Application No: 2016/4033 Application Type: FULL

Case Officer: Misbah Uddin Ward: Thames Ditton Ward

Location: Hawkes Cottage Rear of 3 to 11 High Street Thames Ditton Surrey KT7 0SD

Proposal: 2 additional terraced two-storey houses following demolition of existing conservatory

Applicant: Cook Simpson Developments Agent: Mrs Tessa Armelin

The Design Haus 58 Dartnell Park Road West Byfleet Surrey KT14 6PX

Decision Level: If Permit: Sub Committee If Refuse: Sub Committee

Recommendation: Permit

Representations: five letters of objections were received and 1 letter regarding a general comment. Below is a summary.

• Loss of character to the Conservation Area • Loss of light • Loss of Privacy • Loss of trees • Loss of outlook to no.8 Station Road • Increase in noise • Increase in road congestion • Impossible for vehicular access to the proposed development.

Comment

• Where would the intended access point to the ‘new’ properties would be located

R e p o r t

Description

1. The application site related to an existing dwelling located to the rear of Nos.3-11 High Street Thames Dittion. The site is to the west of the High Street and is accessed by a small private access road which leads to a small area of hardstanding currently used for parking. The site is located within character area DHW01 Thames Ditton village (& Local Centre) as set out in the Council’s Design and Character SPD. There are examples of backland development that has taken place in the surrounding area.

Constraints

2. The relevant planning constraints are:

• Thames Ditton Local Centre • Area of high Archaeological Potential • Thames Ditton Conservation Area • Potential land contamination

Policy

3. In addition to the National Planning Policy Framework and the National Planning Practice Guidance, the following local policies and guidance are relevant to the determination of this application:

Core Strategy 2011 CS1 Spatial strategy CS2 Housing provision, location and distribution CS9 Esher CS17 Local Character, Density and Design CS21 Affordable housing CS25 Travel and Accessibility CS28 Implementation and Delivery

Development Management Plan 2015 DM1 Presumption in favour of sustainable development DM2 Design and Amenity DM4 Comprehensive development DM6 Landscape and trees DM7 Access and parking DM8 Refuse, recycling and external plant DM10 Housing DM12 Heritage Design and Character SPD 2012 Developers Contribution SPD 2012

Relevant Planning History

4. There is no relevant planning history.

Proposal

5. Planning permission is sought for construction of a pair of two storey dwellings, adjacent to the

rear boundary of no.21 High Street, and attached to Hawkes Cottage. This would form a small terrace of three properties. The proposed dwellings would be sited in the garden of the existing dwelling. The existing access and parking arrangement would be utilised although the existing detached garage would be demolished. Consultations

6. Environmental Health - No objections subject to condition

7. Surrey CC Highways - No objections subject to condition

8. Tree Officer - No objections subject to conditions

9. Conservation Officer - No objections

10. Thames Ditton CAAC – Raise objections. Over development of the site, the site has a narrow

access across private land. The access onto the High Street is too close to a major junction with Watts Road and Station Road. The proposed dwellings are too high and it will block light from to the properties behind the proposed terrace. The large hedge should remain.

Positive and Proactive Engagement

11. Paragraphs 186-187 of the NPPF require officers to work with the applicant in a positive and

proactive manner to resolve problems before the application is submitted and to foster the

delivery of sustainable development. This requirement is met within Elmbridge through the availability of pre-application advice.

12. A pre-application enquiry was sought under reference preapp1306445. The applicant was advised that there was no objection in principle to the development; furthermore, the applicant has satisfactorily addressed issues regarding the design and the impact on the surrounding area as well as the impact on residential amenities. The applicant was also advised to submit a planning application to fully consider the proposal.

Planning Considerations

13. The main planning considerations in the determination of this application are:

• Principle of development • The design of the proposal and its impact on the streetscene, the character of the

area and the Conservation Area • The impact on the amenity of neighbouring properties • The provision of suitable residential environment • The impact on highways and parking • The impact on trees • Potential land contamination • Developer’s contributions

Principle of development

14. The proposed two new dwellings would be located on the existing residential garden. The NPPF seeks a presumption in favour of sustainable development with emphasis on the need to secure high quality design and a good standard of amenity for all existing and future occupants of the land and buildings, as well as taking account of the character of different areas. Whilst garden land does not necessarily preclude development on such land, it is subject to consideration of the character and appearance of the development within the context of the area. As set out Policy CS2 of the Council’s Core Strategy (2011) this need not be unacceptable, provided that the development complies with Policy DM2 of the Development Management Plan (2015) and any other relevant policies. The design of the proposal and its impact on the host dwelling, the character of the Conservation Area and the street scene

15. The proposed dwellings would be sited to the rear of Nos. 3-11 High Street and as such would not be visible in the street scene. However, they would still be visible from surrounding dwellings including views within and towards the Conservation Area. It is noted that other backland development has been allowed in the area in recent years. The conservation officer advises that in the vicinity of the site are a number of listed and locally listed buildings and others which have been identified as Significant Unlisted Buildings but acknowledges public views into the site are limited.

16. Given that the proposal would be sited against the existing rear wall of the commercial unit on the High Street, it is considered that the siting of dwellings in this part of the site would be acceptable in terms of the impact upon the Conservation Area and wider character of the area.

17. The scale and design of the roof is traditional in appearance and would accord with the general character of the area. The proposed link to Hawkes Cottage would be to be sympathetic to the character of the existing building.

18. Whilst the proposal would be somewhat unusual in terms of its design and layout, it is considered on balance it would have no significant adverse impact upon the character and appearance of the existing dwelling, the street scene or the Conservation Area.

19. It is noted Thames Ditton CAAC object to the development, as it they consider it would be a cramped form of development and not in keeping with the character of the area. There are also concerns regarding access. With regards to the character and appearance, the conservation officer raised no objections to this development and that the proposal has been subject of a pre-application enquiry and a number of amendments have been made. The conservation officer advises that the current dwelling; Hawkes Cottage, would be retained and renovated whilst the two new buildings would adjoin to form a terrace. Whilst it is acknowledged there will be a loss of garden space to Hawkes Cottage, there are a number of developments at the rear to this side of the High Street and there is a mixed of architectural styles in the vicinity as such it is considered the proposal would be in keeping with the character and appearance of the area. The external materials proposed are handmade brick, natural slate and timber windows. The impact on the amenity of neighbouring properties

20. The properties potentially impacted by the proposal are the adjacent property at No.21 High Street and No.12 Station Road to the north and west respectively. In addition the proposal could impact upon the amenity of the parent dwelling Hawks Cottage.

21. With regards to No.21 High Street, the proposal is set in 3m with the boundary with this

neighbour. This neighbour benefits from habitable room windows in the rear elevation at both ground and first floor level. At first floor the window of the habitable room is located away from the boundary. The ground floor of the new dwelling would consist of a conservatory, 3.3m set in from the shared boundary of No.21 High Street. It is considered that there will be some breach of the 45 degree line. However, given the distance and the depth is considered marginal. Furthermore, this angle is already in breach by the existing boundary wall which due to the difference in ground level appears to have the height of a single storey structure. These are mitigating factors which will ensure there will be no significant loss of light, outlook to the occupiers of No.21 High Street.

22. With regards to the impact on the first floor of No.21 High Street, The distance of 3m and the

depth of the proposed flank elevation would ensure there would be no breach of the 45 degree line to the windows serving he habitable rooms at the ground and first floor level of No. 21 High Street. As such there would be no significant loss of light or outlook for the occupiers of No.21 High Street.

23. The proposed two storey outrigger element of the new dwellings would have a separation gap

of 6.8m from the boundary of No.21 High Street. This will further ensure there will be no loss of outlook to the occupiers of no21 High Street.

24. As the proposal is sited away from the boundary and given its hipped roof design it is

considered that it would not result in an over bearing impact upon the occupiers of No.21 High Street.

25. With regards to the occupiers of No.12 Station Road to the rear of the proposed dwellings, it is

considered that there is a significant distance between the proposed dwellings and their private amenity space. Whilst there would be some views towards the neighbour’s garden, such views would not be unusual in an urban residential environment. As such it is considered unlikely that the proposal would result in a significant loss of light, overbearing impact or loss of privacy to the occupiers of no. 12 Station Road.

26. In terms of the occupiers of Hawkes Cottage, the proposal would now be sited on the

boundary with this building. However, the first floor would not appear to breach the 45 degree line to the nearest habitable room window and would only project a small distance beyond the rear of this dwelling. This single storey element of the proposal would not appear to project more than 3m beyond the rear of this dwelling. As such it is considered that the proposal is unlikely to result in a significant loss of light or overbearing impact upon this dwelling.

The provision of a suitable residential environment

27. The proposed new dwellings would appear to provide generous and spacious accommodation throughout with suitable outlook, natural lighting and ventilation. The proposed garden areas are considered of an acceptable size, commensurate to the size of the dwellings proposed.

28. With regards to refuse, the proposal would have thee refuse storage area next to the car park and the garden entrance of the proposed dwellings.

Impact on highways and parking

29. The application site consists of a large car park area, which it will utilise for parking. As such

the level of parking provision is acceptable. There have been objections raised regarding access of vehicles to the site. The Surrey County Council Highways Department raised no objections, regarding this matter and have requested a condition regarding a construction transport management plan. Impact on trees

30. The tree office comments that in principal the proposal is acceptable from an arboricultural perspective but all the current tree information is not acceptable. However, as the proposal will have no direct impact on trees other than those to be removed (T16, 17, 8, 1, 5), it would be reasonable to condition the arboricutural information to be re-submitted by a suitably qualified arboricultural consultant in line with BS 5837. Potential land contamination

31. The proposed development is adjacent to a former industrial unit where some soil

contamination has been found. The Council’s Environmental Health Officer raised no objections subject to relevant conditions regarding land contamination. Developer’s contributions

32. Section 70 subsection 2 of the Town and Country Planning Act 1990 (as amended) states that

any local financial considerations are a matter to which local planning authorities must have regard to in determining planning applications; as far as they are material for the application. The weight to be attached to these considerations is a matter for the Council.

33. The New Homes Bonus Scheme Grant Determination is a grant paid by central government to local councils for increasing the number of homes and their use. The New Homes Bonus Scheme Grant Determination is paid each year for 6 years. It is based on the amount of extra Council Tax revenue raised for new-build homes, conversions and long-term empty homes brought back into use. There is also an extra payment for providing affordable homes. The Council’s New Homes Bonus Scheme Grant Determination allocation for 2016-17 is £2.96m.

34. Local financial considerations are defined as grants from Government or sums payable to the authority under the Community Infrastructure Levy (CIL). This means that the New Homes Bonus Scheme Grant Determination is capable of being a material consideration where relevant. In the current case, the approval of the application would mean that the New Homes Bonus Scheme Grant Determination would be payable for the net increase in dwellings from this development. Affordable Housing

35. Policy CS21: Affordable Housing of the Council’s Core Strategy (2011) requires that development resulting in the net gain of 1-4 residential units should provide a financial contribution equivalent to the cost of 20% of the gross number of dwellings on site as Affordable Housing. Contributions towards affordable housing would need to be secured via a unilateral undertaking (UU).

36. Following a Court of Appeal decision which found in favour of the Government, paragraphs 012-023 of the National Planning Policy Guidance on planning obligations have been reintroduced. These paragraphs and the Ministerial Statement are now a material consideration, alongside local planning policy, against which the Council must consider all planning applications. However, given that the local plan remains the primary consideration against which decisions must be made, the Council is continuing to apply policy CS21 Affordable Housing as set out in the Core Strategy. Following receipt of legal advice, the Council has produced a statement to set out local evidence in support of continuing to apply policy CS21 to this application in light of the revised PPG. This is available to view on the Planning Services webpages.

37. Based on the above, the appropriate level of the financial contribution towards the affordable housing provision was calculated. The applicant has provided a Unilateral Undertaking. Community Infrastructure Levy (CIL)

38. The proposed development is liable for CIL. The applicant has provided the relevant liability forms required to pay the chargeable amount required by the Council’s adopted Charging Schedule in accordance with the relevant regulations. Matters raised in Representations

39. The matters raised have been addressed in the planning considerations above.

Conclusion

40. On the basis of the above, and in light of any other material considerations, the proposal is considered to be in accordance with the development plan. Accordingly, the recommendation is to grant permission.

Recommendation: Grant Permission

Conditions/Reasons 1 TIME LIMIT (FULL APPLICATION)

The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 51 of Part 4 of the Planning and Compulsory Purchase Act 2004.

2 LIST OF APPROVED PLANS

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

Site Location Plan (Received 07.12.2016) Existing Elevations (Received 21.12.2016) Existing Floor Plan and Elevation Plan (Received 21.12.2016) Proposed Block Plan and Elevation Plan (Received 07.12.2016) 1397/01 (Received 07.12.2016) 2035/P/01 (Received 07.12.2016) 2035/P/02 (Received 07.12.2016) 2035/P/03 (Received 07.12.2016)

Reason: To ensure that the development is carried out in a satisfactory manner.

3 MATERIALS SAMPLES NO DEVELOPMENT SHALL TAKE PLACE UNTIL SAMPLES OF THE MATERIALS TO BE USED ON THE EXTERNAL FACES AND ROOF OF THE BUILDINGS HAVE BEEN SUBMITTED TO AND APPROVED IN WRITING BY THE BOROUGH COUNCIL. DEVELOPMENT SHALL BE CARRIED OUT IN ACCORDANCE WITH THE APPROVED DETAILS.

Reason: To ensure that a satisfactory external appearance is achieved of the development in accordance with Policy DM2 of the Elmbridge Development Management Plan 2015. It is considered necessary for this to be a pre-commencement condition because the use of satisfactory external materials goes to the heart of the planning permission.

4 ADDITIONAL WINDOWS

The development hereby permitted shall have no windows or other openings (other than those shown on drawing number 2035/P/03 and 2035/P/02) inserted into the flank elevation(s) unless planning permission has first been granted by the Borough Council

Reason: To preserve the reasonable privacy of neighbouring residents in accordance with Policy DM2 of the Elmbridge Development Management Plan 2015 and the Elmbridge Design and Character SPD 2012.

5 ADDITIONAL TREE INFORMATION AND PRE-COMMENCEMENT INSPECTION

BEFORE DEVELOPMENT TAKES PLACE FURTHER ARBORICULTURAL DETAILS SHALL SUBMITTED TO AND APPROVED IN WRITING BY THE BOROUGH COUNCIL AND THESE WORKS SHALL BE CARRIED OUT AS APPROVED.

THIS SCHEME SHALL INCLUDE DETAILS OF:

a) the existing trees and hedges to be retained in the form of a Tree Survey and Arboricultural

Impact Assessment, in line with BS5837:2012, and shall include details of all current and proposed hard surfaces, walls, fences, access features, and ground levels.

b) the measures taken to protect existing trees and hedges during construction, demolition, and

delivery of materials / machinery, including a tree protection plan and an arboricultural method statement in line with BS5837:2012

c) prior to the commencement of works on site and after the installation of the tree protection in

accordance with (b) above the applicant shall arrange a pre-commencement meeting between the Borough Council and the applicant's project arboriculturist to allow inspection and verification of the protection measures.

Reason: This permission is granted on the basis that the trees would remain on site to mitigate the impact of the development and to preserve and enhance the visual amenities of the locality in accordance with Policy DM6 of the Elmbridge Development Management Plan 2015. It is considered necessary for this to be a pre-commencement condition because the demolition and construction works could have implications for the future health and amenity of retained trees within the site.

6 TREE PROTECTION

In this condition "retained tree" means an existing tree, which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) below shall have effect until the expiration of 5 years from the first occupation of the development.

a) no retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be pruned other than in accordance with the approved plans and particulars, without the written approval of the Borough Council. Any pruning shall be carried out in accordance with British Standard 3998 (tree work) and in accordance with any supplied arboricultural method statement.

b) if any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the Borough Council.

c) tree protection shall be maintained in-situ and not moved or removed until all construction has finished and equipment, materials, or machinery are removed from site.

d) any arboricultural protection information and plans submitted as part of the application, and listed in the approved plans condition, or submitted to meet a condition of consent shall be implemented and adhered to at all times during the construction process unless otherwise agreed in writing with the Borough Council. This shall include any requirement for arboricultural supervision and site monitoring. This condition may only fully be discharged on completion of the development subject to satisfactory written evidence of contemporaneous supervision and monitoring of tree protection throughout construction by the appointed arboriculturist.

Reason: This permission is only granted on the basis that the trees would remain on site to mitigate the impact of the development and to preserve and enhance the visual amenities of the locality in accordance with Policy DM6 of the Elmbridge Development Management Plan 2015.

7 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) Locating and unloading of plant and materials (c) Storage of plant and materials (d) Programme of works (including measures for traffic management) (e) provision of boundary hoarding behind any visibility zones (f) measures to prevent the deposit of materials on the highways

has been submitted to and approved in writing by the Local Planning Authority. Only approved details shall be implemented during the construction of development.

Reason: In order that the development should not prejudice highway safety nor cause inconvenience to other highway users.

8 POTENTIAL LAND CONTAMINATION

To ensure the potential for contamination has been investigated and the necessary action taken to make the development site suitable for its proposed use, the following steps must be completed to the satisfaction of the Council. No demolition or site clearance shall be commenced until step (a) has been completed by a competent person. Furthermore there shall be no occupation of any part of the site by any end user prior to meeting the terms of this condition in full.

a) Preliminary Investigation of the Site

A preliminary investigation shall be carried out by a competent person prior to any site clearance or demolition, to assess the condition of the land to be re-developed, in respect of contamination. The preliminary investigation must, as a minimum, include a desk-based evaluation, site walkover and Conceptual Site Model and may include intrusive investigation. A written report of the investigation shall be submitted to the Council for written approval.

If the Council are satisfied that there is a significant possibility that the site could pose a significant risk to future occupiers under its proposed redevelopment use as a result of contamination, then the following additional steps shall also be carried out.

b) Site Investigation, Method Statement and Remediation (i) A written site specific investigation plan using the information obtained from the preliminary

investigation, providing details of the investigation for soil, gas and controlled waters where appropriate, shall be submitted to, and approved by, the Council.

(ii) The site investigation shall be undertaken in accordance with the scheme agreed by the

Borough Council. The results of the site investigation, a refined conceptual model and a risk assessment of any contamination found shall be submitted in writing to, and approved by, the Council.

(iii) A written Method Statement detailing any remediation c) Imported material

Clean, uncontaminated rock, soil, brick rubble, crushed concrete or ceramic only shall be permitted as infill material. The developer shall not import any material until a sampling program, including appropriate import criteria for the proposed end use and frequency of sampling, has been submitted in writing, and approved by, the Council. The Developer shall carry out the approved sampling program to check that all imported material conforms to the agreed criteria. Where the permitted end use is residential, the sampling program shall also include samples taken from the imported material after final placement. Written confirmation of the suitability of all imported materials shall be provided to the Council as part of step (g). This shall include both the results of the sampling program and also details of the origin, transport, final deposition and any temporary stockpiling of the imported materials.

d) Completion of Remediation and Verification Report

Verification by an independent, competent person must be carried out prior to occupation of any part of the site by any end user.

Upon completion of the remediation detailed in the Method Statement, and before occupation of any part of the site by any end user, a written Verification Report shall be submitted to, and agreed in writing by, the Council providing verification that the required works regarding decontamination and installation of post remediation monitoring, have been carried out in accordance with the agreed Method Statement and any addenda thereto. The verification shall be carried out and reported by an independent, competent person, stating that remediation was carried out in accordance with the approved remediation scheme and that the site is suitable for the permitted end use.

Reason: To avoid adverse effects from pollution on the environment, harm to human health or general amenity, in accordance with the National Planning Policy Framework.

Informatives 1 MATERIALS DEPOSITED ON THE HIGWAY

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 cleaning or repairing highway surface and prosecute persistent offenders. (Highways Act 1980 Section 131, 148,149).

2 ADVICE TO DEVELOPERS REGARDING CONTAMINATION ASSESSMENTS Before carrying out any contamination investigation or remediation of a site, the developer is strongly recommended to contact the Environmental Health & Licensing Team for guidance on the requirements for such investigations or remediation. Investigations, in particular, which do not adequately fulfil these recommendations, may result in additional work having to be carried out.