Agenda item

23/00110/FUL 107-111 East Street, Epsom, Surrey, KT17 1EJ

Demolition of the existing buildings and construction of a two-storey building with part basement/lower ground floor, with roof accommodation, comprising 16 self-contained dwellings (Use Class C3), together with associated car and cycle parking, refuse storage, hard and soft landscaping and associated works

Minutes:

The Committee received a presentation from the Principal Planning Officer. The Principal Planning Officer asked that the Committee note the updates to the paragraphs, recommendation and conditions of the report, as set out in the agenda supplement (Item 6: supplementary Information - Update Report). She informed the Committee that Officers also recommended that the wording of condition 18 (Existing Access) be updated, following discussion with Surrey County Council Highways, in order to ensure that the development would not be first occupied until the existing vehicular access on the site onto East Street had been permanently closed, and any kerbed verge footway fully reinstated, subject to a design to be agreed with the County Highway Authority.

The Agent spoke in support of the application.

Description:

Officer Recommendation:

To authorise the Head of Place to grant Planning Permission, subject to Planning Conditions, and subject to a S106 Agreement of the Town and Country Planning Act 1990 (as amended) being completed and signed by 08 September 2023 to secure Heads of Terms.

Decision:

In the interest of the privacy of residents, Councillor Neil Dallen proposed that the recommendation be amended to add a condition requiring that all communal windows on the north-eastern elevation (facing towards 113 East Street) must be fitted with obscure glazing. The proposal was seconded by Councillor Jan Mason.

The Committee agreed (6 for, 3 Abstaining, and the Chair not voting) to add the condition to the recommendation.

In the interest of the safety of disabled and sight-impaired pedestrians, Councillor Neil Dallen proposed that the recommendation be amended to add a condition requiring tactile paving to be laid where the pavements meet the road into the Development Site. The proposal was seconded by Councillor Jan Mason.

The Committee unanimously agreed to add the condition to the recommendation.

In the interest of ensuring parking availability for residents, Councillor Jan Mason proposed that the recommendation be amended to add a condition requiring that each flat be allocated a parking space. The proposal was seconded by Councillor Steven McCormick.

The Committee agreed (6 for, 1 Against, 2 Abstaining, and the Chair not voting) to add the condition to the recommendation.

Following consideration, the Committee unanimously resolved to:

Authorise the head of place to grant planning permission, subject to the Planning Conditions stipulated below, and subject to a S106 Agreement of the Town and Country Planning Act 1990 (as amended) being completed and signed by 08 September 2023 to secure the following Heads of Terms:

· A Viability Review Mechanism, which is triggered if works on-site have not reached construction of the first-floor slab within 20 months of Planning Permission being granted.

· Monitoring fee

· Legal costs

Conditions:

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

EX (00) - PL3 – Location Plan – dated January 2023

(EX)02-PL3 - Existing Site Plan – dated January 2023

(EX)01-PL3 - Existing Block Plan – dated January 2023

(EX)03-PL3 - Existing Floor Plans – dated January 2023

(EX)04-PL3 - Existing Elevations Sheet 01 - dated January 2023

(EX)05-PL3 - Existing Elevations Sheet 02 - dated January 2023

(GA)01-PL3 – Proposed Block Plan – dated January 2023

GA)08-PL3 – Proposed Site Plan – dated January 2023

(GA)03-PL3 - Proposed Floor Plans Sh1 - dated January 2023

(GA)04-PL3 - Proposed Floor Plans Sh2 - dated January 2023

(GA)05-PL3 – Proposed Floor Plans Sh3 - dated January 2023

GA)08-PL3 – Proposed Street Elevation – dated January 2023

(GA)06-PL3 - Proposed Elevations Sheet 01 - dated January 2023

(GA)07-PL3 - Proposed Elevations Sheet 02 - dated January 2023

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) External materials: Prior to the commencement of development (excluding works of demolition), 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 DM9 and DM10 of the Development Management Policies 2015

(4) Boundary treatments: Prior to above ground works (excluding works of demolition) details of all boundary treatments to be used for the development shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be constructed in accordance with the approved details

Reason: To secure a satisfactory appearance on completion of the development in accordance with Policy CS5 (The Built Environment) of the LDF Core Strategy (2007) and Policies DM9 (Townscape Character and Local Distinctiveness) and DM10 (Design Requirements for New Developments (including House Extensions)) of the LDF Development Management Policies Document (2015)

(5) Hard and soft landscaping: Prior to above ground works (excluding works of demolition) details of a scheme of hard and soft landscaping shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall include details of the materials used for the widened access road, footpath and car park entrance/exit crossover, with consideration given to the principles of shared space that ensures a safe environment for all, particularly pedestrians. The approved scheme shall be implemented so that planting can be carried out during the first planting season following the 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 or shrubs which die during this period shall be replaced in the first available planting season, and the area shown to be landscaped shall be permanently retained for that purpose only, unless otherwise agreed in writing by the Local Planning Authority

Reason: In the interests of visual amenity and to secure a satisfactory appearance on completion of the development in accordance with Policy DM10 (Design Requirements for New Developments (including House Extensions)) of the LDF Development Management Policies Document (2015)

(6) Ground contamination desk study: Prior to the commencement of development, a ground contamination desk study and Conceptual Site Model shall be undertaken in accordance with current best practice guidance. The results of the desk study shall be submitted to and approved by the Local Planning Authority

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors, in accordance with Policy DM17 of the Development Management Policies 2015 and the National Planning Policy Framework.

(7) Intrusive ground investigation and risk assessment: If the desk study Conceptual Site Model indicates there are ground contamination risks, intrusive ground investigation and risk assessment shall be undertaken following any demolition and prior to the commencement of further development in accordance with current best practice guidance to determine the existence, extent and concentrations of any made ground/fill, ground gas and contaminants with the potential to impact sensitive receptors on and off-site. The report of the findings, including the revised Conceptual Site Model, shall be submitted to and approved by the Local Planning Authority and must include:

(i) a survey of the extent, scale and nature of contamination;

(ii) an assessment of the potential risks to:

· human health;

· property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes;

· adjoining land;

· groundwaters and surface waters;

· ecological systems;

· archaeological sites and ancient monuments;

(iii) an appraisal of remedial options (if remediation is deemed necessary), and proposal of the preferred option(s)

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors, in accordance with Policy DM17 of the Development Management Policies 2015 and the National Planning Policy Framework.

(8) Risk Management Measures: If ground/groundwater contamination, filled ground and/or ground gas are found to present unacceptable risks, prior to the commencement of further development unless otherwise agreed in writing by the Local Planning Authority, and in accordance with current best practice guidance, a detailed scheme of risk management measures to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment shall be designed and submitted to the Local Planning Authority for approval. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures including waste management and waste disposal

(9) Remediation Scheme: Prior to any occupation of the site, the approved remediation scheme prepared must be carried out in accordance with its terms. The Local Planning Authority and Contaminated Land Officer must be given two weeks written notification of commencement of the remediation scheme works

(10) Verification Report: Following completion of the remedial scheme and prior to any occupation of the site, a verification report that demonstrates the effectiveness of the remediation carried out must be produced and is subject to the approval in writing of the Local Planning Authority.

(11) Unexpected contamination: In the event that contamination is found at any time when carrying out the approved development that was not previously identified, development must be halted on that part of the site affected by the unexpected contamination and it must be reported in writing immediately to the Local Planning Authority. In that event, an investigation and risk assessment must be undertaken and where remediation is deemed necessary a remediation scheme must be prepared which is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority

(12) Certificate of completion: A certificate of completion, shall be provided to the Local Planning Authority by an appropriate person, before occupation of any part of the site by any end user, stating that remediation has been carried out in accordance with the approved remediation scheme and that the site is suitable for the permitted end use

(13) Monitoring and Maintenance Scheme: A monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation and the provision of reports on the same must be prepared, both of which are subject to the approval in writing of the Local Planning Authority. Following completion of the measures identified in that scheme and when the remediation objectives have been achieved, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be produced, and submitted to the Local Planning Authority. These must be conducted in accordance with current best practice guidance.

(14) Sustainable drainage: The development hereby permitted shall not commence until details of the design of a surface water drainage scheme has 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) Evidence that the proposed final solution will effectively manage the 1 in 30(+35% allowance for climate change) & 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 of 1 l/s.

a) 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.)

b) 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 from increased flood risk.

c) Details of drainage management responsibilities and maintenance regimes for the drainage system

d) 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 design meets the national Non-Statutory Technical Standards for SuDS and the final drainage design does not increase flood risk on or off site in accordance with Section 15 of the National Planning Policy Framework 2021 and Policy DM19 of the Development Management Policies 2015

(15) Sustainable drainage verification: 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 surface water 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), and confirm any defects have been rectified

Reason: To ensure the Drainage System is constructed to the National Non-Statutory Technical Standards for SuDS in accordance with Section 15 of the National Planning Policy Framework 2021 and Policy DM19 of the Development Management Policies 2015

(16) 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) loading and unloading of plant and materials

c) storage of plant and materials

d) provision of boundary hoarding behind any visibility zones

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) no HGV movements to or from the site shall take place between the hours of 7.30 and 9.30 am and 3.00 and 5.00 pm nor shall the contractor permit any HGVs associated with the development at the site to be laid up, waiting, in Kiln Lane or East Street (A24) during these times

h) on-site turning for construction vehicles (or measures for traffic management) 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, to support sustainable development objectives of the National Planning Policy Framework 2021 and to satisfy policies DM 35, DM 36 and DM 37 of the Development Management Policies Document (2015).

(17) Pedestrian splays: 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 modified access to Kiln Lane and modified access from the sites parking area onto the private access road, the depth measured from the back of the footway (or verge) 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 for the life of the development.

(18) EV charging: 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 for the life of the development.

(19) Cycle storage: The development hereby approved shall not be first occupied unless and until facilities for the secure, covered parking of bicycles and the provision of a charging point for e-bikes by said facilities have been provided within the development site for a minimum of 19 bicycles, in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority and thereafter the said approved facilities shall be provided, retained and maintained for the life of the development.

(20) Travel measures: At first occupation of the development, each unit shall be provided with a travel information pack, including information for residents regarding the availability of and whereabouts of local public transport/walking/cycling/car sharing clubs/car clubs and include a £50 oyster card contribution in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority.

(21) Access operation: No part of the development shall be first occupied unless and until the proposed modified access onto Kiln Lane has been constructed and provided with visibility zones in general accordance with the approved plans (GA)02-PL3) and thereafter shall be permanently retained and maintained

(22) Access widening: The development shall not be first occupied unless and until the existing private access road has been widened to 5m between Kiln Lane and the access to the proposed parking area, in general accordance with (GA)02-PL3, and thereafter shall be permanently retained and maintained

(23) Existing access: The development hereby approved shall not be first occupied unless and until the existing vehicular access from the site onto East Street has been permanently closed and any kerbs, verge, footway, fully reinstated, subject to a design agreed with the County Highway Authority to retain an element of dropped kerb to allow for wheeled bin access.

(24) Car 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 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 purpose

(25) Tactile Paving: Prior to the occupation of the development, details of tactile paving shall be submitted to and approved in writing by local planning authority. It shall include details of such paving as laid where the pavements meet the road into the Development Site and implemented prior to first occupation of the development hereby permitted. Thereafter the tactile paving shall be retained and maintained for its designated purpose.

(26) Hours of work: Works related to the construction of the development hereby permitted, including works of demolition or preparation prior to building operations or deliveries of materials relating to the construction of the development, 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: In order to safeguard the amenities of the occupiers of neighbouring properties in accordance with Policy DM10 of the Development Management Policies 2015

(27) Compliance with Ecology Report: The development hereby approved shall be carried out in accordance with the protection, mitigation and enhancement measures detailed in the letter, by WE, January 2023 and supporting Reports. The approved measures shall thereafter be maintained for the life of the development

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

(28) Compliance with Energy and Sustainability Report: The development shall accord with the Energy and Sustainability Report (ref: Envision, Rev C, 26th January 2023) to ensure that the proposal delivers sustainability measures compatible with the Local Planning Authority’s requirements for sustainable design and construction. The requirements within the report shall be implemented prior the first occupation of the development and thereafter maintained for the life of the development.

Reason: To accord with sustainable design and construction, in accordance with Policy CS6 of the Core Strategy 2007

(29) Obscure glazing: Before any occupation of the development hereby permitted, the bathroom windows of Units 1 -03 and 2-02 (ref: (GA)04-PL3 - Proposed Floor Plans Sh2 – dated January 2023) and all communal windows on the north-eastern elevation (facing towards 113 East Street) shall be constructed so that no part of the framework less than 1.7m above finished floor level shall be openable. Any part below that level shall be fitted with, and retained in, obscure glazing to a minimum of level 3 on the standard scale for the life of the development. Any film used to achieve the requisite obscurity level shall be non-perishable and tamper-proof, and must be replaced in the event that it ceases in obscurity level 3

Reason: To protect the amenities and privacy of the proposed new residential property in accordance with Policy DM10 (Design Requirements for New Developments (including House Extensions) of the LDF Development Management Policies Document (2015)

(30) Car Park Management Plan: Prior to the occupation of the development, a Car Park Management Plan shall be submitted to the Local Planning Authority for approval in writing. The plan must allocate car parking spaces to the flats and set out how car parking shall be managed on the site. Car parking spaces shall be clearly signed (e.g., wall mounted signage, painted demarcation on the hard surface) and maintained throughout the lifetime of the development.

Reason: In order that the development should not prejudice highway safety nor cause inconvenience to other highway users. Required in recognition of Section 9 "Promoting Sustainable Transport" in the National Planning Policy Framework 2019. To accord with NPPF 2019: Section 9 Promoting Sustainable Transport, and Epsom and Ewell Core Strategy 2007 and Epsom and Ewell 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

(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) If proposed site works affect an Ordinary Watercourse, Surrey County Council as the Lead Local Flood Authority should be contacted to obtain prior written Consent. More details are available on SCC LLFA website

(5) 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. Sub ground structures should be designed so they do not have an adverse effect on groundwater

(6) If there are any further queries please contact the Flood Risk, Planning, and Consenting Team via SUDS@surreycc.gov.uk. Please use our reference number in any future correspondence

(7) The permission hereby granted shall not be construed as authority to carry out any works (including Stats connections/diversions required by the development itself or the associated highway 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 (including Stats connections/diversions required by the development itself or the associated highway 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: www.surreycc.gov.uk/roads-and-transport/road-permits-and-licences/the-traffic-management-permit-scheme. 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-planning-and-community-safety/flooding-advice

(8) The developer is advised that as part of the detailed design of the highway works required by the above conditions, 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

(9) 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

(10) 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)

(11) 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-electric-vehicle-infrastructure.html for guidance and further information on charging modes and connector types

(12) 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

(13) 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.

Supporting documents:

107-111 East Street, Epsom, Surrey, KT17 1EJ, item 3. PDF 430 KB