Agenda item
Item 05 of the Agenda of the Planning Committee held on 22 April 2021
- Meeting of Special Meeting, Planning Committee, Tuesday, 27th April, 2021 6.30 pm (Item 50.)
- View the declarations of interest for item 50.
Consideration of Item 5 of the adjourned meeting of the Planning Committee held on 22 April 2021 – Development Site at 65 London Road Ewell Surrey KT17 2BL (marked as pages 141-186).
Minutes:
Description
Construction of a three to six storey building comprising 45 flats (Use Class C3) with associated car and cycle parking, refuse storage and ancillary works.
Decision
The Committee noted a presentation from the Planning Development Manager, in which he made note of the Update Report which was initially published the evening of the original meeting, and subsequently re-published alongside the Agenda for this reconvened meeting.
The Committee was addressed by Councillor John Beckett, Surrey County Council Division Member, who spoke in objection to the application. The Committee was also addressed by Councillor Hannah Dalton, Ward Member, who also spoke in objection to the application. Finally, the Committee heard from the Agent to the applicant.
The following matters were raised by the Committee:
a) Density: Members raised concerns regarding the high density of the proposed development. The Officer noted that the density had been distinguished by factors including internal design e.g. the number of habitual bedspaces and external space. The Officer confirmed that they deemed the balance appropriate and not an over-development. Members noted the shortage of delivery of housing land supply within the Borough and how the proposed development would be of substantial benefit in fulfilling need.
b) Trees: Members raised concerns regarding the proposed tree coverage, including the 1m shortfall alongside Ewell Bypass. The Officer noted that the proposed development would be optimized usage of the site and that the shortfall would be negligible in this case.
c) Air quality: Following a question from a Member, the Officer confirmed that there had not been an Air Quality Survey completed for the site. The Officer advised that measures could be taken to impose sustainability principles into the development to limit its impact on air quality.
d) Height and massing: Members raised concerns regarding the height, mass, bulk and design of the proposal, and questioned if it may be out of suiting to the existing neighbouring buildings.
e) Impact on neighbouring amenity: Members raised concerns regarding the size and scale of the proposed development and its adverse impact on neighbouring amenity. The Officer noted that steps had been taken to reduce adverse neighbouring impact, including the nature of the enclosed shared amenity area to ensure that there would be no direct overlooking.
f) Highways: Prior to issuing the notice of decision officers were requested to facilitate a meeting between Surrey County Council Highway Authority and the local Councillor for the site regarding ingress and egress from the application site to clarify issues raised in the Committee meeting.
g) Landscaping: Officers were asked to explore the potential for enhanced screening and tree planting within the application and to incorporate the outcome in any proposed planning conditions.
h) Fire safety: Officers were requested to add a planning condition requiring proposed fire safety measures to be submitted and approved in writing prior to any construction above slab level taking place.
Following consideration, the Committee resolved with 6 Members voting for, 3 Members voting against and the Chair not voting that:
The Application be APPROVED subject to:
Part A
24.1 Subject to a legal agreements being completed and signed by the 22nd July 2021 to secure the following Heads of Terms:
Affordable Housing
· The provision of 12 affordable housing units : 7 units (4 x 3 Beds, 2 x 2 Beds and 1 x 1 Bed units (Social Rented), and 5 units comprising 5 x 1 Bed units (Shared Ownership)
· A commuted sum of £149,000 in lieu of on-site provision of an affordable unit Car Club
Car Club
· Details of a Car Club Scheme with the Car Club Operator to be submitted to the County Council’s Highway Authority for approval and thereafter to implement such approved scheme before the Occupation of any Dwelling to the County Council’s reasonable satisfaction.
· The Car Club Scheme will:
a) ensure the dedication retention and maintenance of the Car Club Space and that the Car Club Space shall not be used for any other purpose for a minimum of three years from the date of the sale / disposal of the last Dwelling to be sold / disposed of
b) provide one Car Club Vehicle for use by the Car Club Scheme
c) ensure that the Car Club Vehicle is accessible on a 24 hour basis to both residents and non-residents of the Development.
d) provide for the Car Club Operator to market the Car Club Scheme for a period of three years from the date of implementation of the approved Car Club Scheme
e) meet the full costs of three years membership and of eight driving hours for each flat unit
f) appoint an accredited Car Club Operator for the Car Club Scheme
g) provide on request information to the Council concerning the usage by residents of the Development of the Car Club Scheme.
· There shall be no occupation of the development until the Car Club Scheme has been provided, or the Car Club Contribution has been paid in full to the County Council.
· In the event that the Owner does not:
a) enter into an agreement with the Car Club Provider; and or
b) deliver the Car Club Scheme and the Car Club Space,
the Owner shall pay the Car Club Contribution on or before Occupation of the Development.
· There shall be no occupation of the development until the Car Club Scheme has been provided, or the Car Club Contribution has been paid in full to the County Council.
Off-Site Highway works
· Prior to the commencement of the development hereby permitted to submit for the written approval of the Highway Authority, details of push button controlled pedestrian crossing facilities on London Road. The approved crossing facilities shall be provided prior to first occupation of the development.
· Prior to the first occupation of the development hereby permitted the provision of a 3m wide footway on both the London Road and Ewell Bypass frontages of the site to be dedicated as public highway, in general accordance with drawing 346 (SP) 03.
Bus Infrastructure
· Prior to the commencement of the development hereby permitted to submit for the written approval of the Highway Authority, details of improved bus stop infrastructure at both the A24 north-side bus stop and A24 south-side bus stop to include shelters and Real Time Passenger Information. The approved bus stop infrastructure shall be provided prior to first occupation of the development.
Monitoring Fee
· A s106 monitoring fee in respect of legal costs associated with the monitoring/implementation of the obligations in the s106 agreement in the sum of £1,500, to be paid to the Council upon commencement of the development
The Committee authorise the Head of Planning to grant planning permission subject to the conditions detailed below:
Part B
24.2 In the event that the section 106 Agreement referred to in Part A is not completed by 22nd July 2021, the Head of Planning be authorised to refuse the application for the following reason:
In the absence of a completed legal obligation under section 278 agreement of the Highways Act 1980 and/or section 106 of the Town and Country Planning Act 1990 (as amended), the applicant has failed to comply with Policy CS9 (Affordable Housing and meeting Housing Needs) in relation to the provision of 12 on site affordable housing units, and a commuted sum of £149,000 in lieu of the on-site provision of an affordable unit and/or necessary infrastructure/provision to make the scheme acceptable to comply with Policies DM37 (Parking Standards), CS16 (Managing transport and travel) and CS6 (Sustainability in New Developments) in relation to the provision of parking, car-club, Off-Site Highway works and improvements to the bus stop infrastructure to make the scheme acceptable on highway and pedestrian grounds.
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) The development hereby permitted shall be carried out in accordance with the following approved plans:
Location Plan 346 (SP) 01
Existing Site Plan 346 (SP) 02
Proposed Site Plan 346 (SP) 03
Proposed Ground Floor Site Plan 346 (SP) 04
Proposed Ground Floor Plan 346 (GA) 00
Proposed First Floor Plan 346 (GA) 01
Proposed Second Floor Plan 346 (GA) 02
Proposed Third Floor Plan 346 (GA) 03
Proposed Fourth Floor Plan 346 (GA) 04
Proposed Fifth Floor Plan 346 (GA) 05
Proposed Roof Plan 346 (GA) 06
Proposed South East (London Road) Elevation 346 (GA) 10
Proposed South West (Ewell By-Pass) Elevation 346 (GA) 11
Proposed North West (Rear) Elevation 346 (GA) 12
Proposed North East (Side) Elevation 346 (GA) 13
Proposed NE (Side) & SW (Side) Elevations - NE Block 346 (GA) 14
Existing Streetscape Elevations 346 (GA) 20
Proposed Streetscape Elevations 346 (GA) 21
Drainage Strategy, Waterman, July 2020, revision -, document reference: WIE17307-100-R-1-1-3-DS
Preliminary Investigation report, Soils Ltd, July 2020, document reference: 18316/PIR_R26/V1
Reason: For the avoidance of doubt and to ensure that the development is carried out in accordance with the approved plans to comply with Policy CS5 of the Core Strategy (2007).
(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) No development shall take place until details of the design, external appearance and decorative finish of all railings, fences, gates, walls, bollards and any other means of enclosure have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details prior to the development first being occupied and shall thereafter be retained.
Reason: To secure a satisfactory appearance in the interests of the visual amenities and character of the locality in accordance withPolicy CS5 of the Core Strategy (2007) and Policies DM9 and DM10of the Development Management Policies 2015.
(5) Prior to commencement of works section drawings through balconies, parapets, reveals, soffits, lintel and cills at a scale of 1:5 shall be submitted to the local planning authority. No works shall commence until these specifications are approved and shall carried out in accordance with the approved specifications.
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.
(6) The windows in the flank and rear elevation of Flat No G-8, 1-11 and 2-11, of the development hereby permitted, shall be glazed with obscure glass of no less than obscurity level 3 and permanently fixed shut, unless the parts of the window/s which can be opened are more than 1.7 metres above the floor of the room in which the window is installed, and shall thereafter be permanently retained as such.
Reason: To safeguard the privacy of the occupants of adjoining properties in accordance with Policy DM10 of the Development Management Policies 2015.
(7) No development shall take place until details of existing and proposed finished site levels, finished floor and ridge levels of the buildings to be erected, and finished external surface levels have been submitted to and approved in writing by the local planning authority. The development shall thereafter be constructed in accordance with the approved details.
Reason: In order to safeguard the amenities of the occupiers of neighbouring properties in accordance with Policy CS5 of the Core Strategy (2007) and Policy DM10 of the Development Management Policies 2015.
(8) No development, above ground floor slab level, shall commence until a scheme of hard and soft landscaping has been submitted to the Local Planning Authority for approval, which shall include details of all existing trees on the land, and details of any to be retained, together with measures for their protection, in the course of development. The scheme shall indicate the location and species of plants and trees to be planted on the site. The approved scheme shall be implemented so that planting can be carried out during the first planting season following the final occupation of the building(s) or the completion of the development whichever is the sooner. All planted materials shall be maintained for five years and any trees of planted removed, dying, being damaged or becoming diseased within that period shall be replaced in the next planting season with others of similar size and species to those originally required to be planted unless the Local Planning Authority gives written consent to any variation.
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.
(9) The development must be carried out in accordance with the submitted Noise Assessment Report by Sustainable Acoustics document reference Report No. 20-0065-0 R01a dated 1 July 2020. The recommended mitigation measures within the report to ensure that the building design complies with the requirements of BS 8233 : 2014 must be implemented in full and retained thereafter.
Reason: To protect the occupants of the development hereby approved from noise disturbance in accordance with Policy DM10 of the Development Management Policies 2015.
(10) Prior to commencement of above ground works / the relevant part of the development hereby permitted a sample of each of the proposed brick finishes a 1m X 1m panel shall be constructed on site for inspection and approval by the local planning authority on site with bricks matching the existing building. These shall illustrate the prosed brick in colour, texture, module, bond, pointing and mortar colour proposed for the building and shall be retained on site as a model for the work on site. The work shall not be carried out otherwise than as to conform to approve samples
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.
(11) The development hereby approved shall be carried out in accordance with the protection, mitigation and enhancement measures detailed in the Ecological Appraisal, by Wychwood Environmental Ltd, dated May 2020, 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 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.
(12) 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 Saturdayafternoons (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 2015.
(13) Unless otherwise agreed by the Local Planning Authority, the following must be undertaken following demolition and prior to occupation of the new development, in accordance with current best practice guidance:
A site investigation and risk assessment to determine the existence, extent and concentrations of any made ground/fill, ground gas and contaminants (including asbestos and hydrocarbons) 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. 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. 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 or/ecosystems as required by Policy DM10 of the Development Management Policies Document (2015).
(14) The development hereby approved shall not be first occupied unless and until the facilities for the secure parking for a minimum of 54 bicycles within the development site have been provided in accordance with the approved plans and thereafter shall be retained and maintained to the satisfaction of the Local Planning Authority.
Reason: In order that the development does not prejudice highway safety nor cause inconvenience to other highway users in accordance with Policy CS16 of the Core Strategy 2007.
(15) The occupant of each residential unit shall be provided with a travel information pack regarding the availability of and whereabouts of local public transport / walking / cycling / car sharing clubs / car clubs, in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority.
Reason: In recognition of Section 9 “Promoting Sustainable Transport” in the National Planning Policy Framework 2019.
(16) The development hereby approved shall not be occupied unless and until each of the proposed parking spaces are provided with a fast charge socket (current minimum requirements - 7 kw Mode 3 with Type 2 connector - 230v AC 32 Amp single phase dedicated supply) in accordance with a scheme to be submitted and approved in writing by the Local Planning Authority and thereafter retained and maintained to the satisfaction of the Local Planning Authority.
Reason: The condition above is required in order that the development should not prejudice highway safety, nor cause inconvenience to other highway users, and to accord with the National Planning Policy Framework 2018 and Policy DM 36 Sustainable Transport for New Development, of the Epsom & Ewell Borough Council Development Management Policies Document September 2015.
(17) No part of the development shall be first occupied unless and until the proposed vehicular access to London Road has been constructed and provided with visibility zones in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority (in general accordance with drawing SK01 Rev G) and thereafter the visibility zones shall be kept permanently clear of any obstruction over 0.6m high.
Reason: In order that the development does not prejudice highway safety nor cause inconvenience to other highway users in accordance with Policy CS16 of the Core Strategy 2007.
(18) The development hereby approved shall not be first occupied unless and until a pedestrian inter-visibility splay measuring 2m by 2m has been provided on each side of the access to London Road, the depth measured from the back of the footway and the widths outwards from the edges of the access. No obstruction to visibility between 0.6m and 2m in height above ground level shall be erected within the area of such splays.
Reason: In order that the development does not prejudice highway safety nor cause inconvenience to other highway users in accordance with Policy CS16 of the Core Strategy 2007.
(19) The development hereby approved shall not be first occupied unless and until the existing access from the site to London Road has been permanently closed and any kerbs, verge, footway, fully reinstated.
Reason: In order that the development does not prejudice highway safety nor cause inconvenience to other highway users in accordance with Policy CS16 of the Core Strategy 2007.
(20) 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 for vehicles to turn so that they may enter and leave the site in forward gear. Thereafter the parking and turning areas shall be retained and maintained for their designated purposes.
Reason: In order that the development does not prejudice highway safety nor cause inconvenience to other highway users in accordance with Policy CS16 of the Core Strategy 2007.
(21) 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) loading and unloading of plant and materials
c) storage of plant and materials
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 has been submitted to and approved in writing by the Local Planning Authority. Only the approved details shall be implemented during the construction of the development.
Reason: In order that the development does not prejudice highway safety nor cause inconvenience to other highway users in accordance with Policy CS16 of the Core Strategy 2007.
(22) Prior to the occupation of the development a Car Park Management Plan shall be submitted for the written approval of the Local Planning Authority and then the approved Car Park Management Plan shall be implemented and for each and every subsequent occupation of the development, to the satisfaction of the Local Planning Authority.
Reason: To ensure the efficient and functional use of the car parking area, to safeguard the amenity of future occupiers of the approved development and to ensure that the development does not prejudice highway safety nor cause inconvenience to other highway users in compliance with Policy DM10, DM37 of the Development Management Policies Document 2015 and Policy CS16 of the Core Strategy 2007.
(23) The development shall be carried out in strict accordance with the sustainable design measures contained in the Energy and Sustainability Report prepared by Envision, dated 1 July 2020, prior to the first occupation of the building, and shall be maintained as such thereafter and no change shall take place without the prior written consent of the local planning authority.
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 in accordance with Policy CS6 of the Core Strategy (2007).
(24) The development hereby permitted shall not commence until details of the design of a surface water drainage scheme have been submitted to and approved in writing by the planning authority. The design must satisfy the SuDS Hierarchy and be compliant with the national Non-Statutory Technical Standards for SuDS, NPPF and Ministerial Statement on SuDS. The required drainage details shall include:
a) The results of infiltration testing completed in accordance with BRE Digest: 365 and confirmation of groundwater levels.
b) Evidence that the proposed final solution will effectively manage the 1 in 30 & 1 in 100 (+40% allowance for climate change) storm events, during all stages of the development. Associated discharge rates and storage volumes shall be provided using a maximum discharge rate equivalent of 1l/s.
c) Detailed drainage design drawings and calculations to include: a finalised drainage layout detailing the location of drainage elements, pipe diameters, levels, and long and cross sections of each element including details of any flow restrictions and maintenance/risk reducing features (silt traps, inspection chambers etc.).
d) A plan showing exceedance flows (i.e. during rainfall greater than design events or during blockage) and how property on and off site will be protected.
e) Details of drainage management responsibilities and maintenance regimes for the drainage system.
f) Details of how the drainage system will be protected during construction and how runoff (including any pollutants) from the development site will be managed before the drainage system is operational.
Reason: To ensure the Drainage System is constructed to the National Non-Statutory Technical Standards for SuDS, in accordance with Policy CS6 of the Epsom and Ewell Core Strategy (2007) and Policy DM19 of the Development Management Policies 2015.
(25) Prior to the first occupation of the development, a verification report carried out by a qualified drainage engineer must be submitted to and approved by the Local Planning Authority. This must demonstrate that the drainage system has been constructed as per the agreed scheme (or detail any minor variations), provide the details of any management company and state the national grid reference of any key drainage elements (surface water attenuation devices/areas, flow restriction devices and outfalls).
Reason: To ensure the Drainage System is constructed to the National Non-Statutory Technical Standards for SuDS, in accordance with Policy CS6 of the Epsom and Ewell Core Strategy (2007) and Policy DM19 of the Development Management Policies 2015.
(26) All dwellings hereby approved shall comply with Regulation 36 (2)(b) and Part G2 of the Building Regulations - Water Efficiency.
Reason: In order to comply with Policy CS6 (Sustainability in New development) of the LDF Core Strategy (2007).
(27) All non-CHP space and hot water fossil fuel (or equivalent hydrocarbon based fuel) boilers installed as part of the development must achieve dry NOx emission levels equivalent to or less than 30 mg/kWh.
Reason: To protect air quality and people’s health by ensuring that the production of air pollutants, such as nitrogen dioxide and particulate matter, are kept to a minimum during the course of building works and during the lifetime of the development. To contribute towards the maintenance or to prevent further exceedances of National Air Quality Objectives.
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 38 of the National Planning Policy Framework 2019.
(2) This form of development is considered liable for the Community Infrastructure Levy (CIL). CIL is a non-negotiable charge on new developments which involve the creation of 100 square metres or more of gross internal floorspace or involve the creation of a new dwelling, even when this is below 100 square metres. The levy is a standardised, non-negotiable charge expressed as pounds per square metre, and are charged on the net additional floorspace generated by a development. You will receive more information regarding the CIL in due course.
More information and the charging schedule are available online:
(3) The permission hereby granted shall not be construed as authority to carry out any works on the highway or any works that may affect a drainage channel/culvert or water course. The applicant is advised that a permit and, potentially, a Section 278 agreement 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. All works on the highway will require a permit and an application will need to submitted to the County Council's Street Works Team up to 3 months in advance of the intended start date, depending on the scale of the works proposed and the classification of the road. Please see:
The applicant is also advised that Consent may be required under Section 23 of the Land Drainage Act 1991. Please see:
www.surreycc.gov.uk/people-and-community/emergency-planningand-community-safety/floodingadvice.
(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) The developer is advised that as part of the detailed design of the highway works required by the above condition(s), the County Highway Authority may require necessary accommodation works to street lights, road signs, road markings, highway drainage, surface covers, street trees, highway verges, highway surfaces, surface edge restraints and any other street furniture/equipment.
(6) 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/organisation responsible for the damage.
(7) It is the responsibility of the developer to ensure that the electricity supply is sufficient to meet future demands and that any power balancing technology is in place if required. Please refer to:
http://www.beama.org.uk/resourceLibrary/beama-guide-to-electricvehicle-infrastructure.html for guidance and further information on charging modes and connector types
(8) The permission hereby granted shall not be construed as authority to obstruct the public highway by the erection of scaffolding, hoarding or any other device or apparatus for which a licence must be sought from the Highway Authority Local Highways Service.
(9) Notwithstanding any permission granted under the Planning Acts, no signs, devices or other apparatus may be erected within the limits of the highway without the express approval of the Highway Authority. It is not the policy of the Highway Authority to approve the erection of signs or other devices of a non-statutory nature within the limits of the highway.
Supporting documents:
PDF 2 MB