Agenda item

Change of use to dual use Office (Use Class E (g)(i)) and Education (Use Class F1(a)) and associated works.

The Committee received a presentation on the application from the Principal Planning Officer.

Description:

Change of use to dual use Office (Use Class E (g)(i)) and Education (Use Class F1(a)) and associated works.

Officer Recommendation:

To grant planning permission subject to conditions and informatives.

Public Speaking:

The Agent Spoke in favour of the application.

Decision:

Following consideration, the Committee unanimously resolved to:

Grant planning permission subject to the following conditions and informatives:

Conditions:

(1)          The development hereby permitted shall begin 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:

630439.01 – Site Location Plan

630439.02 - Existing Site Plan

630439.04 – Existing Lower Car Park Plan

630439.06 - Existing Upper Car Park Plan

630439.08 - Existing Ground Floor Plan

630439.10 - Existing First Floor Plan

630439.12 – Existing Second Floor Plan

630439.14 – Existing Elevation 1

630439.16.17 – Existing Elevation 2 and 3

630439.20 – Existing Elevation 4

630439.03 – Proposed Site Plan

630439.05 – Proposed Lower Car-Park

630439.07 – Proposed Upper Car-Park

630439.09 – Proposed Ground Floor Plan

630439.11 – Proposed First Floor Plan

630439.13 – Proposed Second Floor Plan

630439.15 – Proposed Elevation 1

630439.18.19 - Proposed Elevation 2 and 3

630439.21 – Proposed Elevation 4

Reason: For avoidance of doubt and in the interests of proper planning 4.

(3)          The dual Office (Class E (g)(i)) and Education (Class F1(a)) hereby permitted, under Class V of Part 3 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 (as amended), shall be limited for a period of 10 years from the date of this decision. The use of the building at the time of the expiry of the 10-year period shall become the established use of the building. Any further change of use after that period shall require a further planning permission.

Reason: In order to provide greater flexibility to the use of the building and to clarify the lawful uses hereby permitted and to clarify the criteria relating to this permission

(4)          Works related to the construction of the development hereby permitted, including works of 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

(5)          (a) The development hereby approved shall not be occupied unless and until space has been laid out within the site in accordance with the approved plans by the Local Planning Authority for vehicles to be parked and for vehicles to turn so that they may enter and leave the site in forward gear. Thereafter the parking areas shall be retained and maintained for their designated purposes

(b) The existing vehicle parking (and turning) area at the premises (as shown on the existing site plan, the existing upper car park and the existing lower car park (dated 04 May 2023) shall be permanently retained and maintained for their designated purpose

Reason: In order that the development does not prejudice highway safety nor cause inconvenience to other highway users namely pedestrians and cyclists and to satisfy policies DM35, DM36 and DM37 of the Epsom & Ewell Borough Council Development Management Policies Document (2015)

(6)          The development hereby approved shall not be occupied unless and until at least 23 car parkingspaces are provided with a fast-charge Electric Vehicle charging point (current minimumrequirements - 7 kw Mode 3 with Type 2 connector - 230v AC 32 Amp single phase dedicated supply) in accordance with the approved proposal by the Local Planning Authority.

Reason: In recognition of Section 9 "Promoting Sustainable Transport" of the NPPF (2021) and to accord with Policy DM36 (Sustainable Transport for New Development) of the Epsom & Ewell Borough Council Development Management Policies Document (2015)

(7)          The development hereby approved shall not be occupied unless and until space has been laid out within the site in accordance with the approved plans by the Local Planning Authority for the secure parking of bicycles. All cycle parking should be secure, covered and lit. Thereafter the parking areas shall be retained and maintained to the satisfaction of the Local Planning Authority. Furthermore, an Electric Charging Point nearby to any bicycle parking to increase the take up of electric bicycles and to be in line with recent SCC parking guidance released in February 2023 shall be installed prior to first occupation and maintained thereafter.

Reason: In recognition of Section 9 "Promoting Sustainable Transport" of the NPPF (2021) and to accord with Policy DM36 (Sustainable Transport for New Development) of the Epsom & Ewell Borough Council Development Management Policies Document (2015)

(8)          The development shall accord with the Flood Risk Assessment, Lustre, dated April 2023, including its mitigation measures and recommendations, for the entirety of the development.

Reason: To prevent an increased risk of flooding, to prevent pollution of the water environment and to ensure principles of sustainable drainage are incorporated into the development in accordance with Policy CS6 of the Epsom and Ewell Core Strategy (2007) and Policy DM19 of the Development Management Policies 2015

(9)          On collection days, refused and recycling bins serving the development must be sited for collection within six metres of the vehicular entrance.

Reason: In the interests of residential and visual amenity, and to encourage waste minimisation and recycling of refuse, in the interests of sustainable development in accordance with Policies CS5 and CS6 of the Core Strategy (2007), Policy DM10 and DM12 of the Development Management Policies 2015 and ‘Guidance on the storage and collection of household waste’ (dated November 2018)

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)          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 and in some circumstances, carry out groundworks within 6 metres of an adjoining building.

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.

(4)          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 uncleaned 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).

(5)          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.

(6)          The applicant is expected to ensure the safe operation of all construction traffic to prevent unnecessary disturbance obstruction and inconvenience to other highway users. Care should be taken to ensure that the waiting, parking, loading and unloading of construction vehicles does not hinder the free flow of any carriageway, footway, bridleway, footpath, cycle route, right of way or private driveway or entrance. The developer is also expected to require their contractors to sign up to the "Considerate Constructors Scheme" Code of Practice, (www.ccscheme.org.uk) and to follow this throughout the period of construction within the site, and within adjacent areas such as on the adjoining public highway and other areas of public realm.

(7)          The permission hereby granted shall not be construed as authority to obstruct the public highway by the erection of scaffolding, hoarding or any other device or apparatus for which a licence must be sought from the Highway Authority Local Highways Service.

(8)          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 street lights, road signs, road markings, highway drainage, surface covers, street trees, highway.