Agenda item

23/00488/FUL The Wells, 3 - 13 Church Street, Epsom KT17 4PF

Change of use from Office (Use Class E (g)(i)) to Education (Use Class F1(a)) and associated works.

Minutes:

The Committee received a presentation on the application from the Principal Planning Officer.

Description:

Change of use from Office (Use Class E (g)(i)) to Education (Use Class F1(a)) and associated works.

Officer Recommendation:

To grant planning permission subject to conditions and informatives.

Public Speaking:

The Agent Spoke in favour of the application.

Decision:

In the interest of sustainability, Councillor Phil Neale proposed that a condition be added requiring that solar panels to be mounted on the building prior to occupation of the building.

The proposal was seconded by Councillor Julian Freeman.

The Committee voted (3 for, 4 against, 1 abstention, and the Chair not voting) against the proposal.

Following consideration, the Committee resolved (7 for, 1 abstention, and the Chair not voting) to:

Grant planning permission subject to conditions and informatives.

Conditions:

(1)          The development hereby permitted shall begin before the expiration of three years from the date of this permission.

Reason: To comply with Section 91(1) 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:

630438.01 – Site Location Plan

630438.02 - Existing Site Plan

630438.04 - Existing Basement Plan

630438.06 - Existing Ground Floor Plan

630438.08 - Existing First Floor Plan

630438.10 - Existing Second Floor Plan

630438.12.13 - Existing Elevations 1 and 2

630438.16.17 - Existing Elevations 3 and 4

630438.20.21 - Existing Section A-A and B-B

630438.24.25 - Existing Section C-C and D-D

630438.03 - Proposed Site Plan

630438.05 - Proposed Basement Plan

630438.07 - Proposed Ground Floor Plan

630438.09 - Proposed First Floor Plan

630438.11 - Proposed Second Floor Plan

630438.14.15 - Proposed Elevations 1 and 2

630438.18.19 - Proposed Elevations 3 and 4

630438.22.23 - Proposed Section A-A and B-B

630438.26.27 - Proposed Section C-C and D-D

Reason: For avoidance of doubt and in the interests of proper planning 4

(3)          The building(s) hereby permitted shall be used for education/teaching space, Use Class F1(a) of the Town and Country Planning (Use Classes) Order 1987 (as amended) and for no other purpose.

Reason: In order to safeguard the amenities of the occupiers of neighbouring properties, visual amenity and highway safety in accordance with Policies CS5 and CS16 of the Core Strategy (2007) and Policies DM9 and DM10 of the Development Management Policies 2015

(4)          Works related to the construction of the development hereby permitted, including works of 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: In order to safeguard the amenities of the occupiers of neighbouring properties in accordance with Policy DM10 of the Development Management Policies 2015

(5)          The development shall accord with the Flood Risk Assessment, Lustre, dated April 2023, including its mitigation measures and recommendations, for the entirety of the development.

Reason: To prevent an increased risk of flooding, to prevent pollution of the water environment and to ensure principles of sustainable drainage are incorporated into the development in accordance with Policy CS6 of the Epsom and Ewell Core Strategy (2007) and Policy DM19 of the Development Management Policies 2015

(6)          The existing vehicle parking (and turning) area at the premises shall be permanently retained and maintained for their designated purposes

Reason: In order that the development should not prejudice highway safety nor cause inconvenience to other highway users. Also, to support sustainable development objectives of the National Planning Policy Framework (2021) and policies DM36 and DM37 of the Development Management Policies Document (2015)

(7)          The development hereby approved shall not be occupied unless and until at least 10 of the available parking spaces are provided with a fast charge socket (current minimum requirement: 7kw Mode 3 with Type 2 connector - 230 v AC 32 amp single phase dedicated supply) in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority

Reason: In order that the development should not prejudice highway safety nor cause inconvenience to other highway users. Also, to support sustainable development objectives of the National Planning Policy Framework (2021) and policies DM36 and DM37 of the Development Management Policies Document (2015)

(8)          The development hereby approved shall not be first occupied unless and until the following facilities have been provided in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority for:

a)            The secure parking of bicycles within the development site

b)            Facilities within the development site for cyclist to change into and out of cyclist equipment/shower

c)            Facilities within the development site for cyclists to store cyclist equipment

Reason: In order that the development should not prejudice highway safety nor cause inconvenience to other highway users. Also, to support sustainable development objectives of the National Planning Policy Framework (2021) and policies DM36 and DM37 of the Development Management Policies Document (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)          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 and in some circumstances, carry out groundworks within 6 metres of an adjoining building.

(4)          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

(5)          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. Electric Vehicle Charging Points shall be provided in accordance with the Surrey County Council Vehicular, Cycle and Electric Vehicle Parking Guidance for New Development 2022. Where undercover parking areas (multi-storey car parks, basement or undercroft parking) are proposed, the developer and LPA should liaise with Building Control Teams and the Local Fire Service to understand any additional requirements. If an active connection costs on average more than £3600 to install, the developer must provide cabling (defined as a ‘cabled route’ within the 2022 Building Regulations) and two formal quotes from the distribution network operator showing this

(6)          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 offender (Highways Act 1980 Sections 131, 148, 149)

(7)          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

(8)          The applicant is expected to ensure the safe operation of all construction traffic to prevent unnecessary disturbance obstruction and inconvenience to other highway users. Care should be taken to ensure that the waiting, parking, loading and unloading of construction vehicles does not hinder the free flow of any carriageway, footway, bridleway, footpath, cycle route, right of way or private driveway or entrance. The developer is also expected to require their contractors to sign up to the "Considerate Constructors Scheme" Code of Practice, (www.ccscheme.org.uk) and to follow this throughout the period of construction within the site, and within adjacent areas such as on the adjoining public highway and other areas of public realm

Supporting documents: