15
18/P/01724 – 22 St Omer Road, Guildford 1
Not to scale
App No: 18/P/01724 8 Wk Deadline: 30/11/2018Appn Type: Full ApplicationCase Officer: Areena DavidParish: Christchurch Ward: ChristchurchAgent : Mr R. Barnes
Beresford & Barnes LtdThe West Wing Studio15 Rosemary AvenueSteyningBN44 3YS
Applicant: Mr S. Edlin111 Invest Ltd
See Agen
Location: 22 St Omer Road, Guildford, GU1 2DBProposal: Demolition of existing chalet bungalow and construction of two 4/5
bedroom detached family homes with one new access (amendedplans received on 15/10/2018).
Executive Summary
Reason for referral
This application has been referred to the Planning Committee because more than 20 letters ofobjection have been received, contrary to the Officer's recommendation.
Key information
Demolition of existing chalet bungalow and construction of two 4/5 bedroom detached familyhomes with one new access (amended plans received on 15/10/2018)
Height: 8.9mDepth: 13.53mWidth: 10.5mNumber of bedrooms per dwelling: 5No of parking spaces per dwelling: 2
[Officer note: the amendments include reduction in depth by 0.5m per dwelling; reduction in widthby 0.36m per dwelling to increase the distance to the neighbouring boundaries; removal of firstfloor side window serving bedroom, replacement of door with window at second floor level onfront elevation.]
Summary of considerations and constraints
Planning application ref: 18/P/01174 for demolition of existing chalet bungalow and constructionof 3no. 5 bedroom detached family homes was refused for the following reasons:
1. Overdevelopment of the site by virtue of the quantum of development proposed, whichcomprised of three detached dwellings and parking dominant frontage.
2. The proposed first floor balconies would permit direct overlooking of neighbouring properties,which would be detrimental to the amenities of the occupiers of the neighbouring properties.
3. As the application was considered unacceptable, the applicant was not invited to enter into asection 106 agreement to secure SANG and SAMM contributions and this was added as areason for refusal.
Following the previous refusal, the scheme has been amended and the number of dwellings havebeen reduced from 3 x detached dwellings to 2 x detached dwellings. The reduction in thenumber of dwellings has addressed the concerns raised with regards to overdevelopment of theplot. In addition, the first floor balconies proposed have been removed for this scheme, and assuch the concerns raised in relation to loss of privacy have been addressed. The applicant hasagreed to enter into a section 106 agreement to secure SANG and SAMM contributions.
The proposed development meets the requirement of policy H4 and the NPPF and therefore theprinciple of development is acceptable. Furthermore, the proposed development would result inthe provision of one additional residential dwelling, which would assist in meeting the Council'sfive year housing supply and result in an economic benefit to the local area through the provisionof jobs and the associated benefits that would be brought during the construction period andsubsequently following the occupation of the dwelling.
The scale and design of the two dwellings is in-keeping with the character of the surroundingarea. The scale, location and orientation of the dwellings means there would be no significantadverse impact on the amenities of neighbouring residents, in terms of overbearing impact, lossof light, over, or loss of privacy. Subject to conditions the application would also be acceptable interms of impact on trees, sustainable development and all highway aspects, including access,safety and parking provision.
The proposal is therefore recommended for approval.
RECOMMENDATION:(i) That a S106 agreement be entered into to secure:
A SANGS contribution and an Access Management and Monitoring Contributionin accordance with the adopted tariff of the SPA Avoidance Strategy to mitigateagainst the impact on the Thames Basin Heaths Special Protection Area
(ii) That upon completion of (i) above, the application be determined by theDirector of Planning and Regeneration. The preliminary view is that theapplication should be granted subject to conditions.
Approve - subject to the following condition(s) and reason(s) :-
1. The development hereby permitted shall be begun before the expiration of threeyears from the date of this permission.
Reason: To comply with Section 91 of the Town and Country Planning Act 1990as amended by Section 51(1) of the Planning and Compulsory Purchase Act2004.
2. The development hereby permitted shall be carried out in accordance with thefollowing approved plans: Existing Block Plan 002, Existing Plans 101 Rev A,Existing Elevations and Section 102 Rev A received on 03/09/2018. LocationPlans Existing and Proposed 001 Rev C, Proposed Block Plan 308 Rev C,Proposed Street Scene Comparison 309 Rev C, Proposed Basement Floor Plan22a - 319 Rev A, Proposed Ground Floor Plan 22a - 320 Rev A, Proposed FirstFloor Plan 22a - 321 Rev A, Proposed Second Floor Plan 22a - 322 Rev A,Proposed Elevations 22a - 323 Rev A, Proposed Sections 22a - 324 Rev A,
Proposed Basement Floor Plan 22b - 325 Rev A, Proposed Ground Floor Plan22b - 326 Rev A, Proposed First Floor Plan 22b - 327 Rev A, Proposed GroundFloor Plan 22b - 328 Rev A, Proposed Elevation 22b - 329 Rev A, ProposedSections 22b - 330 Rev A received on 15/10/2018.
Reason: To ensure that the development is carried out in accordance with theapproved plans and in the interests of proper planning.
3. No development, excluding demolition of the existing building, shall take placeuntil details and samples of the proposed external facing and roofing materialsincluding colour and finish have been submitted to and approved in writing bythe local planning authority. The development shall be carried out in accordancewith the approved details and samples.
Reason: To ensure that the external appearance of the building is satisfactory.
4. Works related to the construction of the development hereby permitted,including works of demolition or preparation prior to building operations, shallnot take place other than between the hours of 0800 and 1800 Mondays toFridays and between 0800 and 1330 Saturdays and at no time on Sundays orBank or National Holidays.
Reason: To protect the neighbours from noise and disturbance outside thepermitted hours during the construction period.
5. The development hereby permitted must comply with regulation 36 paragraph2(b) of the Building Regulations 2010 (as amended) to achieve a waterefficiency of 110 litres per occupant per day (described in part G2 of theApproved Documents 2015). Before occupation, a copy of the wholesome waterconsumption calculation notice (described at regulation 37 (1) of the BuildingRegulations 2010 (as amended)) shall be provided to the planning departmentto demonstrate that this condition has been met.
Reason: To improve water efficiency in accordance with the Council'sSupplementary Planning Guidance 'Sustainable Design and Construction' 2011.
6. No development, excluding demolition of the existing building, shall take placeuntil an energy statement shall be submitted to and approved in writing by theLocal Planning Authority. This shall include details of how energy efficiency isbeing addressed, including benchmark data and identifying the Target carbonEmissions Rate TER for the site or the development as per Building Regulationrequirements (for types of development where there is no TER in BuildingRegulations, predicted energy usage for that type of development should beused) and how a minimum of 20 per cent reduction in carbon emissions againstthe TER or predicted energy usage through the use of on site low and zerocarbon technology shall be achieved. The approved details shall beimplemented prior to the first occupation of the development and retained asoperational thereafter.
Reason: To reduce carbon emissions and incorporate sustainable energy inaccordance with the Council’s Sustainable Design and Construction SPD 2011.
7. The development hereby approved shall not be first occupied unless and untilthe proposed vehicular access to St Omer Road has been constructed inaccordance with the approved plans, Drawing No. 308 Rev C, and thereaftershall be permanently maintained.
Reason: The above conditions are required in order that the developmentshould not prejudice highway safety nor should it inconvenience other highwayusers.
8. The development hereby approved shall not be first occupied unless and untilspace has been laid out within the site in accordance with the approved plans,Drawing No. 308 Rev C, for vehicles to be parked. Thereafter the parking areasshall be retained and maintained for their designated purposes.
Reason: To ensure that satisfactory parking provision is retained within thedevelopment.
9. The development hereby approved shall not be first occupied until details of allboundary treatment have been submitted to and approved in writing by the localplanning authority. The approved scheme shall be implemented prior to the firstoccupation of the development or phased as agreed in writing by the localplanning authority. The approved scheme shall be maintained in perpetuity.
Reason: To safeguard the visual amenities of neighbouring residents and thelocality.
10. The development must accord with the Arboricultural Impact Assessment &Method Statement (to BS:5837 2012), Ref TH1695/B, dated 29th August 2018.No development shall start on site until the protective fencing and otherprotection measures shown on the Tree Protection Plan in the ArboriculturalMethod Statement have been installed. At all times, until the completion of thedevelopment, such fencing and protection measures shall be retained asapproved.
Reason: To protect the trees on site which are to be retained in the interests ofthe visual amenities of the locality.
11. The development hereby approved shall be carried out in accordance with allthe recommendations made in submitted Ecological Survey and Assessment,dated October 2018, prepared by Essex Mammal Surveys
Reason: To prevent any adverse impact on legally protected species resultingfrom the proposed development works and to help off-set adverse effects to thebiodiversity value of the site resulting from the proposed development.
Informatives:1. If you need any advice regarding Building Regulations please do not hesitate to
contact Guildford Borough Council Building Control on 01483 444545 [email protected]
2. This statement is provided in accordance with Article 35(2) of the Town andCountry Planning (Development Management Procedure) (England) Order 2015.Guildford Borough Council seek to take a positive and proactive approach todevelopment proposals. We work with applicants in a positive and proactivemanner by:
Offering a pre application advice serviceWhere pre-application advice has been sought and that advice has beenfollowed we will advise applicants/agents of any further issues arising duringthe course of the applicationWhere possible officers will seek minor amendments to overcome issuesidentified at an early stage in the application process
However, Guildford Borough Council will generally not engage in unnecessarynegotiation for fundamentally unacceptable proposals or where significantchanges to an application is required.
Pre-application advice was not sought prior to submission and minor alterationswere required to overcome concerns, these were sought and the applicant agreedto the changes.
3. The permission hereby granted shall not be construed as authority to carry out anyworks on the highway. The applicant is advised that prior approval must beobtained from the Highway Authority before any works are carried out on anyfootway, footpath, carriageway, or verge to form a vehicle crossover or to installdropped kerbs. Please seewww.surreycc.gov.uk/roads-and-transport/road-permits-and-licences/vehicle-crossovers-or-dropped-kerbs.
4. The developer is advised that as part of the detailed design of the highway worksrequired by the above conditions, the County Highway Authority may requirenecessary 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.
5. The permission hereby granted shall not be construed as authority to carry out anyworks on the highway or any works that may affect a drainage channel/culvert orwater course. The applicant is advised that a permit and, potentially, a Section 278agreement must be obtained from the Highway Authority before any works arecarried out on any footway, footpath, carriageway, verge or other land forming partof the highway. All works on the highway will require a permit and an applicationwill need to submitted to the County Council's Street Works Team up to 3 monthsin advance of the intended start date, depending on the scale of the worksproposed and the classification of the road. Please seehttp://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 seewww.surreycc.gov.uk/people-and-community/emergency-planning-and-community-safety/floodingadvice.
6. The alteration of the Traffic Regulation Order is a separate statutory procedurewhich must be processed at the applicants expense prior to any alterations beingmade. In the event that the removal of the parking bays is not successful due tounresolved objections the applicant shall submit an alternative scheme to theLocal Planning Authority for its approval prior to commencement of thedevelopment. Any alternative scheme shall be implemented prior tocommencement of any dwellings to the satisfaction of the Local PlanningAuthority.
Officer's Report
Site description.
The site lies within the urban area of Guildford and located between 400m to 5km of the ThamesBasin Health Special Protection Area (TBHSPA). The area is residential and is characterised by amixture of bungalows and two storey detached dwellings. The dwellings vary in designs andstyles and there is no uniformity within the street scene although they are generally set behindfront boundary hedges.
The application site comprises a detached bungalow on a wide plot, located behind a boundaryhedge. There is a two storey dwelling to the east and two storey replacement dwelling to the westwhich is currently under construction.
The dwellings to the north of St Omer Road, opposite the application site are set on lower land.
Proposal.
Demolition of existing chalet bungalow and construction of two 4/5 bedroom detached familyhomes with one new access (amended plans received on 15/10/2018).
Height: 8.9mDepth: 13.53mWidth: 10.5mNumber of bedrooms per dwelling: 5No of parking spaces per dwelling: 2
[Officer note: the amendments include reduction in depth by 0.5m per dwelling; reduction in widthby 0.36m per dwelling to increase the distance to the neighbouring boundaries; removal of firstfloor side window serving bedroom, replacement of door with window at second floor level onfront elevation.]
Relevant planning history.Reference: Description: Decision
Summary:Appeal:
18/P/01174 Demolition of existing chalet bungalowand construction of 3no. 5 bedroomdetached family homes.
Refuse20/08/2018
N/A
97/P//00127 Single storey side bedroom extension. Approve08/04/1997
N/A
98/P//00986 Erection of conservatory. Approve20/08/1998
N/A
Consultations.
Statutory consulteesCounty Highway Authority: The County Highway Authority having assessed the application onsafety, capacity and policy grounds raise no objections and consider that the proposal will notgive rise to any significant highway issues or increased parking pressure. The developer isreminded that the relocation of the on-street parking bays, and the removal of the existing baylines, will be at their own cost.
Natural England: No objection subject to securing appropriate mitigation measures
Amenity groups/Residents associations
Downsedge Residents' Association object to the proposal on the following grounds:overdevelopment of the sitenot in keeping with the scale and character of the surrounding areaimpact on neighbouring properties in terms of overlookingremoval of valuable landscaping at the front of the siteremoval of on-street parking bays will increase parking pressure on the roadnegative precedent for future developments
Guildford Society object to the proposal on following grounds:object to the large window in the roof
Third party comments:
21 letters of representation have been received raising the following objections and concerns:the scale of the properties is too large for this plotnot in keeping with the surrounding areainconsistencies between the plans and planning statement in relation to parking spacesthe building line forward of existing building line would have an overbearing impact onproperties oppositedigging into the chalk foundation to install a sauna/steam room is unacceptableremoval of boundary hedge with 3 trees is not in keeping with the areareplicating the development at 20 St Omer Road is not in keeping with the areaoverdevelopment of the plotloss of privacy and loss of light to neighbouring propertiesflooding issues to neighbouring from increased development [Officer note: the site is notlocated within a fluvial flood risk or surface water flood risk zone]the existing property is attractive and its loss would be detrimental to the areaInsufficient on-site parkingthe development will set a negative precedent for future developmentsInsufficient gap between the neighbouring propertiesfenestration on side windows should be removedstructural issues to neighbouring properties from the basement and party wall agreement willneed to agreed [Officer note: Party Wall is a not a planning matter]increased parking pressure on the road with the removal of existing parking bayincreased noise and disturbance during construction
Planning policies.
National Planning Policy Framework (NPPF):Chapter 2: Achieving sustainable developmentChapter 5: Delivering a sufficient supply of homesChapter 11: Making effective use of landChapter 12: Achieving well-designed places
South East Plan 2009:
NRM6 Thames Basin Heath Special Protection Area
Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007):G1 General Standards of DevelopmentG5 Design CodeH4 Housing in Urban AreasG6 Planning Benefits
Supplementary planning documents:Thames Basin Heath SPA Avoidance Strategy 2017Residential Design Guide 2004Vehicle Parking Standards 2006Sustainable Design and Construction SPD 2011Planning Contributions SPD 2011
Emerging Local Plan:
The Guildford Borough Submission Local Plan: strategy and sites (2017) was submitted to theSecretary of State for Local Government on 13 December 2017 for independent examination andthe examination in public began on 5 June 2018. The examination has now finished and theemerging plan has been found sound subject to modifications. As such, it carries considerableweight at this time.
Policy H1: Homes for all of the draft local plan is relevant for this development. Policy D1: Place ShapingPolicy D2 Sustainable design, construction and energyPolicy P5: Thames basin Heaths Special Protection Area
Planning considerations.
The main planning considerations in this case are:
principle of developmentthe impact on the character of the areaimpact on neighbouring amenityhighway / parking considerationsimpact on treesimpact on ecologysustainable design and constructionThames Basin Heath Special Protection Area (TBHSPA) and Appropriate Assessment (AA)legal agreement requirements
Principle of development
The NPPF sets out the government's aim to significantly boost the supply of housing withhousing applications considered in the context of the presumption in favour of sustainabledevelopment. As the Council cannot demonstrate a five-year housing land supply, thepresumption in favour of sustainable development is engaged which states that planningpermission should be granted unless the adverse impacts of doing so would significantly anddemonstrably outweigh the benefits.
Paragraph 68 of the NPPF states that small and medium sized sites can make an importantcontribution to meeting the housing requirement of an area, and are often built-out relativelyquickly. To promote the development of a good mix of sites local planning authorities shouldsupport development of windfall sites through their policies and decisions giving great weight tothe benefits of using suitable sites within existing settlements for homes.
The site is within the Urban Area of Guildford, where the principle of residential development isacceptable providing the proposal is in accordance with Policy H4 of the saved Local Plan.
Policy H1 of the Emerging Local Plan states that new residential development is required todeliver a wide choice of homes to meet a range of accommodation needs as set out in the latestStrategic Housing Market Assessment. New development should provide a mix of housingtenures, types and sizes appropriate to the site size, characteristics and location.
The site is in the urban area, in a sustainable location. The provision of an additional dwellingwould help deliver much needed housing in the borough which is a benefit. It is thereforeconcluded that the proposed replacement of the existing dwelling with two dwellings is acceptable'in principle'. What must then be considered is the impact of the development on the character ofthe area, the impact on neighbour amenity and whether sufficient parking is proposed, as set outin saved local plan policies G1 and H4 of the saved Local Plan.
The impact on the character of the area
The character of the surrounding area is characterised by a mixture of two storey properties andbungalows of various sizes. The replacement of the existing bungalow with two x two-storeydwellings including accommodation in roof space and basement, is therefore an acceptableapproach within an urban area.
The proposed dwellings would have a hipped roof with accommodation in roof and basement. Itwould comprise of a front bay window features and a rear single storey element. In terms of scaleand character the proposed dwellings have taken their architectural reference from similarproperties in St Omer Road. As such, the proposed dwellings would be appropriate in terms ofcharacter and design in relation to the surrounding area. A mixture of traditional materials paletteis proposed for the proposed dwellings. The individual design of the dwellings would beacceptable in this regard.
The existing property extends almost to the full width of the plot with limited spacing to the sideboundaries. Whilst it is noted that the proposed dwellings would be larger in scale compared tothe existing dwelling, it is considered that the proposed dwellings would maintain generousspacing of at least 2m to both the northern and western side boundaries with the neighbouringproperties and would maintain adequate outdoor amenity space to ensure the character of thearea is retained. Therefore, it is considered that the site can accommodate two dwellings withoutcompromising the existing character of the site and surrounding area. The proposed dwellingswould bring the building line forward than the existing house in line with the neighbouring property20a St Omer Road. This aspect of the development would still maintain adequate parking spaces
in the front forecourt and the visual characteristic of the building line would not be compromisedin this location. Therefore, it is considered that the proposed building line, forward of the existingproperty, would not harm the character of the surrounding area.
The parking layout proposes hardstanding for at least three cars, and still allows ample space forsoft landscaping to the front of the plots, and as such the development would result in anacceptable appearance to the front of the plots. Proposed boundary treatment drawings havebeen submitted, which are considered to be acceptable.
A condition is recommended to secure samples of materials and further details of boundarytreatment.
It is therefore considered that the proposal would have an acceptable effect on the existingcontext and character of the adjacent buildings and immediate surroundings. The proposeddevelopment would therefore comply with saved policies G5 and H4 of the Local Plan 2003, theResidential Design Guide 2004, the NPPF 2018, and policy H1 and D1 of the Emerging LocalPlan.
Impact on neighbouring amenity
The neighbouring properties either side of the application site are 20a and 24 St Omer Road tothe south-western and north-eastern side of the site, respectively. No.24 St Omer Road iscurrently under construction for a two storey replacement dwelling.
The proposed dwelling would not extend beyond the rear elevation of both neighbouringproperties and would not encroach the 45 degree angle. As such, the proposed developmentwould not result in loss of light and overbearing impact on these properties. There are nohabitable room windows proposed on the side elevations facing the neighbouring properties. Noother windows would overlook the neighbouring properties. Therefore, no loss of privacy wouldoccur to the neighbouring properties 20a and 24 St Omer Road.
The neighbouring properties towards the south of the application site are 20 and 25 Rosetrees.There are existing mature trees towards the rear of the site between these neighbouringproperties. The proposed dwellings would maintain a separation distance of approximately 23mbetween these properties from the first floor level. At this distance, it is considered that theproposed development would not result in loss of light, loss of privacy and overbearing impact onthese properties.
The neighbouring properties to the front of the site are located in excess of 25m from the frontelevation of the proposed dwellings and are separated by the road. At this distance the proposeddwellings would not result in loss of light, loss of privacy and overbearing impact on theseneighbouring properties.
Concerns have been raised in terms of overlooking to the neighbouring properties due toincrease in height of the proposed dwellings. Whilst it is acknowledged that the proposeddevelopment would alter the outlook of immediate neighbouring properties due to the creation oftwo storey dwellings, it is considered that some level of mutual overlooking of residential gardensis likely to occur in dense urban environments. What has to be assessed, in terms of local andnational policies, is whether the level of overlooking resulting from the creation of two storeydwellings would lead to significant and demonstrable harm to the neighbouring properties. In thisregards, as already mentioned, some level of mutual overlooking of residential gardens if likely tooccur in urban environments, and in case of this proposal adequate separation distances wouldbe maintained and no undue overlooking of habitable rooms of neighbouring properties wouldoccur and as such would not warrant a refusal on these grounds.
The proposed development would therefore comply with saved policy G1 (3) of the GuildfordBorough Local Plan 2003 and the NPPF 2018.
Highway / parking considerations
There is an existing vehicular access point to the site. To accommodate an additional dwellingone additional access point would be created which would require removal of an existing streetbay parking at the front of the site.
The Council's adopted parking standards require 2 parking spaces per three bed unit, whichtranslates into a total of 4 parking spaces for both units. The submitted drawings shows 2 parkingspaces for each dwelling. This provision is in accordance with the Council's adopted parkingstandards. The submitted drawings further illustrate that one additional vehicle could beaccommodated on each plot in addition to the proposed 2 spaces. Therefore, it is considered thatthe proposed development provides acceptable level of off-street parking and would not increaseparking pressure in the area.
The removal of existing un-restricted on-street parking space would result in loss of one on-streetparking space. The County Highway Authority has no objection to the loss of the parking spaceand consider that the application is acceptable subject to recommended conditions. The CountyHighway Authority has recommended a pre-commencement condition for a scheme to beapproved in relation to the amendment of on-street parking spaces. The applicant was givennotice under Regulation 2 of the Town and Country Planning (Pre-commencement Conditions)Regulations 2018 and the applicant has agreed to the suggested pre-commencement condition.However, the piece of land which covers alterations to the existing highway is outside the red-lineof the application site and alteration to existing on-street parking bay is a separate statutoryprocedure which requires consent from the Highway Authority. The Council cannot reasonablyenforce this condition and as such this condition does not meet the relevant tests of the NPPF2018. Therefore, it is unreasonable for the Council to impose this condition.
The proposal therefore accords with Policy G1(2) of the saved Local Plan.
Impact on trees
The application site contains a number of trees. Two category U, two category C and onecategory B trees are proposed to be removed to facilitate the development. The Council'sArboricultural Officer has assessed the proposal and raise no objection to the removal of thesetrees.
The site contains four larger category B and C trees towards the rear, which are proposed to beretained. The applicant has submitted an Arboricultural Method Statement and Tree ProtectionPlan, which is considered acceptable.
Impact on ecologyA preliminary ecological survey has been submitted with the application. The submitted surveyfound no evidence of bat roosts within the property and no evidence of other protected specieson the site. Based on the survey results, the works are not likely to injure or kill bats or damageor destroy resting place or its access. A number of recommendations have been made in relationto protection of other protected species and this can be secured by a condition.
There would be no risk to protected species from the proposed development, and the proposeddevelopment would comply with saved policies NE4 and the NPPF.
Sustainable design and construction
The Council's Sustainable Design and Construction SPD 2011 and Policy D2 of the EmergingLocal Plan requires that all dwellings achieve as a minimum a water efficiency standard of 110litres per occupant per day and a 20 percent reduction in carbon emissions through the use of onsite low and zero carbon technologies. This will be secured by a condition.
Thames Basin Heath Special Protection Area (TBHSPA) and Appropriate Assessment (AA)
The proposed development may adversely impact the TBHSPA due to the net increase inresidential units at the site. The Council’s adopted TBHSPA Avoidance Strategy 2017 requires aSANG contribution and an Access Management (SAMM) contribution to avoid any adverseimpact in line with the tariff within the annual updating of off-site contributions document.
As part of the application process the Council has undertaken an Appropriate Assessment (AA),which concluded that the development would not affect the integrity of the European site eitheralone or in combination with other plans and projects in relation to additional impact pathwayssubject to the application meeting the mitigation measures set out in the TBHSPA AvoidanceStrategy. Natural England has been consulted on the AA and they confirm they are happy withthe conclusions of the AA.
The applicant has agreed to secure the required contributions through a S106 legal agreement.
Legal agreement requirements
The three tests as set out in Regulation 122 require S106 agreements to be:(a) necessary to make the development acceptable in planning terms;(b) directly related to the development; and(c) fairly and reasonably related in scale and kind to the development.
As the application would result in the net gain of one new residential unit, in order for thedevelopment to be acceptable in planning terms, a S106 agreement is required as part of anysubsequent planning approval to secure a financial contribution towards a SANG and SAMM, inline with the Guildford Borough Council TBHSPA Avoidance Strategy 2017. This strategy hasbeen formally adopted by the Council. In line with this strategy and the requirements ofRegulation 63 of the Habitats Regulations 2017, a S106 agreement is required to ensure that theadditional residential units proposed by this development would not have any likely significanteffect on the TBHSPA. In this instance the applicant has agreed to enter into a s.106 agreementto secure the financial contributions.
Notwithstanding the fact that the applicant has agreed to sign a s.106 agreement on thisoccasion, the Council is aware on the limitation on the use of pooling of planning contributionscontained in Regulation 123 of the Community Infrastructure Levy Regulations 2010. It is notedthat this relates to an obligation which 'provides for the funding or provision of relevantinfrastructure. In this instance, the contributions would have been required to improve existingSANGS and ensure they are maintained in perpetuity; the SANGS is existing infrastructure whichis to be improved to ensure that they have suitable capacity to mitigate the impact of theresidential development.
When interpreting Regulation 123 regard must be had to the definition of funding which isprovided at Regulation 123(4); this states that "funding" in relation to the funding of infrastructure,means the provision of that infrastructure by way of funding. As noted above, no new SANGS orother infrastructure would be provided by the contributions and accordingly the Council does notconsider that Regulation 123 prevents collecting these contributions. It is also noted that SAMM
does not fall within the definition of infrastructure and is therefore not subject to the Regulation123 restrictions. The Council has sought Counsels Opinion in respect of its approach to SANGSand SAMM contributions and this supports our approach. In conclusion, if the application wasdeemed to be acceptable, the Council is of the opinion that the legal agreement would meet thethree tests set out above.
Conclusion.
The proposal is considered to be acceptable in principle and would not have a detrimental impacton the character of the site and surrounding area, neighbouring amenity, parking and highwaysafety or impact on trees. Subject to conditions the application would also be acceptable in termsof sustainable development.
Furthermore, the proposed development would result in the provision of one additional residentialdwelling, which would assist in meeting the Council's five year housing supply and result in aneconomic benefit to the local area through the provision of jobs and the associated benefits thatwould be brought during the construction period and subsequently following the occupation of thedwelling. This is a material consideration which should be given considerable weight in favour ofthe application.
As such the proposal is recommended for approval.
