Enquiries to: Committee Services Tel: 020 8770 4990 | Email: [email protected]Copies of reports are available in large print on request Planning Committee 5 July 2017 7.30 pm at the Civic Offices, St Nicholas Way, Sutton, SM1 1EA To all members of the Planning Committee:- Chair: Councillor Samantha Bourne Vice-Chair Councillor Muhammad Sadiq Councillors: Hamish Pollock, Jason Reynolds, Kevin Burke, Margaret Court, Vincent Galligan, Patrick McManus, Tony Shields and Graham Whitham Substitutes: Councillors Moira Butt, Tim Crowley, Mary Burstow, Amy Haldane, Hanna Zuchowska and Neil Garratt At the discretion of the Chair a Sutton resident may address the meeting for a maximum of four minutes about a planning application that is on the agenda, providing they notify the Committee Support officer below by midday on the day of the meeting or, failing that, at the meeting at least 15 minutes before it is due to start. If more than one resident wishes to address the meeting about the same application they will be asked to select a single speaker. If they cannot do so additional speakers will be allowed, providing an objection is only heard once and the time limit is divided between the speakers. The applicant will be given a similar opportunity to address the meeting as will Ward Councillor(s). Members of the public also have a statutory entitlement to record meetings to which they are admitted, subject to it not disrupting the meeting. They should record only the meeting and not the audience. Anyone proposing to make a recording must inform the Committee Services contact below before the meeting. Mobile devices can interfere with the wireless microphones and induction loop, and if that is the case the Chair may require that such devices are turned off. This meeting will be recorded and made available on the Council’s website. Niall Bolger Chief Executive Friday, 23 June 2017
Copies of reports are available in large print on request
Planning Committee 5 July 2017 7.30 pm at the Civic Offices, St Nicholas Way, Sutton, SM1 1EA To all members of the Planning Committee:- Chair: Councillor Samantha Bourne Vice-Chair Councillor Muhammad Sadiq Councillors:
Hamish Pollock, Jason Reynolds, Kevin Burke, Margaret Court, Vincent Galligan, Patrick McManus, Tony Shields and Graham Whitham
Substitutes: Councillors Moira Butt, Tim Crowley, Mary Burstow, Amy Haldane,
Hanna Zuchowska and Neil Garratt At the discretion of the Chair a Sutton resident may address the meeting for a maximum of four minutes about a planning application that is on the agenda, providing they notify the Committee Support officer below by midday on the day of the meeting or, failing that, at the meeting at least 15 minutes before it is due to start. If more than one resident wishes to address the meeting about the same application they will be asked to select a single speaker. If they cannot do so additional speakers will be allowed, providing an objection is only heard once and the time limit is divided between the speakers. The applicant will be given a similar opportunity to address the meeting as will Ward Councillor(s). Members of the public also have a statutory entitlement to record meetings to which they are admitted, subject to it not disrupting the meeting. They should record only the meeting and not the audience. Anyone proposing to make a recording must inform the Committee Services contact below before the meeting. Mobile devices can interfere with the wireless microphones and induction loop, and if that is the case the Chair may require that such devices are turned off. This meeting will be recorded and made available on the Council’s website. Niall Bolger Chief Executive Friday, 23 June 2017
2
A G E N D A 1. APOLOGIES FOR ABSENCE
2. MINUTES To approve as a correct record the Minutes of the meetings held on 29 March 2017 and 19 April 2017. The minutes of the last committee, 20 June 2017, will be presented to a future meeting.
3 - 16
3. DECLARATIONS OF INTEREST
4. APPLICATION NO. A2016/75963 - 11 GLENTHORNE GARDENS, SUTTON, SM3 9NL Retention and completion of an outbuilding at rear with basement.
17 - 32
5. APPLICATION NO. B2017/76738 - OLD INN HOUSE, 2 CARSHALTON ROAD, SUTTON, SM1 4RA Extension at roof level to form two 1-bed and three 2-bed residential units.
33 - 52
6. APPLICATION NO. C2017/76491 - PROPOSED DEVELOPMENT OF GARDEN LAND REAR OF 26 & 28 WINDBOROUGH ROAD, CARSHALTON Demolition of existing garages and outbuilding and erection of 2no. 2-storey, 4-person semi-detached dwellinghouses on land at the rear of 26 and 28 Windborough Road with parking accessed via ‘The Avenue’ and associated bin storage and bicycle parking.
53 - 70
7. ANY URGENT BUSINESS, brought forward at the direction of the Chair, who has approved the reason for the urgency.
GLOSSARY OF COMMON PLANNING TERMS AND ABBREVIATIONS
71 - 74
CIVIC OFFICES, SUTTON GROUND FLOOR MEETING ROOMS
FIRE PRECAUTIONS
If there is a FIRE in the building the fire alarm will sound. Leave the building
immediately by the most direct route, either back through reception or the fire exit into Lower Square. Take your coat and any bags with you. Assemble in the car
park in front of the Holiday Inn.
Room 1
Room 2
Room 3
Reception
Fire Exit
Entrance
Exit
Lower Square
Room 4
Room 5
Toilet
Toilet
Toilet
Toilet
Holiday Inn Car Park
Page 1 Agenda Annex
Reminder – Declarations of Interests
Members should consider the following interests and whether they have any they should declare. Disclosable Pecuniary Interests Where you have a Disclosable Pecuniary Interest in any business of the Authority at this meeting and you have either declared it beforehand in the Register of Members’ Interests or to the Monitoring Officer for entry in the Register you must state at this meeting that you have such an interest and then withdraw from the room or chamber where the meeting is being held whilst that business is considered. Where you have a Disclosable Pecuniary Interest in any business of the Authority at this meeting and have not previously declared it you must declare the nature of that interest at this meeting and then withdraw from the room or chamber where the meeting is being held whilst that business is considered.
Other Pecuniary and Non-Pecuniary Interests Where you have any other pecuniary or non-pecuniary interest in any business at this meeting you must declare that interest, but may continue to speak and vote on the matter. However, if the interest is one which a member of the public, with knowledge of the relevant facts, would reasonably regard as so significant that it is likely to prejudice your judgement of the public interest then you should declare the interest and withdraw from the room or chamber where the meeting is being held whilst that business is considered. Further information on these matters can be found in the Council's Code of Conduct and Constitution. If you are in any doubt as to whether you have an interest you should seek advice before the committee meeting from Alexa Coates. If, during the course of the committee meeting, you consider you may have an interest you should always declare it.
Page 2Agenda Annex
Planning Committee
29 March 2017
1
PLANNING COMMITTEE
29 March 2017 at 7.30 pm
MEMBERS: Councillor Samantha Bourne (Chair), Councillor Muhammad
Sadiq (Vice-Chair) and Councillors Hamish Pollock, Kevin Burke,
Margaret Court, Vincent Galligan, Patrick McManus,
Tony Shields and Graham Whitham
ABSENT Councillor(s) Jason Reynolds
154. APOLOGIES FOR ABSENCE
Apologies were received from Councillor Jason Reynolds, Councillor Burstow acted
as substitute.
155. MINUTES
To note that the Minutes of the meeting held on 15 March 2017 were not yet
available.
156. DECLARATIONS OF INTEREST
5. APPLICATION NO. C2016/75782 - Carshalton High School For Girls, West
Street, Carshalton, SM5 2QX.
Councillor Hamish Pollock, Non Pecuniary, as he knew the objector Mr Freeman.
6. APPLICATION NO. A2016/75985 - The Old Stables Cheam Park, Tudor Close,
Cheam, SM3 8QS.
Councillor Kevin Burke, Non Pecuniary, as he knows Colin Shea and has a close
relation that lives in Tudor Court.
6. APPLICATION NO. A2016/75985 - The Old Stables Cheam Park, Tudor Close,
Cheam, SM3 8QS.
Councillor Vincent Galligan, Non Pecuniary, as he knows Colin Shea.
7. APPLICATION NO. A2016/76141 - Land rear of 24 Clarkes Avenue,
Worcester Park, KT4 8PZ.
Councillor Mary Burstow, Non Pecuniary, as she works for the Woodland Trust,
bearing in mind the trees on the application site.
Page 3 Agenda Item 2
Planning Committee 29 March 2017
2
Councillor Burstow declared that she will speak on item 6 and confirmed that she
would leave the room whilst the application was considered and voted on.
157. ORDER OF ITEMS
The Chair Announced that the items would be discussed in the following order, Item
9 followed by item 10, then remaining items as per the agenda.
158. APPLICATION NO. C2016/75718 - 12 PINE WALK, CARSHALTON, SM5
4HB
The Committee considered a report on the above application for the erection of a
part one, part two storey rear extension involving conversion of garage into a
habitable room, alterations to front elevation, formation of a first floor dormer
extension at side and alterations to existing roof. Provision of a carport at front, and
creation of a new vehicular access onto Pine Walk incorporating alterations to front
boundary wall piers and gates up to a maximum height of 1.4m.
Following the Officer presentation, Members asked for clarification on:
Height of the roof line which Officers confirmed to be unchanged.
The gap between the two dormer windows face to face at the front east
elevation, confirmed as 2.9 metres, and the impact of the side dormer.
Further details were requested regarding the front drive and the changes in
height to the front wall, confirmed to be 1.4 metres in height
Permitted development rights.
The objector Robin Milne was invited to speak to the committee. The principal issues
raised by Mr Milne were:-
The pre application process.
The impact to his home and other neighbours.
Differences in ground level between the two properties and the proximity of
the proposed extension to the boundary
Loss of light and privacy.
Following this Councillors queried the window position and also loss of light. Mr
Milne confirmed a loss of light would be to the back of the house and garden.
The application had been de-delegated by Councillor Tim Crowley
Councillor Tim Crowley, Ward councillor, addressed the meeting under Standing
Order 31, and the applicant replied.
The principal issues raised by Councillor Crowley were:-
The complexity of the application and urging members to make a decision on
material planning considerations.
Page 4Agenda Item 2
Planning Committee
29 March 2017
3
Councillor Amy Haldane, Ward Councillor, addressed the meeting under Standing
Order 31, and the applicant replied.
The principal issues raised by Councillor Haldane were:-
Referring to the relative complexity and considerations, with particular
questioning in relation to alleged loss of light.
Following this, Councillors asked for clarification on “loss of amenity” upon which Mr
Webber, Head of Development Management and Strategic Planning, elaborated.
The Applicant's’ Agent, Graham Ash addressed the committee, The principal issues
raised by Graham Ash were:-
Pre Application work undertaken,
Clarification regards to the boundary with neighbours at No. 10.
Loss of light.
Following the representations of the agent, Members questioned the placement of
the side window, the rear facing window, the depth of the extension and line of sight
from the windows
In debate, Member discussion focussed on:
The combination of the scale and bulk of the proposed extension and
intensification of use of the plot.
Potential loss of light.
The street scene and area of special local character.
Councillor Pollock proposed the motion that the application be refused on the
grounds of overdevelopment of the application site, the bulk and scale of the
proposal and that it would be out of keeping with the area of special local character.
Councillor Sadiq seconded the motion.
A poll vote was held in accordance with Standing Order 31.4, when there voted:
To refuse (7) Councillors Muhammad Sadiq, Hamish Pollock, Margaret Court,
Vincent Galligan, Tony Shields, Patrick McManus and Mary
Burstow.
Against (3) Councillors Kevin Burke, Samantha Bourne, Graham Witham.
Resolved: That planning permission be refused for application No. C2016/75718 -
12 Pine Walk, Carshalton, SM5 4HB on the grounds of over development of
Page 5 Agenda Item 2
Planning Committee 29 March 2017
4
application site, the bulk and scale of the proposal and that it would be out of
keeping with the area of special local character.
This item ended at 9pm and a short adjournment was called. The meeting restarted
at 9.07pm
159. APPLICATION NO. C2016/75782 - CARSHALTON HIGH SCHOOL FOR
GIRLS, WEST STREET, CARSHALTON, SM5 2QX
The Committee considered a report on the above application for retention of the
existing parking layout, comprising of 120 car parking spaces. The officer gave a
brief presentation.
John freeman, an objector, addressed the meeting under Standing Order 31, and
the applicant replied.
The principal issues raised by John Freeman were:
Uncertainty regarding plans provided and published.
A turning area.
The retrospective nature of the application.
Access rights for emergency vehicles.
Councillors moved to vote.
A poll vote on the officer's’ recommendation to grant permission was held in
accordance with Standing Order 31.4, when there voted:
To grant (10) Councillors Samantha Bourne, Muhammad Sadiq, Hamish Pollock,
Margaret Court, Vincent Galligan, Graham Whitham, Kevin Burke,
Tony Shields, Patrick McManus and Mary Burstow.
Resolved: That planning permission be granted for application
No.C2016/75782,subject to the conditions, reasons and informatives set out in the
Appendix to these Minutes.
160. APPLICATION NO. A2016/75985 - THE OLD STABLES CHEAM PARK,
TUDOR CLOSE, CHEAM, SM3 8QS
The Committee considered a report on the above application for Variation of
condition 6 (revised drawings) of planning approval A2015/71612/FUL.
Following the Officer presentation, Members requested clarification regarding a site
notice which was confirmed to have been displayed correctly. Members further
asked for clarity regarding the location of the bin store and doors opening onto car
parking space. Officers confirmed that condition 7 asked for the doors to be
Page 6Agenda Item 2
Planning Committee
29 March 2017
5
relocated so that they are placed at the western entrance and a parking space is not
lost.
Ian Berry, representative of Friends Cheam park and Tudor Close Resident Group,
an objector, and Gary Taylor, resident of 10 Tudor Close addressed the meeting
under Standing Order 31, and the applicant replied.
The principal issues raised were:-
Material loss of amenity regarding parking.
Concern regarding increase in floor space leading to increase in number of
children and staff numbers.
Issue with proposed character of building signage and lighting column not in
accordance with heritage of the building.
A covenant on the land.
Traffic issues.
Antisocial behaviour in Cheam park
Officers advised Members that conditions can be linked regarding number of
children that can attend. Discussion took place on the materials of the proposed
canopy. Officers advised that in respect of canopy materials, officers were of view a
glazed structure is clear and would be less visually prominent.
Councillor Burstow, Ward Councillor, addressed the meeting under Standing Order
31. The main points raised were:
She confirmed the canopy will be painted black metal and will blend in with
building.
She confirmed there is already lighting on site .
For access there are foot paths in three 3 directions thus this building is very
well located for walking to this location.
The Applicant's’ Agent, Mr Shea addressed the committee, The principal issues
raised were:-
Mr Shea clarified the background to the proposed changes.
Confirmed the glazed canopy increased muster space before children leave
the building.
The lamp post is downward pointing and activated only when dark and turned
off at 7pm when usage of building ends.
Confirmed any condition to limit the numbers to 80 children is acceptable.
Mr Webber, Head of Development Management and Strategic Planning, confirmed
the existing condition as drafted gives committee assurance that numbers of child
spaces will be regulated.
Page 7 Agenda Item 2
Planning Committee 29 March 2017
6
A motion was moved by Councillor Bourne and seconded by Councillor Whitham to
grant the application subject to a condition on lighting to be linked to opening hours
and to limit the number of children to 80 being drafted and included by officers. A
poll vote was held in accordance with Standing Order 31.4, when there voted:
To grant (9) Councillors Samantha Bourne, Muhammad Sadiq, Hamish Pollock,
Margaret Court, Vincent Galligan, Graham Whitham, Tony Shields,
Patrick McManus and Mary Burstow.
Abstained (1) Councillor Kevin Burke
.
Resolved: That planning permission be granted for application No. A2016/75985 -,
subject to the conditions, reasons and informatives imposed by the Planning
authority.
161. APPLICATION NO. A2016/76141 - LAND REAR OF 24 CLARKES
AVENUE, WORCESTER PARK, KT4 8PZ
The Committee considered a report on the above application for erection of a pair of
2-bedroomed semi-detached houses with provision of four car parking spaces.
Following the Officer presentation, Members asked about the loss of mature trees.
Officers advised that the trees did not have Tree Protection Orders (TPOs) and that
the trees had already been felled.
Miss Rosalind Debell, Winchester Mews (Clarkes Avenue) Management Co Ltd, an
objector, addressed the meeting under Standing Order 31, and the applicant replied.
The principal issues raised by Miss Debell were:-
That the Daughters of the Cross were not advised of development.
Biodiversity issues and effect on CO2 absorption.
Over development on a cramped site.
Issue with lack of parking for contractors and working hours and conditions
not being adhered to during a previous development.
Damage to road and access for emergency vehicles
Members asked questions to clarify the position of the site on the site map and the
location of a garden of remembrance. It was confirmed the development site was at
the end of a private road. The Highway officer advised on actions that could be
taken if contractors do not adhere to the Construction Management Plan and what
enforcement action can be taken if these are breached.
Ward Councillor Paul Wingfield addressed the meeting in under Standing Order 31.
He highlighted the problem with the obstructions on the picture that are not on the
OS map, such as the large Bin store the fact that emergency vehicles would have
Page 8Agenda Item 2
Planning Committee
29 March 2017
7
difficulty in passing down the road. Councillor Wingfield also raised the issue of over
development on a cramped site.
In debate, it was highlighted that Members could not consider past actions of
developers. Members asked for clarification on consultation processes and Officers
confirmed letters were sent appropriately and a site notice was correctly placed.
A poll vote on the officers’ recommendation to grant permission was held in
accordance with Standing Order 31.4, when there voted:
To grant (10) Councillors Samantha Bourne, Muhammad Sadiq, Hamish Pollock,
Margaret Court, Vincent Galligan, Graham Whitham, Kevin Burke, Tony Shields,
Patrick McManus and Mary Burstow.
Resolved: That planning permission be granted for application No. A2016/76141,
subject to the conditions, reasons and informatives imposed by the Planning
authority.
162. APPLICATION NO. D2017/76437 - LAND ADJACENT, 37 REDFORD
AVENUE, WALLINGTON, SM6 9DT
The Committee considered a report on the above application for erection of a pair of
4-bed semi-detached houses with accommodation in the roof space and associated
car parking.
A poll vote on the officer's’ recommendation to grant permission was held in
accordance with Standing Order 31.4, when there voted:
To grant (10) Councillors Samantha Bourne, Muhammad Sadiq, Hamish Pollock,
Margaret Court, Vincent Galligan, Graham Whitham, Kevin Burke,
Tony Shields, Patrick McManus and Mary Burstow.
Resolved: That planning permission be granted for application No. D2017/76437,
subject to the conditions, reasons and informatives imposed by the Planning
5.1 The principal considerations (including whether any material planning objections
have been reasonably addressed) in relation to this application are:
Principle of Development
Design
Impact on Neighbours
Flood Risk
Traffic & Parking
Other Material Considerations
5.2 Principle of development:
5.3 Planning permission is sought for the retention and completion of an outbuilding
located within the rear of the garden of 11 Glenthorne Gardens. The applicant has
stated that the outbuilding would be used to provide additional domestic
accommodation for the main dwelling. The plans have been annotated to indicate
that the outbuilding would be used as a garden room and as a home office. It is
noted that part of the rear garden has been subdivided by a fence separating this
area immediately to the rear of the main house from the remaining larger part of the
rear garden. The frontage has been opened up at the side by the partial removal of
a garage to provide access to the rear garden, and the garden area facing this
Page 22Agenda Item 4
access consists of hard made ground approximately a single vehicles width running
parallel with the eastern boundary which ends close to the position of the new
building.
5.4 The applicant has stated that the enclosure of part of the rear garden is for the
safety of the existing occupants of the main dwelling during construction work. The
applicant has confirmed that the garden will be reinstated by removing the fence
currently subdividing it and removing the existing access to the rear garden by
some form of enclosure close to the forward most building line. The hard made
ground will not be used for vehicles and there will be no parking allowed beyond the
rear building line of the main house, with the hard surfaced access being laid to
lawn or similar soft landscaping.
5.5 It is noted that a recent application (reference D2016/75568/HHA) for an outbuilding
in the rear garden at 15 The Newlands for a similar development to that proposed
was allowed on appeal on 2 June 2017. The inspector noted the concerns relating
to the proposed use of the building, however, he commented that there was no
substantive evidence to suggest it would be used for purposes other than those
ancillary to the use of the main dwelling. The appeal was allowed subject to one
condition to ensure that the use of the building would be for purposes ancillary to
the residential use of the main dwelling.
5.6 The applicant has confirmed that the use of the outbuilding at 11 Glenthorne
Gardens would be ancillary to the use of the main house, and as such this is
acceptable on land use terms given that such buildings are not out of keeping in a
residential area. The use of the building is therefore considered to be acceptable
subject to the strict adherence to conditions which limit its use for purposes
incidental to the enjoyment of the dwelling house only. These conditions have been
discussed with the applicant who has agreed that the building would be used only
for purposes incidental to the main dwelling and that it shall not be physically sub-
divided from the principal dwelling and garden.
5.7 Design Quality:
5.8 Core Policy BP12 states that the Council will seek to ensure that development
respects the local context and distinctive local character. Policy DM1 of the Site
Development Policies DPD and SPD14 ‘Creating Locally Distinctive Places’ seek to
ensure that proposed development is sympathetic with the appearance of original
buildings, and that all development complements and improves the character of the
area and street scene.
5.9 The outbuilding is located at the rear of the site and has a dual pitched roof, and will
be finished in painted ship lap boarding. It is noted that had the outbuilding not had
a basement, its overall height and size above ground would meet the criteria of
Class E of Part 2 of Schedule 2 of the General Permitted Development Order 2015,
and that adjustments to its base to provide an additional separation of 0.1 metre
would bring its distance from the eastern boundary to within Class E criteria.
Page 23 Agenda Item 4
5.10 There have been objections made on grounds that the land levels have been raised
in order to meet the criteria for permitted development, however there is no clear
evidence to quantify this. It is noted from the officer’s site visit that whilst the ground
levels of 9 and 11 Glenthorne Gardens are similar, there is a difference in ground
levels between No 11 and the adjoining gardens of 29 to 33 Glenthorne Gardens of
approximately 0.3 metres. It is also noted that No. 11 is noticeably higher than
No.13 from the road, and it is likely that the ground level of No 13 had previously
been higher than ground levels to the east to some extent. Notwithstanding the
increase in ground level on the application site, for the purpose of Class E, the
height of the building is read from the higher original land level which is on the side
of No. 9, and in the case of buildings with a dual-pitched roof, the maximum height
permitted is 4 metres. As noted the land levels of No 9 and No 11 are similar, and
the maximum height of the outbuilding is 3.5 metres.
5.11 It is noted that the recent application (reference D2016/75568/HHA) for a similar
development of an outbuilding in the rear garden at 15 The Newlands was refused
on the grounds that it would ‘result in an intensive usage of garden land detrimental
to the neighbouring residents visual amenity and the distinctive character and
environment of the local area by way of its design.’ The application was allowed on
appeal on 2 June 2017. The inspector noted that although the outbuilding was fairly
large, it is not a dominating feature in the context of the large size of the garden,
and does not cause unacceptable harm to the character and appearance of the
surrounding area. This development was also a similar size and scale to be
considered permitted development except the outbuilding at 15 The Newlands was
0.2 metres higher than criteria permits.
5.12 It is therefore considered that given the length of the garden at 11 Glenthorne
Gardens, and that a similar sized single storey building could be constructed under
permitted development, the retention of the building would not constitute an
overdevelopment of the site as it would not be out of proportion or out of keeping
with buildings that could be constructed of similar dimensions within permitted
development. Its finished appearance would be entirely consistent with that of
similar outbuildings that could be constructed under permitted development and so
it is considered that the building will be acceptable when completed in design terms.
5.13 It is noted that the frontage has been opened up at the side by the partial removal of
a garage to provide access to the rear garden during building work to construct the
outbuilding, and that such works do not require planning permission. The applicant
has stated that enclosure of the garden will be re-instated, and a condition is
recommended to ensure an appropriate means of enclosure are implemented within
an acceptable timeframe.
5.14 Impact on Neighbours:
5.15 Policy DM2 of the Site Development Policies DPD states that the Council will not
grant planning permission for any development that adversely affects the amenities
of future occupiers or those currently occupying adjoining or nearby properties or
has an unacceptable impact on the surrounding area.
Page 24Agenda Item 4
5.16 The outbuilding is located at the rear of the site and adjacent to 9 Glenthorne
Gardens, 29-33 Glenthorne Gardens and 12 Forest Road. The building above
ground floor is 4 metres in width, 8.2 metres in length and a maximum of 3.5
metres in height. The height of the proposed raised walkway over the void in front
of the access door would be approximately 0.25 metres above ground level.
5.17 The proposed outbuilding is separated from the dwelling to the north at 12 Forest
Road by approximately 27 metres, from dwellings to the east at 29 to 33 Glenthorne
Gardens by approximately 38 metres and from the dwelling to the south at 9
Glenthorne Gardens by approximately 48 metres, and would appear as a single
storey outbuilding when viewed from these properties. As noted above, had the
outbuilding not included a basement and was set 0.1 metre further away from the
boundary with 29-33 Glenthorne Gardens, the size and location of the proposal
would meet the criteria of Class E of Part 2 of Schedule 2 of the General Permitted
Development Order 2015. With regard to the provision of a small raised walkway
over the void in front of the access door it is noted that for the purpose of Class E, it
is permitted to build a raised platform of up to 0.3 metres, and as such the proposed
walkway would meet permitted development criteria, but is not in any event
considered objectionable in relation to increased overlooking to adjoining
properties.
5.18 It is noted that part of the rear garden adjacent to the eastern boundary includes an
area of hard surfacing. This is permitted under Class F of Part 1 Schedule 2 of the
General Permitted Development Order 2015. Notwithstanding this, should the
application be approved, a condition is recommended to ensure there is no
vehicular access or parking beyond the rear building line of the main dwelling in
order to safeguard the amenity of adjoining occupiers. In addition, a condition is
recommended to ensure the temporary hard made ground that forms the access is
landscaped and reinstated as garden land. It is also noted that the applicant has
stated that an appropriate means of enclosure on the front elevation will be re-
instated and a condition is included to ensure this is completed within an acceptable
timeframe.
5.19 For these reasons, it is considered that the proposal would not result in an adverse
impact on any adjoining occupiers in terms of increased noise and disturbance,
loss of light, outlook or privacy. As discussed, should the application be approved
conditions are recommended ensure the safeguarding of the privacy of adjoining
occupiers by ensuring that the opening in the east facing elevation is not glazed
and by including a scheme of soft landscaping to reinforce the natural screening
along the site boundaries closest to the building, and that an appropriate means of
enclosure is implemented.
5.20 Flood Risk
5.21 Policy DM7 of Sutton’s Site Development Policies DPD states that development
should minimise and manage flood risk.
Page 25 Agenda Item 4
5.22 The site is not located within a Flood Risk Zone, however the Sustainability Officer
has noted that the area is affected by high groundwater levels, and that this can
lead to flooding and disruption when groundwater levels are high. There have been
many objections raised on grounds that the work to date has altered the ground
conditions in the rear garden causing displacement of water into adjoining gardens.
Whilst it has not been possible to be conclusive on the cause of the localised
‘flooding’ reported by neighbours, it is more than circumstantial that these
complaints have arisen only since the carrying out of the work to date and in
particular the construction of the basement.
5.23 Given these concerns, the Sustainability Officer has recommended that should the
application be approved conditions should be included to ensure that an
appropriate surface water drainage scheme is retrospectively implemented to
ensure the stability and safety of the basement and to manage ground conditions
and water run-off within the site to prevent run-off into neighbouring properties.
Whilst the Sustainability Officer recommended that a Basement Impact
Assessment be submitted, it is noted that this would be a retrospective assessment
and that mitigation measures would be provided through the surface water
drainage scheme already proposed and required by condition. With these
conditions in place it is considered that this will safeguard the owners of adjoining
residential properties from localised water run- off and flooding.
5.24 An additional condition is recommended to require a flood evacuation management
plan to address the safety of future users of the building which might otherwise
have been considered as part of a Basement Impact Assessment. It is also noted
that the structure would be required to conform to the separate legislation under
the Building Control Regulations.
5.25 Traffic & Parking:
5.26 The proposal does not create any additional units and the proposed use would be
ancillary to the main dwelling. As such, parking provision would not be adversely
affected by the proposal and the proposal would not cause harm in terms of
highway and pedestrian safety.
5.27 Other Material Considerations
5.28 The structure has a floorspace greater than 30m2, and as such would need to
comply with Building Control Regulations. Issues with regard to the structural
stability and fire risk of the outbuilding would be covered under this separate
legislation.
6.0 CONCLUSION AND RECOMMENDATION
6.1 The retention and completion of the outbuilding is considered acceptable as the
proposal will be ancillary to the use of the main dwelling and would not adversely
impact on the character of the area or affect neighbouring amenity. Conditions are
Page 26Agenda Item 4
recommended to control the proposed use and to safeguard the amenity of
adjoining occupiers.
6.2 As such it is recommended that the proposal should be granted planning
permission.
Background Papers: A2016/75963/HHA
Drawings and other documents can be viewed on line –
1) Go to page: http://gis.sutton.gov.uk/FASTWEB/welcome.asp
2) Enter Planning Application Number: A2016/75963
3) Click on Search and View Current Applications
4) Click on View Plans & Documents
Page 27 Agenda Item 4
G
Mr Brian Madge 20 Westmead Road Sutton SM14JT
A2016/75963/HHA
DRAFT
WARNING: It is in your interests to ensure you obtain the approval of the Local Planning Authority, where the conditions require that to occur. Failure to comply with the following conditions may lead to enforcement action to secure compliance.
FIRST SCHEDULE
11 GLENTHORNE GARDENS Sutton SM3 9NL Retention and completion of an outbuilding at rear with basement.
SECOND SCHEDULE (1) The development hereby permitted shall be carried out in accordance with the following approved plans: gleg-11-0 (revised date 09.02.2017), gleg-11-1 and site location plan (1:1250) for the erection of an outbuilding at 11 Glenthorne Gardens. Reason: For the avoidance of doubt and in the interests of proper planning. (2) The building hereby permitted shall not be occupied at any time other than for purposes ancillary and subservient to the residential use of the dwelling at 11 Glenthorne Gardens. Reason: To ensure that the approved building is not used as a separate unit of residential accommodation or for purposes that are not incidental to the enjoyment of the dwelling house. For further information see informative 3. (3) Prior to the completion/occupation of development the existing fence dividing the garden land of 11 Glenthorne Gardens from the outbuilding the subject of this application shall be removed. The building hereby approved shall not be physically
Page 28Agenda Item 4
or functionally sub-divided from the principal dwelling and garden land of the principal dwelling for as long as the development is in existence. Reason: To ensure that the approved building is not used as a separate unit of residential accommodation. (4) The door on the eastern flank elevation of the development hereby approved shall be fitted with a timber door as described with no glazing and shall be retained as such for as long as the development is in existence. No additional windows or doors shall be provided to any elevations of the development for as long as the development is in existence, other than those shown on the drawings hereby approved. Reason: To safeguard the level of privacy enjoyed by the current occupants of the adjoining properties. (5) There shall be no vehicular access or space for the parking of any vehicles beyond the rear building line of the host dwelling to the outbuilding. Reason: To safeguard the amenity of the current occupants of the adjoining properties. (6) Prior to occupation of the building, a scheme of soft landscaping to replace the temporary hard surfaced access to the outbulding formed during construction shall be submitted to, and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details shall be submitted to and approved in writing by the Local Planning Authority and retained thereafter. Reason: To safeguard the visual amenity and privacy of occupiers of adjoining properties and the development hereby approved. (7) Within two months of the occupation of the outbuilding, a scheme to provide a means of enclosure of the property at the front building line shall be submitted to, and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details and retained thereafter. Reason: To safeguard the visual amenity and privacy of occupiers of adjoining properties and the development hereby approved. (8) Prior to the occupation of the development, a Flood Evacuation Management Plan must be submitted to the Local Planning Authority and approved in writing to ensure that appropriate early warnings and escape procedures are in place prior to use. The approved Flood Evacuation Management Plan must be implemented prior to occupation and shall be maintained for the lifetime of the development. Reason: To comply with Policy DM7 of Sutton’s Site Development Policies DPD
Page 29 Agenda Item 4
(9) Prior to further building work on site, a scheme for the management of surface water run-off must be submitted to the Local Planning Authority and approved in writing which identifies appropriate site drainage and flood risk management measures, including SuDS, in order to manage surface water run-off as close to its source as possible in accordance with the Mayor’s drainage hierarchy. The proposed scheme shall be accompanied by microdrainage calculations to demonstrate that: (i) peak run-off rates and volumes for all rainfall events up to and including the 1 in 100 year 6-hour event (plus 30% for climate change) will not exceed calculated greenfield run-off rates and volumes for the same event; (ii) the 1 in 30 year rainfall event (plus 30% for climate change) can be contained within the boundaries of the site without flooding; and (iii) that any flooding occurring between the 1 in 30 and 1 in 100 year event (plus 30% for climate change) will be safely contained on site; and (iv) any surface water flows resulting from rainfall events in excess of the 1 in 100 year event are managed in exceedance routes that minimise the risks to people & property. All the measures implemented shall be retained for as long as the development is in existence. Reason: To comply with Policy DM7 of Sutton’s Site Development Policies DPD (10) Prior to first use of the development, written confirmation that the approved site drainage and flood risk management measures, including SuDS, have been implemented as part of the development as built must be submitted to the Local Planning Authority and approved in writing. Where different from the approved details, further evidence must be provided to show that peak run-off rates and volumes for all rainfall events up to and including the 1 in 100 year 6-hour event (plus 30% for climate change) will not exceed calculated greenfield run-off rates and volumes for the same event. Reason: To comply with Policy DM7 of Sutton’s Site Development Policies DPD. INFORMATIVES. (1) This approval only grants permission under section 57 of the Town and Country Planning Act 1990. Further approval or consent may be required by other legislation, in particular the Building Regulations and you should contact Building Control on 020 8770 5000 before proceeding with the work. (2) The submitted application complied with the relevant planning policies and Sutton Council has accordingly granted planning permission. (3) The building hereby permitted remains ancillary and subservient to the principal dwelling the approved outbuilding shall not have any of the following separated from the principal dwelling - (i) a separate postal address, (ii) separate meters for the provision of services, (iii) a separate Land Registry deed, or (iv) a separate Council tax account.
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PLANNING COMMITTEE - Date: 5 July 2017
Report of the Assistant Director, Environment, Housing and Regeneration Directorate (Housing, Planning and Regeneration)
Ref: B2017/76738/FUL WARD: B07 / SUTTON CENTRAL Time Taken: 14 weeks, 1 days
Site: Old Inn House, 2 Carshalton Road, Sutton, SM1 4RA Proposal: Extension at roof level to form two 1-bed and three 2-bed residential units. Applicant: Mr I Heitner Agent: Donald McGregor
Recommendation: GRANT PLANNING PERMISSION
Reason for Report to Committee: The recommendation has been opposed in writing by 10 or more persons, residing at separate addresses
Summary of why application proposals are acceptable:
The provision of additional residential dwellings on this site is acceptable given that the site is located within Sutton Town Centre, where provision of additional dwellings is supported.
The design, form and detailing of the proposed additional storey is considered to relate positively to the surrounding area, and respect the character and appearance of the Sutton High Street Crossroads Conservation Area and adjacent listed building.
Due to the proposed scale of the development, the proposal would not give rise to additional increased levels of overlooking or loss of privacy, or noise and disturbance to neighbouring occupiers.
The quality of the proposed accommodation is considered to be acceptable and complies with current housing standards.
It is considered that the proposed development would not have any undue transport / highway or parking impacts.
1.0 BACKGROUND 1.1 Site and surroundings:
1.2 The application site comprises a five storey building including basement. The
ground floor of the building is currently in use as a range of commercial units. The upper floors have recently been converted through a prior approval to residential use.
1.3 The site is located on the southern side of Carshalton Road at the corner with High
Street. The site is located within the Station Quarter of Sutton Town Centre, to the south of the main shopping area.
Page 33 Agenda Item 5
1.4 The surrounding area consists of a mix of building uses in varied scales, styles and design.
1.5 Relevant planning history:
1.6 The most recent relevant history is listed below:
1.7 B2014/69719/O2R Change of use office to residential. Granted 15 August 2014.
Plans indicated provision of 28 residential flats.
1.8 B2015/72748/O2R - Change of use from an office to a residential use providing 32 one bedroom and 4 two bedroom flats along with 22 car parking spaces. Refused 12 November 2015 for the following reason:
The application site is located within the Sutton Town Centre and is subject to an Article 4 direction introduced on 29 January 2015. As such, the proposed change of use from B1(a) (Offices) to C3 (dwelling houses) therefore does not constitute permitted development by virtue of Class O, of Part 3 of Schedule 2 of the Town and Country (Permitted Development) (England) Order 2015. Planning permission is, therefore, required.
1.9 Site specific designation:
Archaeological Priority Areas
Conservation Area
Central Setting Sutton TC
Decentralised Energy Opportunity Area
Limit of Sustainable Residential Development
Priority Community Regeneration Area
Secondary Shopping Frontage
Sutton Town Centre Boundary
Adjacent to the Grade II listed Sutton Police Station
2.0 APPLICATION PROPOSALS 2.1 Details of Proposal:
2.2 Planning permission is sought for the erection of an additional floor at roof level to
form 5 residential units. The proposed residential units would comprise two 1-bed units and three 2-bed units. No car parking spaces would be provided for the development.
2.3 The proposed additional floor would have a flat roof with full length glazing on the
northern and western elevations facing Carshalton Road and the High Street, and would be set back from the existing parapet wall by between 1.3 and 2 metres. This set back would provide terraces along the length of the northern and western elevations. The southern and eastern elevations would be brick built, with windows with a central terrace section on the southern elevation facing Bank Mews, and an additional terrace on the south-eastern corner. Each unit would have access to a terrace area for amenity space enclosed by glass balustrade and wire handrail. Proposals also show provision for plant located over the stairwell on the western side of the building enclosed within parapet walls and a raised lift area on the eastern side of the building.
Page 34Agenda Item 5
2.4 The proposals include the provision of refuse storage within the exiting refuse storage area at ground floor.
2.5 Significant amendments to application since submitted:
2.6 A plan was submitted to indicate the provision of eight additional cycle parking
spaces within the basement. A revised ground floor plan was submitted to indicate the existing and proposed refuse storage provision.
3.0 PUBLICITY 3.1 Adjoining Occupiers Notified 3.2 Method of Notification: 3.3 Letters were sent to 160 neighbouring occupiers on the 3 April 2017 and a site
notice was also placed within the vicinity of the site on 7 April 2017. 3.4 Number of Letters Received:
3.5 Letters of representation have been received from 15 separate addresses:
Flat 6, Old Inn House 2 Carshalton Road
Flat 7, Old Inn House 2 Carshalton Road
Flat 8, Old Inn House 2 Carshalton Road
Flat 10, Old Inn House 2 Carshalton Road
Flat 11, Old Inn House 2 Carshalton Road
Flat 12, Old Inn House 2 Carshalton Road
Flat 14, Old Inn House 2 Carshalton Road
Flat 18, Old Inn House 2 Carshalton Road
Flat 19, Old Inn House 2 Carshalton Road
Flat 23, Old Inn House 2 Carshalton Road
Flat 24, Old Inn House 2 Carshalton Road
Flat 25, Old Inn House 2 Carshalton Road
Flat 27, Old Inn House 2 Carshalton Road
Old Inn House Residents Association
Spacemaker Bedrooms Ltd, Paycocke Road, Essex 3.6 Summary of Material Representations:
Disruption during construction works, including increased traffic, noise, dust and nuisance, and loss of sunlight and daylight from scaffolding
Additional burden on existing facilities – lifts and parking
Noise and disturbance from roof terrace
Increased traffic generation
Design would detract from listed building
Unacceptable design in prominent corner location
Materials not in keeping with the existing building
Inadequate refuse provision
Safety and security concerns
Poorly designed car park
Previous application for prior approval (reference B2015/72748) was refused
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Inadequate access for wheelchairs step free access is not available from street level
Pedestrian and vehicular safety
Housing developments in the area already meeting borough’s housing need 3.7 Summary of Non-material Representations
Impact on property prices
Plans to provide additional floor were not indicated to purchasers
Breaches of contract with landlord
Structural damage to building
Health and safety hazards in existing building
Residents have not been notified by the applicant as indicated on the application form under Certificate B. The agent has signed Certificate B and provided copies of the notices served.
3.8 Official Consultation:
3.9 Internal 3.10 Senior Highways Engineer: No objections subject to a legal agreement and
conditions. 3.11 Environmental Health: No objection raised subject to conditions. 3.12 Waste Management: No objection.
3.13 Sustainability Officer: No objection subject to conditions regarding carbon and
energy and water efficiency.
3.14 External:
3.15 Transport for London: No objection raised subject to conditions.
3.16 Councillor Representation: 3.17 There has been no Councillor representations received in relation to this
application. 4.0 MATERIAL PLANNING POLICIES 4.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 states that when
determining a planning application, regard is to be had to the development plan, and the determination shall be made in accordance with the development plan, unless material considerations indicate otherwise. The development plan for the London Borough of Sutton comprises the following documents:
The London Plan 2016
The Core Planning Strategy 2009
The Site Development Policies DPD 2012
4.2 Also a material consideration in determining planning applications are:
4.3 National Planning Guidance:
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National Planning Policy Framework (NPPF)
National Planning Practice Guidance (NPPG)
Adopted London Borough of Sutton Supplementary Planning Guidance documents
Draft Local Plan
Human Rights Act 1998
Equalities Act 2010 4.4 Public Sector Equality Duty (PSED) and Human Rights: 4.5 Under the Equalities Act 2010, the Council must have due regard to the need to
eliminate discrimination, harassment or victimisation of persons by reason of age, disability, pregnancy, race, religion, sex and sexual orientation. This planning application has been processed and assessed with due regard to the PSED. The application proposals are not considered to conflict with the Duty.
4.6 The application has also been considered in the light of the Human Rights Act 1998 and it is considered that the analysis of the issues in this case, as set out in this report and recommendation below, is compatible with the Act.
4.7 Material Planning Policies Considered in Determining this Application: 4.8 The London Plan 2016:
Policy 2.7 Outer London: economy Policy 2.8 Outer London: transport Policy 2.14 Areas for regeneration Policy 2.15 Town Centres Policy 3.1 Ensuring equal life chances for all Policy 3.3 Increasing Housing Supply Policy 3.4 Optimising Housing Potential Policy 3.5 Quality and Design of Housing Developments Policy 3.6 Children and young people’s play and informal recreation facilities Policy 3.7 Large residential developments Policy 3.8 Housing Choice Policy 3.9 Mixed and Balanced Communities Policy 4.1 Developing London’s Economy Policy 4.3 Mixed use development and offices Policy 4.7 Retail and town centre development Policy 4.8 Supporting a successful and diverse retail sector and related facilities and services Policy 5.1 Climate change mitigation Policy 5.2 Minimising carbon dioxide emissions Policy 5.3 Sustainable design and construction Policy 5.6 Decentralised energy in development proposals Policy 5.7 Renewable energy Policy 6.2 Providing public transport capacity and safeguarding land for transport Policy 6.3 Assessing effects of Development on Transport Capacity Policy 6.4 Enhancing London’s transport connectivity Policy 6.7 Better streets and surface transport. Policy 6.9 Cycling Policy 6.11 Smoothing Traffic Flow and Tackling Congestion Policy 6.12 Road network capacity Policy 6.13 Parking
Page 37 Agenda Item 5
Policy 7.1 Lifetime Neighbourhoods Policy 7.2 An Inclusive Environment Policy 7.3 Designing Out Crime Policy 7.4 Local Character Policy 7.5 Public Realm Policy 7.6 Architecture Policy 7.8 Heritage assets and archaeology Policy 7.15 Reducing and managing noise, improving and enhancing the acoustic environment and promoting appropriate soundscapes Policy 7.19 Biodiversity and Access to Nature Policy 8.2 Planning Obligations Policy 8.3 Community Infrastructure Levy
4.9 Core Planning Strategy:
PMP1 Housing Provision PMP2 Suburban Heartlands PMP3 Community Regeneration Areas PMP6 Sutton Town Centre BP1 Housing Density BP5 Improving Health and Well-Being BP6 One Planet Living BP7 Flood Risk and Climate Change Adaptation BP8 Waste Reduction and Management BP9 Enabling Smarter Travel Choices – An Area – Based Approach. BP10 Transport – Strategic and Borough Wide Proposals. BP12 Good Urban Design and Heritage BP13 Taller Buildings DP2 Planning Obligations DP3 Infrastructure Requirements and Delivery
4.10 Site Development Policies DPD:
DM1 Character and Design DM2 Protecting Amenity DM3 Enhancing the Street Scene and Public Realm DM4 Historic Environment DM5 Sustainable Design and Construction DM6 Climate Change Mitigation DM8 Climate Change Adaptation DM12 Noise and Vibration DM19 Promoting Sustainable Transport and Accessibility DM20 Assessing the Transport Impact of New Development DM21 New development and the Highway Network DM22 Parking DM26 Housing Mix DM29 Housing Standards DM35 Development in Town and Local Centres DM37 Shopping Frontages in Town Centres
4.11 Supplementary Planning Guidance/Documents:
London Plan Housing Supplementary Guidance 2012 SPD5 Planning Obligations SPD14 Creating Locally Distinctive Places
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5.0 PLANNING CONSIDERATIONS
5.1 The principal considerations (including whether any material planning objections
have been reasonably addressed) in relation to this application are:
Principle of Development
Design Quality and Heritage Considerations
Impact on Residential Amenity
Quality of Proposed Accommodation
Traffic and Parking
Sustainability
Refuse and Recycling
Planning Obligations and CIL
5.2 Principle of development:
5.3 The National Planning Policy Framework (NPPF) requires the Council to make the most efficient use of land by maximising the re-use of previously developed land and the conversion of existing buildings. Core policy BP1 states that the Council will ensure that new housing development will make the most efficient use of land in accordance with the London Plan having regard to, amongst other things, local character and transport accessibility.
5.4 The London Plan outlines the need for residential development within London through Policy 3.3 Increasing Housing Supply, and states that boroughs should seek to achieve and exceed the minimum borough annual average housing target. Policy 3.4 encourages optimising the potential of brownfield sites for residential use. Policy 3.14 states that loss of housing should be resisted, and supports optimising housing potential subject to local context and character.
5.5 Policy PMP1 identifies those areas within Sutton where the provision of new
dwellings should be concentrated including Sutton Town Centre accounting for 40% of future provision by 2016-17 in accordance with the London Plan. Policy PMP6 states that the Council will promote Sutton Town Centre and will support proposals for new shopping, office, housing, accessible community and leisure facilities, and cultural development, which will contribute to the regeneration and growth of the town centre.
5.6 Policy BP1 seeks to ensure that the new housing developments make the most
efficient use of land in accordance with the London Plan, having regard to character, public transport accessibility, site characteristics, social infrastructure and the design principles in policy BP12 of the Core Planning Strategy.
5.7 Noting the application site is located within Sutton Town Centre and has good
access to public transport, shops and services, the principle of 5 additional residential units is considered to be appropriate and acceptable in land use terms, subject to compliance with other policies in terms of design, neighbouring amenity, the quality of the proposed accommodation provided and highway considerations.
5.8 Policy DM26 of the Site Development Policies DPD states that the Council will
seek to achieve a balance in the mix of housing types and sizes in order to create a more mixed and balanced community. The current proposal would provide two 1-bed units and three 2-bed units which is considered acceptable.
Page 39 Agenda Item 5
5.9 Design Quality and Heritage Considerations
5.10 The London Plan encourages the intensification of sites subject to exceptional
design and architectural quality, the relationship to its local context and attention to the public realm. The Council’s local plan policies reiterate this in its design aspiration that expects new developments to enhance its public realm, complement the local context and preserve the historic character of areas.
5.11 Policy BP12 of the adopted Core Planning Strategy, policy DM1 of the Site
Development Policies DPD and SPD14 ‘Urban Design’ along with London Plan and National policy, requires development to respect or reinforce the character and identity of the area and avoid developments which do not integrate well into the surroundings.
5.12 The site is located within the Sutton High Street Crossroads Conservation Area
and Policy DM4 of the Site Development Policies DPD states that the Council will grant planning permission for development that preserves and enhances the character and appearance of conservation areas. The site is also located adjacent to the Grade II listed Sutton Police Station which has ‘special’ architectural or historic interest.
5.13 The NPPF, London Plan Policy 7.8 and Policy DM4 of the Site Development
Policies DPD seek to protect the historic environment and more specifically to preserve and enhance this historic environment.
5.14 The proposal seeks the erection of an additional storey at fifth floor level to create a
six storey building, increasing the height of the building by approximately 3 metres. The additional storey would be set back from the existing building line by a minimum of 1.3 metres on the northern and western elevations facing Carshalton Road and the High Street, which would reduce its bulk and mass, and would reduce the visual impact of the extension when viewed from street level.
5.15 The application site is surrounded by buildings which are varied in design and height, with buildings to the east and south of the site significantly higher, a single storey element of the Police Station directly adjacent to the east and the three storey with roof accommodation property at 40-42 High Street directly adjacent to the south. Whilst it is noted that the site is not located within an area designated for taller building potential, given the character of the area, within this part of Sutton Town Centre and the comparable scale and height of surrounding development, it is considered that the proposal would be of a congruent scale to the existing development and to the development being implemented in the surrounding area.
5.16 The proposed design, which is set back from the existing building line on the
northern and western elevations with a flat roof, does not appear as a dominant addition to the existing building when viewed from the High Street and Carshalton Road. The proposed palette of materials would give a lightweight appearance to the additional storey on these elevations further reducing the prominence whilst providing a contrast to and successfully integrating with the existing building. The proposed materials on the southern and eastern elevation to the rear would match and integrate with the existing building. It is considered that the proposed detailed design and choice of materials would integrate successfully with the surrounding buildings. Notwithstanding this, should the application be approved a condition is recommended to secure the proposed materials to be used in the external elevations to ensure a high quality finish is achieved.
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5.17 Historic England have been consulted and have raised no objections to the
proposals. As such, the proposal is considered to preserve the character and appearance of the Conservation Area and the setting of the adjacent listed building.
5.18 Overall, it is considered that the design of the proposed development would be acceptable and would respect the character and appearance of the existing building and surrounding area.
5.19 Impact on Neighbours:
5.20 The NPPF seeks to secure high quality design and a good standard of amenity for all existing and future occupiers of land and buildings.’
5.21 Site Development Policy DM2 states that the Council will not grant planning
permission for development that adversely affects the privacy, outlook or daylight and sunlight of adjoining occupiers, or would unacceptably impact on the surrounding area.
5.22 The proposal would involve the erection of an additional storey at fifth floor level,
and would increase the height of the building by 3 metres. The application site is located in Sutton Town Centre adjacent to commercial and mixed uses on the upper floors including residential on Carshalton Road and the High Street, and to the rear of properties on Sutton Court Road including residential use. Properties to the north and west of the application site are separated by a minimum of 20 metres, with properties to Sutton Court Road separated from the application site by a minimum of 26 metres. Given these separation distances and the existing residential use of the lower floors it is not considered that the proposal would have any adverse impact on these adjoining occupiers in terms of a loss of outlook, daylight, sunlight or privacy.
5.23 The proposal is located directly adjacent to the three storey with roof
accommodation building at 40-42 High Street, with a four storey terrace further to the south, and a single storey element of the listed Police Station to the east with the linked two storey with roof accommodation element of this building further to the east. Noting the existing building is significantly higher than adjoining dwellings as existing, and noting the limited increase in height of the proposal, the existing and proposed relationship with these adjoining properties would ensure that there would not be an adverse impact on those adjoining occupiers in terms of loss of outlook, daylight or sunlight. A daylight and sunlight report has been submitted which confirms the proposal would not have an adverse impact on adjoining properties.
5.24 The application site is located in close proximity to the rear of properties on the
eastern side of the High Street. Whilst there are windows in the rear elevation of these properties facing Bank Mews, it is noted that no windows are proposed on the western end of the southern elevation adjacent to the rear of the properties on the High Street closest to the application site. It is also noted that the proposed fenestration and terraced areas on the rear elevation are located in the centre of the building and on the south-eastern corner adjacent to the police station and would be at a greater height than the adjoining properties.
5.25 Given that this is a highly built up town centre location, and taking into account the
existing relationship with adjacent properties and the existing levels of overlooking,
Page 41 Agenda Item 5
it is not considered that the proposal would result in an adverse impact in terms of overlooking or sense of enclosure to adjoining occupiers.
5.26 The proposal would involve the relocation of plant from the existing roof to the roof
of the proposed extension. Environmental Health have requested condition to ensure the proposed location of plant would not impact on the amenity of future occupiers and neighbouring residential occupiers in terms of noise and disturbance.
5.27 A condition is included to require details of sound insulation to ensure there is not
an adverse impact on the existing upper floor units through increased noise and disturbance.
5.28 Conditions would be included to restrict the hours of construction on the site and a
construction management plan would be secured to provide detailed information regarding the construction phase to mitigate any noise and disturbance and impact on adjoining occupiers during construction.
5.29 For the reasons set out above it is considered that the proposal would not harm the
amenity of neighbouring occupiers in terms of loss of outlook, loss of sunlight/daylight, overlooking or loss of privacy or noise and disturbance.
5.30 Quality of the Proposed Accommodation:
5.31 Site Development Policy DM29 states that the Council will allow new residential
developments if the development provides sufficient living space, amenity space. Detailed requirements and quantitative standards are further outlined in the London Plan table 3.3 and these should be exceeded where possible.
5.32 The London Plan requires that 1 –bedroomed 2 person dwellings achieve a gross
internal floor space of 50m2, and that 2-bedroomed 3 person dwellings over 1 storey achieve a gross internal floorspace of 61m2. The proposed new flats would satisfy these minimum floor space standards. All habitable rooms would be provided with fenestration for access to daylight, sunlight, and ventilation.
5.33 A condition is suggested to require plant to be supported on adequate proprietary
anti-vibration mounts as necessary to prevent the structural transmission of vibration and noise to protect future occupiers’ amenity from noise and disturbance, as well as a condition to require details of the privacy screen between the proposed terraces to ensure the privacy of future occupiers.
5.34 Policy DM29 outlines that amenity space provision should be in line with the
provisions of the Urban Design SPD. The London Plan requires 5 sqm of private amenity space per unit. In this case, the proposed amenity space for each of the proposed new flats would satisfy London Plan standards, and it is considered acceptable in this sustainable town centre location.
5.35 The London Plan Policy 3.8 ‘Housing Choice’ requires ten percent of new housing
to meet Building Regulation requirement M4(3) for wheelchair user dwellings. The policy recognises that Part M of the Building Regulations generally does not apply to dwellings resulting from a conversion of change of use. The existing building was recently converted from office to residential under permitted development rights to provide 28 residential units at first, second, third and fourth floor levels. Objections to the proposal note that there is no existing step free access to the existing residential units. Should the application be approved, an informative is
Page 42Agenda Item 5
recommended to note that new build units would need to demonstrate compliance with Part M of the Building Regulations and that internal alterations at ground floor level may be required to provide step free access to the lifts.
5.36 Overall, the proposed development would provide an acceptable standard of living accommodation and environment for future occupiers which would accord with the minimum unit sizes set out within the London Plan.
5.37 Traffic and Parking:
5.38 Site Development Policy DM22 and Core Policy BP10 state that new developments
will be expected to provide the appropriate amount of car parking necessary in accordance with the Council’s restraint-based maximum car and cycle parking standards, whilst the conversion of existing parking spaces to other uses should demonstrate that parking is surplus to requirements and would not result in additional on-street parking.
5.39 The site is located on the southern side of Carshalton Road at the junction with
High Street, and is situated within a controlled parking zone (CPZ). The site is located within Sutton Town Centre and has a PTAL rating of 6a which indicates an excellent level of public transport accessibility.
5.40 Transport for London and the Senior Highways Engineer raised no objection to the
proposal subject to conditions to secure a Construction Logistics Plan, and subject to a Unilateral Undertaking to prohibit future occupiers from applying for residents parking permits within the CPZ. The applicant has indicated that they will enter into such an agreement to be signed before the Committee date.
5.41 The Council’s cycle parking standards set out in table 3.7 of Appendix 3, Schedule
3.C of the Site Development Policies DPD seek one space per residential unit, which should be located in a secure, covered cycle parking area. Table 6.3 of the London Plan requires 1 cycle parking space for 1-bedroomed units and 2 cycle parking spaces for 2-bedroomed and greater units. Transport for London requested that a minimum of 8 cycle parking should be provided in line with the London Plan. The applicant submitted revised drawings to show provision of 5 cycle hoops, providing 10 cycle parking spaces in the basement, and as such is considered in line with London Plan standards and exceed the Council’s minimum requirements for covered and secure cycle parking.
5.42 Transport for London requested conditions to minimise any temporary obstruction
of the footway and carriageway, and the parking of vehicles associated with the development. Should the application be approved such conditions are recommended. Transport for London also requested conditions with regard to delivery and servicing once the flats are operational. However, given that the site is currently occupied by 28 residential flats, it is considered that a condition with regard to an additional five residential units would be unreasonable, given the limited proposed increase in residential units over that of the existing building.
5.43 The Senior Highways Engineer also requested a condition to secure a residential
travel plan, however, given that the proposal is for five residential units which will be car free and the proposal include the provision of cycle parking in a sustainable location, it is considered that a residential travel plan would be overly onerous and unnecessary.
Page 43 Agenda Item 5
5.44 As such, it is considered that the proposed development would be acceptable and would not impact on parking in the surrounding area noting that the proposed development would be car free, and would comply with Site Development Policy DM22 and Core Policy BP10.
5.45 Sustainability:
5.46 Policy 5.2 of the London Plan requires developments to make the fullest
contribution to the mitigation of, and adaptation to, climate change and to minimising carbon dioxide emissions according to the following hierarchy: use less energy through the use of passive design and energy efficiency measures, supply energy efficiently through the use of decentralised energy provision and generate renewable energy on-site. Further guidance is contained in the Council’s IPG11 'Sustainable design and construction', Policy BP6 ‘One Planet Living’ of the Core Planning Strategy DPD, and Policies DM5 and DM6 of the Site Development Policies DPD, which promote the highest standards of sustainable design and construction within the Borough in support of the Council's vision of 'Creating a sustainable suburb'.
5.47 The Council’s Sustainability Officer has been consulted and has raised no
objections, and should the application be approved has recommended a number of conditions to secure measures for carbon and energy, and water efficiency.
5.48 Refuse and Recycling
5.49 Refuse provision would be provided within the existing refuse and recycling storage
area located within the site at the rear of the building for collection via Bank Mews. Should planning permission be approved a condition is included to ensure that the management and provision of this communal storage area is acceptable and fully detailed within a waste management plan
5.50 Planning Obligations and CIL:
5.38 The proposed development would be liable for the London Borough of Sutton’s
Community Infrastructure Levy (CIL) as well as the Mayor of London’s CIL. All residential developments are required to pay £120 per sqm (£100 per sqm for London Borough of Sutton and £20 per sqm for the Mayor) on any net increase of existing floorspace.
5.39 All Local Authorities are required to index the CIL charges to take account of price increases between the time when charging schedules setting out an authority's rate come into force, and the time at which planning permission is granted. In this instance the London Borough of Sutton’s CIL has been indexed from its adoption in April 2014 and the Mayoral CIL indexed from its adoption in April 2012.
5.40 This proposal would be liable for a CIL charge on the basis that the application
proposes new dwellings and there is an increase in residential floorspace. The proposal would provide approximately 405sqm additional residential floorspace, and would be liable for £58,852.78 (£10,388.34 for the Mayor’s CIL and £48,464.44 for the London Borough of Sutton’s CIL).
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6.0 CONCLUSION AND RECOMMENDATION 6.1 The provision of additional residential dwellings on this site is acceptable given that
the site is located within Sutton Town Centre, where provision of additional dwellings is supported.
6.2 The design, form and detailing of the proposed additional storey is considered to relate positively to the surrounding area, and respect the character and appearance of the Sutton High Street Crossroads Conservation Area and adjacent listed building.
6.3 Due to the proposed scale of the development, the proposal would not give rise to additional increased levels of overlooking or loss of privacy, or noise and disturbance to neighbouring occupiers.
6.4 The quality of the proposed accommodation is considered to be acceptable and
complies with current housing standards. 6.5 It is considered that the proposed development would not have any undue
transport / highway or parking impacts. 6.6 It is therefore recommended that the application be approved
Background Papers: B2017/76738/FUL Drawings and other documents can be viewed on line – 1) Go to page: http://gis.sutton.gov.uk/FASTWEB/welcome.asp 2) Enter Planning Application Number: B2017/76738 3) Click on Search and View Current Applications 4) Click on View Plans & Documents
Page 45 Agenda Item 5
G
Donald McGregor 10 Romney Place Maidstone ME15 6LE
B2017/76738/FUL
DRAFT
WARNING: It is in your interests to ensure you obtain the approval of the Local Planning Authority, where the conditions require that to occur. Failure to comply with the following conditions may lead to enforcement action to secure compliance.
FIRST SCHEDULE
Old Inn House 2 CARSHALTON ROAD SUTTON SM1 4RA Extension at roof level to form two 1-bed and three 2-bed residential units.
SECOND SCHEDULE (1) The development must be begun not later than the expiration of three years beginning with the date hereof. Reason: To comply with Section 91 of the Town and Country Planning Act 1990, as amended. (2) The development hereby permitted shall be carried out in accordance with the following approved plans: Drawing No.s PL 101, PL 102, PL 103, PL 104 Rev B, PL 105, PL 106, PL 107, PL 108, PL 109, PL 110 (Site Sections as Existing Sheet 2)), PL 111, PL 112, PL 110 (Fifth Floor Plan as Proposed Design Layout), PL 121, PL 122, PL 123, PL 124, PL 125, PL 126, PL 127, PL 130, PL 140, Design and Access Statement, and Daylight and Sunlight Assessment. Reason: For the avoidance of doubt and in the interests of proper planning.
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(3).Prior to the commencement of the development, samples and a schedule of materials to be used within the external elevations of the dwelling shall be submitted to, and approved in writing by, the Local Planning Authority.The development shall thereafter be carried out in accordance with the approved materials. Reason: To safeguard the visual amenities of the area and to ensure compliance with policy BP12 of the Core Planning Strategy which seeks to ensure buildings are of a high standard of design and where applicable compatible with existing townscape. (4) The development hereby permitted shall not be occupied until refuse storage facilities have been provided in accordance with a scheme which have been agreed in writing by the Local Planning Authority. The storage provision shall thereafter be kept for the use of the occupants of the development hereby approved. Reason: To ensure compliance with Policy BP12 of the Core Planning Strategy DPD and Policy DM1 of the Site Development Policies DPD. (5) The development shall not be occupied until space has been laid out within the site in accordance with the approved plans for 8 additional secure, sheltered and accessible cycle parking spaces. The cycle parking area shall be used and permanently retained exclusively for its designated purpose. Reason: To encourage access by non-car modes. (6) The rating level of the noise of the plant hereby permitted shall be at least 5dBA lower than the existing background noise level at any given time of operation. The noise levels shall be measured or predicted 1m externally to any window at the nearest residential facade. Measurements and assessment shall be made according to British Standard 4142:2014. Reason: To obtain required sound insulation and prevent noise nuisance (7) The plant shall be supported on adequate proprietary anti-vibration mounts as necessary to prevent the structural transmission of vibration and regenerated noise within adjacent or adjoining premises, and these shall be so maintained thereafter. Reason: To obtain required sound insulation and prevent noise nuisance (8) All building operations in connection with the construction of external walls, roof, and foundations; demolition or other external site works; works involving the use of plant or machinery; the erection of scaffolding; the delivery of materials; the removal of materials and spoil from the site, and the playing of amplified music or speech shall only take place between the hours of 8.00am and 6.00pm Monday to Friday, and between 8.00 am and 1.00pm on Saturdays and not at all on Sundays, Public and Bank Holidays. Reason: To safeguard the amenity of the occupiers of adjacent premises and the area generally during the building construction process.
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(9) No development shall take place until a Construction Logistics Plan which sets out details of how the construction of the development hereby permitted will be managed, have been submitted to, and approved in writing by, the Local Planning Authority. The statement should include details of: (a) parking for vehicles of site personnel, operatives and visitors (b) loading and unloading of plant and materials (c ) storage of plant and materials (d) programme of works (including measures for traffic management) (e) provision of boundary hoarding, behind any visibility zones (f) construction traffic routing. (g) means to minimise dust pollution, including relevant best practice measures from the Supplementary Planning Guidance on the Control of Dust and Emissions during Construction and Demolition produced by the GLA (h) means to minimise air pollution. (i) means to suppress noise and vibration (j) means to prevent deposition of mud on the highway. (k) means to manage and control construction traffic. (l) Signing system for works traffic. (m) Compliance with Sutton Council’s Code of Practice for the Control of Pollution and noise from Demolition and Construction Sites, May 2008. Construction works shall take place solely in accordance with the approved details. Reason: To avoid hazard and obstruction being caused to users of the public highway and in the interest of highway safety, and in order to protect surrounding residential properties from any disturbance. (10) Prior to building work starting on site, an Energy Statement incorporating ‘as designed’ Building Regulations Part L outputs prepared under the Standard Assessment Procedure (SAP) must be submitted to the Local Planning Authority and approved in writing which demonstrates how each of the dwellings will apply the Mayor’s energy hierarchy (use less energy, supply energy efficiently and use renewable energy) to secure at least a 19% reduction in CO2 emissions below the target emission rate (TER) based on Part L1A of the 2013 Building Regulations and seek to achieve a 10% reduction in total emissions (regulated and unregulated) through on-site renewable energy generation. Reason: To comply with Policy DM6 of Sutton’s Site Development Policies DPD (11) Prior to first occupation, ‘as-built’ Building Regulations Part L outputs prepared under the Standard Assessment Procedure (SAP) shall be submitted to the Local Planning Authority and approved in writing to demonstrate that the development has been carried out in accordance with the approved details. If the development is unable to meet the required reduction in CO2 emissions through the approved energy strategy, then any shortfall shall be made up through the application of further sustainability measures unless otherwise approved by the Local Planning Authority in writing. Reason: To comply with Policy DM6 of Sutton’s Site Development Policies DPD.
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(12) Prior to first occupation of the development, a completed Water Efficiency Calculator for New Dwellings must be submitted to the Local Planning Authority and approved in writing to show that internal potable water consumption for each of the dwellings will be limited to 110 litres per person per day (l/p/d) based on the Government’s national calculation method for water efficiency for the purpose of Part G of the Building Regulations. The Water Efficiency Calculator shall be accompanied by details of the location and type of all appliances or fittings that use water, the capacity or flow rate of any equipment and any rainwater or greywater collection systems incorporated as part of the development. Reason: To comply with Policy DM9 of Sutton’s Site Development Policies DPD (13) Prior to commencement of the development the applicant shall provide a scheme to the
Local Planning Authority for its written approval detailing sound transmission reduction measures to be installed: (a) between the separating walls and floor/ceiling constructions of the flats hereby permitted to limit the airborne and impact sound transmission through the structure, and (b) between the existing dwellings on the fifth floor and the proposed dwellings on the proposed sixth floor of the building. The scheme shall be designed to be 5dB better than that given in Approved Document E (2003 Edition incorporating 2004 and 2010 amendments) of the Building Regulations (Table 0.1a, page 12). Once agreed in writing by the Local Planning Authority the approved details shall be installed prior to the development being occupied and retained thereafter. Reason: To protect the amenity of the future occupants from noise ingress from existing and proposed units/dwellings in line with Sutton’s Development Policy DM12 (14) Prior to occupation, full details of the proposed privacy screens between terraces shall be submitted to, and approved in writing by the Local Planning Authority prior to the first occupation of the dwellings. The development shall thereafter be carried out in accordance with the approved details. Reason: To safeguard, the security, visual amenity and privacy of occupiers of adjoining properties and the development hereby approved.
INFORMATIVES. (1) This approval only grants permission under section 57 of the Town and Country Planning Act 1990. Further approval or consent may be required by other legislation, in particular the Building Regulations and you should contact Building Control on 020 8770 5000 before proceeding with the work. (2) This application has been assessed against the relevant policies of the London Plan 2016, Sutton's Core Planning Strategy 2009 and the Site Development Policies DPD 2012. The proposal is generally in accordance with Section 38(6) of the Planning and Compulsory Purchase Act 2004 (as amended) and for this reason planning permission is granted.
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(3) The submitted application complied with the relevant planning policies and Sutton Council has accordingly granted planning permission. (4) NAMING AND NUMBERING. This permission creates one or more new units which will require a correct postal address. Contact the Street Naming & Numbering Section at 24 Denmark Road, Carshalton, Surrey SM5 2JG, telephone 020 8770 6369 or e-mail [email protected]. (5) This decision notice should be read in conjunction with the agreement under section 106 of the Town and Country Planning Act 1990 dated xxx 2017. (6) The Council consider that this permission is liable for a contribution under the Community Infrastructure Levy (CIL). Please note that if you commence work without giving prior notice of the start date the CIL charge must be paid immediately. (7) The applicant is advised of the following comments from Transport for London: The footway and carriageway on the A232 Carshalton Road must not be blocked during the construction of the development. Temporary obstructions during the conversion must be kept to a minimum and should not encroach on the clear space needed to provide safe passage for pedestrians or obstruct the flow of traffic on the A232 Carshalton Road. All vehicles associated with the construction of the development must only park/ stop at permitted locations and within the time periods permitted by existing on-street restrictions. No skips or construction materials shall be kept on the footway or carriageway on the TLRN at any time. Should the applicant wish to install scaffolding or a hoarding on the footway whilst undertaking this work, separate licences may be required with TfL, please see, https://www.tfl.gov.uk/infofor/urbanplanningandconstruction/highwaylicences
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PLANNING COMMITTEE - Date: 5 July 2017
Report of the Assistant Director, Environment, Housing and Regeneration Directorate (Housing, Planning and Regeneration)
Ref: C2017/76491/FUL WARD: C14 / CAR STH & CLOCK Time Taken: 19 weeks
Site: Proposed development of garden land rear of 26 & 28 Windborough Road,
Carshalton Proposal: Demolition of existing garages and outbuilding and erection of 2no. 2-storey, 4-
person semi-detached dwellinghouses on land at the rear of 26 and 28 Windborough Road with parking accessed via ‘The Avenue’ and associated bin storage and bicycle parking.
Applicant: Mr STEVEN MCDICKEN Agent: Mr Nigel Husband
Recommendation:
GRANT PLANNING PERMISSION
Reason for Report to Committee: The recommendation has been opposed in writing by 10 or more person, residing at separate addresses.
1.0 BACKGROUND 1.1 Site and Surroundings:
1.2 The application relates to a plot of land located at the end of the rear gardens of 26
and 28 Windborough Road, a pair of semi-detached dwellings in Carshalton. The land measures approximately 13.5 metres wide and 33 metres deep and contains two single storey garages which face onto a dirt track access road known as The Avenue.
Summary of why application proposals are acceptable:
The principle of the development on a residential garden is considered acceptable.
The design and scale of the proposed dwellings is considered to be acceptable and would not cause harm to the character and appearance of the area and streetscene.
The proposed dwellings would not give rise to additional increased levels of overlooking or loss of privacy to neighbouring occupiers and no adverse impact in terms of noise and disturbances, as such the proposal is considered acceptable in terms of its relationship to neighbouring occupiers.
The quality of the proposed accommodation is considered acceptable.
The proposal would not adversely affect local parking or highway safety conditions.
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1.3 Boundaries of the site are defined by a mixture of close boarded fence, hedges and trees. A number of trees within the site and the adjoining property are protected by TPO.
1.4 The site lies at the northern end of a row of two storey residential properties facing
onto Stanhope Road. These properties have the appearance of semi-detached dwellings but are sub-divided into maisonettes. The neighbouring properties on Stanhope Road are generally designed with hipped roofs, two storey front-projecting bay windows and front porches or canopies.
1.5 Site Specific Designation:
None 1.6 Relevant Planning History:
1.7 16/73675/FUL – Demolition of existing garage and erection of a detached 3-bedroom
part one part two storey house with roof accommodation together with refuse store, cycle facilities, soft and hard landscaping and two car parking spaces accessed from The Avenue. Refused 11 April 2016 on grounds of excessive height, narrow width, cramped layout and lack of separation to side boundaries.
1.8 16/74413/FUL – Demolition of existing garage and erection of a detached 2
bedroomed part one part two storey house together with refuse store, cycle facilities, soft and hard landscaping and two car parking spaces accessed from The Avenue. Refused August 2016. Refused 19 August 20146 on grounds of excessive height, narrow width, cramped layout and lack of separation to site boundaries.
2.0 APPLICATION PROPOSALS
2.1 Details of Proposal: 2.2 The application seeks planning permission to demolish the existing garages at the
site and erect 2no. 2 storey, 3-bed, four person semi-detached dwellinghouses with parking and access via The Avenue and associated bin storage and bicycle parking.
2.3 The proposed building is designed to contain a hipped roof, staggered rear wall with flat roof single storey feature at the rear elevation. It would measure about 18 metres wide, 13 metres deep and 8 metres high with each of the dwellings measuring have 5.4 metres in width and set some 1.2 metres from the side boundaries.
2.4 The proposed building would incorporate bay windows in the principal elevation and
would be finished in painted render and timber cladding under clay tile roof. Each unit would encompass a hall, living room, WC, kitchen, dining and family room at ground floor and three bedrooms and a bathroom at first floor level.
2.5 The front of the building would be part lawn and part paved to provide space for off
road parking, one for each unit in addition to cycle and bin storage areas.
2.6 Significant amendments to application since submitted:
2.7 The number of off road parking spaces for the proposed dwellings has been reduced from two per dwelling to one per dwelling after officers raised concerns about the potential harm to a significant tree within the site.
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3.0 PUBLICITY
3.1 Adjoining Occupiers Notified
3.2 Method of Notification:
3.3 Consultation letters were sent to adjoining occupiers on 13 March 2017 and a site notice was posted near the site on the 30 March 2017.
3.4 Number of Letters Received:
3.5 24 letters/emails of representation have been received from 22 addresses – all objecting to the proposal.
3.6 Letters/emails of objection were received from the occupiers of the following
dwellings:
1 Stanhope Road
28 Stanley Road
26 Stanley Road
96 Bramblewood Close
4 Windborough Road
14 Stanley Road
40 Stanley Road
24 Windborough Road
38 Stanley Road
24 Stanley Road
89 Pine Ridge
30 Stanley Road
32 Stanley Road
23 Stanley Road
22 Stanley Road
24 Stanley Road
60 Boundary Road
44 Windborough Road
28 Windborough Road
10 Stanley Road
18 Stanley Road
97 Stanley Road
3.7 Summary of Material Responses in objection:
Overdevelopment
Loss of privacy / overlooking
Flooding
Parking and Highway Safety
Noise and disturbance
Out of character
Loss of ecological value
Negative impact on protected local trees
3.8 Summary of Non-Material Considerations:
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Loss of property value/difficulty in selling property
Loss of view
Private road is in poor condition
The refusal of previous applications have set precedents at the site
Approval would set a precedent for similar development in the area
3.9 Official Consultation 3.10 Internal: 3.11 Senior Highways Engineer:
3.12 No objection subject to condition to secure the parking provision.
3.13 Tree Officer:
3.14 No objections subject to conditions.
3.15 Land Contamination Officer:
3.16 Any comment received to be reported orally to committee.
3.17 Environmental Health Officer:
3.18 Any comment received to be reported orally to committee.
3.19 External:
3.20 Any comment received to be reported orally to committee. 3.21 Councillor Representation: None
3.22 The recommendation has been opposed in writing by 10 or more person, residing at
separate addresses.
4.0 MATERIAL PLANNING POLICIES 4.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 states that when
determining a planning application, regard is to be had to the development plan, and the determination shall be made in accordance with the development plan, unless material considerations indicate otherwise. The development plan for the London Borough of Sutton comprises the following documents:
The London Plan 2016
The Core Planning Strategy 2009
The Site Development Policies DPD 2012
4.2 Also a material consideration in determining planning applications are:
National Planning Guidance:
National Planning Policy Framework (NPPF)
National Planning Practice Guidance (NPPG)
Adopted London Borough of Sutton Supplementary Planning Guidance documents
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Draft Sutton Local Plan December 2016
Human Rights Act 1998
Equalities Act 2010 4.3 Material Planning Policies Considered in Determining this Application:
4.4 The London Plan:
3.3 - Increasing Housing Supply
3.4 - Optimising Housing Potential
3.5 - Quality and Design of Housing Developments
3.8 - Housing Choice
5.1 - Climate change mitigation
5.2 - Minimising carbon dioxide emissions
5.3 - Sustainable design and construction
5.7 - Renewable energy
5.13 - Sustainable drainage
6.13 - Parking
8.3 - Community infrastructure Levy
4.5 The Core Planning Strategy:
PMP1 - Housing Provision
PMP2 - Suburban Heartlands
BP12 - Good Urban Design and Heritage
DP2 - Planning Obligations
DP3 - Infrastructure Requirements and Delivery 4.6 Site Development Policies DPD:
DM1 - Character and design
DM2 - Protecting Amenity
DM3 - Enhancing the Street Scene and Public Realm
DM5 - Sustainable Design and Construction
DM6 - Climate Change Mitigation
DM7 - Flood Risk
DM8 - Climate Change Adaptation
DM9 - Water Supply, Water Quality and Sewerage Infrastructure
DM12 - Noise and Vibration
DM19 - Promoting Sustainable transport and accessibility
DM21 - New development and the Highway Network
DM22 - Parking
DM29 - Housing Standards
DM30 - Housing and Back Garden Land
DM31 - Social and Community Infrastructure
4.7 Supplementary Planning Guidance/Documents:
SPD5 - Planning Obligations
SPD13 - Transport Assessments and Travel Plans, adopted 2008
5.0 PLANNING CONSIDERATIONS 5.1 The principal considerations (including whether any material planning objections
have been reasonably addressed) in relation to this application are:
Principle of Development
Design Quality and Impact on Street Scene
Impact on Neighbours
Quality of Proposed Accommodation
Traffic & Parking
Refuse/Recycling
Trees and Landscaping
Sustainability
Planning Obligations
Other Material Considerations 5.2 Principle of Development/Residential development
5.3 The National Planning Policy Framework (NPPF) requires the Council to make the
most efficient use of land by maximising the re-use of previously developed land and the conversion of existing buildings. Core policy BP1 states that the Council will ensure that new housing development will make the most efficient use of land in accordance with the London Plan having regard to, amongst other things, local character and transport accessibility.
5.4 The application site comprises an area of garden land to the rear of 26 and 28 Windborough Road. The application seeks the redevelopment of the land for residential purposes.
5.5 Policy DM30 of the Site Development Policies PDP states that development will not
permitted to existing residential gardens where the garden forms a key part of the area’s character, where the development would adversely affect neighbouring amenity and where the site is of ecological value.
5.6 The residential garden and garages that form the application site are positioned at
the end of a row of semi-detached properties on Stanhope Road. The site is surrounded by fencing and as such the garden is not currently visible from nearby publically accessible areas. Single storey developments are already located on the site in the form of garages and so the site is considered to have already been developed in part.
5.7 The application site has no specific policy designation in terms of ecology and, on
visiting the site, it was noted that its appearance is that of a typical residential garden. As such, the site is not of any significant ecological value that would necessitate its retention as a garden on ecological grounds.
5.8 It is therefore considered that there are no reasonable grounds on which to oppose
the principle of erecting 2no. two storey semi-detached dwellinghouses on the application site, subject to the application also being acceptable in terms of its impact on the character and appearance of the area and its impact on neighbouring amenity. The proposal must also be acceptable in terms of all other relevant issues, including parking and highways considerations.
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5.9 Design Quality and Impact on Street Scene:
5.10 Policy BP12 of the adopted Core Planning Strategy, policy DM1 of the Site
Development Policies DPD and SPD14 ‘Urban Design’ requires development to respect or reinforce the character and identity of the area and avoid developments which do not integrate well into the surroundings.
5.11 The application site does not benefit from any heritage or ecological designation. It lies at the end of the gardens of properties on Windborough Road which are proportionally very long compared to the gardens of other properties to the south. The garden area within the site is currently not visible from public views as it is screened by boundary fencing and gates. The site has also already been partially developed through the erection of detached garages.
5.12 As indicated under principle of development above, there is no objection to the development of this site in principle. The main consideration in terms of design therefore relates to the loss of the visual gap to the north of properties on Stanhope Road, and also to the detailed design of the proposed building including its appearance within the site and within the street scene
5.13 Given the location of the application site and the character of the area, any new development at the site would be seen within the context of the Stanhope Road streetscene. Unlike any of the previously refused schemes which related to a single house, the proposed development relates to a pair of identical semi-detached dwellinghouses. By virtue of their form, the proposed dwellings would respond better to the streetscene compared to the previous proposals.
5.14 The proposed development would appear better proportioned in this wider plot and would respect the pattern of development in the area. The proposed set back along both Stanhope Road and The Avenue would work well.
5.15 The proposed development has been designed to reflect and reinforce the character of the area. In particular the hipped roof design, bay windows, rendered walls and the fenestration details would integrate well within the site and the surrounding area. The proposed off road parking spaces and the soft landscaping areas at the front of the properties in addition to the 1.1 metres minimum separation gap between the proposed dwellings and the side boundaries would enhance the character of the area.
5.16 It is considered the current proposal has been designed to address the concerns raised in the previous applications and as such the proposal is acceptable in design terms and would comply with the NPPF, the London Plan 2016 and the Site Development Policies DPD.
5.17 Impact on Neighbours:
5.18 Policy DM2 of the Site Development Policies DPD states that the Council will not
grant planning permission for any development that adversely affects the amenities of future occupiers or those currently occupying adjoining or nearby properties or has an unacceptable impact on the surrounding area.
5.19 It is noted that the previous applications at the site were not deemed to impact negatively on the amenity of occupiers of neighbouring properties but the proposed
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development would be significantly larger in scale and would intensify the use of the plot.
5.20 The development would be set some 3 metres from 1 and 2 Stanhope Road the nearest property to the south. This property is set on a relatively higher grounds compared to the proposed development. Given the relationship of the application site and the separation distance between the site and the above mentioned property the proposed development is not considered to result in any adverse harm in terms of loss of light, loss of outlook or loss of privacy to its occupiers.
5.21 In terms of dwellings on Windborough Road, the proposed development would be
set some 34 metres away from the rear walls of 26 and 28 Windborough Road set directly opposite the application site. It would be set much further away from other properties along the road. It is considered that the separation distances between the site and the above mentioned dwellings are sufficient enough to prevent any adverse impact on the amenity of their occupiers in terms of loss of light, outlook or loss of privacy.
5.22 Given the situation within the locality the erection of two more dwellings at the
application site would not result in a significant increase in noise disturbances so as to harm residential amenity within the context.
5.23 All other dwellings are set significantly away that the proposal would not result in any
material impact on the amenities of their occupiers. 5.24 It is considered that the proposal would not have an adverse effect on the amenity
of the occupants of the neighbouring properties to an unacceptable level through any loss of light, outlook, noise and disturbance or privacy.
5.25 Layout and Amenity of Future Occupiers:
5.26 The London Plan and the Housing Standards require minimum space standard for
three bedroom four person two storey dwellings is 84 sqm. Each of the proposed dwellinghouses would incorporate internal space of approximately 96 sqm and external amenity space of 88 sqm.
5.27 The size of the proposed dwellings has been assessed against the minimum space
standards stipulated within the London Plan. The dwellings would exceed the minimum floorspace standards of the London Plan and it is clear that the proposed houses would function as intended family houses. It is therefore considered that the standard of accommodation is acceptable.
5.28 Policy DM29 outlines that amenity space provision should be in line with the
provisions of the Urban Design SPD. SPD14 requires adequate provision of private amenity space advising that a minimum of 25 sqm of private garden space should be provided for flats. The London Plan requires a significantly lesser amount of, 5 sqm, private amenity space per unit.
5.29 Each of the proposed dwellings would have access to a private amenity space at the
rear of the building in excess of the 5 sqm. It is therefore considered that the propped amenity external amenity areas as indicated in the submitted plans would comply with the relevant policies.
5.30 The proposed development would also incorporate features such as a ground floor
WC that would benefit people with accessibility requirement. It has also been
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designed to be sufficiently adaptable to provide additional internal access requirements in the future if required.
5.31 It is considered that the proposed development would provide an acceptable level of
amenity space for future occupiers and proposal would be acceptable in terms of its layout and amenity of future occupiers.
5.32 Traffic and Parking:
5.33 Policy DM22 of the Site Development Policies DPD states that new developments
will be expected to provide the appropriate amount of car parking necessary in accordance with the Council’s restraint-based maximum car and cycle parking standards and to ensure the safe and efficient operation of the transport network. Policy DM19 of the same document states that developments should make provision for sustainable transport modes
5.34 The application site contains two detached garages which would be removed to
make room for the proposal. The proposed development would involve the creation of new accesses and single off road parking space for each of the units.
5.35 As established in all the previous applications at the site ‘The Avenue’ is a private
road and creating access from or onto a private road is not under the Council’s control.
5.36 The Council’s maximum parking standards for a 3-bedroom dwelling is 1.5 spaces
per unit and the proposal would include provision for one off road parking space per dwelling and bicycle storage area in the area garden. The Senior Engineer has not raised objections to the development and so the proposal is considered acceptable in parking and highway terms.
5.37 As such, it is considered that the development would not adversely affect local highway conditions or result in an unacceptable increase in on-road parking pressure within the locality. Any grant of planning permission would be subject to an appropriate condition in the interest of highway safety and provision of sustainable travel choices.
5.38 Trees:
5.39 Policy DM1 states that development should respect and retain, where possible,
existing landforms and the natural features of the site including trees of amenity value, hedges and other landscape features, and make suitable provision for high quality additional landscaping.
5.40 The proposal would lead to the removal of a number of fruit bearing trees within the
site and would be within the root protection areas of mature trees within and adjoining the site. Two Sycamore trees in the locality are protected by a TPO. These trees are in relatively good condition and makes a significant contribution to the local landscape.
5.41 The applicant has provided detailed arboricultural report to suggest that the proposal
would not lead to any adverse harm to the protected trees and their root systems. It is to note that the application has since been revised and the amount of hard standing at the front of the development reduced so as to mitigate any potential impact of the proposal on the tree.
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5.42 The Council’s Principal Tree Officer has raised no objection subject to a condition
requiring evidence of compliance with the revised tree protection plan.
5.43 It is considered that the proposal would be acceptable in terms of impact on trees and landscape. Any grant of planning permission would be subject to appropriate conditions.
5.44 Sustainability:
5.45 Policy 5.2 of the London Plan requires developments to make the fullest contribution
to the mitigation of, and adaptation to, climate change and to minimising carbon dioxide emissions according to the following hierarchy: use less energy through the use of passive design and energy efficiency measures, supply energy efficiently through the use of decentralised energy provision and generate renewable energy on-site. Further guidance is contained in the Majors SPG 'Sustainable design and construction', Policy BP6 ‘One Planet Living’ of the Core Planning Strategy DPD, and Policies DM5 and DM6 of the Site Development Policies DPD, which promote the highest standards of sustainable design and construction within the Borough in support of the Council's vision of 'Creating a sustainable suburb'.
5.46 Should the application be approved, a condition would be included to ensure that an
energy strategy is prepared and submitted to the Council in order to demonstrate that the targets set out in Policy DM6 and London Plan Policy 5.2 will be delivered in the completed development.
5.47 Policy DM9 of the Site Development Policies DPD requires all residential
developments to be designed to achieve good practice standards of water efficiency by ensuring that internal potable water consumption is limited to 105 litres per person per day (l/p/d). As such, should the application be approved a condition would be included to secure the submission of a completed Water Efficiency Calculator for New Dwellings prior to the commencement of development.
5.48 Policy DM7 of the Site Development Policies DPD, London Plan Policy 5.13 and the
Mayor’s Sustainable Design and Construction SPG require all proposed developments to:
use SuDS unless there are practical reasons for not doing so and aim to achieve greenfield run-off rates by managing surface water run-off as close to its source as possible in line with the Mayor’s drainage hierarchy;
ensure that the runoff rate at peak times is no more than three times the calculated greenfield rate;
as a minimum, achieve at least 50% attenuation of the site’s surface water runoff at peak times compared to previous conditions on the site (i.e. prior to redevelopment); and
ensure a minimum discharge rate of 5 litres per second per outfall; and
give consideration to green roofs, walls or site planting measures where feasible.
5.49 The Council’s Sustainability Officer has been consulted and raises no objection
subject to recommended conditions to secure the above.
5.50 Planning Obligations:
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5.51 The proposed development would be liable for the London Borough of Sutton’s Community Infrastructure Levy (CIL) as well as the Mayor of London’s CIL. All residential developments are required to pay £120 per sqm (£100 per sqm for London Borough of Sutton and £20 per sqm for the Mayor) on any net increase of existing floorspace.
5.52 The total floor area of the proposed dwellinghouses would be approximately 192 sqm
(unit 1 (96 sqm) and unit 2 (96sqm).
5.53 The total CIL liable for the development would be approximately £27,900.58 (£4,924.84 Mayoral CIL and £22,975.73 London Borough of Sutton CIL).
5.54 Public Sector Equality Duty (PSED) and Human Rights 5.55 Under the Equalities Act 2010, the Council must have due regard to the need to
eliminate discrimination, harassment or victimisation of persons by reason of age, disability, pregnancy, race, religion, sex and sexual orientation. This planning application has been processed and assessed with due regard to the PSED. The application proposals are not considered to conflict with the Duty.
5.56 The application has also been considered in the light of the Human Rights Act 1998
and it is considered that the analysis of the issues in this case, as set out in this report and recommendation below, is compatible with the Act.
5.57 Other Considerations:
5.58 Non-Material Planning Considerations
5.59 Letters have been received stating that existing owners of the private road will not
allow any resident/owner of the proposed house permission to access onto that road. This is a legal matter between the relevant land owners and is not for the Council to consider. The ongoing maintenance of this private road is also a matter for the parties concerned, as is construction methodology.
5.60 Hours of construction and considerate working practices are dealt with by non-planning legislation and as such are not covered in this report.
5.61 Other matters such as the loss of a view and the loss of property value are not given any weight in the determination of the application.
6.0 CONCLUSION AND RECOMMENDATION
6.1 In light of the above, the principle of development of garden land for erection of a pair of detached dwellinghouses is considered acceptable in land use terms.
6.2 The design and scale of the proposed dwellings is considered acceptable and would not cause harm to the character and appearance of the area and streetscene.
6.3 The proposed dwellings would not give rise to increased levels of overlooking or loss of privacy to neighbouring occupiers and no adverse impact in terms of noise and disturbances, as such the proposal is considered acceptable in terms of its relationship to neighbouring occupiers.
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6.4 The quality of the proposed accommodation is acceptable and complies with current housing standards.
6.5 The proposal would not adversely affect local parking or highway safety conditions.
6.6 It is therefore recommended that the application be approved, subject to the recommended conditions.
Background Papers: C2017/76491/FUL Drawings and other documents can be viewed on line –
1) Go to page: http://gis.sutton.gov.uk/FASTWEB/welcome.asp 2) Enter Planning Application Number: C2017/76491 3) Click on Search and View Current Applications 4) Click on View Plans & Documents
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G
Mr Nigel Husband Ibex House 162-164 Arthur Road London SW19 8AQ
C2017/76491/FUL
DRAFT
WARNING: It is in your interests to ensure you obtain the approval of the Local Planning Authority, where the conditions require that to occur. Failure to comply with the following conditions may lead to enforcement action to secure compliance.
FIRST SCHEDULE
Proposed development of garden land rear of 26 & 28 WINDBOROUGH ROAD CARSHALTON Demolition of existing garages and outbuilding and erection of 2no. 2-storey, 4-person semi-detached dwellinghouses on land at the rear of 26 and 28 Windborough Road with parking accessed via ‘The Avenue’ and associated bin storage and bicycle parking.
SECOND SCHEDULE (1) The development must be begun not later than the expiration of three years beginning with the date hereof. Reason: To comply with Section 91 of the Town and Country Planning Act 1990, as amended. (2) The development hereby permitted shall be carried out in accordance with the following approved plans and documents: Drawing numbers Surv02 Rev A, Surv03 Rev A, FPL01 Rev C, FPL02 Rev B, Design and Access Statement, Planning Statement and Arboricultural Statement. Reason: For the avoidance of doubt and in the interests of proper planning. (3) The development shall not begin until a Construction Method Statement/Environmental Statement, to include details of:
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(a) parking for vehicles of site personnel, operatives and visitors (b) loading and unloading of plant and materials (c) storage of plant and materials (d) programme of works (including measures for traffic management) (e) construction traffic routing (f) means to prevent deposition of mud on the highway (g) means to control dust and emissions have been submitted to and approved in writing by the Local Planning Authority; and only the approved details shall be implemented during the construction period. Reason: To ensure that the proposed development does not interfere with the free flow of traffic and conditions of safety on the public highway. (4) Prior to building work starting on site, an Energy Statement incorporating ‘as-designed’ BRUKL outputs prepared under the Standard Assessment Procedure (SAP) shall be submitted to the Local Planning Authority and approved in writing to demonstrate how the development will apply the Mayor’s energy hierarchy (use less energy, supply energy efficiently and use renewable energy) to secure at least a 19% reduction in CO2 emissions below the target emission rate (TER) based on Part L1A of the 2013 Building Regulations and seek to achieve a 10% reduction in total emissions through on-site renewable energy generation. Reason: To comply with Policy DM6 of Sutton’s Site Development Policies DPD. (5)The development hereby approved shall be carried out in accordance with the revised tree protection plan. Evidence of compliance with these details shall be submitted to the Local Planning Authority on completion of development and prior to occupation of the site. Such submissions shall include details of the pre-commencement meeting and subsequent site visits by the arboricultural consultant and evidence of any root pruning undertaken in accordance with the relevant British Standard. Reason: To ensure compliance with the approved details and to ensure minimal harm to retained, protected trees which represent significant public amenity, in accordance with policy DM1 of the Site Development Policies DPD and in accordance with arboricultural best practice. (6) The type and treatment of the materials to be used on the exterior of the dwellings shall be approved in writing by the Local Planning Authority prior to the development being carried out. Samples and/or brochure materials shall be submitted where appropriate. The approved materials shall be used in the construction of the development hereby approved and the development shall be completed prior to its occupation/use. Reason: To safeguard the visual amenities of the area. (7) Prior to first occupation of the dwellings, a completed Water Efficiency Calculator for New Dwellings must be submitted to the Local Planning Authority and approved in writing to show that internal potable water consumption for each of the dwellings will be limited to 110 litres per person per day (l/p/d) based on the Government’s national
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calculation method for water efficiency for the purpose of Part G of the Building Regulations. The Water Efficiency Calculator shall be accompanied by details of the location and type of all appliances or fittings that use water, the capacity or flow rate of any equipment and any rainwater or greywater collection systems incorporated as part of the development. Reason: To comply with Policy DM9 of Sutton’s Site Development Policies DPD (8) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order amending or revoking and re-enacting that Order), planning permission shall be required in respect of development falling within Class(as) A-D to Part 1 of Schedule 2 to that Order, and planning permission shall also be required in respect of development falling within Class A to Part 2 of Schedule 2 to that Order (but only that located on the front driveway of the donor and proposed properties). Reason: To protect the amenities of neighbouring occupiers. (9) No development shall take place until there has been submitted to and approved by the Local Planning Authority a detailed scheme of hard and soft landscaping for the front and rear gardens and vehicle hardstandings. Hardstanding areas shall be constructed of permeable materials. The agreed measures shall thereafter be implemented and retained as such. Reason: To protect the visual amenity and privacy of residential occupiers. (10) Details of refuse storage provision shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development hereby approved. The approved details shall be installed and retained as long as the development is in existence. Reason: In order to meet the Council's waste management policies. (11) Prior to the occupation of development, the type and treatment of all boundary treatments and/or fences/hedges/walls within the site shall submitted to and approved in writing by the Local Planning Authority. The development shall be constructed in accordance with the approved details prior to the first occupation of the building. Reason: To safeguard, where applicable, the security, visual amenity and privacy of occupiers of adjoining properties and the development hereby approved. (12) All building operations in connection with the construction of external walls, roof, and foundations; site excavation or other external site works; works involving the use of plant or machinery; the erection of scaffolding; the delivery of materials; the removal of materials and spoil from the site, and the playing of amplified music or speech shall only take place between the hours of 8.00am and 6.00pm Monday to Friday, and between 8.00 am and 1.00pm on Saturdays and not at all on Sundays, Public and Bank Holidays.
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Reason: To safeguard the amenity of the occupiers of adjacent premises and the area generally during the building construction process. (13) The development shall not be occupied until space has been laid out within the site in accordance with the approved plans for parking of cars. The off road parking areas shall be permanently retained. Reason: In the interest of road safety and the promotion of sustainable travel choices. INFORMATIVES. (1) This approval only grants permission under section 57 of the Town and Country Planning Act 1990. Further approval or consent may be required by other legislation, in particular the Building Regulations and you should contact Building Control on 020 8770 5000 before proceeding with the work. (2) The permission hereby granted confers no rights on the applicant to encroach upon, extend over or otherwise enter upon property not in his ownership for any purposes connected with the implementation of this planning permission. (3) This application has been assessed against the relevant policies of the London Plan 2016, Sutton's Core Planning Strategy 2009 and the Site Development Policies DPD 2012. The proposal is generally in accordance with Section 38(6) of the Planning and Compulsory Purchase Act 2004 (as amended) and for this reason planning permission is granted. (4) The submitted application complied with the relevant planning policies and Sutton Council has accordingly granted planning permission. (5) The Council consider that this permission is liable for a contribution under the Community Infrastructure Levy (CIL). Please note that if you commence work without giving prior notice of the start date the CIL charge must be paid immediately.
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Glossary of Common Planning Terms and Abbreviations Affordable Housing – Includes social rented and intermediate housing, provided to specified eligible households whose needs are not met by the market. Social rented housing is owned and managed by local authorities, registered social landlords and others. Intermediate affordable housing is housing at prices and rents above those of social rent but below market price or rents. These can include shared equity and other low cost homes for sale, and intermediate rent. Amenity Space – The land that is part of the application site that is not built on. In the case of dwellings, for example, it includes all garden land and not just the rear garden. Area of Special Local Character – Areas designated locally by the Council with the intention of protecting their character and appearance by managing change in a sympathetic way. Archaeological Priority Area – An area specified by local planning authorities to help protect archaeological remains that might be affected by development. Larger sites in these areas will always be assessed for their archaeological potential when application is made for their redevelopment. Article 4 Direction – A power available under the Town and Country Planning (General Permitted Development) Order 1995 allowing the Council, in certain instances, to restrict permitted development rights (see also ‘permitted development’). BREEAM (Building Research Establishment Environmental Assessment Method) –Environmental assessment method for buildings. It sets the standard for best practice in sustainable design and has become the measure used to describe a building's environmental performance. BREEAM assesses buildings against a set criteria and provides an overall score within a band providing a rating of either, pass, good, very good, excellent or outstanding. Conservation Area – An area designated by the Council under the Town and Country Planning (Listed Buildings and Conservation Areas) Act 1990 as possessing special architectural or historical interest. The designation aims to protect an area’s character and appearance by enabling the Council to exercise additional planning controls to manage change in a sympathetic way. Trees are also given protection. Density – Density is a measure of the intensity of use of housing land. It is calculated on the basis of the number of habitable rooms per hectare. Density standards are set out in the Unitary Development Plan (see also ‘habitable rooms’). Environmental Impact Assessment (EIA) – The process by which information about the likely environmental effects of major projects is gathered, evaluated and taken into account by the local authority in considering whether or not planning permission should be granted. Green Belt Land – A statutory regional strategic planning designation to prevent urban sprawl by keeping land permanently open. The use of land within the Green Belt should provide opportunities for access to the open countryside, provide opportunities for outdoor sport and recreation, retain and enhance attractive landscapes, and secure nature conservation. Habitable Rooms – All separate living rooms and bedrooms, plus kitchens with a floor area of 13 square metres or more. Bathrooms, toilets, cupboards, landings, halls, lobbies and recesses are not included.
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LDF (Local Development Framework) – A group of documents that are the Council’s current planning policies and have replaced the UDP. Listed Building – The Secretary of State for Culture, Media and Sport compiles a statutory list of buildings of special architectural or historic interest for the guidance of local planning authorities in the exercise of their planning functions. This statutory listing imposes additional planning controls. The Council has also designated some buildings of local architectural interest (the local list) whose retention is encouraged, but they are not subject to any additional planning controls. Listed Building Consent – Required in addition to planning permission before any work can be undertaken on a statutorily listed building. Consent is granted by a Government regional office on the recommendation of the Council. London Plan – A development strategy prepared by the Mayor of London. Major applications that are of strategic importance to Greater London are determined by the Mayor of London on the recommendation of the Council. Metropolitan Open Land – A designation of land that is clearly distinguishable from the built up area and can include facilities that serve the whole or a significant part of London. It has the same level of protection as ‘Green Belt’ land and there is a presumption against inappropriate development that does not preserve the open character of the land. Permitted Development – Minor building work or changes in use, defined in the Town and Country Planning (General Permitted Development Procedure) Order 1995, that can be carried out without the need for planning permission. Planning Brief – A statement regarding the Council’s views on the opportunities and constraints for the development of a particular site, intended to guide potential developers. Planning Obligations – An agreement under section 106 of the Town and Country Planning Act 1990 entered into regarding the use or development of land. Obligations may be used to enhance development proposals (see also ‘section 106 agreement’). PPG (Planning Policy Guidance) – Documents prepared by the government after public consultation to explain statutory provisions and provide guidance to local authorities and others on planning policy and the operation of the planning system. Local authorities must take their contents into account in preparing their development plan documents. The guidance may also be relevant to decisions on individual planning applications and appeals. New guidance is now referred to as: PPS (Planning Policy Statements) Public Open Space – Urban space, designated by the Council, defined where public access is generally not formally established, but which fulfils or is capable of fulfilling a recreational or non-recreational role. Public Transport Accessibility Level (PTAL) – A measure of the accessibility of a site to the public transport network, taking into account walking time to public transport and service availability. A PTAL calculation assigns a level of between 1a, representing very low public transport accessibility, and 6b, representing very high public transport accessibility, to any given site or point of interest. The higher the PTAL score, the better the accessibility. A score of four would apply to town centre sites indicating that higher density development was possible.
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Section 106 Agreement – A binding agreement under section 106 of the Town and Country Planning Act 1990 between the Council and a developer. It is completed on the granting of planning permission and deals with matters linked to the proposed development. It will usually involve the payment of a financial contribution, on a pre-determined scale, towards public costs, such as a new road junction or additional school places, arising as a result of a development (see also ‘planning obligations’). Site of Importance for Nature Conservation (SINC) – A designation applied to important nature conservation sites, which can be designated for both their ecology and geological interest. They are of lesser quality than the nationally or internationally important Sites of Special Scientific Interest (SSSI). Sites are designated in accordance with a published list of criteria and supported by Natural England. They do not receive statutory protection but are protected from damaging development by local and national planning policy. Site of Special Scientific Interest (SSSI) – A site of wildlife and natural features safeguarded to protect its high natural heritage importance. Sites are protected under the Wildlife and Countryside Act 1981 and the Countryside and Rights of Way Act 2000 from development or other damage. Protection is not necessarily absolute - generally it requires the SSSI interest to be considered properly against other factors. Special Policy Area Established residential areas where the Council seeks to retain their predominantly open, landscape dominated layout, and preserve their character and appearance. SPD (Supplementary Planning Document) – A document that supplements the UDP, and which gives guidance on the Council’s policy towards certain types of development or where certain circumstances arise (eg home extensions). Also referred to as: SPG (Supplementary Planning Guidance) Sustainable Development/Sustainability – Defined by the Brundtland Commission (1987) as: “development which meets present needs without compromising the ability of future generations to achieve their own needs and aspirations”. The World Conservation Union (1991) definition is also useful - “improving the quality of life while living within the carrying capacity of supporting ecosystems”. Sustainable Residential Development Area Areas designated by the Council in, or in close proximity to, town centres, where higher housing densities can be achieved and amenity space and car parking standards can be applied flexibly if certain design quality and sustainability objectives are met. TfL – Transport for London, part of the Greater London Authority. Its role is to implement the transport strategy and to manage transport services across London. Tree Preservation Order (TPO) – Made under the Town and Country Planning Act 1990 by the local planning authority to protect trees of importance for amenity, landscape and nature conservation. UDP (Unitary Development Plan) – A group of documents adopted in 2003 that set out the Council’s planning policies and which have now been superseded by a new group of documents referred to as the Local Development Framework (see also LDF). Use Class – The Town and Country Planning (Use Classes) Order 2005 classifies the uses of premises into different classes. The use of premises can normally be changed to a different use within the same class without the need for planning permission, but a change to a use in a different class requires planning permission.
