Application Number: 13/02145/FUL Major Educational day centre for children with autism. AT Former White Hart Public House, Whaddon Way, Bletchley

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1 APP 03 Application Number: 13/02145/FUL Major Educational day centre for children with autism AT Former White Hart Public House, Whaddon Way, Bletchley FOR The Cambian Group Target: 9th January 2014 Ward: Whaddon Parish: West Bletchley Council Report Author/Case Officer: Debbie Kirk Contact Details: Team Leader: Nicola Wheatcroft Joint Team Leader Strategic Applications Team Contact Details: INTRODUCTION (A brief explanation of what the application is about) 1.1 The main section of the report set out below draws together the core issues in relation to the application including policy and other key material considerations. This is supplemented by an appendix which brings together, planning history, additional matters and summaries of consultees responses and public representations. Full details of the application, including plans, supplementary documents, consultee responses and public representations are available on the Council s Public Access system All matters have been taken into account in writing this report and recommendation. 1.2 The Site The site contains the remains of a burnt out former public house which consisted of a part two storey building with a pitched roof and part single storey building. There are two existing access points from Shenley Road serving the site. The site is bounded on three sides by grass verges which contain a number of semi mature trees and are owned and maintained by Milton Keynes Council. 1.3 The area is generally residential in character. However a petrol filling station with ancillary shop and takeaway and a church lie on the opposite side of Whaddon Way to the site. Details of the location of the site and its relationship to surrounding properties can be seen in the plans attached to this report. 1.4 The Proposal This application seeks detailed planning permission for an educational day

2 centre for children with autism. Details of the proposal as described above can be seen in the plans appended to this report. 2.0 RELEVANT POLICIES (The most important policy considerations relating to this application) 2.1 National Policy National Planning Policy Framework paragraphs Para 14 Presumption in Favour of Sustainable Development Para 39 Parking Paras 56, 57, 60, 61,63,64 Design Paras 7, 109 and 118 Biodiversity Enhancements Para 69 Crime Para 98 Sustainability Para 103 Flood Risk Para 111 Reuse of Brownfield Land Para 121 Ground Conditions Para 123 Noise 2.2 Local Policy Core Strategy CS13 Ensuring High Quality Well Designed Places 2.3 Adopted Milton Keynes Local Plan D1 Impact Of Development Proposals On Locality D2A Urban Design Aspects Of New Development D2 Design Of Buildings D4 Sustainable Construction T2 Access For Those With Impaired Mobility T3,T4 Pedestrians and Cyclists T5 Public Transport T15 Parking C1 Location of Community Facilities PO4 Percent For Art 2.4 Supplementary Planning Guidance Parking Standards For Milton Keynes (2005) 2.5 Supplementary Planning Documents Sustainable Construction (2007)

3 3.0 MAIN ISSUES (The issues which have the greatest bearing on the decision) Principle of Development The principle of the development is considered to be acceptable. There are no design issues and the development in not considered to have an unacceptable visual impact on neighbouring properties or result in unacceptable loss of privacy or loss of light. 2. Impact on the Highway Network The development would not result in an unacceptable level of traffic generation. 3. Whether adequate parking is provided to serve the development There the parking and minim bus service would be acceptable to serve the development. 4.0 RECOMMENDATION (The decision that officers recommend to the Committee) 4.1 It is recommended that planning permission be granted subject to the completion of a S106 legal agreement for a financial contribution towards the carbon offset fund and provision of public art on the site and the conditions set out in section 6 of this report. 5.0 CONSIDERATIONS (An explanation of the main issues that have lead to the officer Recommendation) 5.1 Background The site has planning permission (10/01485/FUL) for the erection of a part two storey and part three storey 60 bedroom care home for the elderly with associated parking and external works. This was allowed on appeal in March This permission has not been implemented but is still extant and could therefore be implemented. 5.2 The site also has planning permission 11/02627/FUL for the demolition of an existing vacant public house and erection of a part two storey part three storey thirty two bedroom care home and rehabilitation facility which was granted permission in March This permission has been partially implemented following the demolition of the existing public house earlier this year. 5.3 Therefore the principle of the loss of the existing public house has been established. 5.4 Principle of Development The currently proposed day centre would be for children up to the age of 19 years of age who suffer with Autism. The overall pupil occupancy would not exceed 40 pupils.

4 5.5 The site lies in a predominately residential area and is designated as an existing residential area on the Milton Keynes Local Plan Proposals Map. Policy C1(i) Location of Community Facilities of the Adopted Local Plan states that planning permission will be granted for "Non-residential community facilities within, or adjacent to Central Milton Keynes, town, district and local centres". 5.6 The title "community facilities" is defined within the Adopted Local Plan as meaning 'a wide range of facilities and services required by the community'. medical and health centres, Any proposal for community facilities does not have to include facilities to serve just the local community it can as in the case serve the community as a whole. 5.7 It is considered that the proposed use falls within a D1 (Non Residential institution) use class. 5.8 The development will be in an existing housing area close to a neighbourhood centre on Whaddon Way, and other local services. It is therefore considered that the proposed re-development would broadly conform with criteria (i) of policy C1 of the Adopted Local Plan. Therefore the principle of development would be acceptable. 5.9 Traffic Generation The proposed development would result in a reduction in traffic generation compared to the previous use as a public house that would have had traffic arriving and leaving throughout the day and evenings. The public house had parking for approximately 53 cars and the maximum number of parking spaces required to meet the Council's Parking Standards for the proposed use is 35. This indicates a significant reduction in the amount of traffic generated by the site. The proposal is for 25 on plot parking spaces In addition, the proposed car parking spaces are for staff and therefore traffic generation would simply be journeys to and from the workplace rather than customer trips to the public house which would have been at much higher frequency throughout the opening times. However, there would be some vehicle movements resulting from mini buses bringing pupils and staff to and from the centre. The Highway Engineer does not have objections on the basis of trip generation for the proposed use Access The proposed access off Kennet Drive is acceptable in terms of width and provides adequate visibility onto Kennet Drive. The access has a sliding security gate to control access to the site and this will mean that refuse collection and service vehicles will have to wait on the highway until access is permitted. However the access is approximately 35 metres from the junction and is unlikely to cause problems for highway users especially considering

5 the low frequency of these movements The access to the car parking is also unlikely to be an issue since cars can wait off the carriageway before entering the site and again the access is away from the junction of Kennet Drive with Shenley Road for the occasions when several cars arrive at the start of the day The proposal has a similar security arrangement on the accesses for the set down and collection point off Shenley Road with some parking at the front of the building however the drawing submitted states that these will be held open during peak operation times which should reduce the risk for other highway users caused by vehicles waiting to access the site. During the period when the gates are closed single vehicles can wait off the main carriageway for access The visibility at the existing accesses off Shenley Road is acceptable for the proposed use Parking The Council's Parking Standards require one space per member of staff plus a set down/pick up area for pupils. The proposal includes 10 cycle parking spaces which meets the Parking Standards requirement The details submitted show 25 parking spaces including an allocated disabled parking bay and two spaces used for the parking of minibuses that are used for the collection of staff and pupils attending the school and also for any organised trips. The use of the minibuses will reduce the number of trips to the school by parents and carers The applicant has supplied further information to clarify the proposed staff numbers, the system of pupil and staff transport to the Day Centre by minibuses and the anticipated build up of staff and pupils to the Day Centre over a two year period The information provided has helped the Highway Engineer assess the possible impacts of the Day Centre in terms of the provision for on site and the possible off street parking. The applicant s agent has confirmed that the maximum number of pupils attending the day centre is limited to 40 on this site; however there is likely to be a staged intake of pupils over a 2 year period with the expected numbers of pupils probably not exceeding 32 and with a corresponding number of staff The Parking Justification Statement submitted explains that there will be minibus services operated from the Day Centre to collect staff which will reduce the demand for on plot parking. The minibuses will also collect pupils using the 2 x 17 seater minibuses parked on the site This minibus service will reduce the parking demand by between 4 and 6 depending on the number of staff collected by the minibus and will

6 significantly reduce the pressure for parking spaces on the site The Parking Justification Statement submitted also provides more detail on the staged increase in staffing levels after opening over an initial 2 year period with the maximum anticipated staffing numbers being between 32 and 35 depending on the number of pupils attending the Day Centre The applicant has supplied a further breakdown of the staffing numbers to show the number of teaching and non-teaching staff likely to be employed at the Day Centre. Based on providing staff parking for the maximum number of 28 specialist teaching staff that do not use the minibus service the Highway Engineer estimates that there is a requirement for between 22 and 24 allocated spaces on the site The proposal shows 23 spaces which is in line with the numbers required above and it is important to keep in mind that, because of the nature of the Day Centre, staff are on site at the same time and leave at similar times. There would be some informal parking for 2 or 3 additional cars in the parking areas without impacting on the operation of the car park or causing on street parking However it does highlight the importance of the need for a very robust travel plan to be developed and actively operated by the applicant to ensure that there is no increase off -site parking and that the mini bus service for staff continues The applicant has explained that the non-teaching staff would be more likely to be employed local to the Day Centre and would probably walk, cycle or use the bus service which again should reduce the demand for on plot parking. They could also use the minibus service to be provided Visitors would only arrive by appointment and could be accommodated on the site either in the front parking area or at the rear for informal parking during the day without causing problems for the local residents. An occasional vehicle parking on Kennet Drive again is unlikely to cause problems of access for the residents on Kennet Drive during the day Set Down and Collection The set down and collection point is off Shenley Road using the existing access points which have remote controlled gates. There may also be a limited number of pupils arriving by taxi which again reduces the demand for on-plot parking for parents and carers compared to a typical school site development Servicing. Delivery vehicles will use the main parking area to the rear of the building off Kennet Drive which will require the vehicle to reverse into the site under supervision. The number of deliveries for the Day Centre is likely to be low

7 and comparable with small school sites Design The development would be part two storey and part single storey. The orientation of the building would reflect the buildings in the surrounding area, with two storey elements facing Whaddon Way and Shenley Road and the single storey elements facing Kennet Drive and the gardens of properties off Kennet Drive and Whaddon Way. The design of the building includes the incorporation of green roofs. The coloured cladding panels and coloured glass would add visual interest to the building from both public and private areas. Staff parking for 20 vehicles and two minibuses would be provided to the rear, accessed from Kennet Drive The internal accommodation on the ground floor would comprise of the main entrance, reception area, 6 general purpose classroom areas with associated stores, WC's, a music room, gym/assembly hall, kitchen, dining areas and staff areas. On the first floor the accommodation would comprise of 6 general purpose classrooms with associate stores, WC'S, one to one rooms, an internal plant room and an external enclosed plant area The Council's Urban Designer is generally supportive of the design and layout of the building but has raised concerns about the building having an inactive and blank frontage to Kennet Drive. It is considered that windows at this location would add visual interest to the elevation and provide natural day lighting. The applicant's agent has commented that the area is generally for plant/sports areas therefore windows have been designed out where possible for security. The applicant s agent has further commented that they consider that they have provided a visually appealing elevation in terms of its shape(s), mixture of materials to be used and facade steps The Council's Urban Designer considers that the main building entrance should be easily identifiable to aid legibility. On the submitted north east elevation the main entrance appears to merge into the background. The entrance to the parking area is more impressive and something similar would be better as the main entrance onto the street. The applicant's agent advises that whilst they consider that the main entrance is clearly identifiable there is an opportunity to identify this further. The applicant would be willing for a condition (see section 6 condition 26) to be imposed to provide further information with regards to the main entrance area onto Shenley Road The proposed layout and design of the educational day centre would generally enhance the character and appearance of the area, a condition should be imposed to improve the legibility of the main entrance of the building onto Shenley Road, the function of the uses restrict the addition of any further windows along the Kennet Drive elevation. The development is considered to broadly comply with policies D2 and D2A of the Milton Keynes Local Plan and policy CS13 of the Core Strategy.

8 5.36 Impact on Neighbouring Properties The Council expect that there should normally be a back to back separation distance between habitable rooms of 22 metres. A minimum distance of 13.7 metres should be retained between the rear of a property with a window in it and a blank gable end In this case there would be a separation distance of 11.3 metres between the side gable of the proposed educational day centre and blank side gable of 241 Whaddon Way. This would be below the normal flank to rear of a property. However, this development would result in two flank walls being adjacent to one another, there is no specified separation distances for such a relationship The proposed development is not considered to have an unacceptable visual impact or result in unacceptable loss of daylight to habitable rooms or the rear garden of No 241. Only one fire escape door serving a stairwell and general purpose class room, are proposed on the ground floor level and two first floor windows serving a general purpose classroom and a coloured glass stairwell are proposed to be installed in the nearest side gable facing number 241 Whaddon Way. As the proposed first floor in the general purpose class room would be positioned 1.15 metres above floor level the applicant would accept a condition being imposed on any planning permission to ensure that the first floor windows are obscurely glazed and fixed non opening (see section 6, condition 28). Windows serving the remainder of the first floor windows would be positioned 32 metres from the boundary with 241 Whaddon Way and 106 Kennet Drive, which complies with the normal separation distance and would not result in unacceptable loss of privacy to the occupiers of these properties The other end of the new development would be single storey and positioned approximately 18.5 metres from the gable end of 106 Kennet Drive, and the siting of the development will not have an adverse impact on the amenities of this house. The development is considered to comply with policy D1 (iii) of the Adopted Local Plan The occupier of number 106 Kennet Drive has requested that the proposed bin store enclose is relocated away from the boundary fence with this property. The applicant's agent advises that "the sites overall constraints are fairly tight and to ensure suitable separation from the existing domestic properties, the main building line has been clearly separated from the boundary of the neighbouring properties. Whilst we appreciate the comment that the "bin store" is located adjacent to the boundary of 106 Kennett Drive, its position has been carefully considered both in terms of site operations, collection/vehicular access to/from Kennett Drive itself and impact on neighbouring properties, furthermore the bin enclosure is located 1000 millimetres away from an existing 1.8 metre high boundary fence and the area has a full roof structure and is enclosed with hit and miss fencing walls. We therefore feel that any potential affect on neighbouring properties has been considered".

9 5.41 The occupier of number 106 Kennet Drive has raised concerns with regards to the level of protection between an existing 1.8 metre high boundary fence and the proposed parking area adjacent to the boundaries with 106 Kennet Drive and 241 Whaddon Way. The occupier of number 106 Kennet Drive has requested that a raised kerb be placed at a distance of 600 millimetres be placed from the boundary fence and the end of the parking spaces. The applicant advises that "again the site constraints are such that the parking area has been positioned to provide a buffer zone to the neighbouring properties and whilst we note the occupants comment with regard positioning a kerb we confirm that the parking area shown on the application drawings does in fact show a kerb line varying between 400 millimetres and 800 millimetres from the boundary fence line dependent upon location they consider that this concern has been addressed". A buffer would be provided between the parking spaces and the existing boundary fence with 106 Kennet Drive and 241 Whaddon Way, the constraints on the site means that this cannot be a consistent distance all the way along the boundary Conclusion The principle of the proposal and the design of the building is considered to be acceptable. The development is not considered to have an unacceptable visual impact on neighbouring properties or unacceptable loss of privacy or light The proposed development would not result in an increase in traffic generated by the site compared to the previous use and is, in fact, likely to reduce traffic movements to and from the site. The proposed new access onto Kennet Drive is considered to be acceptable. The level of parking and arrangements to provide a minibus service for staff and pupils using the day centre are also considered to be acceptable It is recommended that planning permission is granted subject to the completion of a S106 legal agreement for a financial contribution towards the carbon offset fund and the provision of public art on site and the conditions set out in section 6 of this report. 6.0 CONDITIONS (The conditions that need to be imposed on any planning permission for this development to ensure that the development is satisfactory. To meet legal requirements all conditions must be Necessary, Relevant, Enforceable, Precise and Reasonable ) 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To prevent the accumulation of planning permissions; to enable the Local Planning Authority to review the suitability of the development in the light of altered circumstances; and to comply with section 51 of the Planning and Compulsory Purchase Act (D11) 2. Prior to the commencement of development details the type and

10 location of one group of five Swift nesting bricks to be built into the either the northeast or northwest facing walls immediately below the top floor roof shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented prior to the first occupation of the building and retained in that form in perpetuity thereafter. Reason: To ensure that the development complies with policy NE3 of the Milton Keynes Local Plan Prior to the commencement of development details the type and location of two bat roost boxes to be built into (not on) the walls. One each in the southwest and southeast walls set above 4 metres in height shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented prior to the first occupation of the building and retained in that form in perpetuity thereafter. Reason: To ensure that the development complies with policy NE3 of the Milton Keynes Local Plan The external materials to be used in the development shall be in accordance with samples to be submitted to and approved in writing by the Local Planning Authority before any work is commenced.(m03) Reason: To ensure that the development does not detract from the appearance of the locality. 5. The development shall be carried out in accordance with the Sustainability Statement contained within the Design and Access Statement Revision A. The scheme shall be implemented in full prior to the first use of the building /occupation of each dwelling. Reason: To ensure that the development complies with the Council's objective for Sustainable Development in accordance with Policy D4 of the Adopted Local Plan: The parking and drop off point shall be lit to the BS5489 standard. The lighting shall provide an even pool of light and the lighting levels shall be to at least 0.25 Uo (25%). The type of lighting shall provide high colour recognition achieved from a 'white light' such as halide and the colour of any lighting shall be at least 60 Ra (60%). Care shall be taken to ensure the lighting is compatible with any CCTV. Prior to the commencement of development a lighting scheme and LUX plan shall be submitted to and approved by the Local Planning Authority. The approved scheme is to be implemented prior to the first occupancy of the building. Reason: To ensure satisfactory crime prevention measures are in place in the car parking areas and along the pedestrian routes. 7. Secured By Design standard doors, windows and glazing shall be installed in this residential care home. The Secured By Design Standard for

11 such a development is: doors to PAS24 standard and windows to BS7950 standard. The ground floor and easily accessible glazing should have at least one pane laminated to at least 6.4 mm in thickness. Prior to the first occupation of the development certification for the windows and doors and written confirmation that a visual inspection of the glazing shall be carried out by the Crime Prevention Design Advisor shall be submitted to and approved by the Local Planning Authority. Reason: To ensure satisfactory crime prevention measures are in place on the shell on the building. 8. Prior to the commencement of the development hereby approved all existing trees shown to be retained in the approved drawings are to be protected according to the provisions of BS 5837: 2012 'Trees in relation to design, demolition and construction - Recommendations' All protective measures especially the fencing and ground protection must be put in place first, prior to any other work commencing on site (this includes vegetation clearance, ground-works, vehicle movements, machinery / materials delivery etc.) The fencing shall be of the same specification as that depicted in figure 2, page 20 and ground protection as specified in pages 21/22 in BS 5837: Signs informing of the purpose of the fencing and warning of the penalties against destruction or damage to the trees and their root zones shall be installed at minimum intervals of 10 metres and a minimum of two signs per separate stretch of fencing. The Root Protection Area (RPA) within the protective fencing must be kept free of all construction, construction plant, machinery, personnel, digging and scraping, service runs, water-logging, changes in level, building materials and all other operations, personnel, structures, tools, storage and materials, for the duration of the construction phase. No fire shall be lit such that it is closer than 20 metres to any tree or that flames would come within 5 metres of any part of any tree. Earthworks, level changes, service runs, foundations and all other works involving excavation should not be located within the root protection areas. Reason: To protect existing trees during the construction process 9. Prior to commencement of the development hereby approved, a detailed landscaping scheme, to include for 6 new public realm trees in the verges around the site, damp tolerant trees should be selected for the Kennet Drive verge as this is the site of an old pond, shall be submitted and approved by The Local Planning Authority. The scheme should clearly detail on a scaled plan; tree planting and shrub planting positions, numbers, nursery sizes, species, pre-planting ground preparations including soil amelioration, planting method, staking and aftercare. The scheme should also clearly identify locations and species of trees to be retained. The approved scheme

12 shall be planted in the first planting season post construction completion and any trees or shrubs dying within five years of planting shall be replaced. Reason: To protect the appearance of the area and mitigate for the loss of two horse chestnut trees on Kennet Drive 10. Before the development hereby permitted is occupied the ground surface areas around the building including access roads, parking areas, patios, terraces and other amenity surfaces, including areas for earth moulding and contouring, shall be constructed in accordance with details shown on RLA drawing numbers 1324 D1 Rev B (Proposed Site Plan). Reason: To ensure a satisfactory layout in keeping with the general amenity of the area and to provide a satisfactory setting for the development. 11. Before the development hereby permitted is occupied, the boundaries of the site shall be enclosed in accordance with the approved details shown on RLA drawing numbers 1324 D1 Rev B (Proposed Site Plan) and 1324 D7 Rev A (Boundary Treatment Elevations) and before the development is occupied. The approved fences or walls shall subsequently be retained. Reason: To protect the amenities of the locality and safeguard the security of the site. 12. Prior to the commencement of the development hereby permitted details of the proposed finished floor levels of all buildings and the finished ground levels of the site, in relation to existing site levels of surrounding property, shall be submitted to and approved by the Local Planning Authority before any work commences. The development shall be carried out in accordance with the approved levels. Reason: To ensure that construction is carried out at suitable levels having regard to drainage, access, and the appearance of the development. 13. The development shall not be occupied until the car parking area (and turning area) shown on 1324 D1 Rev B (Proposed Site Plan) has been constructed, surfaced and permanently marked out. The car parking area so provided shall be maintained as a permanent ancillary to the development and shall be used for no other purpose at any time. Reason: To ensure adequate parking provision at all times so that the development does not prejudice the free flow of traffic or the conditions of general safety along the neighbouring highway. 14. Prior to commencement of the development hereby permitted, a Traffic Management Plan, specifying the route to be taken by HGV's and heavy plant accessing the site, and holding positions for vehicles awaiting access to the site. All vehicle routes and holding positions must be at positions away from residential areas, and vehicles must not wait on grid road. The approved plan must be implemented throughout the duration of the construction works.

13 Reason: To minimise the impact of construction traffic on the amenities of nearby residential properties. 15. Construction noise from all externally mounted plant and machinery, shall operate so as not to emit noise levels above 30 db(a) Leq (5 mins) as measured at night-time, one metre from the nearest noise sensitive façade. The contractor may, upon formal written agreement with the Local Planning Authority, undertake works that exceed this limitation. Reason: To protect the amenities of nearby residential properties. 16. Construction (and demolition) works, which are audible at the site boundary, are permitted only during the following hours:- a) 08:00-18:00 Monday to Friday b) 08:00-13:00 Saturday c) No working at all on Sundays and Bank Holidays The Contractor may upon formal written agreement with the Local Planning Authority, undertake works that exceed this limitation. Reason; To protect the amenities of nearby residential properties during the construction process. 17. Prior to the commencement of the development hereby permitted details of the bin stores/recycling compound shall be submitted to and be approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the first occupation of the building and thereafter maintained for this purpose. Reason: To ensure that there are adequate bin stores/recycling facilities to serve the site. 18. Prior to the commencement of the development hereby permitted details shall be submitted to and approved by the Local Planning Authority specifying the parts of the site to be used for site huts, storage of materials and plant and parking of employees cars during the construction period, and any proposal for fencing of a site compound. Reason: To ensure satisfactory provision in relation to adjoining property and circulation within the site. 19. The development hereby permitted works shall not commence until vehicle wheel cleansing facilities have been provided on the site to the satisfaction of the Local Planning Authority. Such facilities shall be used by all vehicles leaving the site and shall be permanently maintained in working order throughout the construction period. Reason: To ensure that construction works do not prejudice conditions of safety and cleanliness along the neighbouring highway.

14 20. Prior to the commencement of the development hereby permitted details of the cycle stands and covered shelters shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the first occupation of the building and thereafter maintained for this purpose. Reason: To ensure that there are adequate bin stores/recycling facilities to serve the site. 21. Prior to the commencement of the development hereby permitted details of the new access onto Kennet Drive shall be submitted to and approved in writing by the Local Planning Authority. The proposed development shall not be brought into use until such time as the existing access has been laid out and constructed in accordance with the approved details. Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and of the access. 22. Prior to the initial occupation of the development hereby permitted the new access shall be sited and laid out in accordance with the approved drawing and constructed in accordance with the Milton Keynes guide note for commercial vehicle crossovers. Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and of the access. 23. The sliding access gates or other means of controlling access provided to the site shown on the approved drawing shall be held open during peak operation times to avoid any congestion on the highway to minimise danger, obstruction and inconvenience to the highway users. Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and of the access 24. The first floors window serving a general purpose classrooms in the south west elevation facing 241 Whaddon Way shall be obscurely glazed to a level of obscurity of level 3 within the Pilkington range of Textured Glass or equivalent and be non opening. They shall not be altered to clear glazing or opening. Reason: To preserve the amenity and privacy of the adjoining residential occupiers. 25. A strategy for the mitigation of landfill gas deemed necessary to bring the site to a condition suitable for its intended use, shall be submitted to and approved by the Local Planning Authority before construction works commence. Any gas mitigation works shall be carried out in accordance with the approved strategy and validated by submission of an appropriate

15 verification report prior to first occupation of the development. Any changes to the layout of the site should be submitted to the local planning authority in order for a revised risk assessment of the liquid tar found on site to be undertaken. Should any unforeseen contamination be encountered the Local Planning Authority shall be informed immediately. Any additional site investigation and remedial work that is required as a result of unforeseen contamination will also be carried out to the written satisfaction of the Local Planning Authority. Reason: To ensure that the site is fit for its proposed purposed and any potential risks to human health, property, and the natural and historical environment, are appropriately investigated and minimised. 26. Notwithstanding the information shown on RLA drawing number 1324/D6 (Proposed North East Elevation) prior to the commencement of development further detailed plans on a scale of 1:50 of the design of the main building entrance onto Shenley Road shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the first occupation of the building. Reason: To ensure that the main building entrance would be easily identifiable and to aid legibility. 27. Prior to the commencement of the development hereby permitted a method statement for the execution of soft landscaping works within the root protection areas identified in accordance with the details submitted under condition 9 above shall be submitted for approval. Reason: To protect existing trees during the construction process 28. If construction-facilitation pruning of the trees is required, this should be carried out by a competent, qualified and experienced tree surgeon according to the provisions of BS 3998: 2010 and current arboriculture industry best practice. The Local Authority arboriculture officer shall be given a weeks notice before the works are carried out so they have the opportunity to attend on site and agree the exact extent of the works with the tree surgery contractor. Reason: To protect existing trees during the construction process 29. Prior to the initial occupation of any part of the development hereby permitted a Travel Plan shall be submitted to and be approved by the Local Planning Authority. Within three months of occupation of any part of the development, a site co-ordinator shall be nominated to manage the Travel Plan and conduct a Site Audit and Staff Travel Surveys, leading to the submission of a site-wide Travel Plan report. The approved full Travel Plan shall be implemented in accordance with the timetable and targets contained within and shall continue to be implemented as long as any part of the development is occupied with a minimum of annual reporting for the first five years and biannually thereafter.

16 Reason: In order to reduce the demand for car parking and vehicle trips generated by the development by actively promoting and encouraging the use of more sustainable alternatives. 30. Prior to commencement of the development a report detailing the sustainability of building materials will be submitted to the Council for approval in writing. Details of the BRE Green Guide rating of the main materials in accordance with the Sustainable Construction Guide Supplementary Planning Document and details of how 10% of materials (by value) will be sourced from reused or recycled sources shall be submitted to the Council for approval. The development shall be carried out in accordance with the approved scheme. Reason: To ensure the sustainable use of materials in line with the requirements of Policy D4 of the Milton Keynes Local Plan Prior to the commencement of the development details of the site waste management strategy to be implemented by the contractor throughout the construction process shall be submitted to and approved in writing by the Local Planning Authority. The approved measures shall be implemented and use throughout the whole of the construction process until the development is completed. Reason: To minimise construction waste and encourage the reuse or recycling of waste materials inline with the requirements of Policy D4 of the Milton Keynes Local Plan

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26 1. Appendix to 13/02145/FUL A1.0 RELEVANT PLANNING HISTORY (A brief outline of previous planning decisions affecting the site this may not include every planning application relating to this site, only those that have a bearing on this particular case) A1.1 BL/97/58 Erection of licensed premises with first floor living accommodation. Permission /01180/FUL Demolition of existing public house and erection of 69 bedroom care home, associated parking and external works. Withdrawn /01485/FUL Erection of a part two storey and part three storey 60 bed care home, associated parking and external works Refused for the reasons set out below: 1. The scale, massing and design of the proposed development would be out of keeping with other buildings in the immediate vicinity in terms of their scale and massing and the function of the building is considered to be of significant importance to warrant a greater scale on the corner of Shenley Road and Whaddon Way. The development would be contrary to policy D2 (i) & (ii) of the Milton Keynes Local Plan The development does not include sufficient space within the site for parking vehicles clear of the highway. The development if permitted would be likely to lead to additional on-street parking to the detriment of highway safety and convenience. The development would be contrary to policy T15 (ii) of the Milton Keynes Local Plan and the Parking Standards For Milton Keynes (2005) Supplementary Planning Guidance. With regard to the above a subsequent Appeal was 'allowed' on 9 th March 2011 by an Independent Inspector. A copy of the Appeal Decision is Appended to this report. 11/02255/FUL Demolition of Existing Vacant White Hart Public House and erection of part two storey, part three storey 32 bed care home and rehabilitation facility Withdrawn due to an incorrect certificate of ownership being completed. 11/02627/FUL Demolition of Existing Vacant White Hart Public House and erection of part two storey, part three storey 32 bed care home and rehabilitation facility (resubmission of 11/02255/FUL due to incorrect certificate of ownership being completed). Permission This consent has been partially implemented as the vacant public house has been demolished and the site is now vacant and enclosed by sold fencing.

27 13/00029/DISCON Details submitted pursuant to discharge of conditions 10 (Tree Protection Measures During Demolition Process), 17 (Traffic Management Plan During the Demolition Process), 19 (Working Hours Throughout The Demolition Process), 21 (Construction Environmental Management Plan During the Demolition Process), 23 (Contractors Compound During the Demolition Process) and 24 (Wheel Wash Facility though out the Demolition Process) attached to planning permission 11/02627/FUL. Details Approved A2.0 ADDITIONAL MATTERS (Matters which were also considered in producing the Recommendation) A2.1 Ecology Paragraph 118 of the National Planning Policy Framework (2012) states that Councils should encourage opportunities to incorporate biodiversity in and around development. Paragraph 109 of the National Planning Policy Framework (2012) states that the planning system should contribute to and enhance the natural and local environment by minimising impacts on biodiversity and providing net gains in biodiversity where possible. Development of the site will present opportunities to satisfy the requirements of the National Planning Policy Framework and policy NE3 of the Milton Keynes Local Plan A2.2 The development proposals include a green wild flower roof which is to be supported in the context of policy NE3 of the Milton Keynes Local Plan and the National Planning Policy Framework. The creation of this habitat benefits to biodiversity of offering habitat for insects and feeding birds (and bats) should be optimised with the provision of bird nesting and bat roosting opportunities that are built into the building and therefore sustained for the life of the building. A2.3 The Countryside Officer recommends that conditions are imposed on any planning permission for one group of five Swift nesting bricks to be built into the either the northeast or northwest facing walls immediately below the top floor roof and two bat roost boxes to be built into (not on) the walls. In addition one of each should be built into the southwest and southeast walls. A2.4 Public Art Policy P04 of the Milton Keynes Local Plan seeks to ensure that where new development is proposed, developers are encouraged to allocate 1% of the capital cost of the development towards the incorporation of public works of art that enhance the appearance of the development. The objective of the policy is to add visual interest to buildings and places and to improve the environment of the Borough. This requirement includes provision at new schools, such as is being proposed.

28 A2.5 There is policy justification for seeking this contribution. The Council's Public Art Project Officer advises that the public art sought from the development could be proposed to be outside and not an internal feature. The final artwork will be the result of an artist responding to the site and community. A constraint can be placed on the contribution through a S106 legal agreement to ensure that that the art can be provided in an area of private open space either fronting Whaddon Way or Shenley Road to enable the artwork to be enjoyed by teachers and pupils at the school and the wider community around the development and therefore not a private feature. Examples of such artwork may be artist designed railings, a feature boundary wall or a sculpture which could celebrate the heritage of the area. A2.6 Public Artwork has previously been agreed to the value of 30,000 under application 10/01485/FUL for the 60 bed care home and 15,000 under application 11/02627/FUL for a 32 bedroom care home. An Inspector on a previous proposal for a care home under application 10/01485/ful considered that such a provision within the undertaking was of relevance and proportional to the development. The applicant has agreed to enter into a S106 legal agreement for the provision of public artwork on the site in accordance with policy P04 of the Milton Keynes Local Plan A2.7 Impact On Trees The Landscape Technical Officer considers that the existing trees just outside the site in the verges onto Kennett Drive, Shenley Road and Whaddon Way should be protected by tree protection fencing. While some trees may not require this where the hoarding will remain in place throughout the construction phase, if sections of the hoarding are to be taken down for any reason before the end of the construction phase then the trees adjacent to the works need to be protected. A2.8 The details of the surface treatments within the Root Protection Area of the Silver Maple at the north corner of the site should be submitted for approval as there is potential for root damage to the tree during the removal of the existing hard standing, if this is the proposal. A method statement should also be provided and worked to, which seeks to minimise the impact of the hard standing removal and replacement on the tree s root protection area. If the existing hard standing is to be retained and/or resurfaced then there should not be a problem. It may be appropriate to carry out some crown lifting works to the Silver Maple tree as it hangs quite low over the site and the Shenley Road. Crown reduction may also be in order to prevent the branches from becoming too weighty, as this species tends to develop weak junctions. The detailed landscaping scheme should include for 6 new public realm trees in the verges around the site, damp tolerant trees should be selected for the Kennet Drive verge as this is the site of an old pond. A2.9 Landscaping Indicative landscape details are shown on the drawing: Site Layout drawing no1324/d1 Rev B and conveys a layout that will allow limited space to achieve a good landscape structure. A cross section drawing has been

29 provided which conveys the level change details for the landscape area adjacent to Whaddon Way. The details as shown are considered by the Senior Landscape Officer to be acceptable. It is recommended that a condition be imposed on any planning permission to secure planting details for all landscape areas. A2.10 Sustainable Construction Policy D4 of the Milton Keynes Local Plan requires all new development of over 1000 square metres to meet the 8 criteria set out under this policy and the accompanying Sustainable Construction Supplementary Planning Document. The Planning Officer in the Development Plans Team has assessed the amended Sustainability Statement contained within the Design and Access Statement Revision A and advises that the additional text in the sustainability statement provides clarity, but there are still a couple of gaps in relation to materials. It would be acceptable to impose conditions requiring details of 10% reuse/recycled material content and details of a waste management plan (see section 6, conditions 36 and 37). The applicant has agreed to enter into a S106 legal agreement with the Council to make a financial contribution towards the Carbon Offset Fund to offset the amount of carbon produced by the development in its first year. The development would therefore comply with policy D4 of the Adopted Local Plan.

30 A3.0 CONSULTATIONS AND REPRESENTATIONS (Who has been consulted on the application and the responses received. The following are a brief description of the comments made. The full comments can be read via the Council s web site) Comments Officer Response A3.1 West Bletchley Parish Council No objection to this application. Noted. A3.2 Environment Agency No objection or comment to make on this application. Noted. A3.3 Senior Landscape Officer Indicative landscape details are shown on the drawing: Site Layout drawing no1324/d1 and conveys a layout that will allow space to achieve a landscape structure. Received a cross section drawing conveying the level change details for the landscape area adjacent to Whaddon Way. The details as shown would be acceptable. See additional matters paragraph A 2.12 and See section 6 condition 10 Policy D1 (v) MKLP It is recommended that condition be imposed on any planning permission to secure planting details for all landscape areas. A3.4 Senior Archaeologist Has assessed the site against the known archaeological resource as contained in the Milton Keynes Historic Environment Record. The site is not regarded as being of Noted. HE1 MKLP

31 significant archaeological potential. It is unnecessary to conduct any pre-determination archaeological investigation or impose any archaeological condition in respect of the site. A3.5 Crime Prevention Design Advisor No objections to what is being proposed, raises the following concerns, all of which can either be amended via a minor alteration or via a condition being set. See section 6 conditions 6 and 7 Policy D2(vi) MKLP Reception Area Satisfied that there is the means to create a secure airlock entrance, the reception room does not appear to have a desk or window. This potentially allows unauthorised people to access the building without the staff being aware of it. The applicant has submitted amended plans showing the internal layout to now include a window between the reception office and the entrance foyer. This is considered to be acceptable. Lighting This is an area that is often overlooked, however, can have a dramatic affect in reducing crime, the fear of crime and anti-social behaviour. There are concerns that this has not been dealt with as part of this application. It is recommended that a condition is imposed on any