PLEASE NOTE PLANS FOR ALL OF THE APPLICATIONS ON THIS AGENDA CAN BE FOUND ON OUR WEBSITE www.-forest.gov.uk

PLANNING AND HIGHWAYS COMMITTEE 26th August 2010

REPORTS ON PLANNING APPLICATIONS RECEIVED (Head of Development Management)

Case Reporting Officer Officer

5 10/00184/FUL Margaret McEvit Martin Bourne The Peel Centre Skimped Hill Lane Bracknell ( And Central Ward) Section 73 application to allow an amendment to scheme for partial refurbishment, demolition and redevelopment of shopping park, along with insertion of mezzanine floors, provision of new site access and reorganisation of parking routes through the site and provision of landscaping- comprising omission of Unit 2A, reconfiguration of Units 2B and 2C, increase in the size of Unit 3A at ground floor and mezzanine floor level, increase in the floorspace of Unit 3B, reduction in number of car parking spaces by 14 spaces including a reduction in the size of the staff parking area within the service area, alterations to the service yard and modifications to the pedestrian access and cycle spaces without compliance with conditions 02 and 21 of planning permission 09/00739/FUL. (The purpose of this application is to allow Unit 2B/2C to be occupied as a single unit with the ability to sub-divide it in the future). Recommendation: Approve.

6 10/00281/FUL Trevor Yerworth Martin Bourne Moss End Farm and Garden Centre Maidenhead Road ( With Warfield Ward) Change of use of buildings 1, 8 and 9 from agricultural to small craft workshops / artist studios within Use Class B1 together with site office, site maintenance, site security uses and storage uses ancillary to the garden centre (areas 4 and 5 on drawing 145.09.02e). Change of use of building 15 from agricultural to garden centre and of building 17 from agricultural to industrial use within Use Class B2 (part

Planning & Highways Committee 26th August 2010

retrospective). Recommendation: Approve Subject To The Completion Of Planning Obligation(s).

7 10/00283/FUL Trevor Yerworth Martin Bourne Moss End Farm and Garden Centre Maidenhead Road Warfield (Binfield With Warfield Ward) Retention of covered walkway (southern element) Recommendation: Refuse.

8 10/00284/FUL Trevor Yerworth Martin Bourne Moss End Farm and Garden Centre Maidenhead Road Warfield (Binfield With Warfield Ward) Operational works comprising the erection of a covered way (retrospective), new shop front to units 6 and 11 (retrospective), the erection of an entrance gateway feature from the main car park (retrospective), the erection of a single storey front extension to building 4a (building 19) (part retrospective) and engineering works to define and protect the area of new grass in the south east corner of the site from over running by vehicles and to make a consequential re- alignment to the access track and parking area in this part of the site. Recommendation: Approve Subject To The Completion Of Planning Obligation(s).

9 10/00340/FUL Michael Basia Polnik 25 Branksome Hill Road College Town Ruddock Sandhurst (College Town Ward) Erection of detached garage Recommendation: Approve.

10 10/00387/FUL Martin Bourne Martin Bourne Royal Military Academy Yorktown Road College Town (College Town Ward) Erection of three storey accommodation block (119 bedrooms) and single storey company offices building, with associated car parking and plant room, following demolition of existing buildings. Recommendation: Approve.

11 10/00404/FUL Laura Rain Basia Polnik 2 Rhododendron Close Ascot (Ascot Ward) Erection of single storey front/side and part single storey, part two storey rear extension. Recommendation: Approve.

Planning & Highways Committee 26th August 2010

12 10/00436/FUL Paul Corbett Basia Polnik Workshop A Church Farm Lower Church Road ( And Wellington Ward) Continued use of the site for the preparation, repair and storage of motor vehicles, together with the re-erection of the fire damaged building and the retention of the temporary mobile office building (revision of application 09/00790/FUL). Recommendation: Approve Subject To The Completion Of Planning Obligation(s).

13 10/00450/3 Ken Lusted Martin Bourne 0 Halewood Bracknell Berkshire ( South Ward) Formation of 4no. parking spaces on grassed area to rear of 1-3 Halewood (Regulation 3 application) Recommendation: Approve.

14 10/00453/T Trevor Yerworth Martin Bourne Moss End Farm and Garden Centre Maidenhead Road Warfield (Binfield With Warfield Ward) Temporary use for a period of up to three years of units 16 and 18 for: (a) storage of outdoor activities equipment by Leapfrog (retrospective); (b) office accommodation and storage of surveying equipment by Geodrive (retrospective); (c) storage of scaffolding equipment by RAM Scaffolding (retrospective); (d) storage of ice cream vans and equipment by Southern Counties Ice Cream (retrospective); (e) storage of roofing and other building materials by Moss End Roofing and Schyde (retrospective); (f) motorcycle repairs and testing by CCM Racing (retrospective); and (g) as a blacksmiths workshop by The Village Blacksmith. Recommendation: Approve Subject To The Completion Of Planning Obligation(s).

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 100 of the Local Government Act 1972 as amended.

Planning & Highways Committee 26th August 2010

PLANNING AND HIGHWAYS COMMITTEE - POLICY REFERENCES

Key to abbreviations used in the following planning reports.

BSP Berkshire Structure Plan 2001 – 2016

BFBLP Borough Local Plan BFBCS Core Strategy Development Plan Document (Submission) RMLP Replacement Minerals Local Plan WLP Waste Local Plan for Berkshire SPG Supplementary Planning Guidance SPD Supplementary Planning Document

RPG Regional Planning Guidance RSS Regional Spatial Strategy (also known as the South East Plan)

PPG (No.) 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

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 detailed consideration of any Convention Rights affected.

Planning & Highways Committee 26th August 2010