Agenda item

Former Police Station, Church Street, Epsom KT17 4PS - 17/01586/FUL

The demolition of the former police station, and the erection of two residential blocks comprising a total of 29 residential units (11x1bed, 11 x2 bed and 7x3 bed), with associated car parking and landscaping. 

Minutes:

Description

The demolition of the former police station, and the erection of two residential blocks comprising a total of 29 residential units (11x1bed, 11 x2 bed and 7x3 bed), with associated car parking and landscaping. 

Decision

Planning permission is PERMITTED, subject to the following:

Part A

(1)            Subject to a legal agreement being completed and signed to secure the following heads of terms:

         Provision of two social rented units on site or if this is not possible, a commuted sum of £299,880 in lieu of the on-site provision of affordable housing

         A mechanism to review the viability of the development in the event that it does not reach completion of the ground floor slab level within three years from the date of the planning permission.

The Committee authorise the Head of Planning to grant planning permission subject to the conditions set out below.

Part B

In the event that the section 106 Agreement referred to in Part A is not completed by the 14 June 2019 the Head of Planning is authorised to refuse the application for the following reason:

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 CS9 (Affordable Housing and meeting Housing Needs) in relation to the provision of a housing or a commuted sum in lieu of the on-site provision of affordable housing.

Conditions:

(1)            The development hereby permitted shall be commenced within 3 years from the date of this decision.

Reason: In order to comply with Section 91 of the Town and Country Planning Act, 1990.  (As amended)

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

Plan Nos. - Description - Date received :

17.2538.118 Rev P6 Proposed Elevations Block A Jan 2019

17.2538.119 Rev P5 Proposed Elevations Block B Jan 2019

17.2538.121 Rev P6 Proposed Context Elevations and Site Section Jan 2019

17.2538.116 Rev P5 Proposed First Floor Layout Jan 2019

17.2538.115 Rev P5 Proposed Ground Floor Layout Block B Jan 2019

17.2538.110 Rev P6 Proposed Site/ Roof Layout Section Jan 2019

Reason: For avoidance of doubt and in the interests of proper planning to comply with Policy CS5 of the Core Strategy (2007).

(3)            Prior to the commencement of development, details and samples of the external surfaces 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 the applicant has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Investigation which has been submitted by the applicant and approved by the Planning Authority

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 DM8 and DM10 of the Development Management Policies 2015.

(5)            No development, groundwork or site clearance shall be carried out until a full Arboricultural Method Statement (AMS) and Tree Protection Plan have been submitted to and approved by the Local Planning Authority.   This will include all trees within the red line of the application as well as the mature Cedar street tree on Church Street just outside the curtilage of the site.   The AMS will include 'trial hole' investigation data, a building foundation design specification (including appropriate section drawings) for any part of the building within a Root Protection Area (RPA) and will also include details of all new services outside of RPAs, or acceptable methodology for working within RPAs.  All works prescribed, both to trees and that related to construction activities shall be undertaken in strict accordance with this information. The protective measures, including fencing and ground protection, in accordance with this information shall be installed prior to any construction or groundwork commencing on the site and will remain until the development is complete.

Reason: To protect the trees on site which are to be retained 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.To ensure protection and long term viability of retained trees

(6)            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 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.  The detailed landscaping scheme identifying all existing trees, shrubs and hedges to be retained and include existing and finished levels information around retained trees has been submitted to and approved by the local planning authority in writing.  The landscape scheme will also identify new species, planting sizes, planting distances, density, numbers and provisions for the future maintenance of all new planting.

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.

(7)            No development shall take place until an Arboricultural Method Statement (detailing all aspects of construction and staging of works) and a Tree Protection Plan in accordance with British Standard 5837:2012 (or later revision) has been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the agreed details and no equipment, machinery or materials shall be brought onto the site for the purposes of the development until fencing has been erected in accordance with the Tree Protection Plan.  Within any area fenced in accordance with this condition, nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, nor shall any fires be lit, without the prior written consent of the local planning authority. The fencing shall be maintained in accordance with the approved details, until all equipment, machinery and surplus materials have been moved from the site.

Reason: To protect the trees on site which are to be retained 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.

(8)            No development shall take place until details of all boundary treatment have been submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented prior to the first occupation of the development or phased as agreed in writing by the local planning authority. The approved scheme shall thereafter be retained.

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.

(9)            All planting, seeding or turfing approved shall be carried out in the first planting and seeding season following the occupation of the development or the completion of the development, whichever is the sooner. Any trees or plants which, within a period of five years after planting, are removed, die or become seriously damaged or diseased in the opinion of the local planning authority, shall be replaced in the next available planting season with others of similar size, species and number, unless otherwise agreed in writing by the local planning authority.

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.

(10)        Works related to the construction of the development hereby permitted, including works of demolition or preparation prior to building operations shall not take place other than between the hours of 08.00 to 18.00 hours Mondays to Fridays; 08.00 to 13.00 hours Saturdays; with no work on Saturday afternoons (after 13.00 hours), Sundays, Bank Holidays or Public Holidays.

Reason: In order to safeguard the amenities of the occupiers of neighbouring properties in accordance with Policy DM10 of the Development Management Policies 2015.

(11)        No development including any works of demolition or preparation works prior to building operations shall take place on site until a Construction Transport Management Plan has been submitted to and approved in writing by the local planning authority. The approved statement shall be adhered to throughout the construction period and shall include:

(a) parking for vehicles of site personnel, operatives and visitors

(b) loading and unloading of plant and materials

(c) storage of plant and materials used in constructing the development

(d) programme of works (including measures for traffic management)

(e) provision of boundary security hoarding behind any visibility zones

(f) wheel washing facilities

(g) measures to control the emissions of dust and dirt during construction

(h) a scheme for the recycling/disposing of waste resulting from demolition and construction works

(i) hours of operation.

Reason: To ensure that the development does not prejudice the free flow of traffic and conditions of safety on the highway or cause inconvenience to other highway users in accordance with Policy CS16 of the Core Strategy (2007) and Policy DM35 of the Development Management Policies 2015.

(12)        No development shall take place until details of existing and proposed finished site levels, finished floor and roof 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.

(13)        No development shall be occupied until 24 car parking spaces have been laid out and 36 secure and covered cycle parking spaces have been provided.  Turning areas indicated shall be used and retained exclusively for its designated purposes.

Reason: In Order that the development should not prejudice highway safety nor cause inconvenience to other highway users and to accord with the provisions of policy CS16 of the Core Strategy (2007)and DM36 and DM37 of the Development Management Policies 2015.

(14)        No development shall be occupied until 6 spaces,  (with a further 6 becoming available in the future if demand warrants it),  have been fitted with fast charge sockets 7kw Mode 3 with Type 2 Connector 230v AC 32 Amp Single Phase dedicated supply.

Reason: In Order that the development should not prejudice highway safety nor cause inconvenience to other highway users and to accord with the provisions of policy CS16 of the Core Strategy (2007)and DM36 of the Development Management Policies 2015

(15)        Prior to the commencement of the development details of sustainability measures shall be submitted to and approved in writing by the local planning authority. These details shall demonstrate how the development would be efficient in the use of energy, water and materials and shall include means of providing the energy requirements of the development from renewable technologies. The development shall be carried out in strict accordance with the approved details prior to the first occupation of the building, shall be maintained as such thereafter and no change shall take place without the prior written consent of the local planning authority

Reason: To ensure that measures to make the development sustainable and efficient in the use of energy, water and materials are included in the development in accordance with Policy CS6 of the Core Strategy (2007).

(16)        The development hereby approved shall be carried out in accordance with the protection, mitigation and enhancement measures detailed in the ecological assessment and plan of implementation prior to the first occupation of the development in accordance with the approved timetable detailed in the ecological assessment and plan.  This will include bat boxes and swift bricks, sparrow terraces and other specialist habitats as required by Council Officers. The approved measures shall thereafter be maintained

Reason: To preserve and enhance biodiversity and habitats in accordance with Policy CS3 of the Core Strategy (2007) and Policy DM4 of the Development Management Policies 2015.

(17)        No external lighting shall be installed on the site or affixed to any buildings except the two main residential blocks or placed within the site unless the local planning authority has first approved in writing details of the position, height, design, measures to control light spillage and intensity of illumination. Only the approved details shall be installed.

Reason: In order to safeguard the amenities of the occupiers of neighbouring properties and visual amenity in accordance with Policy CS5 of the Core Strategy (2007) and Policies DM9 and DM10 of the Development Management Policies 2015.

(18)        No development shall take place until a strategy of surface water drainage for the site using a Sustainable Drainage System (SuDS) has been submitted to and approved in writing by the local planning authority.  The approved development shall be implemented in accordance with the approved strategy prior to the first occupation of the building and thereafter retained in that condition.

Reason: To ensure that the principles of sustainable drainage are incorporated into the development and to reduce the impact of flooding in accordance with Policy CS6 of the Epsom and Ewell Core Strategy (2007) and Policy DM19 of the Development Management Policies 2015.

(19)        No building hereby permitted shall be occupied until the sustainable drainage scheme for the site has been completed in accordance with the submitted details. The sustainable drainage scheme shall be managed and maintained thereafter in accordance with the agreed management and maintenance plan.

Reason: To prevent an increased risk of flooding and to prevent pollution of the water environment in accordance with Policy CS6 of the Epsom and Ewell Core Strategy (2007) and Policy DM19 of the Development Management Policies 2015.

(20)        No development shall take place until details for the storage and collection of waste on the premises, including the design and position of storage facilities for bins, recycling and the method of waste collection and disposal have been submitted to and approved in writing by the local planning authority.  The approved details shall be implemented prior to the first occupation of the development and thereafter maintained for the duration of the development.

Reason: In the interests of residential and visual amenity, and to encourage waste minimisation and recycling of domestic refuse, in the interests of sustainable development in accordance with Policies CS5 and CS6 of the Core Strategy (2007) and Policy DM10 and DM12 of the Development Management Policies 2015.

(21)        No development shall take place until a written Waste Minimisation Statement, confirming how demolition and construction waste will be recovered and reused on site or at other sites has been submitted to and approved in writing by the local planning authority. The measures shall be implemented in strict accordance with the approved details.

Reason: To ensure that the development would include the re-use of limited resources, to ensure that the amount of waste to landfill is reduced in accordance with Policy CS6 of the Core Strategy (2007).

(22)        The development hereby permitted shall not be occupied, until details of the hard surfaced areas shall be submitted to and approved in writing by the local planning authority.  Such details shall show that the hard surface will be porous or permeable, or shall direct surface water to a porous or permeable surface within the site.  The development shall be carried out fully in accordance with the approved details and so maintained.

Reason: To reduce surface water run-off from the site in line with Policy CS6 of the Core Strategy (July 2007) and Policy DM10 of the Development Management Policies 2015.

(23)        No development shall take place until a scheme for the suitable treatment of all plant and machinery/air handling equipment against the transition of sound and/or vibration to the residential dwellings has been submitted to and approved in writing by the local planning authority. The measures shall be implemented in strict accordance with the approved details prior to the occupation of the development and thereafter retained as such.

Reason: To protect the occupants of nearby residential properties from noise disturbance in accordance with Policy DM10 of the Development Management Policies 2015

(24)        The main flat roof of both residential blocks hereby permitted shall not be converted or used as a balcony or a sitting out area, and no access shall be gained except for maintenance purposes.

Reason: To protect the amenities and privacy of the adjoining residential properties in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Development Management Policies Document Adopted October 2015.

(25)        Prior to occupation of the development all details of the residential balconies including privacy screening be submitted to the Local Planning Authority for consideration and approval and then implemented in accordance with the approved details.

Reason: To protect the amenities and privacy of the adjoining residential properties in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Development Management Policies Document Adopted October 2015.

(26)        Prior to the occupation of the development, the existing eastern most access shall be provided with a sign stating entry facing the carriageway (on the other side the sign shall state no exit) and the western most access shall be provided with a sign stating exit facing the development (on the other side if the sign it shall state no entry) in accordance with a plan and details to be submitted to, and agreed in writing with the local planning authority.  The signage shall be retained in perpetuity.

Reason: The above condition is required in order that the development should not prejudice highway safety, nor cause inconvenience to other highway users, and to accord with the National Planning Policy Framework 2012 and Core Strategy Policy CS16 of the Epsom & Ewell Core Strategy.

Informatives:

(1)            Your attention is drawn to the need to comply with the relevant provisions of the Building Regulations, the Building Acts and other related legislation.  These cover such works as  - the demolition of existing buildings, the erection of a new building or structure, the extension or alteration to a building, change of use of buildings, installation of services, underpinning works, and fire safety/means of escape works.  Notice of intention to demolish existing buildings must be given to the Council's Building Control Service at least 6 weeks before work starts.  A completed application form together with detailed plans must be submitted for approval before any building work is commenced.

If you need any advice regarding Building Regulations please do not hesitate to contact Epsom & Ewell Borough Council Building Control on 01372 732000 or contactus@epsom-ewell.gov.uk.

(2)            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.

(3)            The applicant is advised to contact Epsom and Ewell Borough Council at an early stage to discuss naming and numbering of the development on 01372 732000. For further information see http://www.epsom-ewell.gov.uk

(4)            This form of development is considered liable for the Community Infrastructure Levy (CIL).  CIL is a non-negotiable charge on new developments which involve the creation of 100 square metres or more of gross internal floorspace or involve the creation of a new dwelling, even when this is below 100 square metres. The levy is a standardised, non-negotiable charge expressed as pounds per square metre, and are charged on the net additional floorspace generated by a development.  You will receive more information regarding the CIL in due course.  More information and the charging schedule are available online http://www.epsom-ewell.gov.uk.

(5)            The developer is reminded that it is an offence to allow materials to be carried from the site and deposited on or damage the highway from un-cleaned wheels or badly loaded vehicles. The Highway Authority will seek, wherever possible, to recover any expenses incurred in clearing, cleaning or repairing highway surfaces and prosecutes persistent offenders. (Highways Act 1980 Sections 131, 148, 149).

(6)            Section 59 of the Highways Act permits the Highway Authority to charge developers for damage caused by excessive weight and movements of vehicles to and from a site. The Highway Authority will pass on the cost of any excess repairs compared to normal maintenance costs to the applicant/organisation responsible for the damage

The Committee noted a verbal representation from the applicant.  Letters of representation had been published on Council’s website and were available to the public and members of the Committee in advance in the meeting.

Supporting documents: