46 24/01462/FUL - 9 And 10 Kirby Close, Ewell KT19 0PW PDF 579 KB
Demolition of existing dwellings and construction of 4 x 3 bed residential dwellings with associated parking and landscaping.
Minutes:
Description:
Demolition of existing dwellings and construction of 4 x 3 bed residential dwellings with associated parking and landscaping.
Officer Recommendation:
Refusal.
Officer Presentation:
The Committee received a presentation on the application from the Planning Development and Enforcement Manager.
Public Speaking:
The Ward Councillor who called in the application spoke.
Decision:
Following consideration, Councillor Dallen proposed a motion to add an additional reason for refusal, alongside the reason set out in the report;
‘Due to the excessive two storey form and the overall mass in bulk and scale, the proposed development results in unacceptable harm to the wider character and street scene of Kirby Close, contrary to section 12 of the National Planning Policy Framework 2024, Policy CS5 of the Core Strategy 2007, and Policies DM10 and DM11 of the Development Management Policies Document 2015,’
The proposal was seconded by Councillor Neale.
The Committee voted (4 for, 5 against, and the Chair not voting) and the motion was lost.
Following further consideration, the Chair, Councillor McCormick, proposed a motion that the Officer recommendation be agreed.
The proposal was seconded by the Vice Chair, Councillor Woodbridge.
The Committee resolved (5 for, 4 against, and the Chair not voting) to;
REFUSE planning permission for the following reason:
1) Harm to Protected Species
The submitted preliminary ecological assessment has concluded that the existing dwellings offer habitat value for bats, necessitating the submission of a Phase II bat survey. In the absence of such information, it has not been satisfactorily demonstrated that the proposal would not have an adverse impact on protected species that may be occupying the site, to which the mitigation measures do not adequately compensate.
The proposal is therefore contrary to Policies CS1 and CS3 of the Core Strategy 2007, Policy DM4 of the Development Management Policies Document 2015, Section 15 of the National Planning Policy Framework 2023 and Regulation 9(3) of the Conservation of Habitats and Species Regulations 2017 to protect species identified under Schedule 5 of the Wildlife and Countryside Act 1981 and Schedule 2 of the Conservation of Habitats and Species Regulations 2017.
Informatives
1) Refused Plans
This decision is in relation to the plans numbered 0002 Rev P2, 0003 Rev P2 and 3000 Rev P2, received by the local planning authority on 3 December 2024 and plans numbered 3001 Rev P1, 3100 Rev P1, 3101 Rev P1, 3200 Rev P1, 3201 Rev P1, 3202 Rev P1, received by the local planning authority on 18 November 2024.
2) 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 ... view the full minutes text for item 46