Agenda item

5 The Derby Square, High Street, Epsom, Surrey, KT19 8AG - 18/01556/FUL

Change of use to D2 (Cinema). Proposed roof extension for auditoria and plant enclosure

Minutes:

Description

Change of use to D2 (Cinema). Proposed roof extension for auditoria and plant enclosure

Decision

Planning permission is PERMITTED subject to the following conditions:

Conditions:

(1)            The development hereby permitted shall be commenced within 3 years from the date of this decision.

Reason: In order to comply with Section 91 of the Town and Country Planning Act, 1990.  (As amended)

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

SP/01 - Site Location Plan – dated 28/01/2019

SP/02 - Site Plan – received 30.01.2019

SP/02 – Block Plan – dated 28/01/2019

DE/01 - Demolition Plan Existing Ground Floor – dated 28/1/19

DE/02 - Demolition Plan Existing First Floor – dated 28/1/19

DE/03 - Demolition Plan Existing Second Floor – dated 28/1/19

DE/04 - Demolition Plan Existing Third Floor – dated 28/1/19

DE/05 - Demolition Plan Existing Roof – dated 28/1/19

DE/20 - Demolition Section A – dated 28/1/19

DE/21 - Demolition Section B – dated 28/1/19

EX/01 - Existing Ground Floor Plan – dated 28/1/19

EX/02 - Existing First Floor Plan – dated 28/1/19

EX/03 - Existing Second Floor Plan – dated 28/1/19

EX/04 - Existing Third Floor Plan – dated 28/1/19

EX/05 - Existing Roof Plan – dated 28/1/19

EX/10 - Existing South West Elevation from Derby Square – dated 25/1/19

EX/11 - Existing South East Elevation Library Entrance – dated 25/1/19

EX/12 - Existing North Elevation Library Entrance – dated 25/1/19

EX/13 - Existing East Elevation Library Entrance – date 25/1/19

EX/20 - Existing Section A – dated 28/1/19

EX/21 - Existing Section B – dated 28/1/19

P/01 - Proposed Ground Floor Plan – dated 28/1/19

P/02 - Proposed First Floor Plan – dated 28/1/19

P/03 - Proposed Second Floor Plan – dated 28/1/19

P/04 - Proposed Third Floor Plan – dated 28/1/19

P/05 - Proposed Roof Plan – dated 28/1/19

P/10 - Proposed South West Elevation – dated 25/1/19

P/11 - Proposed South East Elevation – dated 25/1/19

P/12 - Proposed North Elevation – dated 25/1/19

P/13 - Proposed East Elevation – dated 25/1/19

P/20 - Proposed Section A – dated 28/1/19

P/21 - Proposed Section B – dated 28/1/19

P / 30 - Proposed Materials – dated 28 / 01 / 19

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

(3)            Prior to the commencement of development, details and samples 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 DM9 and DM10 of the Development Management Policies 2015.

(4)            The rating level of any sound as part of this development (as defined within BS4142:2014), shall not exceed 5 decibels below the prevailing background noise level at any time, when measured or calculated at the boundary of any noise sensitive dwelling. The assessment method used shall be in accordance with BS4142:2014- "Methods for rating and assessing industrial and commercial sound.

Reason: To protect the occupants of nearby residential properties from noise disturbance in accordance with Policy DM10 of the Development Management Policies 2015.

(5)            Prior to commencement of the development, the applicant shall conduct a further background assessment of noise levels at a time acceptable to the local planning authority and submit a report showing by calculation the noise levels referred to in condition {above} will be met.  This report shall detail the proposed plant and any mitigation required to achieve these levels.  The assessment shall be made at a range of noise sensitive dwellings including, as a minimum, at the elevated rear facades of 22-28 High Street, 32 High Street, 34 High Street and at the rear façade of 16 Adelphi Road.

Reason: To protect the occupants of nearby residential properties from noise disturbance in accordance with Policy DM10 of the Development Management Policies 2015.

(6)            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 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: To protect the occupants of nearby residential properties from noise disturbance in accordance with Policy DM10 of the Development Management Policies 2015.

(7)            The site shall not be permitted to be open between the hours of 08.00 and 02.00 Monday to Sunday and Bank Holidays

Reason:  To protect the occupants of nearby residential properties from noise disturbance in accordance with Policy DM10 of the Development Management Policies 2015.

(8)            The external seating area shall not be used after 11pm on any day and the furniture will be stored in such a way that it cannot be used.

Reason:  To protect the occupant of nearby residential properties from noise disturbance in accordance with Policy DM10 of the Development Management Policies 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.

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

Note:  In the interests of openness and transparency Councillors Woodbridge, Lucie Dallen, Neil Dallen, Keane, Mason, Jaguptal McCormick, Reynolds, Monksfield and Smitheram declared they were known to the objector in her capacity as an ex Councillor.

 

Supporting documents: