B2 WA/2014/1737 Erection of 2 semi-detached … WA2014-1737... · Ward : Milford Case Officer: Mr T...

B2 WA/2014/1737 Erection of 2 semi-detached dwellings following demolition of existing building (revision of WA/2014/1197) at Goldwell Services Ltd, Cherry Tree Road, Milford, GU8 5AX (as amended by email dated 07/10/2014 and plans received 31/10/2014) Central Area 03/12/2014

Mr B Welch 18/09/2014

Committee: Meeting Date:

Public Notice Was Public Notice required and posted: N/A Grid Reference: E: 494352 N: 142156 Parish: Witley Ward : Milford Case Officer: Mr T Lipscomb

8 Week Expiry Date 13/11/2014

Neighbour Notification Expiry Date 24/10/2014

Neighbour Notification Amended/Additional Expiry Date

RECOMMENDATION That, subject to the receipt of a suitably completed legal agreement relating to PIC by 20/12/2014, permission be GRANTED.

Introduction The application has been brought before the Area Committee because the proposal does not fall within the Council’s Scheme of Delegation. Location or Layout Plan

Site Description The site, which measures 275sqm, comprises a vacant commercial building, last used by Goldwell Services Ltd (lighting manufacturers), located to the southwest side of Cherry Tree Road. The building is part two-storey, part single storey, with the first floor accommodated within a mansard roof, with a large area of crown flat roof at ridge height. There is a vehicular access to the frontage of the site.

Site access

View from road

View from road

Dwellings to the south-west of the site

Site

Site

View from the side of Cramptons (dwelling to the Northwest) looking towards the site Proposal The proposal is for the erection of a pair of semi-detached dwellings, following demolition of the existing building. The proposed dwellings would be two bedroomed. The proposed building would measure 8.4m in height to the ridge, a maximum of 13.7m in width and 8.2m in depth. The building would have a pitched roof with hipped roof endings and gabled window features to the first floor. Construction materials would be brick, render and tiles. The plans show that the existing vehicular access would be retained, providing direct access to the shared driveway. The submitted plans show four off-street parking spaces (2 of which are in tandem form). Each dwelling is shown to have a cycle rack and bin store. The plans show planting along the south-western boundary of the site. Each dwelling would have an area of garden space to the southwest.

Site

Existing Block Plan

Existing Layout Plan

Existing Elevations

Existing Elevations

Existing Ground Floor Plan

Existing First Floor Plan

Existing Roof Plan

Proposed Block Plan

Proposed Layout Plan

Proposed Southwest and Northwest Elevations

Proposed Northeast and Southeast Elevations

Proposed Ground Floor Plan

Proposed First Floor Plan

Proposed Roof Plan

Plan showing tracking movements for accessing proposed parking spaces

Section drawings, showing relationship with Cramptons (to the Northwest) and 3-5 Leehurst (to the Southwest) Relevant Planning History

WA/2014/1197 Erection of a pair of semi-detached dwellings following demolition of existing building (as amplified by emails dated 20/05/2014 and 28/05/2014)

Refused 30/05/2014

WA/1993/1283 Erection of a single storey extension. Appeal Allowed 06/06/1994

WA/1985/1471 Alterations to roof to provide enlarged computer room and store

Full Permission 19/11/1985

WA/1984/1731 Erection of a single storey extension to provide dispatch and storage area


WA/1984/0883 Erection of a single storey extension to provide storage, despatch and manufacturing area

Refused 21/08/1984

WA/1980/1109 The removal of condition No.2 imposed under planning permission WA79/978 as varied by planning permission WA79/1901


WA/1979/1901 Amendment of clause 2 on permission WA 79/978, to read "the existing access to site from the driveway to A3 to be closed to delivery vehicles"


WA/1979/0978 Formation of new access to Cherry Tree Road.


WA/1977/1342 Erection of store to workshop and subsequent demolition of existing storage shed


Planning Policy Constraints Green Belt - within settlement area Wealden Heaths I SPA 1km Wealden Heaths I SAC 2km Development Plan Policies and Proposals Policies D1, D3, D4, D5, D6, D7, D8, D9, D13, D14, C1, H10, IC2, RD1, M2 and M14 of the Waverley Borough Local Plan 2002

Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires all applications for planning permission to be determined in accordance with the Development Plan, unless material considerations indicate otherwise. The adopted Local Plan (2002) therefore remains the starting point for the assessment of this proposal. The National Planning Policy Framework (NPPF) is a material consideration in the determination of this case. Paragraph 215 states that where a local authority does not have a development plan adopted since 2004, due weight may only be given to relevant policies in existing plans according to their degree of consistency with the NPPF. In this instance, the relevant Local Plan policies possess a good degree of conformity with the requirements of the NPPF. As such, considerable weight may still be given to the requirements of the Local Plan. The Council is in the process of replacing the 2002 Local Plan with a new two part document. Part 1 (Strategic Policies and Sites) will replace the Core Strategy that was withdrawn in October 2013. Part 2 (Development Management and Site Allocations) will follow the adoption of Part 1. The new Local Plan will build upon the foundations of the Core Strategy, particularly in those areas where the policy/ approach is not likely to change significantly. Public consultation on potential housing scenarios and other issues took place in September/October 2014. The current (provisional) timetable for the preparation of the Local Plan indicates the publication of the Part 1 draft plan in March 2015, with its submission for examination in June 2015. Adoption is scheduled for early 2016.

Other guidance: The National Planning Policy Framework 2012 (NPPF) The National Planning Practice Guidance 2014 (NPPG) Residential Extensions Supplementary Planning Document 2010 (SPD) Waverley Borough Council Parking Guidelines 2013 Planning Infrastructure Contributions 2008 Surrey Vehicular and Cycle Parking Guidance 2012 Local Plan Consultation Evidence Documents 2014 (Green Belt Review Parts 1 and 2, Landscape Review, Employment Land Review Update, Strategic House Land Availability Assessment, Strategic Transport Report, Infrastructure Update, Habitats Regulations Assessment and Interim Sustainability Appraisal) Consultations and Parish Council Comments

County Highway Authority No objection subject to conditions.

Thames Water No objection. Informatives recommended.

Council’s Environmental Health Service (Contaminated Land)

No objection subject to conditions.

Council’s Waste and Recycling Coordinator

No objection subject to condition.

Parish Council

No objection

Representations In accordance with the statutory requirements and the “Reaching Out to the Community – Local Development Framework – Statement of Community Involvement – August 2014” neighbour notification letters were sent on 30/09/2014. No letters have been received.

Submissions in support The applicant has made the following main points in support of the scheme:

• The current application is a resubmission of the refused 2 dwelling scheme taking account of the reasons for refusal of WA/2014/0664 and WA/2014/1197 which in essence related to neighbourliness, parking and infrastructure contributions. No objection was raised by Surrey County Council as Highway Authority in relation to highways or parking nor is there a reason for refusal relating to marketing.

• The principle of development was accepted in both the pre-application response and refusals WA/2014/0664 and WA/2014/1197, as was compliance with RD1. Further, the appearance of the building in the street scene was acceptable and adequate rear amenity space was to be provided.

• Alterations to the fenestration mean that no overlooking nor loss of amenity will occur. Plans detailing the 25° vertical analysis and the 45° horizontal analysis are also submitted and demonstrate that no harm will be caused.

• In relation to parking, the access gate has been removed to allow manoeuvring space behind the car parking spaces at House 2.

Determining Issues Principle of development Planning history and differences with previous proposal Impact on visual amenity Impact on residential amenity Crime and disorder Financial considerations Climate change and sustainability Biodiversity and compliance with Habitat Regulations 2010 Effect upon SPA Water Frameworks Regulations 2011 Accessibility and Equalities Act 2010 Implications Human Rights Implications Environmental Impact Regulations 2011 Working in a positive/proactive manner Planning Considerations Principle of development The site is within the Green Belt wherein there is a general presumption against inappropriate development. Any development which would materially detract from the openness or visual amenity of the Green Belt will not be permitted. The site is within the Rural Settlement Area of Milford wherein the Council will only permit appropriate development which is well-related in scale and location to the existing development and which complies with the criteria of Policy RD1. The NPPF states that the purpose of the planning system is to contribute to the achievement of sustainable development. There are three dimensions to sustainable development: economic, social and environmental. These dimensions give rise to the need for the planning system to perform a number of roles:

• an economic role – contributing to building a strong, responsive and competitive economy, by ensuring that sufficient land of the right type is available in the right places and at the right time to support growth and innovation; and by identifying and coordinating development requirements, including the provision of infrastructure;

• a social role – supporting strong, vibrant and healthy communities, by providing the supply of housing required to meet the needs of present and future generations; and by creating a high quality built environment, with accessible local services that reflect the community’s needs and support its health, social and cultural well-being; and

• an environmental role – contributing to protecting and enhancing our natural, built and historic environment; and, as part of this, helping to improve biodiversity, use natural resources prudently, minimise waste and pollution, and mitigate and adapt to climate change including moving to a low carbon economy.

The NPPF sets out that planning policies should avoid the long term protection of sites allocated for employment use where there is no reasonable prospect of a site being used for that purpose. Land allocations should be regularly reviewed. Where there is no reasonable prospect of a site being used for the allocated employment use, applications for alternative uses of land or buildings should be treated on their merits having regard to market signals and the relative need for different land uses to support sustainable local communities. The loss of suitably located industrial and commercial land will be resisted, in accordance with Policy IC2. The site is within the Wealden Heaths Special Protection Area Buffer Zone. Development should not result in a likely significant effect upon the integrity of the SPA. The site is within the Wealden Heaths Special Area of Conservation Buffer Zone. Development should not result in a likely significant effect upon the integrity of the SAC. Planning history and differences with previous proposal The planning history is a material consideration. Planning permission was refused for a similar scheme under WA/2014/0664 for the following reasons: 1. Reason

The proposal would fail to provide adequate parking spaces which could lead to pressure for on street parking resulting in harm to visual amenity of the area and inconvenience to adjacent residential occupiers and therefore conflicts with the Waverley Borough Council adopted Parking Guidelines 2013 and Policy M14 of the Waverley Borough Local Plan 2002.

2. Reason

The application fails to comply with the Waverley Borough Council Infrastructure Contribution SPD (April 2008) and therefore the proposal conflicts with Policies D13 and D14 of the Waverley Borough Council Local Plan 2002

3 Reason

The proposed development by virtue of the proposed obscured glazing and lack of natural outlook for bedroom 2, to the most northerly dwelling, would result in a substandard residential environment for future occupants and would be contrary to Policies D1 and D4 of the Waverley Borough Local Plan 2002.

The key differences between the previous proposal and the current proposal are as follows:

• The first floor layout and fenestration have been altered to avoid side facing windows, looking towards Cramptons (to the northwest).

• The access gate and fence post to the site are now removed, to allow for more manoeuvring space behind parking spaces.

The test for Members is whether, having regard to the changes, the current proposal has overcome the objections to the previously refused scheme (see plans below) and is acceptable in its own right.

Proposed Block Plan - WA/2014/0664

Proposed Layout Plan - WA/2014/0664

Proposed Ground Floor Plan - WA/2014/0664

Proposed First and Second Floors - WA/2014/0664

Proposed Northeast and Southeast Elevations - WA/2014/0664

Proposed Southwest and Northwest Elevations - WA/2014/0664 Green Belt considerations The site is located within the Green Belt outside any defined settlement area. Within the Green Belt there is a general presumption against inappropriate development which is, by definition, harmful and should not be approved except in very special circumstances. Paragraph 89 of the NPPF sets out that the construction of new buildings should be regarded as inappropriate development, exceptions to this include:

• Buildings for agriculture and forestry;

• Provision of appropriate facilities for outdoor sport, outdoor recreation and for cemeteries, as long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within it;

• The extension or alteration of a building provided that it does not result in disproportionate additions over and above the size of the original building;

• The replacement of a building, provided the new building is in the same use and not materially larger than the one it replaces;

• Limited infilling in villages, and limited affordable housing for local community needs under policies set out in the Local Plan; or

• Limited infilling or the partial or complete redevelopment of previously developed sites (brownfield land), whether redundant or in continuing use (excluding temporary buildings), which would not have a greater impact on the openness of the

Green Belt and the purpose of including land within it than the existing development.

The proposal is considered to amount to the development of previously developed land. The proposal would involve replacing the existing building with a significantly taller building. However, the scheme would also result in a reduction in built footprint on the site. For this reason, it is concluded that the proposal would not have a greater impact on the openness of the Green Belt and would not conflict with the purposes of including land within the Green Belt. As such, the proposal is considered to not amount to inappropriate development in the Green Belt. The application site is within the Rural Settlement of Milford. Policy RD1 of the Local Plan states that development will only be permitted if it is well-related in scale and location to the existing development and:-

a) Comprises infilling of a small gap in an otherwise continuous built up frontage or the development of land or buildings that are substantially surrounded by existing buildings; and

b) Does not result in the development of land which, by reason of its openness, physical characteristics or ecological value, makes a significant contribution to the character and amenities of the village; and

c) Does not adversely affect the urban/rural transition by using open land within the curtilage of buildings at the edge of the settlement; and

d) Takes account of the form, setting, local building style and heritage of the settlement; and

e) Generates a level of traffic which is compatible with the environment of the village and which can be satisfactorily accommodated on the surrounding network.

The scheme is considered to amount to the development of land which is substantially surrounded by buildings. It is concluded that the development of the land would not result in the development of land which, by reason of its openness, physical characteristics or ecological value, makes a significant contribution to the character and amenities of the village. The proposed development would not adversely affect the urban/rural transition. The scheme is considered to take account of the form, setting, local building style and heritage of the settlement. The proposed development would not generate a level of traffic which is incompatible with the environment of the village and which cannot be satisfactorily accommodated on the surrounding network. The proposal is considered to comply with Policy RD1 and the guidance within the NPPF and is, therefore, not inappropriate development in the Green Belt. Housing Land Supply Paragraph 159 of the NPPF states that Local Planning Authorities should have a clear understanding of housing needs in their area, they should, inter alia, prepare a Strategic Housing Market Assessment to assess their full housing needs; and prepare a Strategic

Housing Land Availability Assessment to establish realistic assumptions about the availability, suitability and the likely economic viability of land to meet the identified need for housing over the plan period. Paragraph 47 of the NPPF states that local planning authorities should use their evidence bases to ensure their Local Plan meets the full needs for market and affordable housing in the Borough, and should identify and update annually a five-year supply of specific and deliverable sites against their housing requirements. Further, a supply of specific, developable sites or broad locations for growth should be identified for years 6-11 and, where possible, 11-15. LPAs should also set their own approach to housing density to reflect local circumstances and to boost significantly the supply of housing. Paragraph 49 of the NPPF continues that housing applications should be considered in the context of the presumption in favour of sustainable development. Paragraph 50 of the National Planning Policy Framework directs that in order to deliver a wide choice of high quality homes, widen opportunities for home ownership and create sustainable, inclusive and mixed communities, local planning authorities should: inter alia

• plan for a mix of housing based on current and future demographic trends, market trends and the needs of different groups in the community (such as, but not limited to, families with children, older people, people with disabilities, service families and people wishing to build their own homes);

• identify the size, type, tenure and range of housing that are required in particular locations, reflecting local demand.

It is considered that the Council’s policies with regards to assessing housing need and demonstrating supply are consistent with the NPPF in this respect. Following the withdrawal of the Core Strategy from examination in October 2013, the Council agreed an interim housing target of 250 dwellings a year for the purposes of establishing five year housing supply in December 2013. That was the target in the revoked South East Plan and is the most recent housing target for Waverley that has been tested and adopted. However, as a result of recent court judgements, it is accepted that the Council should not use the South East Plan figure as its starting point for its five year housing supply and that the Council does not currently have an up-to-date housing supply policy from which to derive a five year housing land requirement. It is acknowledged that both the latest household projections published by the Department for Communities and Local Government and the evidence in the emerging draft Strategic Housing Market Assessment point to a higher level of housing need in Waverley than that outlined within the South East Plan. Specifically, the SHMA indicates an unvarnished figure of 470 dwellings per annum. Notwithstanding that this is a higher figure than the South East Plan Figure; initial estimates suggest a housing land supply of 4 years as of 1st October 2014 based on the unvarnished housing supply figure of 470 dwellings per annum. The Council has, in accordance with paragraph 47 of the Framework, worked “to boost significantly the supply of housing”. As such, it is considered that the shortfall in housing land supply identified at present, when assessed against the untested SHMA figure of 470 dwellings per annum, should be given limited weight at this time, particularly given the constraints of the Borough, which clearly influenced the conclusion of the Report of the Panel (August 2007)

appointed by the Secretary of State to examine the Draft Regional Spatial Strategy for the South East. Nonetheless, the proposed development would contribute to meeting the housing needs of the Council. This is a material consideration to be weighed against the other considerations for this application. Loss of commercial land The NPPF establishes that within the overarching roles that the planning system ought to play, a set of core land-use planning principles should underpin both plan-making and decision-taking. These 12 principles include that planning should proactively drive and support sustainable economic development to deliver the homes, business and industrial units, infrastructure and thriving local places that the country needs. Every effort should be made objectively to identify and then meet the housing, business and other development needs of an area, and respond positively to wider opportunities for growth. Plans should take account of market signals, such as land prices and housing affordability, and set out a clear strategy for allocating sufficient land which is suitable for development in their area, taking account of the needs of the residential and business communities. At paragraph 18 the NPPF highlights the Government’s commitment to securing economic growth in order to create jobs and prosperity, building on the country’s inherent strengths, and to meeting the twin challenges of global competition and of a low carbon future. At paragraph 22, the NPPF sets out that planning policy should avoid the long term protection of sites allocated for employment use where there is no reasonable prospect of a site being used for that purpose. Land allocations should be regularly reviewed. Where there is no reasonable prospect of a site being used for the allocated employment use, applications for alternative uses of land or buildings should be treated on their merits having regard to market signals and the relative need for different land uses to support sustainable local communities. Paragraph 160 of the NPPF states that Local Planning Authorities should have a clear understanding of business needs within the economic markets operating in and across their area. Paragraph 161 requires local planning authorities to assess the needs for land or floorspace for economic development and assess the existing and future supply of land available for economic development and its sufficiency and suitability to meet the identified needs. Waverley Borough Local Plan 2002 is consistent with the NPPF with regards to securing economic growth. The Keynote Policy of the Local Plan states: “The Council, through the Local Plan, will seek to maintain and improve the quality of life in Waverley without compromising the ability of future generations to meet their own needs and to enjoy a high quality environment. This means protecting and enhancing the Borough’s environmental quality and providing for homes, jobs, infrastructure and services without undermining the value of the built, natural and man-managed environmental resource.” Taking account of the planning context for Waverley, the Keynote Policy can be developed into a number of aims relating to the themes of inter alia securing a healthy economy. Aim

5 of the Local Plan seeks to help to achieve a healthy economy in a way which conserves and enhances the quality of the Borough’s environment and infrastructure. The Keynote Policy and the 5 aims underpin the planning policies of the Local Plan. Policy IC2, Safeguarding Suitably Located Industrial and Commercial Land, states: “The loss of suitably located industrial and commercial land will be resisted. Sites will be regarded as being suitably located where they meet one or more of the following criteria:-

(a) the continued use of the site for commercial or industrial purposes would not have a materially adverse impact on the local environment or the amenities of nearby residents;

(b) they lie within or close to residential areas which can provide a source of labour; (c) they are conveniently located to customers/markets and to other firms; (d) they are located where the highway network can satisfactorily absorb the traffic

generated; and (e) they are conveniently served by public transport and/or are conveniently

accessible from nearby residential areas by walking/bicycle. Areas of suitably located industrial and commercial land over 0.4 hectares (1 acre) are identified on the Proposals Map In giving consideration to applications which conflict with this policy, the Council will require the applicant to demonstrate that there is no need for the site to be retained for employment purposes”. The Council’s Corporate Plan (2012-2015) and Executive Resolution (November 2012) set out that the Council will act as a community champion to businesses and will seek to be business-friendly in our planning role. The Council’s Employment Land Review (ELR) update 2014 provides an up-to-date analysis of the Borough’s employment land supply as well as an assessment of the likely demand for employment land and premises to 2027. The Council’s Employment Land Review (ELR) update 2014 sets out that employment growth is mainly expected to come from B1 sectors and primarily from small and medium sized enterprises. Under the trend based scenario, Waverley will have no net additional employment land requirements over the period to 2031, with the projected increase in B1 demand balanced out by the forecast decline in B2 and B8 land requirements. Under the Experian-based scenario Waverley is forecast to need approximately 7 ha of additional employment land by 2031. Waverley is projected to need some 16,000 sqm of additional B1a/b floorspace by 2031. The scheme proposes the reduction in Class B1 floor space of 212sqm. The site has not been actively marketed for a commercial use and, therefore, there is a conflict with Policy IC2 as the applicant has not demonstrated that there is no need for the site to be retained for employment purposes. Planning application WA/2014/1197 was not refused for any conflict with Policy IC2. In that assessment, the Council concluded that taking into account the Government’s prior approval provisions, which support a change from Class B1a to residential, and the provision of much needed housing, the principle would be acceptable. Recent appeal decisions have indicated that the Government is supportive of the principle of the change

of use from office use to residential and as this should be given weight in the current assessment. The prior approval provision is a fall back position of some weight. Therefore, it is concluded that the benefit of the proposed development and the current government guidance regarding loss of commercial land, is such that a refusal based on Policy IC2 would not be justified. Impact on visual amenity The NPPF attaches great importance to the design of the built environment as a key part of sustainable development. Although planning policies and decisions should not attempt to impose architectural styles or particular tastes, they should seek to promote or reinforce local distinctiveness. Policies D1 and D4 of the Local Plan 2002 accord with the NPPF in requiring development to have high quality design and to be well related in size, scale and character to its surroundings. The standalone design of the building is not objectionable. The building would be significantly taller than the existing building. Whilst the building is large in comparison to the size of the site, it is concluded that the size and design of the building would not result in material harm to the character of the area. Impact on residential amenity The NPPF identifies that within the overarching roles that the planning system ought to play, a set of core land use planning principles should underpin both plan-making and decision making. These 12 principles include that planning should seek to secure a good standard of amenity for all existing and future occupants of land and buildings. These principles are supported by Policies D1 and D4 of the Local Plan and guidance contained within the Council’s SPD for Residential Extensions. The proposal would result in a significantly larger building (in terms of height) than that which existing on site currently. The separation distance between the proposed building line and the building line of residential properties to the southwest would be approximately 10.2m. The Council’s SPD on Residential Extensions 2010 sets out guidelines relating to loss of light. The guidelines set out the following:

• The 25º Rule should be used when a proposed development directly faces an existing habitable window in the neighbour’s property. In this instance, a line taken from one metre above ground floor level on the rear elevation of the proposed extension should be drawn at 25º to the ground. If this line crosses the development opposite, then it is considered that the relationship is unacceptable and would reduce the amount of daylight into the existing property.

• The minimum distance from the rear elevation of the extension to the rear elevation of neighbour’s property should not be less than 21 metres (measured between the two closest points of each building including balconies). If additional storeys are to be added, then a further 5 metres should be provided between the two elevations.

The separation distance between existing and proposed building lines would be 10.2m. The applicant has submitted drawings to demonstrate that the scheme would not conflict with the 25 degree guideline and as such it is concluded that there would be no material

loss of light to neighbouring properties, although it is recognised that the outlook from these dwellings would change. The proposed building would not include first floor windows with a view towards Cramptons and the windows to the rear of the building, facing towards the terrace houses to the southwest serve non-habitable rooms and could reasonably be controlled by way of condition, if permission is granted, to ensure that it is obscurely glazed. The change to internal layout, in comparison with the refused scheme under WA/2014/1197, to ensure that the bedroom windows to House 1 face to the front, has allowed the side facing obscurely glazed window, previously proposed, to be removed. The proposal is considered to have overcome the previous reason for refusal in this regard. Whilst the proposed building would be taller than the existing, it is concluded, on balance, that the resultant built form would not result in an overbearing form of development to neighbouring properties. The proposal would not result in material harm to the residential environment of future occupants or the residential amenities of existing neighbours. Amenity space On promoting healthy communities, the NPPF sets out that planning policies and decisions should aim to achieve places which promote safe and accessible developments, with high quality public space which encourage the active and continual use of public areas. These should include high quality open spaces and opportunities for sport and recreation which can make an important contribution to the health and well-being of communities. Policy H10 of the Local Plan addresses amenity and play space in housing developments. Although there are no set standards for garden sizes, the policy requires that a usable ‘outdoor area’ should be provided in association with residential development and that ‘appropriate provision for children’s play’ is required. The amenity space proposed is limited, with the gardens being 2.8m in depth, with additional planting taking up some of this space. Whilst the garden size is limited, the scheme would provide useable outdoor space and whilst not ideal, it is considered that the requirements of Policy H10 would be complied with. Moreover, the site is in close proximity to open countryside and opportunities for recreation which would, to some extent, mitigate for the limitations in private amenity space. Highway and parking considerations The NPPF supports the adoption of local parking standards for both residential and non-residential development. The Council have recently adopted a Parking Guidelines Document which follows the adoption of the Surrey County Council Vehicular and Cycle Parking Guidance in January 2012. Development proposals should comply with the appropriate guidance as set out within these documents. The Council’s parking guidelines indicate that a two bedroom dwelling in this location should provide two parking spaces. Therefore, there would be a requirement for four parking spaces on site.

Therefore, the proposal would comply with both the County and Council’s parking guidelines in terms of the number of parking spaces. In addition, one of the parking spaces for ‘House 2’ has a limited manoeuvring space of 5.4m to the rear (on the basis that a parking space has a length of 4.8m). The other parking space would be difficult to use as there is no clear manoeuvring space behind it. Indeed, a second parking space could not be accommodated in the way shown on the plans, as there is physically not sufficient space for a second parking space and there is inadequate space for manoeuvring to the rear. The County Highway Authority’s Standing Advice indicates that the minimum manoeuvring space to the rear of a parking space is 6m (rising to 6.8m between a space and a wall or fence opposite). Therefore, this parking space would not meet the necessary minimum requirements. It is noted that the County Highway Authority has not objected to this scheme or on previous applications on the site, which showed similar, albeit even poorer access arrangements, on the basis of highway safety. The scheme has been amended since the previous refusal to remove the proposed access gate and fence post. This would marginally improve the ability to manoeuvre into and out of this parking space. Whilst the layout is not ideal, the scheme would provide off-street parking for four cars. This level of provision would comply with the Council’s adopted guidance on parking provision. Therefore, Officers raise no objection in relation to highway or parking considerations. Bin storage The application has satisfactorily demonstrated that adequate storage provision could be made for a variety of different sized refuse bins, recycling and food waste. This should be secured by way of planning condition, if permission is granted. Therefore, no objection is raised on this basis. Infrastructure Policy D13 of the Local Plan states that “development will only be permitted where adequate infrastructure, services and facilities are available, or where the developer has made suitable arrangements for the provision of the infrastructure, services and facilities directly made necessary by the proposed development. The Council will have regard to the cumulative impact of development, and developers may be required to contribute jointly to necessary infrastructure improvements”. Local Plan Policy D14 goes on to set out the principles behind the negotiation of planning obligations required in connection with particular forms of new development. The current tests for legal agreements are set out in Regulation 122 (2) of the CIL Regulations 2010 and the guidance within the NPPF. The three tests as set out in Regulation 122(2) require s106 agreements to be:

− Necessary to make the development acceptable in planning terms;

− Directly related to the development; and

− Fairly and reasonably related in scale and kind to the development.

The NPPF emphasises that to ensure viability, the costs of any requirements likely to be applied to development, such as infrastructure contributions should, when taking account

of the normal cost of development and mitigation, provide competitive returns to a willing land owner and willing developer to enable the development to be deliverable. The Council adopted a SPD on Infrastructure Contributions in April 2008. The policy requires developments which result in a net increase in dwellings to contribute towards infrastructure improvements in the Borough. This is the starting point for calculating the contribution. The application form states that each of the dwellings would have two bedrooms. The applicant has provided a draft legal agreement on the basis of 2x2 bedroom dwellings, which provides a contribution of £8,585.81. However, a completed, signed agreement has not yet been received. It is envisaged that this matter will be addressed by the time of the meeting. This matter will be reported orally. The dual recommendation allows for this matter. Crime and disorder S17(1) of the Crime and Disorder Act 1998 places a duty to consider crime and disorder implications on local authorities. In exercising its various functions, each authority should have due regard to the likely effect of those functions on, and the need to do all that it can to prevent, crime and disorder in its area. This requirement is reflected in the National Planning Policy Framework, which states that planning policies and decisions should promote safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion. Given the scale and nature of the proposal, together with its location within a private curtilage, it is considered that the proposed development would not lead to crime and disorder in the local community and would accord with the requirements of the NPPF. Financial Considerations Section 70 subsection 2 of the Town and Country Planning Act 1990 (as amended) states that any local financial considerations are a matter to which local planning authorities must have regard to in determining planning applications; as far as they are material for the application. The weight to be attached to these considerations is a matter for the Committee. Local financial considerations are defined as grants from Government or sums payable to the authority under the Community Infrastructure Levy (CIL). This means that the New Homes Bonus (NHB) is capable of being a material consideration where relevant. In the current case, the approval of the application would mean that the NHB would be payable for the net increase in dwellings from this development. The Head of Finance has calculated the indicative figure of £1,450 per net additional dwelling, (Total of £2,900) per annum for six years. Climate change and sustainability The Local Plan does not require this type of development to achieve a particular rating of the Code for Sustainable Homes or include renewable energy technologies. The lack of any policy backing in this regard, however, prevents conditions being added to require this.

Biodiversity and compliance with Habitat Regulations 2010 The NPPF states that the Planning System should contribute to and enhance the natural and local environment by minimising impacts upon biodiversity and providing net gains in biodiversity where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures. When determining planning application, local planning authorities should aim to conserve and enhance biodiversity by applying the following principles: If significant harm resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for then planning permission should be refused. In addition, Circular 06/2005 states ‘It is essential that the presence or otherwise of protected species and the extent that they may be affected by the proposed development, is established before planning permission is granted.’ The National Environment and Rural Communities Act 2006 states that the Council as local planning authority has a legal duty of care to protect biodiversity. The application property does not fall within a designated SPA, SAC, SNCI or SSSI. It is not within 200m of ancient woodland, and is not an agricultural building or barn. Having regard to this, and the completed biodiversity checklist, it is considered that a biodiversity survey is not required in this instance. However, an informative should be added to remind the applicant that protected species may be present at the property and that works should stop should they be found during the course of the works. Effect upon SPA and SAC The site is located within the Wealden Heaths I SPA Buffer Zone. The proposal would result in an increase in people (permanently) on the site. However, due to the availability of alternative recreational opportunities within the area, which could divert residents from use of the SPA, the proposal would not have a likely significant effect upon the integrity of the SPA. An appropriate assessment is not, therefore, required. As the proposal is for a residential building it is not likely to result in a material increase in environmental pollution and therefore would not have a likely significant effect upon the integrity of the SAC. An appropriate assessment is not, therefore, required. Water Frameworks Regulations 2011 The European Water Framework Directive came into force in December 2000 and became part of UK law in December 2003. It gives us an opportunity to plan and deliver a better water environment, focusing on ecology. It is designed to:

• enhance the status and prevent further deterioration of aquatic ecosystems and associated wetlands which depend on the aquatic ecosystems

• promote the sustainable use of water • reduce pollution of water, especially by ‘priority’ and ‘priority hazardous’ substances • ensure progressive reduction of groundwater pollution

The proposal would not conflict with these regulations. Accessibility and Equalities Act 2010 Implications Policy D9 of the Waverley Borough Local Plan encourages and seeks provision for everyone, including people with disabilities, to new development involving buildings or spaces to which the public have access. Officers consider that the proposal complies with this policy. A full assessment against the relevant Building Regulations would be captured under a separate assessment should permission be granted. From the 1st October 2010, the Equality Act replaced most of the Disability Discrimination Act (DDA). The Equality Act 2010 aims to protect disabled people and prevent disability discrimination. Officers consider that the proposal would not discriminate against disability, with particular regard to access. It is considered that there would be no equalities impact arising from the proposal. Human Rights Implications The proposal would have no material impact on human rights. Environmental Impact Regulations 2011 The proposal is considered not to be EIA development under either Schedule 1 or 2 of the EIA Impact Regulations 2011 or a variation/amendment of a previous EIA development nor taken in conjunction with other development that is likely to have a significant environmental effect. Article 2(3) Development Management Procedure (Amendment) Order 2012 Working in a positive/proactive manner In assessing this application, officers have worked with the applicant in a positive and proactive manner consistent with the requirements of paragraphs 186-187 of the NPPF. This included the following:-

• Provided or made available pre application advice to seek to resolve problems before the application was submitted and to foster the delivery of sustainable development.

Conclusion/ planning judgement The proposal would not amount to inappropriate development in the Green Belt. Planning application WA/2014/1197 was not refused for any conflict with Policy IC2. In that assessment the Council concluded that taking into account the Government’s prior approval provisions, which support a change from Class B1a to Class C3 (residential) and the provision of much needed housing, the principle would be acceptable. Therefore, it is concluded that taking into account the benefit of the proposed development and the current government guidance regarding loss of commercial land, a refusal based on Policy IC2 would not be justified. It is considered that the proposal has overcome the Council’s objection to the previous scheme relating to a sub-standard residential environment for future occupants.

The proposal has marginally improved the parking layout to the extent, that, on balance, Officers do not recommend refusal on this basis. Subject to the receipt of a suitable legal agreement, the proposal would sufficiently mitigate for its impact on local infrastructure. The proposal is considered to be acceptable in planning terms.

Recommendation A

That, subject to the receipt of a suitable completed legal agreement relating to PIC by 20/12/2014, permission be GRANTED, subject to the following conditions:

1. Condition No development shall take place until samples of the materials to be used in the

construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reason In the interest of the amenities of the area, in accordance with Policies D1 and D4 of the

Waverley Borough Local Plan 2002. 2. Condition No development shall take place until samples of the materials to be used in the

construction of the hard surface areas of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.


Waverley Borough Local Plan 2002. 3. Condition Notwithstanding the provisions of the Town and Country Planning (General Permitted

Development) Order 1995 (or any other order revoking or re-enacting that Order with or without modification), no enlargement (to any of the dwelling house(s) hereby permitted shall be constructed, without the written permission of the Local Planning Authority.


Waverley Borough Local Plan 2002. 4. Condition Notwithstanding the provisions of the Town and Country Planning (General Permitted

Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no windows/dormer windows or other openings other than those expressly authorised by this permission shall be constructed in the northwest or southwest facing elevations at first floor level or above without the written permission of the Local Planning Authority.

Reason

To prevent the overlooking of the neighbouring properties and to accord with Policies D1 and D4 of the Waverley Borough Local Plan 2002.

5. Condition Before any work on site begins, cross sections/details indicating the proposed finished

ground levels surrounding the building and finished floor levels shall be approved in writing by the Local Planning Authority. The works shall be carried out in strict accordance with the approved details.


Waverley Borough Local Plan 2002. 6. Condition No development shall take place until a detailed landscaping scheme has been

submitted to and approved by the Local Planning Authority in writing. The landscaping scheme shall be carried out strictly in accordance with the agreed details and shall be carried out within the first planting season after commencement of the development or as otherwise agreed in writing with the Local Planning Authority. The landscaping shall be maintained to the satisfaction of the Local Planning Authority for a period of 5 years after planting, such maintenance to include the replacement of any trees and shrubs that die or have otherwise become, in the opinion of the Local Planning Authority, seriously damaged or defective. Such replacements to be of same species and size as those originally planted.


Waverley Borough Local Plan 2002. 7. Condition The proposed window in the first floor of the southwest facing elevation shall be glazed

with obscure glazing to the extent that intervisibility is excluded and shall be retained. Reason To prevent the overlooking of the neighbouring properties and to accord with Policies D1

and D4 of the Waverley Borough Local Plan 2002. 8. Condition No development shall take place until details of all proposed screen walls or fences, or

other means of enclosure, have been submitted to and approved by the Local Planning Authority in writing and such walls or fences or means of enclosure as may be approved by the Local Planning Authority shall be erected within a period of two months from the date of the first occupation of any part of the approved development, and thereafter be maintained.


Waverley Borough Local Plan 2002. 9. Condition

Construction works pursuant to this planning permission shall not take place other than between the hours of 08.00am and 18.00pm Mondays to Fridays and between 08.00am and 13:00pm on Saturdays. No works shall take place on Sundays or Bank Holidays.

Reason Having regard to the residential amenity of nearby occupiers and to accord with Policies

D1 and D4 of the Waverley Borough Local Plan 2002. 10. Condition Prior to the first occupation of the development hereby permitted. The proposed refuse

stores, shown on plan number 1332-P004-F, shall be provided and made available for future occupiers. The bin storage areas shall be retained thereafter unless first agreed in writing by the Local Planning Authority.


Waverley Borough Local Plan 2002. 11. Condition No development shall take place, including any works of demolition, until a Construction

Environmental Management Plan has been submitted to and approved in writing by the Local Planning Authority. The approved Plan shall be adhered to throughout the construction period. The Plan shall provide for:

• An indicative programme for the carrying out of the works.

• Measures to minimise the noise (including vibration) generated by the construction process to include proposed method of piling for foundations, the careful selection of plant and machinery and use of noise mitigation barrier(s).

• Details of any floodlighting, including location, height, type and direction of light sources and intensity of illumination.

• The parking of vehicles of site operatives and visitors.

• Loading and unloading of plant and materials.

• Storage of plant and materials used in constructing the development.

• The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate.

• Wheel washing facilities.

• Measures to control the emission of dust and dirt during construction.

• A scheme for recycling/disposing of waste resulting from demolition and construction works.


Waverley Borough Local Plan 2002. 12. Condition Prior to the commencement of development, a site management plan for the suppression

of mud, grit, dust and other emissions during the construction phase shall be submitted to and approved in writing by the Local Planning Authority. Emissions generation activities shall be controlled and minimised through use of mitigation Practice Guidance, such as

Mayor of London, London Councils Best Practice Guidance, "The control of dust and emissions from construction and demolition" 2006, and other similar guidance.


Waverley Borough Local Plan 2002. 13. Condition An investigation and risk assessment, in addition to any assessment provided with the

planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

(i) A survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to:

• human health,

• property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

• adjoining land,

• groundwaters and surface waters,

• ecological systems,

• archaeological sites and ancient monuments; (iii) An appraisal of remedial options, and proposal of the preferred option(s). This must be conducted in accordance with DEFRA and the Environment Agency's

'Model Procedures for the Management of Land Contamination, CLR 11'. Reason To ensure that risks from land contamination to the future users of the land and

neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy D1 of the Waverley Borough Local Plan 2002.

14. Condition A detailed remediation scheme to bring the site to a condition suitable for the intended

use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

Reason To ensure that risks from land contamination to the future users of the land and


15. Condition The approved remediation scheme must be carried out in accordance with its terms prior

to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

Following completion of measures identified in the approved remediation scheme, a

verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.

Reason To ensure that risks from land contamination to the future users of the land and


16. Condition In the event that contamination is found at any time when carrying out the approved

development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of Condition 13, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements on Condition 14, which is subject to the approval in writing of the Local Planning Authority.

Following completion of measures identified in the approved remediation scheme a

verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with Condition 15.

Reason To ensure that the development adequately deals with any contaminated land or water

found during the development in accordance with Policy D1 of the Waverley Borough Local Plan 2002.

18. Condition No new development shall be occupied until space has been laid out within the site in

accordance with the approved plans for cars to be parked. The parking area shall be used and retained exclusively for its designated use.

Reason In order that the development should not prejudice highway safety, the free flow of traffic

nor cause inconvenience to other highway users in accordance with Policies M2 and M14 of the Waverley Borough Local Plan 2002.

19. Condition No new development shall be occupied until space has been laid out within the site in

accordance with the approved plans to provide secure cycle parking and shall thereafter be permanently maintained.

Reason The above condition is required in recognition of National Planning Policy Framework

2012. 20. Condition The plan numbers to which this permission relates are 2014/2282/001 Rev A (amended

plan received 31/10/2014), 1332-P001-A, 1332-P002-E, 1332-P006-F, 1332-P004-F, 1332-P201-B, 1332-P301-D and 1332-P302-E. The development shall be carried out in accordance with the approved plans. No material variation from these plans shall take place unless otherwise first agreed in writing with the Local Planning Authority.

Reason In order that the development hereby permitted shall be fully implemented in complete

accordance with the approved plans and to accord with Policies D1 and D4 of the Waverley Borough Local Plan 2002. Informatives

1. ''IMPORTANT'' This planning permission contains certain conditions precedent that state 'before development commences' or 'prior to commencement of any development' (or similar). As a result these must be discharged prior to ANY development activity taking place on site. Commencement of development without having complied with these conditions will make any development unauthorised and possibly subject to enforcement action such as a Stop Notice. If the conditions have not been subsequently satisfactorily discharged within the time allowed to implement the permission then the development will remain unauthorised.

2. The applicant is reminded that it is an offence to disturb protected species under the Wildlife and Countryside Act 1981. Should a protected species be found during the course of the works, the applicant should stop work and contact Natural England for further advice on 0845 600 3078.

3. The applicant's attention is drawn to the requirements of the Environmental Protection Act 1990 and the Clean Air Act 1993 with regard to burning on site. A Statutory Nuisance may be caused by smoke and ash from fires or noise from the cutting or chipping trees. In addition, air quality could be adversely affected on large projects. The granting of this planning permission does not permit a statutory nuisance to be caused and advice should be sought from the Environmental Protection team or the Waverley Website prior to the commencement of works. The Environment Agency should also be

contacted regarding Exemption Permits to burn on site.

4. There is a fee for requests to discharge a condition on a planning consent. The fee payable is £97.00 or a reduced rate of £28.00 for household applications. The fee is charged per written request not per condition to be discharged. A Conditions Discharge form is available and can be downloaded from our web site. Please note that the fee is refundable if the Local Planning Authority concerned has failed to discharge the condition by 12 weeks after receipt of the required information.

5. The Local Planning Authority shall be informed, in writing (for the attention of the Planning Obligations Officer), of the proposed commencement date of development a minimum of 14 days prior to that commencement date, in accordance with Section 4.1.2 of the Unilateral Undertaking.

6. The applicant is advised that payment of the Planning Infrastructure Contribution within 28 days of commencement of work should be marked for the attention of the Planning Obligations Officer (cheques should be make payable to Waverley Borough Council), in accordance with Section 6.1 of the Unilateral Undertaking.

Please note that this is a requirement of the agreement and no invoice will be sent at this stage.

7. The Council confirms that in assessing this planning application it has worked with the applicant in a positive and proactive way, in line with the requirements of paragraph 186-187 of the National Planning Policy Framework 2012.

8. This permission creates one or more new units which will require a correct postal

address. Please contact the Street Naming & Numbering Officer at Waverley Borough Council, The Burys, Godalming, Surrey GU7 1HR, telephone 01483 523029 or e-mail [email protected]

For further information please see the Guide to Street and Property Naming on

Waverley's website. 9. The planning permission hereby granted followed the completion of a related Planning

Obligation (either a Unilateral Undertaking or a Legal Agreement) under S.106 of the Town and Country Planning Act (as amended).

10. The applicant is advised that appropriate sound insulation may be required to separate

any intended space for residential use from the business within the building. This should aim to protect the amenity of residents from any fugitive emissions of odour or noise.

11. Should any complaints be received by the Council's Environmental Health Service, in relation to noise or odour, these would be investigated under Part 3 of the Environmental Protection Act 1990.

12. Recent legal changes under The Water Industry (Scheme for the Adoption of private

sewers) Regulations 2011 mean that the sections of pipes you share with your neighbours, or are situated outside of your property boundary which connect to a public

sewer are likely to have transferred to Thames Water’s ownership. Should your proposed building work fall within 3 metres of these pipes we recommend you contact Thames Water to discuss their status in more detail and to determine if a building over/near to agreement is required. You can contact Thames Water on 0845 850 2777 or for more information please visit our website at www.thameswater.co.uk

13. Surface Water Drainage – With regard to surface water drainage it is the responsibility of the developer to make provision for drainage to ground, water courses or suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separated and combined at the final manhole nearest the boundary. Connections are not permitted for the removal of Ground Water. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. They can be contacted on 0845 850 2777.

14. Thames Water will aim to provide customers with a minimum pressure of 10m head

(approx 1 bar) and a flow rate of 9 litres/minute at the point where it leaves Thames Waters pipes. The developer should take account of this minimum pressure in the design of the proposed development. Recommendation B

In the event that the requirements of Recommendation A are not met, that permission be REFUSED for the following reason:

1. Reason The application fails to comply with the Waverley Borough Council Infrastructure Contribution SPD (April 2008) and therefore the proposal conflicts with Policies D13 and D14 of the Waverley Borough Council Local Plan 2002 Informative

1. The plan numbers relevant to this decision are 1332-P001-A, 1332-P002-E, 1332-P006-F, 1332-P008-B, 1332-P201-B, 1332-P301-D and 1332-P302-E.

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Transcript of B2 WA/2014/1737 Erection of 2 semi-detached … WA2014-1737... · Ward : Milford Case Officer: Mr T...