Agenda and draft minutes

To receive declarations of any Disclosable Pecuniary Interests or other registrable or non-registrable interests from Members in respect of any item to be considered at the meeting.

24/00445/FUL - 9 And 10 Kirby Close, Ewell KT19 0PW

Councillor Kate Chinn, Other Interest: In the interest of openness and transparency, Councillor Kate Chinn wished to state that she had received an email in support of Item 3 from the agent.

24/00605/REM - 45 Upper High Street Epsom Surrey KT17 4RA

Councillor Neil Dallen, Other Interest: Councillor Neil Dallen wished to declare that he currently lived in a property located on the Upper High Street. He stated that it was a non-pecuniary interest and that he maintained an open mind.

The erection of a roof extension to provide 11 residential units (3 x 1-bed, 4 x 2-bed and 4 x 3-bed) and associated works.

Description:

The erection of a roof extension to provide 11 residential units (3 x 1-bed, 4 x 2-bed and 4 x 3-bed) and associated works.

Officer Recommendation:

Approval, subject to conditions, informatives, and S106 legal agreement.

Officer Presentation:

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

Public Speaking:

The Agent spoke in support of the application.

Decision:

Following consideration, Councillor Neil Dallen proposed a motion that the Officer recommendation be amended by way of an additional informative, as follows:

The site lies adjacent to the Former Gasworks site and its associated ground contamination which should be taken into account during the construction and operational phases of the development.

The proposal was seconded by Councillor Jan Mason.

Subsequently, the Committee voted (8 for, 1 abstaining) in favour of the motion.

Following further consideration, Councillor Dallen proposed a motion that the Officer recommendation be amended by way of an additional informative, as follows:

The applicant is requested to allocate at least one parking space to each flat, taking into account the scale of accommodation within each flat.

The proposal was seconded by Councillor Jan Mason.

Subsequently, the Committee voted (4 for, 4 against, 1 abstaining, and the Chair exercising his casting vote in favour of the motion) in favour of the motion.

Following further consideration, Councillor Neil Dallen proposed a motion to approve the Officer recommendation, subject to the agreed amendments. The proposal was seconded by Councillor Phil Neale.

Subsequently, the Committee resolved (8 for, and the Chair not voting) to:

GRANT planning permission subject to a S106 Legal Agreement with the following Heads of Terms:

a)            The delivery of 2 affordable rented units in a mix of 1 no. one bed and 1 no. three bedroom units.

b)           Securing a 23% biodiversity net gain

And the following conditions and informatives.

If the Section 106 Agreement referred to in Part A is not completed by 18 January 2025, the Head of Place Development 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 to secure policy compliant affordable housing, the applicant has failed to comply with Policy SC9 of the Core Strategy 2007.”

Conditions:

(1)          Time Limit

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)          Approved Details

The development hereby permitted shall be carried out in accordance with the following approved plans and reports:

Drawing Number BUN_SB_EX_AL _010 P1

Drawing Number BUN _SB_PR _AL _050 P4

Drawing Number BUN _SB_PR _AL _100 P5

Drawing Number BUN _SB_PR _AL _110 P5

Drawing Number BUN _SB_PR _AL _120 P8

Drawing Number BUN _SB_PR _AL _130 P8

Drawing Number BUN _SB_PR _AL _140 P5

Drawing Number BUN _SB_PR _AL _300 P4

Drawing  ...  view the full minutes text for item 16.

Permission in Principle application for two semi-detached pairs of 4 x 3 bed dwellings with associated parking and landscaping following demolition of two existing detached bungalows.

Description:

Permission in Principle application for two semi-detached pairs of 4 x 3-bed dwellings with associated parking and landscaping following demolition of two existing detached bungalows.

Officer Recommendation:

Approval, subject to guidance.

Officer Presentation:

The Committee received a presentation on the application from the Planning Development and Enforcement Manager.

Public Speaking:

A member of the public spoke in objection to the application.

The Councillor who called-in the application spoke on the application.

Decision:

Following consideration, Councillor Chris Watson proposed a motion that the Officer recommendation be amended by way of additional guidance, as follows:

The development should take cues from the architectural character of the other dwellings in the street including bay windows and fenestration.

Councillor Jan Mason seconded the proposal.

Subsequently, the Committee voted (5 for, 1 against, 2 abstaining, and the Chair not voting) in favour of the motion.

Following further consideration, Councillor Neil Dallen proposed a motion that the application be deferred to a future meeting of the Committee to allow time for a Member site visit to be conducted. The proposal did not receive a seconder and consequently the motion was lost.

Following further consideration, Councillor Julian Freeman proposed a motion to approve the Officer recommendation, subject to the agreed amendment. The proposal was seconded by Councillor Kate Chinn.

Subsequently, the Committee voted (4 for, 4 against, the Chair not voting initially, and proceeding to exercise his casting vote against the motion) against the motion, and the motion was lost.

Following further consideration, Councillor Phil Neale proposed a motion to refuse the application for the following reason:

            Excessive Density for the Site

The proposed development would not maintain the visual character and appearance of the wider townscape. contrary to Policy DM11 of the Development Management Policies Document 2015.

The proposal was seconded by Councillor Neil Dallen.

Subsequently, the Committee resolved (4 for, 3 against, 1 abstaining, and the Chair not voting) to:

REFUSE the application, for the following reason:

Excessive Density for the Site

The proposed development would not maintain the visual character and appearance of the wider townscape, contrary to Policy DM11 of the Development Management Policies Document 2015.

Variation of Condition 6 (Opening Hours) of planning permission 19/00826/FUL to allow for extended hours of opening.

Description:

Variation of Condition 6 (Opening Hours) of planning permission 19/00826/FUL to allow for extended hours of opening.

Officer Recommendation:

Approval, subject to variation of conditions.

Officer Presentation:

The Committee received a presentation on the application from the Planning Development and Enforcement Manager.

Public Speaking:

The Chair stated that he had received notice from the Councillor who had called-in the application that they were unable to attend the meeting. The Chair explained that they had provided him a written statement on the application. The Chair read out their statement.

Decision:

Following consideration, Councillor Phil Neale proposed a motion that the application be deferred to a future meeting of the Committee to allow time to consult with and receive comments from the Police on the application. The proposal was seconded by Councillor Jan Mason.

The Committee voted (4 for, 4 against, 1 abstaining, and the Chair exercising his casting vote against the motion) against the motion, and the motion was lost.

Following further consideration, Councillor Freeman proposed a motion to approve the Officer recommendation as set out in the report. The proposal was seconded by Councillor Kate Chinn.

Subsequently, the Committee resolved (5 for, 4 against) to:

Grant planning permission subject to the variation of Conditions 1, 3, 4, 5 and 6 of the original permission (24/00605/REM), as follows:

(1)          Timescale

(deleted)

(2)          Approved details

The development hereby permitted shall be carried out in accordance with the plan 1065-01 Rev A, received 23/08/2019.

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

(3)          Refuse storage

Refuse storage and recycling facilities shall be fully implemented and made available for use at all times in accordance with the Refuse Storage & Recycling Facilities Statement (Received 24/06/2020), as discharged in application 20/00716/COND.

Reason: To ensure the provision of refuse facilities in accordance with Policy DM10 of the Development Management Policies Document (2015).

(4)          Ventilation and Filtration

Ventilation and filtration equipment must be operated and maintained in full working order in accordance with manufacturer's instructions throughout the proposed use in accordance with the Duct Extraction plans numbered (Received 27/05/2020) and GigaBox Extractor Fan Specification Information (Received 27/05/2020), both as discharged in application 20/00716/COND.

Reason: To safeguard neighbouring residential amenities in accordance with Policy DM10 of the Development Management Policies Document (2015).

(5)          Noise Attenuation

Noise and vibration measures shall be maintained for the duration of the permitted use in accordance with the Duct Extraction plans numbered (Received 27/05/2020) and GigaBox Extractor Fan Specification Information (Received 27/05/2020), both as discharged in application 20/00716/COND.

Reason: To safeguard neighbouring residential amenities in accordance with Policy DM10 of the Development Management Policies Document (2015).

(6)          Opening Hours

The premises shall only be open for customers between 11am and midnight on Sunday to Wednesday and 11am and 2am (the following day) on Thursday to Saturday.

Reason: To safeguard neighbouring residential amenities in accordance with Policy DM10 of the Development Management Policies Document (2015).

Summary of Incoming and Closed Enforcement Cases by Month.

The Committee received and noted the summary of incoming and closed enforcement cases by month.