Agenda item

Outline application (access) for the demolition of the existing dwelling and the erection of a new block of 14 self-contained flat units and associated parking.

Description

Outline application (access) for the demolition of the existing dwelling and the erection of a new block of 14 self-contained flat units and associated parking.

Decision

Outline planning permission is PERMITTED subject to the following conditions:

Part A:

Subject to a legal agreement being completed and signed by 4 November 2016 to secure the following heads of terms:

a)            The provision of 2 two-bedroom affordable rental units on site

b)           A commuted sum of £46,862 in lieu of 0.8 of a unit.

The Committee authorise the Head of Place Development to grant planning permission subject to the following conditions:

Conditions:

(1)          Application for approval of reserved matters shall be made to the local planning authority before the expiration of two years from the date of this permission. The development hereby permitted shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved.

Details of the access, appearance, landscaping, layout, and scale (delete as appropriate), hereinafter called "the reserved matters" shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved.

Reason:  The application was made for outline planning permission and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990 as amended by Section 1(2) of the Planning and Compulsory Purchase Act 2004.

(2)          Prior to the commencement of development, details and samples of the materials to be used for the external surfaces of 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: In the interest of safeguarding visual amenity in accordance with Policy CS5 of the Core Strategy (2007) and policy DM10 of the Development Management Policies Document 2015.

(3)          No new development shall be occupied until space has been laid out within the site in accordance with the approved plans for 19 vehicles and a minimum of 10 bicycles to be parked, and for vehicles to turn so that they may enter and leave the site in forward gear. The parking/turning area shall be used and retained exclusively for its designated purpose.

Reason:  In order that the development should not prejudice highway safety nor cause inconvenience to other highway users and to accord with the provisions of policy CS16 of the Core Strategy (2007)

(4)          Prior to the commencement of any building or engineering operations, a Method of Construction Statement shall be submitted to and approved in writing with the local planning authority. This shall include details of:

a)            Parking of the vehicles of site personnel, operatives and visitors,

b)           Loading and unloading of plant and materials,

c)            Storage of plant and materials used in constructing the development,

d)           Programme of works (including measures for traffic management)

e)            Provision of boundary hoarding behind any visibility zones

f)             HGV deliveries and hours of operation

g)           Vehicle routing

h)           Measures to prevent the deposit of materials on the highway

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

j)             on-site turning for construction vehicles

All of which shall be kept clear of the highway and the proposed access. Only the approved details shall be implemented during the construction period.

Reason:  To ensure that the development does not prejudice the free flow of traffic and conditions of safety on the highway or cause inconvenience to other highway users as required by policy CS16 of the Core Strategy (2007)

(5)          Prior to the commencement of any development works, including ground preparation and demolition, a detailed Arboricultural Method Statement (AMS) and Tree Protection Plan (TPP) shall be submitted to and approved in writing by the local planning authority. The TPP shall show the root protection areas of all trees to be retained as set out in British Standard 5837.  The AMS shall contain details of:

The specification and location of tree protection (barriers fixed into the ground and/or ground protection as detailed in chapter 9 of BS5837)

Any construction activity, excavation or level changes that may take place within the protected root area of trees shown on the TPP and the supervision and monitoring programme for these activities.

Tree protection shall be erected prior to demolition, ground preparation and development works and shall remain in place for the duration of the construction works.  The protection barriers shall only be removed on the completion of all construction activity and with the written agreement of the local planning authority.  All works shall be carried out in strict accordance with the approved details.

Reason:  To ensure satisfactory protection of trees in the interest of amenity as required by policy DM5 of the Development Management Policies Document 2015.

(6)          Prior to the commencement of the development details of sustainability measures shall be submitted to and approved in writing by the local planning authority. These details shall demonstrate how the development would be efficient in the use of energy, water and materials and shall include means of providing the energy requirements of the development from renewable technologies. Thereafter, the development shall be carried out in strict accordance with the approved details.

Reason:  To ensure that measures to make the development sustainable and efficient in the use of energy, water and materials are included in the development and to comply with policy CS6 of the Core Strategy 2007.

(7)          Prior to the commencement of the development, details of the retention and preservation of the stained glass windows within the communal area of the new building shall be submitted to and approved in writing by the local planning authority.  Thereafter, the development shall be carried out in strict accordance with the approved details.

Reason:  To safeguard and preserve the significance of the heritage asset in accordance with Policy CS5 of the Core Strategy (2007) and Policy DM8 of the Development Management Policies Document 2015.

(8)          Prior to the first occupation of the new building, "woodcrete" soffit bird and bat boxes shall be installed in accordance with details submitted to and approved by the Local Planning Authority. The boxes shall be retained thereafter.

Reason:  To conserve and enhance biodiversity as required by Policy CS3 of the Core Strategy 2007.

(9)          Prior to the commencement of the development full details of the new areas of hard surfacing shall be submitted to and approved in writing by the local planning authority.  Such details shall show that the hard surface will be porous or permeable, or shall direct surface water to a porous or permeable surface within the site.  Thereafter, the development shall be carried out in accordance with the approved details and so maintained.

Reason: To reduce surface water run-off from the site in line with policy CS6 of the Core Strategy July 2007.

(10)       The development shall not commence until an Ecology and Bat Report has been submitted to and approved by the local planning authority. The approved protection, mitigation and enhancement measures detailed in the ecological assessment shall be implemented prior to the first occupation of the development and/or in accordance with the approved timetable detailed in the ecological assessment and plan. The approved measures shall thereafter be maintained.

Reason:  To conserve and enhance biodiversity as required by Policy CS3 of the Core Strategy 2007.

(11)       No development shall take place until a scheme to enhance the biodiversity interest of the site has been submitted to and agreed in writing by the local planning authority. The scheme shall be implemented in full prior to the occupation of the development hereby approved and thereafter maintained.

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

(12)       Prior to construction the applicant must in their drainage strategy, provide results from infiltration testing in accordance with BRE Digest 365.  The Sustainable Drainage System should then be designed and sized in accordance with these results and shall be submitted to and approved by the local planning authority.

Reason:  To ensure the drainage design meets the national SuDS technical standards.

(13)       Before the commencement of the construction of the development hereby approved full details of the Micro Drainage calculations and results, for the complete drainage network, must be submitted to and approved by the local planning authority.

Reason:  To ensure that the design fully meets the requirements of the national SuDS technical standards.

(14)       Before the commencement of the construction of the development hereby approved, evidence of how contaminated water will be adequately treated to prevent groundwater pollution must be submitted to and approved by the local planning authority.

Reason:  To ensure that the design fully meets the requirements of the national SuDS technical standards.

(15)       Before the commencement of the construction of the development hereby approved, confirmation of ground water levels must be submitted to and approved by the local planning authority.

Reason:  To ensure that infiltration is feasible for this site.

(16)       Before the commencement of the construction of the development hereby approved, details of how the Sustainable Drainage System will cater for system failure or exceedance events, both on and offsite, must be submitted to and approved by the local planning authority.

Reason:  To ensure that the proposal has fully considered system failure.

(17)       Before the commencement of the construction of the development hereby approved, details of how the Sustainable Drainage System will be protected and maintained during the construction of the development shall be submitted to and approved by the Local Planning Authority. The development shall thereafter be carried out in strict accordance with those approved details.

Reason:  To ensure that the construction works do not compromise the functioning of the agreed Sustainable Drainage System.

(18)       Prior to construction of the development hereby approved, details of the proposed maintenance regimes for each of the SuDS elements must be submitted to and approved by the local planning authority

Reason: To ensure the drainage system is maintained throughout its life time to an acceptable standard.

(19)       Prior to construction of the development hereby approved the following drawings need to be supplied to and approved by the local planning authority:

A drainage layout detailing the exact location of SUDs elements, including finished floor levels

Details of all SuDS elements and other drainage features, including long and cross sections, pipe diameters and respective levels

Reason:  To ensure that the design fully meets the requirements of the national SuDS technical standards

(20)       Prior to occupation, a verification report carried out by a qualified drainage engineer must be submitted to and approved by the Local Planning Authority to demonstrate that the Sustainable Drainage System has been constructed as per the agreed scheme.

Reason:  To ensure the Sustainable Drainage System has been constructed as agreed.

(21)       The residential units hereby approved shall not be occupied until they have achieved a water efficiency standard using not more than 110 litres per person per day maximum indoor water consumption.

Reason:  To ensure that the development is sustainable and makes efficient use of water to comply with Policy DM12 of the Development Management Policies 2015.

(22)       The development hereby permitted is based on the following approved plan: Site Plan 1304/RP4

Reason:  For the avoidance of doubt and in the interests of proper planning as required by Policy DM10 of the Development Management Policies Document 2015.

Informatives:

(1)          The Council confirms that in assessing this planning application it has worked with the applicant in a positive and proactive way, in line with the requirements of paragraph 186-187 of the National Planning Policy Framework 2012.

(2)          The water efficiency standard required under condition 21 has been adopted by the local planning authority through the Development Management Policies 2015.  This standard is the ‘optional requirement’ detailed in Building Regulations 2010, Part G Approved Document (AD) Buildings Regulations (2015), at Appendix A paragraph A1. 

The applicant is advised that this standard can be achieved through either:

a)            using the ‘fittings approach’ where water fittings are installed as per the table at 2.1 in the AD or

b)           using the water efficiency calculation methodology detailed in the AD Part G Appendix A.

(3)          You are advised that 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 08.00 to 18.00 hours Monday to Fridays; 08.00 to 13.00 Saturdays; with no work on Saturday afternoons (after 13.00), Sundays, Bank Holidays or Public Holidays.

(4)          The Borough Council would like to see a plaque erected adjacent to the retained stained glass windows explaining that they have been salvaged from a Victorian house that previously existed on the site and have been preserved as an important heritage asset as required by Epsom and Ewell Borough Council

Part B:

In the event that the section 106 Agreement referred to in Part A is not completed by 4 November 2016, the Head of Place Development be 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 (as amended), the applicant has failed to comply with CS9 (Affordable Housing) and CS12 (Developer Contributions) of the 2007 Core Strategy in relation to the provision of on-site affordable housing units/ commuted sum in lieu of on–site provision of affordable housing units.

The Committee noted a verbal representation from the applicant’s agent.  Letters of representation had been published on the Council’s website and were available to the public and members of the Committee in advance of the meeting.