Agenda and minutes

Planning Committee
Thursday, 19th December, 2019 7.00 pm

Venue: Council Chamber - Epsom Town Hall

Contact: Democratic Services tel: 01372 732121  email:  democraticservices@epsom-ewell.gov.uk

Items
No. Item

48.

Appointment of Chair and Vice-Chair

Minutes:

In the absence of the Chair, Councillor Clive Woodbridge and with the agreement of the Committee, Councillor Monica Coleman was appointed Chair for the evening.  Subsequently, Councillor David Reeve was appointed Vice-Chair.

49.

Declarations of Interest

Members are asked to declare the existence and nature of any Disclosable Pecuniary Interests in respect of any item of business to be considered at the meeting.

Minutes:

In the interests of openness and transparency the following declarations were made:

Declarations of Interest

Councillor Neil Dallen, Other Interest: Declared he was a member of the Civic Society.

 

59 Ashley Road Epsom Surrey KT18 5BN 18/00548/FUL

Councillor Nigel Collin, Other Interest: Did not take part in the deliberations or voting for this item.

 

Odeon Cinema, 16 - 18 Upper High Street, Epsom, KT17 4QJ - 19/01056/REM

Councillor Bernice Froud, Other Interest: Declared that a member of her family worked for Odeon Cinema but she did not receive any financial benefit.

 

Tree Preservation Order 37 - Revocation - 18a Richlands Avenue

Councillor Hannah Dalton, Other Interest: Declared she was known to and had previously corresponded with the applicant.

 

50.

Minutes of the Previous Meeting pdf icon PDF 183 KB

The Committee is asked to confirm as a true record the Minutes of the Meeting of the Planning Committee held on the7 November 2019 (attached) and authorise the Chairman to sign them.

Minutes:

The Minutes of the meeting of the Planning Committee held on 7 November were agreed as a true record and signed by the Chair.

51.

59 Ashley Road Epsom Surrey KT18 5BN 18/00548/FUL pdf icon PDF 157 KB

Residential development of 6 flats in a detached building, including associated landscaping, access and parking following demolition of existing dwelling.

Minutes:


Description

Residential development of 6 flats in a detached building, including associated landscaping, access and parking following demolition of existing dwelling.

Decision

Planning permission is PERMITTED subject to the following conditions:

Note:  Amendments to Conditions 10 and 11 and an additional condition number 20

Conditions:

(1)            The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 (1) of the Planning and Compulsory Purchase Act 2004.

(2)            The development hereby permitted shall be carried out in accordance with the following approved plans:

BRN /P18/03B Site Layout

ARE/P18/08/A  East and West Elevations

ARE/P18/08/A  North and South Elevations

ARE/P18/04      Ground floor plan

ARE/P18/05      First floor plan

ARE/P18/06      Second floor plan

ARE/P18/07      Roof plan

Reason: For the avoidance of doubt and to ensure that the development is carried out in accordance with the approved plans to comply with Policy CS5 of the Core Strategy (2007).

(3)            Prior to the commencement of development, details and samples of the external materials to be used for the development shall be submitted to and approved in writing by the local planning authority.  The development shall be carried out in accordance with the approved details.

Reason: To secure a satisfactory appearance in the interests of the visual amenities and character of the locality in accordance with Policy CS5 of the Core Strategy (2007) and Policies DM9 and DM10 of the Development Management Policies 2015.

(4)            No development shall take place until details of existing and proposed finished site levels, finished floor and ridge levels of the buildings to be erected, and finished external surface levels have been submitted to and approved in writing by the local planning authority . The development shall thereafter be constructed in accordance with the approved details.

Reason: In order to safeguard the visual amenities of the area / In order to safeguard the amenities of the occupiers of neighbouring properties  in accordance with Policy CS5 of the Core Strategy (2007) and Policy DM10 of the Development Management Policies 2015.

(5)            No development shall take place until full details, of both hard and soft landscape proposals, including a schedule of landscape maintenance for a minimum period of 5 years, have been submitted to and approved in writing by the local planning authority. The landscaping shall incorporate the planting of native species of trees and shrubs. The approved landscape scheme (with the exception of planting, seeding and turfing) shall be implemented prior to the occupation of the development hereby approved and thereafter retained.

Reason: To ensure the provision, establishment and maintenance of an appropriate landscape scheme in the interests of the visual amenities of the locality in accordance with Policy CS5 of the Core Strategy (2007) and Policies DM5 and DM9 of the Development Management Policies 2015.

(6)            No development shall take place until full details of all boundary treatment have been submitted to  ...  view the full minutes text for item 51.

52.

Kings Arms Public House 144 East Street Epsom KT17 1EY 19/00900/REM pdf icon PDF 120 KB

Variation of Condition 2 (Approved drawings) of planning permission 18/00315/FUL to permit minor revisions to the elevations and fenestration of the proposed new building.

 

Minutes:

Description

Variation of Condition 2 (Approved drawings) of planning permission 18/00315/FUL to permit minor revisions to the elevations and fenestration of the proposed new building.

Decision

Variation of Condition 2 PERMITTED, subject to the following:

Part A

The Committee authorise the Head of Planning to grant planning permission subject to the conditions detailed below. Subject to a new legal agreement (under the same terms as the extant agreement) being completed and signed by the 31 March 2020 to secure the following previously agreed and secured heads of terms:

         A commuted sum of £110,164 in lieu of the on-site provision of;

         affordable housing

         In the event that the slab level is not completed within three years from the date of the planning permission a revised viability appraisal shall be submitted.

         Residential Travel Information Pack

Part B

In the event that the section 106 Agreement referred to in Part A is not completed by 31 March 2020, the Head of Planning be authorised to refuse the application for the following reason:

(1)            In the absence of a completed legal obligation under section 106 of the Town and Country Planning Act 1990 (as amended) the applicant has failed to comply with Policy CS5 of the Core strategy 2007.

Conditions:

(1)            The development hereby permitted shall be commenced within 3 years from the 2 May 2019, the date of the originally approved application 18/00315/FUL that is subject to this application to variation.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 (1) of the Planning and Compulsory Purchase Act 2005.

(2)            The development hereby permitted shall be carried out in accordance with the following approved plans and documents:

Proposed Site Layout      1355-Pln-001A

Proposed Ground and First floor plans         1355-Pln-002A

Proposed Second and Third floor plans        1355-Pln-003A

Proposed North West (Front) elevation         1355-Pln-004A

Proposed South West (Side) elevation          1355-Pln-005A

Proposed South East (Rear) elevation1355-Pln-006B

Proposed South West (Side) elevation          1355-Pln-007A

Existing and Proposed North West (front) elevation         1355-Pln-009A

Existing and Proposed North East (side) elevation1355-Pln-010A

Existing and Proposed South East (rear) elevation1355-Pln-011B

Existing and Proposed South West (side) elevation         1355-Pln-012A

North West Front Elevation (Coloured)         1355-Pln-013

South West Side Elevation (Coloured)1355-Pln-014

South East Rear Elevation (Coloured)1355-Pln-015A

North East Side Elevation (Coloured)  1355-Pln-016

Proposed Roof Plan        1355-Pln-017

Reason: For the avoidance of doubt and in the interests of proper planning as required by Policy CS5 of the Core Strategy (2007).

(3)            Prior to the commencement of development, details and samples of the materials to be used for the external surfaces of the development, including windows and doors, shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

Reason: In the interest of safeguarding visual amenity in accordance with Policy CS5 of the Core Strategy (2007) and Policy DM10 of the Development Management Policies Document (2015).

(4)            Sample panels of all  ...  view the full minutes text for item 52.

53.

Odeon Cinema, 16 - 18 Upper High Street, Epsom, KT17 4QJ - 19/01056/REM pdf icon PDF 80 KB

Variation of opening hours

Minutes:

Description

Variation of opening hours

Decision

Variation of opening hours PERMITTED subject to the following conditions:

Conditions:

(1)            Details of materials used for the external surfaces of the development shall be those which were submitted to and approved by the Borough Council in planning application 97/00462/FUL. No variation of approved materials shall take place without consent in writing of the Borough Council

Reason: To enable the Borough Council to exercise control over the type and colour of the materials so as to secure the satisfactory appearance in the interests of the visual amenities and character of the locality

(2)            No trenches, pipe runs for services and drains shall be sited within 4.5 metres of the trunk of any tree retained on the site

Reason: To enable the Borough Council to ensure the retention of trees on the site, protected from damage in the interests of visual amenity.

(3)            The premises shall be used for cinema purposed (D2) only, and no other purpose (including any other purpose in Use Class D2 of the Schedule to the Town and Country Planning (Use Classes Order 2015).

Reason: to ensure a satisfactory form of use of the premises.

(4)            The premises hereby permitted shall only be open to members of the of the public between the hours of:

Monday        08:00 hours – 24:00 hours.

Tuesday       08:00 hours – 24:00 hours.

Wednesday  08:00 hours – 24:00 hours.

Thursday      08:00 hours – 01:00 hours. Friday

Friday           08:00 hours – 02:00 hours. Saturday

Saturday      08:00 hours – 02:00 hours. Sunday

Sunday        08:00 hours – 24:00 hours.

Reason: In order to safeguard the amenities of the locality

(5)            The footway link identified in the original permission (97/00462/FUL) from upper High Street to Depot Road shall be constructed to an adoptable standard and shall be maintained to that standard thereafter and shall remain open for the use of all members of the public at all times.

Reason: To ensure a satisfactory means of pedestrian access to the development and for all members of the public

(6)            There shall be no means of access from Upper High Street

Reason: the above condition is required in order that the development should not prejudice highway safety, the free flow of traffic nor cause inconvenience to other highway users

(7)            In the event that a pedestrian link between the Upper High Street and Depot Road car park is not provided by the cinema operator must prevent pedestrians from exiting the cinema via any other exit than the Upper High Street except in exception or emergency situations.

Reason: in the interest if pedestrian safety

(8)            The illumination of the site shall be carried out in accordance with the details submitted in application 97/00462/FUL

Reason: To preserve the amenities of the area.

(9)            The odour control of the site shall be carried out in accordance with those details as submitted within application 97/00462/FUL.

Reason: To ensure that the proposed development does not prejudice the enjoyment by neighbouring occupiers of their properties

(10)        The noise  ...  view the full minutes text for item 53.

54.

Town Hall Car Park, Dullshot Green, Epsom KT17 4NY - 19/01285/CLE pdf icon PDF 74 KB

Application for certificate of lawful use in respect of hand washing at Hope Lodge and Town Hall Car Parks.

Minutes:

Description

Application for certificate of lawful use in respect of hand washing at Hope Lodge and Town Hall Parks.

Decision

Certificate of Lawful Use approved under Section 191 of the Town and Country Planning Act 1990 (as amended)

Reason: The use has been in continuous operation for a period of greater than ten years in accordance with section 171 (3) The Town and Country Planning Act 1990 (as amended)

Informative:

(1)            In dealing with the application the Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way.  We have made available detailed advice in the form or our statutory policies in the Core Strategy, Supplementary Planning Documents, Planning Briefs and other informal written guidance, as well as offering a full pre-application advice service, in order to ensure that the applicant has been given every opportunity to submit an application which is likely to be considered favourably.

55.

Car Park - Upper High Street, Epsom KT17 4QY - 19/01333/CLE pdf icon PDF 75 KB

Application to establish the lawful status of the existing use of part of car park for hand car washing

Minutes:

Description

Application to establish the lawful status of the existing use of part of car park for hand car washing

Decision

Certificate of Lawful Use APPROVED under Section 191 of the Town and Country Planning Act 1990 (as amended)

Reason: The use has been in continuous operation for a period of greater than ten years in accordance with section 171 (3) The Town and Country Planning Act 1990 (as amended)

Informative:

(1)            In dealing with the application the Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way.  We have made available detailed advice in the form or our statutory policies in the Core Strategy, Supplementary Planning Documents, Planning Briefs and other informal written guidance, as well as offering a full pre-application advice service, in order to ensure that the applicant has been given every opportunity to submit an application which is likely to be considered favourably.

56.

Tree Preservation Order 37 - Revocation - 18a Richlands Avenue pdf icon PDF 131 KB

Revocation of Tree Preservation Order 37

Minutes:

Description

Revocation of Tree Preservation order 37

Decision

That the Local Planning Authority is authorised to undertake the process of notification and communication with all affected properties as set out in the legislation of the Council’s intention to revoke TPO 37.

In the absence of any objection that Revocation Order be made.

In the event an objection is received to the proposed revocation, a report considering the objection shall return to Planning Committee for final decision.

57.

Monthly Report Planning Appeal Decisions pdf icon PDF 58 KB

 The Committee is asked to note appeal decisions from 20th October 2019 to 2nd December 2019.

Minutes:

The Committee noted the appeal decisions from 20th October 2019 to 2nd December 2019