Agenda item

11/00818/FUL - Elm Trees, Rosedene Lane, College Town

Erection of 3 number three bedroom and 2 number four bedroom two storey houses with attached garages following the demolition of the existing 4 bedroom two storey house.

 

Minutes:

A site visit had been held on Saturday 11 February 2012 which had been attended by

Councillors Brossard, Davison, Dudley, Finnie, Heydon and Thompson.

 

The Committee noted

  • The supplementary report of the Head of Development Management tabled at the meeting.
  • The comments of Sandhurst Town Council, Thames Water Utilities Ltd and the Environment Agency.
  • Representations that had been received from five addresses.
  • Additional information submitted by the applicant indicating how the development met the three derogation tests in the habitat regulations.

 

RESOLVED that

(i)         Subject to the completion of planning obligation(s) under Section 106 of the Town and Country Planning Act 1990 relating to transport facilities; open space and recreation facilities; secondary education facilities; and Thames Basin Heath Special Protection Area, the Head of Development Management be authorised to approve the application subject to the following conditions:-

 

01.     The development hereby permitted shall be begun before the expiration of three years from the date of this permission.  

02.     The development hereby permitted shall be carried out only in accordance with the following approved plans received by the Local Planning Authority on 30 November 2011:          

          Drawing nos.SAN 1348/1N, 2E, 3C, 6B and 7B.                        

03.     No development shall take place until details of the materials to be used in the construction of the external surfaces of the development hereby permitted 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.

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

1)   a scheme depicting hard and soft landscaping, including any landscaping to be retained, and

2)   a three year post planting maintenance scheme

have been submitted to and approved in writing by the Local Planning Authority.  The approved post-planting maintenance schedule shall be performed and complied with.

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

05.     Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification) no additional windows, similar openings or enlargement thereof shall be constructed in the side elevations of any of the dwellings hereby permitted.  

06.     No vegetation clearance shall take place during the main bird-nesting period of 1st March to 31st August inclusive unless otherwise agreed in writing by the Local Planning Authority.   

07.     The development hereby permitted shall be carried out in accordance with the mitigation measures outlined in the Report on the Daytime Scoping Bat Survey undertaken on 4 February 2011,  unless otherwise agreed in writing by the Local Planning Authority.

08.     The development shall not be begun until a Sustainability Statement demonstrating how the development meets current best practice standards in the sustainable use of natural resources has been submitted to and approved in writing by the Local Planning Authority.  The Statement shall include either a Design Stage Report and BRE Interim Certificate or a pre-assessment estimator carried out by an independent assessor licensed by the Building Research Establishment demonstrating that the development meets a minimum standard of Level 3 of the Code for Sustainable Homes.  The development shall be implemented in accordance with the Sustainability Statement and shall be retained in accordance therewith unless the Local Planning Authority gives prior written consent to any variation.  

09.     Within one month of the first occupation of the development hereby permitted (or, where the development is phased, within one month of the first occupation of the final phase of that development), a Post Construction Review Report shall be carried out by an independent assessor licensed by the Building Research Establishment and a Final Code Certificate shall be submitted to the Local Planning Authority which demonstrates that the development has been constructed to meet a minimum standard of level 3 of the Code for Sustainable Homes.

10.     The development shall not be begun until an Energy Demand Assessment has been submitted to and approved in writing by the Local Planning Authority.  This shall demonstrate that a proportion of the development’s energy requirements will be provided from on-site renewable energy production (which proportion shall be 10% unless otherwise agreed in writing by the Local Planning Authority).  The buildings thereafter constructed by the carrying out if the development shall be in accordance with the approved assessment and retained in accordance therewith, unless the Local Planning Authority gives prior written consent to any variation.     

11.     No dwelling shall be occupied until a means of vehicular access has been constructed in accordance with details which have been submitted to and approved by the Local Planning Authority.      

12.     No dwelling shall be occupied until the associated vehicle parking has been surfaced and marked out in accordance with the approved drawing. The spaces shall thereafter be kept available for parking at all times.      

13.     The garage accommodation shall be retained for the use of the parking of vehicles at all times, unless otherwise agreed in writing by the Local Planning Authority.

14.     The development 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        

          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 without the prior written permission of the Local Planning Authority.

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

16.    The development hereby permitted shall not be begun until details of a scheme of walls, fences and any other means of enclosure has been submitted to and approved in writing by the Local Planning Authority.  The approved scheme shall be implemented in full before the occupation of any of the buildings approved in this permission or as may otherwise be agreed in writing by the Local planning Authority.

17.    The development hereby permitted shall not be begun 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.

18.    The dwellings shall not be occupied until visibility splays of 2.0 metres by 2.0 metres have been provided at the junction of the driveway and the adjacent carriageway.  The dimensions shall be measured along the edge of the drive and the edge of the carriageway from their point of intersection.  The visibility splays shall at all times thereafter be kept free of all obstructions to visibility over a height of 0.6 metres measured from the surface of the carriageway.

19.    The development hereby permitted shall not be begun until a scheme has been submitted to and approved in writing by the Local Planning Authority for off site highway works including the following:

Improvement works to junction of Rosedene Lane and Yorktown Road and relocation of street furniture to the south east of the  junction

The dwellings hereby approved shall not be occupieduntil the off site highway works have been completed in accordance with the scheme.

20.    Notwithstanding the drawings that have been submitted and  the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification) the windows serving the en-suites in plots 4 and 5 in the roof slope facing east shall be no less than 1.7 metres above internal floor level and no additional windows, similar openings or enlargement thereof shall be constructed in the rear elevations of these dwellings at first floor level and above except for any which may be shown on the approved drawing(s).

 

Summary Of Reason(s) For Decision:

 

The following development plan policies have been taken into account in determining this planning application:

 

Bracknell Forest Borough Local Plan (BFBLP) Policies:

EN3 - which seeks to conserve nature

EN20 – which seeks to ensure that the design of the proposed development is in sympathy with the local environment.

M9 – which seeks satisfactory parking provision for vehicles and cycles.

 

Core Strategy Development Plan (CSDPD) Policies:

CS6 – which seeks to ensure that development will mitigate adverse impacts upon communities, transport and the environment.

CS7 – which seeks to ensure that developments are of high quality design.

CS10 - which requires development proposals to be accompanied by a Sustainability Statement.

CS12 - which requires development proposals to be accompanied by an Energy Demand Assessment      

CS14 - which seeks to avoid an adverse impact upon the integrity of the Thames Basins Heaths Special Protection Area.

CS23 - which seeks to ensure the Council will use its powers to reduce the need to travel, and promote alternative modes, increase safety of travel and maintain and improve the local road network.

 

South East Plan (SEP) Policies:

CC6 - Sustainable Communities. & Character of Environment - which seeks development that will respect and enhance the character and distinctiveness of settlements and landscapes, and use innovative design to create a high quality built environment which promotes a sense of place.

CC7 which requires sufficient capacity to be available in existing infrastructure to meet the needs of new development, and where this cannot be demonstrated, that additional capacity be released through demand management measures, better management of existing or provision of new infrastructure.

 

(Please note that this is not intended to be an exhaustive list).

 

The following material considerations have been taken into account:

 

The proposed development will provide an acceptable development that does not detract from the character of the surrounding area and will not detract unduly from the living conditions of neighbours. It will also provide acceptable accesses and parking provision.  Having due regard to the EC Habitats Directive 1992 and the Conservation (Nature Habitats) Regulations 1994 (as amended) it is considered that this application provides sufficient information to demonstrate that it passes the tests set out therein. In this instance it is considered that for this application:

- There are overriding public interests in terms of the social and economic benefits from the proposed development, which will replace a worn out house to make efficient use of land in an urban area with 5 new energy efficient dwellings

- There are no satisfactory alternatives to the development;

- The mitigation strategy within the submitted report will meet the third derogation test in relation to favourable conservation status

 

The proposal is considered to comply with BFBLP Policies EN3, EN20 and M9 CSDPD Policies CS6, CS7, CS10, CS12, CS14 and CS23 and SEP policies CC6 and CC7.  The proposal will not adversely affect the character of the building, neighbouring property or significantly affect the amenities of neighbouring property.  The planning application is therefore approved.

 

The proposal has been considered in the light of the Draft National Planning Policy Framework.  It is considered this does not alter the recommendation to approve this application. 

 

 

 (ii)       In the event of the S106 planning obligation(s) not being completed by

2 April 2012, the Head of Development Management  be authorised to refuse the application for the following reason:-

 

01.     The proposed development would unacceptably increase the pressure on highways and transportation infrastructure, open space and outdoor recreation facilities, secondary education facilities and the Thames Basin Heath Special Protection Area. 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 safety measures the proposal is contrary to Policy CC7 of the South East Plan, Policy M4 of the Bracknell Forest Borough Local Plan and CS24 of the Core Strategy Development Plan Document and to Supplementary Planning Document Limiting the Impact of Development (adopted July 2007). 

 

 

 

Supporting documents:

 

Contact Information

Democratic services

Email: committee@bracknell-forest.gov.uk