SURBITON NEIGHBOURHOOD COMMITTEE APPENDIX A 21/01/2020 REPORT BY HEAD OF PLANNING & REGENERATION PLANNING APPLICATIONS INDEX ITEM NO REGISTER NO ADDRESS DESCRIPTION RECOMMENDATION PAGE NO A1 19/01259/FUL Flats 114-116 Surbiton Court Mews St Andrews Square Surbiton Alterations and extensions at ground, first and second floor levels associated with the the formation of 5no. new self-contained flats and modification of existing flats at Surbiton Court Mews following the demolition of 2no. garages and a single storey studio (formerly garage) PERMIT A3 A2 19/02594/FUL Garage Site To The Rear Of Marlow House Cranes Park Surbiton KT5 8AG Erection of single storey 4 x bedroom dwellinghouse with associated parking and landscaping PERMIT A24 A3 19/01873/OUT 71 Villiers Avenue Surbiton KT5 8BE Demolition of existing dwelling and erection of new residential building housing 8 dwellings with associated parking, bins and cycle store (outline application to consider appearance, layout and scale PERMIT A40 Page A1
Alterations and extensions at ground, first and second floor levels associated with the the formation of 5no. new self-contained flats and modification of existing flats at Surbiton Court Mews following the demolition of 2no. garages and a single storey studio (formerly garage)
PERMIT A3
A2 19/02594/FUL Garage Site To The Rear Of Marlow House Cranes Park Surbiton KT5 8AG
Erection of single storey 4 x bedroom dwellinghouse with associated parking and landscaping
Demolition of existing dwelling and erection of new residential building housing 8 dwellings with associated parking, bins and cycle store (outline application to consider appearance, layout and scale
PERMIT A40
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21/01/2020
REPORT BY THE
Assistant Director of Strategic Planning & Infrastructure
PLANNING APPLICATIONS All recommendations for planning permission in this section are automatically subject to the condition limiting the duration of the permission required by Sections 91 and 92 of the Town and Country Planning Act (as amended) 1990 unless permission is to be granted for a limited period or unless there is a specific recommendation that the period for such duration be other than the period referred to in the standard condition. All background papers are incorporated into Planning Application Reports. The policies listed are those from the Royal Borough of Kingston upon Thames the Local Development Framework Core Strategy, Adopted April 2012. -------------------------------------------------------------------------------------------------------------------------------------
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Surbiton Neighbourhood Committee Date of Meeting: 21/01/20
A Register No: 19/01259/FUL
Address: FLATS 114-116, SURBITON COURT MEWS, ST ANDREWS SQUARE, SURBITON
(c) Crown Copyright. All rights reserved. Royal Borough of Kingston 2020. Licence number 100019285. [Please note that this plan is intended to assist in locating the development it is not the site plan of the proposed development which may have different boundaries. Please refer to the application documents for the proposed site boundaries.]
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Ward St Mark’s Description of Proposal Alterations and extensions at ground, first and second floor
levels associated with the formation of 5no. new self-contained flats and modification of existing flats at Surbiton Court Mews following the demolition of 2no. garages and a single storey studio (formerly garage)
Plan Type Full Application Planning Policy National Planning Policy Framework (NPPF) 2019 National Planning Practice Guidance (web based resource) Development Plan:
London Plan March 2016 LDF Core Strategy 2012
Consultations
1. 86 surrounding owner/occupiers were notified in writing of the application.
41 responses from separate addresses were received, all of which were objections. The material objections are summarised as follows:
● Impact on the character and appearance of the existing building and
Surbiton Court; ● Impact on the character and appearance of the wider area; ● Impact on pedestrian safety; ● Noise and disturbance; ● Air quality; ● Inadequate parking provision; ● Inadequate turning space; ● Impact on trees; ● Crime and anti-social behaviour; ● Overlooking; ● Overshadowing; ● Loss of daylight; ● Overbearing appearance; ● Impact on biodiversity; ● Poor outlook for basement level accommodation; ● Overdevelopment of the site; ● Inadequate refuse storage; and, ● Flood risk and drainage.
RBK Highways and Transportation
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2. No objection, subject to conditions and a legal agreement to prevent future occupants of the development from applying for parking permits.
RBK Tree and Landscape Officer 3. No objection, subject to conditions.
RBK Waste and Recycling Officer
4. No response received.
Site and Surroundings 5. The application site is an irregularly-shaped plot, measuring approximately
700m2, located to the north of St Andrews Square, Surbiton. It is occupied by a two storey building, which once served as the porter’s lodge, restaurant and guest rooms for Surbiton Court, a much larger block of flats adjacent to the site to the west. It now serves as three flats (two two-bedroom units and one one-bedroom unit) and a “studio” (garage converted to ancillary habitable accommodation), with a single garage attached to each flank. Parking is provided in front of each of these garages.
6. The site is constrained by a tree preservation order (relating to a single false
acacia) but is otherwise not subject to any designations. However, neighbouring St Andrews Square forms the greater part of the eponymous conservation area, with numbers 1 to 15 (15 being directly adjacent to the site) all being locally listed buildings, while directly to the north of the site is the Cleveland Road/The Mall Local Area of Special Character. The site has a Public Transport Accessibility Level (“PTAL”) of 3 and is located wholly within Flood Zone 1.
Proposal 7. The proposal is to extend and alter the existing building, including adding a
second floor level, to provide five new self-contained flats, bringing the total number of flats within the building to eight, comprising five one-bedroom units, one two-bedroom unit, and two three-bedroom units.
Assessment
The main considerations material to the determination of this application are:
● The planning history; ● The principle of the development; ● The standard of the proposed accommodation; ● The impact on the character and appearance of the area; ● The impact on the Conservation Area; ● The impact on the amenities of neighbouring occupiers;
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● Highways and Transportation; ● Trees; ● Legal Agreements; ● Sustainability; and, ● Other Matters.
Planning History 8. IN this case the planning history is a material consideration. In November
2018, planning permission was refused for the erection of extensions and alterations to the application property to provide six new self-contained flats (reference 18/16609/FUL). There were eight reasons for refusing that application, as follows:
1. the proposed basement flat would have offered a poor standard of
accommodation because of a lack of outlook from habitable rooms and its restricted size;
2. the design, siting and massing of the proposal would have detracted
from the character and appearance of the host property and the surrounding area;
3. the height, bulk and siting of the first and second floor extensions would
have resulted in unacceptable living conditions for residents of The Mall due to loss of outlook, loss of privacy, and overshadowing of gardens;
4. the height, bulk and siting of the first and second floor extensions would
have resulted in unacceptable living conditions for the occupants of 15 St Andrews Square due to loss of light, loss of outlook, and overshadowing of the garden;
5. the development would have failed to provide an appropriate mix of
housing;
6. in the absence of a suitable legal agreement, the proposals would have resulted in a significant increase in parking pressure on surrounding streets;
7. the proposals failed to demonstrate that the parking spaces in the
north-western corner of the site could be utilised in a safe manner; and
8. the proposals failed to consider the impact on trees, in particular the specimen covered by the TPO.
9. The current application is a revision of the previously refused proposals. The
main changes are as follows:
● Reduction in proposed number of new units from six to five;
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● Mix of dwellings altered to provide two fewer two-bedroom units and one additional three-bedroom unit;
● Extensions to south-eastern flank of the building pulled back from the rear
boundary by 2m;
● Second floor extension pulled back from rear boundary by 2m;
● Basement area incorporated into flat above, rather than being individual unit;
● White render finish to second floor replaced with facing brickwork;
● Eaves detailing removed;
● Number of proposed new rear facing windows at first floor level reduced
from seven to zero; and,
● An arboricultural impact assessment and method statement has been submitted.
10. The test is whether the current proposals have overcome the objections to the previously refused scheme and are acceptable in their own right.
Principle of Development
11. Paragraph 118 of the NPPF, 2019 directs that planning policies and decisions
should “promote and support the development of under-utilised land and buildings, especially if this would help to meet identified needs for housing where land supply is constrained and available sites could be used more effectively''
12. Paragraph 123 goes on to say that “Where there is an existing or anticipated
shortage of land for meeting identified housing needs, it is especially important that planning policies and decisions avoid homes being built at low densities, and ensure that developments make optimal use of the potential of each site.”
13. Paragraph 11 makes it clear that in terms of the presumption of sustainable
development and in relation to decision taking development proposals which accord with an up to date development plan should be approved without delay.
14. Regional policy supports this stance and policies 3.3 and 3.4 of the London
Plan March 2016 (consolidated with alterations since 2011) emphasise that the Mayor recognises the pressing need for more homes in London and will work with relevant partners to ensure that housing need is met.
15. At the local level, policy CS10 of the Council's LDF Core Strategy 2012 sets
out the Borough's housing targets as defined by the London Plan, 2011. These have increased since the adoption of the Core Strategy and the London Plan 2016 sets a target of 643 new residential dwellings per year. This application
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would provide five net additional units, one of which would be a family sized unit which would make a positive contribution towards this target.
16. It should be noted that currently the Council is unable to demonstrate a five
year supply of deliverable housing sites. 17. As there is no 5-year housing land supply, paragraph 11 of the NPPF indicates
that planning permission should be granted unless (i) the application of policies in this Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed; or (ii) any adverse impacts of doing so significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole. These considerations should be given considerable weight in the assessment of this planning application.
Standard of Accommodation
18. Paragraph 127 of the NPPF, 2019 and Policy 7.6 of the London Plan, 2016 (consolidated with alterations since 2011) seek to ensure that development secures a high standard of amenity for all existing and future users (of land and buildings).
19. Policy DM13 of the Council's LDF Core Strategy, 2012 states that the Council
will ensure that the housing delivered is of high quality and the most appropriate type.
20. The proposal would provide five one-bedroom dwellings (net gain of four), one
two-bedroom dwelling (no net change), and two three-bedroom dwellings (net gain of one).
21. With regards to internal space standards Policy 3.5 of the London Plan March
2016 states that the following minimum internal floor areas are required:
● Single storey 1 bedroom (1 bed space) flat = 39 sqm ● Single storey 1 bedroom (2 bed spaces) flat = 50 sqm ● Single storey 2 bedroom (3 bed spaces) flat = 61 sqm ● Single storey 3 bedroom (4 bed spaces) flat = 74 sqm ● Two storey 3 bedroom (5 bed spaces) flat = 93 sqm
22. The proposed units would all meet or slightly exceed these minimum
standards.
23. It is also important that each unit should have a good quality outlook and the previous application on the site was refused partly because the basement unit would have lacked this. By amalgamating this unit into the flat above, it is considered that this unit would, overall, enjoy a reasonable quality outlook, as would all of the other units throughout the development.
24. The Residential Design SPD recommends that 10 sqm of private amenity
space be provided for new flats, plus 1 sqm for each additional occupant. In Page A8
addition to this, 50 sqm of communal amenity space should be provided, with any shortfall in private amenity spaces added to this number.
25. Each of the proposed ground (and basement) floor flats would be provided with
private amenity spaces which exceed the recommendations of the SPD. Flat 8, on the second floor, would be provided with a private balcony but this would fall 8.2 sqm short of the requirement for a flat with five occupants. Flat 7, also on the second floor, as well as all of the first floor flats, would benefit from no private outdoor amenity space, bringing the total deficit to 52.2 sqm.
26. However, two separate areas of communal amenity space would be provided,
totalling an area of approximately 105 sqm. This is considered to mitigate the shortfall outlined above and in accordance with the guidance set out in the SPD.
27. Having regard to the above, it is considered that the development, overall,
would provide an acceptable standard of accommodation for future occupants. Character and Appearance
28. Together the NPPF 2019 and the London Plan 2016 operate to secure development of a high quality and (where applicable) replace poor design with better design.
29. Paragraph 127 of the NPPF 2019 states that planning decisions should ensure
developments:
a) will function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development;
b) are visually attractive as a result of good architecture, layout and
appropriate and effective landscaping;
c) are sympathetic to local character and history, including the surrounding built environment and landscape setting, while not preventing or discouraging appropriate innovation or change (such as increased densities);
d) establish or maintain a strong sense of place, using the arrangement of
streets, spaces, building types and materials to create attractive, welcoming and distinctive places to live, work and visit;
e) optimise the potential of the site to accommodate and sustain an
appropriate amount and mix of development (including green and other public space) and support local facilities and transport networks; and
f) create places that are safe, inclusive and accessible and which promote
health and well-being, with a high standard of amenity for existing and future users; and where crime and disorder, and the fear of crime, do not undermine the quality of life or community cohesion and resilience.
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30. At the regional policy level, policy 3.5 of the London Plan 2016 states that
housing developments should be the highest quality internally, externally, and in relation to their context and to the wider environment. The design of all new housing should enhance the quality of local places, taking into account physical context and local character.
31. Local policies CS8 and DM10 of the LDF Core Strategy 2012 support the
regional position and require that proposals relate well to their surroundings, recognise distinctive local features, have regard to the historic environment and be of a high standard to achieve a more attractive, sustainable and accessible environment.
32. London Plan Policy 3.4 states that for sites in urban areas (those areas with
predominantly dense development, such as, for example, terraced houses, mansion blocks, a mix of uses, medium building footprints and typically buildings of 2-4 storeys, located within 800m walking distance of a district centre) with PTAL ratings of 3, an appropriate density equates to 45-170 units/ha (or 200-450 habitable rooms/ha). The proposal would provide approximately 115 units/ha (or 300 habitable rooms/ha). Therefore, the proposal would fall within the recommended ranges of Policy 3.4 of the London Plan. However, it should be emphasised that the supporting text to the policy makes clear that whilst a rigorous appreciation of housing density is crucial to realising the optimum potential of sites, it is not appropriate to apply the density ranges mechanistically.
33. The proposal involves the demolition of the existing garages/studio unit and the
erection of considerable extensions to the building, including the construction of a third storey, to provide a total of eight flats plus associated amenity space. The new structure would measure a maximum of 8.6m in height above ground, bringing it closer to the height of the adjacent Surbiton Court, yet still sitting well below the height of properties on St Andrews Square.
34. In terms of design, the extensions would respect the existing building, which
was originally designed to be similar in style, but subservient to Surbiton Court. Whilst the building would lose this subservient appearance to some degree through the erection of an additional storey, it would retain a similar overall appearance, with a simple, regular form and a red brick finish. This is considered to be a considerable improvement over the previously refused scheme, where the top floor would have been set in from the floors below on all sides, and would have featured an uncharacteristically heavy eaves detail and white render finish.
35. More specifically and in terms of materials, the walls would be entirely red
brick, the roof would comprise a single ply membrane (to match existing) and the windows would comprise white uPVC (to match the newer existing windows). Any additional or replacement boundary treatments would consist of red brick dwarf walls and timber fence panels (to match existing). However, full details of the colour, texture and manufacturer’s specification would be
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required via condition to ensure that the quality and appearance of the materials are of sufficiently high quality.
36. Access to the development would be via the existing entrances to the front and
side. Soft landscaping, including the planting of 12 additional trees, would be implemented to provide visual amenity and partial screening. As with materials, further details of the planting species, planting schedule and maintenance of the landscaped areas of the development will be required via condition to ensure that the finished appearance is satisfactory and of high quality not only for future occupants, but for neighbouring properties and the wider character of the area.
37. Overall, the proposed development is considered to be of high quality. Though
clearly visible from neighbouring properties and the streetscape, it would not be visually incongruous and would be in keeping with the architectural style of the existing building and neighbouring Surbiton Court. Furthermore, its impact would be minimised by the boundary treatment and associated soft landscaping, thereby complying with Paragraph 127 of the NPPF 2019, policies 7.4 and 7.6 of the London Plan 2016, and policies CS8 and DM10 of the LDF Core Strategy 2012.
Impact on Conservation Area
38. Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended) places a duty on local planning authorities to pay special attention to the desirability of preserving or enhancing the character and appearance of conservation areas, when considering development proposals that would affect land or buildings within them.
39. In determining planning applications which affect heritage assets, the NPPF
requires local planning authorities to take account of: the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation; the positive contribution that conservation of heritage assets can make to sustainable communities including their economic vitality; and the desirability of new development making a positive contribution to local character and distinctiveness.
40. When considering the impact of a proposed development on the significance
of a designated heritage asset, great weight should be given to the asset’s conservation, irrespective of whether any potential harm amounts of substantial harm, total loss or less than substantial harm to its significance.
41. Where a proposed development will lead to substantial harm to (or total loss
of) the significance of a designated heritage asset, permission should be refused unless it can be demonstrated that the harm or loss is necessary to
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achieve substantial public benefits that outweigh the harm or loss, or all of the following apply:
a) The nature of the heritage asset prevents all reasonable uses of the
site;
b) No viable use of the heritage asset itself can be found in the medium term through appropriate marketing that will enable its conservation;
c) Conservation by grant-funding or some form of not for profit, charitable or public ownership is demonstrably not possible; and
d) The harm or loss is outweighed by the benefit of bringing the site back into use.
42. Where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal including, where appropriate, securing its optimum viable use.
43. The relevant regional and local planning policies echo the requirements of
national policy stated above.
44. The application site falls just beyond the boundary of the St Andrews Square Conservation Area. The significance of the conservation area is derived from the area of Victorian housing dating from the 1860s - 1880s, in Gothic and Classical styles, including a garden square unique to South West London. It forms a later phase of the Surbiton “New Town” begun in 1838 by Thomas Pooley.
45. Although the site is directly adjacent to the conservation area, the existing
building makes a limited contribution to its setting, being set well back from 15 St Andrews Square and screened to some extent by the boundary walls and vegetation. It is considered that no harm would be caused and the existing relationship would not be materially altered by the proposals, but in any case, the proposed design is considered to be high quality and respond well to its surroundings.
46. On this basis, it is considered that the proposed development would not result
in any harm to the significance of the conservation area. It is not therefore, necessary to weigh this against the public benefits of the proposals.
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Impact on Neighbours’ Residential Amenity
47. Paragraph 127 of the NPPF, 2019 and Policy 7.6 of the London Plan, 2016 (consolidated with alterations since 2011) seek to ensure that development secures a good standard of amenity for all existing and future users (of land and buildings).
48. More specifically, Policy DM10 of the LDF Core Strategy, 2012 seeks to
safeguard residential amenity with regards to privacy, outlook, sunlight/daylight, avoidance of visual intrusion and noise and disturbance.
49. In this case, the houses on The Mall (in particular numbers 22 to 26), as well
as 15 St Andrews Square, are the principal properties to be considered.
50. The existing building is already clearly visible due to its proximity to the north-eastern and south-eastern boundaries of the site. The effect of this is more pronounced when viewed from the properties on The Mall because of the significant width of the building. Whilst Officers consider that this visibility would be increased through the addition of a third storey, it would not be unacceptable, given that it would be set back from the second storey by 2m along its north-eastern edge, thereby softening its appearance considerably when viewed from The Mall.
51. The impact on 15 St Andrew’s Square would not be mitigated as above but
this property would still benefit from a reasonable area of garden where the development would not be visible, as opposed to running the entire length of the boundary. The impact here could be further softened by planting.
52. It is considered that the proposed development would not result in any harmful
loss of privacy to neighbouring occupiers because no new windows are proposed which would face towards 15 St Andrews Square and only one new window, at first floor level, would face The Mall. This window would comply with the recommended distances set out by the Residential Design SPD.
53. A daylight and sunlight assessment has been submitted in support of the
proposals which shows that any loss of daylight or sunlight to neighbouring windows and amenity spaces as a result of the development is unlikely to be noticeable. In addition and overall, the development falls within the guidelines set by the British Research Establishment. (BRE)
54. With regards to noise and disturbance, the proposed development would not
give rise to anything above and beyond that which is normally associated with residential accommodation. It is emphasised that the proposal would be for a residential use in a predominantly residential area which is considered entirely appropriate.
55. Having regard to the above, the proposal development is considered to ensure
a reasonable standard of amenity, in compliance with Paragraph 127 of the
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NPPF 2019, Policy 7.6 of the London Plan 2016 and Policy DM10 of the LDF Core Strategy 2012.
Highways and Transportation
56. Policies DM9 and DM10 of the LDF Core Strategy seek to ensure that new development has regard to local traffic conditions and does not contribute to congestion or compromise highway safety.
57. The site has a Public Transport Accessibility Level of 3 (moderate) and is
adjacent to a controlled parking zone (Zone R/S). 58. The proposed development would result in six off-street car parking spaces
being provided for the eight flats. This is two spaces short of the maximum standard in the London Plan and is considered appropriate.
59. However, there would be the potential for overspill parking. As the site is
directly adjacent to a CPZ and has a moderate PTAL, it is considered reasonable to preclude future occupants from obtaining on-street car parking permits and stipulate a requirement to inform potential buyers/tenants of the above exclusion, as well as publicise the lack of parking provision in sales brochures. This would be secured by a legal agreement.
60. It should be noted that the applicant has agreed to enter into such an
agreement which is currently being progressed.
61. Officers also consider that left unmanaged, the proposed car parking arrangements and one-way system may give rise to conflict between vehicles and pedestrians. Consequently, it is recommended that a car park management scheme be secured by condition to appropriately mitigate this risk.
62. With regards to cycle parking spaces and in accordance with the standards
set out in Table 6.3 of the London Plan March 2016, eleven spaces are required. The proposed plans show a dedicated bicycle store which appears large enough to accommodate ten bicycles. However, there is ample room within the site to provide the required number of spaces and details of these spaces would be required via condition to ensure full compliance with Policies DM9 and DM10 of the LDF Core Strategy and the Sustainable Transport SPD.
Trees
63. The proposal would involve the removal of two trees but neither of these are “high category” specimens and the one specimen which is subject to the TPO would be retained. A significant amount of outdoor amenity space would be provided for the new dwellings on site and on this basis, the proposal to plant 12 additional trees is considered feasible. It is recommended that full details of
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hard and soft landscaping, as well as the replacement planting, be secured by condition.
Legal Agreements
64. The applicant has agreed to enter into a legal agreement to preclude future occupants from obtaining on-street car parking permits and inform potential buyers/tenants of the above exclusion and to publicise the lack of parking provision in sales brochures should the Committee resolve to grant planning permission.
65. Subject to the signing of this legal agreement the proposal would comply with
policies DM9 and DM10 of the LDF Core Strategy 2012.
Sustainability
66. Policies 5.1 and 5.2 of the London Plan, 2016 (consolidated with alterations since 2011) seek to mitigate climate change and achieve an overall reduction in London's carbon dioxide emissions through a range of measures including using less energy, supplying energy efficiently and using renewable energy.
67. In addition, Policy CS1 of the LDF Core Strategy 2012 states that the Council
will ensure that all development (including extensions, refurbishments and conversions) is designed and built to make the most efficient use of resources, reduce its life cycle impact on the environment and contribute to climate change mitigation and adaptation. It should be noted that despite Policy DM1's requirements which encourage residential developments to achieve Code for Sustainable Homes (CfSH) Level 6 from 2016, the Code was revoked as part of the Housing Standards Review in 2015 and no longer applies. However, elements of the code were incorporated in the building regulations.
68. In this case the applicant has not submitted any information to demonstrate
how the proposed development would achieve the required reductions in C02 and internal water usage appear. As such, a detailed condition is recommended to ensure the required standards are met.
69. Subject to this condition, the proposal is considered to comply with Policies
DM1 of the Council's LDF Core Strategy, 2012. Other Matters
70. Air quality is a material consideration in assessing planning applications but it is not considered that the development would result in any deterioration above and beyond that which would normally be associated with residential development. Given that this is a residential area, this is considered appropriate.
71. Biodiversity is also a material consideration but the development would provide
a near equal amount of green, open space to that currently on the site. Given Page A15
that neither the existing gardens nor the buildings on the site are of any particular ecological value, it is not considered that any particular biodiversity enhancements are required in this case.
72. Refuse storage would be provided wholly within the site, along the boundary
with 15 St Andrews Square. This location is considered to be appropriate but it is recommended that details of the enclosures be secured by condition to ensure a satisfactory appearance on completion of the development.
73. Flood risk is a material consideration but the site is located wholly within Flood
Zone 1, which is the zone at the lowest risk of fluvial flooding and the site is not known to be at risk of groundwater flooding. In light of this, it would not be reasonable to resist the development on flood risk or drainage grounds.
Conclusion/Planning Balance
74. In conclusion, it is considered that whilst the proposal would result in a change in context with regards to the amenities of neighbouring occupiers, this does not outweigh the benefit of providing five net additional good quality market units (including one family sized unit) on the site. In this case the “tilted balance” applies and as no clear reason for refusing the development proposed has been identified and no adverse impacts of approving the application significantly and demonstrably outweigh the benefits, the proposals are considered to generally comply with the NPPF 2019, the London Plan 2016, the LDF Core Strategy 2012, the Sustainable Transport SPD 2013 and the Residential Design SPD 2013.
Recommendation: That planning permission be GRANTED, subject to a legal agreement and the following conditions:
1. The development shall be carried out in accordance with the following approved plans: 11 A 01 E 02 B 03 04 10 E 05 D 06 G 07 F 08 F
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09 E 12 A Reason: For the avoidance of doubt and in the interests of proper planning.
2. The development to which this permission relates shall be commenced within 3 years of the date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990 (as amended).
3. Prior to the commencement of any development above ground level, a sample of the facing materials to be utilised in the development to which this permission relates shall be submitted to and approved in writing by the local planning authority. The development shall then be carried out in strict accordance with these approved samples. Reason: These details are required prior to commencement of development as the details would affect subsequent design of other elements of the scheme and must be agreed at the outset and to ensure a satisfactory appearance on completion of the development, in accordance with policies 7.4 and 7.6 of the London Plan 2016 and policies CS8 and DM10 of the LDF Core Strategy 2012.
4. The flat roof area(s) of the development to which this permission relates shall not be used as a roof garden, balcony, seating area or other similar amenity area, and shall not be accessed except for the purpose of maintenance or in the case of emergency. Reason: To ensure satisfactory living conditions for neighbouring occupiers, in accordance with policy DM10 of the LDF Core Strategy 2012.
5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any Order revoking and reenacting that Order with or without modification), no windows or other openings (other than those expressly authorised by this permission) shall be inserted at first floor level or above in the north-eastern or south-eastern elevations unless otherwise agreed in writing by the local planning authority. Reason: To ensure satisfactory living conditions for neighbouring occupiers, in accordance with policy DM10 of the LDF Core Strategy 2012.
6. Prior to beneficial occupation of the development to which this permission relates, evidence showing that the development has achieved at least a 19% improvement
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in CO2 emissions versus Part L of the Building Regulations and internal water usage rates of no greater than 105L per person per day have been submitted to and approved in writing by the local planning authority. Reason: In the interests of sustainability and energy conservation, in accordance with policy 5.2 of the London Plan 2016 and policies CS1, DM3 and DM4 of the LDF Core Strategy 2012.
7. Prior to beneficial occupation of the development to which this permission relates, a detailed landscaping and planting scheme shall have been submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented within the first planting season following substantial completion of the development. The tree planting and landscaping shall thereafter be maintained for five years to the satisfaction of the Local Planning Authority. Any trees or shrubs which die during this period shall be replaced during the following planting season, and the areas shown to be landscaped shall be permanently retained for that purpose. Reason: To ensure a satisfactory appearance on completion of the development, in accordance with policies 7.4 and 7.6 of the London Plan 2016 and policies CS8 and DM10 of the LDF Core Strategy 2012.
8. Prior to the commencement of any development above ground level, details of waste and recycling facilities to serve the development to which this permission relates shall be submitted to and approved in writing by the local planning authority. The refuse and recycling facilities as shown in the approved details shall be provided prior to beneficial occupation of the development and shall be permanently retained thereafter. The developer and/or their successors in title shall take all reasonable steps to ensure that all refuse and recyclable materials associated with the development are either stored within these facilities or internally within the building(s) on the application site, and that no refuse or recycling material is stored or placed for collection on the public highway except on the day of collection. Reason: These details are required prior to commnecement of development as the details would affect subsequent design of other elements of the scheme and must be agreed at the outset and to ensure proper waste management in the interests of the character and appearance of the area and the living conditions of neighbouring occupiers, in accordance with policies 5.17 and 7.4 of the London Plan 2016 and policies CS8 and DM10 of the LDF Core Strategy 2012.
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9. Prior to the commencement of any development above ground level, details of secure cycle parking facilities to serve the development to which this permission relates shall be submitted to and approved in writing by the local planning authority. The cycle parking facilities as shown in the approved details shall be provided prior to beneficial occupation of the development to which this permission relates and shall be permanently retained for that purpose and kept free from obstruction thereafter. Reason: These details are required prior to commencement of development as the details would affect subsequent design of other elements of the scheme and must be agreed at the outset and to ensure that appropriate opportunities to promote sustainable transport are taken up, in accordance with policy 6.9 of the London Plan 2016 and policies CS6 and DM8 of the LDF Core Strategy 2012.
10.The garaging or car parking shown on the approved plans shall be provided with a hard-bound, adequately-drained, dust-free surface prior to beneficial occupation of the development to which this permission relates and shall be permanently retained and kept free from obstruction thereafter. It shall not be used for any purposes other than the parking of vehicles for the occupiers of and visitors to the development. Reason: To ensure the provision of adequate off-street parking in the interests of the safety and operation of the highway network, in accordance with policy 6.13 of the London Plan 2016 and policies CS7 and DM9 of the LDF Core Strategy 2012.
11.Prior to the commencement of any development above ground level, a car park management plan (detailing how the use of the car park will be controlled and the signage necessary to direct pedestrians and vehicles) shall be submitted to and approved in writing by the local planning authority. The development shall then be carried out in strict accordance with the approved plan. Reason: These details are required prior to commencement of development as the details would affect subsequent design of other elements of the scheme and must be agreed at the outset and to ensure the provision of adequate off-street parking in the interests of the safety and operation of the highway network, in accordance with policy 6.13 of the London Plan 2016 and policies CS7 and DM9 of the LDF Core Strategy 2012.
12.All works on site shall take place in accordance with the following details which shall have previously been submitted to in the form of a Construction Management Plan and approved in writing by the Local Planning Authority prior to the commencement of work:
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a. Statement on how the proposed development will be built, with method statements to outline how major elements of the works would be undertaken;
b. Proposals for loading/unloading materials, site storage etc; c. The route to and away from site for muck away and vehicles with materials; d. Deliveries/collections to and from the site should use a route that is agreed
with NRSWA team. The agreed route should be signed accordingly. e. Protocol for managing deliveries to one vehicle at a time on sites with
restricted access or space; f. Protocol for managing vehicles that need to wait for access to the site; and g. Whether any reversing manoeuvres are required onto or off the public
highway into the site, and whether a banksman will be provided; h. Temporary site access; i. Signing system for works traffic; j. Site access warning signs will be required in adjacent roads. k. Whether it is anticipated that statutory undertaker connections will be
required into the site. l. Storage of plant, materials and operatives vehicles; m. Measures for the laying of dust, suppression of noise and abatement of other
nuisance arising from development works; n. Location of all ancillary site buildings; o. Means of enclosure of the site; and p. Wheel washing equipment. q. The parking of vehicles of site operatives and visitors.
Reason: These details are required prior to commencement of development because the relevant works would take place at the beginning of the construction phase and in order to safeguard the amenities of the surrounding residential occupiers and to safeguard highway safety and the free flow of traffic in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.
13.The development shall be carried out in strict accordance with Arboricultural Impact
Assessment & Method Statement authored by Trevor Heaps and dated 28th January 2019. Reason: To safeguard trees worthy of retention and in the interests of the character and appearance of the area, in accordance with policies 7.4 and 7.21 of the London Plan 2016 and policies CS8 and DM10 of the LDF Core Strategy 2012.
Informative(s)
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.
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2. The applicant is advised that should protected species be found as a result of
future development he/she must fulfil his/her duties under the Wildlife and Countryside Act, 1981 (as amended) and the Conservation of Habitats and Species Regulations, 2010
3. 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.
4. When undertaking demolition and/or building work, please be considerate to your neighbours and do not undertake work before 8am or after 6pm Monday to Friday, before 8am or after 1pm on a Saturday or at any time on Sundays or Bank Holidays. Furthermore, please ensure that all vehicles associated with the construction of the development hereby approved are properly washed and cleaned to prevent the passage of mud and dirt onto the adjoining highway. You are advised that the Council does have formal powers to control noise and nuisance under The Control of Pollution Act 1974, the Clean Air Acts and other relevant legislation. For further information and advice, please contact - Environmental Health Department Pollution Section.
5. Your attention is drawn to the fact that planning permission does not override property rights and any ancient rights of light that may exist. This permission does not empower you to enter onto land not in your ownership without the specific consent of the owner. If you require further information or advice, you should consult a solicitor.
6. 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. 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”.
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7. Deliveries to the site will avoid peak traffic times. This is due to existing congestion along the surrounding roads which will be exacerbated with the proposals; Deliveries to the site should where possible avoid waiting on the highway as this could result in a reduction to road safety and emergency access; Any parking that cannot be contained within the site must park considerately and safely, so as not to obstruct sightlines at junctions or site accesses. The applicant should be aware that any such parking will cause unnecessary concern and agitation within the local community.
8. Service parking and deliveries should not cause any damage to the verges or margins, and no parking is allowed on either. A license from the Compliance Team will be required to erect off site direction signs. This same team will issue the hoarding license (if necessary) and seek appropriate deposits. The applicant should be advised that a licence is needed for a tower crane, and should contact the Street Scene Compliance Team on 020 8547 5002. A traffic management arrangement for the delivery, erection, dismantling and removal of a tower crane (if it would be used) should be submitted for approval. The applicant should be advised to consider if a parking suspension might be needed to allow access for big delivery construction vehicles involved. To apply for parking suspension (if needed), the applicant should contact the Environment Contact Centre on 020 8547 5002.
9. Should the access into the site during construction not be paved, spoil could be carried from the site onto the public highway. The access into the site should be paved to minimise the carryover of spoil onto adjacent roads. We would also require the applicant to sweep and wash down the adjacent roads to ensure that the public highway is kept clear of debris. This is to ensure a satisfactory road surface for road safety reasons at all times.
10. It is highlighted that any proposed works will result in substantial movement of heavy vehicles on the highways, and therefore the Council will require the applicant to undertake a road and footway condition survey before construction begins. This will take the form of a joint inspection with a member of the Street Scene Team and will involve a photographic record and visual observation of the roads, verges and margins.
11.Thames Water will aim to provide customers with a minimum pressure of 10m head (approx 1 bar) and a flow rate of 9 litres/minute at the point where it leaves Thames Waters pipes. The developer should take account of this minimum pressure in the design of the proposed development.
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12.The development approved by this planning permission will be liable to pay the Mayor of London's Community Infrastructure Levy (MCIL) and RBK CIL. Payment will be due once the owner/developer serves a development Commencement Notice on the Council, and a payment Demand Notice has been received by the owner. Failure to submit a Commencement Notice will incur a surcharge of 20% of the chargeable amount or £2,500, whichever is the lower amount. When you have discharged all pre-commencement conditions the Council will issue a Liability Notice to the owner setting out the MCIL and CIL calculations. Accompanying the Liability Notice will be a blank Commencement Notice and if necessary a blank Assumption of Liability form, both of which need to be completed and returned to the Council prior to development commencing. A failure to do so will incur a surcharge. Should you have any questions in respect of the contents of this letter or the CIL more generally, please contact the Council's Contact Centre by email [email protected] or phone 0208 547 5002.
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Surbiton Neighbourhood Committee Date of Meeting: 21/01/20
A Register No: 19/02594/FUL
Address: GARAGE SITE TO THE REAR OF MARLOW HOUSE, CRANES PARK, SURBITON, KT5 8AG
(c) Crown Copyright. All rights reserved. Royal Borough of Kingston 2020. Licence number 100019285. [Please note that this plan is intended to assist in locating the development. It is not the site plan of the proposed development which may have different boundaries. Please refer to the application documents for the proposed site boundaries.]
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Ward St Mark’s Description of Proposal Erection of a 4 x bedroom dwellinghouse with associated
parking and landscaping Plan Type Full Application Planning Policy National Planning Policy Framework (NPPF) 2019 National Planning Practice Guidance (web based resource) Development Plan:
London Plan March 2016 LDF Core Strategy 2012
Consultations
1. 16 surrounding owner/occupiers were notified in writing of the application. 7
responses from separate addresses were received, all of which were objections. The material objections are summarised as follows:
● Impact on biodiversity; ● Impact on the character and appearance of the area; ● Insufficient space for cars to enter and exit the site in a forward gear; ● Loss of privacy; ● Loss of outlook; and, ● Impact of basement on water levels and ground stability.
RBK Highways and Transportation 2. Awaiting response. RBK Tree and Landscape Officer 3. No objection, subject to conditions.
RBK Waste and Recycling Officer
4. No response received.
Site and Surroundings 5. The application site is an irregularly-shaped plot, measuring approximately
1200m2, located to the south-west of Cranes Park, Surbiton. It is occupied by
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a block of four garages, which are used under temporary license. Only one current user of the garages is a resident of Marlow House.
6. The site is constrained by two group tree preservation orders and forms part
of the Cranes Park Local Area of Special Character but is otherwise not subject to any particular designations. The site has a Public Transport Accessibility Level (“PTAL”) of 4 and is located wholly within Flood Zone 1.
Proposal 7. The proposal is to demolish the existing garage block and erect a four
bedroom dwelling set over three storeys (including basement level).
Assessment
The main considerations material to the determination of this application are:
● The principle of the development ● The standard of the proposed accommodation ● The impact on the character and appearance of the area ● The impact on the amenities of neighbouring occupiers ● Highways and Transportation ● Trees ● Legal Agreements ● Sustainability ● Other Matters
Principle of Development
8. Paragraph 118 of the NPPF, 2019 directs that planning policies and decisions
should “promote and support the development of under-utilised land and buildings, especially if this would help to meet identified needs for housing where land supply is constrained and available sites could be used more effectively''
9. Paragraph 123 goes on to say that “Where there is an existing or anticipated
shortage of land for meeting identified housing needs, it is especially important that planning policies and decisions avoid homes being built at low densities, and ensure that developments make optimal use of the potential of each site.”
10. Paragraph 11 makes it clear that in terms of the presumption of sustainable
development and in relation to decision taking development proposals which accord with an up to date development plan should be approved without delay.
11. Regional policy supports this stance and policies 3.3 and 3.4 of the London
Plan March 2016 (consolidated with alterations since 2011) emphasise that the Mayor recognises the pressing need for more homes in London and will work with relevant partners to ensure that housing need is met.
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12. At the local level, policy CS10 of the Council's LDF Core Strategy 2012 sets
out the Borough's housing targets as defined by the London Plan, 2011. These have increased since the adoption of the Core Strategy and the London Plan 2016 sets a target of 643 new residential dwellings per year. This application would provide one additional family unit which would make a positive contribution towards this target.
13. It should be noted that currently the Council is unable to demonstrate a five
year supply of deliverable housing sites. 14. As there is no 5-year housing land supply, paragraph 11 of the NPPF indicates
that planning permission should be granted unless (i) the application of policies in this Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed; or (ii) any adverse impacts of doing so significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole. These considerations should be given considerable weight in the assessment of this planning application.
Standard of Accommodation
15. Paragraph 127 of the NPPF, 2019 and Policy 7.6 of the London Plan, 2016 (consolidated with alterations since 2011) seek to ensure that development secures a high standard of amenity for all existing and future users (of land and buildings).
16. Policy DM13 of the Council's LDF Core Strategy, 2012 states that the Council
will ensure that the housing delivered is of high quality and the most appropriate type.
17. The proposal would provide one four-bedroom dwelling (net gain of one).
18. With regards to internal space standards Policy 3.5 of the London Plan March
2016 states that the following minimum internal floor areas are required:
● Three storey 4 bedroom (7 bed spaces) = 121 sqm
19. The proposed dwelling would greatly exceed this requirement.
20. It is also important that each unit should have a good quality outlook and the proposed dwelling would enjoy good quality views over its rear garden.
21. The Residential Design SPD recommends that 50 sqm of private amenity
space be provided for new dwellings, plus 5 sqm for each bedroom after the third. Applying this guidance to the current application results in a recommendation of 55 sqm.
22. Again, the proposed dwelling would greatly exceed this target.
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23. Having regard to the above, it is considered that the development would provide an acceptable standard of accommodation for future occupants.
Character and Appearance
24. Together the NPPF 2019 and the London Plan 2016 operate to secure development of a high quality and (where applicable) replace poor design with better design.
25. Paragraph 127 of the NPPF 2019 states that planning decisions should ensure
developments:
a) will function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development;
b) are visually attractive as a result of good architecture, layout and
appropriate and effective landscaping;
c) are sympathetic to local character and history, including the surrounding built environment and landscape setting, while not preventing or discouraging appropriate innovation or change (such as increased densities);
d) establish or maintain a strong sense of place, using the arrangement of
streets, spaces, building types and materials to create attractive, welcoming and distinctive places to live, work and visit;
e) optimise the potential of the site to accommodate and sustain an
appropriate amount and mix of development (including green and other public space) and support local facilities and transport networks; and
f) create places that are safe, inclusive and accessible and which promote
health and well-being, with a high standard of amenity for existing and future users; and where crime and disorder, and the fear of crime, do not undermine the quality of life or community cohesion and resilience.
26. At the regional policy level, policy 3.5 of the London Plan 2016 states that
housing developments should be the highest quality internally, externally, and in relation to their context and to the wider environment. The design of all new housing should enhance the quality of local places, taking into account physical context and local character.
27. Local policies CS8 and DM10 of the LDF Core Strategy 2012 support the
regional position and require that proposals relate well to their surroundings, recognise distinctive local features, have regard to the historic environment and be of a high standard to achieve a more attractive, sustainable and accessible environment.
28. London Plan Policy 3.4 states that for sites in suburban areas (areas with
predominantly lower density development such as, for example, detached and Page A28
semi-detached houses, predominantly residential, small building footprints and typically buildings of two to three storeys) with PTAL ratings of 4, an appropriate density equates to 45-130 units/ha (or 200-350 habitable rooms/ha). The proposal would provide approximately 8.3 units/ha (or 50 habitable rooms/ha). Therefore, the proposal would fall below the recommended ranges of Policy 3.4 of the London Plan. However, it should be emphasised that the supporting text to the policy makes clear that whilst a rigorous appreciation of housing density is crucial to realising the optimum potential of sites, it is not appropriate to apply the density ranges mechanistically.
29. The proposal involves the demolition of the existing garages and the erection
of a new four bedroom dwelling. The new structure would measure a maximum of 5.6m in height above ground, sitting well below the height of the adjacent Cranhurst Lodge.
30. In terms of design, the proposed dwelling would be distinctly contemporary,
with a simple, rectangular footprint and flat roof giving a boxy appearance. Large expanses of floor-to-ceiling windows would limit the effect of its bulk and soft landscaping would further soften its appearance.
31. More specifically in terms of materials, the walls would be clad with softwood
and the front door would be made of similar material. The windows and rainwater goods would be aluminium, while the chimney would be grey brick. This would be topped by a sedum green roof. Samples of these materials have been provided in support of the application and officers are satisfied that they are of a sufficiently high quality and would result in a satisfactory appearance on completion of the development.
32. Overall, the proposed development is considered to be of high quality. Though
clearly visible from neighbouring properties and of a different style to these properties, it is not considered that it would be in any way detrimental to the character or appearance of the area. Furthermore, its impact would be minimised by soft landscaping, thereby complying with Paragraph 127 of the NPPF 2019, policies 7.4 and 7.6 of the London Plan 2016, and policies CS8 and DM10 of the LDF Core Strategy 2012.
Impact on Neighbours’ Residential Amenity
33. Paragraph 127 of the NPPF, 2019 and Policy 7.6 of the London Plan, 2016 (consolidated with alterations since 2011) seek to ensure that development secures a good standard of amenity for all existing and future users (of land and buildings).
34. More specifically, Policy DM10 of the LDF Core Strategy, 2012 seeks to
safeguard residential amenity with regards to privacy, outlook, sunlight/daylight, avoidance of visual intrusion and noise and disturbance.
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35. In this case, the flats within Marlow House are the principal properties to be considered.
36. The proposed dwelling would be well separated from neighbouring properties
and would be limited in height, sitting well below the immediately adjacent Cranhurst Lodge. It is also noted that a garage block would intervene between the dwelling and the properties most likely to be affected. On this basis, it is not considered that the dwelling would appear overbearing or result in any materially harmful loss of light to neighbouring occupiers.
37. It is not considered that the proposed development would result in any harmful
loss of privacy to neighbouring occupiers because it would be predominantly single storey and the small area at first floor would only afford views to the rear of the site, over the site’s garden area and Cranhurst Lodge. While it is acknowledged that some views may be possible from the ground floor windows at the front of the building towards Marlow House, largely the same views are offered by the site in its present condition. It should also be noted that all of the windows in the development would comply with the recommended distances set out in the Residential Design SPD.
38. With regards to noise and disturbance, the proposed development would not
give rise to anything above and beyond that which is normally associated with residential accommodation. It is emphasised that the proposal would be for a residential use in a predominantly residential area which is considered entirely appropriate.
39. Having regard to the above, the proposal development is considered to ensure
a reasonable standard of amenity, in compliance with Paragraph 127 of the NPPF 2019, Policy 7.6 of the London Plan 2016 and Policy DM10 of the LDF Core Strategy 2012.
Highways and Transportation
40. Policies DM9 and DM10 of the LDF Core Strategy seek to ensure that new development has regard to local traffic conditions and does not contribute to congestion or compromise highway safety.
41. The site has a Public Transport Accessibility Level of 4 (good) and is within a
controlled parking zone (Zone V). 42. The proposed development would provide two off-street car parking spaces,
which is considered appropriate. The applicant has submitted a transport statement which demonstrates that these spaces could be accessed safely and that a vehicle could enter and leave the site in a forward gear.
43. However, there would still be the potential for overspill parking. As the site is
within a CPZ and has a good PTAL, it is considered reasonable to preclude future occupants from obtaining on-street car parking permits and stipulate a requirement to inform potential buyers/tenants of the above exclusion, as well
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as publicise the lack of parking provision in sales brochures. This would be secured by a legal agreement.
44. It should be noted that the applicant has agreed to enter into such an
agreement which is currently being progressed.
45. With regards to cycle parking spaces and in accordance with the standards set out in Table 6.3 of the London Plan March 2016, two spaces are required. The proposed plans show a dedicated bicycle storage in the basement, which could accommodate four cycles.
Trees
46. The proposal would involve the removal of a number of trees but none of these are “high category” specimens and the specimens which are subject to the TPOs would be retained. A significant amount of outdoor amenity space would be provided for the new dwellings on site and on this basis, adequate replacement planting is considered feasible. It is recommended that full details of hard and soft landscaping, as well as the replacement planting, be secured by condition.
Legal Agreements
47. The applicant has agreed to enter into a legal agreement to preclude future occupants from obtaining on-street car parking permits and inform potential buyers/tenants of the above exclusion and to publicise the lack of parking provision in sales brochures should the Committee resolve to grant planning permission.
48. Subject to the signing of this legal agreement the proposal would comply with
policies DM9 and DM10 of the LDF Core Strategy 2012.
Sustainability
49. Policies 5.1 and 5.2 of the London Plan, 2016 (consolidated with alterations since 2011) seek to mitigate climate change and achieve an overall reduction in London's carbon dioxide emissions through a range of measures including using less energy, supplying energy efficiently and using renewable energy.
50. In addition, Policy CS1 of the LDF Core Strategy 2012 states that the Council
will ensure that all development (including extensions, refurbishments and conversions) is designed and built to make the most efficient use of resources, reduce its life cycle impact on the environment and contribute to climate change mitigation and adaptation. It should be noted that despite Policy DM1's requirements which encourage residential developments to achieve Code for Sustainable Homes (CfSH) Level 6 from 2016, the Code was revoked as part of the Housing Standards Review in 2015 and no longer applies. However, elements of the code were incorporated in the building regulations.
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51. In this case the applicant has submitted an energy statement to demonstrate
how the proposed development would achieve the required reductions in C02 and internal water usage appear. However, a detailed condition is recommended to ensure the required standards are met.
52. Subject to this condition, the proposal is considered to comply with Policies
DM1 of the Council's LDF Core Strategy, 2012. Other Matters
53. Biodiversity is a material consideration and the applicant has submitted and ecological impact assessment in support of the application. The assessment proposed a series of ecological enhancements, which officers consider to be appropriate. It is recommended that these enhancements be secured by condition.
54. The impact of the proposed basement on ground stability and water levels is
also a material consideration. It is recommended that a basement impact assessment be secured by condition to ensure that the development would not have any undue impact on neighbouring properties.
Conclusion/Planning Balance
55. In conclusion, it is considered that the proposed development would not give rise to any adverse impacts which might outweigh the benefits of providing one additional high quality family dwelling on the site. In this case the “tilted balance” applies and as no clear reason for refusing the development proposed has been identified and no adverse impacts of approving the application significantly and demonstrably outweigh the benefits, the proposals are considered to generally comply with the NPPF 2019, the London Plan 2016, the LDF Core Strategy 2012, the Sustainable Transport SPD 2013 and the Residential Design SPD 2013.
Recommendation: That planning permission be GRANTED, subject to a legal agreement and the following conditions:
1. The development shall be carried out in accordance with the following approved plans: 18126LS 18126E MHS-01 MHS-03
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MHS-04 MHS-06 Reason: For the avoidance of doubt and in the interests of proper planning.
2. The development to which this permission relates shall be commenced within 3 years of the date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990 (as amended).
3. The development to which this permission relates shall be carried out in strict accordance with the materials specified on the approved plans and on the application form, and with the samples submitted in support of this application, unless otherwise agreed in writing by the local planning authority. Reason: To ensure a satisfactory appearance on completion of the development, in accordance with policies 7.4 and 7.6 of the London Plan 2016 and policies CS8 and DM10 of the LDF Core Strategy 2012.
4. The flat roof area(s) of the development to which this permission relates shall not be used as a roof garden, balcony, seating area or other similar amenity area, and shall not be accessed except for the purpose of maintenance or in the case of emergency. Reason: To ensure satisfactory living conditions for neighbouring occupiers, in accordance with policy DM10 of the LDF Core Strategy 2012.
5. Prior to beneficial occupation of the development to which this permission relates, evidence showing that the development has achieved at least a 19% improvement in CO2 emissions versus Part L of the Building Regulations and internal water usage rates of no greater than 105L per person per day have been submitted to and approved in writing by the local planning authority. Reason: In the interests of sustainability and energy conservation, in accordance with policy 5.2 of the London Plan 2016 and policies CS1, DM3 and DM4 of the LDF Core Strategy 2012.
6. The development to which this permission relates shall be carried out in accordance with the recommendations contained within section 5.3 of Ecological Impact Assessment reference P3334.1.0. Reason: To safeguard the biodiversity and nature conservation value of the
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site, in accordance with policy 7.19 of the London Plan 2016 and policies CS3 and DM6 of the LDF Core Strategy 2012.
7. Prior to beneficial occupation of the development to which this permission relates, a detailed landscaping and planting scheme shall have been submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented within the first planting season following substantial completion of the development. The tree planting and landscaping shall thereafter be maintained for five years to the satisfaction of the Local Planning Authority. Any trees or shrubs which die during this period shall be replaced during the following planting season, and the areas shown to be landscaped shall be permanently retained for that purpose. Reason: To ensure a satisfactory appearance on completion of the development, in accordance with policies 7.4 and 7.6 of the London Plan 2016 and policies CS8 and DM10 of the LDF Core Strategy 2012.
8. Prior to the commencement of any development above ground level, details of waste and recycling facilities to serve the development to which this permission relates shall be submitted to and approved in writing by the local planning authority. The refuse and recycling facilities as shown in the approved details shall be provided prior to beneficial occupation of the development and shall be permanently retained thereafter. The developer and/or their successors in title shall take all reasonable steps to ensure that all refuse and recyclable materials associated with the development are either stored within these facilities or internally within the building(s) on the application site, and that no refuse or recycling material is stored or placed for collection on the public highway except on the day of collection. Reason: These details are required prior to commencement of development because the details would affect subsequent design of other elements of the scheme and must be agreed at the outset and to ensure proper waste management in the interests of the character and appearance of the area and the living conditions of neighbouring occupiers, in accordance with policies 5.17 and 7.4 of the London Plan 2016 and policies CS8 and DM10 of the LDF Core Strategy 2012.
9. The cycle parking facilities as shown on the approved plans shall be provided prior to beneficial occupation of the development to which this permission
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relates and shall be permanently retained for that purpose and kept free from obstruction thereafter. Reason: To ensure that appropriate opportunities to promote sustainable transport are taken up, in accordance with policy 6.9 of the London Plan 2016 and policies CS6 and DM8 of the LDF Core Strategy 2012.
10.The garaging or car parking shown on the approved plans shall be provided with a hard-bound, adequately-drained, dust-free surface prior to beneficial occupation of the development to which this permission relates and shall be permanently retained and kept free from obstruction thereafter. It shall not be used for any purposes other than the parking of vehicles for the occupiers of and visitors to the development. Reason: To ensure the provision of adequate off-street parking in the interests of the safety and operation of the highway network, in accordance with policy 6.13 of the London Plan 2016 and policies CS7 and DM9 of the LDF Core Strategy 2012.
11.All works on site shall take place in accordance with the following details which shall have previously been submitted to in the form of a Construction Management Plan and approved in writing by the Local Planning Authority prior to the commencement of work:
a. Statement on how the proposed development will be built, with method statements to outline how major elements of the works would be undertaken;
b. Proposals for loading/unloading materials, site storage etc; c. The route to and away from site for muck away and vehicles with
materials; d. Deliveries/collections to and from the site should use a route that is
agreed with NRSWA team. The agreed route should be signed accordingly.
e. Protocol for managing deliveries to one vehicle at a time on sites with restricted access or space;
f. Protocol for managing vehicles that need to wait for access to the site; and
g. Whether any reversing manoeuvres are required onto or off the public highway into the site, and whether a banksman will be provided;
h. Temporary site access; i. Signing system for works traffic; j. Site access warning signs will be required in adjacent roads. k. Whether it is anticipated that statutory undertaker connections will be
required into the site. l. Storage of plant, materials and operatives vehicles; m. Measures for the laying of dust, suppression of noise and abatement of
other nuisance arising from development works; Page A35
n. Location of all ancillary site buildings; o. Means of enclosure of the site; and p. Wheel washing equipment. q. The parking of vehicles of site operatives and visitors.
Reason: These details are required prior to commencement of development because the relevant works would take place at the beginning of the construction phase and in order to safeguard the amenities of the surrounding residential occupiers and to safeguard highway safety and the free flow of traffic in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.
12.The development shall be carried out in strict accordance with Arboricultural
Report authored by ACS (TREES) and dated 10th October 2019. Reason: To safeguard trees worthy of retention and in the interests of the character and appearance of the area, in accordance with policies 7.4 and 7.21 of the London Plan 2016 and policies CS8 and DM10 of the LDF Core Strategy 2012.
Informative(s)
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. The applicant is advised that should protected species be found as a result of future development he/she must fulfil his/her duties under the Wildlife and Countryside Act, 1981 (as amended) and the Conservation of Habitats and Species Regulations, 2010
3. 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.
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4. When undertaking demolition and/or building work, please be considerate to your neighbours and do not undertake work before 8am or after 6pm Monday to Friday, before 8am or after 1pm on a Saturday or at any time on Sundays or Bank Holidays. Furthermore, please ensure that all vehicles associated with the construction of the development hereby approved are properly washed and cleaned to prevent the passage of mud and dirt onto the adjoining highway. You are advised that the Council does have formal powers to control noise and nuisance under The Control of Pollution Act 1974, the Clean Air Acts and other relevant legislation. For further information and advice, please contact - Environmental Health Department Pollution Section.
5. Your attention is drawn to the fact that planning permission does not override property rights and any ancient rights of light that may exist. This permission does not empower you to enter onto land not in your ownership without the specific consent of the owner. If you require further information or advice, you should consult a solicitor.
6. 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. 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”.
7. Deliveries to the site will avoid peak traffic times. This is due to existing congestion along the surrounding roads which will be exacerbated with the proposals; Deliveries to the site should where possible avoid waiting on the highway as this could result in a reduction to road safety and emergency access; Any parking that cannot be contained within the site must park considerately and safely, so as not to obstruct sightlines at junctions or site accesses. The applicant should be aware that any such parking will cause unnecessary concern and agitation within the local community.
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8. Service parking and deliveries should not cause any damage to the verges or margins, and no parking is allowed on either. A license from the Compliance Team will be required to erect off site direction signs. This same team will issue the hoarding license (if necessary) and seek appropriate deposits. The applicant should be advised that a licence is needed for a tower crane, and should contact the Street Scene Compliance Team on 020 8547 5002. A traffic management arrangement for the delivery, erection, dismantling and removal of a tower crane (if it would be used) should be submitted for approval. The applicant should be advised to consider if a parking suspension might be needed to allow access for big delivery construction vehicles involved. To apply for parking suspension (if needed), the applicant should contact the Environment Contact Centre on 020 8547 5002.
9. Should the access into the site during construction not be paved, spoil could be carried from the site onto the public highway. The access into the site should be paved to minimise the carryover of spoil onto adjacent roads. We would also require the applicant to sweep and wash down the adjacent roads to ensure that the public highway is kept clear of debris. This is to ensure a satisfactory road surface for road safety reasons at all times.
10. It is highlighted that any proposed works will result in substantial movement of heavy vehicles on the highways, and therefore the Council will require the applicant to undertake a road and footway condition survey before construction begins. This will take the form of a joint inspection with a member of the Street Scene Team and will involve a photographic record and visual observation of the roads, verges and margins.
11.Thames Water will aim to provide customers with a minimum pressure of 10m head (approx 1 bar) and a flow rate of 9 litres/minute at the point where it leaves Thames Waters pipes. The developer should take account of this minimum pressure in the design of the proposed development.
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12.The development approved by this planning permission will be liable to pay the Mayor of London's Community Infrastructure Levy (MCIL) and RBK CIL. Payment will be due once the owner/developer serves a development Commencement Notice on the Council, and a payment Demand Notice has been received by the owner. Failure to submit a Commencement Notice will incur a surcharge of 20% of the chargeable amount or £2,500, whichever is the lower amount. When you have discharged all pre-commencement conditions the Council will issue a Liability Notice to the owner setting out the MCIL and CIL calculations. Accompanying the Liability Notice will be a blank Commencement Notice and if necessary a blank Assumption of Liability form, both of which need to be completed and returned to the Council prior to development commencing. A failure to do so will incur a surcharge. Should you have any questions in respect of the contents of this letter or the CIL more generally, please contact the Council's Contact Centre by email [email protected] or phone 0208 547 5002.
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Surbiton Neighbourhood Committee Date of Meeting: 21/01/2020
A3 Register No: 19/01873/OUT
Address: 71 VILLIERS AVENUE SURBITON KT5 8BE
(c) Crown Copyright. All right reserved. Royal Borough of Kingston 2007. Licence number 100019285.
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[Please note that this plan is intended to assist in locating the development it is not the site plan of the proposed development which may have different boundaries. Please refer to the application documents for the proposed site boundaries.]
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Ward: St Marks Description of Proposal: Demolition of existing dwelling and erection
of new residential building housing 8 dwellings with associated parking, bins and cycle store (outline application to consider appearance, layout and scale)
Plan Type: Full Application Expiry Date: 09/10/2019
National Planning Policy Framework (NPPF) 2019 Planning Practice Guidance (web based resource)
Development Plan London Plan 2016 LDF Core Strategy April 2012 Policies
LONDON PLAN 2016 LP 3.3 Increasing housing supply LP 3.4 Optimising housing potential LP 3.5 Quality and design of housing development LP 5.1 Climate Change Mitigation LP 5.2 Minimising Carbon Dioxide Emissions LP 6.9 Cycling LP 6.13 Parking LP 7.4 Local character LP 7.6 Architecture LDF CORE STRATEGY CORE POLICIES CS 01 Climate Change Mitigation CS 08 Character, Heritage and Design CS 10 Housing Delivery LDF CORE STRATEGY DEVELOPMENT MANAGEMENT DM01 Sustainable Design and Construction Standards DM10 Design Requirements for New Developments DM13 Housing Quality and Mix
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Consultations
1. Neighbour notifications: 11 addresses have been notified of the proposed development. 10 responses have been received, all of which were objections. The material grounds of objection are summarised as follows:
● Mass, bulk and height; ● Design and Layout; ● Density/overdevelopment; ● Loss of privacy; ● Loss of sunlight/daylight; ● Inadequate landscaping; ● Car parking/access issues; ● Noise and disturbance during construction; and ● Incompatible and inappropriate use.
Site and Surroundings
2. The application site is located on the west side of Villiers Avenue on the north corner of the junction with Cranes Park Crescent. The site is occupied by a detached two storey residential building.
3. The surrounding area is predominantly residential in character and appearance. The site has a Public Transport Accessibility Level (PTAL) of 1b (poor) and sits within an area of parking control. The site is not located in a conservation area and the buildings and curtilage are not statutorily or locally listed.
Proposal
4. Outline planning permission is sought for the Demolition of existing dwelling and erection of new residential building housing 8 dwellings with associated parking, bins and cycle store (outline application to consider appearance, layout and scale).
5. The Development would consist of: ● 2 x 1 bed 1 person unit; ● 2 x 1 bed 2 person unit ; ● 2 x 2 bed 3 person unit; and, ● 2 x 3 bed 4 person unit.
6. The proposed development is submitted as an amendment to planning application 18/16587/FUL. Application 18/16587/FUL was the subject of an appeal which was allowed. The main difference between the two developments are as follows:
● Increase in number of units from 6 to 8 to include an additional 2 x 1 bed 1 person units (In enlarged basement); and,
● Enlarged basement and front and rear basement lightwells.
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Assessment
The main considerations material to the determination of this application are:
● Principle of Proposed Development ● Quality of Accommodation and mix of accommodation ● Impact on Character of Area ● Impact on Neighbour’s Residential Amenity ● Highways and Parking ● Trees ● Legal Agreements ● CIL ● Sustainability ● Other matters
Principle of Proposed Development
7. The proposed development seeks to intensify the provision of residential units on the application site that is located on existing residential land in a residential area. It is considered that the proposed development would be compatible with and would not change the existing primary residential use of the site. It is considered that subject to the detailed consideration of all other matters, the principle of the development would be acceptable.
8. Policy CS10 (Housing Delivery) of the Council's LDF Core Strategy (2012) states that the Council will take every opportunity to deliver new housing
9. Paragraph 59 of the NPPF (2019) states [inter alia] that to significantly boost the supply of homes, it is important that a sufficient amount and variety of land can come forward where it is needed and that land with permission is developed without unnecessary delay.
10.The Borough's annual housing target has increased since the adoption of the LDF Core Strategy and Kingston currently has an annual housing target of 643 new residential dwellings per year (London Plan 2016).
11.This application proposes 8 additional residential units, therefore helping to contribute to these annual housing targets. In addition, the Council are currently unable to demonstrate a 5 year supply of land for the delivery of housing. As such, the 'titled balance' and Paragraph 11(d) of the NPPF (2019) is a material planning consideration.
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Quality and mix of accommodation
12.The proposed accommodation of the new dwelling houses would comply with the existing internal space standards set out in the London Plan Policy 3.5 table 3.3. The proposed dwelling houses would have a practical layout and an acceptable level of amenity space proportionate to the size of dwelling houses proposed. Overall it is considered that this is acceptable to provide adequate outlook for future occupants who would also have an acceptable level of privacy and provision of daylight and sunlight.
13.The mix of accommodation is considered appropriate for the proposed developments location and would comply with Policy DM13 providing 2 3 bed units capable of being used as a family unit equating to circa 30% of the mix of units in the proposed development.
Impact on Character of Area
14.Policies CS8 and DM10 of the Council's LDF Core Strategy (2012) advise that proposals should relate well to their surroundings and be of a high standard of design to achieve a more attractive, sustainable and accessible environment.
15.Policy CS8 (Character, Heritage and Design) states that the Council will protect the primarily suburban character of the Borough, existing buildings and areas of high quality and historic interest from inappropriate development. Policy DM10 (Design Requirements for New Developments (Including House Extensions) states that development proposals will be required to incorporate principles of good design.
16.The application is an outline application seeking consideration of the scale, layout and appearance of the proposed development. The application is an amendment to the proposal submitted under planning application 18/16587/FUL The application was subject of an appeal which was allowed.
17.The overall general scale, layout and appearance of the proposed development is in keeping with that of the proposed development allowed by appeal submitted under planning application 18/1587/FUL. The development at ground level and above is of the same character and appearance. The changes to the development proposed are a reduction in the internal floorspace of the 3 bedroom units and an enlargement of the basement to allow for an additional 2 x 1 bed units and an enlarged rear basement lightwell and new front lightwell.
18.The Inspector in assessing the proposed development allowed under appeal stated the following:-
19. ‘In terms of character and appearance, the area contains 2 storey pitched roof semi-detached houses with front and back gardens and gaps to the side. Some gaps have been filled up close to the
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boundary by garages, extensions or outbuildings. However, there is a variety of building stock seen in the area. It also includes detached dwellings, substantial roof extensions and blocks of flats including, for example, Oldfield Court on the opposite side of Cranes Park Crescent from the appeal site.
20.The appeal site is a wide and deep corner plot containing a modest detached dwelling. The evidence indicates it is not subject to any heritage designations and nor is the wider area. The appeal development would replace the existing dwelling with a 2 storey block of flats with a flat top mansard roof to accommodate an additional floor.
21.Whilst this proposed roof form is not prevalent in the area, the evidence indicates a similar roof form has been approved nearby on the same road and given the variety of building stock seen in the area it would not look out of place in this context. The development would also have an overall height comparable to existing development in the area.
22.The proposed building would be wider than the existing building but it would retain a gap between it and the dwelling on the adjacent plot avoiding a terracing effect. It would also be set in from the footway on the flank elevation in a similar fashion to the existing dwelling on the opposite side of Cranes Park Crescent. Whilst the proposed building footprint would cover more of the plot than the existing building it would sit comfortably on the plot and retain a large back garden and space for landscaping at the front.
23.The front building line would sit marginally forward of the building line of the adjacent house but not to an extent which would be harmful. It includes 2 storey projecting bay window features and as I saw on my site visit such features are commonly seen on homes in this area. The depth of the building would extend further back than the existing building on the site but given the appeal site is a generous sized corner plot this would not appear out of place.
24.The appeal development would increase the density of development on the site but density considerations are only the start of planning housing development and account should be taken of other factors including local context. Given the local context, detailed above, in my judgement the appeal development would not harm the character or appearance of the area.
25.The Inspectors comments are considered relevant to and a material consideration of the assessment of the proposed development subject of this application given the obvious similarities between the two schemes.
26.The changes to the scheme allowed at appeal are primarily internal and subterranean and do not change the overall character and appearance of the appeal scheme. As such it is considered that officers are directed by the assessment of the Inspector and that the proposed development subject of the application being assessed
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does not cause harm to the character and appearance of the area. 27.The proposed development therefore, would accord with policies
CS8, DM10 and DM12 of the Council's adopted LDF Core Strategy April 2012.
Impact on Neighbours’ Residential Amenity
28.Paragraph 127 of the NPPF directs planning decisions should ensure that developments are visually attractive with a high standard of amenity for all existing and future users of land and buildings.
29.Policy DM10 (Design Requirements for New Developments) advises that development must have regard to the amenities of occupants and neighbours, including in terms of privacy, outlook, sunlight/daylight, avoidance of visual intrusion and noise and disturbance.
30.The proposed development by virtue of its size, siting and design in relation to the neighbouring properties would not cause any significant material harm to the outlook, daylight/sunlight provision or privacy of the neighbouring occupiers.
31.The proposal would accord with policy DM10 of the Council's adopted LDF Core Strategy April 2012.
Highways & Parking
32.Paragraph 109 of the National Planning Policy Framework (NPPF) states that development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe.
33.The site has a low PTAL rating of 1b (poor). The proposal does not provide off-street parking. The proposed development would create demand for on street parking. In order to mitigate this the applicant has agreed to enter into and sign and complete a legal agreement to prevent future occupants and their visitors from applying and obtaining residents and visitors on street parking permits.
34.A condition is suggested to secure appropriate cycle parking prior to occupation of the units.
35.As such it is considered that the proposal would comply with paragraph 109 of the NPPF and Policy DM10 of the Council's adopted LDF Core Strategy.
Trees
36.The application does not involve the removal of any trees and if the application is approved a landscaping scheme would be secured by condition.
37. It is considered that the proposal would accord with policy DM10 of the Council's adopted LDF Core Strategy April 2012.
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Legal Agreements
38.The applicant has agreed to enter into and sign and complete a legal agreement to prevent future occupants and their visitors from applying and obtaining residents and visitors on street parking permits.
39.The resolution to recommend approval would be subject to completion of said legal agreement.
CIL 40.The proposed development would be both MCIL (£60 per sqm) and
KCIL (£130 per sqm) liable. Sustainability
41.Policies 5.1 and 5.2 of the London Plan (2016) seek to mitigate climate change and achieve an overall reduction in London's carbon dioxide emissions through a range of measures including less energy, supplying energy efficiently and using renewable energy.
42.Policy CS1 (Climate Change Mitigation) states that the Council will ensure that all development (including extensions, refurbishments and conversions) is designed and built to make the most efficient use of resources, reduce its lifecycle impact on the environment and contribute to climate change mitigation and adaptation.
43.As such, subject to an appropriate condition, it is considered that the proposal would comply with Policy CS1 of the Council's LDF CoreStrategy (2012).
Other Matters 44.The application site is located in Flood Zone 1 where the risk of
flooding from rivers or seas is low, and as such, all forms of development, including ‘more vulnerable’ uses, are acceptable.
45. In the event of an approval, a Sustainable Drainage Strategy and associated detailed design, management and a maintenance plan for surface water drainage for the site using SUDs method would be secured by way of a condition.
46.There is no objection with regards to flooding and drainage, subject to the recommended drainage condition outlined above. The proposal would therefore be in accordance with Section 14 of the NPPF, Policies 5.12 and 5.13 of the London Plan and Policy DM 4 of the Core Strategy.
47.An ecological assessment would be required on major development, or where a site contains or is next to a significant area of habitat or wildlife potential. In this case, the development is not a major development and, whilst the existing bungalow is approximately 90 years old and exhibits some features with bat roosting potential, the roof storey is occupied and the site is within a densely occupied urban area, and not in close vicinity to old and veteran trees or streams. It is
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therefore considered that the potential for a bat roosting on the site is low.
48.However, in the event of approval, an informative could be secured to state that should evidence of any protected species be found on site as a result of future development the applicant must fulfil his/her duties under the Wildlife and Countryside Act, 1981 (as amended) and the Conservation of Habitats and Species Regulations, 2010. The report also states that the in the unlikely event of any bats being encountered on the site, then works should stop immediately and Natural England or Me contacted so that appropriate advice can be provided.
49. If this application is approved, a condition would be secured requiring the submission of investigation and remediation reports to be submitted to the Council in the event that contamination is identified at the site.
Planning Balance/Conclusion 50.Paragraph 11 of the NPPF states that where there are no relevant
development plan policies, or the policies which are most important for determining the application are out-of-date, the Council should grant planning permission unless: ● the application of policies in this Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed or; ● any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.
51.As previously mentioned, the design, siting and dimension of the proposed development would be similar, to a large degree, to the previous planning application under 18/16587/FUL. The appeal decision for this previous application concluded that the development would not harm the character and appearance of the area. It is therefore considered that it would be unjustifiable to refuse the current application on this ground.
52. It is noted that the Council does not have a 5 year housing land supply. The proposed development would provide 8 additional market housing units, and 2 of these would be family sized units (units with 3 bedrooms or more). The proposal would therefore make a positive contribution towards boosting housing delivery within the Borough. The proposal would generally accord with the Council’s Development Plan, and in addition there would be no conflict with guidance set out in the NPPF. Consequently, the proposed development would constitute as a sustainable form of development.
53. .It is therefore recommended that the application be approved. Recommendation:
Approve subject to completion of a legal agreement and the following conditions:
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1 2
The development hereby permitted shall be carried out in accordance with the following approved plans:
F3218-T - Site Survey VR71-03-1001-Existing Plans and Elevations VR71-03-1002 - Existing Site ·& Block Plan VR71-03-1003 - Proposed Site ·& Block Plan VR71-03-1004 - Proposed Landscape Plan VR71-03-1005 - Proposed Plans
Reason: For the avoidance of doubt and in the interests of proper planning.
Applications for approval of the matters hereby reserved must be made within two years from the date of this decision. The development to which the permission relates must begin no later than whichever is the later of the following dates:-
i) The expiration of three years from the date of this decision;
or
ii) The expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.
Reason: In order to comply with Section 92 of the Town and Country Planning Act, 1990. (As amended)
3 The following matters shall be reserved for the approval of the Local
Planning Authority in accordance with the provisions of Article 5 (1) of the Town and Country Planning (General Development Procedure) Order 2015 (or any Order revoking or re-enacting this Order):
(a) access
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(b) landscaping
Reason: As the application is submitted in outline form only and in order that the Local Planning Authority may be satisfied as to the details of the proposal.
4 Full details of the materials, colour and texture of the external finish of
the building shall be submitted to and approved in writing by the Local Planning Authority before development commences and the development shall be constructed in accordance with the approved finishes. Reason: The details would affect subsequent design of other elements of the scheme and must be agreed at the outset and to ensure a satisfactory appearance on completion of the development in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.
5 Prior to the commencement of any above groundworks (excluding demolition) of the development hereby permitted and notwithstanding the details shown on the approved plans stated in condition 2 of this permission, the following details shall have been submitted (on plans at a scale of no less than 1:20 and 1:5) and approved by the Local Planning Authority. - Window reveals, door reveals, overhangs, rainwater goods. The development shall be carried out in accordance with the approved details Reason: These details are required prior to commencement of development becasue is necessary to provide these details as it is integral to the design and appearance of the building and therefore agreement of these details prior to commencement would ensure a satisfactory appearance on completion of the development in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.
6 All works on site shall take place in accordance with the following details which shall have previously been submitted to and approved in writing by the Local Planning Authority prior to the commencement of work: (a) Provision for loading/unloading materials. (b) Storage of plant, materials and operatives vehicles. (c) Temporary site access. (d) Signing system for works traffic.
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(e) Measures for the laying of dust, suppression of noise and abatement of other nuisance arising from development works. (f) Location of all ancillary site buildings. (g) Measures to protect any trees, shrubbery and other landscape features to be retained on the site during the course of development. (h) Means of enclosure of the site. (i) Wheel washing equipment. (j) The parking of vehicles of the site operatives and visitors (k) The erection and maintenance of security hoarding. (l) Hours of construction and deliveries Reason: This information is required prior to the commencement of the development as the relevant works would take place at the beginning of the construction phase and in order to safeguard the amenities of the surrounding residential occupiers and to safeguard highway safety and the free flow of traffic in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.
7 Prior to occupation of the development hereby permitted details of secure cycle parking facilities for the occupants of, and visitors to, shall have been submitted to and approved in writing by the Local Planning Authority and shall be fully implemented and shall thereafter be retained for use at all times. Reason: To ensure the provision of satisfactory cycle storage facilities and in the interests of highway safety in accordance with Policy DM8 (Sustainable Transport for New Developments) of the LDF Core Strategy Adopted April 2012.
8 Refuse storage facilities and recycling facilities shall be provided prior to the occupation of the development hereby permitted in accordance with details which shall have been submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development, such facilities to be permanently retained at the site. Reason: These details are required prior to commencement of development because the details would affect subsequent design of other elements of the scheme and must be agreed at the outset and to ensure the provision of refuse facilities to the satisfaction of the Council in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.
9 The residential units hereby approved shall not be occupied until the development has achieved an energy efficiency standard of a minimum
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of 19% CO2 improvement over Building Regulations requirements Part L 2013 (TER Baseline). Reason: In the interests of sustainability and energy conservation in accordance with Policies 5.2 (Minimising Carbon Dioxide Emissions) and 5.3 (Sustainable Design & Construction) of the London Plan (2016) and Policy DM1 (Sustainable Design and Construction Standards) of the LDF Core Strategy Adopted April 2012.
10 The residential units hereby approved shall not be occupied until the development has achieved as a minimum, a water efficiency standard of not more than 110 litres per person per day maximum water consumption in accordance with the requirements defined within Approved Document G of the Building Regulations. Reason: In the interests of Sustainability and Energy Conservation in accordance with Policies 5.2 (Minimising Carbon Dioxide Emissions) and 5.3 (Sustainable Design & Construction) of the London Plan (2016) and Policy DM1 (Sustainable Design and Construction Standards) of the LDF Core Strategy Adopted April 2012.
11 The residentials units hereby approved shall not be occupied until the development has been built in accordance with the requirements of Category 2 of the Building Regulations document titled ‘Approved Document M - Access to and use of buildings’ Reason: In the interest of inclusive design and accessibility in accordance with Policy 3.8 of the London Plan.
12 If during development contamination not previously identified is found to be present at the site, no further development shall be carried out until an investigation strategy and risk assessment, where necessary, a remediation strategy and verification plan detailing how this unsuspected contamination will be dealt with has been submitted to and approved in writing by the local planning authority. No part of the development shall be occupied until the measures identified in the approved remediation strategy and verification plan has been completed and a verification report demonstrating completion of the approved remediation works and the effectiveness of the remediation has been submitted to and approved in writing by the local planning authority. Reason: To ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.
13 The development hereby approved shall not commence until a Sustainable Drainage Strategy and associated detailed design, management and maintenance plan of surface water drainage for the
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site using Suds method has been submitted to and approved in writing by the Local Planning Authority. The approved drainage system shall be implemented in accordance with the approved Sustainable Drainage Strategy prior to the first occupation of the development and maintained thereafter for the lifetime of the development. Reason: These details are required prior to commencement of development because the relevant works would take place at the beginning of the construction phase and to prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal is incorporated into the design and the build of the proposed development, in accordance with Policies 5.2 (Minimising Carbon Dioxide Emissions) and 5.3 (Sustainable Design & Construction) of the London Plan (July 2011) and Policy DM1 (Sustainable Design and Construction Standards) of the LDF Core Strategy Adopted April 2012.
14 Fences, walls or other means of enclosure shall be erected along the boundaries of the site prior to the occupation of the dwellinghouses to which they relate, in accordance with details which shall have been submitted to and approved in writing by the Local Planning Authority and shall thereafter be permanently retained. Reason: In order to ensure the privacy of adjoining occupiers and visual amenity of the area is retained in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.
15
Prior to occupation of the development a landscaping scheme including the detail of the removal of any trees shall have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented within the first planting season following completion of the development and the tree planting and landscaping shall thereafter be maintained for five years to the satisfaction of the Local Planning Authority. Any trees or shrubs which die during this period shall be replaced in the first available planting season, and the area shown to be landscaped shall be permanently retained for that purpose only. Reason: In the interests of visual amenity and also that the Local Planning Authority shall be satisfied as to the details of the development in accordance with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Adopted April 2012.
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Informative(s)
1 2
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. Street Naming and Numbering Kingston Council has a statutory duty to officially name streets and number properties within streets. As your planning application is likely to require address changes, you are obliged to contact the Street naming and numbering team to request official registration in accordance with Part II of the London Buildings Act 1939. Failure to do this could result in delays/omissions by the post office, emergency services and other service providers. You can submit your application online via our website www.kingston.gov.uk or via email to [email protected]. Alternatively, if you do not have internet access please call 020 8547 4606.
3 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.
4 You have been granted planning permission to build a residential area. When undertaking demolition and/or building work, please be considerate to your neighbours and do not undertake work before 8am or after 6pm Monday to Friday, before 8am or after 1pm on a Saturday or at any time on Sundays or Bank Holidays. Furthermore, please ensure that all vehicles associated with the construction of the development hereby approved are properly washed and cleaned to prevent the passage of mud and dirt onto the adjoining highway. You are advised that the Council does have formal powers to control noise and nuisance under The Control of Pollution Act 1974, the Clean Air Acts and other relevant legislation. For further information and advice,
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please contact - Environmental Health Department Pollution Section.
5 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. 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”.
6 The development approved by this planning permission will be liable to pay Kingston CIL which is presently set at £130/sqm of development; and the Mayoral of London’s CIL (MCIL) which is presently set at £60/sqm of development. Payment will be due once the owner/developer serves a development Commencement Notice on the Council, and a payment Demand Notice has been received by the owner. Failure to submit a Commencement Notice will incur a surcharge of 20% of the chargeable amount or £2,500, whichever is the lower amount. When you have discharged all pre-commencement conditions the Council will issue a Liability Notice to the owner setting out the MCIL calculation. Accompanying the Liability Notice will be a blank Commencement Notice and if necessary a blank Assumption of Liability form, both of which need to be completed and returned to the Council prior to development commencing. A failure to do so will incur a surcharge. Should you have any questions in respect of the contents of this letter or the MCIL more generally, please contact the Council's Contact Centre by email [email protected] or phone 0208 547 5002.
