Decision details

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

Description:

Extension and conversion of redundant upper floor office space to build 1 x 4-bed flat and 4 x studio flats.

Officer Recommendation:

To grant planning permission subject to conditions and informatives.

Public Speaking:

The Applicant spoke in favour of the application.

Decision:

Following consideration, Councillor Steven McCormick proposed that a condition be added requiring timber framed windows on the side elevation of the building, consistent with the design and character of those on the front elevation.

The proposal was seconded by Councillor Bernie Muir.

The Committee voted unanimously in favour of the proposal.

Following consideration, Councillor Neil Dallen proposed that the application be refused for the following reasons:

a)            Substantial harm to the Epsom Town Centre Conservation Area.

b)            Pedestrian and vehicular safety arising from likelihood of parking and deliveries on High Street.

c)            Inadequate and unsatisfactory refuse storage capacity and collection arrangements.

d)            Non-compliance with internal space standards for Flats 2, 3 and 4.

The proposal was seconded by Councillor Phil Neale.

The Committee voted (3 For, 5 Against, and the Chair not voting) against the proposal.

Following consideration, the Committee resolved (5 for, 3 against, and the Chair not voting) to:

Grant planning permission subject to the following conditions and informatives:

Conditions:

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

Reason: To comply with Section 91 of the Town and Country Planning Act 1990 (as amended).

(2)          Approved Plans: Unless otherwise agreed in writing by the local planning authority, the development hereby permitted shall be carried out in accordance with the following approved plans:

(1)          Location and Block Plan numbered 969-A010A, dated 11 December 2020

(2)          Floor Plans numbered 969-A101F and 969-A102C (dated 19 August 2022), 969-A1919F (dated 14 July 2022), 969-A201L and 969-A301N and 969-A501K (dated 13 July 2023), 969-A401M (dated 18 July 2022)

(3)          Elevations numbered 969-701C and 969-A721F (dated 23 June 2023), 969-A711H (dated 19 July 2022), 969-A801C (dated 18 August 2022), 969-A802A (dated 10 June 2022) and 969-A506B (dated 23 June 2022)

Reason: For 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)          Construction Management Plan: Before development is commenced, a scheme shall be submitted to and approved in writing by the Local Planning Authority making provision for a Construction Method Statement to control the adverse impact of the Development on the amenity of the public and nearby occupiers. The Construction Method statement shall include details of:

a)            parking of vehicles of site personnel and visitors;

b)            storage of plant and materials;

c)            measures for minimising the impact of noise and, if appropriate, vibration arising from construction activities;

d)            predicted noise and, if appropriate, vibration levels for construction using methodologies and at points agreed with the Local Planning Authority;

e)            scheme for monitoring noise and if appropriate, vibration levels using methodologies and at points agreed with the Local Planning Authorities;

f)             siting and design of temporary buildings;

g)            scheme for security fencing/hoardings, depicting a readily visible 24-hour contact number for queries or emergencies;

h)            details of disposal of waste arising from the construction programme, including final disposal points. The burning of waste on the site at any time is specifically precluded;

i)             Arrangements for deliveries, including routing, drop off locations and timing;

j)             Routing of deliveries from the drop off point to the site;

k)            Measures to protect pedestrian flows and safety along the public footpath.

The development shall be carried out in accordance with the approved scheme and statement.

Reason: To ensure a satisfactory management of construction and deliveries in accordance with Policy CS16 of the Core Strategy 2007.

(4)          Materials: Prior to the commencement of the development hereby permitted, details of the materials to be used in the construction of the external surfaces of the extension (including but not limited to the green roof and green wall, doors, windows and bricks (bricks should be laid in English bond)) shall be submitted to and approved in writing by the local planning authority. The development is to be undertaken in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

Reason: To ensure a satisfactory external appearance in accordance with Policy CS5 of the Core Strategy 2007 and Policies DM9 and DM10 of the Development Management Policies Document 2015.

(5)          Cycle Parking: Prior to the occupation of the development hereby permitted, final details of the cycle parking shall be submitted to and approved on writing by the local planning authority. The approved details shall be implemented prior occupation of the development and the storage shall thereafter be used for no purpose other than the parking of bicycles.

Reason: To ensure that the development does not prejudice highway safety or cause inconvenience to other highway users in accordance with Policy CS16 of the Core Strategy 2007 and Policies DM35 and DM37 of the Development Management Policies 2015.

(6)          Compliance with the Ecology Report: The development hereby permitted shall not be occupied until the biodiversity measures as outlined in Section 4 of the Ecology Report (Crossman Associates, ref: C1186.001 Issue 1, dated 6 June 2022) have been implemented in full. Thereafter, the measures are to be maintained for the life of the development.

Reason: To provide biodiversity benefits in accordance with Section 15 of the NPPF, Policy CS3 of the Core Strategy 2007 and Policies DM4 of the Development Management Policies 2015.

(7)          Compliance with the Drainage Report: The development hereby permitted shall not be occupied until the sustainable drainage measures as outlined in Section 5 of the Drainage Strategy (Urban Water, ref: 236 -Rev - V1) have been implemented in full. Thereafter, the drainage and management of the drainage measures are to be maintained for the life of the development.

Reason: To ensure the development does not increase flood risk on or off site and is maintained for the lifetime of the development in accordance with Section 15 of the NPPF, Policy CS6 of the Core Strategy 2007 and Policy DM19 of the Development Management Policies 2015.

(8)          Triple glazing: The development hereby permitted shall not be occupied until the rear openings, including windows and doors are fitted with triple glazing, and maintained thereafter for the life of the development.

Reason: To provide noise attenuation in accordance with paragraphs 130 and 157 of the NPPF, Policy CS6 of the Core Strategy 2007 and Policies DM10 and DM12 of the Development Management Policies 2015.

(9)          Obscure Glazing: Prior to the occupation of the development hereby permitted, the western side of the third floor rear terrace is to be fixed with a privacy screen to 1.7m in height above finished floor level, either solid in form or glazed with obscure glass of no less than obscurity level and shall thereafter be permanently retained as such.

Reason: To safeguard the privacy of the occupants of adjoining properties in accordance with Policy DM10 of the Development Management Policies 2015.

(10)       Provision of Bin Storage: The development hereby permitted shall not be occupied until the bin storage has been provided in accordance with the approved plans. The storage shall thereafter be used for no purpose other than the storage of bins.

Reason: To ensure that the development provides sufficient bin storage and to ensure the safe and effective storage and collection of refuse and recycling in accordance with Policy CS5 and CS6 of the Core Strategy 2007.

(11)       No Large HMO: The permission does not allow for the use of the 4-bed unit to be occupied as a large House of Multiple Occupation (ie more than six occupants).

Reason: To protect the character of the area in accordance with Policy DM10 of the Development Management Policies 2015.

(12)       Timber Window Frames: Prior to occupation of the building, all windows to the front and northern side elevation of the building shall comprise timber frames, consistent with the design and character of those on the front elevation.

Reason: To ensure a satisfactory external appearance in accordance with Policy CS5 of the Core Strategy 2007 and Policies DM9 and DM10 of the Development Management Policies Document 2015.

Informatives:

(1)          Refuse and Recycling Collection: It will not be appropriate to collect bins from the High Street, due to the location clashing with a significant, busy traffic junction that would be unacceptably impacted by a waiting bin collection vehicle. Therefore, the collection vehicle would have to park behind the property (accessed via the roadway past the NCP Ebbisham Car Park).

(2)          Materials: 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 Sections 131, 148, 149).

(3)          Damage: 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.

(4)          Public Obstruction: 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.

(5)          Positive and Proactive Discussion: 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.

(6)          Building Control: 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.

(7)          Working Hours: When undertaking 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.

(8)          Party Wall Agreement: 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 or in some circumstances, carry out groundwork’s 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.

(9)          Protected Species: The applicant is reminded that it is an offence to disturb protected species under the Wildlife and Countryside Act 1981. Should a protected species be found during the course of the works, the applicant should stop work and contact Natural England for further advice on 0845 600 3078.

(10)       Archaeological Artifacts: In the event of any archaeological artifacts are found on site during the construction phase, the applicant is advised to stop work and contact the SCC Archaeology Team for further advice on 0345 600 9009.

(11)       Changes to the Approved Plans: Should there be any change from the approved drawings during the build of the development, this may require a fresh planning application if the changes differ materially from the approved details. Non-material changes may be formalised by way of an application under s.96A Town and Country Planning Act 1990.