Agenda item

Subdivision of existing property and erection of new build 4 bedroom dwelling house.

Description

Subdivision of existing property and erection of new build 4 bedroom dwelling house.

Decision

Planning permission is PERMITTED, subject to the following conditions:

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(1) 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:

SM2 7JS Drawing No. 1001 – Proposed Site Plan

SM2 7JS Drawing No. 1002 – Proposed Site Ground Plan

SM2 7JS Drawing No. 1003 – Proposed Site Section

SM2 7JS Drawing No. 1004 – Proposed Ground Floor Block Plan

SM2 7JS Drawing No. 1005 – Proposed Ground Floor Block Plan

SM2 7JS Drawing No. 1006 – Proposed Basement Floor Plan

SM2 7JS Drawing No. 1007 – Proposed Ground Floor Plan

SM2 7JS Drawing No. 1008 – Proposed Mezzanine Floor Plan

SM2 7JS Drawing No. 1009 – Proposed Roof Plan

SM2 7JS Drawing No. 1010 – Proposed Section AA

SM2 7JS Drawing No. 1011 – Proposed Section BB

SM2 7JS Drawing No. 1012 – Proposed Section CC

SM2 7JS Drawing No. 1013 – Proposed Front Elevation

SM2 7JS Drawing No. 1014 – Proposed Rear Elevation

SM2 7JS Drawing No. 1015 – Proposed 01 Side Elevation

SM2 7JS Drawing No. 1016 – Proposed 02 Side Elevation

SM2 7JS Drawing No. 1017 – Proposed Details

SM2 7JS Drawing No. 1018 – Proposed 3D Axo 01

SM2 7JS Drawing No. 1019 – Proposed 3D Axo 02

SM2 7JS Drawing No. 1020 – Proposed Visual

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 occupation of the development, details and samples of the external materials to be used for the development, including roofing detail of low reflectivity, 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 part of the development shall be first occupied until the proposed vehicular access has been constructed and provided with visibility zones in accordance with the approved plans and thereafter the visibility zones shall be kept permanently clear of any obstruction over 0.6m high.

Reason & Policy: 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 2018 and DM 35 Transport and New Development of the Epsom and Ewell Borough Council Development Management Policies Document September 2015.

(5)            No development shall commence until a Construction Transport Management Plan has been submitted to and approved in writing by the Local planning Authority. The plan must include details of:

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

(b) loading and unloading of plant and materials

(c) storage of plant and materials

(d) provision of boundary hoarding behind any visibility zones

has been submitted to and approved in writing by the Local Planning Authority. Only the approved details shall be implemented during the construction of the development.

Reason & Policy: 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 2018 and DM 35 Transport and New Development of the Epsom and Ewell Borough Council Development Management Policies Document September 2015.

(6)            Before any of the operations hereby approved are started on site, a pedestrian inter-visibility splay of 2m by 2m shall be provided on the east side of the access, the depth measured from the back of the footway (or verge) and the widths outwards from the edges of the access. No fence, wall or other obstruction to visibility between 0.6m and 2m in height above ground level shall be erected within the area of such splays.

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 2018 and DM 35 Transport and New Development of the Epsom and Ewell Borough Council Development Management Policies Document September 2015.

(7)            The garage or car parking accommodation shown upon the approved drawings shall be provided with a hard bound dust free surface, adequately drained before the development to which it relates is occupied and thereafter it shall be kept free from obstruction at all times for use by the occupier of the development and shall not thereafter be used for any purposes other than the parking of vehicles for the occupiers of the development and visitors to it.

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.

(8)            Notwithstanding the provisions of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting this Order) no extensions (including porches or dormer windows) to the dwelling houses or buildings shall be erected within the curtilage.

Reason: To safeguard the privacy and amenity of adjoining occupiers, maintain adequate amenity space and safeguard the cohesive appearance of the development in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Development Management Policies Document Adopted October 2015.

(9)            Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting this Order) no windows or other openings (other than those hereby approved) shall be formed in the side walls of the building hereby approved without the prior written consent of the Local Planning Authority.

Reason: To protect the amenities and privacy of the occupiers 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.

(10)        Before any occupation of the development hereby permitted, window/s on the side and rear elevations, shall be constructed so that no part of the framework less than 1.7m above finished floor level shall be openable. Any part below that level shall be fitted with, and retained in, obscure glazing of a patterned type only which shall thereafter be retained as such. Obscure glazed windows should be obscured to minimum of level 3 of the Pilkington Scale. The use of any type of film or material affixed to clear glass is not acceptable for the purposes of this Condition.

Reason: To protect the amenities and privacy of the occupiers 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.

(11)        Unless otherwise agreed in writing by the Local Planning Authority, the balcony/terrace(s) hereby approved shall not be used for amenity purposes until a privacy screen has been affixed around the entirety of the [east, west] side(s) of the balcony/terrace to a height of 1.7m as measured from the floor level of the balcony/terrace. Aside from essential fixings, the screen(s) shall be constructed entirely of, and retained in, obscured glazing to a minimum of level 3 on the standard scale. Any film used to achieve the requisite obscurity level shall be non-perishable and tamper-proof, and must be replaced in the event that it ceases to result in obscurity to level 3.

Reason: To protect the amenities and privacy of the occupiers 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.

(12)        The residential unit hereby approved shall not be occupied until they have achieved a water efficiency standard using not more than 110 litres per person per day maximum indoor water consumption.

Reason: To ensure that the development is sustainable and makes efficient use of water to comply with Policy DM12 of the Development Management Policies (2015).

(13)        No development shall take place until details of the implementation, adoption, maintenance and management of a sustainable drainage system have been submitted to and approved in writing by the local planning authority. The system shall be implemented and thereafter managed and maintained in accordance with the approved details. Those details shall include a timetable for its implementation, and a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the effective operation of the sustainable drainage system throughout its lifetime.

Reason: These details are required prior to commencement of development because the details would affect the subsequent design of other elements of the scheme and must be agreed at the outset and to prevent the increased risk of flooding in accordance with Policy CS6 (Sustainable Development) of the LDF Development Management Policies Document Adopted October 2015.

(14)        The proposed development should not be commenced until the applicant has submitted an FRA (Flood Risk Assessment) which demonstrates that finished floor levels will be set 300mm above the 1% AEP plus 35% climate change flood level or alternative flood mitigation measures that have been submitted and agreed in writing by the Local Authority in consultation with the Environment Agency.

Reason: To reduce the impact of flooding both to and from the proposed development and third parties in accordance with Policy CS6 of the Epsom and Ewell Core Strategy (2007).

(15)        The development shall not be occupied until there has been submitted to and approved in writing by the Local Planning Authority a scheme of hard and soft landscaping, including the treatment of boundaries and means of enclosure. Such scheme shall include the location of all existing trees and hedgerows on the site and details of those to be retained. The approved scheme (with the exception of planting, seeding and turfing) shall be implemented prior to the occupation of the buildings hereby approved. 

Reason: In the interests of visual amenity and also that the Local Planning Authority shall be satisfied as to the details of the development in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Development Management Policies Document Adopted October 2015.

(16)        No new development shall be occupied until space has been laid out within the site in accordance with the approved plans for a minimum of 2 cars to be parked. The parking areas shall be used and retained exclusively for its designated use.

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

(17)        All planting, seeding or turfing shall be carried out in the first planting and seeding seasons following occupation of the buildings or completion of the development, whichever is the sooner; any trees or plants which, within a period of 5 years from the completion of the landscaping die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

Reason: To ensure that these works are properly implemented and maintained and in the interest of visual amenity in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Development Management Policies Document Adopted October 2015.

(18)        Bat, swift bricks and bird boxes are to be installed on the dwelling, to enhance the biodiversity interest of the site. The boxes shall be installed prior to the occupation of the development hereby approved and thereafter maintained.

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

          Informatives:

(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.

(2)            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.

(3)            You have been granted planning permission to build a residential extension.  When undertaking demolition and/or building work, please be considerate to your neighbours and do not undertake work before 8am or after 6pm Monday to Friday, before 8am or after 1pm on a Saturday or at any time on Sundays or Bank Holidays.  Furthermore, please ensure that all vehicles associated with the construction of the development hereby approved are properly washed and cleaned to prevent the passage of mud and dirt onto the adjoining highway. You are advised that the Council does have formal powers to control noise and nuisance under The Control of Pollution Act 1974, the Clean Air Acts and other relevant legislation.  For further information and advice, please contact - Environmental Health Department Pollution Section.

(4)            The Party Wall Act 1996 requires a building owner to notify, and obtain formal agreement from, any adjoining owner, where the building owner proposes to:

•         carry out work to an existing party wall;

•         build on the boundary with a neighbouring property;

•         in some circumstances, carry out groundwork’s within 6 metres of an adjoining building.

(5)            Notification and agreements under this Act are the responsibility of the building owner and are quite separate from Building Regulations, or Planning Controls.  The Building Control Service will assume that an applicant has obtained any necessary agreements with the adjoining owner, and nothing said or implied by the Council should be taken as removing the necessity for the building owner to comply fully with the Party Wall Act. Further information and advice is to be found in “The Party Walls etc. Act 1996 - Explanatory Booklet”.

(6)            The permission hereby granted shall not be construed as authority to carry out any works on the highway. The applicant is advised that prior approval must be obtained from the Highway Authority before any works are carried out on any footway, footpath, carriageway, or verge to form a vehicle crossover to install dropped kerbs. www.surreycc.gov.uk/roads-and-transport/road-permits-and-licences/vehicle-crossovers-or-dropped-kerbs

(7)            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).

(8)            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

(9)            The applicant is advised that as part of the detailed design of the highway works required by the above conditions, the County Highway Authority may require necessary accommodation works to guard rails, street lights, road signs, road markings, highway drainage, surface covers, street trees, highway verges, highway surfaces, surface edge restraints and any other street furniture/equipment.

The Committee noted a verbal representation from a Ward Councillor, an objector of the application and the agent.  Letters of representation had been published on the Council’s website and were available to the public and members of the Committee in advance of the meeting.

Note:  In the interests of openness and transparency, it was noted that Councillors Arthur, Beckett, Dallen, Mason, Olney,  Reeve, Smitheram, Teasdale and Wormington were known to the objector of the application through their association with the Residents Association.