Agenda item

Development Site At 65 London Road, Ewell, Surrey, KT17 2BL

Construction of a three to five-storey building plus basement for use as a care home (Use Class C2) with up to 81 bedrooms and associated communal spaces and services, together with associated car and cycle parking, refuse storage and ancillary works.

Minutes:

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

Description:

Officer Recommendation:

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

Decision:

Following consideration, Councillor Phil Neale proposed that an informative be added to address the timings of staff shift swap-overs and any actions the applicant could take in order to mitigate the impact on the local area in terms of the traffic generated by the staff coming to and leaving the site.

The proposal did not receive a seconder and consequently the motion was lost.

Following further consideration, the Acting Chair put the Officer recommendation to the vote. The Committee resolved (5 in Favour, 3 Against, and the Acting Chair not voting):

PART A

To grant planning permission subject to a Section 106 Agreement securing the following Heads of Terms:

· Bus Stop Infrastructure at both the A24 northside bus stop and A24 southside bus stop, to include shelters and real time passenger information

· Push button controlled pedestrian crossing facilities on London Road

· A 3m wide footway on both the London Road and Ewell Bypass frontages to the Site

· Travel Plan Auditing fee of £6,150

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) 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 details

The development hereby permitted shall be carried out in accordance with the following approved plans: 420(SP)01 - Location Plan

420(SP)03 Rev P00 - Proposed Site Plan

420(SP)04 Rev P00 - Proposed Ground Floor Site Plan

GA 420(GA)01 Rev P00 - Proposed Basement Floor GA

420(GA)02 Rev P00 - Proposed Ground Floor GA

420(GA)03 Rev P00 - Proposed First Floor GA

420(GA)04 Rev P00 - Proposed Second Floor GA

420(GA)05 Rev P00 - Proposed Third Floor GA

420(GA)06 Rev P01 - Proposed Fourth Floor GA

420(GA)07 Rev P00 - Proposed Roof Plan GA

420(GA)20 Rev P00 - Proposed Elevations GA - Proposed Streetscapes

420(GA)21 Rev P00 - Proposed Elevations GA – Southwest

420(GA)22 Rev P00 - Proposed Elevations GA – Southeast

420(GA)23 Rev P00 - Proposed Elevations GA – Northwest

420(GA)24 Rev P00 - Proposed Elevations GA – Northeast

D0456_001_C - Landscape Proposal Hard works

D0456_002_D - Landscape Proposal Soft works

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) Materials

Prior to the commencement of development, 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) 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) programme of works

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 (or measures for traffic management)

k) has been submitted to and approved in writing by the Local Planning Authority. Only

l) the approved details shall be implemented during the construction of the development

Reason: In order that the development should not prejudice highway safety nor cause inconvenience to other highway users. To support the sustainable development objectives of the National Planning Policy Framework 2023

(5) Means of enclosure

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, in consultation with the Highway Authority in respect of the details of the boundary treatment at the southernmost corner of the site. Development shall be carried out in accordance with the approved details prior to the development first being occupied and shall thereafter be retained

(6) Travel Plan

Prior to the occupation of the development a Travel Plan shall be submitted for the written approval of the Local Planning Authority in accordance with the sustainable development aims and objectives of the National Planning Policy Framework, Surrey County Council’s “Travel Plans Good Practice Guide”, and in general accordance with the 'Heads of Travel Plan' document (if appropriate, specify).

And then the approved Travel Plan shall be implemented (trigger point to be added on site specific basis) and for each and every subsequent occupation of the development, thereafter maintain and develop the Travel Plan to the satisfaction of the Local Planning Authority

(7) London Road access

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 contained in the Transport Assessment, June 2023) and thereafter the visibility zones shall be kept permanently clear of any obstruction over 0.6m high

(8) 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 to the satisfaction of the Local Planning Authority

(9) Car Park Management Plan

Prior to occupation of the development hereby approved, a Car Park Management Plan, to identify and manage the users of the parking spaces (including but not limited to staff and visitors) shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the Car Park Management Plan shall be implemented in accordance with the approved details.

Reason: In the interests of road safety and to prevent obstruction of the highway and public areas by inappropriate overspill parking. To support the sustainable development objectives of the National Planning Policy Framework 2023

(10) SuDS details

The development hereby permitted shall not commence until details of the design of a surface water drainage scheme (with reference to the revised drainage strategy set out in EAS letter dated 8 September 2023) 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. 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 storage volumes shall be provided using an infiltration-based strategy.

b. 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.). Including details of the rainwater planters.

c. 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. Confirmation is required of a 1m unsaturated zone from the base of any proposed soakaway to the seasonal high groundwater level and confirmation of half-drain times.

d. Details of drainage management responsibilities and maintenance regimes for the drainage system.

e. 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.

The agreed scheme must be implemented prior to the commencement of development and maintained throughout the lifetime of the development.

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.

(11) SuDS verification report

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

(12) Piling Method Statement

No piling shall take place until a piling method statement (detailing the depth and type of piling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to subsurface sewerage infrastructure, and the programme for the works) has been submitted to and approved in writing by the Local Planning Authority in consultation with Thames Water. Any piling must be undertaken in accordance with the terms of the approved piling

(13) Nitrogen dioxide assessment

Prior to first occupation of the development, the applicant shall submit a report to be approved in writing by the local planning authority, setting out the approach to reducing levels of nitrogen dioxide in the ground floor residences to acceptable concentrations. The report shall include modelling to predict internal concentrations under a range of circumstances, demonstrate the degree by which occupants can open windows, the frequency of filter changes necessary to maintain efficiency, report the specification of the proposed mechanical system and include sufficient calculations to show the necessary filter dwell time and air volume movement is being achieved.

The agreed scheme must be implemented prior to the occupation of the development and maintained throughout the lifetime of the development.

Reason: To safeguard the residential amenity of neighbouring occupiers in accordance with Policy DM10 of the Development Management Policies 2015

(14) Noise treatment details

No development shall take place until a scheme for the suitable treatment of all plant and machinery against the transmission of noise has been submitted to and approved in writing by the local planning authority. The measures shall be implemented in strict accordance with the approved details prior to the occupation of the development and thereafter retained as such.

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

(15) Internal noise criteria details

Prior to first occupation of the development, the applicant shall submit a report to be approved in writing by the local planning authority setting out the proposed glazing specification and room ventilation approach to include sufficient calculations for compliance with the internal noise criteria contained within BS 8233:2014 and the ANC/IoA Acoustics Ventilation and Overheating Residential Design guide. Such a report shall form the basis of noise and overheating assessment and sufficient mitigation strategies for both shall be defined.

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

(16) Ground/groundwater contamination

A desk study has been submitted with this planning application. A detailed scheme of risk management shall be designed and submitted to the Local Planning Authority for approval, prior to the commencement of development, if ground/groundwater contamination, filled ground and/or ground gas is found to present unacceptable risks.

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, prior to the commencement of development.

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

(17) Remediation scheme

Prior to any occupation of the site, the approved remediation scheme, if required under Condition 16, must be carried out in accordance with its terms. Following completion and prior to occupation, 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

(18) 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 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.

(19) Stopping up of existing access

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.

(20) 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 purposes.

(21) Cycle parking

The development hereby approved shall not be first occupied unless and until the facilities for the secure parking of bicycles within the development site has been provided in accordance with the approved plans and thereafter shall be retained and maintained to the satisfaction of the Local Planning Authority

(22) Restricting use of car parking spaces

Residents of the development shall not be allowed to utilise the car parking spaces for parking of vehicles.

(23) Unexpected contamination

In the event that contamination is found at any time when carrying out the approved development that was not previously identified 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.

(24) 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; 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

(25) Compliance with Reptile Survey

The development hereby approved shall be carried out in accordance with the protection, mitigation, recommendation and enhancement measures detailed in the (WE) Ecological Appraisal Report, dated June 2023 and the (WE) Reptile Survey, dated June 2020. 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

(26) Compliance with Sustainability Report

The development hereby approved shall be carried out in accordance the Energy and Sustainability Report, dated May2023. The approved measures shall thereafter be maintained.

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)

(27) Landscape design proposal

The development shall take place in accordance with D0456_001_C - Landscape Proposal Hard works and D0456_002_D - Landscape Proposal Soft works. The landscape scheme (with the exception of planting, seeding and turfing) shall be implemented prior to the occupation of the development hereby approved and thereafter retained

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

Informatives:

(1) 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:http://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

(2) 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)

(3) 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

(4) 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

(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. 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

(6) 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

(7) 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

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

(9) 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’s website. 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 designated so they do not have an adverse effect on groundwater. If there are any further queries please contact the Flood Risk, Planning, and Consenting Team via SUDS@surrey.gov.uk.uk.

(10) As required by Building Regulations part H, paragraph 2.36, Thames Water requests that the Applicant should incorporate within their proposal, protection to the property to prevent sewage flooding, by installing a positive pumped device (or equivalent reflecting technological advances), on the assumption that the sewage network may surcharge to ground level during storm conditions. If as part of the basement development there is a proposal to discharge ground water to the public network, this would require a Groundwater Risk Management Permit from Thames Water. Any discharge without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991.

(11) Thames Water would expect the developer to demonstrate what measures will be undertaken to minimise groundwater discharged into the public sewer.

(12) Thames Water would advise that management of surface water from new development should follow Policy SI 13 Sustainable Drainage of the London Plan 2021. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services would be required,

(13) Thames Water recommend that petrol/oil interceptors be fitted in all car parking/washing/repair facilities.

(14) There are public sewers crossing or close to the Site. If significant work is planned near to the sewers, t’s important that you minimise risk of damage. The Applicant is advised to read Thames Water’s guide to working near to or diverting pipes.

(15) Thames Water advises the Applicant that the development boundary falls within a Source Protection Zone for groundwater abstraction. These zones may be at particular risk from polluting activities on or below the land surface. To prevent pollution, the Environment Agency and Thames Water (or other local water undertaker) will use a tiered, risk-based approach to regulate activities that may impact groundwater resources. The Applicant is encouraged to read the Environment Agency’s approach to groundwater protection and may wish to discuss implications for their development with a suitably qualified environmental consultant.

Supporting documents: