Agenda item

Proposed erection of a building containing 6 No. flats (4 x 3 bed and 2 x 2 bed) with associated parking, bin store, cycle store, entrance gates and associated works following demolition of existing dwelling.

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

 

1. Measures to avoid and mitigate the impact of residential development upon the 

            Thames Basins Heath SPA; and

     ii.         A requirement to enter into an agreement with the Highway Authority under Section 278 of the Highways Act 1980 for the formation of the widened access onto Coronation Road before occupation of any dwelling on the development;

 

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.       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 received by the Local Planning Authority: 

           

            Drawing no. A1/229/10 Rev B (proposed ground floor plan) received 30 August 2023

           

            Drawing no. A1/229/11 Rev C (proposed first floor plan) received 30 August 2023

 

            Drawing no. A1/229/12 Rev B (proposed second floor plan) received 30 August 2023

 

            Drawing no. A1/229/13 Rev C (proposed roof plan) received 30 August 2023

 

            Drawing no. A1/229/14 Rev C (proposed site plan) received 30 October 2023

 

            Drawing no. A1/229/15 Rev B received 30 August 2023

 

            Drawing no. A1/229/16 Rev C (proposed bicycle/bin store) received 30 October 2023

 

            Drawing no. A1/229/18 Rev D (proposed landscaping) received 30 October 2023

           

            Drawing no. A1/229/19 Rev C (proposed entrance gates) received 30 October 2023

            Drawing no. A1/229/20 Rev C (proposed site plan comparison) received 30 October      2023

            Drawing no. A1/229/21 (proposed bat boxes) received 2 October 2023

 

            Vivara bat box midi received 2 October 2023

 

            Vivara build in bat tube received 2 October 2023

 

            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 undertaken in accordance with the approved            plans/information:

           

            Brickwork  -Wienerberger Renaissance Multi Brickwork.

            Roof tiles - Spanish Slate.

            Windows - Georgian style white UPVC sash windows.

            Window sills, surrounds and heads, porticos and balustraudes - Portland Cast Stone.

           

            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, CSDPD CS7]

 

04.       The development hereby permitted shall not be begun until details showing the slab         level and finished floor levels of the building in relation to a fixed datum point have          been submitted to and approved in writing by the Local Planning Authority. The             development shall be constructed in accordance with the approved details.

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

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

 

05.       The windows shown on the approved drawings as having obscured glazing shall not      be glazed at any time other than with a minimum of Pilkington Level 3 obscure glass            (or equivalent) to a height of 1.7m from floor level. The windows shall at all times be             fixed shut to a height of 1.7m from floor level.

            REASON: To prevent the overlooking of neighbouring properties.

            [Relevant Policies: BFBLP EN20]

 

06.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, no additional windows, similar openings or    enlargement thereof shall be constructed at first floor level and above in the side             elevations of the building hereby permitted except for any which may be shown on         the approved drawings.

            REASON: To prevent the overlooking of neighbouring properties.

            [Relevant Policies: BFBLP EN20]

 

07.       The 6no. rooflights (3 on each side facing roofslope) or any replacement in the side          facing roof slopes of the proposed development shall at all times be not less than 1.7   metres above internal floor level.

            REASON: To prevent the overlooking of neighbouring properties.

            [Relevant Policies: BFBLP EN20]

 

08.       The development hereby permitted shall not be occupied until details of hard and soft landscaping have 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 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. The areas shown for soft landscaping purposes on the approved plans shall thereafter be retained as such and shall not be used for any other purpose. 

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

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

 

09.       The development hereby permitted shall not be occupied until details of boundary     treatments have been submitted to and approved in writing by the Local Planning     Authority. All boundary treatments should provide for the free movement of wildlife to             and from the site. The approved scheme shall be implemented in full before the            occupation of any of the flats approved in this permission.

            REASON: In the interests of the visual amenities of the area and in the interests of             biodiversity.

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

 

10.       The development hereby permitted 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 approved 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: CSDPD CS10]

 

11.       The development hereby permitted shall not be occupied until the widened means of            vehicular access has been constructed in accordance with the approved plans and   construction details which have been submitted to and approved by the Local    Planning Authority. The development shall be constructed in accordance with the       approved details.

            REASON: In the interests of highway safety.

            [Relevant Policies: CSDPD CS23]

 

12.       The development hereby permitted shall not be occupied until the associated vehicle            parking for 13 (thirteen) cars with associated turning space has been surfaced and     marked out in the locations shown on the approved plans within the development.             Notwithstanding the parking space allocation shown on the approved plans, parking         spaces shall be allocated and provided with electric vehicle charging points as          follows:

            (a) One space allocated to each apartment (six allocated spaces total) with each                       allocated space enabled with an electric vehicle charging point with an output                        of at least 7kW per space;

             (b) One unallocated space per apartment (six unallocated spaces total) with each

            unallocated space enabled with ducting and cabling to provide electric vehicle            charging in future if required; and

             (c) One signed visitor space enabled with an electric vehicle charging point with an            output of at least 7kW.

            There shall be no restrictions on the use of the unallocated car parking spaces     described in (b) above for the occupiers of, or visitors to, any of the apartments       hereby permitted. The visitor space described in (c) above shall be retained for the          use of visitors to any of the apartments hereby permitted and not used for residents         parking. 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 to          prevent the likelihood of on-street car parking which would be a danger to other road         users and be designed to enable charging of plug-in and other ultra-low emission            vehicles in safe, accessible and convenient locations.

            [Relevant Policies: BFBLP M9, CSDPD CS23]

 

13.       The development hereby permitted shall not be occupied until at least 16 (one per     bedroom) secure and covered cycle parking spaces have been provided in           the       location identified for cycle parking on the approved plans. 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, CSDPD CS23]

 

14.       The development hereby permitted shall not be occupied until on-site refuse storage             has been provided in accordance with the approved plans and shall thereafter be    retained.

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

            [Relevant Policy:  Relevant Policy: CSDPD CS13]

           

15.       The development (including demolition and site clearance) hereby permitted shall not      be begun 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

            (f) Swept path plans demonstrating that the largest anticipated construction vehicle    can arrive in a forward gear, turn around on site and depart in a forward gear onto           the adopted highway 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 (f) above.

            REASON: In the interests of amenity and road safety.

            [Relevant Policies: BFBLP EN20, CSDPD CS23]

 

16.       The development shall incorporate surface water drainage that is SuDS compliant           and in accordance with DEFRA "Sustainable Drainage Systems - Non-statutory       technical standards for sustainable drainage systems" (March 2015). It shall be             operated and maintained as such thereafter.

            REASON: To prevent increased risk of flooding, to improve and protect water quality        and ensure future maintenance of the surface water drainage scheme.

            [Relevant Policies: CSDPD CS1, BFBLP EN25]

 

17.       The development hereby permitted shall not be begun (including initial site    clearance) until a detailed scheme for the protection of existing trees in accordance      with British Standard 5837 (2012) 'Trees In Relation To Construction             Recommendations' (or any subsequent revision), has been submitted to and         approved in writing by the Local Planning Authority.  Protection measures shall be       phased as necessary to take into account and provide protection during all   construction works. Details shall include an approved development layout plan at a          minimum scale of 1:200, showing the following:

           

            a)         Accurate trunk positions and canopy spreads of all existing trees within the                      site and on adjoining land adjacent to the development within influencing                                 distance of the development.

            b)         Accurately plotted minimum 'Root Protection Areas' of retained trees                          calculated in accordance with BS 5837 (2012) recommendations (or any                               subsequent revision),

            c)         All existing and retained soft landscaping areas located within the Minimum                Root Protection Areas, clearly/ accurately plotted and annotated to be                                  retained/ unaltered.

            d)         Proposed location/s of 2m high (minimum) protective barrier/s, supported by a                    fixed fully braced metal framework, constructed as a minimum in accordance                      with Section 6, to include appropriate weatherproof tree protection area                                    signage (such as "Keep Out - Construction Exclusion Zone") securely fixed to                   the outside of the protective fencing structure at regular intervals.

            e)         Illustration/s of the proposed protective barriers to be erected.

            f)          Proposed location/s and illustration/s ground protection measures within the                      main root protection areas of retained trees, designed as necessary for                           pedestrian light traffic or heavy plant machinery, as necessary to prevent                                contamination and ground compaction.

            g)         Annotated minimum distances between protective barriers and trunks of                          retained trees and/or proximity to existing structures at regular intervals.

            h)         All fenced off areas clearly annotated as Tree Protection Areas/Construction                       Exclusion Zones.

            i)          Notes regarding restrictions which apply to Tree Protection                                            Areas/Construction Exclusion Zones.

           

            The development shall be carried out in full accordance with the approved scheme.

            REASON: In order to safeguard trees and other vegetation considered to be worthy         of retention in the interests of the visual amenity of the area.

            [Relevant Policies: BFBLP EN1 and EN20, CSDPD CS7]

 

18.       The protective fencing and other protection measures specified by condition 17 shall           be erected in the locations agreed in writing by the Local Planning Authority prior to     the commencement of any development works, including any initial clearance, and            shall be the correct approved structure/s, maintained fully intact and (in the case of      the fencing/ barriers) upright, in its 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 protective measures have           been repositioned for that phase in full accordance with the approved details. No       activity of any description must occur at any time within these areas including but not   restricted to the following: -

            a)         No mixing of cement or any other materials.

            b)         Storage or disposal of any soil, building materials, rubble, machinery, fuel,                      chemicals, liquids waste residues or materials/debris of any other description.

            c)         Siting of any temporary structures of any description including site office/sales                    buildings, temporary car parking facilities, porta-loos, storage compounds or              hard standing areas of any other description.

            d)         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, 

            a)         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.

            b)         No signs, cables, fixtures or fittings of any other description shall be attached              to any part of any retained tree.

           

            REASON: In order to safeguard trees and other vegetation considered to be worthy         of retention in the interests of the visual amenity of the area.

            [Relevant Policies: BFBLP EN1 and EN20, CSDPD CS7]

 

19.       The development hereby permitted shall not be begun (including initial site    clearance) until a detailed site-specific programme of supervision/monitoring for all arboricultural protection measures, has been submitted to and approved in writing by             the Local Planning Authority. Details shall include: -

            a)         Induction and personnel awareness of arboricultural matters by the applicants                   appointed project arboriculturalist.

            b)         Clear Identification of individual responsibilities and key personnel.

            c)         Statement of delegated powers.

            d)         Timing and methods of site visiting and record keeping. To include routine                site visits at maximum 4 week intervals

            e)         Procedures for dealing with variations and incidents.

            The programme of arboricultural monitoring shall be undertaken in full compliance             with the approved details. A copy of the signed inspection report shall be sent to the       local Authority following each visit.

            REASON: In order to safeguard trees and other vegetation considered to be worthy         of retention in the interests of the visual amenity of the area.

            [Relevant Policies: BFBLP EN1 and EN20, CSDPD CS7]

 

20.       The development hereby permitted shall not be begun until:

            (i) a site layout plan at a minimum scale of 1:200 showing the proposed layout of all underground services and external lighting and

            (ii) a programme for the phasing and timing of works have been submitted to and            approved in writing by the Local Planning Authority.  Details of the site layout plan     shall include: 

            a)         Accurate trunk positions and canopy spreads of all retained trees/hedgerows                   and mature groups of shrubs.

            b)         Surface water/ foul drainage and associated inspection chambers (existing                 reused and new)

            c)         Soak-aways (where applicable)

            d)         Gas, electricity, telecom and cable television.

            e)         Lighting columns and all associated ducting for power supply.

            f)          Phasing and timing of works.

            The development shall be carried out in full accordance with the approved site layout         and the approved programme.

            REASON: In order to safeguard tree roots and thereby safeguard existing trees and other vegetation considered worthy of retention and to ensure new soft landscape planting areas are not adversely affected and can be used for their approved         purpose, in the interests of the visual amenity of the area.

            [Relevant Policies: BFBLP EN1 and EN20, CSDPD CS7]

 

21.       The development hereby permitted shall not be begun (including site clearance and demolition) until a wildlife protection scheme for construction has been submitted to        and approved in writing by the Local Planning Authority. The plan shall include:

            i) an appropriate scale plan showing where construction activities are restricted;

            ii) details of protective measures to avoid impacts during construction;

            iii) a timetable to show phasing of construction activities; and

            iv) details of persons responsible for compliance with legal consents, planning                  conditions, installation of protective measures, inspection and maintenance.

            The wildlife protection scheme shall be implemented and maintained in accordance      with approved details during the duration of operational work.

            REASON: In the interests of nature conservation

             [Relevant Plans and Policies: CSDPD CS1, CS7]

 

22.       The development t hereby permitted shall be undertaken in accordance with the    recommendations made in the 'Bat Emergence and Re-entry Surveys' report (Arbtech, 2/10/23) and shown on drawing no. A1/229/21 - Proposed Bat Boxes'          (Coba Design, 2 October 2023) unless varied by a European Protected Species             license subsequently issued by Natural England. In the interests of securing the         maximum benefit for biodiversity any variation of the agreed mitigation required by            Natural England must not result in the reduction in the quality or quantity of             mitigation/compensation provided. Agreed features for roosting bats shall be permanently installed in accordance with the approved details.

            REASON: To safeguard protected species in accordance with the NPPF.

            [Relevant Plans and Policies: CSDPD CS1, CS7]

           

23.       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, no external lighting shall be installed on the site or affixed to any             buildings 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 bats 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 with vertical calculation planes and                              technical specifications) so that it can be clearly demonstrated that areas to             be lit will not disturb or prevent bats using their territory or having access to                     their breeding sites and resting places.

           

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

            REASON: In the interests of nature conservation

            [Relevant Plans and Policies: CSDPD CS1, CS7]

 

 

In the event of the S106 agreement not being completed by 30 April 2024, the Assistant Director: Planning be authorised to either extend the period further or refuse the application on the grounds of:

 

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 5 Bracknell Forest Council Planning Committee14th December 2023 Page 4 of 5 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)

In the absence of a planning obligation to enter into an agreement with the Highway Authority under Section 278 of the Highways Act 1980 for the formation of the widened access onto Coronation Road, the proposal would be contrary to Policy CS23 of the Core Strategy Development Plan Document.