be carried out in accordance with

the following approved plans:

1295/Pln/100B Site Location Plan

1295/Pln/101F Site Layout

1295/Pln/101-1FSite Layout (Coloured)

1295/Pln/102A Plot 1 Plans and Elevations

1295/Pln/103 Plot 2 Plans and Elevations

1295/Pln/104 Plot 3 Plans and Elevations

1295/Pln/105 Plot 4 Plans and Elevations

1295/Pln/106C Plots 5-6 Plans and Elevations

1295/Pln/107C Plots 7-8 Plans and Elevations

1295/Pln/108C Plots 9- 10 Plans and Elevations

1295/Pln/109C Plots 11-12 Plans and Elevations

1295/Pln/110 Plot 13 Plans and Elevations

1295/Pln/111A Plots 14-17 Plans and Elevations

1295/Pln/112B Plots 18-19 Plans and Elevations

1295/Pln/113B Plots 20-21 Plans and Elevations

1295/Pln/114 Plot 22 Plans and Elevations

1295/Pln/115B Plots 23-24 Plans and Elevations

1295/Pln/116B Plot 25 Plans and Elevations

1295/Pln/117B Plots 26-27 Plans and Elevations

1295/Pln/118B Plots 28-29 Plans and Elevations

1295/Pln/119B Plots 30-31 Plans and Elevations

1295/Pln/120A Plots 32-34 Plans and Elevations

1295/Pln/121 Plot 35 Plans and Elevations

1295/Pln/122 Plots 36-37 Plans and Elevations

1295/Pln/123 Plots 38- 39 Plans and Elevations

1295/Pln/124 Plots 40-41 Plans and Elevations

1295/Pln/125A Plot 42 Plans and Elevations

1295/Pln/126B Plots 43-63 Floor Plans (Sheet 1)

1295/Pln/127A Plots 43-63 Floor Plans (Sheet 2)

1295/Pln/128A Plots 43-63 Elevations

1295/Pln/129 Plot 64 Plans and Elevations

1295/Pln/130 Plot 65 Plans and Elevations

1295/Pln/131 Plot 66 Plans and Elevations

1295/Pln/132 Plot 67 Plans and Elevations

1295/Pln/133B Plots 68-69 Plans and Elevations

1295/Pln/134B Plots 70-71 Plans and Elevations

1295/Pln/135B Plots 72-73 Plans and Elevations

1295/Pln/136B Plot 74 Plans and Elevations

1295/Pln/137B Plots 75-76 Plans and Elevations

1295/Pln/138 Plot 77 Plans and Elevations

1295/Pln/139C Plots 78-79 Plans and Elevations

1295/Pln/140C Plots 80-81 Plans and Elevations

1295/Pln/141C Indicative Street Scenes

1295/Pln/142D Site Sections

1295/Pln/143F Indicative Levels Plan

1295/Pln/144F Road Levels and Sections

1295/Pln/145G Block Plan

1295/Pln/146G Building Heights Plan

1295/Pln/147F Information Plan

1295/Pln/148 Existing Site Survey

19-T067_06B Potential right turn lane and junction visibility

SH23354 11E-Sheet 1 of 4

SH23354 11E-Sheet 2 of 4

SH23354 11E-Sheet 3 of 4

SH23354 11E-Sheet 4 of 4

SH23354 12A-Sheet 1 of 4

SH23354 12A-Sheet 2 of 4

SH23354 12A-Sheet 3 of 4

SH23354 12A-Sheet 4 of 4

SH23354 Soft Landscape Specification

SH23354 Soft Landscape Management and Maintenance Plan

 

3. The development shall be carried out in accordance with the Phasing Plan 1295-

CON-001 approved by the Local Planning Authority under reference 21/00141/COND.

No development shall commence in respect of any phase until all relevant reserved

matters and pre-commencement conditions have been approved in respect of that

phase.

 

4. The development shall be carried out in accordance with the Construction

Environmental Management Plan Palm Hills SMA Ref:6800/CEMP Issue Status: Issue 08, dated April 2022 approved under reference 21/00139/COND.

 

5. No dwellings shall be occupied until full details, including the programme for implementation, of proposed sustainable drainage systems have been submitted to and been approved in writing by the Local Planning Authority. Details shall include all components of the proposed systems, including tanks, any soakaway details and test results, headwall design, planting, liner design to the pond, health and safety risk assessment for pond design, and drawings as appropriate taking into account the groundwater table as set out in the WE Limited FRA dated April 2020 and accompanying letter dated July 2020. Details shall also include confirmation of the gully spacing calculations to demonstrate they are capable of conveying the rainfall volumes as set out in the approved drainage strategy and exceedance routing design. The submission shall be supported by calculations including urban creep and climate change allowances demonstrating that the greenfield run-off rates have been met for all storm events.

 

The drainage arrangements shall be implemented in accordance with the approved details and the agreed programme.

 

A verification report shall be submitted to and be approved in writing by the Local Planning Authority prior to the first occupation of any dwelling within each phase of the development demonstrating that full details and specifications of the approved sustainable drainage systems have been implemented for that phase. This shall include photos of excavations and soil profiles/horizons, any placement of tanking, crating, connecting pipework, hydrobrakes and cover systems required to demonstrate the full implementation of the approved scheme.

 

6. No dwellings shall be occupied until full details of how the proposed sustainable drainage systems shall be maintained and managed after completion have been submitted to and been approved in writing by the Local Planning Authority. The details shall include confirmation of the required maintenance activities with expected frequency, and with site-specific assessments included to demonstrate that health and safety has been fully considered and that access and egress for future residents will be maintained during any operations to repair or replace drainage features.

 

7. Phase 1 of the development shall be remediated in accordance with the following

details approved by the Local Planning Authority under reference 21/00142/COND -

Phase 2 Land Contamination Assessment - R06 Site Wide Remediation Strategy.

 

Phase 2 of the development shall be remediated in accordance with the following

details approved by the Local Planning Authority under reference 21/00160/COND: -

Phase 2 Land Contamination Assessment 25th May 2022. - Site Wide Remediation

Strategy R06 25th May 2022.

 

No development of Phase 3 shall commence until full details and arrangements for an investigation and risk assessment of the nature and extent of any contamination within the site, and of a subsequent remediation scheme and of a detailed programme for its implementation, have been submitted to and been approved in writing by the Local Planning Authority. The investigation and risk assessment shall be undertaken by competent persons in accordance with guidance set out in Land Contamination: Risk Management, as published by the Environment Agency on 8 October 2020. A written report of the findings of the assessment shall be submitted to and be approved in writing by the Local Planning Authority. The report of the findings shall include:

a) a survey of the extent, scale and nature of contamination;

b) an assessment of the potential risks to: 1) human health; 2) property (existing or

proposed), including buildings, crops, livestock, pets, woodland and service lines and

pipes; 3) adjoining land; 4) ground and surface waters; 5) ecological systems; 6)

archaeological features;

c) an appraisal of possible remedial options. Arising from the investigation and risk

assessment, a fully detailed remediation scheme to bring the site to a condition suitable for the proposed development by removing unacceptable risks shall be submitted to and be approved in writing by the Local Planning Authority. The scheme shall include all works to be undertaken, remediation objectives and criteria, a programme for implementation of the proposed details and site management procedures. The scheme shall ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. The scheme shall also set out monitoring and maintenance arrangements to include, where appropriate, observing the long-term effectiveness of all proposed contamination remediation over an agreed period. The remediation scheme shall be carried out in accordance with its approved details and an agreed programme. The Local Planning Authority shall be given two weeks’ written notification of the commencement of any proposed remediation works. Following completion of all measures identified in the approved remediation schemes, a verification report demonstrating that full details and specifications of the approved schemes have been implemented shall be prepared in accordance with an agreed timescale and be approved in writing by the Local Planning Authority.

 

8. Gas mitigation for Phase 1 of the development shall be carried out in accordance

with the following details approved by the Local Planning Authority under reference

21/00142/COND :

 

- Phase 2 Land Contamination Assessment - R06 Site Wide Remediation Strategy.

 

Gas mitigation for Phase 2 of the development shall be carried out in accordance with the following details approved by the Local Planning Authority under reference

21/00160/COND :

 

- R03 (03)External Ground Gas Remediation Options Appraisal and Remediation

Strategy

- R04 (04) Gas Barrier Design

- R05 (03) Non-technical summary

- R07 Design for Phase 2.

 

-No development of Phase 3 shall commence until a landfill gas investigation and risk

assessment has been submitted to and been approved in writing by the Local

Planning Authority. Where any risk from gas is identified, a scheme to mitigate the

effects of gas shall be submitted to and be approved in writing by the Local Planning

Authority prior to the commencement of any development. The approved scheme shall be implemented in accordance with an agreed programme.

 

Following completion of all measures identified in the approved gas remediation

schemes, a verification report demonstrating that full details and specifications of the

approved scheme have been implemented shall be prepared in accordance with an

agreed timescale and be approved in writing by the Local Planning Authority.

 

9. Leachate risk in respect of Phase 1 of the development shall be managed in

accordance with the following details approved by the Local Planning Authority under

reference 21/00142/COND : - Phase 2 Land Contamination Assessment - R06 Site

Wide Remediation Strategy Leachate risk in respect of Phase 2 of the development

shall be managed in accordance with the following details approved by the Local

Planning Authority under reference 21/00160/COND: - Phase 2 Land Contamination

Assessment 25th May 2022. - Site Wide Remediation Strategy R06 25th May 2022. No development of Phase 3 shall commence until a leachate investigation and risk

assessment have been submitted to and been approved in writing by the Local

Planning Authority. Where any risk from leachate is identified, a scheme to mitigate the effects of the leachate shall be submitted to and be approved in writing by the Local Planning Authority prior to the commencement of any development. The approved scheme shall be implemented in accordance with an agreed programme. Following completion of all measures identified in the approved leachate remediation schemes, a verification report demonstrating that full details and specifications of the approved scheme have been implemented shall be prepared in accordance with an agreed timescale and be approved in writing by the Local Planning Authority.

 

10. The development shall be carried out in accordance with the following details to

mitigate the impact of the development upon bats which were approved by the Local

Planning Authority under reference 21/00138/COND: - Ecological Enhancement Plan

(Condition 13 and 14), Palm Hills Complex., dated September 2021 - Email –

Confirmation No Lighting In Enhancement Areas 22.04.22

 

11. The development shall be carried out in accordance with the following details to

safeguard and create badger access which were approved by the Local Planning

Authority under reference 21/00138/COND: - Ecological Enhancement Plan (Condition 13 and 14), Palm Hills Complex., dated September 2021

 

12. The results of the archaeological evaluation approved by the Local Planning

Authority under reference 21/00136/COND shall inform the preparation of a

subsequent mitigation strategy/action plan which shall be submitted to and be approved in writing by the Local Planning Authority prior to the commencement of the

development. The mitigation strategy/action plan shall be implemented in accordance

with the details and a programme as approved.

 

13. The development shall be carried out in accordance with the following details for

the protection of existing trees to be retained as shown on the Tree Removal Plan TSP1 (contained within the Arboricultural Impact Assessment received by the Local Planning Authority on 19 September 2019) which were approved by the Local Planning Authority under reference 21/00137/COND: - Arboricultural Method Statement for the Approved Residential Development at the Palm Hills Complex, London Road, Chavey Down- Ref 1121- 8098 November 2021. - Arboricultural Method Statement for the Proposed Landfill Gas Ventilation Underground Barrier at the Palm Hills Complex, London Road, Chavey Down- Ref: 0321-9010 Rev 1 March 2021 The protective fencing and other measures to be specified shall be implemented as approved and in accordance with a programme to be agreed in writing by the Local Planning Authority. The fencing and measures shall be maintained fully intact and (in the case of the fencing) upright, in the approved locations at all times, until the completion of all building operations on the site. Where phased protection measures have been approved, no works shall commence on the next phase of the development until the protective fencing barriers and other required measures are in place for that phase in full accordance with the approved details. No activity of any description shall occur at any time within these protected areas including, but not restricted to: a) mixing of cement or any other materials; b) storage or disposal of any soil, building materials, rubble, machinery, fuel, chemicals, liquid waste residues, or materials/debris of any other description; c) siting of any temporary structures of any description including site office/sales buildings,temporary car parking facilities, porta-loos, storage compounds or hardstanding areas of any other description; d) soil/turf stripping, raising/lowering of existing levels, excavation or alterations to the existing surfaces/ground conditions of any other description; e) installation/siting of any underground services, temporary or otherwise, including drainage, water, gas, electricity, telephone, television, external lighting or any

associated ducting; f) parking/use of tracked or wheeled machinery or vehicles of any

description; In addition to the protection measures specified above: 1) no fires shall be lit within 20 metres of the trunks of any trees or the centre line of any hedgerow shown to be retained; 2) no signs, cables, fixtures or fittings of any other description shall be attached to any part of any retained tree.

14. No dwelling shall be occupied until the site access junction details onto London Road along with the pedestrian and cycle link to the west of the access have been constructed in accordance with approved drawing: 19-T067_06 rev B, and those facilities shall be maintained and retained thereafter.

 

15. No dwelling shall be occupied until the visibility splays shown on approved drawing Ref: 19-T067_06 rev B have been provided as detailed. These areas shall be kept free of all obstructions to visibility over a height of 0.6 metres measured from the surface of the adjacent carriageway and shall be maintained and retained thereafter.

 

16. No dwelling shall be occupied until that part of the estate road which provides access to that dwelling and its parking, along with the adjacent footways, margins and street lighting, have been constructed in accordance with the approved Site Layout Plan Ref: 1295/Pln/101F.

 

17. No house shall be occupied until its associated vehicle parking and turning space has been surfaced and marked out in accordance with the approved Site Layout Plan Ref: 1295/Pln/101F. The spaces shall be kept available for parking and turning at all times thereafter.

 

18. No apartment marked Plots 43-63 on the approved plans shall be occupied until details of the allocation of parking spaces to each of those dwellings has been submitted to and been approved in writing by the Local Planning Authority and has been provided and allocated in accordance with the approved details. The spaces shall be maintained and be kept available for such parking at all times thereafter.

 

19. No dwelling shall be occupied until a means of access for pedestrians and cyclists to London Road to the east of the property named Dolyhir, along with appropriate lighting for this pedestrian and cyclist route, have been constructed in accordance with details to be agreed in writing by the Local Planning Authority. The approved means of access and associated details shall be implemented as approved and be maintained and retained thereafter.

 

20. No dwelling shall be occupied until:

a) details of the provision of 16 visitor car parking spaces, and;

b) details of the signage for the visitor car parking spaces;

have been submitted to and been approved in writing by the Local Planning

Authority and have been implemented in accordance with the approved

details. The visitor car parking spaces and signage shall be maintained and retained for such parking at all times thereafter.

 

21. As part of the garage accommodation hereby approved for Plots 1, 2, 3, 4, 13, 64, 65, 66 and 67, an area of at least 6.0 metres back from the garage door (when closed) and 3.5 metres wide shall be provided prior to first occupation of each dwelling and shall be retained for the parking and manoeuvring of vehicles at all times thereafter.

 

22. No dwelling shall be occupied until the associated secure and covered cycle

accommodation for that dwelling based upon one cycle space per bedroom has been provided in the locations identified for cycle parking on the Information Plan (approved drawing Ref: 1295/Pln/147F). The cycle parking spaces and facilities shall be maintained and retained at all times thereafter.

 

23. No dwelling shall be occupied until details of electric vehicle charging infrastructure with a minimum output of 7kW to be provided for the parking spaces marked with a circle for 'EV Charging Point' on the Information Plan (approved drawing Ref: 1295/Pln/147F) have been submitted to and have been approved in writing by the Local Planning Authority. The approved electric vehicle charging infrastructure shall be provided in accordance with an agreed programme and shall be maintained in working order and be retained thereafter.

 

24. No dwelling shall be occupied until a full and updated travel plan in general

accordance with the submitted framework travel plan, and including details of monitoring arrangements, has been submitted to and been approved in writing by the Local Planning Authority. The approved travel plan shall be implemented as approved and in accordance with an agreed programme and shall include monitoring arrangements for 5 years after the occupation of the last dwelling to be completed.

 

25. No dwelling shall be occupied until either:

a) confirmation has been provided to the Local Planning Authority from the sewerage undertaker that sufficient capacity within the sewerage infrastructure exists to serve the development; or

b) a scheme for the improvement of the existing sewerage system has been submitted to and been approved in writing by the Local Planning Authority. If so, the scheme shall be implemented as approved and in accordance with an agreed programme and shall be maintained and retained thereafter. No dwelling shall be occupied until the scheme for improvement of the existing sewerage system has been completed in full as approved.

 

26. No dwelling shall be occupied until a scheme has been submitted to and been approved in writing by the Local Planning Authority setting out details of external lighting, including lighting units and levels of illumination and a programme for implementation. No external lighting shall be provided at the site other than in accordance with the approved details. The development shall be carried out in accordance with the details as approved.

 

27. Prior to the occupation of the final dwelling within each phase, a verification

report demonstrating full implementation of the biodiversity enhancement measures and recommendations set out in the Ethos Environmental Planning Ecological Assessment dated December 2019 relevant to that phase, shall be submitted to and be approved in writing by the Local Planning Authority. The measures shall be maintained and retained thereafter.

 

28. Prior to commencement of any above ground construction in each phase, a

scheme shall be submitted to and be approved in writing by the Local Planning Authority setting out details of all on-site refuse and recycling storage and collection facilities (including details of any enclosures or screening) to serve each dwelling within that phase. Such facilities shall be provided in accordance with the approved details prior to the first occupation of the relevant dwelling and shall be maintained and retained thereafter.

 

29. Prior to commencement of any above ground construction, an estate road phasing and completion plan shall be submitted to and be approved in writing by the Local Planning Authority. The plan shall set out details of the access road serving each phase of the development and the design standards to which it will be completed.

 

30. The access road coloured blue and yellow along with links to the boundaries

of the adjacent properties named Sandbanks and Dolyhir coloured red on the

Information Plan (approved drawing Ref: 1295/Pln/147F), and all footways, margins and street lighting adjacent to the areas coloured blue, yellow and red, shall be constructed in accordance with the agreed estate road phasing and completion plan and shall be maintained and retained thereafter as private accesses and footpaths.

 

31. No gates shall be provided at the vehicular access to the site serving

London Road.

 

32. The development shall be constructed in accordance with the details as approved

under the following: -

- External Materials Schedule 17.05.22

- 1295 Materials Markup Plan17.05.22

 

33. Prior to commencement of any above ground construction in each phase, details showing the finished floor levels of the buildings in that phase relative to a fixed datum point shall be submitted to and be approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

 

34. Prior to commencement of any above ground construction, a sustainability statement for water efficiency setting out measures to achieve an average water use in new dwellings of 110 litres/person/day shall be submitted to and be approved in writing by the Local Planning Authority. The measures shall be implemented in accordance with the approved details and an agreed programme and shall be maintained and retained thereafter.

 

35. Prior to commencement of any above ground construction, an energy demand assessment shall be submitted to and be approved in writing by the Local Planning Authority. This shall demonstrate:

a) that before taking account of any on-site renewable energy production 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) that a proportion of the development's energy requirements will be provided from on-site renewable energy production (the proportion of which shall be at least 20%), or from such other appropriate measures as may be agreed in writing by the Local Planning Authority.

The buildings shall be constructed in accordance with the approved assessment and the approved measures shall be maintained and retained thereafter.

 

36. The first-floor bathroom windows in the side elevations of Plots 75 and 81 shall not be glazed at any time other than with a minimum of Pilkington Level 3 obscure glass (or equivalent) to a height of 1.7 metres from the corresponding floor level. The windows shall at all times be fixed to a height of 1.7 metres from floor level.

 

37. All second-floor rear-facing velux windows on Plots 18, 19, 20, 21, 28, 29, 30, 68, 69, 70 and 71 shall have a sill height no lower than 1.7 metres above the corresponding floor level.

 

38. The internal floor layout of plots 5-12 and 78-81 shall be laid out as approved and

thereafter retained as such with each property having a maximum of 3 bedrooms at

any time.

REASON: To ensure adequate parking provision is provided.

[Relevant Policies: BFBLP EN3, M9, CSDPD CS14, CS23, SEP NRM6]

 

39. Prior to the practical completion of a development phase, as defined by the approved Phasing Plan 1295-CON-001, the marketing sales particulars for that phase demonstrating compliance with the approved plans listed under condition 02 of permission 22/00537/FUL, shall be submitted to, and approved in writing by the Local Planning Authority. Each dwelling shall be marketed using only the approved marketing sales particulars.

REASON: To ensure adequate parking provision is provided.

[Relevant Policies: BFBLP EN3, M9, CSDPD CS14, CS23, SEP NRM6]