Agenda item

The erection of 3 modular buildings to provide temporary accommodation for residents in the Borough, with associated parking, refuse and plant room.

Prior to the Committee’s consideration of the agenda item, Councillor Neil Dallen withdrew from the Chamber.

Description:

The erection of 3 modular buildings to provide temporary accommodation for residents in the Borough, with associated parking, refuse and plant room.

Officer Recommendation:

Approval, subject to conditions and informatives.

Officer Presentation:

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

Public Speaking:

A member of the public provided to the Committee two separate representations in objection to the application – the first objection provided on their own behalf, and the second objection provided on behalf of another member of the public, upon that other member of the public’s request.

Decision:

In the interest of the provision of allocated parking for each unit, Councillor Lucie McIntyre proposed a motion that the Officer recommendation be amended by way of an amendment to condition 10, as follows:

(10) Parking and Turning

The development hereby approved shall not be first occupied unless and until space has been laid out within the site in accordance with the approved plans for vehicles to be parked and turn so that they may enter and leave the site in forward gear.  One vehicle parking space shall be clearly allocated and used for each modular building.  Thereafter the parking and turning areas shall be retained and maintained for their designated purposes.

Reason: In order for the development not to prejudice highway safety nor cause inconvenience to other highway users in accordance with Section 9 of the NPPF 2023, and to satisfy policies DM35 and DM36 of the Development Management Policies 2015 and Policy CS16 of the Core Strategy 2007.

The proposal was seconded by Councillor Jan Mason. Subsequently, the Committee voted (7 votes for, 1 abstaining, and the Chair not voting) in favour of the amendment.

To address an inaccuracy within the text of condition 2 as set out in the report, the Chair, Councillor Steven McCormick, proposed a motion that the Officer recommendation be amended the by way of an amendment to condition 2, as follows:

(2) Temporary Use

The development hereby permitted shall be discontinued and the land restored to its former condition on or before five years from the date of this planning permission.

Reason: To allow the Local Planning Authority an opportunity to assess the future demand for such accommodation, in accordance with Section 5 of the National Planning Policy Framework 2023 and Policy DM21 of the Development Management Policies Document 2015.

The proposal was seconded by Councillor Bernie Muir. Subsequently, the Committee voted (7 votes for, 1 abstaining, and the Chair not voting) in favour of the amendment.

Councillor Kate Chinn proposed a motion to agree the Officer recommendation, as amended. The proposal was seconded by Councillor Humphrey Reynolds. Subsequently, the Committee resolved (7 votes for, 1 abstaining, and the Chair not voting) to:

GRANT planning permission subject to the following conditions and informatives:

Conditions

(1)          Time Limit

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 of the Town and Country Planning Act 1990 as amended by Section 51 (1) of the Planning and Compulsory Purchase Act 2004.

(2)          Temporary Use

The development hereby permitted shall be discontinued and the land restored to its former condition on or before five years from the date of this planning permission.

Reason: To allow the Local Planning Authority an opportunity to assess the future demand for such accommodation, in accordance with Section 5 of the National Planning Policy Framework 2023 and Policy DM21 of the Development Management Policies Document 2015.

(3)          Approved Details

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

Site Local Plan at 1:1250

Drawing Number LA-4-01 (Red Line)

Drawing Number LA-4-01

Drawing Number AC-23-01

Drawing Number AS-01-01

Reason: For the avoidance of doubt and in the interests of proper planning as required by Policy CS5 of the Core Strategy 2007.

Pre-Commencement Conditions

(4)          Materials

No development shall commence unless and until details of the external materials to be used for the development 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 D8, D9 and DM10 of the Development Management Policies 2015.

(5)          Construction Transport Management Plan

No development shall commence until a Construction Transport Management Plan, to include details of:

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

b)            provision for unloading modular buildings on site

c)            programme of works (including measures for traffic management)

d)            HGV/Flatbed deliveries and hours of operation along Fairview Road to be outside of the hours 07:30 – 09:30 and 15:30 and 17:00. Any HGV/Flatbed vehicles cannot be laid up or waiting on either East Street or Fairview Road at these times

e)            measures to prevent the deposit of materials on the highway

f)             before and after construction condition surveys of the highway and a commitment to fund the repair of any damage caused

g)            on-site turning for construction vehicles

h)            measures to ensure the footway is not obstructed during construction

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

Reason: For the development not to prejudice highway safety nor cause inconvenience to other highway users in accordance with the objectives of the NPPF 2021, and to satisfy policies DM35 and DM36 of the Development Management Policies 2015 and Policy CS16 of the Core Strategy 2007.

(6)          SuDS Details

No development shall commence unless and until details of the design of a surface water drainage scheme have been submitted to and approved in writing by the Local Planning Authority. The design must satisfy the SuDS Hierarchy and be compliant with the NPPF and the accompanying PPG. The approved details shall be implemented during the construction of the development and prior to occupation of any of the buildings.

Reason: To ensure that the principles of sustainable drainage are incorporated into the development and to reduce the impact of flooding in accordance with Policy CS6 of the Epsom and Ewell Core Strategy 2007 and Policy DM19 of the Development Management Policies 2015

(7)          Hard and Soft Landscaping

No development shall commence unless and until full details, of both hard and soft landscape proposals and boundary treatments, including a schedule of landscape maintenance for a period of 5 years and provision to provide amenity space for each of the three dwellings, has been submitted to and approved in writing by the local planning authority. The approved landscape scheme and boundary treatments shall be implemented no later than the first planting season after the occupation of the development hereby approved and thereafter retained.

Reason: To ensure the provision, establishment and maintenance of an appropriate landscape scheme in the interests of the visual amenities of the locality in accordance with Policy CS5 of the Core Strategy 2007 and Policies DM5 and DM9 of the Development Management Policies 2015.

(8)          Environmentally Sustainable Development Measures

No development shall commence unless and until full details of environmentally sustainable development and energy conservation measures to be incorporated into the proposed modular buildings are submitted to an approved by the Local Planning Authority.   The approved environmentally sustainable measures shall be incorporated into the proposed development prior to first occupation.

Reason: To ensure that new development can help combat and mitigate the impacts of climate change, in accordance with Policies CS1 and CS6 of the Core Strategy 2007

Pre-Occupation Conditions

(9)          Ground Contamination and Ground Gas

Following any necessary demolition and prior to the first occupation, the following shall be undertaken in accordance with current best practice guidance:

(i)            a site investigation and risk assessment to determine the existence, extent, and concentrations of any made ground/fill (including asbestos), ground gas (including volatile hydrocarbons) and contaminants with the potential to impact sensitive receptors on and off site. The scope and detail of these are subject to the approval in writing by the local planning authority. The results of the investigation and risk assessment shall be submitted to and approved by the Local Planning Authority.

(ii)          If ground/groundwater contamination, filled ground and/or ground gas is found to present unacceptable risks, a detailed scheme of risk management measures shall be designed and submitted to the Local Planning Authority for approval. The site shall be remediated in accordance with the approved measures and a verification report shall be submitted to and approved by the Local Planning Authority.

(iii)         If, during the course of development, any contamination is found which has not been identified in the site investigation, additional measures for the remediation of this source of contamination shall be submitted to and approved in writing by the local planning authority. The remediation of the site and verification report shall incorporate the approved additional measures.

Reason: To control significant harm from land contamination to human beings, controlled waters, buildings and ecosystems as required by Policy DM10 of the Development Management Policies Document 2015.

(10)       Parking/Turning

The development hereby approved shall not be first occupied unless and until space has been laid out within the site in accordance with the approved plans for vehicles to be parked and turn so that they may enter and leave the site in forward gear.  One vehicle parking space shall be clearly allocated and used for each modular building.  Thereafter the parking and turning areas shall be retained and maintained for their designated purposes.

Reason: In order for the development not to prejudice highway safety nor cause inconvenience to other highway users in accordance with Section 9 of the NPPF 2023, and to satisfy policies DM35 and DM36 of the Development Management Policies 2015 and Policy CS16 of the Core Strategy 2007.

(11)       Cycle Facilities

The development hereby approved shall not be first occupied unless and until details for the storage of cycles to be parked in a secure and covered location have been submitted to an approved in writing by the Local Planning Authority. The facilities are to be provided prior to the first occupation of the respective buildings and thereafter the approved facilities shall be retained and maintained for their designated purposes.

Reason: In recognition of Section 9 of the NPPF 2023 an in meeting its objectives, as well as and to satisfy policies DM35 and DM36 of the Development Management Policies 2015.

(12)       Compliance with Ecological Survey

The development hereby approved shall be carried out in strict accordance with the conclusions and recommendations of the Preliminary Ecology Appraisal, prepared by Preliminary Ecological Assessment, prepared by Fursfen and dated December 2022 prior to first occupation of any of the buildings.      

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

(13)       Hours of Work

Works related to the construction of the development hereby permitted, including works of demolition or preparation prior to building operations shall not take place other than between the hours of 07:30 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 Document 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)          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.

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 or 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.

If proposed works result in infiltration of surface water to ground within a Source Protection Zone the Environment Agency will require proof of surface water treatment to achieve water quality standards.

 

Following the conclusion of the Committee’s consideration of the application, the Committee agreed to a brief adjournment prior to moving on to the next agenda item. The meeting was adjourned between 20:25 – 20:29.

Prior to the commencement of the Committee’s consideration of the next agenda item, Councillor Neil Dallen returned to the Chamber.