Report To West Area Planning Sub-Committee – List A – Applications For Decision

Application No: 2014/4903 Application Type: FULL

Case Officer: Rachael Ashworth

Ward: Cobham Fairmile

Expiry Date: 17/02/2015

Location: 19 Eaton Park Cobham Surrey KT11 2JF

Proposal: 3 detached two storey houses with rooms in the roof space, dormer windows, rear balconies, basement to Plot 3, attached garages and new access following demolition of existing house

Applicant: Halebourne Developments Ltd

Agent:

Mrs Ellen Cullen Garland Group Limited 1A High Street Cobham Surrey KT11 3DH

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

Recommendation: Permit

Representations: 13 letters of objections and 2 letters of comment have been received raising the following concerns:

- Overdevelopment - Out of character - Dwellings too high - Projection beyond building line and too close site boundaries - Potential loss of privacy - Rear balconies may lead to overlooking - Screening should be retained - Neighbouring properties devalued - Impact on road surface from construction vehicles - No site notice

***This application qualifies for public speaking***

R e p o r t

Description

1. The application site comprises a large detached dwellinghouse on an exceptionally large and

spacious plot with a generous side/ rear garden, located on the northern side of Eaton Park, a private residential road. The slopes upwards to the west.

2. The site is located within sub area COS08: Fairmile, as identified with the Design and

Character SPD. The general vernacular of the locality comprises of large detached two storey dwellinghouses sited on good sized plot with spacious frontage and mature evergreen boundaries.

Constraints

3. The relevant planning constraints are:

Thames Basin Health Special Protection Area

Tree preservation orders within close proximity of site Policy

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

Core Strategy 2011 CS2- Housing provision, location and distribution CS10- Cobham, Oxshott, Stoke D’ Abernon and Downside CS13- Thames Basin Heaths Special Protection Area CS21- Affordable Housing Replacement Elmbridge Borough Local Plan 2000 ENV2- Standard of Design ENV12- Retention of Trees on Development Sites HSG16- Design and Layout of Residential Development HSG19- Garaging and Car Parking

Design & Character SPD 2012 The Character of Elmbridge (An overview) Companion Guide Cobham, Stoke D’ Abernon, Oxshott and Downside Companion Guide Developer Contributions SPD 2012 CIL Affordable Housing Thames Basin Health Special Protection Area

Relevant Planning History

5. None

Proposal

6. Planning permission is sought for the erection of 3 x detached two storey houses with rooms

in the roof space, dormer windows, rear balconies, basement to Plot 3, attached garages and new access following demolition of existing house.

7. It should be noted that during the determination of the application Plots 1 and 2 were

amended and the distance from the front garages to the front boundary increased. Neighbours were re-consulted for a further 14 days and any representations received will be given as a verbal update.

Consultations

8. Tree Officer – No objection subject to the imposition of conditions

9. Surrey County Council (Transportation) – Based upon the information supplied the Highway Authority has assessed the impact of the proposal on highway safety and capacity and raised no objections. The development is considered to be in accordance with saved policies MOV4 of the Replacement Elmbridge Borough Local Plan 2000.

Positive and Proactive Engagement

10. In assessing this application, officers have worked with the applicant in a positive and proactive manner consistent with the requirements of 186-187 of the NPPF by making available pre-application advice to seek to resolve problems before the application was submitted and to foster the delivery of sustainable development.

11. Pre-application advice was sought (2014/3646/NEW) and the applicant was advised that

subject to revisions to the layout that the principle of the development would be considered acceptable.

Planning Considerations

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

Design of proposal and its impact on the character of the area and the street scene

The impact on the amenity of neighbouring properties

Suitable living conditions for future occupants

Access and parking

Trees, landscape and ecology

Financial considerations

Design of proposal and its impact on the character of the area and the street scene

13. It is considered that the proposed three plots would be of a size and frontage that would be similar to that of the surrounding dwellings and those within the wider locality. Appropriate gaps (arranging from 3.8m to 5.8m) between the dwellings and the common site boundaries would be provided to ensure that the spacious character of the street scene is preserved and that the new dwellings would not appear cramped or over-sized.

14. The scale and design of the new dwellings, including the provision of second floor

accommodation within the roof space would be compatible with the surrounding properties. It is noted that the choice of flat crown roof profiles results in a notable mass and volume to the new dwellings. It is considered that the proposed ridge heights (10.3m, 10.5m and 10.7m respectively) would not be excessive and the new dwellings would be sited sufficiently within the plot as not to appear overtly prominent or intrusive. There are a number of similar roof profiles within the vicinity.

15. The proposed link-attached garages would project forward of the core building line of Plots 1

& 2. Whilst this would not strictly accord with the requirements of HSG19, there are a number of examples along Eaton Park (including the adjacent dwellings) of similar garages. As such, their inclusion mirrors that of a now established feature within the street scene. The distances from the garages to the front boundary of these plots has been increased to 4.9m and 6.1m respectively, and with a depth of circa.16m, this is considered sufficient to ensure that an open and spacious frontage would be provided.

The impact on the amenity of neighbouring properties

16. The new dwellings would not breach the appropriate 45 degree sightlines from each new plot

or from the existing flank neighbouring dwellings. As such, the proposal would not lead to an adverse impact on the amount of daylight and sunlight received by habitable rooms. Furthermore, the development would not appear visually intrusive or overbearing to neighbouring and future occupants.

17. The proposed flank windows at first floor level would serve non habitable rooms, the flank

roof lights would be for additional light. The inclusion of these windows are considered acceptable subject to a condition requiring them to be obscurely glazed and non-opening to a height of 1.7m above finished floor level.

18. The ‘back to back’ distance from the new dwellings and Nos.14, 14a and 16 Fairmile Avenue

would be well in excess of the standard 22m to prevent any direct overlooking. Similarly, the rear balconies would be a sufficient distance from these neighbouring dwellings and their private gardens.

Suitable living conditions for future occupants

19. Sufficient private amenity space, would be provided for the enjoyment of future occupants that would be commensurable to the sized of the dwellings.

Access and parking

20. It is considered that proposed vehicular accesses would be sufficient so as not to prejudice

highway safety and that adequate on-site parking would be provided at each plot.

21. Eaton Park is a private residential road and as such any damaged caused to the road from construction vehicles would be a civil matter between the owners of the road.

Trees, landscaping and ecology

22. The application has been supported by a tree survey, bat survey and a phase 1 ecological survey. This work concluded that there was no evidence of any protected species of plants or animals or their potential habitats on site and that no further mitigation work or surveys are required. The Council’s Tree Officer has raised no objection to the proposal subject to the imposition of tree protection conditions.

23. A landscaping plan has been provided which includes the retention of the majority of the

mature site boundary treatment. This would assist in preserving the rural character of the locality.

Financial considerations

24. Section 70 subsection 2 of the Town and Country Planning Act 1990 (as amended) states that any local financial considerations are a matter to which local planning authorities must have regard to in determining planning applications; as far as they are material for the application. The weight to be attached to these considerations is a matter for the Council.

25. The New Homes Bonus is a grant paid by central government to local councils for increasing

the number of homes and their use. The New Homes Bonus is paid each year for 6 years. It is based on the amount of extra Council Tax revenue raised for new-build homes, conversions and long-term empty homes brought back into use. There is also an extra payment for providing affordable homes.

26. In the 2014-15 allocation, the Council received £2.07m through the New Homes Bonus. The

Council’s New Homes Bonus allocation for 2015-16 is £2.45m.

27. 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 is capable of being a material consideration where relevant. In the current case, the approval of the application would mean that the New Homes Bonus would be payable for the net increase in dwellings from this development.

28. Policy CS21: Affordable Housing of the Council’s Core Strategy (2011) requires that

development resulting in three new dwellings should provide a financial contribution equivalent to the cost of 20% of the gross number of dwellings on site as Affordable Housing.

29. However, on 28 November 2014 the Minister for housing and planning set out changes to the

way planning contributions for affordable housing should be collected. This statement set out that contributions should not be sought from developments of 10-units or less, and which have a maximum combined gross floorspace of no more than 1000 sqm. The detail supporting this statement was then established in the National Planning Practice Guidance paragraphs 13 to 23. The Council recognises that ministerial statements are a material consideration with regard to the granting of planning permission and is therefore applying the Government's new policy to all decisions determined on or after 1 December 2014.

30. In this case, the combined gross floor area of the development exceeds 1000 sqm and as such affordable housing contributions remain payable, the amount being £156,478.42. Contributions of £2,924 are also required towards mitigation for the Thames Basin Heaths SPA. A Unilateral Undertaking will be submitted in advance of the Sub Committee meeting to secure these contributions.

31. The development is also liable for CIL. It is estimated that 2,567 sqm of new floor space will

require a contribution of £178,896.43.

Matters Raised in Representations

32. Property values are not a material planning consideration and cannot be taken into account.

33. A total of 3 site notices were displayed at the application site. The Council cannot prevent their removal and has fulfilled its duty to advertise the application.

Conclusion

34. On the basis of the above, and in light of any other material considerations, the proposal is

considered to in accordance with the development plan. Accordingly, the recommendation is to grant permission

Case Officer Checklist

Neighbour Notifications 26.03.2015

Consultations 26.03.2015

Drawings 26.03.2015

Site Visit Notes 26.03.2015

Recommendation: Grant Permission

Conditions/Reasons 1 TIME LIMIT (FULL APPLICATION)

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

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

2 LIST OF APPROVED PLANS

The development hereby permitted shall be carried out in strict accordance with the following list of approved plans: 14-P1058-101, 14-P1058-102, 14-P1058-103, 14-P1058-104, 14-P1058-106, 14-P1058-105, 14-P1058-LP100 received on 15th December 2014 and 14-1058-100 rev B received 5th March 2015.

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

3 MATERIALS SAMPLES

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

Reason: To ensure that a satisfactory external appearance is achieved of the development in accordance with saved Policy ENV2 of the Replacement Elmbridge Borough Local Plan 2000.

4 OBSCURE GLAZING

The first floor and above windows on the side elevations of Plots 1, 2 & 3 hereby permitted shall be glazed with obscure glass and fitted with non-opening principal lights, and subsequently maintained in this form. Such glass shall be sufficiently obscure to prevent loss of privacy. The affixing of an obscure film will not be sufficient.

Reason: To preserve the reasonable privacy of neighbouring residents in accordance with saved Policies HSG16 and HSG20 of the Replacement Elmbridge Borough Local Plan 2000.

5 TREE PROTECTION

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

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

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

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

d) any arboricultural protection information and plans submitted as part of the application, and listed in the approved plans condition, shall be implemented and adhered to at all times during the construction process unless otherwise agreed in writing with the Borough Council. This shall include any requirement for arboricultural supervision and site monitoring.

Reason: This permission is only granted on the basis that the trees would remain on site to mitigate the impact of the development and to preserve and enhance the visual amenities of the locality in accordance with Policy ENV12 of the Replacement Elmbridge Borough Local Plan 2000.

6 TREE PROTECTION AND PRE-COMMENCEMENT INSPECTION

NO DEVELOPMENT SHALL TAKE PLACE UNTIL TREE PROTECTION MEASURES ARE INSTALLED AND ANY FURTHER INFORMATION PROVIDED IN ACCORDANCE WITH THE SUBMITTED ARBORICULTURAL INFORMATION. THE APPLICANT SHALL ARRANGE A PRE-COMMENCEMENT MEETING AFTER THE INSTALLATION OF THE TREE PROTECTION BETWEEN THE BOROUGH COUNCIL AND THE APPLICANT'S PROJECT ARBORICULTURIST TO ALLOW INSPECTION AND VERIFICATION OF THE PROTECTION MEASURES.

Reason: This permission is granted on the basis that the trees would remain on site to mitigate the impact of the development and to preserve and enhance the visual amenities of the locality in accordance with Policy ENV12 of the Replacement Elmbridge Borough Local Plan 2000.

7 PARKING AND TURNING (a) The development hereby approved shall not be first occupied unless and until space has been

laid out within the site in accordance with [the approved plans for vehicles to be parked and for vehicles to turn so that they may enter and leave the site in forward gear. Thereafter the parking and turning areas shall be retained and maintained for their designated purpose.

(b) The existing vehicle parking and turning area at Plots 1, 2 & 3 shown on the application drawings shall be permanently retained and maintained for their designated purpose.

Reason: The above condition is required in order that the development should not prejudice highway safety nor cause inconvenience to other highway users.

Informatives 1 COMMUNITY INFRASTRUCTURE LEVY

The development permitted is subject to a Community Infrastructure Levy (CIL) liability for which a Liability Notice will be issued as soon as practical after the day on which planning permission first permits development.

To avoid breaching the CIL regulations and the potential financial penalties involved, it is essential a prior commencement notice be submitted. A blank commencement notice can be downloaded from http://www.planningportal.gov.uk/uploads/1app/forms/form_6_commencement_notice.pdf. For the avoidance of doubt commencement of demolition of existing structure(s) covering any part of the footprint of the proposed structure(s) would be considered as commencement for the purpose of the CIL regulations.