Palm Hills , London Road, BRACKNELL, RG12 9FR

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision Inquiry held on 8, 9 and 10 June 2021 Site visits made on 24 May and 15 June 2021 by Peter Rose BA MRTPI DMS MCMI an Inspector appointed by the Secretary of State Decision date: 12 July 2021 Appeal Ref: APP/R0335/W/21/3267437 Palm Hills Complex, London Road, Chavey Down, Berkshire, RG12 9FR • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission. • The appeal is made by Shanly Homes against the decision of Bracknell Forest Council. • The application Ref: 19/00847/OUT, dated 13 September 2019, was refused by notice dated 13 November 2020. • The development proposed is described as ‘outline consent (with landscaping reserved) for the demolition of the existing Palm Hills complex and redevelopment of the site to provide 81 dwellings (15x1b, 8x2b, 49x3b and 9x4b) with associated car parking, landscaping and amended access onto London Road’. Decision 1.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision The appeal is allowed and outline planning permission is granted with landscaping reserved for the demolition of the existing Palm Hills complex and redevelopment of the site to provide 81 dwellings (15x1b, 8x2b, 49x3b and 9x4b) with associated car parking, landscaping and amended access onto London Road, at the Palm Hills Complex, London Road, Chavey Down, Berkshire, RG12 9FR in accordance with the terms of the application Ref: 19/00847/OUT dated 13 September 2019, and subject to the conditions set out in the attached Schedule. Applications for costs 2. At the Inquiry applications for costs were made by Shanly Homes against Bracknell Forest Council. These applications are the subject of separate Decisions. Procedural matters 3. The appeal is accompanied by some very minor amendments to the site boundary as agreed by the Council, and with adjustments to corresponding details on other application drawings. These adjustments were necessary to ensure consistency with the appeal site Land Registry details and do not involve any material changes to the application. 4.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision The appeal is supported by a completed agreement dated 17 June 2021 made pursuant to section 106 of the Act (the planning agreement), and supplemented by a deed of variation dated 25 June 2021. 5. Only landscaping remains as a reserved matter not subject to this appeal. https://www.gov.uk/planning-inspectorate

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision The appeal is supported by a completed agreement dated 17 June 2021 made pursuant to section 106 of the Act (the planning agreement), and supplemented by a deed of variation dated 25 June 2021. 5. Only landscaping remains as a reserved matter not subject to this appeal. https://www.gov.uk/planning-inspectorate

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision Appeal Decision APP/R0335/W/21/3267437 6. The Council’s previous objections set out in Reasons 02, 03, 04 and 05 of its decision were not maintained at the Inquiry. The main parties instead agreed these could be addressed through conditions and/or through the terms of the planning agreement should the appeal be allowed. Main issue 7. The main issue in this appeal is the effect of the development upon the character and appearance of the appeal site and its surroundings. More specifically, the issue is whether or not the scale, layout and levels of activity and traffic generation associated with the proposal would have an overly intensive and urbanising impact on the character of the area and so fail to provide an appropriate transitional form of development for this edge of settlement site. Of particular concern to the authority is the presence of an apartment block and of split-level housing. Reasons Character and appearance The existing site 8. The appeal site occupies some 2.8 hectares and is located on the eastern side of Bracknell.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision It is bounded by the rear of existing residential properties fronting Long Hill Road to the west and fronting London Road (the A329) to the south, and by designated countryside comprising woodland and open land to the east and the north.1 A former landfill site is located to the north. The appeal site is served by an existing private and secured access from London Road. 9. The immediately surrounding built form is largely ribbon development fronting the main roads of London Road and Long Hill Road. This is principally residential in character, although a large car showroom lies further to the west. Much of the surrounding area comprises traditional detached and semi-detached 2-storey dwellings but of varied designs and typically set within sizeable plots. The resulting overall planning character is predominantly one of relatively low intensity residential development. 10. The appeal site itself is of mixed character and form. It contains three residential dwellings (Fern Bungalow, Palm Hills Bungalow and the front part of Palm Hills Guest House) and all set well back into the site. The residential buildings appear as unrelated, well-maintained large detached houses set within grounds.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision Their condition contrasts with the other various commercial and vacant parts of the site which include areas of unmanaged and overgrown vegetation, sundry buildings and structures of mixed character and form, and areas of hardstanding. 11. The site is therefore lacking any single coherent character or appearance but does display two more generally distinctive features. The first is its sense of physical enclosure and which affords little public exposure from the outside. The second is ground levels. In particular, it is a sloping site in which levels rise markedly from south to north where the land is significantly higher than at its London Road frontage.2 1 See Appendix A to Mrs Jones’ Proof of Evidence 2 See drawing Ref: 1295/Pln/143D for full details https://www.gov.uk/planning-inspectorate 2

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision Appeal Decision APP/R0335/W/21/3267437 Scale and site capacity 12. Most of the appeal site is identified for development as Edge of Settlement housing by Policy SA 3 of the SALP3 (the allocated site). The allocated site includes the residential properties of Sandbanks on Long Hill Road and Dolyhir on London Road. The appeal site does not include Sandbanks or Dolyhir, but does incorporate some further land to the west and along the northern and eastern boundaries. 13. Policy SA 3 identifies a developable area of 1.81 hectares. This is based upon a 70% net developable area which the Policy states to be achievable given the need to provide some on-site open space. The Policy identifies a capacity for 49 dwellings reflecting a density of 30 dwellings per hectare. 14. The parties previously accepted that the density of the proposal did not exceed 30 dwellings per hectare4. Further examination at the Inquiry agreed that, looking alternatively at the developable area, the proposed density would be slightly higher at some 34 dwellings. 15. Density is a material consideration, and an informative tool for assessment.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision Although the density based upon developable area may be slightly higher than the allocated figure, the significance of that relatively marginal transgression, if at all, will be revealed in other matters. Consequent harm or otherwise requires a rounded view of the implications arising from that particularly proposed intensity of development in terms of both the character and appearance of the appeal scheme itself and of how that relates to its wider surroundings. A further 4 dwellings per hectare is not in itself necessarily a matter of harm. 16. The appeal site is slightly larger than the allocated site and would provide 32 dwellings above the indicated figure. The 81 dwellings proposed include a block of 21 apartments and 11 split-level dwellings. Layout 17. The adjacent residential character of this part of Bracknell does not include any apartment blocks and nor have any split-level houses been identified in this immediate vicinity. 18. A majority of the proposed dwellings would comprise detached and semi-detached houses with reasonably-sized gardens broadly characteristic of the local area.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision The apartment block would be cut into the existing rising ground levels to the rear of the site, and the adjacent split-level houses would be similarly set against the rising topography. 19. The higher split-level houses and apartment block would offer only limited glimpsed views from outside the site. One view would be of part of the block from the site entrance some distance away at London Road. Significantly, the dwellings in the proposed foreground to that view from London Road would be characteristically two-storey. Another view would be of rooflines from Long Hill Road. 3 Site Allocations Local Plan July 2013 4 Statement of Disagreement (Version 1) dated 20 April 2021 https://www.gov.uk/planning-inspectorate 3

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision The apartment block would be cut into the existing rising ground levels to the rear of the site, and the adjacent split-level houses would be similarly set against the rising topography. 19. The higher split-level houses and apartment block would offer only limited glimpsed views from outside the site. One view would be of part of the block from the site entrance some distance away at London Road. Significantly, the dwellings in the proposed foreground to that view from London Road would be characteristically two-storey. Another view would be of rooflines from Long Hill Road. 3 Site Allocations Local Plan July 2013 4 Statement of Disagreement (Version 1) dated 20 April 2021 https://www.gov.uk/planning-inspectorate 3

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision Appeal Decision APP/R0335/W/21/3267437 20. Those external views would be very limited but, even so, the evidence is that roofscape coupled with rising topography has been recognised as an important townscape element elsewhere in Chavey Down.5 21. From within the site itself, the higher level homes, and particularly the relatively large apartment block, would undoubtedly appear as significant features, and would contribute an urban presence. The split-level dwellings would be designed to appear as two storeys from the back, and three from the front. The apartment block would comprise three floors (of which the top floor would be in the roofspace) and set above a partial basement/undercroft area. 22. Nonetheless, the split-level dwellings and apartment block would each appear as just one element of the wider, overriding residential character of the scheme. The overall scale of development would be such that they would not in themselves be determinative of that character and would not appear harmful in that context. No concerns have been raised regarding the intrinsic design quality of the apartment block and split-level houses as townscape features and I have no reason to conclude otherwise. 23.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision The Council’s Design SPD6 requires proposals to be well integrated into their existing context and suggests this can be achieved in a number of ways, including responding to prevailing building heights and degrees of variation in the local context. Given the site’s very restricted external exposure, the immediate context for the block and split-level houses would be the wider scheme itself of which, in design terms, each would form an integral and relatively coherent part. 24. All landscaping remains as a reserved matter and would be an opportunity for further visual mitigation should that be required, for example, in views from the London Road site access. Settlement edge 25. Whilst most of the site falls within the settlement boundary7, the scheme would lie at the very edge. The only parts of the scheme outside the boundary would be some landscaped margins to the north and east, and parts of proposed gardens to the north. 26. The edge of the settlement is where a lower scale and less intensive form of development than the adjacent settlement might reasonably be expected as a transition to the countryside.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision In this case, however, the site is largely enclosed from the public domain on all sides, and much of the immediately adjacent countryside is not physically open in aspect but comprises woodland. The location of the apartment block and split-level dwellings towards the back of the site and the scheme’s overall sense of physical containment would be reinforced by proposed boundary landscaping to be approved. 27. These particular characteristics all make the transitional location of the site less significant as a design factor, but the proposal would still provide a green edge to the settlement through its proposed boundary planting. 5 Bracknell Forest Character Area Assessments Supplementary Planning Document, (Tibbalds/Kirkham Landscape Planning Ltd, March 2010) 6 Design Supplementary Planning Document March 2017 7 See Inquiry Document ID10 for corrected details https://www.gov.uk/planning-inspectorate 4

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision Appeal Decision APP/R0335/W/21/3267437 28. The Design SPD states that schemes on the edge of a settlement should respond to the unique character and setting of each site, taking into consideration a thorough understanding of the local pattern of development and its setting in the wider landscape. I consider the appeal scheme responds accordingly. Backland criteria 29. The Council referred in its evidence to the appeal land as comprising a backland site, although no such reference nor any harm arising was previously cited by the authority in its decision notice. 30. The Design SPD refers to sites such as this which are located behind street frontage properties and are only partially visible from the street as backland. It also suggests development of such land should be subordinate, i.e. should occupy a minor proportion of the block in which it is sited. 31. The physical realities are that the appeal scheme itself is not located within a block as such and the scale of development does not readily lend itself to that direct comparison. Only access and planting would physically lie within the ribbon development that comprises the London Road frontage.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision The relevance of subordination on such terms would also appear to be negated by the Council’s own endorsement through its SAP of an acceptable scale of development of 49 dwellings and on a site broadly comparable to the appeal land. 32. I therefore consider the Council’s backland comparisons do not sit comfortably with the character and form of appeal site, and question the applicability of that reference. 33. Even if the scheme were to be treated as backland development, those aspects of the guidance in dispute still relate to the same recurring underlying issue of whether or not the proposed development would harm the existing character of the local area.8 Activity and traffic generation 34. Development of 81 homes would be significantly greater in number than anticipated by the SAP. Notwithstanding the absence of any identified harm in relation to road safety, parking or access, the scale of comings and goings would still be correspondingly greater. 35. Although this may make for a more intense, more urban character to the site, such implications would be largely confined to within the development itself. No objection is raised by the authority in terms of consequences for the living conditions of future residents.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision External comings and goings would also be viewed in the context of access via London Road and which, as the Inquiry heard, offers the context of a busy classified road. 36. By virtue of the site’s contained form and its relationship to London Road, the resulting scale of activity would not be intrinsically harmful to the character of this location, and nor would it undermine the scheme’s transitional contribution to the surrounding area. 8 Mrs Jones referred in cross-examination to the first, seventh and eighth points of section 3.6 on page 21 https://www.gov.uk/planning-inspectorate 5

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision External comings and goings would also be viewed in the context of access via London Road and which, as the Inquiry heard, offers the context of a busy classified road. 36. By virtue of the site’s contained form and its relationship to London Road, the resulting scale of activity would not be intrinsically harmful to the character of this location, and nor would it undermine the scheme’s transitional contribution to the surrounding area. 8 Mrs Jones referred in cross-examination to the first, seventh and eighth points of section 3.6 on page 21 https://www.gov.uk/planning-inspectorate 5

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision Appeal Decision APP/R0335/W/21/3267437 Other developments 37. References have been made to a recent development of The Brackens some distance to the east along London Road. That permission did involve the conversion of an existing building to provide some apartments, but most of the development comprises conventional 2-storey housing. The planning context to that decision was also materially different to that of the appeal site, including both site designation and the circumstances pertaining at that time to the Council’s 5-year housing land supply. 38. References have also been made to permissions granted for other developments further afield but, aside from edge of settlement locations, I find little specific relevance to the particular planning merits of the appeal scheme. Summary of assessment 39. The development plan recognises that all new building is likely to have some effect on the established character of an area9, and I have no reason to conclude that the appeal site should be any different. 40. The appeal scheme is for a residential development on a largely allocated housing site and all built form would be within the settlement boundary.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision It is of a density broadly compliant with the development plan and of an overall townscape design to which there is no inherent objection in principle, and which is also compliant with the development plan’s broad spatial standards.10 41. It does not necessarily follow that a more urbanised character and appearance arising from the presence of the split-level houses and the apartment block would be intrinsically harmful. The location is not rural in character but transitional. The relatively neglected condition of large parts of the site not occupied by existing dwellings offers considerable scope for improvement and that would be realised through the development. 42. The proposal is of contrasting character and appearance to aspects of its surroundings and of slightly higher density than anticipated. Even so, the site is very enclosed and, although not so untypical of the local area, the scheme would largely create its own character whilst still not appearing unduly discordant relative to its wider surroundings. 43.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision There may be views from outside of part of the apartment block and of the roofs of other dwellings, but any potential harm is allayed by the relatively distant location of those features and by the otherwise generally contained site boundaries. I conclude there would be no harm in those regards. Besides, glimpsed views of dwellings within a designated housing site would be neither unreasonable nor unexpected and, in any case, would not appear incongruent in the context of the development itself. Conclusions against policy 44. I therefore conclude that the proposal would not cause harm to the character or appearance of the appeal site or its surroundings, and with particular regard to any overly intensive and urbanising impact by virtue of scale, layout and associated levels of activity and traffic generation. It would not fail to provide 9 Policy EN20 of the Bracknell Forest Borough Local Plan 2002 10 As confirmed in cross-examination by Mrs Jones https://www.gov.uk/planning-inspectorate 6

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision Appeal Decision APP/R0335/W/21/3267437 an appropriate transitional form of development for this edge of settlement site. 45. The scheme would thereby accord with Policy EN20 of the Local Plan11, and with Policy CS7 of the Core Strategy12. These policies require, amongst other things, that development should be in sympathy with the appearance and character of the local environment and appropriate in scale, mass, design, materials, layout and siting, both in itself and in relation to adjoining buildings, spaces and views, and should promote, or where necessary create, local character and a sense of local identity. 46. A key principle identified by the Design SPD is for development to relate well to its surroundings, to be integrated into its context and to respond positively to local character, but it further states that, where appropriate, new development should also create new places with a positive character. 47. Whilst Policy SA 3 of the SALP identifies a lower number of dwellings than proposed, the resulting density of development is not so excessive, and no material harm arises in consequence.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision The scheme is otherwise in general accordance with the prescribed development requirements for this expressly identified Edge of Settlement housing allocation. 48. Further, the accompanying narrative to Policy EN20 states that, when considering individual planning applications, the Council will seek to balance the need to make effective use of developable land against the need to respect existing residential character and amenity, and indicates that the Council’s standards will be applied with some flexibility in cases where existing character and amenities are an issue. 49. These policies broadly accord with the government’s National Planning Policy Framework (the Framework) which similarly requires development to be sympathetic to local character and to establish or maintain a strong sense of place. It also expects planning policies and decisions to support development that makes efficient use of land. Other considerations Badgers 50. Following extensive survey work undertaken by the appellant at the site in 2018, 2019 and 2020, it is clear that badger activity is focused in the off-site woodland and land further north and in the boundary fringes, with relatively little activity on the development site itself.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision This work culminated in the appellant’s most recent Ecology Statement dated January 2021. 51. Badgers, including their setts, are protected under the Protection of Badgers Act 1992. The appellant’s assessment is there would be no disturbance to badgers whilst occupying a sett and that a licence to permit development activities is not required. This conclusion is supported by the Council’s Biodiversity Officer who confirmed that the proposal would not harm any protected species. 11 Bracknell Forest Borough Local Plan January 2002 12 Core Strategy Development Plan Document Adopted February 2008 Bracknell Forest Borough Local Development Framework https://www.gov.uk/planning-inspectorate 7

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision This work culminated in the appellant’s most recent Ecology Statement dated January 2021. 51. Badgers, including their setts, are protected under the Protection of Badgers Act 1992. The appellant’s assessment is there would be no disturbance to badgers whilst occupying a sett and that a licence to permit development activities is not required. This conclusion is supported by the Council’s Biodiversity Officer who confirmed that the proposal would not harm any protected species. 11 Bracknell Forest Borough Local Plan January 2002 12 Core Strategy Development Plan Document Adopted February 2008 Bracknell Forest Borough Local Development Framework https://www.gov.uk/planning-inspectorate 7

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision Appeal Decision APP/R0335/W/21/3267437 52. Mitigation measures are proposed which would ensure no impact on foraging or commuting badgers during construction and deliver safeguarding measures post-development. 53. The Council withdrew its previous objection in light of the appellant’s further survey, and is satisfied matters could be addressed through planning conditions should the appeal be allowed. 54. I therefore conclude that the proposal would not cause harm to badgers as a protected species. 55. As the scheme should have no adverse impacts for badgers, it would thereby accord with Core Policy CS1 in that regard which states that development will be permitted which protects and enhances the quality of natural resources including land and biodiversity. For the same reasons, there would also be no conflict with Core Policy CS7. Biodiversity 56. The application proposes a biodiversity enhancement plan with arrangements to secure net biodiversity gains on site. These measures have been agreed with the Council’s Biodiversity Officer, and include specific provision for protection and promotion of bats. 57. The scheme would thereby accord with Policies CS1 and CS7 of the Core Strategy.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision These policies require, amongst other things, that development should protect and promote biodiversity. It would also accord with the Framework which requires that plans should identify and pursue opportunities for securing measurable net gains for biodiversity. Thames Basin Heaths Special Protection Area 58. The appeal site is some 2.7 kilometres from the Thames Basin Heaths Special Protection Area (SPA). The proposed development was subject to an Appropriate Assessment (AA) undertaken by the Council in September 202013 and which concluded that any adverse effect on the integrity of the SPA could be avoided through contributions towards the provision of Suitable Alternative Natural Greenspaces (SANGs) as an alternative recreational location to the SPA and towards Strategic Access Management and Monitoring (SAMM). In light of the required provisions now set out in the planning agreement, no objection is maintained by the Council. 59. As the competent authority, I am satisfied from the evidence and representations before me that the appeal scheme accompanied by the mitigation proposed would not have an adverse effect upon the integrity of the SPA. 60.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision The scheme would thereby accord with Local Plan Policy EN3, with Core Policy CS14 and with South East Plan14 Policy NRM6. These policies require, amongst other things, that development should not be permitted which, either alone or in combination with other development, has an adverse effect upon the integrity of the SPA. Development outside an identified 400-metre zone will be permitted where it can demonstrate that it can remove any adverse effect by 13 Appendix 17 to the Appellant’s Statement of Case 14 The South East Plan - Regional Spatial Strategy for the South East https://www.gov.uk/planning-inspectorate 8

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision The scheme would thereby accord with Local Plan Policy EN3, with Core Policy CS14 and with South East Plan14 Policy NRM6. These policies require, amongst other things, that development should not be permitted which, either alone or in combination with other development, has an adverse effect upon the integrity of the SPA. Development outside an identified 400-metre zone will be permitted where it can demonstrate that it can remove any adverse effect by 13 Appendix 17 to the Appellant’s Statement of Case 14 The South East Plan - Regional Spatial Strategy for the South East https://www.gov.uk/planning-inspectorate 8

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision Appeal Decision APP/R0335/W/21/3267437 contributing towards avoidance and mitigation measures in line with the SPA Technical Background Document. Drainage 61. The planning agreement makes arrangements for sustainable drainage systems to the satisfaction of the Council and consistent with the expectations of the Framework. Detailed matters would also be addressed through planning conditions should the appeal be allowed. Travel plan 62. The principles of a travel plan have been agreed, and its detailed provision would be achieved through planning conditions and the planning agreement should the appeal be allowed. 63. The scheme would thereby accord with Core Policy CS23. This requires, amongst other things, that the Council use its planning and transport powers to reduce the need to travel consistent with the Framework and which, in turn, seeks to ensure that appropriate opportunities to promote sustainable transport modes can be realised. Traffic and related highways implications 64. Access to the site would be via upgraded arrangements from London Road and involve a new ghost right-turn lane and associated works. 65.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision Traffic modelling has demonstrated that the proposal would have no significant implications for congestion on the local road network. The highway authority has raised no objection in that regard, and nor in relation to any other matters of highway safety. Whilst London Road is an undoubtedly busy traffic route, I have little reason to disagree with the technical evidence presented. 66. The Framework is also clear that development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe. Contamination 67. The adjacent landfill site is known to be a source of ground gas contamination. The development offers an opportunity to mitigate that feature as it relates to the appeal site, and remediation would be at the developer’s expense. 68. No objection is raised to the principle of the development in terms of public safety or other associated risk by the relevant authorities, and both main parties agree matters can be dealt with by planning conditions.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision I have no technical reason to disagree, but a very full and thorough assessment of all forms of contamination and robust schemes of mitigation would be needed should the appeal be allowed. 69. I am also satisfied the scheme would have no adverse implications for the gas pipeline which crosses the site. https://www.gov.uk/planning-inspectorate 9

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision I have no technical reason to disagree, but a very full and thorough assessment of all forms of contamination and robust schemes of mitigation would be needed should the appeal be allowed. 69. I am also satisfied the scheme would have no adverse implications for the gas pipeline which crosses the site. https://www.gov.uk/planning-inspectorate 9

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision Appeal Decision APP/R0335/W/21/3267437 Existing living conditions 70. Concerns have been raised regarding living conditions of existing residents relative to outlook, privacy and other disturbance, and these include possible implications for the residents of Fern Gardens. 71. No objection is raised by the authority in relation to any existing living conditions. No specific technical breach of any relevant spatial standard has been identified, and the physical relationship between the development and neighbouring properties would not appear to give rise to any significant harm. Any disturbance arising from the works themselves could be mitigated through a Construction Environmental Management Plan should the appeal be allowed. Five-year housing land supply (5YHLS) 72. The Council’s latest housing land supply statement (published August 2020 and based upon data at April 2020) indicates a 5YHLS of 5.2 years. 73. The Council’s 5YHLS was not contested at the Inquiry, but the appellant notes the measure is a minimum requirement and not a ceiling. 74. Notwithstanding the existence of a 5YHLS, the scheme would still make a significant contribution of market housing consistent with the social objective of the Framework.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision It would support the government’s objective of significantly boosting the supply of homes and help to meet local housing needs. Viability 75. No affordable housing would be provided due to the viability of the scheme. The appellant’s viability report was subject to an independent appraisal by the District Valuers Service and which agreed that the proposal would not be viable if affordable housing were to be included. 76. On that basis, the viability of the scheme was assessed by the authority as not giving rise to conflict with the requirements for affordable housing set out in Core Policy CS17. The Policy‘s accompanying narrative refers to the economics of provision as a consideration to be taken into account, and I have no reason to disagree with the Council’s assessment. 77. Whilst not specifically substantiated and tested through detailed evidence at the Inquiry, the appellant also maintained that the apartment block is proposed so as to ensure that the remainder of the site could deliver homes of a similar scale and character to the surrounding area whilst securing the viability of the scheme. The appellant’s case is that deletion of the split-level houses and apartment block would render the scheme unviable.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision Other factors 78. It is accepted by the parties that much of the site comprises previously developed land and its re-use would draw support from the Framework in that regard. 79. The appeal site occupies a relatively sustainable location close to a number of local services and facilities, and is reasonably well served by public transport. 80. The economic benefits of development would include investment in construction and related employment for its duration, although I note in the https://www.gov.uk/planning-inspectorate 10

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision Other factors 78. It is accepted by the parties that much of the site comprises previously developed land and its re-use would draw support from the Framework in that regard. 79. The appeal site occupies a relatively sustainable location close to a number of local services and facilities, and is reasonably well served by public transport. 80. The economic benefits of development would include investment in construction and related employment for its duration, although I note in the https://www.gov.uk/planning-inspectorate 10

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision Appeal Decision APP/R0335/W/21/3267437 Council’s evidence this might be tempered by local market constraints around a skills gap in that sector. There would also be an increase in subsequent local household expenditure and demand for services. 81. I disregard any suggestion of financial contributions to the local authority through Council tax receipts or similar as a possible benefit of the scheme. The Planning Practice Guidance states that whether or not a local finance consideration is material to a particular decision will depend on whether it could help to make the development acceptable in planning terms.15 Further, it advises that it would not be appropriate to make a decision based on the potential for a development to raise money for a local authority or other government body. 82. I also note the history of planning decisions but find no matters of particular significance other than those general considerations now similarly applied to the case specifics of the appeal scheme. Planning agreement 83. The agreement makes various provisions, including for public open space, sustainable drainage, the travel plan, for SAMM and SANG contributions, for highways works, and for monitoring arrangements.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision The Council has not identified the need for any other, further mitigations. 84. The obligations are consistent with the various expectations for mitigation expected by the development plan16 and Framework. I am satisfied with the form and content of the agreement as a deed. I find the agreement to be compliant with Regulation 122 of the Community Infrastructure Levy Regulations 2010 (as amended) and to be generally fit-for-purpose. Accordingly, I take into account the commitments and accompanying terms as considerations of my decision. Overall assessment i) The development plan as a whole 85. I consider the policies most important for the determination of this application are those referred to and variously applied in my assessment of the main issue and other considerations as above. That overall basket of most important policies is up-to-date, and I have found very little conflict or harm in those regards. 86. Set within this wider basket, I conclude the proposal would involve broad compliance on a range of important matters and would thereby accord with the development plan as a whole. ii) Summary of other considerations 87.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision The scheme would not give rise to any appreciable harm which could not be addressed by either planning conditions or mitigation as set out in the planning agreement, and the collective benefits of the development would amount to significant weight in favour of the proposal. 15 Paragraph 011 Reference ID: 21b-011-20140612 16 See Council CIL Compliance Statement dated 25 May 2021 https://www.gov.uk/planning-inspectorate 11

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision The scheme would not give rise to any appreciable harm which could not be addressed by either planning conditions or mitigation as set out in the planning agreement, and the collective benefits of the development would amount to significant weight in favour of the proposal. 15 Paragraph 011 Reference ID: 21b-011-20140612 16 See Council CIL Compliance Statement dated 25 May 2021 https://www.gov.uk/planning-inspectorate 11

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision Appeal Decision APP/R0335/W/21/3267437 iii) Final planning balance 88. The expectation of paragraph 11 c) of the Framework is that, subject to section 38(6)17, planning permission should be granted without delay for a proposal that accords with an up-to-date development plan, taken as a whole, unless other material considerations indicate otherwise. 89. Applying section 38(6), the proposal would accord with the development plan as a whole and other material considerations do not indicate a decision other than on those terms. Accordingly, planning permission should be granted, subject to conditions. Conditions 90. I have considered as a starting point the suggested list of conditions put forward and agreed by both main parties. I have had regard to the advice set out in the Guidance and in the Framework, and have reviewed and adjusted detailed recommendations in terms of the necessity for, and reasonableness of, individual conditions and aspects thereof, and to ensure clear and enforceable wording and general consistency. 91. For reasons of certainty, conditions are imposed to ensure the development is undertaken in accordance with the relevant drawings and statutory timescales. 92.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision Landscaping is addressed as a reserved matter. 93. To ensure delivery of an appropriately planned and co-ordinated development, details are required of phasing. 94. To safeguard the character and appearance of the appeal site and its surroundings, conditions require details to be approved of external materials, of floor levels and of measures for tree protection. 95. To ensure a satisfactory living environment for both occupiers and neighbours, conditions require details to be approved of surface water and foul drainage, and of refuse arrangements. Conditions similarly specify details of window glazing and sill heights within specified properties so as to preclude overlooking. 96. To protect the living environment of neighbours during construction, it is necessary for the works to be undertaken in accordance with a Construction Environmental Management Plan. 97. To ensure matters of site contamination are properly considered, conditions require details of landfill, leachates and of any other relevant pollutions to be addressed. 98. A number of conditions are necessary to ensure the free and safe movement of vehicles and pedestrians at, and in the vicinity of, the site.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision These include requirements in relation to highways works, the access road and entrance, provision and availability of parking, turning areas and associated spaces, visibility splays, private accesses, footpaths, and cycle and pedestrian access. In the interests of public safety, a condition precludes any gated entrance. An updated travel plan is required to promote sustainable means of travel, as are arrangements for electric vehicle charging and for cycle storage. 17 Planning and Compulsory Purchase Act 2004 https://www.gov.uk/planning-inspectorate 12

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision These include requirements in relation to highways works, the access road and entrance, provision and availability of parking, turning areas and associated spaces, visibility splays, private accesses, footpaths, and cycle and pedestrian access. In the interests of public safety, a condition precludes any gated entrance. An updated travel plan is required to promote sustainable means of travel, as are arrangements for electric vehicle charging and for cycle storage. 17 Planning and Compulsory Purchase Act 2004 https://www.gov.uk/planning-inspectorate 12

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision Appeal Decision APP/R0335/W/21/3267437 99. To contribute to a sustainable development, conditions require arrangements for efficient use of water and energy. 100. To safeguard any hitherto unrevealed heritage interest within the site, a scheme of archaeological investigation is necessary. 101. Conditions are imposed to protect and promote ecology and to enhance biodiversity. These include requirements to safeguard the interests of badgers and bats, and further surveys will be required should a period of three years elapse between previous surveys and commencement of development. 102. For reasons of both ecology and public safety, details of external lighting are required to be submitted. 103. Matters relating to contamination, landfill, leachates, drainage, archaeology, phasing, tree protection, the Construction Environmental Management Plan, and implications for bats and badgers, are all to be addressed before development commences. This is necessary given the importance of those matters and the implications which could arise should works proceed in the absence of their resolution. 104.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Appeal Decision The Council has suggested a condition to remove Permitted Development rights in relation to outbuildings and hardstandings for five dwellings where the gardens would extend beyond the settlement boundary. This is proposed due to the gardens’ technical location in the countryside and the possible implications for badgers’ foraging habitat. Arrangements to safeguard badgers will be addressed by other conditions and, given the enclosed nature of the rear gardens, I am unconvinced of harm to the countryside through possible exercise of such rights. Further, the Framework advises that planning conditions should not be used to restrict national Permitted Development rights unless there is clear justification to do so. Conclusion 105. For the above reasons, I conclude the appeal should be allowed subject to the conditions identified.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose INSPECTOR https://www.gov.uk/planning-inspectorate 13

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose INSPECTOR https://www.gov.uk/planning-inspectorate 13 Appeal Decision APP/R0335/W/21/3267437 SCHEDULE OF CONDITIONS Reserved matters and time limits 1. Application for approval of the reserved matters shall be made to the local planning authority not later than 3 (three) years from the date of this permission. 2. Approval of the landscaping of the development (hereinafter called ‘the reserved matters’) shall be obtained from the local planning authority in writing before development is commenced. The plans and particulars in relation to the reserved matters shall be submitted in writing to the local planning authority and shall be carried out as approved. 3. The development hereby permitted shall be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved. Details and drawings 4.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose The development hereby permitted shall be carried out in accordance with the following approved plans: 1295/Pln/100B Site Location Plan 1295/Pln/101D Site Layout 1295/Pln/101-1D Site Layout (Coloured) 1295/Pln/102 Plot 1 Plans and Elevations 1295/Pln/103 Plot 2 Plans and Elevations 1295/Pln/104 Plot 3 Plans and Elevations 1295/Pln/105 Plot 4 Plans and Elevations 1295/Pln/106 Plots 5-6 Plans and Elevations 1295/Pln/107 Plots 7-8 Plans and Elevations 1295/Pln/108 Plots 9-10 Plans and Elevations 1295/Pln/109 Plots 11-12 Plans and Elevations 1295/Pln/110 Plot 13 Plans and Elevations 1295/Pln/111A Plots 14-17 Plans and Elevations 1295/Pln/112 Plots 18-19 Plans and Elevations 1295/Pln/113 Plots 20-21 Plans and Elevations 1295/Pln/114 Plot 22 Plans and Elevations 1295/Pln/115 Plots 23-24 Plans and Elevations 1295/Pln/116 Plot 25 Plans and Elevations 1295/Pln/117 Plots 26-27 Plans and Elevations 1295/Pln/118 Plots 28-29 Plans and Elevations 1295/Pln/119 Plots 30-31 Plans and Elevations 1295/Pln/120A Plots 32-34 Plans and Elevations 1295/Pln/121 Plot 35 Plans and Elevations 1295/Pln/122 Plots 36-37 Plans and Elevations 1295/Pln/123 Plots 38-39 Plans and Elevations 1295/Pln/124 Plots 40-41 Plans and Elevations 1295/Pln/125 Plot

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose 42 Plans and Elevations 1295/Pln/126B Plots 43-63 Floor Plans (Sheet 1) https://www.gov.uk/planning-inspectorate 14

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose 42 Plans and Elevations 1295/Pln/126B Plots 43-63 Floor Plans (Sheet 1) https://www.gov.uk/planning-inspectorate 14 Appeal Decision APP/R0335/W/21/3267437 1295/Pln/127A Plots 43-63 Floor Plans (Sheet 2) 1295/Pln/128A Plots 43-63 Elevations 1295/Pln/129 Plot 64 Plans and Elevations 1295/Pln/130 Plot 65 Plans and Elevations 1295/Pln/131 Plot 66 Plans and Elevations 1295/Pln/132 Plot 67 Plans and Elevations 1295/Pln/133 Plots 68-69 Plans and Elevations 1295/Pln/134 Plots 70-71 Plans and Elevations 1295/Pln/135 Plots 72-73 Plans and Elevations 1295/Pln/136 Plot 74 Plans and Elevations 1295/Pln/137 Plots 75-76 Plans and Elevations 1295/Pln/138 Plot 77 Plans and Elevations 1295/Pln/139 Plots 78-79 Plans and Elevations 1295/Pln/140 Plots 80-81 Plans and Elevations 1295/Pln/141B Indicative Street Scenes 1295/Pln/142D Site Sections 1295/Pln/143D Indicative Levels Plan 1295/Pln/144D Road Levels and Sections 1295/Pln/145D Block Plan 1295/Pln/146E Building Heights Plan 1295/Pln/147D Information Plan 1295/Pln/148 Existing Site Survey 19-T067_06B Potential right turn lane and junction visibility Pre-commencement 5.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose No development shall commence until a Phasing Plan has been submitted to and been approved in writing by the local planning authority, clearly identifying the different phases of the development to which reserved matters applications and details required by pre-commencement and other conditions shall subsequently be made. No phase of the development shall commence until all relevant reserved matters and pre-commencement conditions have been approved in respect of that phase. 6. No development (including site clearance and demolition) shall commence, until a Construction (and Demolition) Environmental Management Plan (CEMP) has been submitted to and been approved in writing by the local planning authority.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose No development shall commence until a Phasing Plan has been submitted to and been approved in writing by the local planning authority, clearly identifying the different phases of the development to which reserved matters applications and details required by pre-commencement and other conditions shall subsequently be made. No phase of the development shall commence until all relevant reserved matters and pre-commencement conditions have been approved in respect of that phase. 6. No development (including site clearance and demolition) shall commence, until a Construction (and Demolition) Environmental Management Plan (CEMP) has been submitted to and been approved in writing by the local planning authority.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose The CEMP shall include the following details as a minimum: a) routing of construction and demolition traffic (including directional signage and appropriate traffic management measures); b) parking of vehicles of site operatives and visitors; c) areas for loading and unloading of plant and materials; d) areas for the storage of plant and materials used in constructing the development; e) location of any temporary portacabins and welfare buildings for site operatives; f) any security hoardings; g) any external lighting of the site; h) methods of piling for foundations; i) measures to control the emission of dust, dirt, noise and odour during demolition and construction; https://www.gov.uk/planning-inspectorate 15

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose The CEMP shall include the following details as a minimum: a) routing of construction and demolition traffic (including directional signage and appropriate traffic management measures); b) parking of vehicles of site operatives and visitors; c) areas for loading and unloading of plant and materials; d) areas for the storage of plant and materials used in constructing the development; e) location of any temporary portacabins and welfare buildings for site operatives; f) any security hoardings; g) any external lighting of the site; h) methods of piling for foundations; i) measures to control the emission of dust, dirt, noise and odour during demolition and construction; https://www.gov.uk/planning-inspectorate 15

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose Appeal Decision APP/R0335/W/21/3267437 j) measures to control surface water run-off during demolition and construction; k) measures to protect biodiversity, including the welfare of bats and badgers, in accordance with BS42020:2013; l) construction and demolition working hours, and times during which delivery vehicles and vehicles taking materials away are allowed to enter or leave the site; m) wheel-washing facilities during both demolition and construction phases; n) areas for the turning of construction and demolition vehicles such that the largest anticipated vehicles can turn and leave the site in a forward gear. The approved CEMP shall be adhered to throughout the demolition and construction period. 7. No development shall commence until full details, including the programme for implementation, of proposed sustainable drainage systems have been submitted to and been approved in writing by the local planning authority.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose Details shall include all components of the proposed systems, including tanks, any soakaway details and test results, headwall design, planting, liner design to the pond, health and safety risk assessment for pond design, and drawings as appropriate taking into account the groundwater table as set out in the WE Limited FRA dated April 2020 and accompanying letter dated July 2020. Details shall also include confirmation of the gully spacing calculations to demonstrate they are capable of conveying the rainfall volumes as set out in the approved drainage strategy and exceedance routing design. The submission shall be supported by calculations including urban creep and climate change allowances demonstrating that the greenfield run-off rates have been met for all storm events. The drainage arrangements shall be implemented in accordance with the approved details and the agreed programme. A verification report shall be submitted to and be approved in writing by the local planning authority prior to the first occupation of any dwelling within each phase of the development demonstrating that full details and specifications of the approved sustainable drainage systems have been implemented for that phase.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose This shall include photos of excavations and soil profiles/horizons, any placement of tanking, crating, connecting pipework, hydrobrakes and cover systems required to demonstrate the full implementation of the approved scheme. 8. No development shall commence until full details of how the proposed sustainable drainage systems shall be maintained and managed after completion have been submitted to and been approved in writing by the local planning authority. The details shall include confirmation of the required maintenance activities with expected frequency, and with site-specific assessments included to demonstrate that health and safety has been fully considered and that access and egress for future residents will be maintained during any operations to repair or replace drainage features. https://www.gov.uk/planning-inspectorate 16

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose Appeal Decision APP/R0335/W/21/3267437 9. No development shall commence until full details and arrangements for an investigation and risk assessment of the nature and extent of any contamination within the site, and of a subsequent remediation scheme and of a detailed programme for its implementation, have been submitted to and been approved in writing by the local planning authority. The investigation and risk assessment shall be undertaken by competent persons in accordance with guidance set out in Land Contamination: Risk Management, as published by the Environment Agency on 8 October 2020. A written report of the findings of the assessment shall be submitted to and be approved in writing by the local planning authority. The report of the findings shall include: a) a survey of the extent, scale and nature of contamination; b) an assessment of the potential risks to: 1) human health; 2) property (existing or proposed), including buildings, crops, livestock, pets, woodland and service lines and pipes; 3) adjoining land; 4) ground and surface waters; 5) ecological systems; 6) archaeological features; c) an appraisal of possible remedial options.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose Arising from the investigation and risk assessment, a fully detailed remediation scheme to bring the site to a condition suitable for the proposed development by removing unacceptable risks shall be submitted to and be approved in writing by the local planning authority. The scheme shall include all works to be undertaken, remediation objectives and criteria, a programme for implementation of the proposed details and site management procedures. The scheme shall ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. The scheme shall also set out monitoring and maintenance arrangements to include, where appropriate, observing the long-term effectiveness of all proposed contamination remediation over an agreed period. The remediation scheme shall be carried out in accordance with its approved details and an agreed programme. The local planning authority shall be given two weeks’ written notification of the commencement of any proposed remediation works.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose Following completion of all measures identified in the approved remediation scheme, a verification report demonstrating that full details and specifications of the approved scheme have been implemented shall be prepared in accordance with an agreed timescale and be approved in writing by the local planning authority. https://www.gov.uk/planning-inspectorate 17

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose Following completion of all measures identified in the approved remediation scheme, a verification report demonstrating that full details and specifications of the approved scheme have been implemented shall be prepared in accordance with an agreed timescale and be approved in writing by the local planning authority. https://www.gov.uk/planning-inspectorate 17

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose Appeal Decision APP/R0335/W/21/3267437 10.In the event that contamination is found at any time when carrying out the development that was not identified by the previous investigation and risk assessment, that finding shall be reported in writing immediately to the local planning authority, and all works shall cease on that part of the site until written confirmation is provided by the authority that they may continue (such confirmation not to be unreasonably withheld). A further investigation and risk assessment shall be undertaken specific to the identified contamination and, where remediation is necessary, a supplementary remediation scheme in light of the finding shall be submitted to and be approved in writing by the local planning authority. The details shall include a programme for implementation and the remediation shall be undertaken and thereafter maintained as approved. Following completion of all measures identified in the approved remediation scheme, a verification report demonstrating that full details and specifications of the approved supplementary scheme have been implemented shall be prepared in accordance with an agreed timescale and be approved in writing by the local planning authority.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose 11.No development shall commence until a landfill gas investigation and risk assessment has been submitted to and been approved in writing by the local planning authority. Where any risk from gas is identified, a scheme to mitigate the effects of gas shall be submitted to and be approved in writing by the local planning authority prior to the commencement of any development. The approved scheme shall be implemented in accordance with an agreed programme. Following completion of all measures identified in the approved gas remediation scheme, a verification report demonstrating that full details and specifications of the approved scheme have been implemented shall be prepared in accordance with an agreed timescale and be approved in writing by the local planning authority. 12.No development shall commence until a leachate investigation and risk assessment have been submitted to and been approved in writing by the local planning authority. Where any risk from leachate is identified, a scheme to mitigate the effects of the leachate shall be submitted to and be approved in writing by the local planning authority prior to the commencement of any development.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose The approved scheme shall be implemented in accordance with an agreed programme. Following completion of all measures identified in the approved leachate remediation scheme, a verification report demonstrating that full details and specifications of the approved scheme have been implemented shall be prepared in accordance with an agreed timescale and be approved in writing by the local planning authority. 13.No development (including site clearance and demolition) shall commence until a detailed scheme to mitigate the impact of the development upon bats https://www.gov.uk/planning-inspectorate 18

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose The approved scheme shall be implemented in accordance with an agreed programme. Following completion of all measures identified in the approved leachate remediation scheme, a verification report demonstrating that full details and specifications of the approved scheme have been implemented shall be prepared in accordance with an agreed timescale and be approved in writing by the local planning authority. 13.No development (including site clearance and demolition) shall commence until a detailed scheme to mitigate the impact of the development upon bats https://www.gov.uk/planning-inspectorate 18

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose Appeal Decision APP/R0335/W/21/3267437 has been submitted to and been approved in writing by the local planning authority. The scheme shall include the following details: a) safeguarding arrangements to avoid danger or disturbance to bats during development; b) provision of temporary roosts during development; c) provision of replacement roosts including their specification and how they will be integrated within new buildings as referred to in the Ethos Environmental Planning Ecological Assessment dated December 2019 and accompanying enhancement proposals; d) licensing details consistent with the mitigation scheme; e) habitat management and enhancement, including suitable lighting and planting; f) post-construction monitoring. The mitigation scheme shall be implemented in accordance with the approved details and an agreed programme. The facilities to be identified for bat roost purposes shall be implemented as approved, shall not be used for any other purpose, and those permanent features shall be maintained and retained thereafter.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose A verification report demonstrating that full details and specifications of the approved scheme relevant to each phase have been implemented shall be submitted in writing for the approval of the local planning authority prior to occupation of the final dwelling in that phase. 14.No development (including site clearance and demolition) shall commence until a detailed scheme has been submitted to and been approved in writing by the local planning authority setting out how badger access will be safeguarded and created, including details of boundary treatment and an agreed programme of works. The arrangements for badger access shall be implemented as approved and shall be maintained and retained thereafter. A verification report demonstrating that full details and specifications of the approved scheme relevant to each phase have been implemented shall be submitted in writing for the approval of the local planning authority prior to occupation of the final dwelling in that phase.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose 15.If more than 3 years elapse between either the last bat survey (October 2019) or the last badger survey (January 2021) and the due commencement date of works, an updated bat and/or badger survey shall be carried out by a suitably qualified ecologist. A report confirming the results and implications of that assessment, including any revised mitigation measures, shall be submitted to and be approved in writing by the local planning authority before any works commence on site and such revised mitigation measures shall be implemented as approved in accordance with an agreed programme and be maintained and retained thereafter. 16.No development (including site clearance and demolition) shall commence until a programme of archaeological field evaluation has been implemented in accordance with a written scheme of investigation which has been previously submitted to and been approved in writing by the local planning https://www.gov.uk/planning-inspectorate 19

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose Appeal Decision APP/R0335/W/21/3267437 authority. The results of the evaluation shall inform the preparation of a subsequent mitigation strategy/action plan which shall be submitted to and be approved in writing by the local planning authority prior to the commencement of the development. The mitigation strategy/action plan shall be implemented in accordance with the details and a programme as approved. 17.No development (including site clearance and demolition) shall commence until a detailed scheme for the protection of existing trees to be retained as shown on the Tree Removal Plan TSP1 (contained within the Arboricultural Impact Assessment received by the local planning authority on 19 September 2019), and an accompanying programme for implementation of the scheme, have been submitted to and been approved in writing by the local planning authority. The scheme shall be in accordance with BS5837:2012. Protection measures shall be phased as necessary to take into account and provide protection during all demolition/site clearance and construction and landscaping works.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose The submission shall include the following details: a) accurate trunk positions and canopy spreads of all existing trees to be retained within the site and on adjoining land adjacent to the development within influencing distance of the works; b) all proposed tree, hedge or shrub removal; c) proposed locations and illustrations of 2.1 metre high protective tree barriers, and of tree protection area warning signage; d) proposed locations and illustrations of ground protection measures within the main root protection areas of retained trees, designed as necessary for pedestrian light traffic or heavy plant machinery and to prevent contamination and ground compaction; e) minimum distances between protective barriers and trunks of retained trees; f) all fenced-off areas clearly annotated as tree protection areas/construction exclusion zones; g) notes regarding restrictions which apply to tree protection areas/construction exclusion zones. The protective fencing and other measures to be specified shall be implemented as approved and in accordance with a programme to be agreed in writing by the local planning authority.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose The fencing and measures shall be maintained fully intact and (in the case of the fencing) upright, in the approved locations at all times, until the completion of all building operations on the site. Where phased protection measures have been approved, no works shall commence on the next phase of the development until the protective fencing barriers and other required measures are in place for that phase in full accordance with the approved details. No activity of any description shall occur at any time within these protected areas including, but not restricted to: https://www.gov.uk/planning-inspectorate 20

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose The fencing and measures shall be maintained fully intact and (in the case of the fencing) upright, in the approved locations at all times, until the completion of all building operations on the site. Where phased protection measures have been approved, no works shall commence on the next phase of the development until the protective fencing barriers and other required measures are in place for that phase in full accordance with the approved details. No activity of any description shall occur at any time within these protected areas including, but not restricted to: https://www.gov.uk/planning-inspectorate 20

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose Appeal Decision APP/R0335/W/21/3267437 a) mixing of cement or any other materials; b) storage or disposal of any soil, building materials, rubble, machinery, fuel, chemicals, liquid waste residues, or materials/debris of any other description; c) siting of any temporary structures of any description including site office/sales buildings, temporary car parking facilities, porta-loos, storage compounds or hardstanding areas of any other description; d) soil/turf stripping, raising/lowering of existing levels, excavation or alterations to the existing surfaces/ground conditions of any other description; e) installation/siting of any underground services, temporary or otherwise, including drainage, water, gas, electricity, telephone, television, external lighting or any associated ducting; f) parking/use of tracked or wheeled machinery or vehicles of any description; In addition to the protection measures specified above: 1) no fires shall be lit within 20 metres of the trunks of any trees or the centre line of any hedgerow shown to be retained; 2) no signs, cables, fixtures or fittings of any other description shall be attached to any part of any retained tree.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose Pre-occupation 18.No dwelling shall be occupied until the site access junction details onto London Road along with the pedestrian and cycle link to the west of the access have been constructed in accordance with approved drawing Ref: 19-T067_06 rev B, and those facilities shall be maintained and retained thereafter. 19.No dwelling shall be occupied until the visibility splays shown on approved drawing Ref: 19-T067_06 rev B have been provided as detailed. These areas shall be kept free of all obstructions to visibility over a height of 0.6 metres measured from the surface of the adjacent carriageway and shall be maintained and retained thereafter. 20.No dwelling shall be occupied until that part of the estate road which provides access to that dwelling and its parking, along with the adjacent footways, margins and street lighting, have been constructed in accordance with the approved Site Layout Plan Ref: 1295/Pln/101D. 21.No house shall be occupied until its associated vehicle parking and turning space has been surfaced and marked out in accordance with the approved Site Layout Plan Ref: 1295/Pln/101D. The spaces shall be kept available for parking and turning at all times thereafter.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose 22.No apartment marked Plots 43-63 on the approved plans shall be occupied until details of the allocation of parking spaces to each of those dwellings has been submitted to and been approved in writing by the local planning authority and has been provided and allocated in accordance with the approved details. The spaces shall be maintained and be kept available for such parking at all times thereafter. https://www.gov.uk/planning-inspectorate 21

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose 22.No apartment marked Plots 43-63 on the approved plans shall be occupied until details of the allocation of parking spaces to each of those dwellings has been submitted to and been approved in writing by the local planning authority and has been provided and allocated in accordance with the approved details. The spaces shall be maintained and be kept available for such parking at all times thereafter. https://www.gov.uk/planning-inspectorate 21

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose Appeal Decision APP/R0335/W/21/3267437 23.No dwelling shall be occupied until a means of access for pedestrians and cyclists to London Road to the east of the property named Dolyhir, along with appropriate lighting for this pedestrian and cyclist route, have been constructed in accordance with details to be agreed in writing by the local planning authority. The approved means of access and associated details shall be implemented as approved and be maintained and retained thereafter. 24.No dwelling shall be occupied until: a) details of the provision of 16 visitor car parking spaces, and; b) details of the signage for the visitor car parking spaces; have been submitted to and been approved in writing by the local planning authority and have been implemented in accordance with the approved details. The visitor car parking spaces and signage shall be maintained and retained thereafter. 25.As part of the garage accommodation hereby approved for Plots 1, 2, 3, 4, 13, 64, 65, 66 and 67, an area of at least 6.0 metres back from the garage door (when closed) and 3.5 metres wide shall be provided prior to first occupation of each dwelling and shall be retained for the parking and manoeuvring of vehicles at all times thereafter.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose 26.No dwelling shall be occupied until the associated secure and covered cycle accommodation for that dwelling based upon one cycle space per bedroom has been provided in the locations identified for cycle parking on the Information Plan (approved drawing Ref: 1295/Pln/147D). The cycle parking spaces and facilities shall be maintained and retained at all times thereafter. 27.No dwelling shall be occupied until details of electric vehicle charging infrastructure with a minimum output of 7kW to be provided for the parking spaces marked with a circle for 'EV Charging Point' on the Information Plan (approved drawing Ref: 1295/Pln/147D) have been submitted to and have been approved in writing by the local planning authority. The approved electric vehicle charging infrastructure shall be provided in accordance with an agreed programme and shall be maintained in working order and be retained thereafter. 28.No dwelling shall be occupied until a full and updated travel plan in general accordance with the submitted framework travel plan, and including details of monitoring arrangements, has been submitted to and been approved in writing by the local planning authority.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose The approved travel plan shall be implemented as approved and in accordance with an agreed programme and shall include monitoring arrangements for 5 years after the occupation of the last dwelling to be completed. 29.No dwelling shall be occupied until either: a) confirmation has been provided to the local planning authority from the sewerage undertaker that sufficient capacity within the sewerage infrastructure exists to serve the development; or https://www.gov.uk/planning-inspectorate 22

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose The approved travel plan shall be implemented as approved and in accordance with an agreed programme and shall include monitoring arrangements for 5 years after the occupation of the last dwelling to be completed. 29.No dwelling shall be occupied until either: a) confirmation has been provided to the local planning authority from the sewerage undertaker that sufficient capacity within the sewerage infrastructure exists to serve the development; or https://www.gov.uk/planning-inspectorate 22

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose Appeal Decision APP/R0335/W/21/3267437 b) a scheme for the improvement of the existing sewerage system has been submitted to and been approved in writing by the local planning authority. If so, the scheme shall be implemented as approved and in accordance with an agreed programme and shall be maintained and retained thereafter. No dwelling shall be occupied until the scheme for improvement of the existing sewerage system has been completed in full as approved. 30.No dwelling shall be occupied until a scheme has been submitted to and been approved in writing by the local planning authority setting out details of external lighting, including lighting units and levels of illumination and a programme for implementation. No external lighting shall be provided at the site other than in accordance with the approved details. The development shall be carried out in accordance with the details as approved.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose 31.Prior to the occupation of the final dwelling within each phase, a verification report demonstrating full implementation of the biodiversity enhancement measures and recommendations set out in the Ethos Environmental Planning Ecological Assessment dated December 2019 relevant to that phase, shall be submitted to and be approved in writing by the local planning authority. The measures shall be maintained and retained thereafter. 32.Prior to commencement of any above ground construction in each phase, a scheme shall be submitted to and be approved in writing by the local planning authority setting out details of all on-site refuse and recycling storage and collection facilities (including details of any enclosures or screening) to serve each dwelling within that phase. Such facilities shall be provided in accordance with the approved details prior to the first occupation of the relevant dwelling and shall be maintained and retained thereafter. Other 33.Prior to commencement of any above ground construction, an estate road phasing and completion plan shall be submitted to and be approved in writing by the local planning authority.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose The plan shall set out details of the access road serving each phase of the development and the design standards to which it will be completed. 34.The access road coloured blue and yellow along with links to the boundaries of the adjacent properties named Sandbanks and Dolyhir coloured red on the Information Plan (approved drawing Ref: 1295/Pln/147D), and all footways, margins and street lighting adjacent to the areas coloured blue, yellow and red, shall be constructed in accordance with the agreed estate road phasing and completion plan and shall be maintained and retained thereafter as private accesses and footpaths. 35.No gates shall be provided at the vehicular access to the site serving London Road. 36.Prior to commencement of any above ground construction in each phase of development, full details of the external materials to be used in that phase shall be submitted to and be approved in writing by the local planning https://www.gov.uk/planning-inspectorate 23

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose Appeal Decision APP/R0335/W/21/3267437 authority. The development shall be constructed in accordance with the approved details. 37.Prior to commencement of any above ground construction in each phase, details showing the finished floor levels of the buildings in that phase relative to a fixed datum point shall be submitted to and be approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details. 38.Prior to commencement of any above ground construction, a sustainability statement for water efficiency setting out measures to achieve an average water use in new dwellings of 110 litres/person/day shall be submitted to and be approved in writing by the local planning authority. The measures shall be implemented in accordance with the approved details and an agreed programme and shall be maintained and retained thereafter. 39.Prior to commencement of any above ground construction, an energy demand assessment shall be submitted to and be approved in writing by the local planning authority.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose This shall demonstrate: a) that before taking account of any on-site renewable energy production the proposed development will reduce carbon dioxide emissions by at least 10% against the appropriate target emission rate as set out in Part L of the Building Regulations (2006), and; b) that a proportion of the development's energy requirements will be provided from on-site renewable energy production (the proportion of which shall be at least 20%), or from such other appropriate measures as may be agreed in writing by the local planning authority. The buildings shall be constructed in accordance with the approved assessment and the approved measures shall be maintained and retained thereafter. 40.The first-floor bathroom windows in the side elevations of Plots 75 and 81 shall not be glazed at any time other than with a minimum of Pilkington Level 3 obscure glass (or equivalent) to a height of 1.7 metres from the corresponding floor level. The windows shall at all times be fixed to a height of 1.7 metres from floor level. 41.All second-floor rear-facing velux windows on Plots 18, 19, 20, 21, 28, 29, 30, 68, 69, 70 and 71 shall have a sill height no lower than 1.7 metres above the corresponding floor level.

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose End of conditions 1-41 https://www.gov.uk/planning-inspectorate 24

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose End of conditions 1-41 https://www.gov.uk/planning-inspectorate 24 Appeal Decision APP/R0335/W/21/3267437 APPEARANCES For the local planning authority: Jonathan Welch of Counsel, instructed by the Borough Solicitor. He called: Fiona Jones, Cameron Jones Planning Ltd. Contributions to round-table discussions were also made by: Jo Male, Team Manager, Major Sites Jessica Taylor, CIL Compliance Officer Inderjit Bhatti, Solicitor. For the appellant: John Litton of Queen’s Counsel, instructed by Boyer. He called: Karen Charles, Director, Boyer Joshua Peacock, Associate Landscape Planner, Lizard Landscape Design and Ecology Mike England, Director, Iceni Projects Jim Phillips, Managing Director, Ethos Environmental Planning. Interested parties: Councillor Tricia Brown Councillor Dorothy Hayes Councillor Nigel Atkinson Fadi Achkar - local resident https://www.gov.uk/planning-inspectorate 25

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose Appeal Decision APP/R0335/W/21/3267437 INQUIRY DOCUMENTS

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose Appeal Decision APP/R0335/W/21/3267437 INQUIRY DOCUMENTS | Reference | Title | | --- | --- | | ID01 | List of drawings (v2) | | ID02 | List of conditions (v2) | | ID03 | Qualifications of appellant team | | ID04 | Summary of planning obligations (v1) | | ID05 | Appellant’s opening statement | | ID06 | LPA’s opening statement | | ID07 | Email correspondence regarding SANG contribution | | ID08 | Updated building heights plan Ref: 146E | | ID09 | Summary of planning obligations (v2) | | ID10 | Site layout Policy SA 3 comparison | | ID10a | LPA’s email response to Inspector’s queries | | ID11 | LPA’s closing submissions | | ID12 | Appellant’s closing submissions | | ID13 | Appellant’s costs submission | | ID14 | LPA’s costs response | | ID15 | Final drawings (v3) | | ID16 | Email from Mr Fadi Achkar dated 9 June 2021 | | ID17 | Core documents (v3) | | ID18 | Final conditions | | ID19 | Signed planning agreement dated 17 June 2021 | | ID20 | Deed of variation dated 25 June 2021 |

Palm Hills , London Road, BRACKNELL, RG12 9FR — Bracknell Forest Borough Council — Peter Rose https://www.gov.uk/planning-inspectorate 26