Agenda item

Erection of 8no. 1 bedroom flats with associated parking following demolition of existing buildings.

Erection of 8 no. 1 bedroom flats with associated parking following demolition of existing buildings.

 

The Committee noted:

 

·        The supplementary report tabled at the meeting

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

·        The 51 objections received as summarised in the agenda.

·        The representations from one public speaker who joined the meeting.

 

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

i. Measures to avoid and mitigate the impact of residential development upon the Thames Basins Heath SPA

ii. (a) ensure a Highways Act S278 agreement is entered into for:

(i) the vehicular access formation onto New Road, including reinstatement of sections of dropped-kerb which are no longer required back to full-height kerb;

(ii) the pedestrian access formation onto King Edwards Road; and

(b) for the applicant to pay legal costs associated with reviewing and advertising amendment of the parking restrictions Traffic Regulation Order, to extend double yellow line provision across the site frontage onto New Road, and paying the costs of implementing the revised Traffic Regulation Order subject to this being successful.

 

RECOMMENDATION That the Assistant Director: Planning be recommended to APPROVE the application subject to the following conditions amended, added to or deleted as the Assistant: Director: Planning considers necessary:

 

1. 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.

 

2. The development hereby permitted shall be carried out only in accordance with the following approved plans received by the Local Planning Authority:

Drawing no. 17-J1703-201 Rev D received 1 July 2021

Drawing no. 17-J1703-202 Rev A received 9 February 2021

Drawing no. 17-J1703-203 Rev B received 24 May 2021

Drawing no. 17-J1703-204 Rev B received 24 May 2021

Drawing no. 17-J1703-209 received 9 February 2021

Drawing no. 17-J1703-210 received 9 February 2021

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

 

3. The development hereby permitted shall not be begun 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.

REASON: In the interests of the visual amenities of the area.

[Relevant Policies: BFBLP EN20, CSDPD CS7]

 

4. 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 drawing.

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

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

 

5. 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]

 

6. 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 in the southern and western elevations (side and rear 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]

 

7. The development hereby permitted shall not be begun until comprehensive details of both hard and soft landscaping works have been submitted to and approved in writing by the Local Planning Authority. These details shall include: -

a) Comprehensive planting plans of an appropriate scale and level of detail that provides adequate clarity including details of ground preparation and all other operations associated with plant and grass establishment, full schedules of plants, noting species, and detailed plant sizes/root stock specifications, planting layout, proposed numbers/densities locations.

b) Comprehensive 5 year post planting maintenance schedule.

c) Paving including paths, patios, proposed materials and construction methods, parking courts,etc.

d) Location, site specific design (including foundation requirements), and implementation method statement for permanent low barriers to prevent vehicle parking access onto retained soft landscaping areas forming part of the Root Protection areas of protected trees affecting the site.

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 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 BS 8545:2014 - Trees: from nursery to independence in the landscape - Recommendations 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 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 the visual amenities of the area.

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

 

8. 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]

 

9. 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 agreed 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]

 

10. The development hereby permitted shall not be begun until an Energy Demand Assessment demonstrating that:

(a) the proposed development will reduce carbon dioxide emissions by at least 10% against the appropriate Target Emission Rate as set out in Part L of the Building Regulations (2006), and

(b) a proportion of the development’s energy requirements will be provided from on-site renewable energy production (which proportion shall be 20%)

has been submitted to and approved in writing by the Local Planning Authority. The building shall thereafter be constructed in accordance with the approved assessment and retained as such thereafter.

REASON: In the interests of the sustainability and the efficient use of resources.

[Relevant Plans and Policies: CSDPD CS12]

 

11. The development hereby permitted shall not be occupied until the existing access to the site from New Road is closed and the footway/verge is reinstated in accordance with details to be submitted to and approved in writing by the Local Planning Authority. The reinstatement shall be retained thereafter. 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 highway safety.

[Relevant Policies: CSDPD CS23]

 

12. The development hereby permitted shall not be occupied until means of access for pedestrians onto New Road and onto King Edwards Road have been submitted to and approved in writing by the Local Planning Authority. The accesses shall thereafter be constructed in accordance with the approved plans. 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 accessibility and to facilitate access by pedestrians.

[Relevant Policies: BFBLP M6, CSDPD CS23]

13. The development hereby permitted shall not be occupied until the proposed vehicular access has been formed onto New Road in accordance with the approved plans and provided with visibility splays of at least 2.4m x 25m in each direction with the detailed access design and visibility splays to be submitted to and approved in writing by the Local Planning Authority. Thereafter the land within the visibility splays shall be cleared of any obstruction exceeding 0.6 metres in height measured from the surface of the adjacent carriageway and maintained clear if any obstruction exceeding 0.6 metres in height at all times.

REASON: In the interests of highway safety.

[Relevant Policies: CSDPD CS23]

 

14. The development hereby permitted shall not be occupied until visibility splays of 2.0 metres by 2.0 metres have been provided at the junction of the access and the adjacent footway. The dimensions shall be measured along the edge of the access and the back of the footway from their point of intersection. 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 carriageway.

REASON: In the interests of highway safety.

 

15. The development hereby permitted shall not be occupied until the associated vehicle parking and turning space for 9 vehicles has been surfaced with a bound or bonded material and marked out in accordance with the approved plans. The spaces shall thereafter be kept available for parking and turning at all times. One space shall be allocated to each flat and one space shall be marked and signed as a visitor parking space for the use visitors to any of the flats hereby permitted.

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.

[Relevant Policies: BFBLP M9, CSDPD CS23]

 

16. The development hereby permitted shall not be occupied until secure and covered cycle parking for 8 cycles has been provided in the location identified 'Cycle Store' on the approved plans within the development. The store shall thereafter be retained. The doors to the cycle store hereby approved shall be on the south-westerly elevation and of a sliding design. Any replacement or repair shall only be with a sliding door.

REASON: In the interests of accessibility of the development to cyclists.

[Relevant Policies: BFBLP M9, CSDPD CS23]

 

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

REASON: In the interests of highway safety.

[Relevant Policies: CSDPD CS23]

 

18. 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 larges anticipated construction vehicle can arrive in a forward gear, turn around on site and depart in a forward gear onto the adopted highway

(G) crane location (if required)

(H) timing and control of vehicle arrivals and departures, including:

(i) how timing will be controlled to avoid ensure that there is sufficient space on side for

construction vehicles to enter the site, turn around and leave the site in a forward gear;

(ii) timing of vehicle arrivals and departures to avoid the defined traffic sensitive time periods

on the neighbouring adopted highway network;

(iii) routes of construction vehicles to / from the site and how these will be monitored and

controlled.

(iv) details of proposed banksman arrangements, in particular if reversing movements of

construction vehicles are anticipated;

(I) visibility splays available at the site access onto New Road during construction; and

(J) details of any temporary traffic management or signage proposed.

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 (J) above.

REASON: In the interests of amenity, trees and road safety.

[Relevant Policies: BFBLP EN1, EN20, CSDPD CS23]

 

19. The development shall incorporate surface water drainage that is SuDS compliant and in accordance with DEFRA "Sustainable Drainage Systems - Non-statutory technical standardsfor 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]

 

20. The demolition shall not be begun 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. The approved scheme shall be performed, observed and complied with.

REASON: In the interests of nature conservation

Relevant Plans and Policies: CSDPD CS1, CS7]

 

21. 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 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.

REASON: In the interests of nature conservation

[Relevant Plans and Policies: CSDPD CS1, CS7]

 

22. No site clearance shall take place during the main bird-nesting period of 1st March to 31st August inclusive, unless a scheme to minimise the impact on nesting birds during the construction of the development has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be complied with during construction.

REASON: In the interests of nature conservation

[Relevant Plans and Policies: CSDPD CS1, CS7]

 

23. The development 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. Protection measures shall be phased as necessary to take into account and provide protection during demolition/site clearance works - all construction works - hard landscaping 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) 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 location/s of 2m high (minimum) protective barrier/s, supported by a metal scaffold framework, constructed as a minimum in accordance with Section 6 (Figure 2), 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 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 accordance with the approved details.

REASON: In order to safeguard existing trees and other vegetation considered worthy of retention.

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

24. The protective fencing and other protection measures specified by condition 23 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) 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 existing trees and other vegetation considered worthy of retention.

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

25. The development hereby permitted shall not be begun until the following details have been submitted to and approved in writing by the Local Planning Authority:

(i) details of all proposed alterations to the ground levels within the site within 5 metres of the minimum 'Root Protection Areas' calculated in accordance with BS 5837 (2012) recommendations (or any subsequent revision), for all existing retained trees within the site and on neighbouring land adjacent to the approved development. The details shall include:a) Existing and proposed finished levels.

b) Any proposed soil level re-grading in relation to existing retained trees, hedges and other vegetation.

c) Proposed retaining structures required to address level differences adjacent to retained trees and hedges and other vegetation, and

(ii) a programme and method of implementation.

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

REASON: In order to safeguard existing trees and other vegetation considered worthy of retention.

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

 

26. The development hereby permitted shall not be begun until a site specific method statement for the removal of all existing hard surfaced areas and/or structures of any other description, located within the minimum Root Protection Areas (RPA's) of trees to be retained, has been submitted to and approved in writing by the Local Planning Authority. Details shall include: -

a) A site plan at a minimum scale of 1:200, identifying all areas where such work is to be undertaken.

b) Reinstatement to soft landscape area including proposed ground de-compaction works.

c) Timing and phasing of works.

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

REASON: In order to safeguard tree roots and thereby safeguard existing trees.

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

 

27. 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 accordance with the approved details.

REASON: In order to safeguard tree roots and thereby safeguard existing trees and other vegetation considered worthy of retention.

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

28. The development hereby permitted shall not be begun 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.

b) 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. No variation of the approved monitoring program shall take place withoutthe prior written agreement of the Local Planning Authority. A copy of the signed inspection report shall be sent to the Local Planning Authority following each visit.

REASON: In order to safeguard trees and other vegetation considered to be worthy of retention.

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

29. No demolition or construction work shall take place outside the hours of 8:00am and 6:00pm Monday to Friday; 8:00am and 1:00pm Saturday and not at all on Sundays and Public Holidays.

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

[Relevant Policies: BFBLP EN20, EN25]

 

In the event of the S106 agreement not being completed by 29th October 2021, 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 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).