Notice of Meeting
Planning Committee Councillor Dudley (Chairman), Councillor Brossard (Vice-Chairman), Councillors Angell, Dr Barnard, Bhandari, D Birch, Brown, Gbadebo, Green, Mrs Hayes MBE, Heydon, Mrs Mattick, Mrs McKenzie, Mrs McKenzie-Boyle, Mossom, Parker, Skinner and Virgo
Thursday 21 May 2020, 6.30 - 8.30 pm Online Only
Agenda
Item Description Page
1. Election of Chair
2. Appointment of Vice-Chair
3. Apologies for Absence
To receive apologies for absence.
4. Minutes 5 - 16
To approve as a correct record the minutes of the meeting of the Committee held on 23 April 2020.
5. Declarations of Interest
Members are asked to declare any disclosable pecuniary or affected interests in respect of any matter to be considered at this meeting.
Any Member with a Disclosable Pecuniary Interest in a matter should withdraw from the meeting when the matter is under consideration and should notify the Democratic Services Officer in attendance that they are withdrawing as they have such an interest. If the Disclosable Pecuniary Interest is not entered on the register of Members interests the Monitoring Officer must be notified of the interest within 28 days.
Any Member with an Affected Interest in a matter must disclose the interest to the meeting. There is no requirement to withdraw from the meeting when the interest is only an affected interest, but the Monitoring Officer should be notified of the interest, if not previously notified of it, within 28 days of the meeting.
6. Urgent Items of Business
Any other items which, pursuant to Section 100B(4)(b) of the Local Government Act 1972, the Chairman decides are urgent.
EMERGENCY EVACUATION INSTRUCTIONS If you hear the alarm, leave the building immediately. Follow the green signs. Use the stairs not the lifts. Do not re-enter the building until told to do so. Planning Applications
(Head of Planning)
The conditions for public speaking have been met in the applications marked ‘PS’. For further information or to register for public speaking, please contact Customer Services 01344 352000. 7. PS 19-00343-FUL Moat Farm, Winkfield Lane, Winkfield, Windsor, 21 - 44 Berkshire SL4 4SR
Erection of 12 dwellings with parking, access, and landscaping following demolition of existing buildings.
8. 20-00279-FUL 5 Mount Pleasant, Sandy Lane, Sandhurst, Berkshire 45 - 54 GU47 8NN
Erection of single storey side and front extension plus alterations to detached garage flat roof.
9. 19-00931-FUL Winkfield Park, Winkfield Row, Bracknell, Berkshire RG42 55 - 82 6NA
Demolition of Brockhill House and stable barn. and erection of replacement main house comprising 9 no. apartments. Reporting:
10. 20-00015-FUL Land To The Rear Of 147 Yorktown Road, Sandhurst, 83 - 96 Berkshire GU47 9BN
Erection of two bed detached bungalow with access from Travis Lane
11. 20-00126-FUL Grantmoor, 25 Stoney Road, Bracknell, Berkshire RG42 97 - 110 1XY
Conversion of detached dwelling and garage to form 4 no. 1 bed apartments and 1 no. 1 bed bungalow, external alterations with new windows and doors and parking
12. 20-00172-FUL Royal Berkshire Polo Club, North Street, Winkfield, 111 - 120 Windsor, Berkshire SL4 4TH
Section 73 application to vary condition 4 (time limit for works) of planning application 16/01284/FUL for levelling and extension to No. 6 Ground and creation of irrigation pond. (For clarification; this application is to extend the time limit for levelling the field and removing the haul road to 31 October 2020.)
Sound recording, photographing, filming and use of social media is permitted. Please contact Hannah Stevenson, 01344 352308, [email protected], so that any special arrangements can be made. Published: 12 May 2020
EMERGENCY EVACUATION INSTRUCTIONS If you hear the alarm, leave the building immediately. Follow the green signs. Use the stairs not the lifts. Do not re-enter the building until told to do so. Agenda Item 4
PLANNING COMMITTEE 23 APRIL 2020 6.30 - 9.48 PM
Councillors Dudley (Chairman), Brossard (Vice-Chairman), Angell, Dr Barnard, Bhandari, D Birch, Brown, Gbadebo, Green, Mrs Hayes MBE, Heydon, Mrs McKenzie, Mrs McKenzie- Boyle, Mossom, Parker, Skinner and Virgo. Apologies for absence were received from: Councillors Mrs Mattick Also Present: Councillors Atkinson, Gaw, Kennedy, Leake and Turrell.
77. Minutes RESOLVED that the minutes of the meeting of the Committee held on 13 February 2020 be approved as a correct record and signed by the Chairman.
78. Declarations of Interest There were no declarations of interest.
79. Urgent Items of Business There were no urgent items of business.
80. 19-00753-FUL Unit C Cookham Road Change of use from office (B1) to Islamic community centre (D1).
The Committee noted:
The supplementary report of the Head of Planning tabled at the meeting. That Binfield Parish Council raised no objection to the proposal. A total of 192 objections received, as summarised in the Agenda papers. That 685 letters of support and a petition of support with 198 signatures had been received.
A site visit had been held on Saturday, 14 March 2020, which had been attended by Councillors Brossard, Brown, Dudley, Green, Heydon, Mrs McKenzie-Boyle, Mossom and Parker.
Following the completion of planning obligation(s) under Section 106 of the Town and Country Planning Act 1990 relating to the following measures:
- Securing a travel plan with associated fees and deposit payments
RESOLVED that the Head of Planning be authorised to APPROVE the application 19/00753/FUL subject to the following conditions amended, added to or deleted as the Head of Planning considered necessary:
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01. The use hereby permitted shall be begun before the expiration of three years from the date of this permission. REASON: To comply with Section 91 of the Town and Country Planning Act 1990.
02. The use hereby permitted shall be carried out only in accordance with the following approved plans and other submitted details: Site Location Plan - Drawing Number: 004 - Received 18th March 2020 Block Plan - Drawing Number: 003 Rev B - Received 21st April 2020 Proposed Ground Floor Plan - Drawing Number: 002 Rev B - Received 9th March 2020 Transport Statement - Received 9th March 2020 Travel Plan - Received 9th March 2020 REASON: To ensure that the development is carried out only as approved by the Local Planning Authority.
03. The hours of operation shall be restricted to between 6am and 11pm. REASON: In the interests of the neighbouring properties. [Relevant Policies: BFBLP EN20]
04. The development hereby permitted may not be brought into use until the associated vehicle parking and turning space has been laid out within the site in accordance with the approved Block Plan BICS/PLAN/003/REV-A and the approved Proposed Ground Floor Plan BICS/PLAN/002/REV-B for 42 cars and 1 shuttle minibus to be parked with 2 spaces marked for disabled users and 13 spaces marked for car share. The spaces shall thereafter be kept available for parking at all times. REASON: To ensure that the development is provided with adequate car parking to prevent the likelihood of on-street car parking which would be a danger to other road users. [Relevant Policies: BFBLP M9, Core Strategy DPD CS23]
05. The southern access doors to the internal parking hereby approved shall be of a roller shutter design. Any replacement or repair shall only be with a roller shutter type door. REASON: To ensure that the internal parking is still accessible while cars are parked to the south of the building, avoiding inappropriately parked cars comprising the reversing/turning area. [Relevant Policy: BFBLP M9]
06. The development hereby permitted may not be brought into use until at least 20 cycle parking spaces have been provided in the locations identified for cycle parking on the approved Block Plan BICS/PLAN/003/REV-A and the approved Proposed Ground Floor Plan BICS/PLAN/002/REV-B and shower and changing facilities have been provided for cyclists within the development. 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]
07. The development hereby permitted may not be brought into use until a pedestrian crossing with dropped kerbs and tactile paving to each side has been provided on the northern branch of Cookham Road in the location shown on the approved Block Plan. BICS/PLAN/002/REV-B. REASON: In the interests of accessibility of the development to pedestrians. [Relevant Policy: BFBLP M4 and M6, Core Strategy DPD CS23]
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08. The development hereby permitted may not be brought into use until details of the means to physically limit the number of people present on the site to a maximum of 80 people have been submitted to and approved in writing by the Local Planning Authority. Thereafter the means to physically limit the number of people present on the site to a maximum of 80 people shall be retained and used. No more than 80 people shall be present on the site at any time. REASON: To reduce the likelihood of parking demand exceeding capacity resulting in on-street car parking which would be a danger to other road users. [Relevant Policies: BFBLP M9, Core Strategy DPD CS23]
09. The development hereby permitted shall not be brought into use until details of the proposed shuttle bus service to operate between 12:45 and 15:15 hours every Friday on a continuous loop between an agreed public car park location and the development site have been submitted to and approved in writing by the Local Planning Authority. The service shall be implemented in accordance with the approved details. REASON: In the interests of accessibility by public transport and to reduce the likelihood of parking demand exceeding capacity resulting in on-street car parking which would be a danger to other road users. [Relevant Policies: BFBLP M4 and M8, Core Strategy DPD CS23]
10. Once the development hereby permitted has been brought into use, deliveries or refuse collection to the development using vehicles larger than 7.5 tonnes or exceeding 6m in length shall NOT be undertaken between the following time periods: (a) between 12:30 and 15:30 on a Friday (b) after 16:00 on any day REASON: To avoid deliveries or refuse collection coinciding with peak demand for parking at the development resulting in obstruction to parking which would result in on-street parking which would be a danger to other road users. [Relevant Policies: Core Strategy DPD CS23]
11. The approved Travel Plan dated 6th Jan 2020 shall be implemented in full for a minimum period of 5 years from the development being brought into use in accordance with the following criteria:
(a) The details of the appointed Travel Plan Coordinator shall be submitted to the Local Planning Authority at least 3 months prior to the development being brought into use. (b) If the Travel Plan Coordinator changes within 5 years from the development being brought into use then the new Travel Plan Coordinator's details shall be submitted to the Local Planning Authority as soon as reasonably practical. (c) A baseline travel and parking survey shall be undertaken within 4 months of the development being brought into use covering all three Friday Prayer sessions. Thereafter travel and parking surveys shall be repeated annually for 5 years. The results of each travel survey shall be submitted to the Local Planning Authority within 3 months of each travel survey being undertaken. (d) The operation of the Travel Plan and relevant travel plan fee and deposit shall be secured through a S106 legal agreement. (e) Any variation to the approved Travel Plan document must approved in writing by the Local Planning Authority. [Relevant Policies: Core Strategy DPD CS23 and CS24]
12. Friday Prayer shall be operated in sessions as follows:
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(a) a maximum of three sessions. (b) a maximum of 80 people per session. (c) the start times of each session must be at least 45 minutes apart. (d) each session must last no longer than 35 minutes. (e) the site must be clear of people from the previous session before people may begin prayers for the following session with the exception of the imam and up to 3 other staff. (f) any area of the site which is not associated with Friday Prayer including inter alia meeting rooms, library and community recreational room shown on the approved Proposed Ground Floor Plan BICS/PLAN/002/REVB- may NOT be occupied for the period from 15 minutes prior to the start of the first session to 15 minutes after the end of the last session. REASON: To reduce the likelihood of parking demand exceeding capacity resulting in on-street car parking which would be a danger to other road users. [Relevant Policies: BFBLP M9, Core Strategy DPD CS23]
81. PS 19-00714-FUL Land West Of Prince Albert Drive, Prince Albert Drive, Ascot, Berkshire Conversion of existing barn to 6 dwellings, and associated access drive and car park. Change of use of land to residential curtilage.
The Committee noted:
The supplementary report of the Head of Planning tabled at the meeting. The observations of Winkfield Parish Council. A total of 37 letters of objection received from 28 separate postal addresses, as summarised in the Agenda papers.
The criteria for public speaking had been met in respect of this application and the Committee was addressed by Neil Davis, objecting to the application and Emily Temple speaking in response.
A site visit had been held on Saturday, 14 March 2020, which had been attended by Councillors Brossard, Brown, Dudley, Green, Mrs Hayes MBE, Mrs McKenzie-Boyle, Mossom, Parker and Atkinson.
Following the completion of planning obligation(s) under Section 106 of the Town and Country Planning Act 1990 relating to measures to avoid and mitigate the impact of residential development upon the Thames Basins Heath Special Protection Area (SPA);
RESOLVED that the Head of Planning be authorised to APPROVE the application subject to the following conditions amended, added to or deleted as the Head of Planning considers necessary:-
01. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. REASON: To comply with Section 91 of the Town and Country Planning Act 1990.
02. The development hereby permitted shall be carried out only in accordance with the following approved plans received by the Local Planning Authority on 13 August 2019 and 27 February 2020:
drawing no. PAD/DEC/001
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drawing no. PAD/DEC/002 Rev 7
REASON: To ensure that the development is carried out only as approved by the Local Planning Authority.
03. The materials to be used in the construction of the external surfaces of the development hereby permitted shall match those shown on drawing no. PAD/DEC/001 received 13 August 2019. REASON: In the interests of the visual amenities of the area. [Relevant Policies: BFBLP EN20, CSDPD CS7]
04. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re- enacting that order with or without modification) no enlargement, addition, improvement or other alteration permitted by Classes A, B, D, E and F of Part 1 of the Second Schedule of the 2015 Order (as amended) shall be carried out. REASON: To protect the openness of the Green Belt within which the site is located. [Relevant Policies: BFBLP GB1, CSDPD CS9]
05. The dwellings hereby permitted shall not be occupied until a scheme depicting hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include a 3 year post planting maintenance schedule. All planting comprised in the soft landscaping works shall be carried out 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. 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 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 approved. The areas shown for soft landscaping purposes on the approved plans shall thereafter be retained as such. REASON: In the interests of good landscape design and the visual amenity of the area. [Relevant Policies: BFBLP EN2 and EN20, CSDPD CS7]
06. The dwellings hereby permitted shall not be occupied 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 dwellings approved in this permission. REASON: In the interests of the visual amenities of the area and to safeguard existing retained trees, hedges and shrubs. [Relevant Plans and Policies: BFBLP EN20, CSDPD CS7]
07. The dwellings hereby permitted shall not be occupied until details of the construction of the internal access driveway (including materials) has been submitted
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to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented before the occupation of any of the dwellings approved in this permission. REASON: In the interests of the visual amenities of the area, highway safety and accessibility [Relevant Plans and Policies: BFBLP EN20, CSDPD CS7, CS23]
08. The dwellings hereby permitted shall not be occupied until the associated vehicle parking and turning space has been surfaced in accordance with the approved drawings. The spaces shall thereafter be kept available for parking and turning at all times. REASON: To ensure that the development is provided with adequate car parking to prevent the likelihood of on-street car parking which would be a danger to other road users. [Relevant Policies: BFBLP M9, CSDPD CS23]
09. The car ports hereby approved shall be retained for the use of the parking of motor vehicles at all times and, notwithstanding the provisions of Part 1 Classes A and E of Schedule 2 of the Town and Country (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting that Order with or without modification), no enlargements, improvements or alterations shall be made to the car port, and no gate or door shall be erected to the front of the car port. REASON: To ensure that the development is provided with adequate parking in the interests of highway safety. [Relevant Policies: BFBLP M9, CSDPD CS23]
10. The dwellings hereby permitted shall not be occupied until secure and covered cycle parking spaces have been provided in the locations identified for cycle parking on the approved plans within the development. The cycle parking facilities shall thereafter be retained. REASON: In the interests of accessibility of the development to cyclists. [Relevant Policies: BFBLP M9, CSDPD CS23]
11. Notwithstanding the provisions of Part 2 Class A of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting that Order with or without modification), any gates or barriers provided for vehicular access shall open away from the highway and be set back a distance of at least 7 metres from the edge of the carriageway of the adjoining highway. REASON: In the interests of highway safety. [Relevant Policies: CSDPD CS23]
12. The parking and turning areas and internal access driveway shall incorporate surface water drainage that is SuDS compliant and in accordance with DEFRA "Sustainable Drainage Systems - Non-statutory technical standards for sustainable drainage systems" (March 2015). It shall be operated and maintained as such thereafter. REASON: To prevent increased risk of flooding, to improve and protect water quality and ensure future maintenance of the surface water drainage scheme. [Relevant Policies: CSDPD CS1, BFBLP EN25]
13. All existing trees shown to be retained and protected in the document entitled “Arboricultural Impact Assessment Addendum” by Landarb Solutions received 13 August 2019 shall be protected by 2m high (minimum) welded mesh panels, supported by a metal scaffold framework, constructed in accordance with Section 6.2
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of British Standard 5837:2012, or any subsequent revision. The development shall be carried out in accordance with the approved document/drawings. REASON: In order to safeguard trees in the interests of the visual amenity of the area. [Relevant Policies: BFBLP EN1 and EN20, CSDPD CS7]
14. The protective fencing specified by condition 13 shall be erected 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. No activity of any description must occur at any time within these areas including but not restricted to the following: - a) No mixing of cement or any other materials. b) Storage or disposal of any soil, building materials, rubble, machinery, fuel, chemicals, liquids waste residues or materials/debris of any other description. c) Siting of any temporary structures of any description including site office/sales buildings, temporary car parking facilities, porta-loos, storage compounds or hard standing areas of any other description. d) Soil/turf stripping, raising/lowering of existing levels, excavation or alterations to the existing surfaces/ ground conditions of any other description. e) Installation/siting of any underground services, temporary or otherwise including; drainage, water, gas, electricity, telephone, television, external lighting or any associated ducting. f) Parking/use of tracked or wheeled machinery or vehicles of any description.
In addition to the protection measures specified above: a) No fires shall be lit within 20 metres of the trunks of any trees or the centre line of any hedgerow shown to be retained. b) No signs, cables, fixtures or fittings of any other description shall be attached to any part of any retained tree. REASON: In order to safeguard trees in the interests of the visual amenity of the area. [Relevant Policies: BFBLP EN1 and EN20, CSDPD CS7]
15. The precautionary measures detailed in the Ecological Impact Assessment by Grassroots Ecology received 13 August 2019 shall be undertaken in accordance with the approved mitigation measures and retained as such thereafter. REASON: To ensure that wildlife is not adversely affected by the proposed development. [Relevant Policies: BFBLP EN20 and EN25, CSDPD CS1 and CS7]
16. The dwellings hereby permitted shall not be occupied until details of biodiversity enhancements, to include at least 3 kestrel nest boxes, bat boxes or bricks, reptile habitats and native and wildlife friendly landscaping has been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved details and retained as such thereafter. REASON: To ensure that wildlife is not adversely affected by the proposed development. [Relevant Policies: BFBLP EN20 and EN25, CSDPD CS1 and CS7]
17. The dwellings hereby permitted shall not be occupied until a scheme has been submitted to and approved in writing by the Local Planning Authority for external site lighting and how this will not adversely impact upon wildlife. No external lighting shall be installed on the site or affixed to any buildings on the site except in accordance with the approved details. The external lighting report shall include the following: • A layout plan with beam orientation
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• A schedule of equipment • Measures to avoid glare • An isolux contour map showing light spillage to 1 lux both vertically and horizontally and areas identified as being of importance for commuting and foraging bats. The approved lighting details shall thereafter be implemented in accordance with the approved details and retained as such thereafter. REASON: To ensure that wildlife is not adversely affected by the proposed development. [Relevant Policies: BFBLP EN20 and EN25, CSDPD CS1 and CS7]
18. The internal floor layout of plots 1 -6 as shown on drawing no. PAD/DEC/001 received 13 August 2019 by the Local Planning Authority shall be laid out as approved and thereafter retained as such so that each dwelling comprises a maximum of 3 bedrooms at any time. REASON: To ensure adequate parking provision is provided and that no additional impact to the Thames Basin Health SPA occurs. [Relevant Policies: BFBLP EN3, M9, CSDPD CS14, CS23, SEP NRM6]
82. PS 19-00930-FUL Nuptown Piggeries, Hawthorn Lane, Warfield, Bracknell, Berkshire RG42 6HU Full planning application for the erection of 3x detached dwellinghouses including driveways and garages and landscaping following removal of 7 existing buildings and hardstanding at the site
The Committee noted:
The supplementary report of the Head of Planning tabled at the meeting. The comments of Warfield Parish Council, recommending refusal. A total of 16 letters of objection, as summarised in the Agenda papers. A total of 19 comments of support, as summarised in the Agenda papers. The further comments received through Councillor Virgo as detailed in the supplementary report.
The criteria for public speaking had been met in respect of this application and the Committee was addressed by John Andrews, objecting to the application and Nick Blair speaking in response.
RESOLVED that the application be APPROVED 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. REASON: To comply with Section 91 of the Town and Country Planning Act 1990.
02. The development hereby permitted shall be carried out only in accordance with the following approved plans received by the Local Planning Authority]: Location Plan: D1297-01 Site Location Plan: D1297-02p Rev. 4 Existing Site Layout Plan: D1297-12p Rev.5 Plot 1 Planning Proposals Floor Layout Plans: D1297-03 Rev.3 Plot 1 Panning Proposals Elevations: D1297-04p Plot 2 Planning Proposals Floor Layout Plans: D1297-05p Plot 2 Planning Proposals Elevations: D1297-06p
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Plot 3 Planning Proposals Floor Layout Plans: D1297-07p Plot 3 Planning Proposals Elevations: D1297-08p Typical Garage Details: D1297-09p Front Boundary Fence Details: D1297-14a Tree Protection Details (demolition): D1297-02p Rev.3 Tree Protection Details (construction): D1297-02p Rev. 3 GS Ecology Scheme to Mitigate the impact on Nesting birds during construction. Dated 24 January 2020 GS Ecology Ecological Assessment dated February 2020 GS Ecology Bio-diversity Enhancements Plan dated February 2020 Remediation and Verification Strategy by Santec dated 24 February 2020
REASON: To ensure that the development is carried out only as approved by the Local Planning Authority.
03. The dwellings hereby approved shall be constructed out of Vandersanden, Bromley and red multi stock bricks; Dark Antique Priory plain roof tile; oak wooden beams and white render. REASON: In the interests of the visual amenities of the area. [Relevant Policies: BFBLP EN20, Core Strategy DPD CS7]
04. No dwelling shall be occupied until details of the materials and height of walls, fences and any other means of enclosure 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 and retained as such. The approved scheme shall be implemented in full before the occupation of any of the dwellings approved in this permission. REASON: - In the interests of the visual amenities of the area and bio-diversity [Relevant Plans and Policies: BFBLP EN20, Core Strategy DPD CS1, CS7]
05. Prior to the practical completion of any dwelling, the Warfield byway 20 shall be returned to its former condition, of which the council hold record. REASON: To ensure that the byway remains in an acceptable state to be enjoyed by all users. [Relevant Policies: Core Strategy DPD Policy CS24]
06. No dwelling hereby approved shall be occupied until a scheme depicting hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include a 3 year post planting maintenance schedule.
All planting comprised in the soft landscaping works shall be carried out 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. 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 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
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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. REASON: In the interests of bio-diversity and visual amenity of the site [Relevant Plans and Policies: CSDPD CS1, CS7]
07. 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. REASON: In the interests of highway safety. [Relevant Policies: Core Strategy DPD CS23]
08. Prior to the first occupation, the parking and turning areas shown on plan D1297-02P Rev 4 shall be constructed in accordance with details submitted to and approved in writing by the local planning authority. The area will be retained for parking thereafter. REASON: To ensure adequate on-site parking is provided [Relevant Policy: BFBLP M9]
09. The garages shall be retained for the use of the parking of cycles at all times. REASON: To ensure that the Local Planning Authority's cycle parking standards are met. [Relevant Policy: BFBLP M9]
10. During construction the site shall be laid out and operated in accordance with the Site Organisation Plan dated 18.02.20. The approved scheme shall be performed, observed and complied with. No other areas on the site, other than those in the approved scheme shall be used for the purposes annotated. REASON: In the interests of amenity and road safety. [Relevant Policy: BFBLP M9]
11. The parking and turning areas shall incorporate surface water drainage that is SuDS compliant and in accordance with DEFRA "Sustainable Drainage Systems - Non-statutory technical standards for sustainable drainage systems" (March 2015). It shall be operated and maintained as such thereafter. REASON: To prevent increased risk of flooding, to improve and protect water quality and ensure future maintenance of the surface water drainage scheme.
12. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re- enacting that order with or without modification) no enlargement, addition, improvement or other alteration permitted by Classes A, B, C, E and F of Part 1 of the Second Schedule of the 2015 Order shall be carried out. REASONS: The site is located within the designated Green Belt where strict controls over the form, scale and nature of development apply and the site is affected by a Tree Preservation Order/contains trees which are a feature of the site where strict control over development is required by the policies of the development to ensure their protection. [Relevant Policies: BFBLP GB1, EN1, Core Strategy DPD CS9]
13. The areas shown for bat roost purposes on the approved plans shall thereafter be retained as such and shall not be used for any other purpose. REASONS: In the interest of nature conservation. [Relevant Policies: CSDPD CS1]
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14. All ecological measures and/or works shall be carried out in accordance with the details contained in GS Ecology Ecological Assessment dated February 2020 and GS Ecology Biodiversity Enhancements Plan dated February 2020 as already submitted with the planning application and agreed in principle with the local planning authority prior to determination. An ecological site inspection report shall be submitted, and agreed in writing by the Local Planning Authority, prior to occupation of any dwelling hereby approved. REASONS: In the interest of nature conservation. [Relevant Policies: CSDPD CS1]
15. No external lighting shall be installed on the site or affixed to any buildings on the site. REASONS: In the interest of Bio-diversity. [Relevant Policies: CSDPD CS1]
16. Should any trees, shrubs or hedgerows be removed during the main bird nesting period of 1st March to 31st August inclusive, the works shall be undertaken following the methodology contained within the GS Ecology ‘Scheme to minimize the impact on nesting birds during construction’ dated 24 January 2020. REASONS: In the interest of Bio-diversity. [Relevant Policies: CSDPD CS1]
17. A Site Completion Report shall be submitted to, and approved in writing by, the Local Planning Authority upon completion of the remediation/mitigation work in accordance with the agreed implementation timetables. The report shall include confirmation that all remediation measures have been carried out fully in accordance with the approved remediation scheme and detail the action taken and verification methodology used (including details of the sampling and analysis programme) at each stage of the remediation/mitigation works to confirm the adequacy of decontamination. The Site Completion Report must also include details of future monitoring and reporting if this is deemed necessary, or a statement to the effect that no future monitoring is required, with an explanation as to why future monitoring is not necessary. No dwelling shall be occupied until this report has been approved in writing by the Local Planning Authority. REASON: The proposed development is located on a potentially contaminated site, due to its historic land use. To ensure the development is suitable for its end use and the wider environment and does not create undue risks to occupiers of the site or surrounding areas. [Relevant Policies: BFBLP EN25]
83. PS 19-01031-FUL Land To Rear Of Eggleton Cottage and Poplar Cottage, Chavey Down Road, Winkfield Row, Bracknell, Berkshire RG42 7PN This item was deferred.
CHAIRMAN
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14 Agenda Annex
PLEASE NOTE PLANS FOR ALL OF THE APPLICATIONS ON THIS AGENDA CAN BE FOUND ON OUR WEBSITE www.bracknell-forest.gov.uk
PLANNING COMMITTEE 21st May 2020
REPORTS ON PLANNING APPLICATIONS RECEIVED (Head of Planning)
Case Reporting Officer Officer
5 19/00343/FUL Margaret McEvit Martin Bourne Moat Farm Winkfield Lane Winkfield (Winkfield And Cranbourne Ward) Erection of 12 dwellings with parking, access, and landscaping following demolition of existing buildings. Recommendation: Approve Subject To The Completion Of Planning Obligation(s).
6 20/00279/FUL Olivia Jones Basia Polnik 5 Mount Pleasant Sandy Lane Sandhurst (Little Sandhurst And Wellington Ward) Erection of single storey side and front extension plus alterations to detached garage flat roof. Recommendation: Approve.
7 19/00931/FUL Margaret McEvit Martin Bourne Winkfield Park Winkfield Row Bracknell (Winkfield And Cranbourne Ward) Demolition of Brockhill House and stable barn. and erection of replacement main house comprising 9 no. apartments. Recommendation: Approve.
8 20/00015/FUL Alys Tatum Basia Polnik Land To The Rear Of 147 Yorktown Road Sandhurst (Central Sandhurst Ward) Erection of two bed detached bungalow with access from Travis Lane. Recommendation: Approve Subject To The Completion Of Planning Obligation(s).
9 20/00126/FUL Sarah Horwood Basia Polnik Grantmoor 25 Stoney Road Bracknell (Priestwood And Garth Ward) Conversion of detached dwelling and garage to form 4 no. 1 bed apartments and 1 no. 1 bed
Planning Committee 15 21st May 2020
bungalow, external alterations with new windows and doors and parking Recommendation:
10 20/00172/FUL Paul Corbett Basia Polnik Royal Berkshire Polo Club North Street Winkfield (Winkfield And Cranbourne Ward) Section 73 application to vary condition 4 (time limit for works) of planning application 16/01284/FUL for levelling and extension to No. 6 Ground and creation of irrigation pond. (For clarification; this application is to extend the time limit for levelling the field and removing the haul road to 31 October 2020.) Recommendation:
Background Papers
Background papers comprise the relevant planning application file and any document therein with the exception of any document which would lead to disclosure of confidential or exempt information as defined in section 100A of the Local Government Act 1972 as amended.
Planning Committee 16 21st May 2020
PLANNING COMMITTEE - POLICY REFERENCES
Key to abbreviations used in the following planning reports.
BFBLP Bracknell Forest Borough Local Plan CSDPD Core Strategy Development Plan Document SALP Site Allocations Local Plan RMLP Replacement Minerals Local Plan WLP Waste Local Plan for Berkshire
SPG Supplementary Planning Guidance SPD Supplementary Planning Document
RSS Regional Spatial Strategy (also known as the SEP South East Plan)
NPPF National Planning Policy Framework (Published by DCLG) NPPG National Planning Policy Guidance (Published by DCLG) PPS (No.) Planning Policy Statement (Published by DCLG) MPG Minerals Planning Guidance DCLG Department for Communities and Local Government
SITE LOCATION PLAN
For information the plans are orientated so that north is always at the top of the page.
THE HUMAN RIGHTS ACT 1998
The Human Rights Act 1998 (“the HRA”) makes it unlawful for a public authority to act in a way that is incompatible with the rights set out in the European Convention of Human Rights.
Those rights include:-
Article 8 – “Everyone has the right to respect for his private and family life, his home.....”
Article 1 - First Protocol “Every natural or legal person is entitled to the peaceful enjoyment of his possessions”.
In some circumstances a local authority may be under an obligation to take positive action to protect an individuals interests under Article 8.
The relevant Convention Rights are not absolute. A Council may take action even though it interferes with private and family life, home and enjoyment of possessions, if it is for a legitimate purpose, necessary and proportionate. In effect a balancing exercise has to be conducted between the interests of the individual and the wider public interest.
Such a test very largely replicates the balancing exercise which the Council conducts under domestic planning legislation.
The provisions of the Human Rights Act 1998 have been taken into account in the preparation of the reports contained in this agenda.
The Human Rights Act will not be specifically referred to elsewhere [in the Agenda] beyond this general statement, unless there are exceptional circumstances which require a more
Planning Committee 17 21st May 2020
detailed consideration of any Convention Rights affected.
Planning Committee 18 21st May 2020
Agenda Item 7
TEM NO: 05 Application No. Ward: Date Registered: Target Decision Date: 19/00343/FUL Winkfield And 11 April 2019 11 July 2019 Cranbourne Site Address: Moat Farm Winkfield Lane Winkfield Windsor Berkshire SL4 4SR Proposal: Erection of 12 dwellings with parking, access, and landscaping following demolition of existing buildings. Applicant: Mr Richard Barter Agent: (There is no agent for this application) Case Officer: Margaret McEvit, 01344 352000 [email protected]
Site Location Plan (for identification purposes only, not to scale)
© Crown Copyright. All rights reserved. Bracknell Forest Borough Council 100019488 2004
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OFFICER REPORT
1. SUMMARY
1.1 The proposal is for the demolition of existing buildings on site and the erection of 12 dwellings with parking, access from Winkfield Lane and landscaping. The site currently contains two large barns and extensive areas of hardstanding currently occupied in connection with the use of the site as a B2 (industrial) use as a 4-wheel drive and car repair and service centre.
1.2 The site is located outside of a settlement area within the Green Belt and the proposed development would be carried out on previously developed land (PDL). The proposed dwellings will be sited on the footprint of the existing buildings and hardstanding on the site. The footprint and volume of the development would be reduced when compared to the existing buildings on site and while the height of buildings on the site would increase, the volume of floorspace and the scale of proposed buildings would be reduced. The distribution of development across the site will result in a less intensive form of development that will not have a greater impact on the openness of the Green Belt than existing development. The site is well screened by existing mature trees and landscaping and is set back from Winkfield Lane. The design and layout of the proposed development is considered to be appropriate to the rural location.
RECOMMENDATION Planning permission be granted subject to the completion of a S106 and subject to conditions in Section 11 of this report
2. REASON FOR REPORTING APPLICATION TO COMMITTEE
2.1 The application has been reported to the Planning Committee following the receipt of more than 5 objections.
3. PLANNING STATUS AND SITE DESCRIPTION
PLANNING STATUS Within Green Belt Maidens Green Local Wildlife Site (LWS) adjacent to site The existing access road crosses a Scheduled Ancient Monument, the medieval moated site at Winkfield Lane.
3.1 Moat Farm is a site within rural surroundings that is accessed from Winkfield Lane. It is currently operated as Nick Kerner 4 Wheel Drive, a commercial business specialising in the servicing and repairing of Land Rovers.
3.2 The property consists of two principal buildings sited around an area of hardstanding, with the remainder of the site being undeveloped meadow. The building to the south of the parking area consists of workshops and ancillary offices associated with the business. The hardstanding consists of various areas of parking for staff and customers as well as an area for the parking of 4x4s, horseboxes and trailers that are being serviced and repaired at the site. The hardstanding also provides areas for access to these spaces and the agricultural barn to the east. This barn was erected in approximately 2010 as an agricultural building and is used for the storage of a variety of agricultural vehicles. The site currently comprises two uses. Agricultural use of the barn and hardstanding for the storage of agricultural vehicles and B2 use of the
20 southern barn and hardstanding comprising vehicle servicing. The lawful use of the site is considered to be a mixed use as the planning unit is the site as defined by the red line in this application. In the case of Burdle v. Secretary of State for the Environment three tests were laid out for determining the planning unit as follows:
1. Where the occupier pursues a single main purpose to which secondary activities are incidental or ancillary, the whole unit of occupation should be considered to be the planning unit. 2. Where there are a variety of activities none of which are incidental or ancillary to another and which are not confined within separate and physically distinct areas of land, again the whole unit of occupation should normally be the planning unit. 3. Where within a single unit of occupation there are two or more physically separate and distinct areas occupied for substantially different and unrelated purposes, each area (together with its incidental and ancillary activities) should be a separate planning unit.
3.2 The site has one means of access and a variety of uses takes place within the site. The uses are not incidental or ancillary to one another and can therefore operate independently of each other. Parts of the site may be used by either of the uses on site depending on fluctuations in activity. The hardstanding area is used for the storage and parking of vehicles to be serviced but is also used at times for the parking of agricultural vehicles. The site is therefore considered to form one planning unit.
3.3 The property is heavily screened from the carriageway of Winkfield Lane by a linear row of large (unprotected) trees and other planting. The front of the site and the land on the opposite side of Winkfield Lane to the immediate east forms a Scheduled Monument known as the 'Moated site at Winkfield Lane'.
4. RELEVANT SITE HISTORY
624330 Retrospective application for the change of use of agricultural building to repair and maintenance of agricultural tractors and machinery and Landrovers. Retention of 2.4m high boundary fence. Approved (1998)
00/00369/FUL Continued use of land and building for repair and maintenance of agricultural tractors, machinery and Landrovers with ancillary parking. Approved (2000)
01/00491/FUL Section 73 application to allow the permanent use of land and buildings for the repair and maintenance of agricultural tractors, machinery and cars, without compliance with condition 08 of 00/00369/FUL. Approved (2001)
08/00685/FUL Use of buildings for the repair and maintenance of agricultural tractors, agricultural machinery, 4 wheel drives and cars together with provision of MOT testing centre and associated parking. Refused (2008)
15/00787/LDC Application for a certificate of lawfulness for the continued use of land and buildings with B2, B8 and A1 use. Refused (2016)
21 18/00063/FUL Change of use from barn to general industrial use (Class B2). Approved (2018)
5. THE PROPOSAL
5.1 This full application proposes the removal of existing buildings and areas of hardstanding and the erection of 12 dwellings.
5.2 The existing access to Winkfield Lane would be retained. The dwellings are shown as 4no detached houses and 2no terraces each containing 4 houses. Parking barns are provided to serve the terraces with garages provided for the detached houses. The houses in the terrace forming plots 1-4 are brick built with dropped eaves, dormer windows on the front elevations and tile hanging. Plots 5 and 6 include timber cladding and hipped roofs, with plot 7 partially timbered with brickwork. The terrace including plots 8-11 is a combination of brick built and a timber clad unit, with dormers on the front elevation and dropped eaves. Plot 12 is a brick-built detached two- storey dwelling with accommodation within the roof. A terrace is provided on the rear elevation at first floor level over the kitchen.
5.3 Parking barns and garages are shown as timber clad with tiled roofs.
5.4 As at present access to the site will be from Winkfield Lane, using the existing access point. Some changes are proposed to the access road to allow it to curve to the right approaching the dwellings.
5.5 The application has been amended in the course of its consideration primarily to alter the design and siting of the proposed houses.
6. REPRESENTATIONS RECEIVED
Parish Council:
6.1 Objects to the application on the following grounds:
- Maidens Green crossroads close to the site is a recognised dangerous highways situation. Future development should aim to ameliorate the dangers of this crossroad. - The nearest school is 2 miles from the site with no suitable pedestrian or public access arrangements. - No public transport serves the site. - There is currently no doctors’ surgery in Winkfield. - The development will place additional burden on an inadequate and overloaded sewerage and drainage system. - The traffic movements referred to in supporting documents are not considered to be accurate. Traffic movements of 150 per day would be expected. Currently the site produces 15-20 movements per day. - The business currently operating on the site plays an important economic role which is appropriate for the Green Belt location. - The site is adjacent to a wildlife heritage site so the proposal is contrary to policy EN9 of the BFBLP. - The proposals are contrary to Green Belt policy with no exceptional circumstances. The application is harmful to the character of the Maidens Green settlement.
Other representations:
6.2 A total of 42 letters of representation objecting to the application have been received from 28 addresses. One letter in support of the application has also been received from the current
22 occupier of the site stating that the current site is not appropriate for expansion of the use and he would like to relocate his business to more suitable premises in the area.
The representations raise the following planning considerations:
- Scale of development is inappropriate and is out of character and scale to the small settlement of Maidens Green. The development will increase the number of dwellings in Maidens Green by over 40% - Development will have an urbanising effect on the village. - Proposal is contrary to the emerging Winkfield Neighbourhood Plan. The Plan supports small, brownfield development sites within or adjacent to settlement boundaries. - Proposal is not sustainable. Maidens Green has no shops or public transport - Harm to local wildlife - Current use of the site provides a local amenity. The use of the site does not detract from the openness of the Green Belt. The loss of local amenities to housing will change the character of Maidens Green - Site is sensitive due to the presence of the ancient monument, The Moat - The site currently contains temporary buildings. The replacement with houses will change the character of the site. - Proposal is contrary to green Belt policy with no evidence of very special circumstances - Openness of the Green Belt is not related to the relative attractiveness of buildings on the site. The large barn like structures on the site are part of the Green Belt landscape. Replacing them with residential dwellings will have an urbanising effect. - Site will be visible, especially in winter and more intrusive in terms of light and noise pollution. - Proposed traffic movements are inaccurate. Due to the lack of local facilities and services movements will be significantly higher. Traffic movements will be increased all day rather than the set times of the current use of the site. - BF can demonstrate a 5 year supply of land for housing so housing development in the Green Belt is unjustifiable. - Drains in the area cannot accommodate the level of development - Winkfield Lane/Church Rd crossroad has been the subject of several accidents. Increased traffic from this site would increase highway dangers. - Site is a wildlife heritage site (Comment. The site is adjacent to the WHS but not included within it.) - Little demand in the area for housing - Current use of the site appears to have been an attempt to manipulate the planning system to permit a residential development of the site. - Inclusion of hardstanding within calculations of existing levels of development on the site is inappropriate as these areas are not visible from outside the site. - Remaining paddock areas should be made available for public use. - The area suffers from flooding and the site has no mains drainage. - Style of houses is inappropriate in this area. - Concerns over possible ground contamination requiring ground clearing and the impact on local ecology.
7. SUMMARY OF CONSULTATION RESPONSES
Highway Officer
Access
7.1 Access to the site is considered to be adequate to serve the development and to enable the site to be served by refuse vehicles. Improvements to footways can be secured through
23 conditions to reduce pedestrian conflict with vehicles and to enable pedestrians to cross Winkfield Lane to the footway on the eastern side.
7.2 Parking would be provided to meet Council parking standards with 32 spaces to serve the development. Cycle parking would be provided within driveways, courtyards, garages and car ports and would be secured through conditions.
7.3 The proposed development would not result in an increase in the number of trips to the site when compared to the existing B2 general industrial use of the site.
7.4 The highways officer has recommended approval of the application subject to conditions.
Historic England
7.5 Relatively few moated sites survive in Berkshire and the example on this site is of particular importance as it survives well and has a good range of features. The monument is now divided by Winkfield Road, and the western arm of the monument is defined by linear ponds along the line of the moat with a grown-out hedgerow external to, and growing within it.
7.6 The proposed development is of a scale and design that will have a slight, but acceptable detrimental effect on the setting of Scheduled Monument. However, the proposed tall close boarded fencing along the western edge of the monument will impact upon the setting of the monument and its landscape context, given that the moated site would have been designed to exist in an open landscape related to its high status, and linked to its function as the centre of a rural estate. Given its proximity to the boundary of the monument, there is also the potential for disturbance of in-situ archaeological deposits closely related to the monument.
7.7 Paragraph 194 of the National Planning Policy Framework states that any harm to, or loss of, the significance of a designated heritage asset (from its alteration or destruction, or from development within its setting), should require clear and convincing justification. Also, Paragraph 193 - in that great weight is given to the asset’s conservation.
7.8 The Historic England position therefore is that whilst the development itself is acceptable, the high close boarded wooden fence on the boundary of the monument (including the gate) would have both an unacceptable visual impact on the landscape setting of the monument, and potentially disturb associated archaeological deposits.
Conservation Officer
7.9 The Scheduled Ancient Monument (SM) is primarily located to the east of Winkfield Lane, with only a small section is located to the west of Winkfield Lane. Whilst the proposal includes part of the SM, there is an existing farm access road crossing the SM at this point and the main body of the development is outside the SM.
7.10 The existing buildings on the site do not contribute positively to the setting of the Scheduled Monument and demolition would not harm the setting of the SM.
SuDS Officer
7.11 During the course of the application an Addendum Flood Risk Assessment (FRA) and Drainage Strategy has been submitted. The site is considered to be at risk with regard to surface water flood risk but the Addendum FRA provides a comprehensive strategy for drainage for the site and is considered to be acceptable. No levels details have been provided for the realigned ditches on site, but given the space available there are not considered to be constraints to
24 delivering these ditches and a condition has been included requiring full details of the drainage system to be submitted before development takes place.
Environmental Health
7.12 No objection to the application subject to conditions relating to contamination investigation and mitigation. The application includes phase 1 and phase 2 reports in accordance with part 1 of this condition.
Berkshire Archaeology
7.13 The proposed development will have no direct physical impact on the Scheduled moat and the submitted archaeology assessment concludes that it will not harm the setting of the monument but has the potential to improve its setting by replacing the existing buildings.
7.14 Despite the previous development on the site, it retains an archaeological potential by virtue of its size (1.8ha) and the potentially shallow nature of previous impacts. On this basis further archaeological investigation can be secured by condition should the scheme be permitted. This is in accordance with Paragraph 141 of the NPPF which states that local planning authorities should ‘require developers to record and advance understanding of the significance of any heritage assets to be lost (wholly or in part) in a manner proportionate to their importance and the impact, and to make this evidence (and any archive generated) publicly accessible’
8. MAIN POLICIES AND OTHER DOCUMENTS RELEVANT TO THE DECISION
8.1 The primary strategic planning considerations applying to the site and the associated policies are:
Development Plan NPPF General CP1 of SALP, Limited (policy not used in planning policies application decision-making)
CS1 & CS2 of CSDPD Consistent Green Belt CS9 of CSDPD, GB1 of Consistent BFBLP, Housing H5 of BFBLP Partially out of date but weight can be attached where the policy aligns with the tests of policy GB1. Design CS7 of CSDPD, Saved policy Consistent EN20 of BFBLP Parking Saved policy M9 of BFBLP Consistent NPPF refers to LA’s setting their own parking standards for residential development, this policy is considered to be consistent. Trees & CSDPD Policies CS1 & CS7 Consistent (paras. 127 & 170) Landscaping BFBLP ‘Saved’ Policies EN1, EN2 & EN20
Heritage CSDPD Policies CS1 & CS7 Consistent (paras. 189 to 197)
Drainage CS1 of CSDPD Consistent (paras. 163 & 165)
Biodiversity CSDPD Policies CS1 & CS7 Consistent (paras. 170 & 175)
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BFBLP ‘Saved’ Policies EN1, EN2 & EN20
Noise and CSDPD Policy CS1 Consistent (paras. 118, 170, 178 & 180) Pollution (including Land BFBLP ‘Saved’ Policy EN25 Contamination)
Sustainability CSDPD Policies CS10 & 12 Consistent (para. 149) (Renewable Energy and Water Use) Archaeology NPPF (para. 189) Consistent (para. 189)
Open Space CSDPD Policy CS8 Consistent (paras. 92 & 97 of the NPPF) Provision
Securing CSDPD Policy CS6 Consistent (para. 54 to 56, 92 and 94) Necessary Infrastructure
Supplementary Planning Documents (SPD) Parking standards SPD Planning Obligations SPD (2015)
Other publications National Planning Policy Framework (NPPF) National Planning Policy Guidance (NPPG)
9. PLANNING CONSIDERATIONS
9. 1 The key issues for consideration are: i Impact on the Green Belt ii Impact on character and appearance of the area iii Impact on the scheduled ancient monument iv Impact on highway safety v impact on local ecology vi SuDS vii Contamination viii Air Quality Assessment ix Securing Necessary Infrastructure x Community Infrastructure Levy xi Sustainability i. Impact on the Green Belt
9.2 The site is located on land outside of a defined settlement and within the Green Belt, as shown on the Bracknell Forest Borough Policies Map (2013). Section 13 of the NPPF contains specific policies relating to development within the Green Belt. Paras. 143-144 set out that inappropriate development is, by definition, harmful to the Green Belt and that the construction of new buildings should, other than with certain exceptions set out in paragraph 145, be regarded as inappropriate in the Green Belt. One of the exceptions listed in paragraph 145 (g) is the
26 'partial or complete redevelopment of previously developed sites, whether redundant or in continuing use (excluding temporary buildings) which would not have a greater impact on the openness of the Green Belt than the existing development'.
9.3 Previously developed land (PDL) is defined in the Glossary at Annex 2 of the NPPF as “Land which is or was occupied by a permanent structure including the curtilage of the developed land (although it should not be assumed that the whole of the curtilage should be developed) and any associated fixed surface infrastructure. This excludes: land that is or was last occupied by agricultural or forestry buildings; ..”
9.4 Although the barn in the eastern part of the site is used for agricultural purposes, the planning unit as a whole is in a mixed B2/agricultural use. It has been established through appeal decisions that for land to be excluded from the definition of PDL the land should be solely in agricultural use. The application site is not exclusively in agricultural use, having an established B2 use on part of the site. The site is regarded as a single planning unit containing both agricultural and B2 uses that operate independently of each other. The uses are not considered to be ancillary to each other. The site is viewed as one unit to visitors to the site, sharing a vehicular access and sharing to some extent the hardstanding area which is used for the parking of both agricultural vehicles and vehicles being serviced on site by the established vehicle servicing business. Although one of the individual buildings on site was erected as an agricultural building, this is not sufficient for the site as a whole to be classed as being, or last occupied by, agricultural buildings.
9.5 In a previous appeal decision in Waverley Borough Council, (Wheeler Street Nurseries, Wheeler Lane, Witley, Godalming), outline planning permission was refused on a site within the Green Belt for the demolition of existing buildings on the site and the erection of up to 20 dwellings. The site included both agricultural and retail uses and planning permission was refused for four reasons including being considered to be inappropriate development in the Green Belt. In his decision, the inspector considered that the essential dispute between the main parties was whether the appeal site was being used lawfully for agriculture, or as a mixed use, or as a number of separate planning units. If the site was not being used solely for agriculture it was considered that the land would represent previously developed land. The inspector considered that the lawful use on the site comprised a mixed use as planning permission had been granted on the site for a retail use in addition to the agricultural use.
9.6 When considering this application, planning permission has been previously granted for B2 use of part of the site so it is considered that the lawful use of the site is a mixed use and can therefore be considered to be PDL as defined in the NPPF.
9.7 The BFBLP and CSDPD are both silent on the redevelopment of previously developed land within the Green Belt. Therefore this application should be assessed under the policies set out in section 13 of the NPPF and, in particular, paragraph 145.
9.8 Policy CS9 of the Core Strategy and 'Saved' Policy GB1 of the BFBLP set out a presumption against inappropriate development in the Green Belt. 'Saved' Policy GB1 sets out a list of uses that may be permissible in the Green Belt. New dwellings are not included as new buildings that may be permissible within the Green Belt. 'Saved' Policy GB1 also refers to a number of other detailed considerations, such as the scale, form, effect, character and siting. Policy CS9 is considered to be consistent with the NPPF in relation to Green Belt and so significant weight can be afforded to this policy.
9.9 'Saved' Policy H5 of the BFBLP states that outside the defined settlement boundaries the erection of new dwellings will not be permitted except where there is a need for it in connection with an accepted use associated with that location, and where it would cause no harm to the character of the area.
27 9.10 Para. 145 (g) of the NPPF includes as an exception to the construction of new buildings being considered to be inappropriate in the Green Belt, limited infilling or the partial or complete redevelopment of previously developed land whether redundant or in continued use if it would not have a greater impact on the openness of the Green Belt than the existing development.
Impact on openness
9.11 The proposed dwellings would be located on the footprint of the existing buildings and hardstanding on the site. The existing buildings are approximately 4.7m in height to eaves and 6.82m to ridge height and will be replaced by dwellings predominantly two storeys in height with plot 12 being a two and a half storey detached dwelling. The proposed dwellings will vary in height with plots 1-4 and 8-11 being 4.3m in height and the 4 detached houses 5.1 and 5.2m in height. Although this represents an increase in height, the proposed dwellings will be smaller in scale than the existing buildings on the site.
9.12 The footprint and volume of the proposed development would be reduced when compared to the existing buildings on site which would be demolished. The footprint of the existing buildings is 1191 sq.m with the proposed dwellings having a combined footprint of 954 sq.m - a reduction of 19.9%. The volume of development on the site would also be reduced, from 6,223 cubic metres to 6,197 cubic metres, representing a 0.4% reduction in volume. The area of hardstanding on the site would be reduced by 41.6%. The existing buildings are large and bulky but would be replaced by two terraces of houses and 4 detached houses. The distribution of buildings across the previously developed areas of the site in smaller scale buildings will not have a greater impact on the openness of the Green Belt than existing development on the site.
9.13 The smaller scale of the proposed houses when compared to the existing buildings will result in a less intensive form of development, scattered across the site. Proposed buildings would be screened to some extent by existing trees along the boundaries of the site and there are opportunities to increase soft landscaping within the site. This can be secured by condition. The site is set back from Winkfield Lane down its existing access road and is screened by mature trees along its boundaries. The proposed development would be contained within the existing previously developed area of the site and would result in a reduction of developed footprint and a slight reduction in volume. It is therefore considered that the proposal would not result in a greater impact on the openness of the Green Belt, in comparison to the existing situation and would be acceptable in terms of para. 145 of the NPPF.
Ii Impact on character and appearance of the area.
9.14 The site is visually and physically separated from the village of Maiden's Green, with fields to the immediate north and south and houses with livery businesses and associated buildings to the west. It will therefore have little impact on the character of the village. Fields adjacent to the site form part of the Maidens Green Local Wildlife Site (LWS).
9.15 The site falls within the Landscape Character Area C2 (Winkfield and Cranbourne Clay Farmland) of the Bracknell Forest Landscape Character Assessment. This assessment identifies that the presence of rural lanes bordered by trees and deciduous hedges are particularly valued. The proposal does not seek to alter the densely planted frontage of the site facing Winkfield Lane.
9.16 Buildings on the site are modern former agricultural, metal clad barns. Immediately behind the site to the west are residential properties and livery businesses with buildings related to the equestrian business sited along the western boundary of the site. Within Maidens Green residential properties are predominantly single and two storey residential properties constructed predominantly in red brick with some properties including render and timber details.
28 9.17 The application has been designed to reflect a large farmhouse (plot 12) with a cluster of subsidiary buildings around it to reflect the form of development that might be found in a rural settlement. The buildings include architectural features found in the area, being brick built with extensive use of timber detail. Roofs are mostly hipped with dropped eaves and dormer windows provided across the eaves. The layout provides for buildings to be erected around a central open area to give a courtyard feel to the development. The development will be viewed from Winkfield Lane down the access road and the layout will allow for limited views of the boundary landscaping between buildings.
9.18 Policy CS7 of the CSDPD requires high quality design for all development within Bracknell Forest with development building on local character and respecting local patterns of development. The proposed development is considered to build on the local rural character in terms of layout, scale and materials.
9.19 Policy EN20 of the BFBLP requires new development to be in sympathy with the appearance and character of the local environment and appropriate in scale, mass, design, materials, layout and siting both in itself and in relation to adjoining buildings, spaces and views.
29
9.20 Given its acceptability under para 145 of the NPPF, it is not considered that the proposal would adversely affect the character, appearance or function of the land (policy CS9 of the CSDPD refers) and would be acceptable in terms of scale, form, effect, character and siting as required by BFBLP policy GB1.
9.21 The application is considered to comply with policies CS7 and EN20. The application has been amended to provide a form of development that is appropriate in this rural area and considered to be in sympathy with the area in terms of scale, materials and layout. iii Impact on the scheduled ancient monument
9.22 The front part of the site along Winkfield lane includes part of the Moated Site; a Scheduled Monument. The majority of the Monument is on land separated by Winkfield Lane from the application site.
9.23 Moated sites are a class of medieval monument that are important for the understanding of the distribution of wealth and status in the countryside. Very few of the moated sites remain in Berkshire. The moated site on Winkfield Lane is of particular importance because it survives well and has a good range of features. The monument is now divided by Winkfield Road, and the western arm of the monument is defined by linear ponds along the line of the moat with a grown-out hedgerow external to and growing within it.
9.24 The proposed development has the potential to have a slight impact on the Scheduled Monument. However the view of both Historic England and the Council’s conservation consultant is that the potential for a slight detrimental impact on the setting of the Scheduled Monument is acceptable. The existing buildings on the site are not considered to contribute positively to the setting of the Scheduled Monument and their demolition would not harm its setting. The revised layout, with a less formal layout than shown in the original submission, would in part contribute to a creeping suburbanisation within the vicinity of the Scheduled Monument. However, it is considered that the demolition of the existing out of character large scale buildings on site would be an improvement.
9.25 Historic England is of the view that the development itself is acceptable but high close boarded wooden fencing along the boundary of the monument would have an unacceptable
30 visual impact on the landscape setting of the monument and could potentially disturb associated archaeological deposits. A condition is proposed requiring details of boundary treatments to be submitted for approval prior to occupation of the development. The boundary treatment scheme could include the removal of existing close-boarded fencing along the site frontage.
Iv Impact on Highway Safety
Access
9.26 This residential development would use the existing access to Moat Farm off Winkfield Lane, a local distributor road, which is subject to a 30mph speed limit. There are no parking restrictions.
9.27 The proposed development would use the existing access, and the applicant’s Transport Statement notes that visibility splays of 2.4m by 90m could be achieved. This exceeds the requirements for a 30mph speed limit road. Visibility splays would not require the loss of any trees/hedgerow along the site frontage, and the Highway Authority maintains a metre-wide verge along this ancient highway, which assists in protecting visibility splays.
9.28 This existing bell-mouth has circa 5m to 6m radii, leading into a 4.8m wide access road. This would enable two cars to pass at the access and provide suitable access for domestic delivery vehicles. This would provide adequate access for refuse vehicles off Winkfield Lane. The existing access is used by commercial vehicles for access to the existing vehicle repairs/servicing business.
9.29 There are currently no footways around the existing access but a footway return has been provided along one side of the access road to reduce pedestrian conflict. There is no footway on the western side of Winkfield Lane along the site frontage, and pedestrian dropped kerbs should be provided to enable pedestrians to cross to the continuous footway on the eastern side of Winkfield Lane to enhance pedestrian accessibility. The applicant will require an s278 agreement for highway access works.
9.30 Gates are proposed at the access, and these should be set back from the edge of the carriageway of Winkfield Lane a sufficient distance to allow a refuse vehicle to wait in the area. A planning condition is recommended to ensure gates at the access are set-back at least 10m from the edge of the carriageway of Winkfield Lane.
9.31 A 4.8m wide access road is to be provided for the first 30m into the site, and this would enable vehicles, and other road users to pass at low speed; and is in line with the Council’s Highways Guide for Development for this scale of development. A 4.8m wide shared surface is proposed thereafter, in line with the Council’s Highways Guide for Development and the road will curve slightly to the right approaching the proposed dwellings.
9.32 There are no schools, shops, doctor’s surgeries or local services within reasonable walking distance (up-to 2km is considered the maximum walking distance). The Oaktree Garden Centre and Stirrups Country House Hotel are within 800m of the site, providing some limited local facilities, which could be accessible on-foot. However, there is limited pedestrian provision to cross at the Maidens Green Crossroads, and the busyness of this junction is likely to further discourage walking. This junction is lit; though generally the area is unlit, which is not conducive to walking at night. The Winning Post (public house/restaurant) is nearby, and could be accessible via Winkfield Lane and Winkfield Street.
9.33 The site is within 400m of a bus route along Maidens Green. However, the 162 and 162a bus services (between Bracknell and Ascot) are limited, ranging from hourly services to gaps of an hour and a half, services are limited in the evenings, and there are no Sunday services. Nevertheless, provision for pedestrian facilities within the site layout, and at the access
31 with Winkfield Lane is required to maximise pedestrian accessibility to local facilities and bus services albeit limited. Cycling provides opportunities to reach further afield (up-to 5km is not an unreasonable distance for cycling).
9.34 The Highway Authority would not seek to adopt roads within this estate, as it is a gated cul-de-sac, which does not provide wider public access. Whilst roads could remain private, these should be suitably surfaced, drained, and lit, in line with the Council’s Highways Guide for Development. The access road and turning areas will need to be constructed to take the weight of a refuse vehicle, should incorporate SUDs, and have suitable levels.
Parking
9.35 32 parking spaces will be provided in line with the Council’s parking standards. The proposed parking includes driveways, courtyards, car ports and garages, and the layout provides spaces which would be accessible by a disabled user. Cycle parking could be accommodated within car ports and garages, or rear cycle stores; and details of cycle parking should be secured via planning condition.
9.36 The scheme does not include dedicated visitor parking however, the site layout provides spaces for occasional short-stay visitor parking, and some properties have long driveways, which could accommodate visitor parking.
Trips
9.37 Twelve dwellings are likely to generate 72 two-way trips per day, including 6 or 7 movements in each peak period. However, a B2 general industrial use of the current site area could generate in the region of 90 movements per day. This is based on TRICs data, which is an accepted approached, rather than a survey of the actual traffic generated by the existing vehicle repairs/servicing. Thus, the proposed development would result in a reduction in trips across the day from those that could occur under the existing lawful use.
9.38 Some local comments consider the residential trips to be under-estimated, and the higher end trip rates for large residential dwellings could give to 86 two-way trips per day, including 8 or 9 movements in each peak period. This would be similar to the 90 trips, which could be generated by 1,056m2 of a B2 general industrial use, or vehicle repairs/servicing uses.
9.39 There are highway safety issues at the nearby Maidens Green Crossroads, and the Highway Authority has introduced some safety improvements, including signs and markings in recent years. The proposed development would result in a reduction in the number of trips across the day, when compared with existing permitted uses. This junction is on the CIL Regulation 123 List and CIL monies could be made available to improve the junction.
9.40 In terms of the access to the site, parking and trip generation levels the proposed development is considered to be acceptable and to comply with policy M9 of the BFBLP.
v Impact on local ecology
9.41 The site is immediately adjacent to the Maidens Green Local Wildlife Site (LWS). The ecological report submitted with the application confirms that the LWS will not be used as open space. The survey had also indicated that the construction compound could be located within the LWS. This would not be acceptable and a condition has been included requiring site management details to be approved prior to any works commencing on site.
9.42 There is potential for harmful impacts on Great Crested Newts (a European protected species) through the development of the site, improvements to drainage and realignment of the
32 access road as explained above. A Great Crested Newt Survey has been submitted which provides a population assessment to form the basis of an avoidance and mitigation strategy.
9.43 The submitted ecological report indicates that the landowner will not be enhancing the LWS to compensate for this development. However, it does indicate the site owner would be open to receiving biodiversity offsets now known as Biodiversity Credits within emerging Net Gain publications. The Council will seek to identify this site as a beneficiary subject to a landowner’s agreement.
9.44 The report does suggest that a range of biodiversity enhancements can be delivered within the development area such as bird and bat boxes. A condition has been included to secure these measures. vi SuDS
9.45 The site is located in Flood Zone 1 but has areas shown to be at risk of surface water flooding across the site and extensive areas of significant surface water flood risk at the northern boundary. A Drainage Strategy has been submitted to support the Application. Paragraph 163 of the NPPF Footnote 50 States "A site specific flood risk assessment should be provided for all development in Flood Zones 2 and 3. In Flood Zone 1, an assessment should accompany all proposals involving: sites of 1 hectare or more; land which has been identified by the Environment Agency as having critical drainage problems; land identified in a strategic flood risk assessment as being at increased flood risk in future; or land that may be subject to other sources of flooding, where its development would introduce a more vulnerable use".
9.46 Following initial comments from the LLFA an Addendum Flood Risk Assessment and Drainage Strategy has been submitted. This revised scheme addresses concerns raised by the LLFA and provides a comprehensive strategy.
9.47 There are no levels details for the proposed realigned ditches but given the space available it is not considered that there will be constraints delivering these ditches and a condition has been included requiring details to be submitted before works start on site.
9.48 It is likely that there will be some reduction in storage once services and sewers are considered but the approach that the applicant has taken is conservative and, as such, details of the design can be covered by condition.
Vii Contamination
9.49 A Phase I (Desk Study) and Phase II (Ground Investigation) Geo-Environmental Risk Assessment (GERA) has been prepared as part of this application to assess areas of potential contamination of the site that may have implications for the provision of residential development on the site.
9.50 The report concludes that the overall environmental risk classification of the site is moderate due to the presence of metals and Poly-Cyclic Aromatic Hydrocarbons (PAH) and hazardous ground gases. The report proposes works to reduce contamination levels by the removal of asbestos and preparation of a remediation method statement. The Council’s environmental health officer has been consulted and has no objection to the application subject to the inclusion of conditions to ensure that an approved method of remediation is approved before works take place.
Viii Air Quality Assessment
9.51 The site is beyond 5km of the Thames Basin Heaths SPA so the proposal is not considered to have an adverse effect on the SPA. There are no issues of air quality requiring the carrying out of an air quality assessment.
33 ix Securing Necessary Infrastructure
9.52 The following matters would be secured by means of a Section 106 Legal Agreement:
-A contribution will be sought towards active open space of public value to increase capacity at Warfield Memorial Ground.
-Maintenance of the SUDS features
-A S278 to be entered into to secure works to provide pedestrian access and dropped kerbs at the site entrance. x Community Infrastructure Levy (CIL)
9.53 Bracknell Forest Council introduced charging for its Community Infrastructure Levy (CIL) on 6th April 2015. CIL is applied as a charge on each square metre of new development. The amount payable varies depending on the location of the development within the borough and the type of development.
9.54 CIL applies to any new build (except outline applications and some reserved matters applications that leave some reserved matters still to be submitted), including extensions of 100 square metres of gross internal floor space, or more, or new build that involves the creation of additional dwellings. This application is CIL liable. xi Sustainability Implications
9.55 CSDPD Policy CS10 requires the submission of a Sustainability Statement covering water efficiency aimed at achieving an average water use in new dwellings of 110 litres/person/day. Policy CS12 requires the submission of an Energy Demand Assessment demonstrating how 10% of the development's energy requirements will be met from on-site renewable energy generation.
10. CONCLUSIONS
10.1 The site is located within the Green Belt and represents development on previously developed land (PDL). Para. 145 (g) of the NPPF states that within the Green Belt the complete redevelopment of previously developed land is not inappropriate development (by definition, harmful to the Green Belt) if it does not have a greater impact on the openness of the Green Belt than the existing development. It is not considered that the proposed development would have a greater impact on the openness of the Green Belt than the existing development on site. The footprint and volume of the proposed development would be reduced when compared to the existing buildings on site and although there would be an increase in the height of buildings on site, the design of the proposed houses, would result in a less bulky form of development on the site. Development will be sited on the footprint of existing buildings and hardstanding on the site.
10.2 The development has been designed to reflect a large farmhouse with a cluster of buildings around it. This form of development reflects the form of a development found in rural areas and is considered to be appropriate for this site.
10.3 The front section of the site adjacent to Winkfield Lane includes part of a scheduled monument, the Moated Site on Winkfield Lane. Both Historic England and the Council’s Conservation Consultant consider that, with appropriate conditions, the proposed development would not harm the setting of the scheduled monument.
34 10.4 The application is considered to be acceptable in terms of using an existing access, providing sufficient parking to meet adopted Car Parking Standards and producing a reduction in trip levels when compared with the use of the site for B2 general industrial purposes. It is recognised that the site is not sustainably located but a relatively modest number of dwellings are proposed and this is not considered to be a matter which, alone, justifies the refusal of the application.
10.5 The site is immediately adjacent to a LWS but development will not extend into this area. The development has the potential to impact on Great Crested Newts (GCNs) which may be present in ponds in the vicinity of the site that may be affected by changes to drainage of the site. A mitigation plan has been prepared within the submitted GCN survey to protect this species during construction and in the longer term. Phase 1 and 2 Geo-Environmental Risk Assessments (GERA) have been submitted with the application. These confirm that, subject to remediation measures, the site is suitable for residential development in terms of potential for contamination.
10.6 Finally, although the Council can currently demonstrate a five supply of housing land, some weight – tempered by the relatively modest number of dwellings proposed – should be given to the benefit of the housing proposed.
10.7 Taking all these matters into consideration the application is recommended for conditional approval on completion of a s106 agreement to secure a contribution towards active open space, SuDS maintenance and an appropriate highway agreement.
11. RECOMMENDATION
Following the completion of planning obligation(s) under Section 106 of the Town and Country Planning Act 1990 relating to:-
-A contribution towards active open space of public value
-Maintenance of the SUDS features
-A S278 agreement to secure works to provide pedestrian access and dropped kerbs at the site entrance.
That the Head of Planning be authorised to APPROVE the application subject to the following condition(s):-
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 and other submitted details received by the Local Planning Authority on 29.11.2019, 17.02.2020, 14.01.2019, 31.08.2019,
LP Rev B C001 Rev E
010 RevA 011 RevA 012 RevC
35 013 RevA 014 RevA 015 RevB 016 RevB 017 RevA 021 Rev B MIG22028-03 REASON: To ensure that the development is carried out only as approved by the local Planning Authority.
3 No development above slab level shall take place until samples of the materials to include bricks, roof tiles and timbers, 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, Core Strategy DPD CS7]
4 No development shall commence 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. REASON: In the interests of the character of the area. [Relevant Policies: SEP CC6, BFBLP EN20, Core Strategy DPD CS7]
5 No dwelling shall be occupied until a means of vehicular access has been constructed in accordance with the approved site plan. REASON: In the interests of highway safety. [Relevant Policies: Core Strategy DPD CS23]
6 No dwelling shall 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. REASON: In the interests of highway safety. [Relevant Policies: Core Strategy DPD CS23]
7 No dwelling shall be occupied until the associated vehicle parking and turning space has been surfaced and marked out in accordance with the approved drawing. The spaces shall thereafter be kept available for parking at all times. REASON: To ensure that the development is provided with adequate car parking to prevent the likelihood of on-street car parking which would be a danger to other road users. [Relevant Policies: BFBLP M9, Core Strategy DPD CS23]
8 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. REASON: To ensure that the Local Planning Authority’s vehicle parking standards are met. [Relevant Policy: BFBLP M9]
9 The car ports hereby approved shall be retained for the use of the parking of vehicles at all times and, notwithstanding the provisions of the Town and Country (general Permitted Development) Order 1995 (or any order revoking or re-enacting that Order with or without modification), no
36 enlargements, improvements or alterations shall be made to the car port, and no gate or door shall be erected to the front of the car port. REASON: To ensure that the development is provided with adequate parking to prevent the likelihood of on-street parking which could be a danger to other road users. [Relevant Policy: BFBLP M9]
10 No dwelling shall be occupied until a scheme has been submitted to and approved in writing by the Local Planning Authority for covered and secure cycle parking facilities. No dwelling shall be occupied until the approved scheme has been implemented. The facilities save as otherwise agreed in writing by the Local Planning Authority shall be retained. REASON: In the interests of accessibility of the development to cyclists. [Relevant Policies: BFBLP M9, Core Strategy DPD CS23]
11 Any gates provided shall open away from the highway and be set back a distance of at least 10 metres from the edge of the Winkfield Lane carriageway.REASON: In the interests of highway safety. [Relevant Policies: Core Strategy DPD CS23] No dwelling shall be occupied untila scheme has been submitted to and approved in writing by the Local Planning Authority for off site highway works and pedestrian improvements at the access to the site with Winkfield Lane. The dwellings provided by the carrying out of the development shall not be occupied until the off site highway works have been completed in accordance with the scheme. REASON: In the interests of highway safety. [Relevant Policy: BFBLP M4]
13 No dwelling shall be occupied until a pedestrian crossing point has been provided across Winkfield Lane close to the site access incorporating dropped kerbs and tactile paving. REASON: In the interests of highway safety and pedestrian amenity. [Relevant Policy: Core Strategy CS23, CS34; NPPF paragraphs 110 a) to c)]
14 No dwelling shall be occupied untildetails of the design, operation and ongoing maintenance regime for electric vehicle charging infrastructure with a minimum output of 7kW have been provided for the three proposed visitors parking spaces shown on the approved Site Plan shall be submitted to and approved in writing by the Local Planning Authority. The electric vehicle charging infrastructure shall be provided for the three visitor parking spaces and maintained in working order thereafter. REASON: In the interests of sustainable transport. [Relevant Policy: NPPF paragraph 110 e); Parking Standards SPD paragraph 3.8 part 1 (established through NPPF paragraph 105 e)].
15 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. REASON: In the interests of amenity and road safety.
16 No dwelling shall be occupied until a comprehensive scheme providing details of both hard and soft landscaping works has 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
37 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) Details of semi mature tree planting. c) Comprehensive 5 year post planting maintenance schedule. d) Underground service and external lighting layout (drainage, power, communications cables, pipelines etc. indicating lines, manholes etc.), both existing reused and proposed new routes. e) Means of enclosure (walls and fences etc) f) Paving including pedestrian open spaces, paths, patios, proposed materials and construction methods, cycle routes, parking courts, play areas etc. 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 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 approved, unless the Local Planning Authority gives written consent to any variation. REASON: In the interests of good landscape design and the visual amenity of the area. [Relevant Policies: BFBLP EN2 and EN20, CSDPD CS7]
17 No development shall commence until an investigation and risk assessment, in addition to any assessment provided with the planning application, has been completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:
(i) a survey of the extent, scale and nature of contamination;
(ii) an assessment of the potential risks to:
• human health,
• property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,
• adjoining land,
• groundwaters and surface waters,
• ecological systems,
• archaeological sites and ancient monuments;
(iii) an appraisal of remedial options, and proposal of the preferred option(s).
This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.
38 Reason To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. In the interests of the amenities of the area. [Relevant Policies: BFBLP EN25]
18 No development shall commence until a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment has been prepared and approved in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. In the interests of the amenities of the area. [Relevant Policies: BFBLP EN25]
19 The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority. REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. In the interests of the amenities of the area. [Relevant Policies: BFBLP EN25]
20 In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 17, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 16 which is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 19. REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. In the interests of the amenities of the area. [Relevant Policies: BFBLP EN25]
21 No dwelling shall be occupied until a monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation over a period of time has been submitted to and approved in writing by the Local Planning Authority. Following completion of the measures identified in that scheme and when the remediation objectives have been achieved, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be produced, and submitted to the Local Planning Authority.
39 This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’. REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. In the interests of the amenities of the area. [Relevant Policies: BFBLP EN25]
22 No work relating to the development hereby approved, including works of demolition or preparation prior to building operations, shall take place other than between the hours of 08:00 and 18:00 Monday to Friday and 08:00 to 13:00 Saturdays and at no time on Sundays or Bank or National Holidays. REASON: To protect the occupiers of neighbouring properties from noise and disturbance outside the permitted hours during the construction period. [Relevant Policies: BFBLP EN25]
23 The development hereby permitted shall be carried out in accordance with the mitigation measures specified in: AAe GCN Mitigation Plan January 2020, which shall thereafter be retained in accordance with the approved details. An ecological site inspection report shall be submitted for approval within three months of the first occupation of any dwelling hereby approved and after five years of the first occupation. REASON: In the interests of nature conservation [Relevant Plans and Policies: BFBLP EN3, CSDPD CS1 and CS7]
24 If more than 2 years elapse between the previous protected species surveys and the due commencement date of works, an updated protected species survey shall be carried out by a suitably qualified ecologist. 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. [Relevant Plans and Policies: BFBLP EN3, CSDPD CS1 and CS7]
25 No development shall commence until the applicant have implemented a programme of archaeological field evaluation in accordance with a written scheme of investigation, which has been submitted by the applicant and approved in writing by the Local Planning Authority. The results of the evaluation will inform the preparation of a mitigation strategy which will be submitted by the applicant and approved in writing by the Local Planning Authority prior to the commencement of the development. The mitigation strategy shall be implemented in accordance with the approved details.
26 No development shall commence until an Energy Demand Assessment has been submitted to and approved in writing by the Local Planning Authority. This Assessment shall demonstrate how (a) the development in that relevant Phase will reduce carbon dioxide emissions by at least 10% and detail what specific measures will be carried out to ensure this, and (b) where relevant will outline, what proportion of the buildings energy requirements will be provided from onsite renewable energy production (which proportion shall be 20% unless otherwise agreed in writing by the Local Planning Authority). The buildings shall be constructed in accordance with the approved Energy Demand Assessment and retained in accordance therewith, unless the Local Planning Authority gives prior written consent to any variation. REASON: In the interests of the sustainability and the efficient use of resources. [Relevant Plans and Policies: CSDPD CS12]
27. No development shall commence until a Sustainability Statement covering water efficiency aimed at achieving an average water use in new dwellings of 110 litres/person/day, has been
40 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: Core Strategy DPD CS10]
28. 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 enlargement, addition, improvement or other alteration permitted by Classes A, B, C and E of Part 1 of the Second Schedule of the 1995 Order shall be carried out.
The site is located within the designated Green Belt where strict controls over the form, scale and nature of development apply. [Relevant Policies: BFBLP GB1, Core Strategy DPD CS9]
Informatives:
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. The proposal has been assessed against all relevant material considerations, including planning policies and any representations that may have been received. 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. No details are required to be submitted in relation to the following conditions; however they are required to be complied with:
1. Commencement 2. Approved Plans 8. Retention of garages 9. Retention of car ports 11. Entrance gates 19. Approved remediation scheme 20. Contamination 22. Working hours 23. Protected species mitigation measures 24. Protected species surveys 28 Restriction on permitted development
03 Details will be required in respect of the following conditions before the commencement of development:
4. Finished floor levels 15. Site management 17. Contamination investigation and risk assessment 18. Contamination remediation scheme 24 Archaeological field evaluation 26 Energy Demand Assessment 27 Sustainability 04 Details will be required in respect of the following conditions before the commencement of above slab level works:
3. Materials
41 05 Details will be required in respect of the following conditions before the occupation of dwellings:
5. Vehicular access 6. Visibility splays 7. Parking and turning spaces 10. Covered and secure cycle parking facilities 12. Off site highway works 13. Pedestrian crossing point 14. Electric vehicle charging infrastructure 16. Hard and soft landscaping 21. Contamination monitoring and maintenance scheme
Should the applicant fail to complete the required S106 agreement by 31st July 2020 the Head of Planning be authorised to REFUSE the application for the following reasons: -
1. The proposed development would unacceptably increase the pressure on open space of public value. In the absence of a planning obligation in terms that are satisfactory to the Local Planning Authority, and which secures the on-site provision of open space of public value, the proposal is contrary to Policies R4 of the Bracknell Forest Borough Local Plan, Policy CS8 of the Core Strategy Development Plan Document and the Planning Obligations Supplementary Planning Document (adopted February 2015), and the NPPF.
2. 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.
Doc. Ref: Uniform 7/DC/Agenda
The application file to which this report relates can be viewed on-line at the Council's Time Square office during office hours or online at www.bracknell-forest.gov.uk
42 Agenda Item 8
ITEM NO: 06 Application No. Ward: Date Registered: Target Decision Date: 20/00279/FUL Little Sandhurst And 14 April 2020 9 June 2020 Wellington Site Address: 5 Mount Pleasant Sandy Lane Sandhurst Berkshire GU47 8NN Proposal: Erection of single storey side and front extension plus alterations to detached garage flat roof. Applicant: Mr & Mrs Bowles Agent: Mr Johan Truter Case Officer: Olivia Jones, 01344 352000 [email protected]
Site Location Plan (for identification purposes only, not to scale)
© Crown Copyright. All rights reserved. Bracknell Forest Borough Council 100019488 2004
43 1. SUMMARY
1.1 Full planning permission is sought for the erection of a single storey front and side extension, and alterations to the roof of the garage. The proposal is part retrospective.
1.2 The site is located within the settlement boundary and the principle of development is acceptable. The impact of the development on the character and appearance of the area and residential amenity is considered acceptable.
RECOMMENDATION Planning permission be granted subject to conditions in Section 11 of this report
2. REASON FOR REPORTING TO PLANNING COMMITTEE
2.1 The application has been reported to the Planning Committee following the receipt of more than 5 objections.
3. PLANNING STATUS AND SITE DESCRIPTION
PLANNING STATUS Within settlement boundary Within Character Area
3.1 5 Mount Pleasant is a semi-detached two storey property located to the west of the highway. The property is attached to 4 Mount Pleasant to the north, with 6 Mount Pleasant located to the south. The rear garden of the application site has a considerable downward slope.
4. RELEVANT SITE HISTORY
4.1 The relevant planning history for the site can be summarised as follows:
603731 Demolition of existing houses and erection of pair semi-detached three bedroomed houses and garages.(outline) Approved 17.10.1978
604319 Application for demolition of existing cottages and erection of pair of semi- detached four bedroomed houses with garages. Approved 24.07.1979
04/00428/FUL Erection of single storey side and rear extension, following demolition of existing garage and construction of raised patio. Refused 25.06.2004
04/00920/FUL Erection of single storey rear extension following demolition of part of garage and installation of new window to side of house. Approved 15.09.2004
18/00807/FUL
44 Erection of a single storey front, side and rear extension and utility box following demolition of existing garage. Approved 05.10.2018
4.2 There are no conditions restricting permitted development rights on any of the above planning permissions.
5. THE PROPOSAL
5.1 The proposed side and front extension would project past the front elevation by approximately 0.85 metres and past the side elevation by approximately 3.1 metres. Measured from the ground’s highest point, the proposed extension would have a ridge height of approximately 4.3 metres and an eaves height of approximately 2.5 metres.
5.2 The proposed replacement roof on the outbuilding would result in a building with a maximum height of approximately 3.1 metres measured from the ground’s highest point.
5.3 It is proposed to use white render on front, rear and north side elevations of the outbuilding, and on the rear and side elevation of the extension.
5.4 The works are part retrospective as works have commenced. The current application is a revision to that already approved under planning application 18/00807/FUL which was for
45 the erection of a single storey front, side and rear extension and utility box following demolition of existing garage.
6. REPRESENTATIONS RECEIVED
Sandhurst Town Council 6.1 No objection received
Other Representations 6.2 Letters of objection from 8 properties were received, raising the following concerns: (i) Overbearing impacts (ii) Out of keeping (iii) Loss of light to neighbouring property (iv) Unneighbourly development (v) Inaccurate plans submitted [Officer Note: Sufficient information has been provided to make a planning decision on this application] (vi) Extension does not comply with Design SPD (vii) Extension would result in terracing effect (viii) Extension has been built up to boundary with 6 Mount Pleasant (ix) Reference is not made on the plans to the habitable rooms impacted by the extension (x) Works have commenced (xi) Similar scheme to withdrawn application 20/00279/FUL [Officer Note: The application was re-submitted as the proposal did not comply with the requirements of a Section 73 application]
6.3 Letters of support from 5 properties have been received.
7. SUMMRY OF CONSULTATION RESPONSES
7.1 No statutory or non-statutory consultations have been undertaken.
8. MAIN POLICIES AND OTHER DOCUMENTS RELEVANT TO THE DECISION
8.1 The primary strategic planning considerations applying to the site and associated policies are:
Development Plan NPPF General policies CS1 and CS2 of the CSDPD Consistent CP1 of the SALP Design CS7 of the CSDPD, Consistent Character EN20 of the BFBLP Consistent Amenity ‘Saved’ policy EN20 of the Consistent BFBLP Highways ‘Saved’ policy M9 of the BFBLP Consistent - Para. 105 refers to CS23 of the CSDPD LPAs setting their own parking standards for residential development Supplementary Planning Documents (SPD) Design Supplementary Planning Document 2016 Character Area Assessments Supplementary Planning Document 2010 Other publications National Planning Policy Framework 2019 (NPPF) Building Research Establishment: Site Layout Planning for Daylight and Sunlight: a
46 Guide to Good Practice 2011 (BRE SLPDS)
9. PLANNING CONSIDERATIONS
9.1 The key issues for consideration are: i. Principle of Development ii. Impact on Character and Appearance of Surrounding Area iii. Impact on Residential Amenity
i. Principle of Development
9.2 The application site is located within a defined settlement as designated by the Bracknell Forest Borough Polices Map. Due to its location and nature, the proposal is considered to be acceptable in principle and in accordance with SALP Policy CP1, CSDPD Policies CS1 (Sustainable Development), CS2 (Locational Principles) and the NPPF subject to no adverse impacts upon character and appearance of surrounding area, residential amenities of neighbouring properties, etc. These matters are assessed below.
ii. Impact on Character and Appearance of Surrounding Area
9.3 The Design SPD sets out that extensions should respond to the scale, proportions and design of the host dwelling. Extensions should appear subservient to the main dwelling and should be constructed of complementary materials and in a complementary design.
9.4 The front extension would have a modest projection of approximately 0.85m from the front elevation. In addition, its single storey nature would ensure it appears proportionate in relation to the host dwelling. The roof would pitch at a similar angle to the host dwelling and would be constructed of materials similar to those found on the host dwelling. It is therefore considered that the proposed front extension would be a complementary addition to the host dwelling and would not appear prominent or out of keeping within the area.
9.5 Concern was raised that as a result of the front extension the store would project forward of the front elevation contrary to the Design SPD. It is acknowledged that the Design SPD recommends that new garages and outbuildings do not project forward of the front elevation, however given that no new garage is proposed, and the modest projection of the front elevation, it is not considered that the proposed front extension is contrary to the spirit of the Design SPD and does not warrant refusal on these grounds.
9.6 The proposed side extension would be single storey in nature. While it is acknowledged that the ridge height is tall, it remains significantly shorter than the main height of the dwelling. In addition the proposed roof would be hipped on all 3 sides reducing its bulk. The materials would be similar to those found on the existing dwelling ensuring a complementary appearance. Given the roof is subservient and hips away from the front elevation, and the choice of materials, it is not considered that the proposed side extension would appear significantly prominent in the streetscene and would not result in a design that would warrant refusal.
9.7 Furthermore, the proposed extension would not be taller than the ridge height of 6 Mount Pleasant. As such, it is not considered that the proposed extension would appear dominant when sited next to 6 Mount Pleasant. The hipped roof of the extension would reduce the dominant effect of the extension further when viewed in the context of the streetscene.
9.8 Concern has been raised that the extension results in a terracing effect between 5 and 6 Mount Pleasant. Given the remaining separation distance of 1.34 metres between the properties, and the roof that hips away from 6 Mount Pleasant, it is not considered that the
47 proposal would result in the two properties appearing to be attached and would not result in a terraced appearance that warrants refusal.
9.9 Concern has also been raised that the proposal is contrary to the Design SPD as a 1 metre access to the rear garden has been removed. The reason for this requirement is to allow a reasonable living environment for the property by enabling access for the storage of bins and bikes, and easy access to the garden. The garage/store to the front of the dwelling would enable the storage of bins and bikes, and access to the garden would be through the property. While it is regrettable that an external access to the garden would be lost, it is not considered that this loss would result in a sufficient impact on the current and future occupiers of 5 Mount Pleasant to warrant refusal.
9.10 The application site is located within Area A of the Sandhurst Character Area. This character area is distinguished by its informal plot pattern, boundary treatments and landscaping rather than the design of the houses. Nevertheless, the material palette has been established as predominantly red brick and white render. As the proposed extensions would maintain this material palette it is considered the development would be in accordance with the Character Area Assessments SPD.
9.11 The proposed replacement roof on the outbuilding would be screened from public view by the side extension. It therefore would not have an impact on the character of the area. Nevertheless, the outbuilding would remain single storey and would therefore not be a disproportionate building within the curtilage of the dwellinghouse. The materials would be similar to those on the existing dwelling, ensuring the outbuilding remains a cohesive addition to the plot.
iii. Impact on Residential Amenity
Overlooking Considerations
9.12 The proposed front and side extension would be single storey. The Design SPD has no recommended separation distances for single storey extensions, and it is considered that a single storey extension would not enable a significant increased opportunity for overlooking compared to what could be achieved by standing at ground level. As such, it is not considered that the proposed front and side extension would result in an adverse overlooking impact to neighbouring properties.
Overbearing Considerations
9.13 Concern has been raised that the side extension has an unduly overbearing impact on the occupants of 6 Mount Pleasant. The Design SPD specifies that new developments should not result in an overbearing impact on neighbouring properties but does not specify how this should be assessed. The example provided in the Design SPD shows a 2-storey side extension, additionally the Design SPD states that additional separation distances may be necessary “as storeys rise” to mitigate against overbearing. It can be determined therefore that generally a single storey extension is less likely to result in a significant overbearing impact on neighbouring properties compared to an extension of 2 or more storeys.
9.14 Nevertheless, the overbearing impact on the neighbouring occupiers should be considered. The proposed extension would be built on the boundary with 6 Mount Pleasant. The Design SPD recommends that extensions are set back from the boundary to avoid dramatic changes in scale in relation to the neighbouring garden. The proposed extension would not be located adjacent to a garden but would be located adjacent to the side access of 6 Mount Pleasant which provides access to their garden.
48 9.15 The proposal would bring the built form closer to 6 Mount Pleasant, reducing the open space between the buildings, and it is acknowledged that this would have an impact on users of this path and the view from windows towards the extension. However, the footpath would maintain a separation distance of 1.34 metres between the properties. Furthermore, the eaves of the proposed extension would be lower than the eaves of 6 Mount Pleasant. While the proposed ridge height would rise considerably, the roof would be hipped away from 6 Mount Pleasant reducing its impact on this property.
9.16 Furthermore, the original relationship between the two properties must be considered. The footpath and side windows of 6 Mount Pleasant were sited approximately 4.7 metres from a two-storey dwelling. While the extension brings the built form closer to 6 Mount Pleasant, an existing constrained relationship was already in existence. It is not considered that the proposed extension would have a sufficient adverse overbearing impact on 6 Mount Pleasant, over and above the original situation, to warrant a refusal.
9.17 It should also be noted that 6 Mount Pleasant has a second access to the garden from the other side of the property, and both side windows on 6 Mount Pleasant serve rooms that have other sources of light from the front or the rear. These side windows, given the original relationship with 5 Mount Pleasant, are secondary sources of light.
9.18 Finally, consideration must be given to the extant planning permission 18/00807/FUL. A front and side extension was granted planning permission and works have commenced. This permission therefore is a viable fall-back position for the applicants and is a material planning consideration. The following plans show the extension applied for (black and white plans) compared with the approved extension (blue polygon).
49
9.19 The proposed extension, while larger than that previously proposed, is not considered to have a substantially greater overbearing impact on the neighbouring occupiers over and above what could be constructed as the accepted fall-back position.
Overshadowing Considerations
9.20 It has been noted that the side windows are not the primary sources of light to habitable rooms. Furthermore, the angle of these windows within approximately 30 degree of due North mean they already receive less light than the front or rear facing windows, supporting the position that these windows are secondary sources of light to these rooms. As such, any loss of light to these windows would not be a reason for refusal.
50 Outbuilding Roof Alterations
9.21 The eaves closest to the boundary with 6 Mount Pleasant will be no taller than the original eaves height. The roof would rise in height away from the boundary with 6 Mount Pleasant to approximately 0.35 metres above the original roof height. The proposed roof would be no taller than maximum height of the approved roof under 18/00807/FUL (this includes the roof lantern).
9.22 Taking into account all of the above it is not considered that the proposed extension would have a sufficient adverse impact on the residential amenity of the neighbouring occupiers to warrant a refusal.
10. CONCLUSIONS
10.1 it is considered that the development is acceptable in principle and would not result in an adverse impact on the character and appearance of the surrounding area or the residential amenities of the occupiers of the neighbouring properties. It is therefore considered that the proposed development complies with 'Saved' policy EN20 of the BFBLP, Policies CS1, CS2 and CS7 of the CSDPD, the Design SPD, the Character Area Assessments SPD and the NPPF.
11. RECOMMENDATION
11.1 The application is recommended to be APPROVED 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. REASON: To comply with Section 91 of the Town and Country Planning Act 1990.
02. The development hereby permitted shall be carried out only in accordance with the following approved plans and other submitted details, received 14th April 2020:
Location Plan – Drawing Number: 001 Block Plan Proposed – Drawing Number: 003C Proposed Plans and Elevations – Drawing Number: 200L Proposed Elevations – Drawing Number: 300J
REASON: To ensure that the development is carried out only as approved by the Local Planning Authority.
03. The materials to be used in the construction of the external surfaces of the development hereby permitted shall match those outlined on the approved plans. REASON: In the interests of the visual amenities of the area. [Relevant Policies: BFBLP EN20, Core Strategy DPD CS7]
Informative(s)
01. The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.
51 02. No details are required to be submitted in relation to the following conditions; however, they are required to be complied with: 1. Time limit 2. Approved plans 3. Materials
03. The applicant should note that this permission does not convey any authorisation to enter onto land or to carry out works on land not within the applicant's ownership.
04. This is a planning permission. Before beginning any development you may also need separate permission(s) under Building Regulations or other legislation. It is your responsibility to check that there are no covenants or other restrictions that apply to your property
52 Agenda Item 9
ITEM NO: 07 Application No. Ward: Date Registered: Target Decision Date: 19/00931/FUL Winkfield And 22 October 2019 21 January 2020 Cranbourne Site Address: Winkfield Park Winkfield Row Bracknell Berkshire RG42 6NA Proposal: Demolition of Brockhill House and stable barn. and erection of replacement main house comprising 9 no. apartments. Applicant: N/A Agent: Mr Jeffrey Dummett Case Officer: Margaret McEvit, 01344 352000 [email protected]
Site Location Plan (for identification purposes only, not to scale)
© Crown Copyright. All rights reserved. Bracknell Forest Borough Council 100019488 2004
53
OFFICER REPORT
1. SUMMARY
1.1 The proposal is for the demolition of the existing dwelling on site together with a stable barn and the erection of a three-storey detached building to contain nine apartments.
1.2 The site is located outside of a settlement area. Planning permission was previously granted to demolish the existing dwelling house and erect a replacement dwelling (12/00342/EXT). This permission is extant.
1.3 The proposed development is considered to be acceptable when considered against policies CS9, EN8, H5 and H6. Policy H6 refers to the replacement of dwellings on a one for one basis being acceptable in the countryside and this application proposes the replacement of one dwelling with one building containing nine apartments. However, the proposed building is on the same footprint as the extant planning permission and the building will not be materially larger than the previously approved dwelling house. Although not fully in accordance with policy H6, the proposal is not considered to adversely affect the character of the area or to result in inconvenience or danger on the public highway.
RECOMMENDATION Planning permission be granted subject to conditions in Section 11 of this report
2. REASON FOR REPORTING APPLICATION TO COMMITTEE
2.1 The application has been reported to the Planning Committee as it is considered to be a departure from the Development Plan.
3. PLANNING STATUS AND SITE DESCRIPTION
PLANNING STATUS Outside of a settlement area within countryside Within the Landscape Character Area C2 Winkfield and Cranbourne Clay Farmland as defined in the Borough Wide Landscape Character Assessment (LCA) (September 2015 - LUC) Site covered by TPO 1334
3.1 The application site extends to 3.5ha and is located on the eastern side of Winkfield Row. It is currently occupied by Brock Hill House, a large two/three storey house with a self-contained annexe, and a number of equestrian buildings.
3.2 The site has two access points onto Winkfield Row at the northern and southern ends of the site's frontage. These link into a circular access road within the site. This runs along the site's eastern edge and would continue to offer access to the horse exercise track that is located immediately adjacent to the site's boundary.
3.3 The site is located beyond the settlement boundary of Winkfield Row but adjoins it at its south-eastern corner. The Winkfield Conservation Area boundary coincides with the settlement boundary at this point, and then extends in a north-easterly direction along the application site's boundary before the latter returns northwards. The Green Belt boundary
54 crosses the northern part of the site to the north of The Cut. The remainder of the site lies within the countryside as defined in the development plan.
3.4 The site is located beyond the 5km buffer zone to the Thames Basin Heaths Special Protection Area (SPA).
3.5 Public Right of Way Footpath No. 4 runs in a north-south direction at a point to the east of the application site and is separated from it by open fields.
3.6 Trees on the site are covered by TPO 1334.
4 RELEVANT SITE HISTORY
02/00101/LDC Certificate of lawfulness application to allow the use of land for the siting of a mobile home and its occupation for residential purposes. Approved 15.07.2003.
07/00450/OUT Outline application (including details of layout and access) for the erection of a detached dwelling house and a detached building comprising 5no. flats following the demolition of 5no. cottages and various non-residential buildings, the removal of a mobile home and the relocation of a clubhouse. Approved.
09/00285/FUL Erection of detached four bedroomed house (forming manager's house) and 5 no. terraced cottages (3 no. three bedroom and 2 no. two bedroom) with associated parking and re-siting of clubhouse following the demolition of five no. cottages, various non-residential buildings and the removal of a mobile home. Approved
09/00287/FUL Demolition of Brockhill House and erection of detached six bedroom house with detached triple garage with store above. Approved.
11/00304/FUL Section 73 application for the removal of subsection (a) of condition 4 of planning permission 09/00287/FUL which states "The existing dwelling house (Brockhill House) shown to be demolished on plan 08A shall be demolished before the earliest of the following dates: (a) the date one calendar year following the commencement of building operations in respect of the dwelling house hereby approved: (b) the date one calendar month following the first occupation of the approved dwelling house" to allow retention of the existing house until completion of the approved dwelling. Refused.
12/00342/EXT Demolition of Brockhill House and erection of detached six bedroom house with detached triple garage with store above. [This application is for an extension of the time limit to implement planning permission 09/00287/FUL]. Approved.
12/00150/COND Details submitted pursuant to conditions on 12/00342/EXT. Approved.
12/00652/EXT erection of detached four bedroomed house (forming manager's house) and 5 no. terraced cottages (3 no. three bedroom and 2 no. two bedroom) with associated parking and re-siting of clubhouse following the demolition of five no. cottages, various non-residential buildings and the removal of a mobile home. [This application is for an extension of the time limit to implement planning permission 09/00285/FUL]. Approved.
12/00151/COND Details submitted pursuant to conditions on 12/00652/EXT. Approved.
Planning permission 12/00342/EXT and 12/00652/EXT have been implemented and remain extant.
55 18/00618/FUL Erection of 15no. dwellings following demolition of existing dwellings, barns, menage and stable buildings. Refused.
5 THE PROPOSAL
5.1 This full application proposes the demolition of the existing dwelling and stable barn and the erection of a three storey building containing 9 no. apartments.
5.2 The existing two access points to Winkfield Row will be retained. Parking will be provided behind the proposed building to serve the apartments.
6 REPRESENTATION RECEIVED
Parish Council
6.1 Observed that the proposal would exacerbate highways issues in a conservation area and that the location of the site in relation to services and facilities is not sustainable. The development should include the provision of 20% of renewables.
6.2 No other representations were received.
7 SUMMARY OF CONSULTATION RESPONSES
Highway Officer
Access
7.1 The two existing accesses to the site from Winkfield Row will be retained. Both are suitable for continued access to serve the proposed development. Visibility splays can be achieved at both accesses subject to vegetation at the southern access being cut back. A condition has been included to achieve the required sight lines.
7.1 Parking
7.2 The flats would be provided with 20 car parking spaces, including 2 visitors’ spaces, and 21 secure cycle parking spaces, Which meets the Council’s parking standards. A condition will be required to ensure cycle parking and visitor parking is provided.
Trips
7.3 Trips to the site can be safely accommodated on local roads.
7.4 The highways officer has no objection to the application subject to conditions.
Ecology
7.5 Proposes conditions to address the potential impacts of construction on habitats and species on the site including the provision of replacement bat roosts to accommodate roosts lost in the existing dwelling, a Construction Environment Plan, landscape scheme, landscape and ecology management plan and biodiversity enhancements. A sensitive lighting strategy will be required to avoid and mitigate impacts on foraging bats.
56 Waste Management
7.6 The development will be a private gated development. The Council’s waste collection policy is that bins are collected from the kerbside of an adopted highway. If this is not possible the Council’s waste collection contractor may enter private roads at their discretion and will accept no liability for any damage. For the constructor to consider doing so the road must be constructed and thereafter maintained to an adoptable standard to allow for the operation of a 26 tonne waste collection vehicle.
Environmental Health 7.73 The area around the ponds has been identified as potentially contaminated land. A condition is proposed to specify the procedure to be carried out if any unforeseen contamination is encountered on site.
Landscape Officer 7.8 The site is within the Landscape Character Area C2; Winkfield and Cranbourne Clay Farmland of the Bracknell Forest Landscape Character Assessment (LUC 2015). Valued features identified in the assessment and relevant to the site that should be protected and enhanced include the rural lanes bordered by trees and hedges and the parkland landscapes associated with manor houses.
7.95 The principle of the scheme is accepted. A landscape scheme is required to show how the parkland character of the site can be enhanced and how the scheme can be integrated into the wider countryside.
Tree Officer
7.10 All trees on site are now protected by Tree Preservation Order 1334.
7.11 There are no objections to the application by the tree officer subject to conditions to protect trees during the demolition and construction period and to ensure Arboricultural supervision during these phases..
Environment Agency
7.12 The proposed development is acceptable subject to conditions to ensure the development is carried out in accordance with the submitted flood risk assessment and subject to the approval of a landscape and ecological management plan.
8. MAIN POLICIES AND OTHER DOCUMENTS RELEVANT TO THE DECISION
8.1 The primary strategic planning considerations applying to the site and the associated policies are:
Development Plan NPPF General CP1 of SALP, Limited (policy not used in planning policies application decision-making)
CS1 & CS2 of CSDPD Consistent CSDPD Policy Consistent (Para. 17 & 117 - Full CS2 119).
CSDPD Policy Elements are acknowledged Moderate
57 CS9 and to not be fully consistent BFBLP ‘Saved’ (para. 170 a) and b) however Policy EN8 the thrust of these policies remains consistent (paras. 78-79, 103, 104a, 117 and 170)
Generally Consistent (paras. 79,103, 117, 170)
BFBLP ‘Saved’ Limited but relevant Policy H5
BFBLP Limited. “Saved” Policy H6 Housing H5 of BFBLP Partially out of date but some weight can be attached.. Design CS7 of CSDPD, Saved policy Consistent EN20 of BFBLP Parking Saved policy M9 of BFBLP Consistent NPPF refers to LA’s setting their own parking standards for residential development, this policy is considered to be consistent. Trees & CSDPD Policies CS1 & CS7 Consistent (paras. 127 & 170) Landscaping BFBLP ‘Saved’ Policies EN1, EN2 & EN20
Heritage CSDPD Policies CS1 & CS7 Consistent (paras. 189 to 197)
Drainage CS1 of CSDPD Consistent (paras. 163 & 165)
Biodiversity CSDPD Policies CS1 & CS7 Consistent (paras. 170 & 175)
BFBLP ‘Saved’ Policies EN1, EN2 & EN20
Noise and CSDPD Policy CS1 Consistent (paras. 118, 170, 178 & 180) Pollution (including BFBLP ‘Saved’ Policy EN25 Land Contamination)
Sustainability CSDPD Policies CS10 & 12 Consistent (para. 149) (Renewable Energy and Water Use) Archaeology NPPF (para. 189) Consistent (para. 189)
Open Space CSDPD Policy CS8 Consistent (paras. 92 & 97 of the NPPF)
58 Provision
Securing CSDPD Policy CS6 Consistent (para. 54 to 56, 92 and 94) Necessary Infrastructure
Supplementary Planning Documents (SPD) Parking standards SPD Planning Obligations SPD (2015)
Other publications National Planning Policy Framework (NPPF) National Planning Policy Guidance (NPPG)
9 PLANNING CONSIDERATIONS
9.1 The key issues for consideration are:
i Principle of development ii Impact on character and appearance of the area iii Design iv Residential amenity. v Highways vi Thames Basin Heaths Special Protection Areas (SPA) vii Heritage viii Land Contamination ix Drainage x Trees xi Securing necessary infrastructure xii Ecology i) Principle of Development
9.2 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires proposals to be determined in accordance with the development plan unless material considerations indicate otherwise. The National Planning Policy Framework (NPPF) is a material consideration.
9.3 The NPPF confirms that decisions should apply a presumption in favour of sustainable development. Paragraph 11 sets out that for decision takers this means:
c) approving development proposals that accord with an up-to-date development plan without delay; or
d) where there are no relevant development plan policies, or the policies which are most important for determining the application are out-of-date, granting permission unless:
i. the application of policies in this Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed; or
59 ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.
9.4 The Council is currently able to demonstrate a 6.08 year supply of deliverable housing sites and accordingly development plan policies relevant to the supply of housing are not considered to be out of date by virtue of footnote 7 to the above paragraph. The application should therefore be determined in accordance with the development plan, unless material considerations dictate otherwise, with the weight to be afforded development plan policies to reflect their consistency with the Framework (the closer the policies in the plan to the policies in the Framework, the greater the weight that may be given) as set out in para. 213 of the NPPF.
9.5 The site is located on land outside of a defined settlement as shown on the Bracknell Forest Borough Policies Map (2013) and is considered 'countryside'. CSDPD Policy CS1 indicates that development should protect and enhance the character and quality of local landscapes and the wider countryside. Policy CS2 provides locational principles for the allocation of land for development and confirms that development will be permitted within defined settlements and on Allocated Sites. Both of these policies are considered to be consistent with the principles of sustainable development and a plan-led approach as set out in the NPPF such that they should be accorded full weight.
9.6 Policy CS9 of the Core Strategy indicates that land outside settlements will be protected from development that would adversely affect the character, appearance or function of the land. 'Saved' Policy EN8 of the Borough Local Plan 2002 indicates that "the countryside will be protected for its own sake. Outside the defined settlement boundaries, development will be permitted only where it would not adversely affect the character, appearance or function of the land, would not damage its landscape quality and, where conspicuous from the Green Belt, would not injure the visual amenities of the Green Belt”. Any development permitted in the countryside may include the replacement of existing buildings subject to criteria in policy H6 that seeks to permit the replacement of existing dwellings on a ‘one for one’ basis.
9.7 These policies are not wholly consistent with the revised Framework which does not refer to the 'protection' of the countryside but both policies include an assessment of the effect on the character and appearance of the land and this is consistent with NPPF para. 170 b) which requires decisions to contribute to and enhance the natural and local environment by ‘recognising the intrinsic character and beauty of the countryside’ and with para. 127 which requires decisions to ensure that developments ‘are sympathetic to local character and history, including the surrounding built environment and landscape setting..’.
9.8 'Saved' Policy H5 of the BFBLP states that outside the defined settlement boundaries the erection of new dwellings will not be permitted except where there is a need for it in connection with an accepted use listed in policy EN8 and where it would cause no harm to the character of the area. This policy is consistent with the NPPF in respect of its requirement to consider the impact of new residential development beyond any settlement on the character and appearance of the area, however it is inconsistent in that it limits this consideration to certain types of development.
9.9 “Saved” Policy H6 of the BFBLP states that development involving existing dwellings in the countryside outside the Green Belt will be permitted provided that it would not adversely affect the character of the area, would not result in inconvenience or danger on the public highway or cause any other environmental or other harm. Policy H6 sets out the form of development that could be permitted to include the replacement of existing dwellings on a “one for one” basis or the sub- division of an existing dwelling into two or more units provided the proposal is appropriate to the character of the existing building and the increased activity generated by the proposal is appropriate to its location. This policy is consistent with the NPPF in respect of its requirement to
60 consider the impact of new residential development beyond any settlement on the character and appearance of the area, however, it is inconsistent in that it limits this consideration to certain types of development.
9.10 Policies CS9, EN8, H5 and H6 are not wholly consistent with the NPPF so any conflict with them cannot be accorded full weight in the planning balance which is set out in Section 10 below.
9.11 The application proposes the erection of 9 apartments within a three storey building to replace the existing large detached house on the site. Planning permission was granted in 2009 for the erection of a detached six bedroom house and detached triple garage with store above (09/00287/FUL) and an extension of time for the implementation of this permission was granted in 2012 (12/01342/EXT). This planning permission was commenced by works taking place on site, pre-commencement conditions having been discharged. The dwelling was shown located some 20 metres south of its existing position to improve the relationship of the dwelling with the other ancillary buildings on site without detriment to the character of the countryside. The proposed apartment building in the current planning application will be built in the position of the previously approved dwelling.
9.12 The proposed development proposes new residential development on land outside of a settlement area so would conflict with policy CS9 of the CSDPD and policies EN8, H5 and H6 of the BFBLP. The weight to be given to this conflict is considered in section 11 below. ii) Impact on character and appearance of the area
9.13 CSDPD Policy CS9 and BFBLP Policy EN8 seek to prevent development that would adversely affect the character, appearance or function of the land and Policy H5 requires new dwellings outside settlements to cause no harm to the character of the area as set out above. Policy H6 sets out the form of development that could be permitted to include the replacement of existing dwellings on a “one for one” basis or the sub-division of an existing dwelling into two or more units provided the proposal is appropriate to the character of the existing building and the increased activity generated by the proposal is appropriate to its location.
9.14 CSDPD Policy CS7 states that development will be permitted which builds upon the local character of the area, respects the local patterns of development, and enhances the landscape. BFBLP ‘Saved’ Policy EN20 states that development should be in sympathy with the appearance and character of the local area. It further states that the design of the development should promote local character and a sense of local identity.
9.15 The house that was approved under reference 12/01342/EXT was a substantial 3 storey detached property measuring some 11m in height. The apartment building proposed in this current application is a 3 storey building with 2.5 storey wings. It will be well screened by boundary trees and will give the appearance of being a large manor house type development, albeit divided into 9 apartments. Although the development represents an increase in the number of residential units on the site they will be sited in one building of a similar scale to the replacement house in the extant planning permission. In terms of the impact of the proposal on the character and appearance of the area, the proposal is considered to be acceptable. There will be no significant increase in the footprint of development over the permitted scheme on site and the position of the proposed building within this well screened site will not result in any adverse impact on the character and appearance of the area.
61
Replacement house under permitted under 12/00342/EXT
9.16 The application site forms part of the wider Winkfield Park estate. Planning permission has been granted but not yet constructed on land within the blue line and forming part of the wider estate for a detached four bedroomed house (forming a manager's house) and 5 terraced cottages. These were permitted under reference 09/00285/FUL which was granted an extension of time under reference 12/00652/EXT. All pre-commencement conditions have been discharged for these proposals and development has commenced. When the current application is viewed in the context of the wider estate the proposed development will replace the existing main house on the site with a building which will form the significant building on the estate, with buildings permitted under reference 12/00652/EXT being subservient in character. This will replicate the character of a country estate such as the one that existed when the original Brock Hill House on the site was occupied.
62 9.17 The site lies immediately to the north of Area C: Winkfield Row North as identified within the Character Area Assessments SPD. Although outside the Study Area, the plan identifying the key features of this area refers to the planting along the site's boundary with Winkfield Row as providing a "High degree of enclosure due to boundary planting and woodland character". The recommendations contained within this Study include that 'rural gaps between individual settlements should be retained and reinforced with tree and hedgerow planting in keeping with the local landscape pattern'.
9.18 The Council has produced a Borough Wide Landscape Character Assessment (LCA) (September 2015 - LUC) and the site lies within the Landscape Character Area C2 Winkfield and Cranbourne Clay Farmland. This identifies as one of the valued features of the area, parkland landscapes associated with manor houses which provide a historical link with Windsor. Although Winkfield Park is not one of the listed examples of these manor houses, its scale and layout is consistent with this character.
9.19 The existing site is visually contained from most directions, its character taking the form of a traditional manor house with associated parkland set behind a wooded boundary. The character of the site is consistent with that of the wider countryside within which it sits, being occupied by a substantial dwelling surrounded by open land and ancillary equestrian buildings. Existing planting encloses the site on its northern, southern and western edges, with it remaining open to the wider countryside to the east and subject to uninterrupted views from the Public Right of Way.
9.20 This application is considered to represent a form of development which is consistent with the landscape character of the area, i.e. a substantial manor house style dwelling with associated outbuildings. The apartment building will be set back from the site's eastern edge, behind a central belt of trees providing substantial screening when viewed from the open land to the east. It will therefore be a form of development consistent with the existing character of the site.
9.21 The application is in accordance with policies CS9 of the CSDPD, policies EN8 and EN20 of the BFBLP in so far as the proposed development would be in sympathy with, and have no adverse effect on, the character and appearance of the area when compared to the existing development on site and the extant planning permission 12/01342/EXT.
iii) Design
9.22 Policy CS7 of the CSDPD requires a high quality design for all development that builds on the local character, respecting local patterns of development and the historic environment. Development should enhance the landscape and promote biodiversity and provide high quality usable open spaces.
9.23 The design of the house is Georgian in style and proportions with a Doric stone cornice and standing seam zinc mansard roof. The main brickwork is a Flemish bonded red multi stock with a dark red multi Flemish bond plinth. The building will include red clay chimney pots and timber sash windows with red brick arches over.
9.24 The design is considered to be appropriate for the site and will indicate that this is the significant building on the site replacing the existing "manor house" on the site.
9.25 A triple garage building is shown within the red line which forms part of the extant planning permission 09/00285/FUL and will be constructed as permitted under this consent.
9.26 Parking to serve the apartments is positioned behind the building. Tandem parking spaces are provided for each apartment to restrict the parking area and allow for the provision of landscaping and to protect existing mature trees. Parking will be screened by landscaping from the
63 terraced cottages to be constructed immediately north as part of planning permission 09/00285/FUL.
9.27 The proposed building will be viewed as the predominant building on the wider estate and is considered to be of a high quality of design appropriate for the location. Parking will be positioned behind the building and will be screened by landscaping. Tandem parking will reduce the footprint of the car park to minimise its impact on the site. The proposed development is considered to be of a high quality of design and to be acceptable when considered against policy CS7. iv Residential Amenity
9.28 The site is self-contained and due to the degree of separation between it and adjacent properties, together with the mature planting along the site's southern, western and northern boundaries, the development would have no adverse impact on the residential amenity of any adjoining occupiers.
9.29 The proposal is considered to comply with criteria (iv) and (vii) of Policy EN20 of the BFBLP.
v) Highways
Access
9.30 This residential development is proposed to utilise two existing accesses to Winkfield Park from the B3017Winkfield Row, a local distributor road. The northern access is located within a 40mph speed limit and the southern access is within a 20mph speed limit. There are existing gates within the site, set back from the access points, the northern gate is 20m from Winkfield Row and the southern gate 12m from Winkfield Row. Measurements on the proposed site layout plan show that the southern gate is 4.2m wide through the gated access, which should enable two cars to pass at slow speed, and the northern access is 3.5m wide through the gated access, which would not allow two cars to pass but there is sufficient set-back from Winkfield Row that a vehicle would be able to wait off the carriageway if required.
9.31 The highway boundary along Winkfield Row, an ancient highway, includes the verge up to the site boundary. The southern access will need to be formally brought back into use and a planning condition to this effect is suggested. The 20mph speed limit commences to the south of an existing priority/give-way feature as Winkfield Row crosses The Cut, and north of the southern access.
9.32 The applicant's Transport Statement states that the northern access provides 2.4m by 103m visibility splays and the southern access provides 2.4m by 27m visibility splays, commensurate with the respective 40mph and 20mph posted speed limits in line with Manual for Streets 2 guidance. To the north of the southern access, greater than 27m visibility to the north (to southbound traffic) may be available in practice, but on-site observations indicate that the visibility splay to the south of the southern access has become obscured by vegetation over time; this vegetation should be cut back to ensure that the stated visibility splays are available.
9.33 The internal access road is as existing in terms of its route, but two passing places have also been introduced.
Refuse Collection
64 9.34 A bin store is to be provided to the south-west of the main building. Bracknell Forest Council's waste collection vehicle does not typically serve new unadopted roads unless the road is constructed and thereafter maintained to an adoptable standard to allow for the operation of a 26 tonne waste collection vehicle; and if the site owner acknowledges that the waste collection contractor enters the site at its own discretion and accepts no liability for any damage. Alternatively, bins can be collected from the kerbside of the adopted highway. Although no footpath is provided within the site for residents to reach the adopted highway, given the anticipated vehicle movements on site, this is not considered to be necessary and the access road can be used as a shared surface by residents. The provision of a footpath would also introduce additional hardstanding onto the site. This is not considered to be desirable.
Sustainable Travel
9.35 Adjacent to the site Winkfield Row has a footway on it's eastern (site) side. A Public Right of Way (PRoW) footpath joins Winkfield Row between the site's northern and southern access points, adjacent to The Cut. The southern gated access has adjacent pedestrian gates, but these are currently severed by planting. This access could be altered to enhance pedestrian movement, to tie in with the existing footway on the eastern side of Winkfield Row.
9.36 The site is not within walking distance of local facilities and services. The Transport Statement indicates that Whitegrove, the nearest secondary school (Garth Hill College), Bracknell Town Centre (which provides a wide range of shop and facilities), the railway station, and also employment opportunities at the Bracknell Eastern Industrial Estate are all accessible by cycling and bus. Whilst a number of destinations could be reached within an acceptable cycle distance (up-to 5km), there are no dedicated cycle facilities in the area. The 162 and 162a bus services (between Bracknell and Ascot) are limited, ranging from hourly services to gaps of an hour and a half, services are limited in the evenings, and there are no Sunday services.
9.37 The site is not well located in terms of accessibility to local services but has an extant permission for residential development on the site and land within the blue line and an existing residential dwelling on the site.
Parking
9.38 The flats will be provided with 20 car parking spaces including 2 visitors' spaces and 21 secure cycle parking spaces, complying with the adopted car parking standards
9.39 Details of cycle parking have not been provided. A condition has been included seeking the approval of cycle parking before the development is occupied.
Trips
9.40 The vehicular trip rates presented in the Transport Statement are low, given the limited facilities and services within walking distance. The TRICS sites selected include sites in location category "Suburban Area" which are in closer proximity to facilities, services and railway stations than Winkfield Park; also sites have been selected with a population within five miles of "500,001 or More", which is not representative of the local population around Winkfield Park.
9.41 Bracknell Forest Council's transport model would indicate that closer to 0.5 trips per dwelling two-way would be made during peak hours. However, even using the Bracknell Forest transport model, trip rates would be low and can be accommodated on local roads.
65 9.42 The application is acceptable in highway terms and makes satisfactory parking provision in accordance with policy M9 of the BFBLP. It is acknowledged that the site is not highly sustainable in terms of being accessible by non-car means of transport. vi) Thames Basin Heaths Special Protection Areas (SPA)
9.43 The site is located beyond the 5km buffer zone to the Thames Basin Heath Special Protection Area (SPA) and accordingly, the proposed development, which is for less than 50 units, is not considered likely to result in an adverse effect on the SPA, and therefore no Appropriate Assessment is required. vii) Heritage
9.44 In his original consultation response, the Conservation Officer indicated that although the development would affect the setting of the Winkfield Row Conservation Area by eroding an area of green space which contributes to its significance, the level of harm caused would be 'less than substantial' due to the containment and screening of the site. However, concerns were raised in respect of the demolition of Brockhill House, which is considered a non-designated heritage asset, and the lack of information provided in order to allow an informed assessment of the significance of the heritage assets on the site. Following these comments, the applicant submitted additional information demonstrating the implementation of planning permission 12/00342/EXT which has established the principle of demolishing Brockhill House. They also submitted a Heritage Statement which analyses the significance and development of Brockhill House.
9.45 The Conservation Officer accepts the findings of the Heritage Statement that the building 'retains some, limited, architectural and historic interest, by virtue of the Queen Anne Revival stylistic elements that survive in the main house together with the historic core of the building and its likely relatively high status within the local community. However, the building's remaining architectural quality has been greatly denuded through later alterations or variable quality. Therefore, the building whilst it has some architectural quality is not of any group or townscape value, or community value, giving it a relatively low heritage value'.
9.46 Under paragraph 197 of the NPPF, the effect of an application on the significance of a non- designated heritage asset should be taken into account in determining the application. In weighing applications that directly or indirectly affect non-designated heritage assets, a balanced judgement is made, having regard to the scale of any harm or loss and the significance of the heritage asset. In this case the heritage asset has a low value but the harm to it would be substantial (i.e. total loss). However, it is a material consideration that there is an extant planning permission for the demolition and replacement of Brockhill House and therefore, on balance, it is considered that no objection can be raised to the current application on heritage grounds.
9.47 Brockhill House is considered a non-designated heritage asset but there is limited evidence indicating any significant heritage value. Together with the extant planning permission for the demolition of Brockhill this means that maintaining an objection against demolition based purely on heritage grounds for an undesignated heritage asset is not considered to be practicable.
9.48 The application site is located close to the boundary of the Winkfield Conservation Area and has the potential to affect its setting and is also close to Appletree Cottage. The development has the potential to harm the Conservation Area by eroding an area of green space which contributes to its significance or through inappropriate development. This application is not considered to erode the green space as development will not expand beyond the footprint of the extant planning permission.
66 9.49 A condition requires the submission of materials for the agreement of the local authority for the brickwork, slates, windows and doors in order to ensure that only high quality materials are used, appropriate to this location. viii) Land Contamination
9.50 The land quality database indicates that there is a large infilled pond on this site that has been identified as potentially contaminated land. An assessment of potential contamination would therefore be required for the proposed residential development in accordance with the National Planning Policy Framework and this could be secured by means of an appropriately worded condition. ix) Drainage
9.51 The Environment Agency has no objections to the proposed development subject to conditions. x) Trees
9.52 A TPO was served on the site (TPO 1334) on 20th February 2020 which is subject to confirmation. The TPO covers all trees on the site. The site contains many significant trees which make an important contribution to the street scene. The site also includes several landmark specimens including the mature Cedar (T26) near the front of the existing house and the Veteran Oak (T55) south of the garage block to be erected along the boundary with Winkfield Row. Unless specifically required to be removed to directly accommodate a construction footprint that has detailed planning consent, any works to, or near to, the trees above or below ground on the site, however minor, will require the necessary consent under the TPO legislation following the required procedures.
9.53 The root protection area (RPA) of the Cedar (T26) extends some 16m. The existing dwelling and its drive fall within the RPA and it is proposed to reinstate the area to soft landscaping. This will bring longer term benefits to the tree but will also require a site specific method statement to safeguard the tree. A construction exclusion zone will be required to be provided around the Cedar to fully safeguard the tree. The initial submission included parking spaces within the RPA of the Cedar but these have been removed in amended plans. The existing access road south of the Cedar should be retained and reused to avoid construction works within the RPA.
9.54 Adjustment to the car park to help safeguard the existing minimum rooting Area of the Cedar T26 is acceptable subject to adequate Tree Protection measures during construction. This area should be protected by appropriate landscaping measures to prevent use for overspill parking in this area in the longer term. A low knee rail or hedge planting would be appropriate.
9.55 A detailed program of arboricultural supervision for works within RPAs of trees together with routine monitoring of protection measures at maximum 4 week intervals is essential on this site to ensure trees are safeguarded throughout the construction period. . 9.56 The proposed development will not result in the loss of significant trees on the site and the main landmark specimens will be retained as part of the development. To enhance the parkland character of the site and further integrate the site into the wider countryside a condition will require a landscaping scheme to be submitted and approved. Subject to conditions to protect trees during the demolition and construction phases and a landscaping scheme that will enhance the character of the site, the proposal will meet the requirements of policy EN1 of the BFBLP in protecting trees that are important to the character and appearance of the landscape.
67 xi) Securing necessary infrastructure
9.57 CSDPD Policy CS6 states that development is expected to contribute to the delivery of:-
(a) infrastructure needed to support growth and; (b) infrastructure needed to mitigate impacts upon communities, transport and the environment.
9.58 Policy R4 of the BFBLP also seeks by condition or agreement the provision of 4.3ha of open space of public value per 1000 people. A condition has been included to secure open space of public value on the site.
9.59 The Planning Obligations SPD (6 April 2015) is also relevant.
9.60 Community Infrastructure Levy (CIL) is applied as a charge on each square metre of new development. It is considered that the proposed development is CIL liable. xii) Ecology
9.61 The submitted ecological appraisal confirms that the existing building contains roosts for two species. Replacement bat roosts will be required to be provided within the new building. Further bat surveys may be required to demonstrate that the design and location of replacement bat roosts are appropriate.
9.62 The site also includes trees that have potential as veterans. Many of these have deadwood that should be retained if possible. The NPPF considers veteran trees to be irreplaceable habitat and they should be protected during the construction stage.
9.63 The submitted ecological appraisal identifies Habitats of Principal Importance in the form of Lowland Deciduous Woodland, hedgerow, ponds and the Cut River. To address the potential impacts of construction on these habitats and species on the site a Construction Environment Plan will be secured by condition. Landscape and ecology management plans will also be required to be submitted and approved to include details of the removal of invasive non-native species. A sensitive lighting strategy should also be secured to avoid and mitigate impacts on foraging bats. With the inclusion of conditions to cover these matters the application is considered to be acceptable in terms of policy CS1 of the CSDPD which seeks to protect and enhance the quality of natural resources including biodiversity.
10 PLANNING BALANCE
10.1 The Council can currently demonstrate a 5 year Housing Land Supply and considers the most important policies for the determination of this application to be up-to-date for the purposes of para. 11 of the NPPF. Therefore the application should be determined in accordance with the development plan unless material considerations dictate otherwise.
10.2 The application site lies within the countryside beyond any settlement boundary. The provision of new residential development in the countryside is contrary to policies CS2, CS9, EN8, H5 and H6 of the development plan. Whilst Policy CS2 is considered to be fully consistent with the NPPF, policies CS9, EN8, H5 and H6 are not, and therefore any conflict with these latter policies is given moderate weight in the planning balance.
10.3 The impact of the proposed development on the character and appearance of the area has been assessed and it has been concluded that, when compared with the existing development on site and the extant planning permission 12/00342/EXT, the proposed development will not cause
68 any material harm to the character or appearance of the area. As a result, there is no conflict with the development plan policies in this regard.
10.4 The application has been assessed in respect of all other issues including highways, heritage, drainage, biodiversity and trees and has been found to be consistent with relevant policies.
10.5 Given the existing development on the site and the extant planning permission the proposed development would not cause any material harm to the character and appearance of the countryside. Although policy H6 of the BFBLP refers to replacement of existing dwellings on a “one for one” basis being acceptable and the proposal is not entirely consistent with this comprising the erection of one building incorporating nine apartments, it is not considered that the provision of apartments within one building will adversely affect the character of the area. The levels of activity are not considered to result in adverse highways or environmental effects.
10.6 The proposed development would result in the net gain of eight residential units on the site which is considered to be a benefit. Whilst none of these would be affordable, the provision of new housing is consistent with the Government’s policy to significantly boost the supply of homes. The provision of such housing would provide economic benefits relating to their construction and spending within the local economy by residents, although due to the buoyancy of the local economy these benefits are afforded only limited weight.
10.7 The scheme would also result in CIL payments and these comprise economic benefits that weigh in favour of the scheme.
10.8 The conflict with Policy CS2 should be given significant weight and conflict with Policies CS9, EN8, H5 and H6 given moderate weight. However, in this instance, the absence of harm to the character and appearance of the countryside and benefits associated with the provision of the new housing, are considered to outweigh the identified conflict with the development plan and the granting of permission is recommended.
11 CONCLUSION
11.1 This is a full application for the demolition of the existing dwelling and stable barn on the site and the erection of a detached building to include 9 apartments. Access to the site will be from the two existing access points onto Winkfield Row with parking provided behind the proposed building to meet adopted car parking standards.
11.2 The site is outside a settlement area. Policy CS9 of the CSDPD, and Policies EN8 and H5 of the BFBLP seek to protect land outside settlements for its own sake and particularly from development that would adversely affect the character, appearance or function of the land.
11.3 The erection of a replacement building on the footprint of an extant planning permission (12/00342/EXT) is considered to be acceptable when considered against policies CS9, EN8 and H5. Although the building differs in design to the dwelling permitted under 12/00342/EXT and the building appears larger in terms of its bulk and massing, it is considered to be appropriate in terms of its impact on the character and appearance of the area. The apartment building will be set back from the site's eastern edge, behind a central belt of trees providing substantial screening when viewed from the open land to the east. The design and scale of the building is appropriate to the site and the hierarchy of buildings within the wider estate. The garage shown along the Winkfield Row boundary will be built as part of the extant permission 12/00342/EXT. The design of the building is of a high standard and is acceptable in terms of policy CS7 of the CSDPD.
69 11.4 Policy H6 of the BFBLP refers to the replacement of dwellings on a ‘one for one’ basis being acceptable in the countryside. This application proposes the replacement of one dwelling with one building containing nine apartments. However, the proposed building is on the same footprint as the extant planning permission for a replacement large dwelling, and the building will not be materially larger than the previously approved dwelling house. Although not in accordance with policy H6, the proposal is not considered to adversely affect the character of the area or to result in inconvenience or danger on the public highway and is therefore considered to be acceptable when considered against the Development Plan as a whole.
11.5 This application represents a form of development which is consistent with the landscape character of the area and the existing character of the site. It would provide a building giving the appearance of a substantial manor house style dwelling with associated outbuildings.
11.6 The site is adjacent to the Winkfield Conservation Area and has the potential to harm the Conservation Area by eroding an area of green space which contributes to its significance. However, the proposal would not erode the green space as development will not expand beyond the footprint of the extant planning permission.
11.7 The application is acceptable in highway terms and makes satisfactory parking provision in accordance with policy M9 of the BFBLP. The existing vehicular accesses to the site will be retained and used and the internal access road will be reused, with passing points included within the site. Parking will be provided to meet adopted car parking standards and details of cycle parking will be required to be submitted for approval. It is acknowledged that the site is not highly sustainable in terms of access by non-car means of transport but the site is in an existing residential use in a rural area. Although the opportunities for non-car transport are restricted, there are limited bus routes in the area and the site is within cycling distance of Bracknell.
11.8 The proposed development will not result in the loss of significant trees on the site and the main landmark specimens will be retained as part of the development. The building will be positioned on the site of the dwelling proposed under planning permission 12/00342/FUL and will not result in the loss of additional significant trees when compared to the extant permission on the site. To enhance the parkland character of the site and further integrate the site into the wider countryside a condition will require a landscaping scheme to be submitted and approved. Subject to conditions to protect trees during the demolition and construction phases and a landscaping scheme the proposal will meet the requirements of policy EN1 of the BFBLP in protecting trees that are important to the character and appearance of the landscape.
11.9 The submitted ecological appraisal identifies that the site includes Habitats of Principal Importance in the form of Lowland Deciduous Woodland, hedgerow, ponds and the Cut River. To address the potential impacts of construction on these habitats and species on the site a Construction Environment Plan will be secured by condition. Landscape and ecology management plans will also be required to be submitted and approved to include details of the removal of invasive non-native species. A lighting strategy would also be secured to avoid and mitigate impacts on foraging bats. Subject to conditions to cover these matters the application is considered to be acceptable in terms of policy CS1 of the CSDPD which seeks to protect and enhance the quality of natural resources including biodiversity.
11.10 Policies CS2, CS9 of the CSDPD and policies EN8 and H5 of the BFBLP seek to restrict the provision of new dwellings within the countryside. Policy EN8 does permit the replacement of dwellings but subject to criteria in policy H6 which permits replacement buildings on a “one for one” basis. The proposal is therefore contrary to these policies in seeking to provide apartments on the site. However, the proposed development is not considered to adversely affect the character of the countryside and this absence of harm to the countryside together with the benefits associated with the provision of the new housing, are considered to outweigh the identified conflict with the development plan and the granting of permission is recommended.
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12. RECOMMENDATION
That the Head of Planning be authorised to APPROVE the application subject to the following condition(s):-
01. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. REASON: To comply with Section 91 of the Town and Country Planning Act 1990.
02. The development hereby permitted shall be carried out only in accordance with the following approved plans received by the Local Planning Authority on 22.10.2019, 22.01.2020 & 10.03.2020:
100/02 PL-01/C PL 010 00 020/01
PL 215 00 PL 216 00 PL 217 00 PL 218 00
PL 315 00 PL 316 00 PL 318 00 330/01 331/01
REASON: To ensure that the development is carried out only as approved by the Local Planning Authority.
03. No development above slab level shall take place until samples of the materials to include bricks, stonework and roof 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, Core Strategy DPD CS7]
04. Other than demolition and groundworks on site no works shall commence until details showing the finished floor levels of the building 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. REASON: In the interests of the character of the area. [Relevant Policies: , BFBLP EN20, Core Strategy DPD CS7]
05. No dwelling shall be occupied until the access road, including passing places, has been constructed in accordance with the approved plans to a sufficient standard to accept the weight of Bracknell Forest Council's refuse vehicles. REASON: In the interests of highway safety.
71 [Relevant Policies: Core Strategy DPD CS23]
06. No dwelling shall be occupied until the associated vehicle parking and turning space has been surfaced and marked out in accordance with the approved drawing. The spaces shall thereafter be kept available for parking at all times. REASON: To ensure that the development is provided with adequate car parking to prevent the likelihood of on-street car parking which would be a danger to other road users. [Relevant Policies: BFBLP M9, Core Strategy DPD CS23]
07. No dwelling shall be occupied until a scheme has been submitted to and approved in writing by the Local Planning Authority for covered and secure cycle parking facilities in accordance with Table 6 and Annex C of the Parking Standards SPD, March 2016. The building shall not be occupied until the approved scheme has been implemented. The facilities shall thereafter be retained. REASON: In the interests of accessibility of the development to cyclists. [Relevant Policies: BFBLP M9, Core Strategy DPD CS23]
08. No dwelling shall be occupied until visibility splays of at least 2.4m x 25m have been provided at the southern access onto Winkfield Row. These areas 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. REASON: In the interests of highway safety. [Relevant Policies: Core Strategy DPD CS23]
09. No dwelling shall be occupied until (a) details of the location of 2 visitor car parking spaces, and (b) details of the signing for the spaces have been submitted to and approved in writing by the Local Planning Authority. The car parking spaces shall be provided and signed in accordance with the approved details and the spaces and signage shall be implemented prior to the occupation of any of the dwellings hereby permitted and shall thereafter be retained. 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, Core Strategy DPD CS23]
10. The development shall be carried out in accordance with the submitted flood risk assessment (reference CV8190782/AQ/DW/003, issue 1, dated 17 October 2019 and prepared by Glanville) and the following mitigation measures it details:
Finished floor levels shall be set no lower than 58.64m above Ordnance Datum (OD) These mitigation measures shall be fully implemented prior to occupation. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development.
REASON: To reduce the risk of flooding to the proposed development and future occupants.
11. No dwelling shall be occupied until a landscape and ecological maintenance and management plan (LEMPhas been submitted to, and approved in writing by, the local planning authority prior to the occupation of any dwelling. The LEMP shall be carried out as approved.
72 The scheme shall include the following elements:
i) Description and evaluation of features to be managed ii) Ecological trends and constraints on site that might influence management iii) Aims and objectives of management iv) Details of maintenance regimes v) Details of any new habitat created on-site or proposed planting schemes vi) Details of an 8m ecological buffer alongside the river that is free from all built development vii) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period) viii) Details of the body or organisation responsible for implementation of the plan
REASON: To ensure the protection of wildlife and supporting habitat and to secure opportunities for enhancing the site's nature conservation value.
12. 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 strategy for biodiversity that has first been submitted to and approved in writing by the Local Planning Authority. The strategy shall:
i) identify those areas/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 ii) 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.
No dwelling shall be occupied until all external lighting has been installed in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy.
REASON: To protect the wildlife interests of the site. [Relevant Policies: CSDPD policy CS1]
13. Part 1 No development shall take place 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) Details of semi mature tree planting. c) Comprehensive 5 year post planting maintenance schedule. d) Means of enclosure (walls and fences etc) e) Paving including pedestrian open spaces, paths, patios, proposed materials and construction methods, cycle routes, parking courts, play areas etc. f) Recycling/refuse or other storage units, play equipment g) Other landscape features (water features, seating, trellis and pergolas etc).
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Part 2: Implementation
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 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' 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.
REASON: - In the interests of good landscape design and the visual amenity of the area.
14. 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 without the prior written permission of the Local Planning Authority. If within a 5 year period of the completion of the development any soft landscaped area which is removed, uprooted, or is destroyed or dies shall be replaced by plants of the same species and size as that originally planted at the same place.
REASON: - In the interests of good landscape design and the visual amenity of the area.
15. No development (including initial site-clearance) shall commence 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.
74 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. j) Arboricultural site monitoring - Note confirming that all protection measures are to be routinely monitored by site visits undertaken by a project arboriculturalist (appointed by the land owners), at maximum 4 week intervals for the duration of all works on site to ensure full compliance with the approved tree protection and monitoring scheme. Copy of the signed report to be forwarded to the Local Authority following each site visit.
The development shall be carried out in full accordance with the approved scheme.
REASON: - In order to safeguard trees and other vegetation considered to be worthy of retention in the interests of the visual amenity of the area.
16. The protective fencing and other protection measures specified by condition 15 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 trees and other vegetation considered to be worthy of retention in the interests of the visual amenity of the area.
75 17. No development (including initial site clearance) shall commence 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 program of arboricultural monitoring shall be undertaken in full compliance with the approved details. A copy of the signed inspection report shall be sent to the local Authority following each visit.
REASON: - In order to safeguard trees and other vegetation considered to be worthy of retention in the interests of the visual amenity of the area
18. No development shall commence until a detailed site specific construction method statement for all hard surfaced areas of any description within the minimum root protection areas of retained trees calculated 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 be based on a porous 'No-Dig' principle of construction, avoiding any excavation of existing levels in all areas concerned, and shall include: - a) An approved development layout plan identifying all areas where special construction measures are to be undertaken. b) Materials including porous surface finish. c) Construction profile/s showing existing /proposed finished levels together with any grading of levels proposed adjacent to the footprint in each respective structure. d) Program and method of implementation and arboricultural supervision.
The Construction Method Statement shall be implemented in full accordance with the approved scheme, under arboricultural supervision, prior to the occupation of the dwelling. The No Dig structure shall be retained in perpetuity thereafter.
REASON: In order to alleviate any adverse impact on the root systems and the long term health of retained trees, in the interests of the visual amenity of the area. [Relevant Policies: BFBLP EN1 and EN20, CSDPD CS7]
19. No development shall commence 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 (RPAs) 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 Construction Method Statement shall be observed, performed and complied with in full accordance with the approved details.
76 REASON: - In order to safeguard tree roots and thereby safeguard trees in the interests of the visual amenity of the area.
20. No development shall commence until: (i) a site layout plan at a minimum scale of 1:200 showing the proposed layout of all underground services and external lighting and (ii) a programme for the phasing and timing of works have been submitted to and approved in writing by the Local Planning Authority.
Details of the site layout plan shall include: - a) Accurate trunk positions and canopy spreads of all retained trees/hedgerows and mature groups of shrubs. b) Surface water/ foul drainage and associated inspection chambers (existing reused and new) c) Soak-aways (where applicable) d) Gas, electricity, telecom and cable television. e) Lighting columns and all associated ducting for power supply. f) Phasing and timing of works.
The development shall be carried out in full accordance with the approved site layout and the approved programme.
REASON: - In order to safeguard tree roots and thereby safeguard existing trees and other vegetation considered worthy of retention and to ensure new soft landscape planting areas are not adversely affected and can be used for their approved purpose, in the interests of the visual amenity of the area.
21. No development shall commence until a scheme for the open space within the site has been submitted to and approved in writing by the Local Planning Authority. The scheme shall also include details of its provision, layout, soft and hard landscaping, landscaping, management and the ensuring of the future maintenance thereof in perpetuity. The open space shall be provided in accordance with the approved scheme in perpetuity.
Prior to first occupation of the approved building, the open space shall be provided in accordance with the approved scheme and will be made publicly accessible open space and maintained thereafter in perpetuity. REASON: To ensure the site provides adequate open space. [Relevant Plans and Policies: BFBLP CS16]
22. No development shall commence until:- (i) all the buildings/structures on the site and any trees to be felled have been further surveyed for the presence of bats, (in accordance with the Ecological Appraisal October 2019 and (ii) the further survey has been submitted to and approved by the Local Planning Authority, and (iii) either the Local Planning Authority have agreed that no relocation of bats is necessary or the relocation of an bats has been achieved in accordance with mitigation and monitoring proposals previously submitted in writing to and approved by the Local Planning Authority. REASON: In the interests of nature conservation [Relevant Plans and Policies: Core Strategy CS1]
23. No development shall commence until a scheme has been submitted to and approved in writing by the Local Planning Authority, to accommodate:
77 (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. REASON: In the interests of amenity and road safety.
24. The existing dwelling and stable barn shown to be demolished on plan 020/01 shall be demolished and the site thereof cleared and landscaped in accordance with the details to be submitted to and approved by the Local Planning Authority, before the earliest of the following dates: (a) The date one calendar year following the commencement of building operations in respect of the building hereby approved: (b) The date one calendar month following the first occupation of the approved building. REASON: In the interests of visual amenities and the need to protect and maintain the open character of the Countryside. [Relevant Policies: BFBLP EN8, Core Strategy DPD CS9]
25. No development shall commence until details of a scheme (Working Method Statement) to control the environmental effects of the demolition and construction work has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include:
(i) control of noise (ii) control of dust, smell and other effluvia (iii) control of surface water run off (iv) site security arrangements including hoardings (v) proposed method of piling for foundations (vi) construction and demolition working hours (vii) hours during the construction and demolition phase, when delivery vehicles or vehicles taking materials are allowed to enter or leave the site The development shall be carried out in accordance with the approved scheme.
REASON: In the interests of the amenities of the area. [Relevant Policies: BFBLP EN25]
26. Should any unforeseen contamination be encountered during the development, the developer shall inform the Local Planning Authority immediately. Any subsequent investigation/remedial/protective works deemed necessary by the LPA shall be carried out to agreed timescales and approved by the LPA in writing. If no contamination is encountered during the development, a letter confirming this fact shall be submitted to the LPA upon completion of the development.
REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. [Relevant Policies: BFBLP EN25]
78 27. No dwelling shall be occupied until an Energy Demand Assessment has been submitted to and approved in writing by the Local Planning Authority. This shall demonstrate that:
i) before taking account of any on-site renewable energy production 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 ii) a proportion of the development's energy requirements will be provided from on-site renewable energy production (which proportion shall be 20%). REASON: In the interests of the sustainability and the efficient use of resources. [Relevant Plans and Policies: CSDPD Policy CS12]
28. No dwelling shall be occupied until a Sustainability Assessment 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: Core Strategy DPD CS10]
29. No dwelling shall be occupied until details of on-site refuse storage (including any open air storage facilities) for waste material awaiting disposal (including details of any screening) have been submitted to and approved in writing by the Local Planning Authority. Such facilities shall be provided in accordance with the approved details prior to the first occupation of the development and thereafter permanently retained. REASON: To ensure the provision of satisfactory waste collection facilities in the interests of amenity. [Relevant Policies: BWLP WLP6 and WLP9]
79 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. This planning permission contains certain conditions that state 'before development commences' or 'prior to commencement of any development' (or similar). As a result these must be discharged prior to ANY development activity taking place on site (including any initial clearance works). Commencement of development without having complied with these conditions will make any development unauthorised and possibly subject to enforcement action such as a Stop Notice. If the conditions have not been subsequently satisfactorily discharged within the time allowed to implement the permission then the development will remain unauthorised. This may be highlighted in any subsequent search carried out on the property/ properties.
03. Trees on and adjacent to this site are protected by a Tree Preservation Order. In simple terms, detailed written consent must be therefore obtained from the Council's Tree Section before undertaking any form of work to such trees (including any work affecting their root systems), unless detailed works to such trees have been specifically approved in writing as a part of this planning permission. Any pruning or removal of trees without the necessary consent or any damage arising from non compliance with other conditions of this permission or otherwise may be liable to prosecution by the Council. This may be in addition to any enforcement action deemed appropriate for non compliance with relevant planning conditions. Property owners, developers and/ or any other relevant persons are therefore advised to take appropriate measures to ensure that all persons responsible for overseeing works approved under this permission are suitably briefed on this matter.
80 Agenda Item 10
ITEM NO: 08 Application No. Ward: Date Registered: Target Decision Date: 20/00015/FUL Central Sandhurst 17 January 2020 13 March 2020 Site Address: Land To The Rear Of 147 Yorktown Road Sandhurst Berkshire GU47 9BN Proposal: Erection of two bed detached bungalow with access from Travis Lane. Applicant: Mr Tommy Lee Agent: Mr David J Wood Case Officer: Alys Tatum, 01344 352000 [email protected]
Site Location Plan (for identification purposes only, not to scale)
© Crown Copyright. All rights reserved. Bracknell Forest Borough Council 100019488 2004
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OFFICER REPORT
1. SUMMARY
1.1 The proposed development relates to a site within the settlement boundary and is therefore acceptable in principle.
1.2 The proposal would not adversely impact upon the character and appearance of the surrounding area. The proposal would not adversely affect the residential amenities of neighbouring residential units. There would be no adverse highway safety implications.
1.3 Relevant conditions will be imposed. The scheme is CIL liable.
1.4 The site is located approximately 0.72km from the boundary of the SPA and therefore is likely to result in an adverse effect on the SPA, unless it is carried out together with appropriate avoidance and mitigation measures which can be secured through a S106 agreement.
RECOMMENDATION Planning permission be granted subject to the conditions in Section 11 of this report and a section 106 agreement relating to mitigation measures for the SPA.
2. REASON FOR REPORTING APPLICATION TO COMMITTEE
2.1 The application has been reported to the Planning Committee following the request of Councillors Dudley and Brossard due to concerns regarding the access from a private road.
3. PLANNING STATUS AND SITE DESCRIPTION
PLANNING STATUS Within a defined settlement boundary Within 5km of the Thames Basin Heath SPA Area D, Sandhurst Central, of the Sandhurst Character Area Assessments SPD
3.1 The proposal site currently forms part of the rear garden of 147 Yorktown Road, a semi- detached two storey dwelling. The new dwelling would be accessed from Travis Lane, a private residential road, located to the north of the site which leads off the adopted highway, Yorktown Road. There is an existing vehicular access to the site from Travis Lane leading to a garage and informal off-street parking for 147 Yorktown Road.
3.2 The proposal site is situated within the settlement boundary of Sandhurst and within character Area D, Sandhurst Central, of the Sandhurst Character Area Assessment SPD.
3.3 The Design and Access Statement makes reference to a TPO tree on the boundary with the adjacent property, however the Council records confirm that there are no TPO trees on the site or adjacent to the site.
4. RELEVANT SITE HISTORY
4.1 The most recent applications relating to the site are:
18/00248/FUL - Erection of outbuilding including garage following demolition of existing garage. Approved 05.06.2018
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16/00301/FUL - Erection of a 2m fence with gate to the rear of the property. Approved 04.07.2016
12806 - Residential development rear of 147 Yorktown Road. Refused. 01.01.1967
12349 - Residential development rear of 147 Yorktown Road. Refused 01.01.1966
19974 - 2 storey rear extension to form kitchen, bedrooms and WC. Approved 01.01.1973
32204 - Erection of porch. Approved 01.01.1981
5. THE PROPOSAL
5.1 Planning permission is sought for the erection of a two-bed detached bungalow with access from Travis Lane.
5.2 The proposed bungalow would measure 12.2m wide and 7.5m deep. It would have a ridge height of 5.1m and an eaves height of 2.75m. The dwelling would benefit from an entrance hallway, kitchen/diner, lounge, w.c, bathroom and two bedrooms. To the front, off street parking is provided for three cars, 2 for the proposed dwelling and 1 for the existing dwelling, 147 Yorktown Road. A private garden is provided to the rear of the dwelling.
5.3 Amended plans were submitted during the course of the application to include an additional parking space to serve 147 Yorktown Road.
5.4 Below are the proposed site plan, elevations and floor plans:
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6. REPRESENTATIONS RECEIVED
Sandhurst Town Council
6.1 Considered no objection.
Other Representations
6.2 3 letters of objection were received from neighbouring properties. The concerns raised can be summarised as follows:
- Result in overlooking to neighbouring properties leading to loss of privacy, - Design and appearance of proposed dwelling out of keeping, - Set a precedent for other similar developments along Travis Lane, - No right of access/parking for 147 Yorktown Road along Tavis Lane which is a private unadopted road, - Harm character and appearance of Travis Lane, - Increase in traffic along Travis Lane - Cause further damage to the surface of Travis Lane - Restrict access of emergency vehicles to Travis Lane - 147 Yorktown Road currently park in the proposed location of the dwelling.
7. SUMMARY OF CONSULTATIONS RESPONSES
Highways Officer 7.1 The Highway Authority requested amendments to parking, which have not been made. Accordingly the Highway Authority maintains a highway safety related holding objection.
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8. MAIN POLICIES AND OTHER DOCUMENTS RELEVANT TO DECISION
8.1 The key policies and guidance applying to the site and the associated policies are:
Development Plan NPPF General CS1 & CS2 of CSDPD Consistent policies Design CS7 of CSDPD, Saved policy EN20 Consistent of BFBLP Noise Consistent EN25 of BFBLP Parking Saved policy M9 of BFBLP Consistent NPPF refers to LA’s setting their own parking standards for residential development, this policy is considered to be consistent. Transport CS23 of CSDPD Consistent Trees, Saved policy EN1, EN2 and EN3 of Consistent biodiversity BFBLP, CS1 of CSDPD. and landscaping Supplementary Planning Documents (SPD) Design SPD Parking standards SPD Character Area Assessments SPD Thames Basin Heaths SPA Other publications National Planning Policy Framework (NPPF) and National Planning Policy Guidance (NPPG) CIL Charging Schedule
9. PLANNING CONSIDERATIONS
9.1 The key issues for considerations are:
i. Principle of development ii. Impact on the character and appearance of surrounding area iii. Impact on residential amenity iv. Impact on highway safety v. Community Infrastructure Levy (CIL) vi. Other considerations i) Principle of Development
9.2 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that applications for planning permission must be determined in accordance with the development plan, unless material considerations indicate otherwise, which is supported by the NPPF (paragraphs 2 and
85 12). Policy CS2 of the CSDPD states that development will be permitted within defined settlements. This is provided that the development is consistent with the character, accessibility and provision of infrastructure and services within that settlement. The above policy is considered to be consistent with the NPPF, and as a consequence is considered to carry significant weight.
9.3 The site is located in a residential area that is within the defined settlement on the Bracknell Forest Borough Policies Map (2013). As a result, the proposed development is considered acceptable in principle, subject to no adverse impact on the amenity of the neighbouring occupiers and upon the character and appearance of the area, highway safety, sustainability etc. ii) Impact on Character and Appearance of Surrounding Area
9.4 'Saved' Policy EN20 of the BFBLP states that development should be in sympathy with the appearance and character of the local environment and appropriate in scale, mass, design, materials etc. Policy CS7 of the CSDPD states that the council would require high quality design for all development in Bracknell Forest. Development proposals would be permitted which build on the urban local character, respecting local patterns of development. Paragraph 124 of the NPPF emphasises the importance of good design as key to making places better for people to live. Additionally, paragraph 130 of the NPPF states that the design of development should help improve the character and quality of an area and the way it functions.
9.5 The site is located within Area D, Sandhurst Central, of the Sandhurst Character Area Assessment SPD. This character area is outlined in the SPD to be more varied however its main influences are elements of the Victorian development pattern, most importantly the linear street layout. It specifically outlines that the triangle of housing to the north of Yorktown Road which is bounded by Brookside and Green Lane, and which includes the site, is tight knit with a very varied mix of plot sizes and shapes, bounded by a mix of landscape treatments. It also states that small and varied infill development and redevelopment of individual plots is acceptable and may not be detrimental to the character of this area.
9.6 The proposal would constitute a form of backland development, located to the rear of 147 Yorktown Road. However, as it would be accessed from Travis Lane and would front onto this lane, it would form part of its street scene. Currently, there are only two properties on the northern side which front on to the Travis Lane. The reminder of the northern side of Travis Lane forms the flank boundary of a property facing on to Green Lane. The southern side of Travis Lane consists of the rear boundaries of properties facing Yorktown Road. There are however, a number of existing outbuildings and parking areas situated at the bottom of the rear gardens of these properties which are readily visible from Travis Lane. The proposal site also had permission to construct a larger garage and a more formal access and parking area under reference 18/00248/FUL. Whilst the proposed dwelling would be the first dwelling to be facing on to Travis Lane from the southern side, it is not considered that this would be detrimental to the character of the area. As outlined in the Character Area Assessments SPD, the area is very varied with little coherent in character. The subdivision of the plot would create two smaller plots, however this in itself is not considered to be harmful to the character of the area as plot sizes are varied.
9.7 The proposal would be a detached single storey dwelling and would incorporate a hipped roof with low eaves and ridge height. The dwelling would be set back from Travis Lane allowing space for on-site parking and landscaping to its front. For these reasons, it is not considered that the proposed dwelling would have a prominent appearance along Travis Lane or from the wider surrounding area. A landscaping condition can also be included on any permission to soften the appearance of the dwelling.
9.8 A concern raised by the neighbours is the potential for this application, if approved, to set a precedent for further developments along Travis Lane which would cause further detriment to the character of the area. However, each application is assessed on its own individual merit and the
86 approval of this application does not necessarily mean that dwellings can be built in every rear garden along Yorktown Road as each site varies in scale and characteristics.
9.9 It is also worth noting that consideration has been given to previous applications for a new dwelling at the junction between Travis Lane and Green Lane. Application reference 01/00832/FUL for the erection of a 1 no.4 bedroomed dwelling with integral garage and associated access was refused and subsequently dismissed at appeal. The impact on the character of the area was one of the reasons for dismissing the appeal however the proposal was for a two- bedroom dwelling on a corner plot which the Inspector considered would result in the introduction of an incongruous element in the street scene. The current proposal therefore differs from what was proposed and dismissed under this appeal and it is not therefore considered that approving this application would contradict previous appeal decisions.
9.10 Based on the above, the proposal would not adversely affect the character and appearance of the surrounding area and would be in accordance with 'Saved' policy EN20 of the BFBLP, Policy CS7 of CSDPD and the NPPF. iii) Impact on Residential Amenity
9.11 'Saved' policy EN20 of the BFBLP states that development will not adversely affect the amenity of surrounding properties and adjoining area. Paragraph 127 of the NPPF states that the Local Planning Authority should ensure high quality amenity for all existing and future occupants of land and buildings.
9.12 The proposed dwelling would be visible from the adjoining sites as its overall height would exceed that of existing boundary treatments. Although visible, it is not considered that the dwelling would be unduly overbearing to the immediate neighbours due to its scale, set back from the boundaries, and unobtrusive design with a hipped roof.
9.13 Being single storey, all habitable room windows of the dwelling would be situated on the ground floor, specifically on the front and rear elevation of the dwelling with no windows situated on the flank elevations. It is considered that the separation distance of approximately 19m between the proposed dwelling and the dwelling to the rear (147 Yorktown Road), and at least 14m from the dwellings on the opposite side of Travis Lane, are sufficient to prevent any overlooking of, or loss of privacy to these adjoining/nearby properties. Furthermore, the existing boundary screening would prevent any direct loss of privacy to the rear gardens of no. 145 and 151 Yorktown Road.
9.14 In terms of loss of light, the dwelling would not breach any light angles, and its low height would not cause any significant overshadowing to neighbouring properties.
9.15 The garden area for the proposed new dwelling and the remaining garden area of 147 Yorktown Road are both considered sufficient in terms of providing adequate amenity area for the occupiers of both dwellings.
9.16 As such, the proposal would not be considered to adversely affect the residential amenities of neighbouring occupiers or future occupiers of the proposed development and would be in accordance with 'Saved' policies EN20 and EN25 of the BFBLP and the NPPF. iv) Impact on Highway Safety
9.17 Paragraph 109 of the NPPF states that development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe. Policy CS23 of the Core Strategy states that development will be permitted where mitigation against the transport impacts which may arise
87 from that development or cumulatively with other proposals is provided. 'Saved' Policy M9 of the BFBLP ensures that development provides satisfactory parking provision.
9.18 The proposed dwelling would be accessed from Travis Lane, an unadopted road. It was observed during the site visit that the surface of the lane is in poor condition. Furthermore, the neighbours have raised concern that the occupiers of the proposed dwelling and also 147 Yorktown Road do not have a right of way along Travis Lane. Both these issues relating to the unadopted road are civil matters that the Local Planning Authority does not get involved with. As such, limited weight can be given to these issues relating to the unadopted road in the assessment of the application.
9.19 147 Yorktown Road is currently served by one parking space to the front of the dwelling accessed from Yorktown Road and further informal parking spaces to the rear of the dwelling, accessed via an existing access from Travis Lane.
9.20 The proposed new dwelling would be served by two parking spaces to the front, accessed from Travis Lane. 2 spaces to serve the proposed two-bedroom dwelling would be in accordance with the requirements of the Council’s Parking Standards SPD.
9.21 A further parking space is provided to the front of the proposed new dwelling however this is allocated to 147 Yorktown Road with pedestrian access provided down the side of the new dwelling, providing access to 147 Yorktown Road via the rear garden. The existing dwelling would therefore be served by the proposed new parking space off Travis Lane and the existing parking space to the front of the dwelling, accessed from Yorktown Road, resulting in a total of two off- street parking spaces. For a three-bedroom dwelling, this is sufficient, complying with the Council’s Parking Standards SPD. A planning condition can be included to ensure that the parking layout is implemented prior to commencement of work on the construction of the new dwelling to ensure that sufficient parking is provided for 147 Yorktown Road.
9.22 The Highway Authority has requested that a further third parking space is provided off Travis Lane to serve the existing property as there is concern over the safety of the use of the existing parking space to the front of 147 Yorktown Road in terms of visibility and proximity to the pedestrian crossing. However, three parking spaces would result in a surplus of one space above that required under the Parking Standards SPD. Weight also needs to be given to the fact that the parking space from 147 Yorktown Road is an existing space that can currently be utilised. As such, it is not considered reasonable to request a further parking space to serve 147 Yorktown Road in this instance.
9.23 A Construction Traffic Management Plan is required for residential amenity and highway safety on Travis Lane in particular, but also the surrounding public highway. This could be secured by planning condition.
9.24 A cycle store is proposed to be located in the rear garden with space for two bikes. A bin store is allocated to the front of the dwelling. The implementation of these stores prior to occupation of development can be secured by conditions. On bin collection days, the occupiers of the new dwelling would need to take their bins to the end of Travis Lane as is the situation currently with other residents.
9.25 Based on the above, and subject to conditions, the proposal would not be considered to have a detrimental impact on highway safety and would be in accordance with 'Saved' policies M9 of the BFBLP, C23 of the CSDPD and the NPPF. v) Community Infrastructure Levy (CIL)
88 9.26 Bracknell Forest Council introduced charging for its Community Infrastructure Levy (CIL) on 6th April 2015. CIL is applied as a charge on each square metre of new development. The amount payable varies depending on the location of the development within the Borough and the type of development.
9.27 CIL applies to any new build (except outline applications and some reserved matters applications that leave some reserved matters still to be submitted) including new build that involves the creation of additional dwellings.
9.28 The proposal is therefore CIL liable in accordance with the Council's CIL charging schedule as the proposal results in a net increase of one dwelling. vi) Thames Basin Heaths SPA
9.29 The Council, in consultation with Natural England, has formed the view that any net increase in residential development between 400m and 5km straight line from the Thames Basin Heath Special Protection Area (SPA) is likely to have significant effect on the integrity of the SPA, either alone or in combination with other plans or projects, An appropriate assessment has been carried out including mitigation requirements.
9.30 The site is located approximately 0.72km from the boundary of the SPA and therefore is likely to result in an adverse effect on the SPA, unless it is carried out together with appropriate avoidance and mitigation measures.
9.31 On commencement of the development, a contribution (calculated on a per-bedroom basis) is to be paid to the Council towards the cost of measures to avoid and mitigate against the effect upon the Thames Basin Heaths SPA, as set out in the Council's Thames Basin heaths Special Protection Area Supplementary Planning Document (SPD). The strategy is for relevant development to make financial contributions towards the provision of Suitable Alternative Natural Greenspace (SANGs) in perpetuity as an alternative recreational location to the SPA and financial contributions towards SANG enhancement works through Community Infrastructure Levy (CIL) payments whether or not this development is liable to CIL.
9.32 In this instance, the development would result in a net increase of 1 x 2 bedroom dwelling which results in a total SANG contribution of £5,193. The development is required to make a contribution towards Strategic Access Management and Monitoring (SAMM) which is also calculated on a per bedroom basis. Taking account of the per bedroom contributions this results in a total SAMM contribution of £526.
9.33 The total SPA related financial contribution for this proposal is £5,719. The applicant must agree to enter into a S106 agreement to secure this contribution and a restriction on the occupation of each dwelling until the Council has confirmed that open space enhancement works to a SANG is completed. Subject to the completion of the S106 agreement, the proposal would not lead to an adverse effect on the integrity of the SPA and would comply with SEP Saved Policy NRM6, Saved Policy EN3 of the BFBLP and CS14 of the CSDPD, the Thames Basin Heaths Special Protection Area SPD. viii) Sustainability
9.34 CSDPD Policy CS10 requires the submission of a Sustainability Statement demonstrating how the proposals meet current best practice standards for water efficiency aimed at achieving an average water use in new dwellings of 110 litres/person/day. No such statement has been submitted in support of the application, therefore a condition is recommended requiring the submission of a Sustainability Statement prior to the occupation of the development in accordance with CSDPD Policy CS10 and the NPPF.
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9.35 The Renewable Energy officer has made reference to CSDPD Policy CS12, which requires under paragraph 147 for development proposal for less than five net additional dwellings to provide at least 10% of their energy requirements from on-site renewable energy generation. As highlighted in the Council's Sustainable Resource Management Supplementary Planning Document (http://www.bracknell-forest.gov.uk/srm), an energy demand assessment should be submitted and include the following:
- An assessment of the predicted energy demand of the proposed development including all on- site energy requirements, such as street lights, car park lighting, heating and lighting of communal areas and lifts; - An assessment of the predicted C02 emissions generated by the proposal; - Key energy efficient design measures, including consideration of heating and cooling system; - Choice of renewable energy technology; - A summary of the above information.
9.36 No such assessment has been submitted in support of the application, therefore a condition is recommended requiring the submission of an Energy Demand Assessment prior to the commencement of development in accordance with CSDPD Policy CS12 and the NPPF.
10. CONCLUSIONS
10.1 It is considered that the development which would result in a subdivision of a plot would be acceptable in principle due to the site being located within the settlement boundary. It would not result in an adverse impact on the character and appearance of the street scene or wider surrounding area, or highway safety, nor would the development result in an adverse impact on the residential amenity of the occupiers of the neighbouring properties or future occupiers of the proposed development. It is therefore considered that the proposed development complies with 'Saved' policies EN1, EN8, and EN20 of the BFBLP, Policies CS1, CS2, CS7 and CS9 of the CSDPD, Character Area Assessments SPD and the NPPF.
10.2 Therefore the application is recommended for conditional approval subject to
11. RECOMMENDATION
11.1 Following completion of planning obligations under Section 106 of the Town and Country Planning Act 1990 relating to the following measures:
- Avoidance and mitigation of the impact of residential development upon the Thames Basin Heaths Special Protection Area (SPA);
That the Head of Planning be authorised to APPROVE application 20/00015/FUL subject to the following conditions amended, added to or deleted as the Head of Planning considers necessary:
01. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
REASON: To comply with Section 91 of the Town and Country Planning Act 1990.
02. The development hereby permitted shall be carried out only in accordance with the following approved plans received by the Local Planning Authority on 16.01.2020 and 09.04.2020:
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Proposed floor plan and elevations, drawing no. 2505/4 Proposed parking plan, drawing no. part 2505/4 Site plan, drawing no.2505/5A
REASON: To ensure that the development is carried out only as approved by the Local Planning Authority.
03. No construction works shall take place until brick and tile samples 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, Core Strategy DPD CS7]
04. The dwelling hereby permitted shall not be occupied until hard and soft landscaping, including boundary treatments and other means of enclosure, has been provided for that dwelling in accordance with a scheme submitted to and approved in writing by the Local Planning Authority. The scheme shall include a 3 year post planting maintenance schedule.
All planting comprised in the soft landscaping works shall be carried out in accordance with British Standard 4428:1989 'Code Of practice For General Landscape Operations' or any subsequent revision and completed in full accordance with the approved scheme.
All trees and other plants included within the approved details shall be healthy, well- formed specimens of a minimum quality that is compatible with British Standard 3936:1992 (Part 1) 'Specifications For Trees & Shrubs' and British Standard 4043 (where applicable) or any subsequent revision.
Any trees or other plants which within a period of 5 years from the completion of the development, die, are removed, uprooted, are significantly damaged, become diseased or deformed, shall be replaced during the next planting season (1st October to 31st March inclusive) with others of the same size, species and quality as approved.
REASON: In the interests of good landscape design and the visual amenity of the area. [Relevant Policies, BFBLP EN2 and EN20, CSDPD CS7]
05. The dwelling hereby approved shall not be occupied until the means of vehicular access from Travis Lane to serve the approved dwelling has been constructed in accordance with the approved drawings.
REASON: In the interests of highway safety [Relevant Policies: BFBLP M9, Core Strategy DPD CS23]
06. The dwelling hereby approved shall not be occupied until the associated vehicle parking and turning space for the approved dwelling has been implemented in accordance with the approved drawings. The spaces shall thereafter be kept available for parking at all times.
REASON: To ensure that the development is provided with adequate car parking to prevent the likelihood of on-street car parking which would be a danger to other road users. [Relevant Policies: BFBLP M9, Core Strategy DPD CS23
91 07. The dwelling hereby approved shall not be occupied until 2 secure and covered cycle parking spaces have been provided in the location identified for cycle parking on the approved plans within the development. The cycle parking spaces and facilities shall thereafter be retained. REASON: In the interest of accessibility of the development to cyclists. [Relevant Policies: BFBLP M9, Core Strategy DPD CS23]
08. The development hereby permitted shall not commence until the access and parking space for no.147 Yorktown Road has been implemented in accordance with the approved drawings. The space shall thereafter be kept available for parking at all times.
REASON: To ensure that the development is provided with adequate car parking to prevent the likelihood of on-street car parking which would be a danger to other road users. [Relevant Policies: BFBLP M9, Core Strategy DPD CS23]
09. The development hereby permitted shall not commence 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)Temporary portacabins and welfare for site operatives (e) wheel washing facilities 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. REASON: In the interests of amenity and road safety. [Relevant Policy: CSDPD CS23, BFBLP M9]
10. The dwelling shall not be occupied 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: Core Strategy DPD CS10
11. No construction works shall take place until an Energy Demand Assessment demonstrating that at least 10% of the development's energy will be provided from on-site renewable energy production, has been submitted to and approved in writing by the Local Planning Authority. The dwelling as constructed shall be carried out in accordance with the approved assessment and retained as such thereafter.
REASON: In the interests of sustainability and the efficient use of resources. [Relevant Policy: Core Strategy DPD CS12]
12. The development shall incorporate surface water drainage that is SuDS compliant and in accordance with DEFRA "Sustainable Drainage Systems - Non-statutory technical standards for sustainable drainage systems" (March 2015). The surface water drainage works shall be completed before occupation of the dwellings hereby permitted and shall be operated and maintained as such thereafter.
92 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]
Informatives
01. The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.
02. The applicant is advised that the following conditions require discharging prior to commencement of development:
03 Materials 04. Hard and soft landscaping 08. Parking for 147 Yorktown Road 09. Construction Management Plan 11. Energy Demand Assessment
The following conditions require discharge prior to the occupation of the dwellings hereby approved:
05. Access 06. Parking layout 07. Cycle parking 10. Sustainability Statement
No details are required to be submitted in relation to the following conditions; however, they are required to be complied with:
01. Time limit 02. Approved plans 12. Drainage system(s)
03. The applicant is advised that future occupiers of the approved dwelling will need to carry their bins/refuse to the end of Travis Lane on collection days.
In the event of the S106 agreement not being completed by 30 September 2020, the Head of Planning be authorised to either extend the period further or refuse the application on the grounds of:
1.The occupants of the development would put extra pressure on the Thames Basin Heaths Special Protection Area and the proposal would not satisfactorily mitigate its impacts in this respect. 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 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, and the NPPF.
93 This page is intentionally left blank Agenda Item 11
ITEM NO: 09 Application No. Ward: Date Registered: Target Decision Date: 20/00126/FUL Priestwood And Garth 19 February 2020 15 April 2020 Site Address: Grantmoor 25 Stoney Road Bracknell Berkshire RG42 1XY Proposal: Conversion of detached dwelling and garage to form 4 no. 1 bed apartments and 1 no. 1 bed bungalow, external alterations with new windows and doors and parking Applicant: Mr & Mrs Stone Agent: Mr Alistair Lloyd Case Officer: Sarah Horwood, 01344 352000 [email protected]
Site Location Plan (for identification purposes only, not to scale)
© Crown Copyright. All rights reserved. Bracknell Forest Borough Council 100019488 2004
95 OFFICER REPORT
1. SUMMARY
1.1 The proposed development relates to a site within the settlement boundary and is therefore acceptable in principle. The proposal would result in a net increase of 4no. residential units following the sub-division of an existing dwelling into smaller units to contribute to the Council’s housing supply.
1.2 The proposal would not adversely affect the residential amenities of neighbouring occupiers and acceptable living conditions would be provided for future occupiers of the proposed dwellings. The proposal would not adversely impact upon the character and appearance of the surrounding area. Sufficient on-site parking and turning can be provided (including visitor parking), along with cycle and bin storage.
1.3 A legal agreement will secure contributions for SPA mitigation.
RECOMMENDATION Planning permission be granted subject to the conditions in Section 11 of this report and a section 106 agreement relating to mitigation measures for the SPA.
2. REASON FOR REPORTING APPLICATION TO COMMITTEE
2.1 The application has been reported to the Planning Committee following receipt of more than 5 objections.
3. PLANNING STATUS AND SITE DESCRITPION
PLANNING STATUS Land within defined settlement Within 5km of the Thames Basin Heath SPA
3.1 Grantmoor, 25 Stoney Road, is a two-storey detached dwelling with detached garage sited to the east of the highway on Stoney Road and to the south of Arlington Close. The existing vehicular access to the dwelling is from Arlington Close. To the front of the building, the land is used partly for parking and the remainder is laid to grass, trees and soft landscaping.
3.2 The surrounding area is predominately residential in character. There is a community centre and church to the west of the site.
4. RELEVANT SITE HISTORY
4.1 The most recent planning history relating to the site is:
11/00870/FUL refused for erection of games room over existing detached double garage.
12/01018/FUL approved for erection of single storey front extension and pitched roof to detached double garage.
96 5. THE PROPOSAL
5.1 Full permission is sought for the conversion of the detached dwelling and garage at 25 Stoney Road to form 4no. 1 bed apartments and 1no. 1 bed bungalow, with external alterations including new windows and doors, provision of a cycle store, bin enclosure and parking to the front.
Main house 5.2 At ground floor level, 2no. 1 bedroom units are proposed. Each would comprise an open plan kitchen and living area, 1no. bedroom and either a bathroom or shower room. There would also be a communal hallway at ground floor level which would provide access to both of the ground floor flats, along with a stairwell providing access to the first floor.
5.3 At first floor level, a further 2no. 1 bedroom units are proposed. These would each comprise open plan kitchen and living area, 1no. bedroom and a bathroom. The 2no. first floor flats would have their own private entrances from a communal hallway.
Garage conversion 5.4 Alongside the changes proposed to the main house, it is also proposed to convert the existing detached garage to a further 1no. bedroom bungalow comprising an open plan kitchen and living area, bedroom and en-suite. A mezzanine floor is also proposed in the bedroom.
5.5 Externally, the only alteration proposed to the main house would be the removal of a door at ground floor level on the rear elevation and its replacement with a window. The garage would be altered on the front and side elevations – with the garage door on the front elevation replaced with a door and window and on a side elevation; an existing door removed and replaced with a window (and 1 door retained).
97 Parking 5.6 7 parking spaces are proposed on site to serve the 5no. residential units (1 space per unit), along with the addition of 2no. visitor parking spaces.
Other changes 5.7 The rear garden of the existing dwelling would be sub-divided to provide private gardens for the 2no. ground floor units proposed in the main house, along with a private garden for the 1no. bedroom bungalow proposed by converting the existing garage.
5.8 In addition to parking, a fenced bin enclosure and cycle store are also proposed, along with the existing vehicular access from Arlington Close proposed to be widened from 3.5m to 4.1m.
6. REPRESENTATIONS RECEIVED
Bracknell Town Council 6.1 The Town Council made the following observations on the application - would like to ensure ample parking is provided within the site of this application for the potential amount of tenants and visitors avoiding any extra parking on the local roads or cul-de-sacs.
Other representations 6.2 9no. letters of objection received (from 7 separate postal addresses) which raise the following concerns (summarised): - Issue of number of parking spaces on site - Where will visitors to proposed residential units park - Will result in overspill parking on surrounding roads in the area which is already an issue - Access issues - Highway safety danger - Could amend scheme to reduce number of residential units proposed and therefore lessen parking demand on-site - Other properties on Stoney Road have their entrances onto Stoney Road. Suggest the vehicular access is relocated onto Stoney Road as part of the works and not Arlington Close and then vehicles parking on Arlington Close do not obstruct visibility for vehicles leaving the application site. This would also allow a further parking space on Arlington Close. - The property is an attractive house, originally the Rectory for a Church. Do not want to see the house sub-divided into flats and frontage turned to a parking lot. - Future tenants could generate noise if they are younger and could detract from the area which comprises predominately family homes. - The proposed conversion will lower the quality of life for nearby residents
[Officer comment: highway safety is discussed in this report under heading iv. Transport implications.]
7. SUMMARY OF CONSULTATION RESPONSES
Highways Officer 7.1 No objection subject to conditions.
98 8. MAIN POLICIES AND OTHER DOCUMENTS RELEVANT TO DECISION
8.1 The key policies and guidance applying to the site and the associated policies are:
Development Plan NPPF General CS1 & CS2 of CSDPD Consistent policies Design CS7 of CSDPD, Saved policy EN20 Consistent of BFBLP Housing CS15 of the CSDPD Consistent Parking Saved policy M9 of BFBLP Consistent NPPF refers to LA’s setting their own parking standards for residential development, this policy is considered to be consistent. Transport CS23 of CSDPD Consistent Sustainability CS10 & CS12 of CSDPD Consistent SPA SEP Saved Policy NRM6, CS14 of Consistent CSDPD Trees, Saved policy EN1, EN2 and EN3 of Consistent biodiversity BFBLP, CS1 of CSDPD. and landscaping Supplementary Planning Documents (SPD) Thames Basin Heath Special Protection Area (SPD) Parking standards SPD Other publications National Planning Policy Framework (NPPF) and National Planning Policy Guidance (NPPG) CIL Charging Schedule
9. PLANNING CONSIDERATIONS
9.1 The key issues for consideration are:
i. Principle of development ii. Impact on residential amenity iii. Impact on character and appearance of surrounding area iv. Impact on highway safety v. Trees vi. Thames Basin Heath SPA vii. Community Infrastructure Levy (CIL) viii. Sustainability ix. Drainage/SuDS
i. Principle of development
9.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that applications for planning permission must be determined in accordance with the Development Plan, unless material considerations indicate otherwise, which is supported by the NPPF (paras. 2 and 12).
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9.2 Core Strategy Policies CS1 (Sustainable Development) and CS2 (Locational Principles) are relevant and consistent with the objectives of the NPPF and can be afforded full weight. In particular, Policy CS2 permits development within defined settlements.
9.3 The application site is located within the defined settlement as designated by the Bracknell Forest Borough Policies Map (2013). As such, the proposal is considered acceptable in principle subject to no adverse impact on neighbouring properties, character and appearance of surrounding area, highway safety implications, etc. These matters are discussed below.
ii. Residential amenity
9.4 It is not considered that the conversion of the host dwelling and garage to 5no. self-contained residential units would result in such a significant level of increased activity and noise on site over and above that which could be expected from a large family residing at the property. It is therefore considered that the conversion of the dwelling and garage into 5no. residential units would not have an adverse impact upon the residential amenities of surrounding properties in respect of noise or disturbance.
9.5 Nominal external alterations are proposed to both the dwelling and the garage to create 5no. residential units of accommodation, with the addition of new windows and doors, all at ground floor level. Such changes would not result in any overlooking/loss of privacy or appear visually prominent to adjoining dwellings. As a result of the proposed conversion of the dwelling into 4no. separate residential units, all existing first floor windows would continue to serve habitable rooms - whether open plan living areas and bedrooms (whereas currently all first floor windows serve bedrooms or bathrooms) and non-habitable rooms (bathrooms) and therefore no additional overlooking/loss of privacy would result from this.
9.6 Future occupiers of the proposed residential units would be provided with acceptable living conditions, with all rooms served by windows for natural light and ventilation. Sufficient on-site parking would be provided for each residential unit, along with 2no. visitor parking spaces, and bin and cycle storage.
9.7 Three of the five residential units would have access to private outdoor amenity space following the sub-division of the existing rear garden. Whilst 2 of the proposed units (the first floor units) would not have private gardens, there is an area of green open space approximately 100m away to the north-west of the site and notwithstanding this, any future occupiers of the first floor units would be aware of there being no private amenity space provided on-site for these 2 units.
9.8 As such, the proposal would not be considered to adversely affect the residential amenities of neighbouring occupiers and acceptable living conditions would be provided for future occupiers of the proposed units. As such, the development would be in accordance with Saved Policies EN20 and EN25 of the BFBLP and the NPPF.
iii. Impact on character and appearance of area
9.9 The proposal is not considered to represent overdevelopment of the site. The proposal would result in the net gain of 4no. small 1 bedroom units in the Borough within the settlement boundary. Appropriately sized rear gardens would be provided (approximately 6-7m wide and 12m deep) for 3 of the 5 residential units proposed which would not be dissimilar in size to gardens of other dwellings in the surrounding area. Sufficient on-site parking would be provided for each unit in accordance with the Council’s Parking Standards SPD, along with the addition of 2no. visitor parking spaces. Further, bin and cycle storage would also be provided on site. The NPPF refers to
100 the effective use of land and it is considered that this proposal would comply with this objective with the benefit of a net gain of 4no. small residential units within the settlement boundary.
9.10 To the front of the converted buildings, on-site parking for 7no. vehicles would be provided, with some soft landscaping retained to the front of the proposed converted garage; in the north- western corner of the site close to the junction of Stoney Road and Arlington Close and in the south-western corner of the site. Whilst the proposed parking layout would be a dominant feature to the front of the converted buildings, this is not an uncommon feature in the immediate area where there are numerous examples of existing dwellings with frontages dominated by hard surfacing for on-site parking provision. A planning condition is recommended requiring details of hard and soft landscaping and boundary treatment to be submitted to the Council for approval in the interests of the visual amenities of the area.
9.11 The proposed sub-division of the existing dwelling into 4no. separate 1 bedroom units would have minimal impact upon the external elevation of the building itself given the only alteration proposed is the replacement of a door with a window on the rear elevation of the building at ground floor level. Such a minimal alteration would not impact upon the character of the building or surrounding area.
9.12 The existing detached garage would be converted to residential accommodation. External alterations are proposed to the western and southern elevations with the insertion of doors and windows following the removal of existing doors. It is again considered such minimal alterations would not impact upon the building or surrounding area.
9.13 As such, the development would not result in an adverse impact on the character and appearance of the area and would be in accordance with Saved Policy EN20 of the BFBLP, Policy CS7 of CSDPD and the NPPF.
iv. Transport implications
Access 9.14 It is proposed to re-use the existing access onto Arlington Close to provide access to the proposed conversion of the existing dwelling and garage on the site to form 5 one-bedroom dwellings. This existing access is circa 11.8m from the junction of Arlington Close with Stoney Road. The existing access is circa 3.5m wide and the applicant proposes to widen this to 4.1m to allow two vehicles to pass at slow speed. It is proposed to remove the gates from the site access, which is supported by the Highway Authority as they are not set sufficiently back from Arlington Close to allow a vehicle to wait whilst the gates are opened.
Car Parking 9.15 7no. parking spaces are proposed on site. This allows 2 visitor parking spaces to be provided along with 1 parking space per 1 bedroom dwelling, in accordance with Bracknell Forest Council's Parking Standards SPD, March 2016.
9.16 This will help to avoid any increase in on-street parking on Arlington Close and Stoney Road, where existing on-street parking is heavily used.
Cycle Parking 9.17 The proposed cycle store is sufficient in size to accommodate 5 cycles, in accordance with Bracknell Forest Council's Parking Standards SPD.
101 Refuse storage and collection 9.18 A location for bins is shown on the revised Proposed Plans. Council refuse vehicles would stop on-street in Stoney Road or Arlington Close to collect refuse, in the same way as for other properties.
9.19 Subject to the imposition of conditions, the proposal is considered to be in accordance with CS23 of the CSDPD, Saved Policy M9 of the BFBLP, the Parking Standards SPD and the NPPF and would not result in adverse highway safety implications.
v. Trees
9.20 There are some existing trees and vegetation in the front garden of the application site, however none of these are covered by Tree Preservation Orders, nor does the site lie within a Conservation Area.
9.21 There would be an increase in the amount of hard surfacing to the front of the building to provide additional on-site parking provision. Details of landscaping will be secured by condition which will include existing vegetation/trees to be retained on site, along with supplementary planting.
9.22 One of the proposed parking spaces would encroach into the root protection area (RPA) of an existing tree, however this area is already laid to hard surfacing and used for parking for the existing dwelling and therefore no additional impact would result to the tree. A cycle store is also proposed within the RPA of an existing tree, however this would not require excavation works for foundations.
9.23 As such, the proposed development would not adversely affect existing trees, in accordance with Saved Policy EN2 of the BFBLP and the NPPF.
vi. Thames Basin Heath SPA
9.24 The Council, in consultation with Natural England, has formed the view that any net increase in residential development between 400m and 5km straight-line distance from the Thames Basin Heath Special Protection Area (SPA) is likely to have a significant effect on the integrity of the SPA, either alone or in-combination with other plans or projects. An Appropriate Assessment has been carried out including mitigation requirements.
9.25 This site is located approximately 3.6km from the boundary of the SPA and therefore is likely to result in an adverse effect on the SPA, unless it is carried out together with appropriate avoidance and mitigation measures.
9.26 On commencement of the development, a contribution (calculated on a per-bedroom basis) is to be paid to the Council towards the cost of measures to avoid and mitigate against the effect upon the Thames Basin Heaths SPA, as set out in the Council's Thames Basin Heaths Special Protection Area Supplementary Planning Document (SPD). The strategy is for relevant developments to make financial contributions towards the provision of Suitable Alternative Natural Greenspaces (SANGs) in perpetuity as an alternative recreational location to the SPA and financial contributions towards Strategic Access Management and Monitoring (SAMM) measures. The Council will also make a contribution towards SANG enhancement works through Community Infrastructure Levy (CIL) payments whether or not this development is liable to CIL.
9.27 In this instance, the development would result in a net increase of 5 X one-bedroom dwellings replacing the existing four-bedroom dwelling which results in a total SANG contribution of £15,177.
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9.28 The development is required to make a contribution towards Strategic Access Management and Monitoring (SAMM) which will is also calculated on a per bedroom basis. Taking account of the per bedroom contributions this results in a total SAMM contribution of £1,188.
9.29 The total SPA related financial contribution for this proposal is £16,365. The applicant must agree to enter into a S106 agreement to secure this contribution and a restriction on the occupation of each dwelling until the Council has confirmed that open space enhancement works to a SANG is completed.
9.30 Subject to the completion of the S106 agreement, the proposal would not lead to an adverse effect on the integrity of the SPA and would comply with SEP Saved Policy NRM6, Saved policy EN3 of the BFBLP and CS14 of CSDPD, the Thames Basin Heaths Special Protection Area SPD and the NPPF.
vii. Community Infrastructure Levy (CIL)
9.31 Bracknell Forest Council commenced charging for its Community Infrastructure Levy (CIL) on 6th April 2015.
9.32 CIL applies to any new build (except outline applications and some reserved matters applications) including extensions of 100 square metres of gross internal floor space, or more, or new build that involves the creation of additional dwellings.
9.33 This proposal relates to the conversion of an existing 4 bedroom dwelling and garage into 5no. 1 bedroom separate residential units of accommodation. The proposed development is CIL chargeable, however as the existing dwelling and garage have been continuously occupied over the last 3 years, the floorspace can be offset and there would be a nil CIL bill.
viii. Sustainability
9.34 With regards to the requirements of Core Strategy Policies CS10 and CS12 which relate to energy sustainability and renewable energy, the application relates to the conversion of an existing dwelling and detached garage to a total of 5no. residential units.
9.35 Paragraph 2.6 of the Sustainable Resource Management Supplementary Planning Document states that proposals to convert or change the use of a building are excluded from Core Strategy Policies CS10 and CS12. As such, no submission is required with regard to Policies CS10 and CS12 of the CSDPD.
ix. Drainage
9.36 The application site is located within Flood Zone 1. A condition is recommended to ensure that the hard-surfaced areas proposed for access and on-site parking/turning are SuDS compliant.
10. CONCLUSION
10.1 The proposed development relates to a site within the settlement boundary and is therefore acceptable in principle.
103 10.2 The proposal would not adversely affect the residential amenities of neighbouring occupiers and acceptable living conditions would be provided for future occupiers of the proposed units. The proposal would not adversely impact upon the character and appearance of the surrounding area.
10.3 No adverse highway safety implications would result, with sufficient on-site parking provision for each unit, with the addition of 2no. visitor parking spaces, bin and cycle storage.
10.4 A legal agreement is required to secure contributions for SPA mitigation.
10.5 The application is therefore recommended for approval, subject to the completion of a legal agreement.
11. RECOMMENDATION
11.1 Following the completion of planning obligation(s) under Section 106 of the Town and Country Planning Act 1990 relating to measures to avoid and mitigate the impact of residential development upon the Thames Basins Heath Special Protection Area (SPA);
That the Head of Planning be authorised to APPROVE the application subject to the following conditions amended, added to or deleted as the Head of Planning considers necessary:
01. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. REASON: To comply with Section 91 of the Town and Country Planning Act 1990.
02. The development hereby permitted shall be carried out only in accordance with the following approved plans received by the Local Planning Authority on 19 February 2020 and 3 April 2020: Drawing no. STO/19/03 Drawing no. STO/19/04 Rev A REASON: To ensure that the development is carried out only as approved by the Local Planning Authority.
03. No dwelling shall be occupied until a scheme depicting hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include a 3 year post planting maintenance schedule. All planting comprised in the soft landscaping works shall be carried out 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. 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 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 approved. The areas shown for soft landscaping purposes on the approved plans shall thereafter be retained as such. REASON: In the interests of good landscape design and the visual amenity of the area. [Relevant Policies: BFBLP EN2 and EN20, CSDPD CS7]
104 04. No dwelling shall be occupied 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 dwellings approved in this permission. REASON: In the interests of the visual amenities of the area and to safeguard existing retained trees, hedges and shrubs. [Relevant Plans and Policies: BFBLP EN20, CSDPD CS7]
05. No dwelling shall be occupied until the vehicle parking and turning space has been surfaced and marked out in accordance with the approved drawings. The spaces shall thereafter be kept available for parking and turning at all times. REASON: To ensure that the development is provided with adequate car parking to reduce the likelihood of on-street car parking and reversing of vehicles onto Arlington Close which would be a danger to other road users. [Relevant Policies: BFBLP M9, CSDPD CS23]
06. There shall be no restrictions on the use of the car parking spaces shown on the approved drawings for the occupiers of, or visitors to, any of the dwellings hereby permitted, with the exception of the "accessible space" shown on the approved plan which may be allocated to one of the dwellings hereby permitted if that dwelling has a resident with a defined need for disabled parking. 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 Plans and Policies: BFBLP M9]
07. No dwelling shall be occupied until 5 secure and covered cycle parking spaces have been provided in the location identified for cycle parking on the approved drawing plan within the development. The cycle parking spaces and facilities shall thereafter be retained as such. REASON: In the interests of accessibility of the development to cyclists. [Relevant Policies: BFBLP M9, CSDPD CS23]
08. No gates shall be provided at the vehicular access to the site. REASON: In the interests of highway safety. [Relevant Policies: CSDPD CS23]
09. No dwelling shall be occupied until the width of the internal access driveway leading onto Arlington Close has been widened to 4.1m as shown on the approved drawing. REASON: In the interests of highway safety. [Relevant Policies: CSDPD CS23]
10. No dwelling shall be occupied until the dropped kerb onto Arlington Close which provides vehicular access to the site has been widened to at least 4.5m. REASON: To ensure that vehicles can pass at the access onto Arlington Close in the interests of highway safety. [Relevant Policies: CSDPD CS23]
11. No dwelling shall be occupied until details of on-site refuse storage for waste awaiting disposal (including details of any enclosure or screening) have been submitted to and approved in writing by the Local Planning Authority. Such facilities shall be provided in accordance with the approved details prior to the first occupation of the development and thereafter retained. REASON: To ensure the provision of satisfactory waste collection facilities in the interests of amenity.
105 12. The parking and turning areas and internal access driveway shall incorporate surface water drainage that is SuDS compliant and in accordance with DEFRA "Sustainable Drainage Systems - Non-statutory technical standards for sustainable drainage systems" (March 2015). It shall be operated and maintained as such thereafter. REASON: To prevent increased risk of flooding, to improve and protect water quality and ensure future maintenance of the surface water drainage scheme. [Relevant Policies: CSDPD CS1, BFBLP EN25]
Informatives
1. 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.
2. No details are required to be submitted in relation to the following conditions; however they are required to be complied with: 1. Time limit 2. Approved plans
5. Parking/turning spaces 6. No restrictions on parking spaces 7. Cycle parking 8. No gates 9. Width of internal access 10. Dropped kerb 12. SuDS
The following conditions require discharge prior to the occupation of the dwellings hereby approved: 3. Hard and soft landscaping 4. Boundary treatment 11. Waste disposal
3. The dropped kerb onto Arlington Close will need to be widened associated with the widened access. An application will need to be made to the Council’s Highway Authority. Information about this process is set out at: https://www.bracknell-forest.gov.uk/roads-parking-andtransport/parking/dropped-kerbs-vehicle- access/
In the event of the S106 agreement not being completed by 31 August 2020, the Head of Planning be authorised to either extend the period further or refuse the application on the grounds of:
The occupants of the development would put extra pressure on the Thames Basin Heaths Special Protection Area and the proposal would not satisfactorily mitigate its impacts in this respect. 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 Policy NRM6 of the South East Plan, Policy EN3 of
106 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).
107 This page is intentionally left blank Agenda Item 12
ITEM NO: 10 Application No. Ward: Date Registered: Target Decision Date: 20/00172/FUL Winkfield And 4 March 2020 29 April 2020 Cranbourne Site Address: Royal Berkshire Polo Club North Street Winkfield Windsor Berkshire SL4 4TH Proposal: Section 73 application to vary condition 4 (time limit for works) of planning application 16/01284/FUL for levelling and extension to No. 6 Ground and creation of irrigation pond. (For clarification; this application is to extend the time limit for levelling the field and removing the haul road to 31 October 2020.) Applicant: Royal County of Berkshire Polo Club Agent: Mr Paul Dickinson Case Officer: Paul Corbett, 01344 352000 [email protected]
Site Location Plan (for identification purposes only, not to scale)
© Crown Copyright. All rights reserved. Bracknell Forest Borough Council 100019488 2004 109 1. SUMMARY
1.1 The applicant is seeking to vary condition 4 (time limit for works) of planning application 16/01284/FUL that was approved by the Planning Committee on 12 October 2017 for the levelling of, and extension to, Polo Pitch no. 6 and creation of an irrigation pond beyond the required completion date 15 April 2020 set by planning condition 4 which approved a 52 week programme.
1.2 The applicant states that the original programme overran for two reasons. Firstly, the particularly bad and wet weather between November 2019 and February 2020 meant that the site was too wet to progress the levelling of the field in a safe and practical manner. Attempts to move material resulted in some of the expensive machinery getting stuck and they were too large and heavy to be recovered. Hence temporary stockpiles have had to be left around the site to await better weather. Secondly, the supply of soil to the site has been affected by the closure or limited working of construction sites, which are the source of the inert material being brought onto the site.
RECOMMENDATION Planning permission be granted subject to conditions in Section 11 of this report
2. REASON FOR REPORTING TO PLANNING COMMITTEE
2.1 The application has been reported to the Planning Committee following the receipt of more than 5 objections.
3. PLANNING STATUS AND SITE DESCRIPTION
PLANNING STATUS Green Belt
3.1 The site comprises one of the existing polo fields (no.6) at the Royal County of Berkshire Polo Club. The site is broadly rectangular with dimensions of about 460 m length x 250 m width. The existing site access to Pigeonhouse Lane is the access approved for the works.
3.2 The total site area (including the access) is about 12.5 ha.
3.3 No. 6 Ground is located immediately west of the main stables and all weather arena. It lies to the north of the main No 1 Ground and No 2 Ground. It is served via two existing access roads – either via the stable yard to North Street to the east or via a direct access from Pigeonhouse Lane.
4. RELEVANT SITE HISTORY
4.1 The relevant planning history for the site can be summarised as follows:
2018 18/00176/COND APPROVED Details pursuant to condition 10 (bat survey), 11 (biodiversity enhancements), and 12 (landscape scheme) of planning permission 16/01284/FUL.
2017 16/01284/FUL APPROVED Levelling and extension to No. 6 Ground and creation of irrigation pond.
2011 11/00122/FUL APPROVED
110 Change of use from fields used for grazing and exercising of polo ponies to the playing of polo.
5. THE PROPOSAL
5.1 The applicant is seeking to vary condition 4 (time limit for works) of planning application 16/01284/FUL that was approved by the planning committee on 12 October 2017 for the levelling of, and extension to, Polo Pitch no. 6 and creation of an irrigation pond.
5.2 The previous permission 16/01284/FUL granted planning permission for the levelling of an existing polo field (Ground no6.) and creation of an irrigation pond which complements a number of other polo pitches within the grounds of the Royal County of Berkshire Polo Club (RCBPC) that have recently being levelled under planning permission 11/00122/FUL.
5.3 The applicant notified the LPA in writing that the approved works relating to 16/01284/FUL had commenced on 15 April 2019 as required under planning condition 4 triggering the approved 52-week programme.
5.4 The applicant has overrun and requires an extension of 6 months ending 31 October 2020 to complete the programme.
5.5 The applicant states that the original programme overran for two reasons. Firstly, the particularly bad and wet weather between November 2019 and February 2020 meant that the site was too wet to progress the levelling of the field in a safe and practical manner. Attempts to move material resulted in some of the expensive machinery getting stuck and they were too large and heavy to be recovered. Hence temporary stockpiles have had to be left around the site to await better weather. Secondly, the supply of soil to the site has been affected by the closure or limited working of construction sites, which are the source of the inert material being brought onto the site
Approved proposal 16/01284/FUL
111 6. REPRESENTATIONS RECEIVED
Winkfield Parish Council 6.1 The Parish Council has submitted an observation stating that this work and the continued movements are detrimental to residents, and accordingly WPC wishes to see the project completed as soon as possible.
WPC requires that the conditions remain in place and are enforced: i. Hours of operation for traffic entering and exiting the site should be restricted to 9 am - 4 pm weekdays to avoid causing delays during peak times. ii. The agreed working traffic management plan is continued for the duration of these works iii. Works must be completed by October 31st 2020. iv. Damage to the surrounding highways and verges and again would ask the Officer to ensure this is reinstated. v. Any subcontractors must be made aware of and agree to abide by these conditions.
Other Representations 6.2 7 objections were received, raising the following concerns: - environmental impacts such as noise nuisance arising from this project - neighbouring residents’ impatience to the duration of ongoing works on this site - Highway Safety concerns re: speeding HGVs on the local highway network - Damage to highway network (potholes) - Frequency and extent of road sweeping to remove debris/mud from the highway - Public Right of Way (FP19) obstructed by material on the site
These are addressed within subsequent sections of this report.
7. SUMMARY OF CONSULTATION RESPONSES
7.1 Environmental Health No objection subject to conditions.
7.2 Highways Objection raised. The additional timeframe is considered excessive without details supporting at what the stage the project is in terms of the importation of material and the likely remaining number of HGV trips. [Officer comment: This is addressed later in the report]
7.3 Parks and Countryside Concerns raised. Obstruction of a public right of way namely FP19 which crosses the site east to west and passes through the centre of the polo pitch [Officer comment: This is addressed later in the report]
8. MAIN POLICIES AND OTHER DOCUMENTS RELEVANT TO THE DECISION
8.1 The primary strategic planning considerations applying to the site and associated policies are:
Development Plan NPPF General policies CS1 and CS2 of the CSDPD Consistent
Green Belt ‘Saved’ policy GB1 of the Consistent BFBLP, CS9 of CSDPD
112 Character CS7 of CSDPD, Saved policies Consistent EN2 and EN20 of BFBLP. Amenity Saved policies EN20 and EN25 Consistent of BFBLP Highways ‘Saved’ policy M9 of the BFBLP Consistent CS23 of the CSDPD Other publications National Planning Policy Framework 2019 (NPPF)
9. PLANNING CONSIDERATIONS
9.1 The key issues for consideration are: i. Principle of Development ii. Impact on Residential Amenity iii. Highway implications iv. Public Right of Way implications i. Principle of Development
9.2 The principle of development was approved under planning permission 16/01284/FUL by the Planning Committee on 12 October 2017 for levelling and extension to an existing polo field (Ground no.6) and creation of an irrigation pond within the grounds of the Royal County of Berkshire Polo Club (RCBPC) by which the project was required to be completed on 15 April 2020 in accordance planning condition 4.
ii. Impact on Residential Amenity
9.3 The local residents have grown impatient with the duration of the project and the amount of ongoing disturbance created by the continuous lorry trips to and from the site and the associated noise and dust.
9.4 Whilst these concerns were raised with Environmental Health, it is considered that the measures previously approved and the additional measures (Acoustic barriers, restrictions on deliveries etc) secured under this proposal contained within the applicant’s approved Construction Management Plan are sufficient to minimise the environmental impacts arising. However, it is important to ensure that the applicant is adhering to these requirements and that the project is completed as soon as possible within the extended timeframe. iii. Highways Implications
9.5 The scheme approved under planning permission 16/01284/FUL was anticipated to have a programme of 12 months. However, the applicant states this has overrun for two reasons due to (i) poor weather conditions between November 2019 and February 2020 and (ii) the limited availability of inert material sourced from construction sites.
9.6 Lorries access the site via an existing access to the Polo Club off the Pigeonhouse Lane (A330), a classified road which is a main traffic route capable of accommodating two way traffic with no restrictions over any traffic such as HGVs. Sightlines of 4.5m by 120m can be achieved in either direction of the existing access to cater for lorries accessing Pigeonhouse Lane (A330) which is subject to a 40mph speed limit. Whilst it is
113 acknowledged that local residents have raised concerns relating to speed on the local highway network this is a matter for police enforcement.
9.7 Concerns have arisen relating to damage (potholes) to the highway network and the Highway Authority has recommended securing a bond. However, it is considered that it would be unreasonable to seek such a remedy at this stage of the project, particularly as other construction sites are operating within the area making it difficult to attribute damage directly to a single site.
9.8 The Highway Authority has also sought information relating to the number of trip rates undertaken and/or the remaining amount of material still to imported on to the site out of the approved amount previously confirmed as 148,000 m3 to gauge an understanding as to the likely number of remaining trips that would occur over the additional 6 months now applied for to complete the project. This information has been requested; however, it is unlikely that it will be forthcoming due to the industry’s temporary shutdown due to Covid- 19. It is considered unreasonable to delay determination on this basis as once the government gives clearance the applicant wishes to commence immediately to avoid further delays. The amended condition (1) includes a delayed start to ensure that the 6 month period only commences when the site becomes operational therefore providing a level of certainty of the 6 month operational timeframe.
9.9 The approved Construction Management Plan (CMP) requires that vehicles will be cleaned, via a wheel washer, before exiting the site to prevent mud and debris tracking onto the highway. Furthermore the CMP also sets out that parts of the local highway network will also be cleaned by the use of road sweepers when required to ensure the local roads remain safe which initially was a problem but is now understood to have been addressed.
9.10 Previously the applicant confirmed that the deliveries would be made using an 8 wheeler tipper (20 tonnes capacity) and expected to average about 60 lorries per day (maximum 100) Monday to Friday between 07.30 and 17.30 hours at an average of 6 loads per hour or an average 1 load every 10 minutes. This would remain unchanged for the remainder of the project.
iv. Public Right of Way implications
9.11 The application site includes a public right of way namely FP19 which crosses the site east to west and passes through the centre of the polo pitch. The Council’s Public Rights of Way Officer was previously satisfied that the levelling of the field would not result in any long term impacts upon the public right of way, however a number of complaints have arisen stating that this particular right of way has been obstructed throughout most of the project.
9.12 The Council’s Public Rights of Way Officer is reviewing the available evidence and will be seeking to address this under separate powers provided by The Public Rights of Way Act 1990. It would be unreasonable to withhold this permission where other legislative provision is available.
10. CONCLUSIONS
10.1 Whilst it is acknowledged this construction project will continue to result in a degree of disturbance to the local residents it is also of particular importance that the project is completed with the extended timeframe.
114 10.2 It is considered that the various mitigating elements secured under the previous planning permission are sufficient to help alleviate the impacts and given the project is set to be completed within a 6 month timeframe. All conditions where applicable are also repeated.
11. RECOMMENDATION
11.1 The application is recommended to be APPROVED subject to the following conditions:
01. The developer shall notify the Local Planning Authority in writing within 21 days of the commencement of works on site. The levelling of the field authorised by this permission shall cease and the haul road (shown on the Block Plan) shall be removed and the land over which it extended returned to its former condition within 6 months of the site works commencement date. REASON: To ensure that the development is completed in a timely manner and to ensure that the Construction Management Plan is properly managed and the impacts on the amenities in the area are kept to a minimum. [Relevant Policy: CSDPD Policy CS9, BFBLP EN20]
02. The development hereby permitted shall be carried out only in accordance with the following approved plans and other submitted details as originally approved under planning permission 16/01284/FUL.
Site Location Plan - LPA received 04.07.17 MP 05 2017 Rev A - Master Plan showing public footpath network (June 2017) - LPA received 04.07.17 Phasing Plans - LPA received 29.03.17 890.02 rev B alignment of the footpath - LPA received 29.03.17 890.03 Section along footpath at eastern end of Polo Field – LPA received 22.02.17 Construction Management Plan (May 2017) - LPA received 07.06.17 Haul Road Details Plan - LPA received 29.03.17 Traffic Management Plan (on Site) - LPA received 28.02.17 Temporary Path Crossing Detail - Crossing Point A - LPA received 04.07.17 Temporary Path Crossing Detail - Crossing Point B - LPA received 04.07.17 Tree Protection Plan Scale 1-200 A3 - July 2017 - LPA received 04.07.17 Method Statement for the Removal of Temporary Haul Road and Reinstatement (July 2017) - LPA received 04.07.17 Acoustic Barrier System - LPA received 04.07.17 Ecological Report (December 2016) – LPA received 28.12.2016 Planning Statement prepared by Paul Dickinson & Associates (December 2016) Agent’s emails dated 04.07.17 and 02.08.17 (Trees T20 & T38) Arboricultural Implication Study and Tree Protection Strategy (needs to be read in association with Agents Planning Statement and Emails dated 04.07.17 and 02.08.17 with specific reference to the retention of The Oak Trees T20 and T38) 17.103 - 001 - HGVs Swept Path Analysis - LPA received 21.09.17 Site-specific flood risk assessment (December 2016)
Additional approved details under reference 18/00176/COND:
Letter from Julian Thornber, BSc (Hons) MCIEEM, AA Environmental Limited, dated 9 August 2018. 02.
115 A Biodiversity Enhancement Plan (BEP) has been prepared by AA Environmental Limited. Ref: 173409 Dated September 2018 03. Drawing 890.03 Landscape Plan prepared by Weller Designs Limited dated 7th September 2018. Surface Water Drainage Assessment prepared by HydroGeo Limited, Groundwater and Environmental Consultants dated 02/08/18.
REASON: To ensure that the development is carried out only as approved by the local Planning.
03. Details shall be submitted upon completion of the project confirming the maintenance and management of the approved SUDS features. 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]
04. No levelling work or deliveries of materials shall take place outside the hours of 07.30 and 17.30 Monday to Friday and not at any time on Saturdays, Sundays or Public Holidays. REASON: In the interests of the amenities of occupiers of neighbouring residential properties. [Relevant Policy: BFBLP EN20, EN25]
05. Access to the site shall be from Pigeon House Lane A330 only. REASON: In the interests of highway safety and to utilise the existing infrastructure (Temporary Haulage Road within the site) already in situ and avoid further impacts upon the Green Belt setting. [Relevant Policy: CSDPD CS23, BFBLP EN20]
06. The development shall be carried out in accordance with the Construction Management Plan, dated March 2017 and received by the Local Planning Authority on 29.03.17. REASON: In the interests of the amenities of occupiers of neighbouring properties and in the interests of highway safety. [Relevant Policy: CSDPD CS23, BFBLP EN20]
07. The protective fencing and other protection measures specified within the approved Tree Protection Strategy (January 2016) and Tree Protection Plan received on 04 July 2017 shall be remain insitu in the locations shown on the plan 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. No activity, including building works and storage of materials, shall occur at any time within this protected area. 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]
08. The approved scheme of biodiversity enhancements shall be performed, observed and complied with. REASON: In the interests of nature conservation [Relevant Plans and Policies: CSDPD CS1, CS7]
09. All planting comprised in the approved 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. All landscaping works shall be carried and completed prior to the use of any part of the approved development. As a minimum, the quality of all landscape works shall be carried out in accordance with British Standard 4428:1989 ‘Code Of practice For General Landscape Operations’ or any subsequent revision.
116 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. REASON: In the interests safeguarding visual amenity and promoting biodiversity [Relevant Policies: BFBLP EN1 and EN20, CSDPD CS7]
10.Within a period of 5 years from the completion of the development no retained tree, hedgerow or groups of shrubs (as specified as being retained on the approved details as part of this permission) shall be cut down, uprooted or destroyed without the prior written consent of the Local Planning Authority. Any trees, hedgerows or groups of shrubs shown to be retained on the approved plans submitted in accordance with other conditions of this consent, 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 during the nearest planting st st season (1 October to 31 March inclusive), with another tree, hedgerow or group of shrubs of the same species and size as that originally planted. REASON: In the interests safeguarding visual amenity. [Relevant Policies: BFBLP EN1 and EN20, CSDPD CS7]
11. The acoustic barriers shall remain installed as per the approved details and shall remain in situ until the completion of the approved works. REASON: In the interests of the neighbouring resident's amenities. [Relevant Plans and Policies: BFBLP EN20, EN25]
Informative(s)
01. The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.
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