Minutes:
The Committee Noted:
· The representations of the two public speakers at the meeting.
· The objections of Binfield Parish Council as outlined in the report.
· The 11 objections as outlined in the report.
· The statement of support from the Bracknell Infrastructure District as outlined in the report.
· The site visit that had taken place on 13 January with the following councillors in attendance: Brown, O’Regan, Barnard, Collings, Hayes, Karim, McKenzie-Boyle, Smith and Zahuruddin.
· The supplementary report tabled at the meeting.
· The addendum to the supplementary report tabled at the meeting.
· A further statement of support from the Berkshire Local Enterprise Partnership.
RESOLVED Following the completion of planning obligations under Section 106 of the Town and Country Planning Act 1990 relating to the following measures:
· Contribution to improve the quality of recreational facilities at Bracknell Leisure Centre to mitigate the loss of the ice rink
· On-site Biodiversity Net Gain management obligations and monitoring fee
· Securing of a Travel Plan with deposit and monitoring fee
· SuDS maintenance obligations and monitoring fee
· S106 obligation monitoring fees
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. 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 (as amended).
02. The development shall be carried out in full accordance with the following plans and other submitted details received by the Local Planning Authority:
Site Location Plan PL001
Proposed Site Plan PL003 H
Proposed Ground Floor Plan PL004
Proposed First Floor Plan PL005
Proposed Elevations and Section PL006 A
Proposed Roof Plan PL007 A
Proposed Site Sections PL008 C
Proposed Site Sections PL009B
Proposed Site Sections PL010 A
Landscape General Arrangement Plan Sheet 1 of 2 PL016 E
Landscape General Arrangement Plan Sheet 2 of 2 PL017 E
Landscape details Sheet 1 of 2 PL018
Noise Impact Assessment (ACCON UK Limited, 08.11.2023, A4325/N/03)
Operational Noise Management Plan 08.11.2023
Biodiversity Metric
Sustainability and BREEAM Statement rev 2 January 2023 MBA Consulting Engineers. Energy Strategy Issue P2 January 2023 MBA Consulting Engineers
Flood Risk and Drainage Strategy Report prepared by Clancy Consulting, reference 2.9856-CCL-XX-00-RP-5C-4010 P05 dated 28/09/23
Supplementary ground investigation report, Applied Geology, Jan 2023, Ref AG3228A-22-AP26-issue 2
Framework Travel Plan Rev 3 prepared by Motion dated 11.05.2023
REASON: To ensure that the development is undertaken only as approved by the Local Planning Authority.
03. Jubilee House shall be used solely for purposes falling within Class E(g)(i) of the Town and Country Planning (Use Classes) Order 1987 (as amended) or any Order revoking and re-enacting that Order.
REASON: To ensure that the building remains in a use appropriate to its location adjoining or within a Designated Employment Area and to allow consideration of any changes of use proposed.
04. Prior to the commencement of any development, besides demolition to ground level but no deeper, the applicant or their agents or successors in title must secure the implementation of a phased scheme of archaeological works (which may comprise more than one phase of works) in accordance with a written scheme of investigation, which has been submitted by the applicant and approved by the planning authority. The development shall only take place in accordance with the detailed scheme approved pursuant to this condition.
REASON: The site lies within an area of archaeological potential, as shown by archaeological assessment. The condition will ensure that any archaeological remains within the site are adequately investigated and recorded in order to advance our understanding of the significance of any buried remains to be lost and in the interest of protecting the archaeological heritage of the Borough.
05. The development hereby permitted shall be implemented, and thereafter operated in accordance with the Sustainability and BREEAM Statement rev 2 January 2023 MBA Consulting Engineers.
REASON: In the interests of sustainability and the efficient use of resources.
Relevant Policy: Core Strategy DPD CS10]
06. The development hereby permitted shall be implemented, and thereafter operated in accordance with the Energy Strategy Issue P2 January 2023 MBA Consulting Engineers.
REASON: In the interests of sustainability and the efficient use of resources.
Relevant Policy: Core Strategy DPD CS10 CS12]
07. No development shall take place, until a Construction Environmental Management Plan (CEMP) has been submitted to and been approved in writing by the Local Planning Authority. The CEMP shall include the following details as a minimum:
a) routing of construction traffic (including directional signage and appropriate traffic management measures);
b) parking of vehicles of site operatives and visitors;
c) areas for loading and unloading of plant and materials;
d) areas for the storage of plant and materials used in constructing the development;
e) location of any temporary portacabins and welfare buildings for site operatives;
f) site security arrangements including any hoardings
g) any external lighting of the site;
h) methods of piling for foundations;
i) measures to control the emission of dust, dirt, noise and odour during
construction;
j) measures to control surface water run-off during construction;
k) demolition and construction working hours, and times during which delivery
vehicles are allowed to enter or leave the site;
l) wheel-washing facilities during the construction phases;
m) areas for the turning of construction vehicles such that the largest anticipated vehicles can turn and leave the site in a forward gear;
n) measures to control rats and other vermin.
The approved CEMP shall be adhered to throughout the construction period.
REASON: In the interests of highway safety and to mitigate and control environmental effects during the demolition and construction phases.
[Relevant Policies: BFBLP EN20, EN25, M9; Core Strategy DPD CS1, CS7,
CS23]
08. Prior to the ski slope being brought back into use, the 44 parking spaces with associated pedestrian access, motor cycle parking and cycle storage, as shown outlined in pink on approved drawing PL003 Rev G Proposed Site Plan shall be provided in accordance with details to have been submitted to, and approved in writing by, the Local Planning Authority. The spaces so identified shall be used solely in connection with the operation of the ski slope.
REASON: To ensure that the
development is provided with adequate parking in the interests of
highway safety.
[Relevant Policies: BFBLP M9, Core Strategy DPD
CS23]
09. The building hereby permitted shall not be occupied until the access, turning and parking arrangements shown on the approved plan, with the exception of the access and parking arrangements intended to serve the ski slope should it be brought back into use as outlined in pink on the approved plan, have been constructed in accordance with details to have been submitted to and approved[IB1] in writing by the Local Planning Authority.
REASON: In the interests of highway safety.
[Relevant Policies: Core Strategy DPD CS23]
REASON: To protect the employment use of the site and to prevent uses which would result in a demand for parking which cannot be accommodated on site and which would increase the likelihood of on-street car parking which would be a danger to other road users.
[Relevant Policies: BFBLP M9, Core Strategy DPD CS19, CS20, CS23]
11. The development shall not be occupied until spaces for car parking, turning and loading/unloading have been laid out within the site in accordance with the following:
(i) Use Class B2
If any part of the site is used for purposes within Use Class B2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended), (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification) then the site shall be provided with 129 car parking spaces, associated turning areas and space for loading/unloading in accordance with approved plan PL003 Rev E Proposed Site Plan.
- or –
(ii) Use Class B8
If no part of the site is used for purposes falling within Use Class B2 and any part of the site is used for purposes falling within Use Class B8 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification) then the site shall be provided with 69 car parking spaces, associated turning areas and space for loading/unloading in accordance with approved plan PL003 Rev E Proposed Site Plan.
The required parking spaces, turning areas, and locations for loading/unloading of vehicles shall not be used for any purpose other than parking, turning and loading/unloading.
REASON: To ensure that the development is provided with adequate car parking and loading/unloading areas to prevent the likelihood of on-street car parking or loading/unloading which would be a danger to other road users and negatively affect the amenity of surrounding properties and the adjoining area. [Relevant Policies: BFBLP EN20 & M9, Core Strategy DPD CS23]
12. The development shall not be occupied until at least 16 secure and covered cycle parking spaces have been provided in the location identified for cycle parking on the approved plans, in accordance with details which have been submitted to and approved by the Local Planning Authority. The cycle parking spaces and facilities shall thereafter be retained.
REASON: In the interests of accessibility of the development to cyclists. [Relevant Policies: BFBLP M9, Core Strategy DPD CS23]
13. The building hereby permitted shall not be occupied until a means of access to it for pedestrians and cyclists has been constructed in accordance with the approved plans. The approved means of access shall thereafter be retained, unobstructed, for its intended purpose.
REASON: In the interests of accessibility and to facilitate access by pedestrians and cyclists.
[Relevant Policies: BFBLP M6, Core Strategy DPD CS23]
14. No gates shall be provided at the vehicular access to the site.
REASON: In the interests of highway safety.
[Relevant Policies: Core Strategy DPD CS23]
15.
The building
hereby permitted shall not be occupied until the following off-site
highway works have been completed:
-
Existing white lining on John Nike Way repainted as indicated on
approved plans.
REASON: In the interests of highway safety.
[Relevant Policies: BFBLP M4, Core Strategy CS24]
16. The building hereby permitted shall not be occupied until signage marking the entry/exit points to the site and routing within the site has been provided in accordance with a scheme to have been submitted to and approved in writing by the Local Planning Authority. The signage thereby displayed shall thereafter be retained.
REASON: In the interests of highway safety.
[Relevant Policies: Core Strategy DPD CS23]
17. Within 3 months of the part of the new spine road adjacent to the site’s southern boundary being completed, a ramped pedestrian access shall be provided in accordance with details submitted to and approved in writing by the Local Planning Authority. These details should provide a cross section of the path with details of protective barriers and appropriate signage. The pedestrian access shall thereafter be retained in accordance with the approved details.
REASON: In the interests of pedestrian and highway safety.
[Relevant Policy: CSDPD CS23]
18. Prior to the ski slope being brought back into use, the pedestrian access to it shown on the approved plans shall be provided in accordance with details submitted to and approved in writing by the Local Planning Authority. These details should provide a cross section of the path with details of protective barriers and appropriate signage. The pedestrian access shall thereafter be retained in accordance with the approved details.
REASON: In the interests of pedestrian and highway safety.
19. Prior to the development hereby approved being brought into first use, a 3 metre height acoustic barrier to the south of the delivery yard shall be installed in accordance with the recommendations of the Noise Impact Assessment (ACCON UK Limited, 08.11.2023, A4325/N/03) submitted with the application, in accordance with details which have been submitted to, and approved in writing by, the Local Planning Authority. The barrier shall be purpose-built with no air gaps and minimum density 10kg/m2. The barrier shall be retained and maintained in line with the approved specifications thereafter.
REASON: To protect residents from noise associated with operation within the delivery yard or the approved industrial unit.
20. The use of the industrial building hereby permitted, shall be carried out in full accordance with the Operational Noise Management Plan submitted with the application (ACCON UK Limited 08.11.2023 John Nike Way, Bracknell Operational Noise Management Plan) at all times.
REASON: To protect residents from noise from activities and operation associated with the approved industrial unit.
21. Before any buildings hereby approved are occupied, the gas protection measures as identified in report (Supplementary ground investigation report, Applied Geology, Jan 2023, Ref AG3228A-22-AP26-issue 2) submitted with the planning application shall be installed and validated by a suitably competent person. A copy of the validation report shall be provided to the Local Planning Authority for written approval.
REASON: To protect future occupiers and users of the site and structures from the risks associated with the migration of toxic and flammable gasses.
22. No development shall
take place until full details of the Drainage System in accordance
with agreed Flood Risk and Drainage Strategy Report prepared by
Clancy Consulting, reference 2.9856-CCL-XX-00-RP-5C-4010 P05 dated
28/09/23 has been submitted to and approved in writing by the Local
Planning Authority.
This shall include:
i) Calculations demonstrating the
drainage design can accommodate the design rainfall using FEH
rainfall data
ii) Full details of all components of the proposed drainage system
including dimensions, locations, gradients, invert and cover
levels, headwall details, planting (if necessary) and drawings as
appropriate taking into account the groundwater table.
iv) Where offsite discharge into public sewers is proposed, Thames
Water consent to discharge at proposed discharge rate.
iii) Confirmation if permeable paving contributes to surface water
attenuation and reflected in drainage layout
.
iv)
Management and maintenance plan of all proposed SuDS including petrol interceptors
The development shall be carried out in accordance with the
approved details.
REASON: To ensure that the site is properly drained and does not increase the risk of flooding In accordance with policy CS1 of the Core Strategy.
23. Development shall not commence (excluding demolition and site clearance) until details of any on- and off-site drainage works, along with proposed points of connection, sewerage undertakers consent to discharge at proposed discharge rate, has been submitted to and approved by the Local Planning Authority in consultation with the sewerage undertaker. No discharge of foul or surface water from the site shall be accepted into the public system until the drainage works referred to in the strategy have been completed.
REASON: To ensure that the site is properly drained and does not increase the risk of flooding in accordance with policy CS1 of the Core Strategy.
24. No development shall
commence until details of how the surface water drainage system
(inclusive of flood mitigation measures) shall be maintained and
managed after completion have been submitted to and approved in
writing by the Local Planning Authority. The details shall include confirmation of
the required maintenance activities with expected frequency, with
site specific assessments included to demonstrate that health and
safety has been fully considered in the design and that access and
egress for future residents will be maintained during any
operations to repair or replace drainage features.
REASON: To ensure that the site is properly drained and does not
increase the risk of flooding in accordance with policy CS1 of the
Core Strategy.
25. Prior to practical
completion of any property a verification report, appended with
substantiating evidence demonstrating the agreed/approved
construction details and specifications have been implemented, will
need to be submitted and approved (in writing) by the Council. This
will include photos of excavations and soil profiles/horizons, any
placement of tanking, crating, connecting pipe work, hydrobrakes or control mechanisms, and cover
systems.
Reason: To ensure that the site is properly drained and does not
increase the risk of flooding in accordance with policy CS1 of the
Core Strategy.
26. The development hereby permitted (including demolition and site clearance) shall not be begun until a detailed scheme for the protection of existing trees, hedgerows and groups of mature shrubs shown to be retained on the approved drawings, 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. Details shall include an approved development layout plan at a minimum scale of 1:200 and show 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) Positions and spreads of existing hedgerows and groups of matureshrubs.
c) All proposed tree, hedge or shrub removal; shown clearly with a broken line.
d) Proposed locations of protective barriers, that are a minimum height of 2.0 metres and supported by a metal scaffold framework, constructed in accordance with Section 6 (Figure 2) and which include appropriate weatherproof signage (such as “Keep Out - Construction Exclusion Zone”) affixed at regular intervals to the outside of the protective fencing structure.
e) Illustrations of the proposed protective barriers to be erected.
f) Proposed location and illustration of ground protection measures within the root protection areas of retained trees, designed as necessary for pedestrian light traffic or heavy plant machinery, as necessary to prevent ground compaction and contamination.
g) Annotations at regular intervals, of the minimum protective distances between barriers and trunks of retained trees.
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.
Tree protection measures shall be phased as necessary to take into account and provide protection during demolition/site clearance works/building construction works/hard landscaping works.
The development shall be carried out in accordance with the
approved scheme and programme.
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]
27. 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 the development. The content of the LEMP shall include the following:
a. A final plan showing the type, quantity and location of biodiversity units to be delivered on site using UKHabs types. The plan should be substantially in accordance with the ‘BIA Enhancement Visualisation Plan’ as already submitted
b. A final Biodiversity Metric showing the calculations for the type, quantity and condition of habitats. The metric should be substantially in accordance with the Biodiversity Metric as already submitted
c. Ecological trends and constraints on site that might influence management
d. Aims and objectives of management including biodiversity net gain target habitat types and condition
e. Appropriate management options for achieving aims and objectives
f. Prescriptions for management actions
g. Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period)
h. Details of the body or organization responsible for implementation of the plan
i. 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 predicted biodiversity net gain of the originally approved scheme as shown in the biodiversity metric.
The approved plan will be implemented in accordance with the approved details.
REASON: In the interests of nature conservation
[Relevant Plans and Policies: CSDPD CS1]
28. 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. If within a 5 year period of the completion of the development any soft landscaping that is removed, uprooted, is destroyed or dies shall be replaced by plants of the same species and size as that originally planted in the same place.
REASON: In the interests of good
landscape design and the visual amenity of the area.
[Relevant Policies: BFBLP EN2 and EN20, CSDPD CS7]
29. The green roof and vertical green panels shall be provided in accordance with a scheme submitted to and approved in writing by the Local Planning Authority. All planting comprised in the approved scheme shall be carried out in full accordance with the scheme in the next planting season (1st October to 31st March inclusive) to the completion of the approved development. The quality of all approved landscape works shall be in accordance with British Standard 4428:1989 'Code of Practice for General Landscape Operations' or any subsequent revision. All plants included within the approved scheme shall be healthy, well-formed specimens and shall be of a minimum quality compatible with British Standard 3936:1992 (Part 1) 'Specifications For Trees & Shrubs' and British Standard 4043 (where applicable) or any subsequent revision. Any plants which within a period of 5 years from the completion of the development die, are removed, uprooted are significantly damaged, become diseased or malformed 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 green roof and panels shall thereafter be retained and shall be maintained and managed in accordance with details to have been approved within the landscape and ecological management plan (LEMP) submitted pursuant to Condition 27 of this permission.
REASON: In the interests of biodiversity, good landscape design and the visual amenity of the area.
[Relevant Policies: BFBLP EN2 and EN20, CSDPD CS7]
30. All planting comprised in the soft landscaping works shall be carried out in full accordance with the approved scheme in the next planting season (1st October to 31st March inclusive) to the completion of the approved development. The quality of all approved landscape works shall be in accordance with British Standard 4428:1989 'Code of Practice For General Landscape Operations' or any subsequent revision.
All trees included within the approved scheme shall be healthy, well-formed specimens with single leading shoots and shall be of a minimum quality 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 malformed shall be replaced during the next planting season (1st October to 31st March inclusive) with others of the same size, species and quality as approved.
REASON:
In the interests of good landscape design and the visual amenity of
the area.
[Relevant Policies: BFBLP EN2 and EN20, CSDPD
CS7]
31. No development shall take place (including ground works and vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) shall include the following:
a) Risk assessment of potentially damaging development activities
b) identification of "biodiversity protection zones"
c) practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during development (may be provided as a set of method statements)
d) the location and timing of sensitive works to avoid harm to biodiversity features
e) the times during development when specialist ecologists need to be present on site to oversee works
f) responsible persons and lines of communication
g) the role and responsibilities on site of an ecological clerk of works or similarly competent person
h) the use of protective fences, exclusion barriers and warning signs
The approved CEMP (Biodiversity) shall be adhered to and implemented throughout the development period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.
REASON: In the interests of nature conservation
[Relevant Plans and Policies: CSDPD CS1]
32. No development shall commence until a scheme for the provision of biodiversity enhancements (not mitigation), including a plan or drawing showing the location of these enhancements, has been submitted to and approved in writing by the local planning authority. An ecological site inspection report shall be submitted within three months of the first occupation (major)/prior to practical completion of any dwelling hereby approved (minor).
The approved scheme shall be performed, observed and complied with.
REASON: In the interests of nature conservation
[Relevant Plans and Policies: CSDPD CS1, CS7]
33. 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. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.
REASON: In the interests of nature conservation
[Relevant Plans and Policies: CSDPD CS1, CS7]
34. If more than 3 years elapse between the previous bat and reptile surveys and the due commencement date of works, updated bat and reptile surveys shall be carried out by a suitably qualified ecologist, unless otherwise agreed in writing by the Local Planning Authority. A report confirming the results and implications of the assessment, including any revised mitigation measures, shall be submitted to the Local Planning Authority before construction works commence on site.
REASON: To ensure the status of protected species on site has not changed since the last survey.
35. Operational noise levels shall not exceed a rating level (LAr,Tr) of greater than 5 dBA above the representative background noise level during either daytime or night time, as determined in line with BS 4142:2014+A1:2019, at 1m from the nearest or most affected windows of any existing noise sensitive property.
Reason: To protect the amenities of existing and future occupiers from operational noise in accordance with Policies EN20 and EN25 of the BFBLP.
In the event of the s106 planning obligations not being completed by 30th April 2024, the Assistant Director: Planning be authorised to either extend the deadline or REFUSE the application for the following reasons:
1. In the absence of a planning obligation to secure a contribution towards improved recreational facilities elsewhere, the application proposes the loss of a recreational facility contrary to Policy CS8 of the Core Strategy Development Plan Document and the NPPF.
2. The proposed development would unacceptably increase the pressure on highways and transportation infrastructure and in the absence of a planning obligation in terms that are satisfactory to the Local Planning Authority, and which secures contributions towards a travel plan, the proposed development is contrary to Policy M4 of the Bracknell Forest Borough Local Plan, Policy CS24 of the Core Strategy Development Plan Document, and the Planning Obligations Supplementary Planning Document (2015).
3. In the absence of a planning obligation to secure a biodiversity net gain which would deliver measurable improvements for biodiversity by creating or enhancing habitats in association with the development the proposal is contrary to paras 8c and 180d of the NPPF.
4. It has not been demonstrated that the proposed development would incorporate a sustainable drainage system (SuDS) for the management of surface water run-off which would be maintained for the lifetime of the development. This is contrary to the House of Commons: Written Statement (HCWS161) Sustainable Drainage Systems 18/12/2014, the Flood Risk and Coastal Change PPG updated 15/04/2015, and the NPPF.
[IB1]Need to amend wording here