Agenda item

Fourth floor roof extension to 83-85 East Street to provide three new residential apartments (comprising 1 x 1-bed unit; 1 x 2-bed unit; 1 x 3-bed unit) together with works to stair and lift cores and other associated works.

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

Description:

Fourth floor roof extension to 83-85 East Street to provide three new residential apartments (comprising 1 x 1-bed unit; 1 x 2-bed unit; 1 x 3-bed unit) together with works to stair and lift cores and other associated works.

Officer Recommendation:

Approval, subject to conditions, informatives, and s106 legal agreement.

Public Speaking:

The Agent spoke in support of the application.

Decision:

Following consideration, Councillor Clive Woodbridge proposed that condition 11 be amended to prevent any construction works from taking place on Saturdays, in order to further safeguard the amenities of the occupiers of the neighbouring properties and to prevent any nuisance from being caused to said occupiers as a result of construction works taking place on what is traditionally a non-working day.

The proposal was seconded by Councillor Neil Dallen.

The Committee voted (5 For, 2 Against, 1 Abstaining, and the Acting Chair not voting) in favour of the proposal.

Following further consideration, Councillor Neil Dallen proposed that the application be refused for the following reasons:

Reason: The proposed development would represent an overdevelopment that would fail to respect the pattern of development in the locality and would appear as an overly dominating and incongruous addition that would fail to respect the surrounding built form and the proposal would therefore fail to integrate with the prevailing character an appearance of the area, contrary to Section 12 of the National Planning Policy Framework, CS5 of the Core Strategy, and policies DM9, and 10 of the Development Management Plan.

Reason: The proposal would cause less than substantial harm to the setting of the conservation area for which the public benefits do not outweigh the harm and is contrary to section 16 of the National Planning Policy Framework, Policy CS5 of the Core Strategy and policies DM 8, 9, and 10 of the Development Management Plan.

The proposal was seconded by Councillor Peter O’Donovan.

The Committee voted (3 For, 4 Against, 1 Abstaining, and the Acting Chair not voting) against the proposal, and the motion was lost.

The Acting Chair subsequently put the Officer recommendation, as amended with the agreed change to Condition 11, to the vote. The Committee voted (3 For, 5 Against, and the Acting Chair not voting) against the recommendation, and the motion was lost.

Following further consideration, Councillor Peter O’Donovan proposed that the Officer recommendation to approve the application, as amended with the agreed change to Condition 11, be revisited, explaining that, since the previous vote, he had listened to debate and to the guidance of Officers and was now minded to vote differently.

The proposal was seconded by Councillor Kate Chinn.

The Committee voted (4 in favour, 4 against, and the Acting Chair exercising his right to a casting vote to vote in favour) in favour of the proposal.

Subsequently, the Committee resolved (4 in favour, 4 against, and the Acting Chair exercising his right to a casting vote to vote in favour):

PART A

To grant planning permission subject to the S106 Legal Agreement securing the following Heads of Terms:

a)            A clause to prevent occupation or use of the development by a person or person(s) in possession of an Epsom and Ewell Residents Parking Zone Permit.

and the following conditions and informatives.

PART B

In the event that the Section 106 Agreement referred to in Part A is not completed by 14 June 2024, the Head of Place Development is authorised to refuse the application for the following reason:

“In the absence of a completed legal obligation under Section 106 of the Town and Country Planning Act 1990, the applicant has failed to comply with Policy SC9 and CS16 of the Core Strategy 2007 and Policies DM36 and DM37 of the Development Management Policies Document 2015.”

Conditions:

(1)          Time Limit

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)          Approved Details

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

Drawing Number 2429_PL_051_C

Drawing Number 2429_PL_150_B

Drawing Number 2429_PL_151_B

Drawing Number 2429_PL_250_B

Drawing Number 2429_PL_251_B

Drawing Number 2429_PL_252_B

Drawing Number 2429_PL_253_B

Reason: For the avoidance of doubt and in the interests of proper planning as required by Policy CS5 of the Core Strategy 2007.

Pre-Commencement Conditions

(3)          Materials

No development shall commence unless and until 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 Policy DM10 of the Development Management Policies 2015.

(4)          Construction Transport Management Plan

No development shall commence unless and 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 East Street 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 for the development not to prejudice highway safety nor cause inconvenience to other highway users in accordance with the objectives of the NPPF 2023, and to satisfy policies DM35 and DM36 of the Development Management Policies 2015 and Policy CS16 of the Core Strategy 2007.

(5)          Construction Environmental Management Plan

No development shall commence unless and until a Construction Environmental Management Plan, to include details of, but not be limited to the following:

a)        contact details for persons on site with overall responsibility of compliance to the CEMP

b)        details of Resident liaison and communication, including complaints procedure

c)         measures to prevent noise and vibrations

d)        measures to prevent dust and protect air quality

e)        details of any proposed artificial lighting

f)          details of waste management and disposal of water

g)        control of emissions

h)        measures to prevent the loss or obstruction of access and egress for existing residents, including the use of the lift 

i)          Emergency response procedures

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 to safeguard the amenities of the occupiers of neighbouring properties in accordance with Policy DM10 of the Development Management Policies Document 2015.

Pre Occupation Conditions:

(6)          Refuse/Recycling Store Details

The development hereby approved shall not be first occupied unless and until details of the facilities for the secure and covered refuse/recycle stores within the development site have been provided in accordance a scheme to be submitted to and approved in writing by the Local Planning Authority, and thereafter the said approved facilities shall be provided prior to first occupation and retained and maintained to the satisfaction of the Local Planning Authority.

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 Policy DM10 of the Development Management Policies 2015.

(7)          Cycle Store Details

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 4 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 to the satisfaction of the Local Planning Authority.

Reason: In recognition of Section 9 'Promoting Sustainable Transport' in the National Planning Policy Framework 2019 to meet the objectives of the NPPF 2023, and to satisfy policies DM35 and DM36 of the Development Management Policies 2015.

(8)          Privacy Screening Details

Prior to any occupation of the development hereby permitted, details of privacy screening for the development shall be submitted to and agreed in writing by the Local Planning Authority.  The approved details shall be installed in accordance with the approved plans and maintained in such a condition before the terrace is first brought into use.

Reason: To protect the amenities and privacy of the adjoining residential properties in accordance with Policy DM10 of the Development Management Policies Document Adopted October 2015.

During and post development conditions

(9)          Retention of Parking/Turning Areas

The existing vehicle parking (and turning) area at the premises (as shown on the application drawings) shall be permanently retained and maintained for their designated purposes.

Reason: In order for the development not to prejudice highway safety nor cause inconvenience to other highway users in accordance with the objectives of the NPPF 2023, and to satisfy policies DM35 and DM36 of the Development Management Policies 2015 and Policy CS16 of the Core Strategy 2007.

(10)       Compliance with Sustainable Design Measures

The development shall be carried out in strict accordance with the sustainable design measures contained in the Energy and Sustainability Statement, prepared by Love Design Studio, dated December 2022, reference 1726 and dated July 2021, 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.

(11)       Hours of Work

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; with no work on Saturdays, 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 Document 2015.

(12)       No Additional Windows/Openings

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting this Order) no windows or other openings shall be formed in the development hereby approved without the prior written consent of the Local Planning Authority.

Reason: To protect the amenities and privacy of the occupiers of the adjoining residential properties in accordance with Policy DM10 of the Development Management Policies Document Adopted October 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.

(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 offenders (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 or organisation responsible for the damage.