Minutes:
Description
Proposed student accommodation (77 units) contained within 9 buildings (units over three levels) and associated parking, bicycle spaces and landscaping.
Decision
PERMITTED subject to the following conditions and a legal agreement which has been completed and signed to secure the following heads of terms:
· Conveyance of the freehold of the wildlife sanctuary to the Millbridge Wildlife Group, to renew the fence boundary and pay all legal fees and endow the trust with a £25,000 bequest.
Condition(s):
(1) 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) Prior to the commencement of development, details and samples of the materials to be used for the external surfaces of the development, including windows and doors, 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) Prior to occupation of the development hereby approved, a soft landscaping scheme shall be submitted to and approved in writing by the local planning authority, to include the planting of trees, hedges, shrubs and areas to be grassed. The landscaping scheme shall include: tree planting specification drawings which show species, sizes, planting pit size, soil, staking, protection, strimmer guards; A schedule of aftercare should outline maintenance such as pruning, gapping up, responsibility for plant watering and duration of maintenance. The landscaping shall take place in the first planting season after completion of development and shall be maintained for a period of 5 years, such maintenance to include the replacement of any plants that die. All works shall be carried out in strict accordance with the approved details.
Reason: To ensure the provisions and maintenance of soft landscaping, in the interest of visual amenity as required by Policy DM5 of the Development Management Policies Document (2015) and in the interest of environmental sustainability as required by Policies CS1 and CS4 of the Local Development Framework Core Strategy (2007).
(4) No site clearance or building operations shall commence on site until the protective fencing and other protection measures as shown on the Tree Protection Plan Drawing Number NKH16970-03 (dated April 2015) in the Arboricultural Method Statement have been installed. At all times until the completion of the development, such fencing and protection measures shall be retained as approved. Within all fenced areas, soil levels shall remain unaltered and the land kept free of vehicles, plant, materials and debris.
Reason: To ensure the provisions and maintenance of soft landscaping, in the interest of visual amenity as required by Policy DM5 of the Development Management Policies Document (2015) and in the interest of environmental sustainability as required by Policies CS1 and CS4 of the Local Development Framework Core Strategy (2007).
(5) Prior to the first occupation of the first unit hereby permitted, details of the means of enclosure to the retained wildlife area and a timetable for their erection shall be submitted to and approved in writing by the local planning authority. The fencing shall allow for the movement of badgers (by way of ‘badger gates’ or other suitable openings). The enclosures shall be erected in accordance with the approved details and the badger gates/openings shall be retained, free of obstruction, thereafter.
Reason: To safeguard and enhance biodiversity in accordance with Policy CS3 of the Core Strategy (2007) and Policy DM4 of the Development Management Policies Document (2015).
(6) The development hereby approved shall be carried out in strict accordance with the Wildlife Area Management Plan by ACD Ecology, reference NKH16970 (dated May 2015).
Reason: To safeguard and enhance biodiversity in accordance with Policy CS3 of the Core Strategy (2007) and Policy DM4 of the Development Management Policies Document (2015).
(7) The development hereby approved shall not be first occupied unless and until the proposed vehicular, pedestrian and bicycle accesses to Mill Road have been constructed in accordance with the approved plans.
Reason: In order that the development should not prejudice highway safety nor cause inconvenience to other highway users in accordance with Policy CS16 of the Core Strategy (2007).
(8) The development hereby approved shall not be first occupied until space has been laid out within the site in accordance with the approved plans for vehicles and cycles to be parked. The cycle parking provision shall be secure. The parking areas shall be retained and maintained exclusively for their designated purpose.
Reason: To ensure that adequate parking within the curtilage of the site will be permanently available so that the proposed development does not prejudice the free flow of traffic or the conditions of general safety along the neighbouring highway by reason of on street parking as required by Policy CS16 of the Core Strategy (2007).
(9) No development shall take place until a Construction Transport Management Plan has been submitted to and approved in writing by the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:
a) the parking of vehicles of site personal, operatives and visitors;
b) loading and unloading of plant and materials;
c) storage of plant and materials used in constructing the development;
d) a 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
k) On site turning for construction vehicles
Only the approved details shall be implemented during the construction of the development.
Reason: In order that the development should not prejudice highway safety nor cause inconvenience to other highway users in accordance with Policy CS16 of the Core Strategy (2007).
(10) Prior to the commencement of the development, a Travel Plan in accordance with the sustainable development aims and objectives of the National Planning Policy Framework, Surrey County Council’s “Travel Plans Good Practice Guide”, and in general accordance with the 'Heads of Travel Plan' document, shall be submitted to and approved in writing by the local planning authority. The applicant shall then implement the approved Travel Plan on occupation of the development, and thereafter maintain and develop the Travel Plan to the satisfaction of the local planning authority.
Reason: In order that the development should not prejudice highway safety nor cause inconvenience to other highway users in accordance with Policy CS16 of the Core Strategy (2007).
(11) The development shall be used for residential student accommodation only and for no other purpose.
Reason: To ensure a satisfactory form of use of the premises as required by Policy CS5 of the Core Strategy (2007).
(12) Prior to the first occupation of the development hereby approved, the applicant shall submit to the local planning authority and obtain written approval of a Management Strategy, addressing the on-site supervisory arrangements and tenure terms so as to minimise noise and to manage anti-social behaviour issues. The applicant shall implement the approved Management Strategy on first occupation of the site and thereafter maintain its operation to the satisfaction of the local planning authority.
Reason: To ensure that the neighbouring residential amenity is protected in accordance with Policy DM10 of the Development Management Policies Document (2015).
(13) Prior to the first occupation of the development hereby approved, a plan for the management of the designated on-site parking spaces shall be submitted and approved in writing by the local planning authority. Details shall be included of general management throughout the year, and student arrivals and departures at the start and end of term. This plan shall confirm that no students shall be permitted to load and unload from the designated parking bays on-site without the prior arrangement of the site management. There is to be no parking outside of these designated bays for student loading/unloading.
Reason: In order that the development should not prejudice highway safety nor cause inconvenience to other highway users in accordance with Policy CS16 of the Core Strategy (2007).
(14) The development hereby approved shall be constructed in accordance with the sustainable construction techniques outlined in the Design and Access Statement, unless otherwise agreed in writing with the local planning authority.
Reason: In order to promote sustainable construction in accordance with Policy CS6 of the Epsom and Ewell Core Strategy (2007).
(15) No development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and agreed in writing with the local planning authority. The development shall be carried out in strict accordance with the detailed scheme of investigation and any archaeological works shall be carried out by a suitably qualified investigating body acceptable to the local planning authority.
Reason: The site is of high archaeological potential and it is important that the archaeological information should be preserved as a record before it is destroyed by the development in accordance with Policy CS5 of the Core Strategy (2007).
(16) No development shall take place until a site investigation of the nature and extent of contamination has been carried out in accordance with a methodology which has previously been submitted to and approved in writing by the local planning authority. The results of the site investigation shall be made available to the local planning authority before any development begins. If any contamination is found during the site investigation, a report specifying the measures to be taken to remediate the site to render it suitable for the development hereby permitted shall be submitted to and approved in writing by the local planning authority. The site shall be remediated in accordance with the approved measures before development begins. 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 shall incorporate the approved additional measures.
Reason: To control significant harm from land contamination to human beings, controlled waters, buildings and or/ecosystems as required by Policy DM10 of the Development Management Policies Document (2015).
(17) No impact piling shall take place until a piling method statement (detailing the depth and type of piling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to subsurface sewerage infrastructure, and the programme for the works) has been submitted to and approved in writing by the local planning authority in consultation with Thames Water. Any piling must be undertaken in accordance with the terms of the approved piling method statement.
Reason: To ensure the development does not impact on local underground sewerage utility infrastructure in accordance with Policy CS6 of the Core Strategy (2007).
(18) The proposed development is located within Source Protection Zone 1 of a groundwater abstraction source. These zones are used for potable water sources for public supply for which Thames Water has a statutory duty to protect. Development shall not commence until details have been submitted to and approved by the local planning authority in consultation with Thames Water, of how the developer intends to ensure the water abstraction source is not detrimentally affected by the proposed development both during and after its construction. The development shall be constructed in strict accordance with the approved measures.
Reason: To ensure that the water resource is not detrimentally affected by the development in accordance with Policy CS6 of the Core Strategy (2007).
(19) Prior to the commencement of the development hereby approved, details of noise attenuation and mitigation measures to protect future occupiers against railway noise shall be submitted to and approved in writing by the local planning authority. The development shall be constructed in accordance with the approved details.
Reason: To safeguard future occupiers of the development from railway noise in accordance with Policy DM10 of the Development Management Policies Document (2015).
(20) The development hereby permitted shall be constructed entirely in accordance with the approved Drainage Layout Plan (Drawing Number MR-DL-100 Rev C, dated May 2015).
Reason: To ensure suitable drainage of the development to reduce risk of flooding in accordance with Policy CS6 of the Core Strategy (2007).
(21) Prior to the first occupation of the development hereby approved, 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 suitable drainage of the development to reduce risk of flooding in accordance with Policy CS6 of the Epsom and Ewell Core Strategy (2007).
(22) The Sustainable Drainage System shall be managed and maintained in accordance with the agreed details supplied within the Maintenance Document and Maintenance Schedule, submitted on 9 October 2015.
Reason: To ensure suitable drainage of the development to reduce risk of flooding in accordance with Policy CS6 of the Epsom and Ewell Core Strategy (2007).
(23) The unit(s) 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.
(24) The development hereby permitted shall be carried out in accordance with the following approved plans and documents: Location Plan, Site Plan, Block Plan, Sections and Streetscene, Block A Elevations, Block A Floor Plans, Block B Plans and Elevations, Block C Floor Plans, Block C Elevations, Block D Plans and Elevations.
Reason: For the avoidance of doubt and in the interests of proper planning as required by Policy CS5 of the Core Strategy (2007).
Informative(s):
(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 applicant’s attention is drawn to the Epsom and Ewell Borough Council Planning Advice note on the assessment and remediation of contaminated land.
(3) If you need any advice regarding Building Regulations please do not hesitate to contact Epsom & Ewell Borough Council Building Control on 01372 732000 or contactus@epsom-ewell.gov.uk.
(4) The applicant is required to restrict hours of construction work to 07.30 to 18.30 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. Any work outside these hours which is audible at the site boundary may result in formal action under the Control of Pollution Act 1974.
(5) The permission hereby granted shall not be construed as authority to carry out works on the highway. The applicant is advised that prior approval must be obtained from the Highway Authority before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway.
(6) Details of the highway requirements necessary for inclusion in any application seeking approval of reserved matters may be obtained from the Transportation Development Planning Division of Surrey County Council.
(7) The developer is advised that a standard fee may be charged for input to, and future monitoring of, any Travel Plan.
(8) Thames Water will aim to provide customers with a minimum pressure of 10m head (approximately 1 bar) and a flow rate of 9 litres/minute at the point where it leaves Thames Waters pipes. The developer should take account of this minimum pressure in the design of the proposed development.
(9) The water efficiency standard required under condition 23 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.
(10) The applicant should note that under the terms of The Conservation of Habitats and Species Regulations 2010, Wildlife and Countryside Act 1981 and Countryside and Rights of Way Act 2000, it is an offence to disturb species which are also European Protected Species. You should note that the work hereby granted consent does not override the statutory protection afforded to these and other protected species and you are advised to seek expert advice if you suspect that the demolition would disturb any protected species. Please note that a European Protected Species Licence will be required to allow the proposed development to proceed lawfully. Further details can be found at: https://www.gov.uk/environmental-management/wildlife-habitat-conservation
The Committee noted verbal representations from two Objectors. Letters of representation from local residents were published on the Council’s website, and had been made available to the public and members of the Committee in advance of the meeting.
Note: It was agreed that Officers would consult and seek prior agreement from Councillors in advance of approving a Management Strategy addressing the on-site supervisory arrangements and tenure terms so as to minimise noise and to manage anti-social behaviour issues, as set out in Condition 12.