16 May 2017 PLANNING COMMITTEE. 5i 16/1244 Reg d: Expires: Ward: HE. of Weeks on Cttee Day:
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1 5i 16/1244 Reg d: Expires: Ward: HE Nei. Con. Exp: BVPI Target Minor Number of Weeks on Cttee Day: 24/8 On Target? No LOCATION: PROPOSAL: TYPE: Belfairs, Pond Road, Woking, Surrey, GU22 0JT Erection of a two-storey, five bedroom, replacement dwelling and detached garage following demolition of an existing bungalow (amended plans). Full APPLICANT: Mr JK Wilson OFFICER: Tanveer Rahman REASON FOR REFERRAL TO COMMITTEE The proposal is for a replacement dwelling which falls outside the scope of delegated powers as set out by the Management Arrangements and Scheme of Delegation. PLANNING STATUS Urban Area Tree Preservation Order Hook Heath Neighbourhood Plan Area Thames Basin Heaths SPA Zone B (400m-5km) RECOMMENDATION Grant planning permission subject to conditions. SITE DESCRIPTION The application site is occupied by a bungalow with an attached garage. It is set back from the street by a paved driveway and front garden area which is bounded by hedging. The property has a large rear garden which is bounded from neighbouring properties by trees and other vegetation. The site is covered by an area TPO. PLANNING HISTORY PLAN/2016/0730: Proposed erection of 2x detached two storey dwellings (4x bed) and associated parking and landscaping following demolition of existing dwelling - permitted /0408: Single-storey rear extension - permitted /0009: Alteration to double garage - permitted : Erection of bungalow garage - refused
2 : Detached building - permitted : Double garage outline - permitted : Double garage outline - permitted : Detached bungalow shelter - permitted : Parking of caravan - permitted : Detached bungalow garage outline - permitted : Erection of 2 houses - permitted : 2 additional houses - permitted PROPOSED DEVELOPMENT (Case Officer s note: Following comments from the Case Officer the agent submitted an amended scheme on This section describes the amended scheme and it is this scheme that will be assessed in this application) The proposal is for the erection of a two-storey replacement dwelling following demolition of the existing bungalow on the site. It also proposes to erect a detached garage at the front of the application site and alter the existing driveway and front garden area. The only change between the original and the amended scheme is that the house has been moved northwards away from the boundary with Heatherside. Current site density (dwellings/hectare) Proposed site density (dwellings/hectare) CONSULTATIONS (Initial scheme) Hook Heath Neighbourhood Forum - no comments received. (Amended scheme) Hook Heath Neighbourhood Forum - no comments received. County Highway Authority (SCC): The site is located on Pond Road, a private road outside of the jurisdiction of the County Highway Authority, therefore it has been assessed at the point at which the public highway is joined: the junction with Holly Bank Road/Hook Heath Road. The replacement dwelling is unlikely to have a significant or severe impact at this point in comparison to the existing land use, and therefore the CHA raises no objections on highway safety or capacity grounds. LPA Senior Aboricultural Officer - no objection subject to condition. 139
3 REPRESENTATIONS (Initial scheme) Four letters of objection were received including one form the Hook Heath residents Association which made the following main statements: The proposal should not be built so close to an objector s boundary but should be moved at least 1m away. The proposal is contrary to policies in the Woking Core Strategy (2012) and the Hook Heath Neighbourhood Plan (2015) as it would have an unacceptable impact on sunlight/daylight levels, create unacceptable overlooking issues and appear unacceptably overbearing towards the objector s property. An objector questioned whether the proposal is in accordance with the Council s parking standards. The proposal would have a dominant front elevation which would be out of keeping with others on Pond Road. The windows in the front elevation would create unacceptable overlooking issues towards an objector s garden. An amended scheme should not be moved closer to one of the objector s property. The area is covered by a TPO and if permission is granted a condition to protect these trees should be added. The proposed garage should be set back as its location is out of character with the street. Boundary screening should be maintained to minimise the visual impact of the proposal. (Amended scheme) Two letters of objection were received which made the following main statements: The amended scheme is too close to the objector s property and would have a visual impact from their upstairs windows. The plot is too narrow for a two-storey dwelling. An objector requested that boundary hedging between their property and the application site should be limited to 6-7 feet RELEVANT PLANNING POLICIES National Planning Policy Framework (2012): Section 7 - Requiring Good Design Woking Core Strategy (2012): CS1 - A Spatial Strategy for Woking CS8 - Thames Basin Heaths Special Protection Area CS10 - Housing provisions and distribution CS12 - Affordable housing CS16 - Infrastructure Delivery CS18 - Transport and Accessibility CS21 - Design CS22 - Sustainable Construction CS24 - Woking s Landscape and Townscape 140
4 Development Management Policies Development Management Document (2016): DM2 - Trees and landscaping DM12 - Custom Build Dwellings Supplementary Planning Documents: Outlook, Amenity, Privacy and Daylight (2008) Parking Standards (2006) Woking Design SPD (2015) Hook Heath Neighbourhood Plan (2015): BE1: Design of New Developments BE2: Off-road Parking OS1: Amenity Value PLANNING ISSUES The proposal is for the erection of a replacement dwelling within the Urban Area which is acceptable in broad policy terms, but subject to the following considerations: Impact on Character: 1. Pond Road is a residential street with a verdant character. It contains a mixture of traditional style two-storey dwellings and bungalows set within spacious plots. The neighbour to the north west (Hollands) is a two-storey property and the neighbour to south east (Heatherside) is a bungalow. The property immediately opposite (Cranford) is also a two-storey dwelling as are a number of others in the immediate vicinity. The principle of a replacement two-storey dwelling is therefore considered acceptable subject to the detailed considerations set out below. 2. It is noted that Overdale which is located at the junction of Pond Road and Hook Heath Road has a detached garage fronting onto Pond Road; as does Crossways Cottage which is further north of the application site. The principle of a detached garage at the front of the property is therefore considered acceptable subject to the detailed considerations set out below. 3. The proposed dwelling would have a height of 10m which would be 4.6m higher than the existing bungalow and 4m higher than Heatherside. This in itself is not considered to result in an unacceptable impact on the character of the area and is not considered to appear unduly high in comparison to neighbouring two-storey properties. 4. The proposed dwelling and detached garage would have smaller footprints than the existing dwelling and garage respectively. The proposed dwelling would be set back from the line of the existing house and would have a smaller depth. The proposed grain of development is not therefore considered unduly large or incongruous in appearance. 5. The dwelling would be positioned 5.9m from the boundary with Heatherside and between m from the side boundary with Hollands. The garage would be positioned between m from the side boundary with Hollands. Separation distances vary along Pond Road and the proposal is considered to result in an acceptable level of visual separation between dwellings which is consistent with the surrounding street scene and would not result in an unduly cramped appearance. 141
5 6. The proposed dwelling would be of a traditional design with a hipped roof and two two-storey front bay windows. Materials would include white painted brick and tiles to reflect the character of the area. It is considered that this would be visible within the street scene but would not be harmful to the character of the area. 7. Overall the proposal is considered to result in a visually acceptable replacement dwelling which would have an acceptable impact on the character of the surrounding area and accords with section 7 of the National Planning Policy Framework (2012), policy CS21 of the Woking Core Strategy (2012), policy DM12 of the Development Management Policies Development Management Document (2016), Woking Design SPD (2015) and policy BE1 of the Hook Heath Neighbourhood Plan (2015). Impact on trees 8. The submitted Aboricultural report Ref:02595Rv2 (received ) states that the proposal would involve the removal of the tree labelled T1 Apple, the removal of some existing hedging labelled H4 Holly, the infill of the redundant access point with new holly and potentially the cutting back of some branches of the tree labelled T3 Cherry. 9. The LPA s Senior Aboricultural Officer has raised no objection to the works proposed in this report subject to condition. Impact on neighbours: 10. The neighbours whose sunlight/daylight levels are potentially most affected by the proposal are Heatherside and Hollands. The proposal would pass the 25 test as set out in Outlook, Amenity, Privacy and Daylight (2008) towards the windows in the side (north west) elevation of Heatherside and it is considered that the proposal would be too far from the rear windows of Hollands to impact their sunlight/daylight levels. It is therefore considered that the proposal would have an acceptable on the sunlight/daylight levels received by neighbouring properties. 11. No windows are proposed in the side elevations of the proposal and therefore the properties who are potentially most affected by overlooking would be Cranford to the north east and Tall Trees to the south west. In order to prevent overlooking issues Outlook, Amenity, Privacy and Daylight (2008) recommends a minimum 15m separation distance between first floor front elevation windows and a flank boundary. It also recommends a minimum 30m separation distance between first floor rear window and a rear boundary. The proposed first floor windows in the front elevation would be more than 30m from the side boundary with Cranford. The proposed first floor rear windows would be more than 30m from the property s rear boundary. The proposal exceeds Council s guidelines and it is therefore considered that the proposal would not create unacceptable overlooking issues towards neighbouring properties. 12. The neighbours who are potentially most affected by overbearing would be Heatherside and Hollands. The proposed dwelling would have a depth of 12.49m and would be 5.9m from Heatherside and would not be in line with what is considered to be its main area of private amenity space. For these reasons it is considered that it would not appear overbearing towards Heatherside. The proposed dwelling would be between m from the boundary with Hollands and would be in line with the rear of its relatively wide and deep garden. It is considered that this combination of factors would not create an unacceptable overbearing impact towards Hollands. The 142
6 proposed garage would have a depth of 6.205m, would be positioned between m from the boundary with Hollands and would only be in line with the north east corner of its garden. It is considered that this combination of factors would not create an unacceptable overbearing impact towards Hollands either. 13. Overall the proposal is considered to have an acceptable impact on neighbours in terms of loss of light, overlooking and overbearing impact. It is therefore considered to accord with section 7 of the National Planning Policy Framework (2012), policy CS21 of the Woking Core Strategy (2012), policy DM12 of the Development Management Policies Development Management Document (2016), Woking Design SPD (2015) and policy BE1 of the Hook Heath Neighbourhood Plan (2015). Quality of accommodation and private amenity space 14. The proposed dwelling is considered to achieve an acceptable size and standard of accommodation with good quality outlooks to habitable rooms. 15. The proposed house and detached garage would have a gross floor area of approximately 370sqm and the area of garden space which would wrap around its rear and side elevation would be approximately 830sqm. This would far exceed guidelines for acceptable levels of private amenity contained in Outlook, Amenity, Privacy and Daylight (2008) and for this reason it is considered that the property would be left with acceptable levels of private amenity space. Impact on car parking provision & highway safety 16. The proposed dwelling features a driveway and double garage which would provide sufficient space for two cars in accordance with guidelines contained in Woking Council s SPD Parking Standards (2006). Furthermore, the County Highway Authority (SCC) raises no objections or requirements for this application. 17. The proposal is therefore considered acceptable in terms of its impact on car parking and highway safety. Sustainability: 18. Planning policies relating to sustainable construction have been updated following the Government s withdrawal of the Code for Sustainable Homes. Therefore in applying policy CS22 of the Woking Core Strategy (2012), the approach has been amended and at present all new residential development shall be constructed to achieve a water consumption standard of no more than 105 litres per person per day indoor water consumption and not less than a 19% CO2 improvement over the 2013 Building Regulations TER Baseline (Domestic). A planning condition has been recommended to secure this. Affordable Housing 19. Policy CS12 of the Woking Core Strategy (2012) states that all new residential development will be expected to contribute towards the provision of affordable housing and that, on sites providing fewer than five new dwellings, the Council will require a financial contribution equivalent to the cost to the developer of providing 10% of the number of dwellings to be affordable on site. 20. However, following the Court of Appeal s judgment of 11th May 2016 (Secretary of State for Communities and Local Government v West Berkshire District Council and 143
7 Reading Borough Council [2016] EWCA Civ 441), wherein the Secretary of State for Communities and Local Government successfully appealed against the judgment of the High Court of 31st July 2015 (West Berkshire district Council and Reading Borough Council v Department for Communities and Local Government [2015] EWHC 2222 (Admin)), it is acknowledged that the policies within the Written Ministerial Statement of 28th November 2014, as to the specific circumstances where contributions for affordable housing and tariff-style planning obligations should not be sought from small scale and self build development, must once again be treated as a material consideration in development management decisions. 21. Additionally the Planning Practice Guidance (Paragraph Revision date: ) sets out that there are specific circumstances where contributions for affordable housing planning obligations should not be sought from small scale and self-build development. This follows the order of the Court of Appeal judgment dated 13th May 2016, which again gives legal effect to the policy set out in the Written Ministerial Statement of 28th November 2014 and should be taken into account. These circumstances include 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 1000sqm. 22. Whilst it is considered that weight should still be afforded to Policy CS12 (Affordable housing) of the Woking Core Strategy (2012) it is considered that greater weight should be afforded to the policies within the Written Ministerial Statement of 28th November 2014 and the Planning Practice Guidance (Paragraph Revision date: ). As the proposal represents a development of 10-units or less, and has a maximum combined gross floorspace of no more than 1000sqm, no affordable housing financial contribution is therefore sought from the application scheme. 23. The application does not result in the creation of more than 10 residential units and is therefore not required to make an affordable housing contribution. Local Finance Considerations: 24. The proposed development would lead to a net gain of 122.4sqm of residential gross internal area. Given the location of the development and the charge year index it would be liable to a contribution to the Community Infrastructure Levy (CIL) of 16, Whilst the application site is located within Zone B of the Thames Basin Heaths Special Protection Area, given that this is a proposed replacement dwelling, it would not result in additional pressure, or any consequent significant effect, upon the SPA and as such no mitigation is required in the form of the SPA monetary contribution. CONCLUSION Overall, the proposed replacement dwelling is considered to be visually acceptable and is considered to have an acceptable impact on the character of the surrounding area and on the amenities of neighbours. The proposal is considered acceptable in transportation terms and in terms of its potential impact on trees. The proposal therefore accords with section 7 of the National Planning Policy Framework (2012), policies CS1, CS8, CS10, CS12, CS16, CS18, CS21, CS22 and CS24 of the Woking Core Strategy (2012), policies DM2 and DM12 of the Development Management Policies Development Management Document (2016), Outlook, Amenity, Privacy and Daylight (2008), Parking Standards (2006), Woking Design SPD (2015) and policies BE1, BE2 and OS1 of the Hook Heath Neighbourhood Plan (2015) and is recommended for approval. 144
8 BACKGROUND PAPERS Site visit photographs ( ) Aboricultural report Ref:02595Rv2 (received ) RECOMMENDATION It is recommended that planning permission be GRANTED subject to the following conditions: 1. The development hereby permitted shall be commenced not later than three years from the date of this permission. To accord with the provisions of Section 91 (1) of The Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004). 2. The development hereby permitted shall be carried out in accordance with the approved drawings listed below: 1:1250 location plan Drwg no.pl-13d (received ) 1:200 proposed block plan Drwg no.pl-15b (received ) 1:50 proposed ground and first floor plans and 1:100 proposed roof plan Drwg no.pl-10d (received ) 1:50 proposed section Drwg no.pl-16a (received ) 1:50 proposed elevations Drwg no.pl-11d (received ) 1:50 proposed garage plans and elevations Drwg no.pl-14a (received ) For the avoidance of doubt and to ensure that the development is completed in accordance with the approved drawings. 3. Notwithstanding the material details given on the submitted application form, the development hereby permitted shall not commence until details and/or samples and a written specification of the materials to be used in the external elevations and hard surfaced areas have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter retained in accordance with the approved details unless otherwise agreed in writing by the local planning authority To protect the visual amenities of the area in accordance with the principles set out in paragraph 17 of the National Planning Policy Framework (2012) and Policy CS21 of the Woking Core Strategy (2012). 4. Protective measures shall be carried out in strict accordance with the Aboricultural report Ref:02595Rv2 (received ) including the convening of a precommencement meeting and arboricultural supervision as indicated. No works or 145
9 demolition shall take place until the tree protective measures have been implemented. Any deviation from the works prescribed or methods agreed in the report will require prior written approval from the Local Planning Authority. To ensure reasonable measures are taken to safeguard trees in the interest of local amenity and the enhancement of the development itself to comply with Policy CS21 of the Woking Core Strategy (2012). 5. The development hereby permitted shall not commence until a detailed landscaping scheme has been submitted to and approved in writing by the Local Planning Authority which specifies species, planting sizes, spaces and numbers of trees/ shrubs and hedges to be planted. All landscaping shall be carried out in accordance with the approved scheme in the first planting season (November-March) following the occupation of the buildings or the completion of the development (in that phase) whichever is the sooner and maintained thereafter. Any retained or newly planted trees, shrubs or hedges which die, become seriously damaged or diseased or are removed or destroyed within a period of 5 years from the date of planting shall be replaced during the next planting season with specimens of the same size and species unless otherwise agreed in writing by the Local Planning Authority. In the interests of amenity and biodiversity and to preserve and enhance the character and appearance of the locality in accordance with policy CS21 and CS24 of the Woking Core Strategy (2012). 6. Notwithstanding the provisions of Article 3 and Schedule 2, Part 1 and Classes A and B of The Town and Country Planning (General Permitted Development) Order 2015 (as amended), (or any orders amending or re-enacting that Order with or without modification) no extension or enlargement of the dwellinghouse hereby approved shall be carried out without planning permission being first obtained from the Local Planning Authority. The Local Planning Authority considers that further development could cause detriment to the amenities of nearby properties and the character of the area and for this reason would wish to control any future development in accordance with Policy CS21 of the Woking Core Strategy (2012) The development hereby permitted shall not commence until details have been submitted for the written approval of the Local Planning Authority demonstrating that the development will be constructed to achieve a water consumption standard of not more than 105 litres per person per day maximum indoor water consumption and not less than a 19% CO2 improvement over the 2013 Building Regulations TER Baseline (Domestic). Such details as may be approved shall be installed prior to the first occupation of the development and maintained and operated in perpetuity, unless otherwise agreed in writing by the Local Planning Authority. To ensure that the development achieves a high standard of sustainability and makes efficient use of resources and to comply with Policies CS21 and CS22 of the Woking Core Strategy (2012). 146
10 Informatives 1. Your attention is specifically drawn to the conditions above marked ++. These condition(s) require the submission of details, information, drawings, etc. to the Local Planning Authority PRIOR TO THE COMMENCEMENT OF ANY DEVELOPMENT ON THE SITE or, require works to be carried out PRIOR TO THE COMMENCEMENT OF THE USE. Failure to observe these requirements will result in a contravention of the terms of the permission and the Local Planning Authority may serve Breach of Condition Notices to secure compliance. You are advised that sufficient time needs to be given when submitting details in response to conditions, to allow the Authority to consider the details and discharge the condition. A period of between five and eight weeks should be allowed for. 2. 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 of the National Planning Policy Framework (2012). 147
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