Agenda item

PS20-01063-FUL Crown Land East of Swinley Road Ascot

Application for temporary planning permission for use of land for filming purposes. Works to include construction of film set and use of associated land for parking and storage purposes for a period of 12 months.

Minutes:

Application for temporary planning permission for use of land for filming purposes. Works to include construction of film set and use of associated land for parking and storage purposes for a period of 12 months.

 

The Committee noted:

 

·       The supplementary report tabled at the meeting.

·       The comments of Winkfield Parish Council as detailed in the agenda.

·       The objections from CPRE Berkshire and the Society for the Protection of Ascot & Environs as summarised in the agenda.

·       The comments from Creative England as summarised in the agenda.

·       The 78 objections received as summarised in the agenda.

·       The 45 letters of support received which were also summarised in agenda.

 

A motion to approve the recommendation in the officer report was proposed but fell at the vote.

 

Therefore an alternative motion to approve the application was proposed and seconded, and on being put to the vote was CARRIED.

 

RESOLVED that the Head of Planning be authorised to APPROVE application 20/01063/FUL subject to the following conditions amended, added to or deleted as the Assistant Director: Planning considers necessary:

 

Conditions relating to commencement, use and restoration

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 use hereby permitted shall be carried on only by Ms E. Pill and the use shall cease, and all structures, materials and equipment brought onto the site in connection with the use shall be removed within 12 months from the first commencement of the use hereby permitted, or on the cessation of the use of the site by Ms E. Pill, whichever is the sooner.  Following cessation of the use the land shall be restored to its former condition in accordance with a timescale and scheme of work previously submitted to and approved in writing by the Local Planning Authority, and thereafter undertaken in accordance with the approved scheme. 

REASON: The site is located within the Green Belt where it is the policy of the Local Planning Authority to restrict such use of the land and planning permission is only granted because the use applied for is temporary in nature for a period of up to 12 months and the applicant has demonstrated that very special circumstances exist that outweigh the potential harm to the Green Belt by reason of inappropriateness, and any other harm resulting from the proposal.

[Relevant Policies: Saved Policies GB1 and GB2 of the Bracknell Forest Borough Local Plan; Policy CS9 of the Core Strategy Development Plan Document and paragraphs 143-146 of the National Planning Policy Framework]

 

03. Filming shall take place on no more than 30 days in total and shall take place within a four-month period.

REASON: To accord with the terms of the application and to enable the Local Planning Authority to regulate and control the development of the land.

 

04. During the site preparation and strike phases of the use hereby permitted no activities shall take place between the hours of 19:00 and 07:00.

Reason: in the interests of the amenities of the occupiers of nearby residential premises.

[Relevant Policies: BFBLP EN25]

 

05.  No filming shall take place outside the hours of 07:00 and 18:00 unless prior notification has been made to the Local Planning Authority and neighbouring properties. The notification to the Local Planning Authority shall include a list of neighbours that have been notified which has been previously agreed with the Local Planning Authority and the date on which they were notified which shall be no less than 14 days prior to filming taking place.

Reason: in the interests of the amenities of the occupiers of nearby residential premises.

[Relevant Policies: BFBLP EN25]

 

06. The development hereby permitted shall be carried out only in accordance with the following approved plans:

 

PL-010-Site Location Plan

PL-100- Proposed Block Plan

PL-200-Proposed Structures - Plans and Elevations

21006-06A

21006-07A

21006-08A

21006-09

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

 

Conditions relating to visual amenity

07.  Notwithstanding any indications shown on drawings PL-100-Proposed Block Plan or PL-200-Proposed Structures - Plans and Elevations full details of the structures to be built for the film set, including the siting of each set building and details of materials shall be submitted to and approved by the Local Planning Authority prior to the commencement of the site preparation phase.  The approved details shall be implemented in full for each structure approved in this permission.

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

 

08. Full details of any fences, including any site security fencing or fencing in connection with the construction of the film set shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the site preparation phase.  The approved details shall be implemented in full.

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

 

Biodiversity conditions

09. No development hereby permitted (including site preparation) shall take place until a Construction Environmental Management Plan has been submitted to and approved in writing by the Local Planning Authority. The plan shall include:

i) an appropriate scaled plan showing habitats on the site, parking areas and access routes and areas where construction, parking and storage activities will be restricted;

ii) details of protective measures to avoid impacts during the site preparation, filming and strike phases of the development;

iii) a timetable to show the phasing of works and filming activity; and

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

The Construction Environmental Management Plan shall be implemented and maintained in accordance with approved details through the period the land is used for the development permitted.

REASON: In the interests of nature conservation

[Relevant Plans and Policies: Core Strategy DPD CS1, CS7]

 

10. The development hereby permitted shall not be commenced until a habitat creation/restoration management plan has been submitted to and approved in writing by the Local Planning Authority. The plan shall include:-

i) a description and evaluation of the features to be managed;

ii) a description of target habitats and species;

iii) ecological potential and constraints on the site;

iv) aims and objectives of management;

v) appropriate management options including location and method statements;

vi) prescriptions for management actions;

vii) preparation of a work schedule indicating the timing of works;

viii) personnel responsible for implementation of the plan; and

ix) monitoring and remedial measures triggered by monitoring.

The approved plan shall be observed, performed and complied with.

REASON: In the interests of nature conservation

[Relevant Plans and Policies: Core Strategy DPD CS1, CS7]

 

11. The development hereby permitted shall not commence until a scheme has been submitted to and approved in writing by the Local Planning Authority for external site lighting, including details of lighting units, levels of illumination and hours of use. No 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 approved scheme.

REASON: In the interests of the character of the area, the amenity of neighbouring properties and of biodiversity.

[Relevant Policies: BFBLP EN20 and EN25, Core Strategy DPD CS1 and CS7]

 

Highway conditions

12. The means of vehicular access and egress to the site shall be from Buttersteep Rise only.

REASON: In the interests of highway safety.

[Relevant Policies: Core Strategy DPD CS23]

 

13. The use hereby permitted (including site preparation) shall not commence until the following highway works on Buttersteep Rise have been completed in accordance with drawing 21006-06A:

- Widening of the road at the Swinley Road junction;

- Provision of passing places along Buttersteep Rise.

 

No works to Buttersteep Rise shall take place until full details of construction, including details of materials and any vegetation removal, together with details on reinstatement of the land following cessation of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority.  

REASON: In the interests of highway safety.

[Relevant Policies: BFBLP M4, Core Strategy CS24]

 

14. Notwithstanding any indication shown on drawing PL-100-Proposed Block Plan the use (including any site preparation works) hereby permitted shall not commence until space for the parking of cars, vans, minibuses, HGVs and other vehicles has been laid out within the site in accordance with a parking layout plan that has been previously submitted to and approved in writing by the Local Planning Authority.

 

The spaces shall thereafter be retained and not used for any purpose other than the purposes shown on the approved plan serving the development.

REASON: To ensure that the development is provided with adequate parking that does not result in ecological harm in the interests of highway safety and biodiversity.

[Relevant Policies: Policy EN20 and M9 of the Bracknell Forest Borough Local Plan and Policies CS1, CS7 and CS23 of the Core Strategy Development Plan Document and paragraphs 170 and 175 of the NPPF]

 

15.  The use hereby permitted (including site preparation) shall not commence until a Traffic Management Plan has been submitted to and approved in writing by the Local Planning Authority.  This shall include measures for managing access to the Buttersteep Forest Members Car Park during the course of filming activities; prohibiting access via Buttersteep Rise for any large forestry vehicles during the course of filming activities; temporary signage to be erected to warn of the presence of the site entrance and HGVs turning; employment of a qualified banksman to guide the movement of HGVs; restrictions on the hours that HGVs could use Buttersteep Rise; a vehicle routing plan; and the provision of signing and safe pedestrian routes within the site.

REASON: In the interests of amenity and road safety.

[Relevant Policies: BFBLP EN20, Core Strategy DPD CS23]

 

16.  The use hereby permitted (including site preparation) shall not commence until a scheme for the provision and management of off-site parking has been submitted to and approved in writing by the Local Planning Authority.

REASON: To ensure that adequate off-site parking has been secured that is available and effective to prevent overspill parking; parking obstructing the highway or encroachment of parking into other areas of the forest outside the site to the detriment of highway and pedestrian safety, or that would result in ecological harm.

[Relevant Policies: Policy EN20 and M9 of the Bracknell Forest Borough Local Plan and Policies CS1, CS7 and CS23 of the Core Strategy Development Plan Document and paragraphs 170 and 175 of the NPPF]

 

17. No development (including site preparation) shall take place until a scheme detailing the organisation of the unit base has been submitted to and approved in writing by the Local Planning Authority, to accommodate:

 

(a) portacabin site offices and toilet facilities

(b) storage containers (artist trailers, prop storage, security)

(c) two marquees for costumes and dining

(d) construction and general waste skips

(e) wastewater bowser and freshwater bowsers

(f) parking for technical vehicles and associated generators

(g) parking for crew and cast


Each facility shall be retained throughout the course of the period of use, 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 (g) above.
REASON: To ensure that adequate provision for these facilities is made to prevent overspill parking or parking obstructing the highway to the detriment of road safety or that would result in ecological harm, or encroachment into other areas of the forest outside the site in the interests of highway and pedestrian safety and biodiversity.

[Relevant Policies: Policy EN20 and M9 of the Bracknell Forest Borough Local Plan and Policies CS1, CS7 and CS23 of the Core Strategy Development Plan Document and paragraphs 170 and 175 of the NPPF]

 

Tree Conditions

18. Prior to the commencement of any highway works on Buttersteep Rise a comprehensive topographical (land) survey for the verge on the north side of Buttersteep Rise shall be submitted to the Local Planning Authority in accordance with Section 4 of British Standard 5837:2012 ‘Trees in relation to design, demolition and construction - Recommendations’.  The survey shall be at a minimum scale of 1:200 (unless agreed otherwise with the Local Planning Authority).

 

The topographical survey should record:

Spot levels at the base of trees and throughout the survey area at an interval appropriate to meet design requirement, recorded as a grid and interpolated as contour, ensuring that any abrupt changes, embankments, ditch inverts and retaining features are recorded; and

a)    The position of all trees within the survey area with a stem diameter of 75 mm. or more, measured at 1.5 metres above highest adjacent ground level; and

b)    The position of trees with an estimated stem diameter of 75 mm. or more that overhang the site or are located beyond the boundaries of the survey area within a distance of up to 12 times their estimated stem diameter; and

c)     For individual trees, the crown spread taken at four cardinal points; for woodlands or substantial tree group, the overall extent of the canopy; and

d)    The extent, basal ground levels and height of shrub masses, hedges, hedgerows and stumps; and

e)    Other relevant landscape features and artefacts, such as streams, buildings and other structures, trenching scars near to trees; also any overhead and underground utility apparatus, including drainage runs with manholes and invert levels; and

f)      Hard surfaced areas of any description; and

g)    Existing boundary treatment and means of enclosure.

 

REASON:  In order to assess the impact of the development upon existing vegetation, landform and other site landscape features.
[Relevant Policies: BFBLP EN1 and EN20, CSDPD CS7]

 

19. Prior to the commencement of any highway works on Buttersteep Rise a tree survey covering the verge on the north side of Buttersteep Rise shall be submitted to the Local Planning Authority in accordance with Section 4 of British Standard 5837:2012 ‘Trees in relation to design, demolition and construction - Recommendations’.  The tree survey should record:-
a) the accurate trunk position and branch spread of each existing tree within the survey area and adjacent to this on neighbouring land likely to influence the survey area, with a stem diameter of 75mm or greater (measured at 1.5m from ground level).  Each tree identified shall be allocated a reference number; and
b) for each tree identified the species, existing height in metres, stem diameter in millimetres (measured at 1.5m above ground level), canopy spreads in metres to the north, east, south and west, age class (young, middle aged, mature, over mature) and condition; and
c) a schedule of any proposed remedial safety works to any tree within the survey area or overhanging canopies of trees on land adjacent to the survey area; and
d) Root Protection Areas for each tree calculated in accordance with Section 4 of British Standard 5837:2012 or any subsequent revision.


REASON:  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 highway works on Buttersteep Rise hereby permitted shall not be begun until a detailed scheme for the protection of existing trees, hedgerows and groups of mature shrubs to be retained, 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 mature shrubs.

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.

 

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]

 

21. The approved tree protective fencing and other protection measures specified by condition 20 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 maintained fully intact and (in the case of the fencing) upright, in its approved locations at all times, until the completion of all building operations on the site (unless agreed otherwise in writing by the Local Planning Authority). 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)         No storage or disposal of any soil, building materials, rubble, machinery, fuel, chemicals, liquids waste residues or materials/debris of any other description;

c)         No installation of any temporary structures of any description including site office/sales buildings, temporary car parking facilities, portable-toilets, storage compounds or hard standing areas of any other description;

d)         No soil/turf-stripping; raising or lowering of existing levels; excavation or alterations to the existing surfaces/ground conditions of any other description;

e)         No installation of any underground services, temporary or otherwise, including; drainage, water, gas, electricity, telephone, television, external lighting or any associated ducting;

f)          No parking or use of tracked or wheeled machinery or vehicles of any description;

g)         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;

h)         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]

 

22. The highway works on Buttersteep Rise hereby permitted shall not be begun until a programme of supervision and 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;
b) identification of key personnel and their responsibilities ;
c) statement of delegated powers;
d) timing of site visits and methodology of record keeping; and
e) procedures for dealing with variations and incidents.


The programme of arboricultural monitoring shall be undertaken in full compliance with the approved details.

 

No variation of the approved monitoring program shall take place without the prior written agreement of the Local Planning Authority.  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]

 

23. No retained tree, hedgerow or group of shrubs specified as to be retained on the detailed scheme for the protection of existing trees approved under condition 20 shall be cut down, uprooted or destroyed.

 

Any trees, hedgerows or groups of shrubs shown to be retained on the approved plans which die, are removed or irreparably damaged during the course of the development, or within a period of 5 years of the completion of the development, shall be replaced with another tree, hedgerow or group of shrubs of the same species and size as that originally planted.

 

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]

 

 

24. The highway works on Buttersteep Rise shall not be begun until full details of the method of construction, so designed to minimise their adverse impact on tree roots, have been submitted to and approved in writing by the Local Planning Authority.  Details shall be site specific and include:-

a) an approved layout plan to 1:200 scale, showing the accurate trunk positions and branch spreads of existing retained trees in relation to the proposals;

b) layout and construction profile drawing(s);

c) Engineering and/or Arboricultural construction method statements; and

d) implementation method statement including timing/phasing of works.

The highway works shall be implemented in full accordance with the approved details.

REASON: In order to safeguard tree roots and thereby safeguard trees considered worthy of retention in the interests of visual amenity of the area.

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

 

Informative(s)

01. The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern within the application (as originally submitted) and negotiating, with the applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National

Planning Policy Framework.

 

02. With respect to condition 14 the applicant is advised that the parking areas numbered 1, 2 and 3 are all on rides that have heather margins. As agreed, the parking needs to be repositioned away from these areas.

 

03. With respect to condition 15 the applicant is advised that the Traffic Management Plan should include the following measures:

 

(a) that the HGV routing should ensure that all HGVs will arrive at Buttersteep Rise from the south and depart Buttersteep Rise to the north;

(b) as historic data on traffic flows along Swinley Road indicate that traffic levels are lower during the period of 10am to 2pm during weekdays activity levels for the set up and strike should consider these times to help reduce the impact on the junction and local road network;

(c) In respect of the use of banksmen, consideration should be given to the use of banksmen within the site, at the site entrance and along Buttersteep Rise;

(d) The exact details and locations of any signage should be discussed with the Council’s Traffic Manager prior to any submission under this condition.

 

 

Supporting documents: