land within bracknell town centre millennium way bracknell...

Planning & Highways Committee 23rd September 2010

ITEM NO: 5 Application No. 10/00434/EXT

Ward: Wildridings And Central

Date Registered: 5 July 2010

Target Decision Date: 4 October 2010

Site Address: Land Within Bracknell Town Centre Millennium Way Bracknell Berkshire

Proposal: Demolition of buildings and redevelopment within Bracknell Town Centre for a mix of uses including retail use, food and drink uses, leisure uses, residential accommodation, business uses, police station, magistrates court, British Legion building, civic facilities including library and Council offices, community health centre, hotels, education facilities, energy centre, new bus station, car parking spaces, new means of access, public open space, associated servicing, highway works and integrated transport measures, landscaping and improvements to the public realm without compliance with conditions 1, 2, 6, 9, 13, 19, 27, 37, 38, 39, 40, 41, 42, 46, 47, 48, 49, 50, 51, 52, 54, 55, 56, 58, 63 and 67 of outline planning permission 04/01129/OUT. Application for listed building consent for removal of modern wall which is attached to an old wall which forms part of the Old Manor Public House. (Works required to allow the comprehensive redevelopment of Bracknell Town Centre.) Note for Clarification: This application is an extension of the time limit to implement an existing planning permission (07/00623/OUT) and an existing Listed Building Consent (04/01130/LB).

Applicant: Bracknell Regeneration Ltd Partnership Agent: Deloitte LLP T/a Drivers Jonas Deloitte Case Officer: Margaret McEvit, 01344 352000

[email protected] Site Location Plan (for identification purposes only, not to scale) 1 RELEVANT PLANNING HISTORY (If Any)


1 RELEVANT PLANNING HISTORY (If Any)

04/01129/OUT Validation Date: 22.11.2004 Outline application (including partial siting and means of access) for the demolition of buildings and redevelopment within Bracknell Town Centre for a mix of uses including retail use, food and drink uses, leisure uses, residential accommodation, business uses, police station, magistrates court, British Legion building, civic facilities including library and Council offices, community health centre, hotels, education facilities, energy centre, new bus station, car parking spaces, new means of access, public open space, associated servicing, highway works and integrated transport measures, landscaping and improvements to the public realm. Approved With A Legal Agreement 04/01130/LB Validation Date: 22.11.2004 Application for listed building consent for removal of modern wall which is attached to an old wall which forms part of the Old Manor Public House. Works required to allow the comprehensive redevelopment of Bracknell Town Centre. Approved 07/00623/OUT Validation Date: 25.06.2007 Section 73 to allow demolition of buildings and redevelopment within Bracknell Town Centre for a mix of uses including retail use, food and drink uses, leisure uses, residential accommodation, business uses, police station, magistrates court, British Legion building, civic facilities including library and Council offices, community health centre, hotels, education facilities, energy centre, new bus station, car parking spaces, new means of access, public open space, associated servicing, highway works and integrated transport measures, landscaping and improvements to the public realm, without compliance with conditions 1, 2, 6, 9, 13, 19, 27, 37, 38, 39, 40, 41, 42, 46, 47, 48, 49, 50, 51, 52, 54, 55, 56, 58, 63 and 67 of outline planning permission 04/01129/OUT. Approved With A Legal Agreement 08/00730/FUL Validation Date: 31.07.2008 Erection of 2no. B1 office buildings (12,300 sq m) with associated car parking following demolition of existing buildings. Approved With A Legal Agreement

2 RELEVANT PLANNING POLICIES Key to abbreviations SEP The South East Plan BFBCS Core Strategy Development Plan Document BFBLP Bracknell Forest Borough Local Plan RMLP Replacement Minerals Local Plan WLP Waste Local Plan for Berkshire SPG Supplementary Planning Guidance SPD Supplementary Planning Document 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 Plan Policy Description (May be abbreviated) See Summary of reasons for decisions.


3 CONSULTATIONS (Comments may be abbreviated) Listed Building Advisor No objection. The Environment Agency No objection. Highways Agency No objection to extension of time in principle but concerned that an extension of time for more than 3 years could invalidate the transport assessment. Natural England Proposal unlikely to have a significant effect upon the integrity of the SPA due to the extensive mitigation measures proposed. Biodiversity Officer Conclusions of the ES Addendum that habitat and species within the town centre are accepted, however there are several opportunities for improving biodiversity within the town centre which could be incorporated into the landscape strategy for the site. The Bracknell town centre Biodiversity Action Plan is welcomed in principle but the status of the document is unclear. Borough Solicitor

(No comments received at time of producing this report). Environmental Health and Safety

(No comments received at time of producing this report). Environmental Policy Suggested amendments to the ES Addendum to update policy background documents. Tree Officer

(No comments received at time of producing this report). Environmental Policy Officer (SPA) An Appropriate Assessment was carried out which concluded that if the recommended measures are implemented, there will be no adverse effect on the integrity of the SPA arising from this development. As a result of the Appropriate Assessment, there will be a need to revise the terms of the S106 Agreement, in order to overcome the adverse impact of the development on the integrity of the Thames Basin Heaths SPA.


Planning Policy Section The ES Addendum includes a policy review at chapter 4. However this does not set out all the policy changes since the outline planning permission 07/00623/OUT was approved. The chapter should be updated to take out references to the South East Plan and to include more recent SDP's produced. Transportation Officer

(No comments received at time of producing this report). The Environment Agency Concerns over the approach to requiring a drainage strategy to be approved under condition 7e without knowing enough detail on individual plots, phasing and other matters. Proposes new mitigation measures beyond those in the ES to be achieved through condition to set the rates of run off for individual plots. Natural England No comments to make as there is an advanced Avoidance _ Mitigation Strategy in Bracknell Forest. Highways Agency No objection in principle but concerned that an extension of time for more than 3 years could invalidate the currency of the TA. Hart District Council

(No comments received at time of producing this report). Reading Borough Council

(No comments received at time of producing this report). Royal Borough Of Windsor And Maidenhead

(No comments received at time of producing this report). Runnymede Borough Council

(No comments received at time of producing this report). Rushmoor Borough Council

(No comments received at time of producing this report). Slough Borough Council

(No comments received at time of producing this report). Surrey Heath Borough Council

(No comments received at time of producing this report).


West Berkshire Council

(No comments received at time of producing this report). Wokingham Borough Council

(No comments received at time of producing this report). National Grid Company

(No comments received at time of producing this report). Network Rail

(No comments received at time of producing this report). Office Of Communications

(No comments received at time of producing this report). Radiocommunications Agency

(No comments received at time of producing this report). FAO Peter Gray, Royal Berkshire Fire and Rescue Service

(No comments received at time of producing this report). Southern Gas Networks

(No comments received at time of producing this report). Thames Water Utilities Ltd

(No comments received at time of producing this report). South West Trains Limited

(No comments received at time of producing this report). Stagecoach In Hants and Surrey

(No comments received at time of producing this report). Three Valleys Water Company

(No comments received at time of producing this report). Reading Borough Council

(No comments received at time of producing this report).


Bracknell Town Council Considered on objection. Government Office for the South East

(No comments received at time of producing this report). 4 REPRESENTATIONS

None received at the time this report was prepared.

5 OFFICER REPORT

i) PROPOSAL This is an application to extend the time limits for implementing the existing planning permission 07/00623/OUT which relates to redevelopment proposals within Bracknell town centre. The procedure to allow extensions of time limits on planning permissions were brought into force on 1 October 2009 by the Town and Country Planning (General Development Procedure) (Amendment No.3) (England) Order 2009 (SI No. 2261( (the Order) and the Planning (Listed Buildings and Conservation Areas) (Amendment) (England) Regulations 2009 (SI 2009 No. 2262). The procedure allows applicants to apply for a new planning permission to replace an existing unimplemented planning permission which is in danger of lapsing, in order to obtain a longer period in which to begin the development. An application for an extension to the time limit is a new application under the 1999 EIA Regulations. A screening opinion was issued by the LPA on 12 May 2010 indicating that the proposed development is classed as Schedule 2 development where an EIA may be required. Schedule 3 of the 1999 Regs. and paragraph 33 of Circular 2/99 set out criteria whereby Schedule 2 development will require an EIA: a) for major developments which are of more than local importance; b) for developments which are proposed for particularly environmentally sensitive or vulnerable locations; and c) for developments with unusually complex and potentially hazardous environmental effects. It was considered that the development proposed is an EIA development and this application has been submitted with an Environmental Statement Addendum (ES Addendum) which updates the ES submitted with the previous application 07/00623/OUT and which also forms part of the current submission. This application also seeks to extend the life of the listed building consent 04/01130/LB for the removal of a modern wall which is attached to an old wall which forms part of the Old Manor Public House. These works are required to allow the comprehensive redevelopment of Bracknell town centre. The 2009 Regulations permit an extension of time for the implementation of listed building consents where an application is made as part of the application to extend the time limits for implementation of the planning permission. It is proposed to extend the time limit for implementing 04/01130/LB from 9 February 2013 to 21 December 2013. It is proposed to extend the life of the planning permission 07/00623/OUT by creating a new planning consent to include conditions imposed on the extant consent but amending conditions 1 and 2 of the original consent to extend the time period for the


approval of Reserved Matters from 21 December 2011 to 21 December 2016. It is not intended to delay the date when the development will commence. Condition 1 of planning consent 07/00623/OUT requires the development to be begun no later than 21 December 2013. The applicants have indicated that they are committed to implementing the permission by 21 December 2013. This extension of time would permit later phases of Reserved Matters to be submitted up to 21 December 2016 to enable the submission of Reserved Matters in phases. ii) RELEVANT PLANNING HISTORY The most notable planning history concerns two applications submitted in 1997 (applications 622560 and 622561) by Legal & General proposing the redevelopment of the north and south sectors of the town centre; and an application submitted by Bracknell Regeneration Trust (622810) for the redevelopment of the entire town centre. All three planning applications were “called-in” by the Secretary of State for determination and, following a Public Inquiry in 1999, all of them were refused in a decision letter dated May 2001. It was concluded that the proposals would all, by virtue of their scale, conflict fundamentally with the provisions of development plan policies in terms of the amount of additional shopping floorspace that should be accepted. Following from the Secretary of State’s decision on the applications, the Council resolved to take a lead in the regeneration of the town centre by producing a Masterplan, in collaboration with a wide range of stakeholders and key town centre landowners, As a result, the ‘Bracknell Town Centre Masterplan’ was adopted as Supplementary Planning Guidance in July 2002. Following on from the Masterplan, an outline application was submitted in 2004 (application 04/01129/OUT). This was approved with a legal agreement on 21 December 2006 (having been considered by the Planning and Highway Committee on 9 February 2006, 27 July 2006 and 14 December 2006, in relation to the application proposals, heads of terms in relation to the S.106 and conditions). This application approved in principle the redevelopment of a 39.8 hectare site. A mix of uses were permitted, including retail, business, leisure, educational, health centre, civic offices, new combined heat and power plant and residential uses, together with the relocation of the Police Station, Magistrates Court and British Legion. The scheme also included up to 2,800 public car parking spaces in the northern development zone. The application was granted subject to a S.106 agreement securing a site specific mitigation relating to the Thames Basin Heaths Special Protection Area, provision for affordable housing and contributions towards infrastructure works and local facilities. Separate agreements in relation to the third party sites were also secured. In 2007 an application (07/00623/OUT) was submitted which sought to amend approved parameter plans approved under planning permission 04/01129/OUT. The site and description of development was unchanged in the 2007 application. “Section 73 to allow demolition of buildings and redevelopment within Bracknell Town Centre for a mix of uses including retail use, food and drink uses, leisure uses, residential accommodation, business uses, police station, magistrates court, British Legion building, civic facilities including library and Council offices, community health centre, hotels, education facilities, energy centre, new bus station, car parking spaces, new means of access, public open space, associated servicing, highway works and integrated transport measures, landscaping and improvements to the public realm, without compliance with conditions 1, 2, 6, 9, 13, 19, 27, 37, 38, 39, 40, 41, 42, 46, 47,


48, 49, 50, 51, 52, 54, 55, 56, 58, 63 and 67 of outline planning permission 04/01129/OUT.” This application was approved on 2 November 2007 subject to S106 Agreements. Since the approval of application 07/00623/OUT, a full application has been approved for office use at Amber House (relating to development block W3 within the west development zone). Parameter plan PP6C, which formed part of the planning approval 07/00623/OUT was replaced by PP6D Rev A and parameter plan PP11C replaced by PP11D to take account of the changes to floorspace approved as part of the planning permission 08/00730/FUL. The Schedule of Uses PA2C attached as Appendix 2 to the decision notice for 07/00623/OUT was replaced by PA2E (July 2009). There have also been five certificates of lawful development approved relating to Enid Wood House (development block C6.2 within the central development zone) in terms of whether a change of use would be required to change the tenure of the 127 no. one-bedroom self-contained studio units in affordable housing tenure and 1 no. manager’s flat to various combinations of studio, 1 and 2 bedroom flats, with associated internal changes (07/00799/CLPUD, 07/00801/CLPUD, 09/00734/CLPUD, 10/00081/CLPUD & 10/00362/CLPUD). iii) SITE The application covers the entire town centre of Bracknell, a total area of 39.8 hectares (98.35 acres), bounded by Millennium Way (A329) to the north, Church Road (A3095) to the east, the railway lines and Bracknell Station to the south, and the Peel Centre/Skimped Hill Lane to the west. iv) PLANNING CONSIDERATIONS (1) Principle of Development The principle of redevelopment of the Town Centre has been established in the granting of application 04/01129/OUT and associated S.106 agreements, and the granting of planning permission 07/00623/OUT and associated S.106 Agreements. The red line application site and description of development remains as per the previous application, and therefore the development is considered to be acceptable in principle. Part of the consideration of the 2004 and 2007 applications related to a referral to the Secretary of State (the Government Office for the South East) under the Town and Country Planning (Shopping Development) (England and Wales) (No.2) Direction 1993, due to the proposals exceeding 20,000 sq m gross floor area of shopping floor space. This Shopping Direction has been replaced by Circular 02/09: The Town and Country Planning (Consultation) (England) Direction 2009 which requires retail, leisure and office development with a floorspace exceeding 5000sq.m or extensions or new development of 2,500 square metres or more which, when aggregated with existing floor space, would exceed 5,000 square metres to be referred to the Secretary of State if the application involves land outside a town centre. This application site involves land within the town centre as defined in the Bracknell Forest Borough Local Plan Proposals Map and Core Strategy Development Plan Document key diagram. The application is not required to be referred to the Secretary of State on retail grounds.


The environmental implications of the proposed changes have been tested through the submission of an ES Addendum which supplements the ES submitted with the previous planning application 07/00623/OUT. v) RELEVANT PLANNING POLICIES Since the consideration of the previous application 07/00623/OUT, there have been a number of changes to national policy and guidance, and changes to the Development Plan (including emerging policies and new Supplementary Planning Documents). NATIONAL POLICY GUIDANCE PPS1 “Planning and Climate Change” (December 2007) is a supplement to PPS1. The supplement to PPS1 gives guidance to local authorities on how planning should contribute to reducing emissions and stabilising climate change. The supplement emphasises decreasing energy use and emissions by providing alternative energy resources and mitigating the impacts of development through renewable resources, energy efficient resources, energy efficient buildings, community heating schemes, combined heat and power use and low carbon energy schemes in developments. This application is considered to accord with the guidance in the supplement to PPS1. The extant planning permission on this site 07/00623/OUT, includes condition 7(f) which requires the approval of a sustainability strategy which adheres to the statements in chapter 16 of the ES and condition 53 which requires the approval of a strategy. PPS4 “Planning for Sustainable Growth” was published in December 2009 and sets out the government’s objectives for prosperous economies. “ 9. The Government’s overarching objective is sustainable economic growth. 10. To help achieve sustainable economic growth, the Government’s objectives for planning are to: * build prosperous communities by improving the economic performance of cities, towns, regions, sub-regions and local areas, both urban and rural * reduce the gap in economic growth rates between regions, promoting regeneration and tackling deprivation * deliver more sustainable patterns of development, reduce the need to travel, especially by car and respond to climate change * promote the vitality and viability of town and other centres as important places for communities. To do this, the Government wants: – new economic growth and development of main town centre uses to be focused in existing centres, with the aim of offering a wide range of services to communities in an attractive and safe environment and remedying deficiencies in provision in areas with poor access to facilities – competition between retailers and enhanced consumer choice through the provision of innovative and efficient shopping, leisure, tourism and local services in town centres, which allow genuine choice to meet the needs of the entire community (particularly socially excluded groups) – the historic, archaeological and architectural heritage of centres to be conserved and, where appropriate, enhanced to provide a sense of place and a focus for the community and for civic activity


– raise the quality of life and the environment in rural areas by promoting thriving, inclusive and locally distinctive rural communities whilst continuing to protect the open countryside for the benefit of all.” The proposed development is located within Bracknell town centre and therefore accords with guidance in PPS4 that new economic growth and development should be focused in existing centres. This follows the approach in PPS6 “Planning for town centres” (2005, now cancelled, under which the previous planning application 07/00623/OUT was considered. PPS6 had the objectives of seeking to secure the vitality and viability of town centres by planning for the growth and development of existing centres. Policy EC10 of PPS4 states that “Local planning authorities should adopt a positive and constructive approach towards planning applications for economic development. Planning applications that secure sustainable economic growth should be treated favourably.” Policy EC10 sets out a series of impact considerations for assessing planning applications for economic development. “EC10.2 - All planning applications for economic development should be assessed against the following impact considerations: a) whether the proposal has been planned over the lifetime of the development to limit carbon dioxide emissions, and minimise vulnerability and provide resilience to, climate change b) the accessibility of the proposal by a choice of means of transport including walking, cycling, public transport and the car, the effect on local traffic levels and congestion (especially to the trunk road network) after public transport and traffic management measures have been secured c) whether the proposal secures a high quality and inclusive design which takes the opportunities available for improving the character and quality of the area and the way it functions d) the impact on economic and physical regeneration in the area including the impact on deprived areas and social inclusion objectives e) the impact on local employment” The application is considered to be in accordance with the objectives of PPS4. The proposal will provide development that will limit the emission of carbon dioxide and represents development in a highly sustainable location. The Government also published revisions to PPS25 “Development and Flood Risk’ in March 2010. The revised guidance has no additional implications for development within flood zone 1 such as this application. A revised Flood Risk Assessment has been submitted as part of the ES Addendum submitted with this application. In summary the relevant national planning policies are as follows: National Policy Guidance: PPS1, PPS3, PPS4, PPS5, PPS9, PPS10, PPG13, PPG17, PPS22, PPS23, PPG24, PPS25. LOCAL PLANNING POLICY Local Policy and Guidance


Since the consideration of the previous application, the Core Strategy Development Plan Document (CSDPD)has been adopted. Policy CS3 relates to Bracknell Town Centre and states: “Development will be permitted which contributes to the vision and function of Bracknell town centre by one or more of the following: i. contributing to the comprehensive delivery of the whole of the town centre; ii. providing a mix of uses including retail, housing, employment, recreational, leisure, cultural and health facilities; iii. serving the comparison and specialist shopping needs of the residential population of the Borough along with a substantial working population within Bracknell Town; iv. providing for the convenience shopping needs of the resident population in and adjoining the centre; v. contributing to the town centre role as a transport hub for the Borough; vi. creating a high quality distinctive well designed environment” As the current application is an extension of time of a previously consented scheme, it is not considered that it would be in conflict with the policy as it would provide a mix of uses (retail, housing, employment, leisure and health facilities) and would provide a comprehensive development for the town centre. A number of the policies in the Core Strategy DPD are relevant to the consideration of this application: • Policy CS1 – Sustainable Development Principles • Policy CS2 – Locational Principles • Policy CS3 – Bracknell Town Centre • Policy CS6 – Limiting the Impact of Development • Policy CS7 – Design • Policy CS10 – Sustainable Resources • Policy CS12 – Renewable Energy • Policy CS14 – Thames Basin Heaths Special Protection Area • Policy CS17 – Affordable Housing • Policy CS19 – Location of Employment Development • Policy CS21 – Retail Development in Town Centres • Policy CS23 - Transport • Policy CS24 - Transport and New Development The proposed development is consistent with policies in the Core Strategy DPD which do not change the underlying policy approach in the ‘Core Strategy Development Plan Document (Submission)’ which was published in November 2006 and although not forming part of the Development Plan at the time of the determination of the previous application 07/00623/OUT, was referred to in the committee report. A number of policies in the Bracknell Forest Local Plan (BFBLP) have been saved and are still relevant to the consideration of this application. They were taken into consideration when the previous application 07/00623/OUT was determined.: EN1, EN2, EN3, EN7, EN20, EN22, EN25, EN26, E1, E4, E5, H8, H14, M1, M4, M5, M6, M7,M8, M9, R4, R6, SC3 Supplementary Planning Guidance: * Bracknell Town Centre Urban Design Framework (adopted 1998)


* Town Centre Master Plan (adopted 2002) * Affordable Housing for Residential Development (adopted 2003) * Designing for Accessibility in Berkshire (published 2005) * Limiting the Impact of Development, Supplementary Planning Document (adopted July 2007) * Bracknell Forest Borough Parking Standards, Supplementary Planning Document (adopted July 2007) * Sustainable Resource Management (October 2008) * Amen Corner (March 2010) vi) COMPARISON AGAINST APPROVED OUTLINE APPLICATION AND LISTED BUILDING CONSENT The red line boundary to the application site and description of development remain unchanged. Any changes to parameter plans over those approved in 2007 are as a result of previously approved amendments to parameter plans already identified. No changes are proposed to the listed building consent. (vii) REQUIREMENT FOR AN ENVIRONMENTAL IMPACT ASSESSMENT (EIA) A formal Screening Opinion was issued on 12 May 2010 confirming that the proposed development falls within Schedule 2 of the EIA Regulations 1999 and that the proposed development is EIA development. A review of the ES submitted with the previous outline application was carried out by the applicants prior to the submission of this application. This assessed changes in the development plan, legislation or other material considerations since the previous ES was prepared in order to identify where the effects of the proposed development on the environment should be considered. A formal scoping opinion was issued by BF on 21 June 2010, which identified changes to the environmental baseline and other factors requiring an update of the previous ES. An Environmental Statement Addendum (ES Addendum) has been submitted with the application together with a non-technical summary of the ES. The ES Addendum includes only the areas where new work has been carried out. It is to be read in conjunction with the ES attached to the outline application 07/00623/OUT. In addition, a Transport Assessment Scoping Report has been submitted to update the Supplementary Transport Assessment 2007. The following topics were considered within the 2007 ES. Chapter 1 – Introduction and Background Chapter 2 – Scheme Justification and Alternatives Chapter 3 – The Site and Proposed Development Chapter 4 – Land Use and Planning Policy Considerations Chapter 5 – Landscape, Townscape and Visual Impact Chapter 6 – Transport Chapter 7 – Air Quality Chapter 8 – Noise and Vibration Chapter 9 – Ecology and Nature Conservation Chapter 10 – Water Resources Chapter 11 – Soil and Contamination Chapter 12 – Archaeology and Cultural Heritage Chapter 13 – Microclimate Chapter 14 – Socio-economic Impact Chapter 15 – Construction and Environmental Management


Chapter 16 – Sustainable Development Chapter 17 – TV and Radio Interference Chapter 18 – Summary of Residual Effects The ES Addendum updates the following chapters: Chapter 1 – Introduction and Background Chapter 3 – The Site and Proposed Development Chapter 4 – Land Use and Planning Policy Considerations Chapter 7 – Air Quality Chapter 8 – Noise and Vibration Chapter 9 – Ecology and Nature Conservation Chapter 10 – Water Resources Chapter 14 – Socio-economic Impact Chapter 16 – Sustainable Development Local Planning Authorities should satisfy themselves that an ES submitted with a planning application contains the information specified in Part II of Schedule 4 to the Regulations and the relevant information in Part I that the developer can reasonably be required to compile. A review of the ES submitted with the original outline application (04/01129/OUT) was carried out by consultants acting on behalf of the Council. This concluded that the applicants had submitted sufficient information to enable the Council to properly assess the likely significant effects, with one reservation around the impacts upon the SPA. These impacts were however addressed elsewhere, through an Appropriate Assessment, and the application was approved and included s.106 contributions and conditions in order to mitigate the effects upon the SPA. A full review of the ES was not carried out when the application 07/00623/OUT was determined. Instead an updated ES assessed the likely environmental effects of the revision of the development scheme taking into account the proposed mitigation. Most of the areas of change within the updated ES were predicted to have negligible or minor beneficial impacts after the application of mitigation proposed for the original outline application 04/01129/OUT and the imposition of additional conditions in relation to impacts around the setting of the Red Lion listed building, sustainable development energy management and renewable energy and Hornet Moth mitigation measures. viii) ES ADDENDUM (1) Air Quality Chapter 7 of the ES Addendum updates the 2007 ES baseline air quality position. The ES Addendum uses the latest Updating and Screening Report published by BFBC in March 2009. This indicates that nitrogen dioxide levels have been rising in recent years and there has been a slight worsening of the baseline position since the 2007 ES was published. A new National Air Quality Strategy (NAQS) was published by the government in September 2007. The NAQS changes the approach to the control and reduction of concentrations of particulate matter from the approach adopted in the 2007 ES. The NAQS revises guidance on the fraction of total nitrogen oxides (NOx) present as nitrogen dioxide (NO2). As a result of this Guidance, the modelling and assessment methodology has been slightly modified since the 2007 ES was produced.


Approved changes to parameter plans are reflected in the schedule of development PA2E which follows changes to parameter plans PP6C and PP11C and updated the schedule of development PA2C which was approved in November 2007. These changes have resulted in modifications to traffic flow forecasts which have been taken into account in the ES Addendum. The monitoring of air quality in Bracknell indicates that NO2 levels have been rising in recent years to give a slight worsening of the baseline position from that in the 2007 ES. However, the air quality position has not worsened to the extent that an Air Quality Management Area (AQMA) has been required to be identified. Air Quality within the Borough is monitored at two automated stations at Foxhill School and Downshire Way. The automatic monitoring indicates that NO2 levels currently meet both the annual mean and 1 hour means for NO2. The 2007 ES set out the construction phase impact on air quality of the outline planning permission 04/01129/OUT proposals. This formed the baseline from which the 2007 application (07/00623/OUT) was assessed. The construction programme and the Construction Environmental Management Plan (CEMP) for the most recently approved planning permission 07/00623/OUT would apply to this extension of time application. The construction phase impacts and mitigation strategy previously assessed are considered to be equivalent to the 07/00623/OUT planning permission. Mitigation measures are outlined in Section 7.5.5 of the 2007 ES. Conditions with a similar effect would be attached to this extension of time application to secure the mitigation identified in the 2007 ES. The air quality assessment provided in the 2007 ES is not considered to be affected by the air quality updates in the ES Addendum. The baseline position in air quality has worsened slightly since 2007 but has not worsened to the extent that an AQMA has been designated within the Borough. The overall impact significance of the effects of the proposed development remains as set out in the 2007 ES. Mitigation measures identified in the 2007 ES are considered to be acceptable for this extension of time application. 2) Noise and Vibration Chapter 8 of the ES Addendum supplements chapter 8 of the 2007 ES. This chapter updates the assessment of the potential noise and vibration impacts of the proposed development of Bracknell town centre. The most significant matters are an increase in baseline traffic flows of 2% to take account of traffic from committed developments and changes in traffic flows as a result of amendments to approved parameter plans included in the schedule of development PA2E. Changes to baseline traffic are considered to be of such small magnitude as to have no significant impact on the existing noise climate. The construction has noise and vibration impacts of the proposed development were assessed in the 2005 outline planning permission 04/01129/OUT. No supplementary information was produced for the 2007 planning application 07/00623/OUT and mitigation measures for that planning permission were the same as for 04/01129/OUT. Since 2007, no significant changes to the policy context have arisen in relation to noise and vibration. The main method of prediction for road traffic noise remains the Calculation of Road Traffic Noise (1988). This was the method used in the 2007 ES.


The approach to mitigation adopted in Section 8.6.2 of the 2007 ES would apply to this extension of time application. 3) Ecology and Nature Conservation Chapter 9 of the ES Addendum updates chapter 9 of the 2007 ES. It covers two aspects of ecology and nature conservation, the local effects on ecology and nature conservation and mitigation of these effects and the effects and mitigation on the Thames Basin Heaths SPA. a. Species and habitats of the town centre. Central Bracknell is considered to be an intensively built environment with limited areas of habitat and floral diversity. Areas of open land are primarily aesthetic and amenity rather than significant ecological habitats. Four new surveys have been carried out of the town centre since 2007. The surveys are included in Appendices 9.1 to 9.4 of the ES Addendum and are * Breeding birds survey * Wintering birds survey * Bat surveys * Invertebrate survey These surveys confirmed the lack of natural habitats within Bracknell town centre. It is considered that the new surveys do not show any significant change in the town centre in ecological terms since 2007. No additional survey work is considered to be necessary and the overall evaluation of the conservation value of the town centre set out in the 2007 ES has been confirmed by the new survey work. Overall, it is considered that town centre habitats have substantial potential for improvement. To achieve these improvements, a Town Centre Biodiversity Strategy is included in Appendix 9.5 of the ES Addendum. Mitigation measures in the 2007 planning application are still relevant to this extension of time application, which does not propose changes to the nature and level of development within the town centre. Changes to parameter plans PP6C and PP11C already approved do not affect areas of open space within the town centre. Mitigation measures were secured under conditions 33 (no site clearance, demolition works or development before the approval of necessary bat surveys), 34 (Hornet Moth mitigation methods) and 37 (no site clearance during bird nesting periods) 58-61 (tree protection measures during construction). These mitigation measures are still required to be secured by conditions on the extension of time application. b. Thames Basin Heaths SPA Bracknell is within a wider area of nature conservation interest in relation to the impact of development within Bracknell town centre on the Thames Basin Heaths SPA. The Bracknell town centre redevelopment is likely to have a significant effect on the Thames Basin Heaths Special Protection Area (SPA) and, as it is not directly connected with or necessary to the management of the site, an Appropriate Assessment has been deemed necessary. In 2006 an Appropriate Assessment was carried out and published in consultation with Natural England. This included surveys of amenity and recreational uses of the SPA and other open space around Bracknell. A new appropriate assessment was not required when the most recent planning permission 07/00623/OUT was determined. The Section 106 Agreement attached to


planning permission 07/00623/OUT contains a strategy to mitigate the effects of the redevelopment of the town centre. This extension of time application does not propose any change to the residential content of the town centre redevelopment. Previously approved parameter plan changes to PP6C and PP11C consolidated in the amended schedule of floorspace PA2E indicate an unchanged residential floorspace figure. The extension of time application is therefore considered to have no adverse environmental effect since the 2007 ES was produced. However, since the 2007 planning permission was granted, modified standards for the provision of mitigation standards for the Thames Basin Heaths SPA have been established as set out in “Thames Basin Heaths Special Protection Area Avoidance and Mitigation Supplementary Planning Document Consultation Draft”(2009). These new standards may have implications for the list of SANGs identified in the S106 Agreement which may require modification. Payments are also likely to be required to the Strategic Access Management and Monitoring (SAMM) Project. The changes in the delivery of mitigation require BF to carry out a new Appropriate Assessment for the proposed development. A Bracknell Town Centre Redevelopment Appropriate Assessment (June 2010) has been produced and has undergone consultation with NE. This Appropriate Assessment concludes that, if the recommended measures are implemented, there will be no adverse effect on the integrity of the SPA arising from this development. 4) Water Resources and Flood Risk Chapter 10 of the ES Addendum supplements chapter 10 of the 2007 ES. There have been no significant changes in the baseline water quality of the main water bodies considered in the 2007 ES. However, new policy documents have been published since 2007 which affect how the assessment of surface water run-off is considered in the Flood Risk Assessment carried out in the 2007 ES. The Environment Agency were consulted at the formal Screening and Scoping stages prior to this application being submitted and requested surface water run-off be re-assessed using Institute of Hydrology Report 124 procedure (IH124). The assessment should also include a contribution to run-off of potential climate change. The previously approved parameter plan changes do not materially affect the effects of the proposed development. The extension of time application does not alter the area of land to be developed. Using the IH124 procedure, the magnitude of the impact is broadly unchanged from the earlier assessment carried out in 2007. The assessment of the significance of the effects or the mitigation measures to be applied are unchanged. 5) Socio-Economic Impact Chapter 14 of the ES Addendum supplements chapter 14 of the 2007 ES. The main changes since the 2007 Es was prepared are in the changes in the Bracknell baseline employment position as a result of the global economic downturn, the publication of PPS24 “Planning for Sustainable Economic Development”(December 2009 and the likely impacts on construction jobs as a result of the extension of time in delivering the town centre redevelopment. The main socio-economic change since 2007 is the increase in the unemployment rate in Bracknell from 3.9% in 2007 to 5% in September 2009. This comparative figure for the south east is 5.9% and for the UK 7.4%. Of the total 1,887 Job Seekers Allowance (JSA) claimants in Bracknell in April 2010, 68.2% had been unemployed for less than 6 months, and 18.3% for between 6months and 1 year. This proportion of long term unemployed for more than 1 year is slightly lower than regional and national statistics.


In general, the economic baseline in section 14.3.4 of the 2007 ES remain relevant, as modified by the changes in unemployment levels as a result of the global economic downturn. The proposed extension of time application would involve a slightly different range of land uses and gross floor areas from the previously approved outline planning consents. Approved amendments to parameter plans PP6D and PP8D and resulting changes to the schedule of floorspaces PA2E indicate a small increase in A1 floorspace from 66,075-67,550 in PA2C to 66,842-68,317 in PA2E. A2-A5 floorspace decreases from 66,075-67,550 sq.m in PA2C to 66,841-68,317 sq.m in PA2E. B1 uses increase slightly from 52,040-68,840 sq.m to 59,631-76,481 sqm in PA2E. The revised schedule of floorspaces PA2E would result in an estimated 4,607-5,136 jobs as compared to estimates of 3,842-4,787 jobs in PA2C. The extension of time application would not alter this estimation of jobs to be created as a result of the redevelopment of Bracknell town centre. The impacts of the proposed redevelopment on the demand for educational facilities and medical facilities is considered to be unchanged. The approach to mitigation of the likely significant socio-economic impacts in the 2007 ES as set out in section 14.7 was secured by condition 32 of planning permission 07/00623/OUT. This condition required a relocation strategy for existing businesses, including a programme for implementation to be approved by the local planning authority before development begins. The extension of time application does not affect these mitigation measures and it is not considered that additional mitigation measures are required. The extension of time application is not considered to require additional mitigation measures from those outlined in the 2007 ES and secured by condition 32 of the previously approved planning application 07/00623/OUT. 6) Sustainable Development Chapter 16 of the ES Addendum reviews the policy related to sustainability since the 2007 ES was prepared. The 2007 ES described the mitigation of effects such as carbon emissions which are considered to be of global concern, but for which local effects are of limited significance. The timescale of the proposed redevelopment is such that the delivery of sustainable development objectives would need to be flexible to respond to the current planning policy, building regulations and other standards which would be current at the time that individual reserved matters planning applications were considered. A number of conditions were attached to the previously approved planning application 07/00623/OUT relating to sustainable development including condition 7f requiring a town-wide sustainability strategy and condition 53 requiring renewable energy proposals that meet planning policy. At the time of the determination of application 07/00623/OUT the Core Strategy had not been adopted, but subsequent adoption was anticipated by the 2007 ES. The approved parameter plan changes PP6C and PP11C do not alter the character of the town centre proposals in a manner inconsistent with the 2007 ES or the consideration of sustainable development. 7) Listed Buildings and Archaeology This application also includes the extension of time of the listed building consent 04/01130/LB for the removal of a modern wall attached to an old wall forming part of


the Old Manor Public House. The works are required to allow the comprehensive redevelopment of Bracknell town centre. No change to the works are proposed by the extension of time to begin to carry out these works from 9 February 2013 to 21 December 2013. No amendment is considered to be required to the 2007 ES in relation to listed buildings. The mitigation measures in the 2007 ES secured by condition 38 of planning permission 07/00623/OUT are still appropriate in this extension of time application. Condition 38 requires the details of siting and design of any building proposed to be sited adjacent to Listed Buildings to accord with the design principle of the Environmental Statement. 8) Service, Amenity and Infrastructure Contributions Section 106 Agreement It is considered likely that in the main the section 106 agreement issued with permission (07/00623/OUT) will remain mainly unchanged, other than with regard to technical updates and plan and document references. The SPA mitigation measures will be updated taking into account the updated Thames Basin Heaths SPA Delivery Framework. Impact Mitigation Since the last planning application was determined the Borough Council in July 2007, adopted “Limiting the Impact of Development” (LID) a Supplementary Planning Document. This provides up-to-date guidance on the provision applications should make to address and mitigate any adverse impacts so as to deliver more sustainable development. This document relates directly to the Core Third Party Section 106. As with the previous application, third parties sites (sites on Market Street, Market Square and High Street) could implement this permission subject to entering into a 3rd party section 106 agreement. As with the previous application the third parties are currently being consulted upon the changes to the S.106 and their comments will feed in to the final drafting of the third party documents, however this process will not be completed by the time of the Committee meeting. Condition 4 requires the third parties to have entered into an agreement prior to any works within the associated third party sites (development blocks W3, W4, W5, W6, C6.1, C6.2, NW3.1, NW3.2, NW3.3, NW4.1 and NW4.2) being commenced. 9) REMOVAL/VARIATION/NEW CONDITIONS Applications for extensions of time to implement a planning permission is considered to be a new application for development and as such, LPAs may impose such conditions as they see fit. Different conditions may be applied to the original planning permission or conditions can be removed if necessary to make a scheme acceptable in the light of new policies, or if some pre-commencement conditions have already been discharged. The conditions on planning permission 07/00623/OUT are considered to be appropriate to be repeated on this extension of time application. The ES Addendum submitted with this application assesses the mitigation measures within the 2007 ES. These measures are on the whole considered to be necessary to be secured in the extension of time application and will continue to be secured by conditions to ensure compliance with the ES 2007 and ES Addendum. The archaeology officer has requested that condition 52 be re-worded to reflect up to date advice. The condition relates to the need for an archaeological scheme of work to


be secured and implemented before any works start on site. In addition, other policies have been updated to reflect the current development plan. Condition 1 – Timing of commence of the development This condition is proposed to be varied to remove reference to the development being begun no later than two years from the final approval of Reserved Matters. The commencement date for the development is unchanged. Condition 2 – Timing for reserved matters application This condition is proposed to be varied so that it reflects the extension of time to submit reserved matters to 21 December 2013. Condition 4 – No development within Development Blocks W3, W4, W5, W6, C6.1, C6.2, MW3.1, NW3.2, NW3.3, NW4.1, NW4.2 until S106 Agreements have been entered into. Relevant policies updated. Condition 5 – Construction and Phasing Relevant policies updated. Condition 6 Parameter plans It is proposed that this condition be updated to reflect the amended parameter plans previously approved. Relevant policies updated. Condition 7 – Strategies Relevant policies updated Condition 8 – CEMP Relevant policies updated Condition 9 – Control of uses It is proposed that this condition be updated to reflect the previously approved amended new use schedule reference (PA2E). Relevant policies updated.99 Condition 12 – Transport arrangements for Bus Station Relevant policies updated Condition 13 - Details of bus-rail interchange prior to commencement Relevant policies updated Condition 14 – Car parking Relevant policies updated Relevant policies updated Condition 15 – car park programme Relevant policies updated Condition 16 – Car parking spaces serving North Development Zone Relevant policies updated Condition 17 – North Development Zone car parking Relevant policies updated


Condition 18 – Car parking – residential areas Relevant policies updated Condition 19 – Gradients of footways and rights of way Relevant policies updated Condition 20 – Access Relevant policies updated Condition 21 – Gradient of footways Relevant policies updated Condition 22- Ramps, pedestrian walkways and bridges Relevant policies updated Condition 23 – Servicing arrangements Relevant policies updated Condition 24 – Cycle routes Relevant policies updated Condition 25 – Cycle parking spaces Relevant policies updated Condition 26 – Pedestrian and cyclist direction signs Relevant policies updated Condition 27 – Design of new modified accesses Relevant policies updated Condition 31 – Environmental Statement Mitigation Measures Relevant policies updated Condition 33 – Bat surveys and mitigation scheme Relevant policies updated Condition 34 – Hornet Moth Mitigation Measures Relevant policies updated Condition 35 – Air Quality Monitoring Relevant policies updated Condition 36 – Demolition Recycling Relevant policies updated Condition 37 – No works during bird-nesting period Relevant policies updated Condition 38 – Development adjacent to Listed Buildings Relevant policies updated Condition 42 – Housing Relevant policies updated Condition 43 – Mix of size of residential units


Relevant policies updated Condition 44 – B1 floorspace in Development Blocks NW2(a), NW2(b) and NW2(c) Relevant policies updated Condition 52 – Areas of archaeological interest Update working in accordance with advice of Archaeological Officer. Relevant policies updated Condition 53 – Renewable energy Relevant policies updated Condition 56 – Implementation in accordance with approved design strategy Relevant policies updated Condition 57 – Proposals for open and covered shopping areas in North Development Zone Relevant policies updated Condition 59 – Tree protection measures Relevant policies updated Condition 60 – Retention of approved tree protection measures Relevant policies updated Condition 61 – Replacement trees Relevant policies updated Condition 62 – Landscaping Relevant policies updated Condition 63 – Replacement of trees Relevant policies updated Condition 64 – Public art Relevant policies updated iv) CONCLUSIONS The principle of development has been established in the granting of the previous schemes 04/01129/OUT & 07/00623/OUT) and associated S.106 agreements. The description of development and redline application site remain unchanged. The proposal would still be accordance with the Development Plan. An updated ES Addendum has been submitted with this application to be read with the 2007 ES submitted with application 07/00623/OUT. This assesses the changes to the baseline information in the 2007 ES and examines any effect of changes to approved parameter plans since application 07/00623/OUT was determined taking into account proposed mitigation. As with the previous application, third parties sites (sites on Market Street, Market Square and High Street) could implement this permission subject to entering into a third party section 106 agreement. Consultations on the third party agreements are currently being undertaken. Condition 4 requires the third parties to have entered into an agreement prior to any works within the associated third party sites can take place.


In conclusion, the extension of time to submit reserved matters is considered acceptable and would comply with the Development Plan, and it is recommended that the application be approved subject to the amended conditions and S.106 agreement.

6 RECOMMENDATION Following the completion of planning obligation(s) under Section 106 of the Town and Country Planning Act 1990 :- 01. as set out in section 8 of this report. That the Head of Development Management be authorised to APPROVE the application subject to the following condition(s):- 01. The development hereby permitted shall be begun not later than 21 December

2013 REASON: To comply with Section 91 of the Town and Country Planning Act

1990. 02. No application for the approval of Reserved Matters shall be made to the local

planning authority later than 21 December 2016. REASON: To comply with Section 92 of the Town and Country Planning Act

1990. 03. The development of a Development Block or any building within a Development

Block shall not be begun until approval is obtained from the local planning authority for the Reserved Matters of layout (with the exception of blocks C1-5), scale, appearance and landscaping for the whole of the relevant Development Block. No development of any part of the application site which is not comprised within a Development Block shall be begun until Reserved Matters approval in respect of that part of the application site is obtained from the Local Planning Authority

REASON: To comply with Section 92 of the Town and Country Planning Act 1990

04. Unless otherwise agreed in writing by the Local Planning Authority, no works

shall be carried out under this planning permission on any land within Development Blocks W3; W4; W5; W6; C6.1; C6.2; NW3.1; NW3.2; NW3.3; NW4.1; NW4.2; unless and until all parties with any legal or equitable interest in the respective area of land have entered into an Agreement pursuant to Section 106 of the Town and Country Planning Act 1990 in the terms set out in the proposed Section 106 Agreement annexed to this permission for the respective area of land, and the title to such area of land has been properly deduced to the Council.

REASON: To secure the appropriate infrastructure and housing provision appropriate for the development and to ensure that necessary provision is made to mitigate the impact of carrying out of part of the development.

Policies: BFBLP M4, H8 R4; BFBLP Supplementary Planning Guidance: Limiting the Impact of Development as approved 25 October 2001 (including any subsequent revision). BFBC Housing Needs Study

05. Construction and Phasing (a) The development hereby permitted shall not be begun until a Construction

and Phasing Programme which shall show the phases in which the development is to be carried out, is approved by the Local Planning Authority.


(b) The development shall thereafter only be carried out in accordance with the approved Construction and Phasing Programme (as may be amended from time to time by agreement in writing of the local planning authority) unless otherwise agreed in writing by the local planning authority.

(c) The Construction and Phasing Programme shall comprise the following four documents unless otherwise agreed in writing with the local planning authority:

• A Construction Programme which shall set out the anticipated sequence of

commencement and the order in which the following works will be carried out:

(i) demolition works (ii) earthworks (iii) construction of Development Blocks (iv) public realm works (v) landscaping works (vi) highways works (vii) utility works • A programme for the replacement of key town centre uses

• A Planning Submission Programme which shall set out the order and anticipated sequence for the submission of Reserved Matters, strategies, other details and samples of materials as referred to in other conditions attached to this permission.

• Phasing Diagrams which shall include the following details: (i) Development Block by Development Block works commencement dates and order in which works are to be completed. (ii) Landscape and highways works/public realm works on Development Zone by Development Zone basis and the delivery of such works in relation to each Development Block.

(iii) Access for vehicles and pedestrians (iv) Scaffolding and hoarding lines (v) Provision of new, and alteration of existing, utilities (vi) Access arrangements for existing and new premises The Reserved Matters, strategies, other details and samples of materials shall

thereafter be submitted in accordance with the approved Planning Submission Programme (as may be amended by agreement in writing with the local planning authority) unless otherwise agreed in writing by the local planning authority, and in any event, within the time limits set out in Condition 2.

REASON: In order to ensure a phased programme of development in the interests of the proper planning and the comprehensive re-development of the area.

Policies: BFBLP E1, PE1(i), PE1(ii) 06. Parameter Plans Subject to Conditions 21, 45, 46, 47 and 48, the development is to be carried out

in accordance with the following parameter plans: RL1C - Red Line Area Plan PP1C - Development Zones Plan PP2C - North Development Zone (Residential and Leisure Level)

PP2.1C - North Development Zone Sections (Retail Level) PP2.2C - North Development Zone Sections (Car Park Level) PP2.3C - North Development Zone Sections AA and BB PP2.4C - North Development Zone Sections CC and DD PP3C - North West Development Zone Section EE


PP4C - East Development Zone PP5C - Central Development Zone PP6D - West Development Zone PP7C - South Development Zone PP7.1C - South Development Zone Sections PP8C - Demolished and Retained Buildings PP9C - Finished Ground Levels PP9.1C - Existing Ground Levels Plan PP10C - Utilities Plan PP11D - Detailed Transport Plan PP12C - Access Plan or any variation thereto which would not fall outside of the bounds of the

description of the development of this permission and which is approved in writing by the local planning authority giving reasons for its decision and either:-

(i) the Local Planning Authority is satisfied that the variations will not have any significant adverse environmental effects ,or

(ii) the application for variation has been accompanied by an Environmental Statement assessing the likely significant environmental effects of the variation REASON: To ensure the development is carried out in accordance with the parameters assessed in the Environmental Statement, as may be modified by those conditions set out below which the local planning authority considers necessary to secure a satisfactory development.

Policies: BFBLP E1, PE1(i), PE1(ii) 07. The development shall not be begun until the following strategies have been

approved in writing by the local planning authority. (a) A servicing strategy to include servicing of the premises for the duration of

the construction of the development and its use thereafter and to provide details of proposed changes in servicing facilities within the application sites (including existing retained units).

(b) An access strategy for all persons including provision for people with disabilities, who are visually impaired, or have mobility difficulties, and for parents with pushchairs and to include access to and within the development, (including areas of public realm, and areas within buildings and other structures).

(c) A waste strategy for non-residential uses. (d) A strategy for the disposal of foul water from the development. (e) A drainage strategy including a study of the current surface water drainage

system and measures to dispose of surface water in a sustainable way. (f) A sustainability strategy that adheres to the statements in Chapter 16 of the

Environmental Statement. (g) A landscape strategy to include long term objectives and management

responsibilities. (h) A strategy for the management of noise including that arising from units

permitted for any use within the following Use Classes namely A3/A4/A5/D2 (as defined within the Town and Country Planning (Use Classes) Order 1987) where they may be located in close proximity to residential development including sound insulation measures, and noise arising from external plant, machinery and ventilation equipment.

Unless otherwise agreed in writing by the local planning authority no proposals comprised within an application for Reserved Matters shall be implemented unless they accord with the strategies above. The development shall be carried out in accordance with the approved strategies, as may be amended from time to


time by written agreement with the local planning authority. The approved strategies (as may be amended by agreement in writing with the local planning authority) shall thereafter be observed and performed.

REASON: The Strategies are required to ensure that a satisfactory development is carried out in accordance with the Environmental Statement.

08. No development of any Development Phase shall be begun until the local

planning authority has approved a Construction Environmental Management Plan (CEMP) for that Development Phase in accordance with the details in Appendix 1 to this planning permission. The approved CEMP (as may be amended by agreement in writing of the local planning authority) shall be observed and complied with in full during the carrying out of the Development Phase. Those rights of way which are identified to remain open during the carrying out of the development shall be marked and fenced for the duration of construction works in accordance with proposals approved by the local planning authority and the Development Phase shall not be begun until such proposals are approved.

REASON: To ensure the development is undertaken in an acceptable manner and in order to protect the facilities available to users of the Town Centre and the amenities of current occupiers and future occupiers for the duration of the development works.

Policies: BFBLP EN25 09. Control of Uses/Schedule of Areas Any application for Reserved Matters shall accord with the schedule of floor

space and allocated uses in Schedule PA2E (June 2009) attached as Appendix 2 to this permission and in accordance with the parameter plans referred to in Condition 6.

or any variation thereto which would not fall outside of the bounds of the description of the development of this permission and which is approved in writing by the local planning authority giving reasons for its decision and either:-

(i) the Local Planning Authority is satisfied that the variations will not have any significant adverse environmental effects ,or

(ii) the application for variation has been accompanied by an Environmental Statement assessing the likely significant environmental effects of the variation

REASON: To ensure that a mixed use development which provides that a range of appropriate town centre uses that accord with the provisions of planning policy and having regard to the level of development acceptable in this location to ensure that adequate infrastructure is provided and to ensure that neither the retail nor environmental impact of the development exceeds that which has been assessed in consideration of the application and the Environmental Statement. Policies: BFBLP PE1i, PE1ii, E1

10. Foul and Surface Water No development of a Development Block shall be begun until a detailed scheme

for the disposal of foul and surface water from that Development Block consistent with the strategies approved pursuant to Condition 7 above has been approved by the local planning authority. The scheme for that Development Block shall be constructed and completed in accordance with the approved plans, and the Development Block shall not be occupied until the scheme has been implemented and is in place to receive foul and surface water discharges from that Development Block.

REASON: To prevent pollution of the water environment. Policies: BFBLP EN25 11. Contamination


No development of a Development Block shall be begun until an assessment of geotechnical and contamination ground conditions in respect of that Development Block has been submitted to the local planning authority and either the local planning authority has confirmed that no remediation and/or mitigation measures are required or it has approved a scheme of remediation/mitigation. In the event that a scheme of remediation/mitigation is approved it shall be implemented and observed

REASON: In order to protect public safety and the environment. Policies: BFBLP EN25 12. Transport Arrangements for Bus Station Unless otherwise agreed by the local planning authority, no development hereby

permitted shall be begun within the footprint of the existing bus station (as shown edged red on the plan at Appendix 3 attached to this permission) until the following have been approved by the local planning authority:-

(a) proposals for the provision of a permanent replacement bus station and taxi facilities, and

(b) (only if it is proposed that the permanent replacement facilities should not be provided and fully operational before development is begun within the footprint of the existing bus station) proposals for temporary arrangements to ensure the provision of an adequate temporary bus station and taxi facilities pending the permanent replacement facilities becoming fully operational (including proposals for the removal of the temporary arrangements upon the permanent facility replacement becoming fully operational).

Unless otherwise agreed by the local planning authority, no retail trading shall commence from any floorspace in the North Development Zone until the permanent replacement facilities approved pursuant to (a) above have been implemented and have become fully operational. Any proposals approved pursuant to (b) above shall be implemented and complied with.

REASON: These details are not included in the application and the Local Planning Authority wishes to ensure that adequate public transport provision is made and to ensure that the provision is acceptable in terms of visual amenity pedestrian movement.

Policies: PPG13; BFBLP M8 13. Notwithstanding the requirements of Condition 12 above, no development within

the South Development Zone shall begin until details have been approved by the local planning authority of proposals for the bus/rail interchange adjacent to the railway station. No retail trading shall commence from any floorspace in the North Development Zone until the approved proposals have been implemented and the bus / rail interchange has been brought into operation.

REASON: These details are not included in the application and the Local Planning Authority wishes to ensure that adequate public transport provision is made and to ensure that such provision is acceptable in terms of visual amenity, pedestrian movement and the retention of the link between bus and rail transport modes.

Policies: BFBLP M8 14. Car Parking No development within a Development Phase shall be begun until the local

planning authority has approved a programme of car parking provision for the Development Phase including:-

(a) total number of spaces (b) pedestrian routes within the car parks (if any) (c) details of car parking for people with disabilities, parents with toddlers


(d) means of access and egress control, including location of any barriers (e) working details of any ramps and entrances/exits, including any consequent

amendments to their widths (f) the layout and operation of car parks, including a detailed dynamic capacity

study to demonstrate whether there is sufficient reservoir capacity to prevent queuing extending onto the public highway

(g) Details of the ventilation of basement car parks. REASON: To ensure adequate provision is made for each phase of development;

in the interests of the convenience of car park uses and to ensure that an adequate level of safety for car users and pedestrians will be provided during the course of the development and on completion.

Policies: BFBLP M9, PE1(i), PE1(ii) 15. The development of a Development Phase shall be implemented in accordance

with the car parking programme approved pursuant to Condition 14 (as may be amended by agreement in writing with the local planning authority) and thereafter the car parking and facilities provided shall be retained unless otherwise agreed in writing by the Local Planning Authority.

REASON: To ensure adequate provision is made for each phase of development; in the interests of the convenience of car park users and to ensure that an adequate level of safety for car users and pedestrians will be provided during the course of the development and on completion.

Policies: BFBLP M9, PE1(i), PE1(ii) 16. Unless otherwise agreed by the Local Planning Authority no development shall

be commenced within the North Development Zone unless and until the Local Planning Authority has approved proposals for the provision of 2800 new car parking spaces capable of serving the North Development Zone.

REASON: To ensure adequate car parking provision is made; in the interests of the convenience of car park users and to ensure that an adequate level of safety for car users and pedestrians will be provided during the course of the development and on completion.

Policies: BFBLP M9, PE1(i), PE1(ii) 17. Unless otherwise agreed in writing by the Local Planning Authority no retail or

leisure floorspace within the North Development Zone shall be brought into use unless and until the car parking approved pursuant to condition 16 has been provided in accordance with the approved proposals and brought into use.

REASON: To ensure adequate car parking provision is made; in the interests of the convenience of car park users and to ensure that an adequate level of safety for car users and pedestrians will be provided during the course of the development and on completion.

Policies: BFBLP M9, PE1(i), PE1(ii) 18. The car parking provision for residential units shall not exceed a ratio of 0.9

spaces per dwelling. REASON: To accord with the provisions of the Environmental Statement and the

Appropriate Assessment and mitigation measures in respect of the SPA Policies: BFBLP M9 19. No car parking provision in addition to that shown in an approved Reserved

Matters application complying with Conditions 3 and 18 above as being provided for residential dwellings shall be provided for those dwellings.

REASON: To accord with the provisions of the Environmental Statement and the Appropriate Assessment and mitigation measures in respect of the SPA


Policies: BFBLP M9, PE1(i), PE1(ii) 20. Access The development of a Development Block shall not be begun until details of the

means of vehicular access, parking and turning facilities together with associated means of access for mobility impaired pedestrians and, where appropriate, community transport vehicles and vehicles over 2 metres in height, for that Development Block have been approved in writing by the local planning authority. The Development Block shall not be occupied until the approved details (as may be amended by agreement in writing with the local planning authority) have been implemented and the approved details shall thereafter be retained and kept available for use, unless otherwise agreed in writing by the local planning authority.

REASON: In the interests of securing safe access to the development and to ensure compliance with the Environmental Statement.

Policies: BFBLP EN22, M7 21. In the layout, scale and appearance of the development required to be submitted

as Reserved Matters pursuant to Condition 3 above, the gradients of footways, the gradient of rights of way and the gradients of cycleways shall not exceed those shown on Parameter Plan 12C unless alternative gradients which do not have a significantly different environmental impact are agreed in writing by the local planning authority.

REASON: In the interests of accessibility and to ensure compliance with the Environmental Statement.

Policies: BFBLP EN22, M7 22. The development of a Development Phase shall not be begun until details of the

design (including sections) of all ramps, pedestrian walkways or bridges, together with details of any alternative nearby access by lift or escalator and a programme for their provision have been approved in writing by the local planning authority. The approved details (as may be amended by agreement in writing with the local planning authority) shall be implemented in accordance with the approved programme and retained in working order in accordance with the approved details unless otherwise agreed in writing by the local planning authority.

REASON: In the interests of accessibility and to ensure compliance with the Environmental Statement.

Policies: BFBLP EN22, M7 23. The development of a Development Phase shall not be begun until details of

servicing arrangements in accordance with the Servicing Strategy approved pursuant to Condition 7 above and a programme for their implementation has been approved by the local planning authority. The servicing details shall include the following:

(a) details for the servicing of the units to be provided as part of each Development Block.

(b) details of the proposed changes in servicing to any existing units to be retained.

(c) the proposed management of the service areas The approved details, as may be amended by agreement in writing by the local

planning authority, shall be implemented in accordance with the approved programme and thereafter be retained, observed, performed and complied with. REASON: To ensure the proper planning and operation of servicing provision both during and following completion of the development.

Policies: BFBLP M5


24. Cycle Routes The development of a Development Phase shall not be begun until details of all

cycle routes within and serving that phase and including linkages to the local cycle route network and details of associated road markings and signage, and a programme for the provision thereof have been approved by the local planning authority. The approved details (as may be amended by agreement in writing with the local planning authority) shall be implemented in full in accordance with the approved programme (as may be amended by agreement in writing of the local planning authority) and the cycle routes, markings and signage shall thereafter be retained and kept available at all times, unless otherwise agreed in writing by the local planning authority.

REASON: To encourage and make provision for cycle transport as an alternative mode of transport.

Policies: BFBLP M1, M6 25. The development of a Development Phase shall not be begun until proposals for

the provision of cycle parking spaces, to include the number, type and location of cycle parking stands, lockable cycle cages and cycle equipment lockers, to be provided within car parks and the public realm included in that Development Phase and a programme for their provision have been approved by the local planning authority. The approved proposals (as may be amended by agreement in writing with the local planning authority) shall be implemented in accordance with the approved programme (as may be amended by agreement in writing of the local planning authority) and the cycle parking spaces shall be retained and kept available at all time, unless otherwise agreed in writing by the local planning authority.


Policies: BFBLP M1, M6 26. The development of a Development Phase shall not be begun until details of

advisory pedestrian and cyclist direction signs for all cycle routes and places of interest included in that Development Phase and a programme for their provision have been approved by the local planning authority. The approved details (as may be amended by agreement in writing with the local planning authority) shall be implemented in accordance with the approved programme (as may be amended by agreement in writing of the local planning authority) and the signs shall thereafter be retained and kept available at all times, unless otherwise agreed in writing by the local planning authority.


Policies: BFBLP M1, M6 27. Other Highway Conditions The development of a Development Phase shall not be begun until details of the

design and layout of all new and modified accesses to that Development Phase, including access for pedestrians and cyclists, visibility splays and a programme for their provision for that phase have been approved by the local planning authority. The development of the Development Phase shall thereafter be carried out in accordance with the approved details (as may be amended by agreement in writing with the local planning authority) and programme and the accesses shall be retained thereafter.


REASON: To ensure the development is in accordance with the local planning authorities approved standards and in the interests of safety for pedestrians, cyclists and other users of the highways.

Policies: BFBLP M1, M4 28. The approved visibility splays shall be kept free of all obstructions to visibility over

a height of 0.6 metres measured from the surface of the carriageway. REASON: To ensure the development is in accordance with the local planning

authorities approved standards and in the interests of safety for pedestrians, cyclists and other users of the highways.

Policies: BFBLP M1, M4 29. Unless otherwise agreed in writing by the local planning authority the

development of the North Development Zone shall not be begun until detailed plans have been approved by the local planning authority for a new vehicular egress from High Street car park to Market Street. Such details as approved shall be fully implemented prior to the closure of the northern part of The Ring to traffic, and shall be retained thereafter.

REASON: In the interests of highway safety. Policies: BFBLP M4 30. Waste In respect of all land uses except residential, no development of a Development

Phase shall be begun until a programme of measures to: (a) Minimise, re-use and re-cycle waste; (b) Minimise the pollution potential of unavoidable waste; (c) Provide for on-site storage of waste awaiting collection; and (d) Dispose of unavoidable waste in an environmentally acceptable manner;

have been approved in writing by the local planning authority. The approved programme of measures (as may be amended by agreement in writing with the local planning authority) shall be implemented and thereafter maintained and complied with at all times

REASON: To ensure the sustainable management of waste. Policies: BFBLP M5 31. Environmental Statement Mitigation Measures The development within a Development Block shall not be begun until proposals

for measures relevant to that block to secure compliance with the Sustainability Strategy approved pursuant to Condition 7 above have been approved by the local planning authority. The development of the Development Block shall be carried out in accordance with the approved measures which shall thereafter be implemented, operated and retained and complied with unless otherwise agreed in writing by the local planning authority.

REASON: To ensure compliance with the Environmental Statement. 32. The development hereby permitted shall not be begun until details of a

Relocation Strategy for existing businesses, including a programme for implementation is approved by the local planning authority. The approved strategy (as may be amended by agreement in writing with the local planning authority) shall be implemented in accordance with the approved programme. REASON: To ensure compliance with the Environmental Statement.

Policies: BFBLP PE1(i) PE1(ii), E4 33. No site clearance, demolition works or development shall be begun on any land

or buildings comprised within a Development Phase until:-


(a) Either a survey of the presence of bats and other protected species has been submitted to and approved by the local planning authority or the local planning authority has confirmed in writing that no such survey is required, and (b) in the event that any such survey confirms the presence of bats or other protected species on such land until a mitigation scheme to secure the location / and or re-location of the protected species has been approved in writing by the local planning authority.

Any such mitigation measures shall be implemented, performed and observed. REASON: To ensure compliance with the Environmental Statement.

Policies: BFBLP EN3 34. Prior to the commencement of the development hereby permitted, the following

information in relation to Hornet Moths (Sesia apiformis) which have been found on Poplar trees within Jubilee Gardens shall be submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved mitigation unless otherwise agreed:

1) Scope of Works - how this directly affects the moths i.e. how many poplars will be removed and a map to show this

2) Species Information - including life cycle and status 3) Mitigation - protection of features during construction, use of replanting,

translocation and habitat creation 4) Timescales - showing how works and mitigation overlap and taking into

account the emergence period REASON: In the interests of nature conservation [Relevant Policies: BFBLP EN3] 35. The development hereby permitted shall not be begun until: (a) Proposals for air quality monitoring have been approved in writing by the

local planning authority, the proposals to include the use of NO2 diffusion tubes or indicative monitors at agreed sites in the vicinity of the Town Centre and on haulage routes, and.

(b) the approved proposals have been implemented for a period of one year. A report setting out the results of the Air Quality monitoring and analysis shall be

submitted to the Council on the expiration of a period of one year from commencement of monitoring and thereafter on 1 April each year. Air Quality monitoring shall continue in accordance with the approved proposals until a period of one year has expired from completion of the Development.

REASON: To ensure compliance with the Environmental Statement and to enable monitoring of the development and impact on air quality.

Policies:BFBLP EN25 36. No demolition within a Development Zone shall be undertaken until: (a) a demolition material recycling study in respect of that Zone and, (b) a strategy for recycling of demolition material on or off site have been approved by the local planning authority. The approved strategy (as

may be amended by agreement in writing with the local planning authority) shall be complied with in full unless otherwise agreed in writing by the local planning authority.

REASON: To ensure compliance with the Environmental Statement. 37. No site clearance within a Development Zone, including tree and vegetation

removal and demolition of buildings or groundworks, shall be undertaken during the main bird-nesting period of 1 March to 31 July inclusive unless measures required to mitigate the impact on nesting birds, if any, have been approved in writing by the local planning authority. Any such measures (as may be amended


by agreement in writing with the local planning authority) shall be implemented in full unless otherwise agreed in writing by the local planning authority.

REASON: To ensure compliance with the Environmental Statement and in the interests of nature conservation.

Policies: BFBLP EN3 38. The details of appearance, layout and scale of any building proposed to be sited

adjacent to Listed Buildings submitted pursuant to Condition 3 above shall accord with the design principles contained in paragraph 12.4.4 of the November 2004 Environmental Statement (pages S12 - 14) as amended by the Environmental Statement submitted 25 June 2007 or any variations thereto approved in writing by the local planning authority which would not have a significant environmental impact other than those assessed in the Environmental Statement.

REASON: To ensure compliance with the Environmental Statement and to protect the setting of the Listed Buildings within the site.

39. The development shall be carried out in accordance with the mitigation measures

set out in the Environmental Statements as modified by the mitigation measures set out in any Environmental Statement submitted in support of any application in pursuant to conditions 6 and 9 to vary the parameter plans and wherever in these conditions the Local Planning Authority is given power to approve a variation to the mitigation measures, it shall only do so if it is satisfied that the relevant variation would not have significant environmental effects other than those assessed in the Environmental Statement referred to in this condition.

REASON: To ensure that the development complies with the Environmental Statement.

40. Energy Centre The development of Development Block N1, (incorporating the proposed

combined heat and power energy centre), shall not be begun until a scheme for the control of noise emanating from the building and associated plant and equipment has been approved by the local planning authority. The approved scheme shall be fully implemented prior to the building being brought into use and thereafter shall be operated.

REASON: In the interests of the amenities of the occupiers of nearby residential properties and premises.

Policy BFBLP EN20 and EN25 41. Prior to the commencement of the development of either the combined heat and

power unit or the residential development within Block N7(a), details of the flues and emissions from the combined heat and power unit shall be submitted to and approved in writing by the Local Planning Authority and shall include details of how the emissions from the flues shall be suppressed or dispersed in order that they do not adversely affect nearby residential amenities.

REASON: In the interests of the amenities of the occupiers of nearby residential properties and premises.

Policy BFBLP EN20 and EN25 42. Housing No more than 50% of residential units permitted pursuant to the planning

permission shall have more than one bedroom. REASON: Having regard to the appropriate assessment submitted to English

Nature by the Council in respect of the proximity of the development to the SPA it is necessary to ensure that the development comprises residential development that has an appropriate distribution of 1 and 2 bedroom flats.


Policies: BFBLP EN3 43. In respect of each Development Block that includes residential use, no

development within the Development Block shall be begun until details within that Block of the mix of 1 and 2 bedroom residential units have been agreed in writing by the local planning authority. The development shall be built and the mix of unit sizes shall be retained in accordance with the approved details or as may be amended by agreement in writing by the local planning authority.

REASON: Having regard to the appropriate assessment submitted to English Nature by the Council in respect of the proximity of the development to the SPA it is necessary to ensure that the development comprises residential development that has an appropriate distribution of 1 and 2 bedroom flats.

Policies: BFBLP EN3 44. Any application for the approval of layout, appearance and scale as Reserved

Matters in respect of any Development Block which is to include residential units shall include proposals as to the number of units which shall be fully accessible to wheelchair users. The Development Block shall be constructed in accordance with the approved proposals and retained thereafter.

REASON: In order to ensure that accessible housing is provided in accordance with the planning policies.

Policies: BFBLP H14 45. Notwithstanding the details shown on Parameter Plan 3C, the gross floorspace

for Class B1 use to be accommodated on Development Blocks NW2(a), NW2(b) and NW2(c) shall not exceed 35,000 sq m and the maximum height of any buildings on these Development Blocks shall not exceed 89.0m AOD for Development Block NW2(a), 93.5m AOD for Development Block NW2(b) and 98.0m AOD for Development Block NW2(c).

REASON: To ensure an adequate level of sunlighting and daylighting is achieved in respect of the nearest residential property on the north side of Millennium Way whilst achieving a gateway building of high design.

Policies: BFBLP EN20 46. Unless otherwise agreed in writing by the local planning authority, the detailed

design of Development Blocks S6.1 and S6.2 required to be submitted for approval of Reserved Matters pursuant to Condition 3 above shall ensure that there are no windows serving habitable rooms in the north elevation of Development Block S6.2, or in the north elevation of Development Block S6.1a, S6.1b or S6.1c for a distance of 50m measured east of the point at which it abuts Development Block S6.2.

REASON: To restrict overlooking and protect the privacy and amenities of the adjacent residential property.

Policy: BFBLP EN20 47. Notwithstanding the details shown on Parameter Plan 3C; (a) the gross floorspace to be accommodated on Development Block NW4.1

shall not exceed 7,500sq m, and the maximum height of any buildings shall be 90m AOD and

(b) the gross floorspace to be accommodated on Development Block NW4.2 shall not exceed 7000 sq m, and the maximum height of any buildings shall be 81m AOD.

unless the prior written permission of the local planning authority is obtained to any variation thereto. If the permission of the local planning authority is obtained


for any variation thereto, the relevant Development Block shall only be constructed in accordance with the permitted variation.

REASON: To ensure that a satisfactory form of development is achieved. Policies: BFBLP EN20 48. Notwithstanding the details shown on Parameter Plan 2C, the details required to

be submitted for approval of Reserved Matters pursuant to Condition 3 above for Development Block N4.3 shall provide for a building not exceeding 15m in depth (east to west) and 22m in width unless otherwise agreed in writing by the local planning authority, in which case the details shall be as agreed by the local planning authority.

REASON: To ensure that a satisfactory form of development is achieved. Policies: BFBLP EN20 49. Notwithstanding the details shown on Parameter Plan 2C, the details required to

be submitted for approval of Reserved Matters pursuant to Condition 3 above for Development Block N4.3 shall provide for a building not exceeding 15m in depth (east to west) and 22m in width unless otherwise agreed in writing by the local planning authority, in which case the details shall be as agreed by the local planning authority.

REASON: To ensure that a satisfactory form of development is achieved. Policies: BFBLP EN20 50. General Conditions Unless otherwise agreed in writing by the local planning authority no more than

two retail units (use class A1) shall exceed 9290 sqm each and not less than 70 retail units (Use Class A1, A2, A3, A4 and A5) of 465 sqm and below will be provided in the North Zone. (For the purposes of this condition floor areas shall be taken to mean gross lettable area)

REASON: To ensure provision of a range of shop unit sizes. Policies: BFBLP E1 and E3 51. Unless otherwise approved by the local planning authority not more than 5% of

any active ground floor frontage within a Development Block along the active frontages as shown in the plan at Appendix 4 to this planning permission facing the public realm areas of Charles Square, The Broadway, New Jubilee Gardens and Market Square shall be used for purposes other than for Classes A1 (Shops), A3 (Restaurants and Cafes), A4 (Drinking Establishments) and Class C1 (Hotels) as defined in the Town and Country Planning (Uses Classes) Order 1987).

REASON: To ensure that active frontages are provided and retained where adjacent to public realm areas in the interests of the character and vitality of the area.

Policies: BFBLP E1, E9 52. Notwithstanding the provisions of the Town and Country Planning (General

Permitted Development) Order 1995 there shall be no change of use of Class A3 (Restaurants and Cafes) or Class A4 (Drinking Establishment) units along the active frontages referred in to Condition 50 above, to A2 (Financial and Professional Services) save with the prior written consent of the local planning authority.

REASON: To ensure that active frontages are provided and retained where adjacent to public realm areas in the interests of the character and vitality of the area.

Policies: BFBLP E1, E9


53. No development shall take place within the site, including any works of demolition

and ground preparation works, until the applicant, or their agents or their successors in title, has secured and implemented a programme of archaeological work (which may comprise more than one phase of work) in accordance with a written scheme of investigation, which has been submitted to and approved in writing by the Local Planning Authority. The development shall only take place in accordance with the detailed scheme approved pursuant to this condition.

Reason: To ensure that any archaeological remains within the site are adequately investigated and recorded or preserved in situ in the interest of protecting the archaeological heritage of the borough.

Policies: BFBLP EN7 54. No development of a Development Block shall be begun until a scheme to secure

a minimum of 20% of the predicted total energy requirements of the Development Block from renewable energy sources has been approved by the local planning authority. The scheme shall be fully implemented prior to the Development Block being brought into use, or alternatively, in accordance with a phasing programme that has been agreed in writing by the local planning authority as part of the scheme. The approved scheme shall be retained in place and operated thereafter unless otherwise agreed in writing by the local planning authority. REASON: To ensure a proportion of sustainable energy provision to the development.

55. No part of Development Blocks N3.1 and N4.1 shall be used for any use within

Use Class D2 (Assembly and Leisure) [as defined in the Town and Country Planning (Uses Classes) Order 1987] save with the prior written agreement of the local planning authority.

REASON: To protect the residential amenities of occupiers of nearby existing and proposed residential properties.

Policies: BFBLP EN20, EN25 56. Each application for the approval of the detailed layout, scale and appearance of

each Development Block to be submitted for approval of Reserved Matters pursuant to Condition 3 above shall be accompanied by proposed measures and details for pest-proofing the Development Block from pigeon infestation in terms of the form of construction and intended operation thereafter. The Development Block shall be constructed in accordance with the approved details and the approved measures shall thereafter be retained, observed and performed.

REASON: To ensure that measures to deal with pigeon infestation are incorporated into the design of the building in the interests of achieving a quality development.

Policies: BFBLP EN20 57. Unless otherwise agreed in writing by the local planning authority no proposals

comprised within an application for Reserved Matters shall be implemented in respect of a Development Block unless such proposals accord with a design strategy approved in writing by the local planning authority for the Development Zone in which the Development Block is located. The design strategy for each Development Zone is to include the range of materials to be used in external surfaces and to comply with the principles set out in the Illustrative Design Statement accompanying the outline planning application.

REASON: To produce a coherent design across the development in the interests of proper planning and the visual amenities of the area

Policies: BFBLP E1, EN20


58. The details of layout, scale and appearance for the North Development Zone

required to be submitted pursuant to Condition 3 above shall be accompanied by proposals for open and covered shopping areas in accordance with the arrangements shown in Parameter Plan 2C unless otherwise agreed in writing by the local planning authority.

REASON: To provide a mixed and varied shopping environment. Policies: BFBLP E1 59. Tree Protection No development of Development Block S6.2 shall be begun until the Council has

approved proposals to ensure that no tree within the tree screen identified by Charles Funke Associates Survey numbered 812 and 824-831 submitted by the applicant and received on 9 February 2005 dies or is damaged during or in consequence of the carrying out of development within that Development Block. The tree proposals shall be implemented and complied with. In the event of any such tree dying within a period of 5 years from the completion of the carrying out of development within Development Block S6.2 a replacement tree of a species and size specified in writing by the local planning authority shall be provided during the first available planting season after service of such specification

REASON: To protect the privacy and residential amenity of the occupier/s of The Presbytery St Josephs.

Policies: BFBLP EN20 60. No development within a Development Phase shall be begun until details of all

trees within that Development Phase (or on any immediately adjoining land where trees may be affected by the carrying out of works) which are to be retained, and a scheme for the protection of such trees in accordance with British Standard 5837, has been agreed in writing by the local planning authority.

REASON: In order to safeguard the trees that are considered worthy of retention in the interests of the visual amenities of the area.

Policies: BFBLP EN2 and EN20 61. Within each Development Phase the erection of fencing or any other measures

for the protection of any tree to be retained shall be undertaken in accordance with the scheme agreed pursuant to Condition 59 before any equipment, machinery or materials are brought on to the site for the purposes of carrying out the development within that Development Phase, and shall be maintained thereafter until all such equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without and in accordance with the written consent of the local planning authority.


Policies: BFBLP EN2 and EN20 62. No tree shown to be retained in accordance with the details approved pursuant to

Condition 59 above shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without and in accordance with the written approval of the local planning authority. Any topping or lopping approved shall be carried out in accordance with British Standard 5837. If any retained tree is removed, uprooted or destroyed or dies, within 5 years of the completion of that Development Phase another tree shall be planted at the same place and that tree shall be of such size


and species, and shall be planted at such time, as may be specified in writing by the local planning authority.


Policies: BFBLP EN2 and EN20 63. Landscaping Any application pursuant to Condition 3 for the approval of landscaping as a

reserved matter shall be accompanied by proposals for the following in respect of the relevant Development Zone:

(a) The proposed finished ground levels or contours; (b) Proposed and existing utilities apparatus above and below ground

(including pipes wires cables and manholes) and (c) Planting plans; written specifications for planting (including cultivation and

other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/ densities where appropriate.

(d) A programme for the implementation of landscaping works. (e) Proposals and a schedule of landscape maintenance for a minimum period

of ten years. No approval of Reserved Matters for the Development Zone shall be

implemented unless and until the local planning authority has approved proposals in respect of (a) to (e) above. The approved proposals shall be implemented, observed and performed.

REASON: To ensure the development is landscaped in the interests of the visual amenities of the area.

Policies: BFBLP EN2 and EN20 64. Any trees or shrubs which are approved in a scheme pursuant to Conditions 3

and 62 and which within a period of 5 years from planting, die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority.

REASON: To compensate for any damaged or dead vegetation in the interests of the visual amenities of the area.

Policies: BFBLP EN2 and EN20 65. No development shall be begun on Development Blocks W3, W4, W5 and W6

until a scheme for public art provision within the relevant Development Block has been approved by the local planning authority. The approved scheme shall be implemented before the first occupation of the relevant Development Block or Blocks. The public art shall thereafter be retained unless otherwise agreed in writing by the local planning authority.

REASON: In the interests of the visual amenities of the area and the heritage of the Borough.

Policies: BFBLP EN27


Summary Of Reason(s) For Decision: The following development plan policies have been taken into account in determining this planning application: Core Strategy DPD Link: http://www.bracknell-forest.gov.uk/core-strategy-development-plan-document-february-2008.pdf The proposal accords with the following Core Strategy Development Plan Document Policies : * CS1 – which seeks to ensure that development makes efficient use of land and buildings, reduces the need for travel, promotes a mix of uses, conserves water and energy use, supports the economic wellbeing of the population, protects and enhances safety, natural resources, character of local landscape and historic and cultural features. * CS2 – which seeks to ensure that land will be allocated for development in the following order: Bracknell Town Centre; previously developed land and buildings in defined settlement; other land within defined settlements where there is no conflict with other policies; extensions to defined settlements with good public transport links. * CS3 – which seeks to ensure that development within Bracknell Town Centre will contribute to the vision and function of the town centre. * CS6 – which seeks to ensure that development will mitigate adverse impacts upon communities, transport and the environment. * CS7 – which seeks to ensure that developments are of high quality design. * CS10 – which requires development proposals to be accompanied by a Sustainability Statement. * CS12 – which requires development proposals to be accompanied by an Energy Demand Assessment * CS14 – which seeks to avoid an adverse impact upon the integrity of the Thames Basins Heaths Special Protection Area. * CS17 – seeks to require residential development on suitable sites to provide affordable housing. * CS19 – which permits employment generating development within Bracknell Town Centre and defined employment areas. * CS21 – which seeks to ensure that new retail development is directed to identified town centres, and the scale and nature of the retail uses is consistent with the role and function of the centre. * CS23 – which seeks to ensure the Council will use its powers to reduce the need to travel, and promote alternative modes, increase safety of travel and maintain and improve the local road network. * CS24 – which seeks to ensure that development will mitigate any transport impacts which may arise from the development or cumulatively with other proposals. Waste Local Plan for Berkshire adopted 1998 WLP6 Waste Collection and Disposal Implications WLP7 Minimisation and Re-use of WastePPS1, PPS3, PPS4, PPS5, PPS9, PPS10, PPG13, PPG17, PPS22, PPS23, PPG24, PPS25. WLP8 Recycling of Materials WLP9 Provision of Waste Collection / Recycling Facilities a) Bracknell Forest Borough Local Plan (saved policies)


Link: http://www.bracknell-forest.gov.uk/environment/env-planning-and-development/env-planning-policy/env-bfb-local-plan.htm#introduction The proposal accords with the following saved policies of the Bracknell Forest Borough Local Plan: • EN1 – which seeks to protect tree and hedgerow cover. • EN2 – which seeks to supplement tree and hedgerow cover. • EN3 – which seeks to ensure that the special value and character of SPAs, SACs

and SSSIs are protected. • EN7 – which seeks to preserve important archaeological remains (not subject of policy EN6). • EN20 – as it would be acceptable in terms of its impact upon the character of the

area, and amenity of surrounding properties and adjoining area. • EN22 – which seeks to ensure there will be convenient access, parking space and facilities for people with disabilities. • EN25 – which seeks to avoid development which would generate unacceptable levels of noise, smoke, gases, fumes, effluent, vibration, dust or other environment effects which would adversely added the amenities of occupiers or buildings, or users of outdoor space. • EN26 – which seeks to ensure that development for energy generation would not

create environmental problems, impact upon highway safety, or result in a hazard prejudicial to the future use of the energy generation site or surrounding land.

• E1 – which seeks to permit development, redevelopment and enhancements which will strengthen and improve the retail area of Bracknell Town Centre and rejuvenate and regenerate areas of poor townscape quality.

• E4 – which seeks to permit development involving a variety and size of buildings for new and small businesses. • E5 - which seeks development to be consistent with the hierarchy of shopping

centres (major town centre, small town centres, village and neighbourhood centres, local parades

• H8 – which seeks to ensure the provision of affordable housing on sites where development would result in a net increase of 25 or more dwellings. • H14 – which seeks to ensure that new dwellings are accessible to all. • M1 – which seeks to ensure that highway schemes and traffic management schemes give priority to the needs of pedestrians, cyclists and public transport. • M4 – which seeks to ensure that development which would result in a material

increase in the use of the existing highway will provide appropriate pedestrian, cycling and public transport routes.

• M5 – which seeks to ensure that development will provide adequate off-street serving provision.

• M6 – which seeks to ensure that development will provide for safe, direct and well signed cycle and pedestrian routes.

• M7 – which seeks to ensure that new development will access for all, and the use of highway and footpath networks, parking and public transport.

• M8 – which seeks to ensure new development facilitates and promotes the use of public transport.

• M9 – which seeks satisfactory parking provision for vehicles and cycles. • R4 – which requires the provision of 4.3 hectares of open space of public value

per 1,000 population on residential sites larger than one hectare. • R6 – which permits visitor accommodation where it would not result in environmental problems or inconvenience on the public highway. • SC3 – which seeks to ensure there would be no net reduction of existing community facilities. * PE1(i) Land in the Northern Sector of Bracknell Town centre, and


* PE1(ii) Land in the South of Bracknell Town Centre In addition to the above development plan policies the following Supplementary Planning Guidance has been taken into account: * Bracknell Town Centre Urban Design Framework (adopted 1998) * Town Centre Master Plan (adopted 2002) * Affordable Housing for Residential Development (adopted 2003) * Designing for Accessibility in Berkshire (published 2005) * Limiting the Impact of Development, Supplementary Planning Document (adopted July 2007) * Bracknell Forest Borough Parking Standards, Supplementary Planning Document (adopted July 2007) * Sustainable Resource Management (October 2008) * Amen Corner (March 2010) The following guidance notes and statements issued by the Department of Communities and Local Government have also been taken into account: a) Planning Policy Statements Link: http://www.communities.gov.uk/planningandbuilding/planning/planningpolicyguidance/planningpolicystatements/ NB: there may be a requirement to expand on the summary of the PPGs/PPSs, for example if an agricultural workers dwelling is granted in the countryside, refer to the relevant tests as set out in Annex A of PPS7. * PPS1: ‘Delivering Sustainable Development’ which sets out sets out the overarching planning policies on the delivery of sustainable development through the planning system. * Supplement to PPS1: ‘Planning and Climate Change’, which supplements PPS1 by setting out how planning should contribute to reducing emissions and stabilising climate change and take into account the unavoidable consequences. * PPS3: ‘Housing’, which seeks to achieve high quality and well-designed housing; a mix of housing, both market and affordable; housing developments in suitable locations, which offer a good range of community facilities and with good access to jobs, key services and infrastructure; a flexible, responsive supply of land; and effective use of land, including re-use of previously-developed land, where appropriate. * PPG4: ‘Industrial, Commercial Development and Small Firms’, * PPS9: ‘Biodiversity and Geological Conservation’ which sets out the need to conserve, enhance and restore the diversity of England’s wildlife and geology. * PPG13: ‘Transport’ which sets out the need to integrate planning and transport at the national, regional, strategic and local level and to promote more sustainable transport choices * PPG17: ‘Planning for Open Space, Sport and Recreation‘ which seeks to maintain and enhance an adequate supply of open space and sports and recreational facilities * PPS22: ‘Renewable Energy’, which sets out the need to improve energy efficiency and facilitate the development of renewable energy resources. * PPS23: ‘Planning and Pollution Control’, which sets out the need to consider the quality of land, air or water and potential impacts arising from development, * PPG24: ‘Planning and Noise’, which sets out considerations to be taken into account for noise-sensitive developments and for those activities which generate noise. * PPS25: ‘Development and Flood Risk’, which sets out the need to avoid inappropriate


development in areas at risk of flooding, and to direct development away from areas at highest risk, and ensure that applications are supported by site specific Flood Risk Assessments where appropriate. In assessing the planning application the following material considerations have been taken into account: An assessment of the likely significant environmental impacts arising from the proposed development in accordance with the Environmental Impact Assessment Regulations 1999 including the following topics; (i) Scheme Justification & Alternatives; (ii) The Proposals, Land Use & Planning Policy; (iii) Townscape and Visual Impact; (iv) Transport; (v) Air Quality; (vi) Noise & Vibration; (vii) Ecology; (viii) Water Resources; (ix) Soil Conditions and Contamination; (x) Archeology and Built Heritage; (xi) Microclimate; (xii) Socio-economics; (xiii) Construction Environment Management; (xiv) Sustainability; and (xv) Television and Radio Interference. The Environmental Statement referred to above, which includes the Transport Assessment, informed the consideration of the following planning issues where appropriate: a) Land use principles: The approved major mixed use scheme comprising retail, commercial and residential components and other ancillary development, in a sustainable location within the town centre of an existing urban area with established public transport facilities, complies with government guidance and planning policy statements. The principle of this major development also complies with Development Plan Policies and Supplementary Planning Guidance in terms of the scale of the retail, housing, leisure and business provision and the reprovision of Key Town Centre uses (as defined in the glossary), and the transport infrastructure works and public transport provision required to mitigate the development. b) Retail development scale and impacts: The scale and location of the approved retail element of the development is appropriate in terms of its role and function and impact on nearby towns. It is necessary to serve the local catchment community and as part of a mixed use development to achieve the regeneration of the town. The scale of the retail development fully accords with government advice in PPS6, Development plan policy, and Supplementary Planning Guidance. c) Transport provision and impacts: The approved development and the associated Section 106 Agreements include provision for, parking, on site highway works, off site highway works, public transport provision, park and ride, cycling, walking, access for persons whose mobility is impaired, travel planning and construction impacts and the proposed mitigation measures have been assessed including the impacts during the development process. The development as approved is a balanced development providing adequate transportation mitigation measures through planning conditions and the S.106 agreement and is consistent with government guidance and development plan policy


and Supplementary Planning Guidance. Conditions are included relating the level of parking required prior to occupation of the north development zone. d) Housing development scale and type: The approved housing development complies with government guidance in terms of its location and will create a better balance between jobs and workers which will sustain the town centre in providing daytime and evening custom and activity. The approved housing element of the development will deliver a sustainable mix of private, affordable and low cost home ownership to meet a range of needs. These aims will be achieved through planning conditions and the requirements of the Section106 agreement/s. The proposed housing makes a significant contribution to the housing targets as identified in Development Plan policy and is acceptable in terms of Supplementary Planning Guidance. e) Employment provision and impacts: The approved business development and additional employment generated by the approved retail, leisure and other town centre uses are located within a town centre in an existing urban area with established public transport facilities. This complies with government guidance and planning policy statements. Development Plan policy also indicates that major business development is appropriate in this location subject to the provision of mitigation measures. As this approved business development is part of a mixed use development providing additional housing and improvements to the transport infrastructure and public transport the proposal is consistent with Development Plan policy. f) Balance and mix of uses: The overall quantum of floorspace approved and its use is similar to that contained in the Supplementary Planning Guidance. However there is a reduction in business floorspace and an increase in residential floorspace and the addition of leisure floorspace and a hotel. These changes, which compliment retail activity, add vitality and viability to the development and are therefore consistent with government advice. The approved development also makes provision for relocation of existing Key Town Centre uses. g) Built Environment: The relationships between buildings, both existing and proposed, have been assessed in terms of scale, bulk, massing and implications for the occupiers of neighbouring properties in terms of residential amenity, daylighting and visual impact. Conditions and/or planning obligations have been imposed on the planning permission to ensure that, as and when Reserved Matters applications are brought forward, the development will be acceptable in this respect to accord with development plan policy. In addition an assessment of urban design issues has been undertaken and the proposals for the provision of Public Realm and Public Art are considered acceptable, subject to conditions. The proposals comply with the government guidance, development plan policy and Supplementary Planning Guidance. h) Listed Buildings and Archaeology: The impact of the proposed development on the five grade II Listed Buildings and the settings of those buildings, and the potential for archaeological finds have been assessed. It has been found that there is a low likelihood of any archaeological remains and that the approved development would preserve the settings of the Listed Buildings and the parameter plans have been amended to address the previous restrictions imposed by conditions. The development approved is consistent with government guidance and development plan policy in this respect. i) Public Spaces, Art and Trees: The approved development and associated Section 106 agreements make adequate provision for public open space which is similar in terms of size to that which is to be lost. The replacement open space will integrate well with other development as part of the proposal including the civic hub and replacement British Legion, the relocated bus station and the proposed retail development. The approved open spaces will provide a


range of spaces that will have different characters and uses. An audit of public art is proposed and the future provision of public art will be achieved through the requirements of the planning conditions and the S.106 agreement. An assessment of the existing trees has been made and a number have been identified as being worthy of retention, these are identified for retention by planning conditions. Conditions requiring future landscaping have also been imposed and subject to these conditions the development complies with national planning guidance and development plan policy. j) Natural Environment: An assessment of the general environmental effects associated with the approved development has been made including, noise, vibration, air quality (both during and post construction), ecological issues, ground contamination, micro climate and potential for TV/radio signal interference. The Construction Environmental Management Plan (CEMP) as required through planning conditions adequately deals with environmental matters relating to the construction phase. Other conditions imposed and Section106 requirements deal with post construction environmental issues. An appropriate assessment of the impact of the residential element of the development on the Thames Basin Heaths Special Protection Area has identified a number of mitigation measures which are to be provided through the Section106. Conditions have been imposed to deal with potential ground contamination and mitigation measures required by the Environmental Statement. Subject to the conditions and Section106 requirements the proposed development complies with government guidance and development plan policy. k) Sustainability: The approved development is sustainable in that it will make full and effective use of urban land that it is closely related to the public transport network and measures to limit the car parking are proposed. Provision will be made through the planning conditions imposed and the S.106 agreement to require strategies and Reserved Matters details to deal with waste prevention, minimisation and recycling; building design to conserve natural resources; energy saving through efficient use of materials and orientation of buildings; sustainable urban drainage systems; use of recycling systems, and measures to ensure the development does not result in contamination of air, noise or land. The development therefore complies with government guidance and development plan policy. l) Comprehensive delivery of the proposals: The approved development is consistent with an overall framework for comprehensive town centre redevelopment. That part of the development proposed to be provided by the applicant will provide the necessary main infrastructure and public realm elements required for comprehensive redevelopment and is likely to provide an environment in which other development will be encouraged. The planning conditions and the requirements of the Section106 agreement will ensure that the main elements of the development required to ensure a mixed use development, public realm provision and transport infrastructure will be provided in the interests of proper planning and in accordance with development plan policy and Supplementary Planning Guidance. m) In summary: The approved development complies with national, regional and local development planning policies to deliver a sustainable comprehensive re-development and regeneration of Bracknell Town Centre. The approved development provides a balanced mix of uses including housing; retail; business; leisure and community facilities. The retail element is at a scale to serve the local catchment area and accords with Bracknell Town Centre's place in the regional shopping hierarchy. The development is at scale that will serve the local community and which will lead to the regeneration of the Town Centre as a whole. The planning application has therefore been approved subject to the appropriate limitations and mitigation measures on the permission and the planning obligations contained in the related Section106


agreement. Informative(s): 01. Any detailed design shall have regard to the advice in the Building Research

Establishment (BRE) "Site Layout Planning for Daylight & Sunlight - A Guide to Good Practice".

02. Measures to minimise the effects of external noise on new dwellings will need to

include sound attenuation, landscaping, building orientation and design and should demonstrate that the following noise levels expressed as LAeq.tdB are to be achieved:

Time Location Noise Level 0700-2300 Habitable rooms 40 dB(A) 2300-0700 Habitable rooms 35dB(A) If fixed shut glazing forms part of the scheme, dwellings should incorporate a

specifically designed artificial ventilation system capable of meeting the requirements of Building Regulations.

03. Under the terms of the Water Resources act 1991, the prior written consent of

the Environment Agency is required for any discharge of sewage or trade effluent into controlled waters (e.g. watercourses and underground waters), and may be required for any discharge of surface water to such controlled waters or for discharge of sewage or trade effluent from buildings or fixed plant into or onto ground or into waters which are not controlled waters. Such consent may be withheld. Contact Environment Agency 01276 454447 for further details.

04. Under the terms of the Water Resources Act 1991, the prior written consent of

the Environment Agency is required for dewatering from any excavation or development to a surface water course. Contact Environment Agency 01276 454447 for details.

05. In order to carryout effective fire fighting operations all aspects of Section B5 of

Approved Document B (The Building Regulations) and the Berkshire Act should be taken into account when developing plans for this project. Contact Royal Berkshire Fire and Rescue Service for details.

06. Thames Water recommends in order to ensure that the foul and surface water

discharge from the site is not prejudicial to the existing sewage system that the Applicant consult with them regarding means of connection to Public Sewers pursuant to Sections 98 to 101 of the Water Industry Act 1991.

07. Any detailed design shall have regard to the advice in shall have regard to

Energy Efficiency with reference to the Building Research Establishment Environmental Assessment Method (BREEAM standards).

08. All dwellings should meet the 'Secured by Design' criteria. Information is

available at www.securebydesign.com 09. Food Registration - The proposed development includes premises which will be

required to comply with the Food Safety Act 1990, the Health and Safety at Work etc. Act 1974 and related Regulations. Further information should be sought by contacting the food and safety team on Bracknell (01344) 352000.

10. Surveys and schemes required to be submitted in respect of trees to be


retained shall have regard to the requirements of British Standard BS 5837 'Trees in Relation to Construction Recommendations' (2005).

11. All landscaping schemes required to be submitted shall have regard to the

requirements of British Standard 4428 'General Landscape Operations' (1989) and British Standard 3998 ' Specification of Trees and Shrubs' (1992).

12. Condition 4 is imposed as the proposed development encompasses land some

of which is not within the ownership of the applicant ("third party land") and it was therefore not possible to bind third party land under the Section 196 Agreement entered into by the applicant. In order to ensure that in carrying out development on any of the third party sites an appropriate contribution is made to secure the infrastructure required in consequence of the development and to mitigate the impact of development of third party land that part of the development proposed for a third party site is precluded unless and until the owners of the site enter into a section 106 agreement with the Council containing planning obligations appropriate to the site

13. In relation to conditions 16 and 17, the 2800 car parking spaces to serve the

north development zone could be provided in the north development zone and the central development zone and any other alternative location considered appropriate by BFBC (i.e. park and ride).

14. Attachments to this permission Annex 1 - Guidance for Construction Environmental Management Plan (CEMP) Annex 2 - Floor space schedule Annex 3 - Plan referred to in condition 12 (footprint of existing bus station) Annex 4 - Active Frontages Plan In the event of the S106 planning obligation(s) not being completed by 4th October 2010 the Head of Development Management be authorised to REFUSE the application on the grounds of:- 01. In the absence of a planning obligation to secure affordable housing and key

worker housing in terms that are satisfactory to the Local Planning Authority, the proposal is contrary to Policy H8 of the Bracknell Forest Borough Local Plan, Policy CS16 of the Core Strategy Development Plan Document and to Supplementary Planning Guidance on Affordable Housing (adopted September 2003), as revised by Planning Policy Statement 3 – ‘Housing’.

02. The proposed development would unacceptably increase the pressure on

highways and transportation infrastructure, public open space, community, and educational facilities. In the absence of a planning obligation in terms that are satisfactory to the Local Planning Authority, and which secure contributions towards integrated transport and highway safety measures, a travel plan, open space, community and educational facilities, the proposal is contrary to Policies R5 and M4 of the Bracknell Forest Borough Local Plan and CS6, CS8, and CS24 of the Core Strategy Development Plan Document and to Supplementary Planning Document Limiting the Impact of Development (adopted July 2007).

Doc. Ref: Uniform 7/DC/Agenda The application file to which this report relates can be viewed at the Council's Time Square office during office hours or online at www.bracknell-forest.gov.uk