27 september 2016 planning committee 5d 16/0748 reg’d: … · 27 september 2016 planning...

27 SEPTEMBER 2016 PLANNING COMMITTEE

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_________________________________________________________________________ REASON FOR REFERRAL TO COMMITTEE The application proposes the erection of new dwellings which falls outside the scheme of delegation. SUMMARY OF PROPOSED DEVELOPMENT The application seeks planning permission for the demolition of the existing building (use class B8) and the erection of five dwellings (2 bed) with associated landscaping and parking (use class C3). PLANNING STATUS

Urban Area

Thames Basin Heaths Special Protection Area (TBH SPA) Zone B (400m-5km) RECOMMENDATION Grant planning permission subject to recommended conditions and SAMM (SPA) contributions secured by way of Legal Agreement. SITE DESCRIPTION The application site is situated to the north of Berry’s Lane within the Byfleet area of the Borough and is laid almost entirely to hardstanding and existing built form. An area demarcated for car parking is situated to the southern part of the site with a brick built flat roofed building to the north of this and a dual-pitched attached building further north of this. A single storey monopitched projection occurs to the eastern side of the dual-pitched building. The site is bounded to the east and west by residential uses, with further residential uses occurring to the south on the opposing side of Berry’s Lane. The site is bounded to the north by the Byfleet Industrial Estate. The boundaries of the site are demarcated by a combination of brick walls and close-boarded timber fencing. An Oak tree exists to the north-eastern part of the site although is largely obscured from view from Berry’s Lane due to the siting and mass of existing built form.

5d 16/0748 Reg’d:

01.07.16 Expires: 29.09.16 Ward: BWB

Nei. Con. Exp:

03.07.15 BVPI Target

Other (19-27)

Number of Weeks on Cttee’ Day:

13/13 On Target?

Yes

LOCATION:

Land North of Berry’s Lane, Byfleet, KT14 7AU

PROPOSAL:

Demolition of the existing building (use class B8) and the erection of five dwellings (2 bed) with associated landscaping and parking (use class C3).

TYPE:

Full Application

APPLICANT:

RFT Limited

OFFICER:

Benjamin Bailey


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RELEVANT PLANNING HISTORY 76/1533 - The execution of site works and the erection of an extension to existing factory building to include offices, showroom, warehousing and ancillary accommodation (Total area 160 sq.m). Permitted subject to conditions (15.03.1977) 76/0640 - The execution of site works and the change of use of existing workshop/commercial garage to a sales distribution warehouse for motor spares. Permitted subject to conditions (27.07.1976) 14027 - The retention of an additional petrol pump and tank. Permitted subject to conditions (28.06.1961) 14021 - The use of land and buildings for car repairs. Permitted subject to conditions (28.06.1961) 12691 - The execution of site works and the erection of a detached building and its use as offices, workshop, oil store and lubrication bay. Permitted subject to conditions (11.02.1960) 12397 - The erection of a detached building and two petrol pumps and the use of the building as offices, workshop, oil store and lubrication bay. Permitted subject to conditions (12.11.1959) Relevant off-site planning history (western site): PLAN/2011/0959 - Demolition of car repair/breakers yard and factory and redevelopment with 10 x two bed terrace starter homes. Permitted subject to conditions and legal agreement (20.04.2012) CONSULTATIONS County Highway Authority (CHA): The CHA has undertaken an assessment in terms

of the likely net additional traffic generation, access arrangements and parking provision and are satisfied that the application would not have a material impact on the safety and operation of the adjoining public highway. The County Highway Authority therefore has no highway requirements.

Arboricultural Officer: No objection subject to condition 8. Scientific Officer: No objection subject to condition 7. Waste Services: No objection. Thames Water: With regard to sewerage infrastructure capacity,

we would not have any objection to the application. REPRESENTATIONS x3 Letters of objection have been received raising the following main points:

Impact upon car parking within the area

Overshowing and loss of light to Berry’s Lane houses

Feeling of being enclosed to Berry’s Lane houses


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Loss of outlook to Berry’s Lane houses

Issue of privacy and possible overlooking

Feel it would decrease the value of surrounding properties (Officer Note: Potential impact upon property values does not constitute a material planning consideration)

Will affect privacy of existing flats at Berry’s Court

Existing building has been out of use since before January 2016 and so don’t see how the new houses will reduce commercial noise and traffic in the area

(Officer Note: Although currently vacant the application premises benefits from a lawful class B8 use and this use could resume without further planning permission; this is therefore a material planning consideration).

It is a nice looking development but impractical for the area; 3 houses might be more practical instead of 5

(Officer Note: The application must be considered on its merits as submitted)

No.18 Berry’s Lane has not received anything through the post regarding this application

(Officer Note: This letter of representation has been received from No.18 Berry’s Lane and therefore the occupiers of this property are fully aware of the planning application. A neighbour notification letter was sent to No.18 Berry’s Lane on 05.07.2016 although the Council is unable to control these letters once they have been despatched. In addition the application has been advertised by way of general site notice for a period of 21 days which expired on 24.08.2016)

Loss of the current site car park that the existing building is on (Officer Note: The current car parking area on the site is private property and unauthorised parking likely constitutes trespass; although this is a civil matter the loss of parking on the current site for nearby residents use cannot be afforded weight as such car parking is likely unlawful and could be prevented by the site owner at any time).

RELEVANT PLANNING POLICIES National Planning Policy Framework 2012 (NPPF) Section 4 - Promoting sustainable transport Section 6 - Delivering a wide choice of high quality homes Section 7 - Requiring good design Section 10 - Meeting the challenge of climate change, flooding and coastal change Section 11 - Conserving and enhancing the natural environment Woking Local Plan 1999 (Saved policies) NE9 - Trees within Development Proposals HSG22 - Plot Subdivision, Infilling & Backland Development MV12 - Cycle Parking Standards Woking Core Strategy 2012 CS1 - A spatial strategy for Woking Borough CS8 - Thames Basin Heaths Special Protection Areas CS10 - Housing provision and distribution CS11 - Housing mix CS12 - Affordable housing CS15 - Sustainable economic development CS18 - Transport and accessibility CS21 - Design CS22 - Sustainable construction CS24 - Woking’s landscape and townscape


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CS25 - Presumption in favour of sustainable development Supplementary Planning Documents (SPD’s) Outlook, Amenity, Privacy and Daylight (2008) Design (2015) Parking Standards (2006) Climate Change (2013) Affordable Housing Delivery (2014) Supplementary Planning Guidance (SPG) Plot Subdivision: Infilling and Backland Development Other Material Considerations South East Plan (2009) (Saved policy) NRM6 - Thames Basin Heaths Special Protection Area Thames Basin Heaths Special Protection Area Avoidance Strategy National Planning Practice Guidance (NPPG) Written statement to Parliament - Planning update - 25th March 2015 Development Management Policies DPD (2015) DM2 - Trees and Landscaping DM8 - Land Contamination and Hazards The Development Management Policies DPD was submitted to the Secretary of State on 29th February, and subject to hearing on 10th May 2016, and is therefore now afforded significant weight in the determination of planning applications. Furthermore, an Inspector’s Report to the DMP DPD Examination was received by the Council on 1st August 2016 which concluded that, with the recommended main modifications, the Woking Development Management Policies DPD satisfies the requirements of Section 20(5) of the 2004 Act and meets the criteria for soundness in the National Planning Policy Framework. PLANNING ISSUES 1. The main issues to consider in determining this application are:

Principle of development

Design and impact upon the character of the area

Impact upon neighbouring amenity

Amenities of future occupiers

Impact upon trees

Highways and parking implications

Contaminated land

Thames Basin Heaths Special Protection Area (TBH SPA)

Sustainable construction

Affordable housing

Sustainable construction having regard to the relevant policies of the Development Plan, other relevant material planning considerations and national planning policy and guidance.

Principle of development 2. The National Planning Policy Framework (2012) and Policy CS25 of the Woking Core

Strategy (2012) promote a presumption in favour of sustainable development. The application site is Previously Developed Land (PDL) within a sustainable location within the defined Urban Area within the Byfleet area of the Borough.


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3. Policy CS10 identifies that the Council will make provision for an additional 4,964 net

additional dwellings in the Borough between 2010 and 2027. The justification text for Policy CS10 states that new residential development within the Urban Area will be provided through redevelopment, change of use, conversion and refurbishment of existing properties or through infilling.

4. Although adjacent to a designated Employment Area to the north the application site

is not within a designated Employment Area and was last within a lawful Class B8 (Storage and distribution) use. Policy CS15 of the Woking Core Strategy 2012 states that the Council will ‘permit the redevelopment of B use sites elsewhere in the borough for alternative uses that accord with other policies in the Core Strategy where (i) the existing use of the site causes harm to amenity and/or (ii) it can be demonstrated that the location is unsuitable for the needs of modern business’.

5. The site appears to have been in uses associated with the motor vehicle industry

since the early 1960s, firstly for motor vehicle repairs and servicing and most recently as a distribution warehouse for motor spares. The applicant states that the site has been vacant since January 2016 following the relocation of the previous occupier.

6. The applicant has submitted a commercial viability report prepared by a Fellow of the

Royal Institute of Chartered Surveyors. This report identifies that the property is now dated and does not meet modern day requirements for storage or manufacturing and that the property would require extensive work to bring it into a lettable state. The works which the property would require in order to make it lettable would still provide sub-standard accommodation and are unlikely to prove financially viable.

7. It is stated that there will be a limit to the number of tenants that would be attracted to

the building because access and egress is very restricted. Additionally as this is the only commercial unit in the road it is stated that prospective tenants would be wary of complaints from neighbouring residents in terms of noise (including reversing vehicle beepers and vehicle movements), vibration from machinery and odour (in the form of diesel fumes). The applicant states that the previous occupier (who distributed vehicle parts with light goods vans) relocated from the premises because of complaints from neighbouring residents as a result of night deliveries. The applicant further states that the previous occupier was occupying the premises rent-free and relocated nonetheless.

8. The report identifies that all industrial units being marketed in this area are much more

modern than those present on the application site; there is therefore no demand in this area for commercial premises of this age as they are not economic to occupy. This is supported by the former commercial premises to the west which has recently been redeveloped for residential purposes. The applicant therefore contends that the premises are unsuitable for the needs of modern business.

9. In terms of whether the existing site causes harm to amenity, it must be noted that

although the application site has been vacant since January 2016, a use within the existing lawful use class B8 (Storage and distribution) could resume without requiring any further grant of planning permission. The application site is also not restricted, in terms of hours of use, by planning conditions attached to previous grants of planning permission. Any further use could represent an intensification over the use of the premises of the former occupant.

10. The application site is bounded to the east by residential use, and following the

implementation of PLAN/2011/0959, is bounded to the west by residential use.


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Residential uses also occur to the south. Given the proximity of residential uses in three directions, combined with the consideration that the sole vehicular access to the site occurs via Berry’s Lane, it is considered that the lawful use of the site has the potential to result in harm to the amenity of nearby residential occupiers by reason of noise and general disturbance, particularly given that the existing use appears unrestricted in terms of operating hours.

11. Policy CS10 states ‘housing provision is integral to the creation of a sustainable

community in Woking. To achieve this aim, the Council will ensure that there are sufficient homes built in sustainable locations that people can afford and which meet the needs of the community. The main urban areas will therefore be the focus for new housing development’. The site is in a sustainable location within the Urban Area and the provision of five new dwellinghouses is considered an appropriate redevelopment of the site.

12. Whilst a commercial area occurs to the north of the application site there are existing

residential properties fronting both Chertsey Road and Berry’s Lane to the immediate east and west of the application site, including the ten residential properties permitted under application reference PLAN/2011/0959 during 2012. The Council’s Environmental Health service has commented that no formal action has had to be taken with regards to noise from any commercial premises within the area. Overall it is not considered that the proposal would result in potential future conflict with adjoining commercial premises to the north.

13. Overall it is considered that it has been sufficiently demonstrated that the location is

unsuitable for the needs of modern business, and there is the potential for harm to neighbouring residential amenity to occur when the site is within its lawful Class B8 use, and therefore that, subject to the other material planning considerations set out within this report, that the principle of redevelopment of the site for residential purposes is acceptable and accords with policies CS1, CS10, CS15 and CS25 of the Woking Core Strategy 2012 and the core principles of the National Planning Policy Framework 2012 (NPPF).

Design and impact upon the character of the area 14. One of the core principles of the NPPF is to seek to secure high quality design.

Furthermore Policy CS21 of the Woking Core Strategy 2012 states that buildings should respect and make a positive contribution to the street scene and the character of the area paying due regard to the scale, height, proportions, building lines, layout, materials and other characteristics of adjoining buildings and land. The application site is within the designated Urban Area of Byfleet and is bounded on three sides (east, west and south) by residential uses with an Employment Area to the north.

15. Byfleet is a very varied settlement; the majority of housing within Byfleet is detached

or semi-detached, with short terraces present in some Post War and Modern areas. Most properties are two storeys in height, with some blocks of flats and town houses over three storeys. There are also shops and community facilities along the High Street and several large schools within the Byfleet area, as well as a large industrial estate to the north. Building materials are variable within Byfleet and there is little visual unity through the settlement as a whole, due to the varying styles and periods of development. However, individual streets can have strong visual unity. The industrial units in close proximity to residential properties create a certain level of discord.

16. The existing buildings on the application site now appear dated and are not considered to make a positive contribution, in terms of either townscape or


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architecture, to the immediate area. The dominance of hardstanding to the south of the site, and absence of soft landscaping, is also considered to result in a negative, and at best neutral, impact upon the character of the surrounding area. No objection is therefore raised in terms of the demolition of the existing building or the comprehensive redevelopment of the application site, subject to detailed design considerations.

17. The immediate context of the application site is of detached two storey dwellinghouses fronting Chertsey Road to the east with a more modern two storey flatted development (Berry’s Court) marking the corner of Chertsey Road and Berry’s Lane. Two older two storey terraces are situated to the west, supplemented by two further terraces recently constructed (Ref: PLAN/2011/0959) to the immediate west of the site. Properties fronting Berry’s Lane to the south are a mixture of detached, semi-detached and terraces. External materials within the immediate area are varied with a combination of various colours of facing brickwork, timber cladding, render and tile hanging apparent.

18. The proposal has been designed as a two storey terrace containing five dwellings which extends along the western site boundary creating a mews typology. Two bedrooms, a bathroom and integral garage are provided at ground floor level with a staircase leading to an open-plan kitchen/dining/living area at first floor level; full height openings facilitate access to a private terrace serving each dwelling which are divided by timber partitions. A shared surface would provide vehicular access to integral garages and three visitor parking spaces at the northern terminus of the site, alongside pedestrian access, a shared communal amenity space, refuse/recycling bin storage and soft buffer planting which would occur along the eastern site boundary (condition 4 refers). The hard landscaping surface (condition 5 refers) is proposed to be broken up through the use of textured materials, including paving bands, paving flags and paving setts.

19. The dual-pitched roofs are asymmetrical in order to reduce the building heights along the western site boundary. The southernmost dwelling would benefit from a car port with the first floor of the dwelling cantilevered above; this would result in minimal conflict with the notional building line between the newly constructed dwellings to the west and Berry’s Court to the east. External materials (condition 3 refers) would consist predominantly of facing-brick to the western elevation with dark stained horizontal timber cladding to the remaining elevations set under a dark tiled roof with vertical timber cladding to the integral garage doors. Window and door openings are proposed to be powder coated aluminium with large windows wrapping down the eastern elevations to maximise internal light. Additionally high-level rooflights within the western roofscape serve first-floor level kitchens and staircases. Modest protruding porch canopies delineate individual dwellings within the terrace. A timber partition would separate adjoining private terraces which are carved out of the pitched roof providing east-to-west light.

20. The immediate area does not demonstrate a consistent grain and pattern of development; in creating a two storey terraced development the proposal remains commensurate with the older terraces to the west, and those recently constructed immediately to the west. Given the nature of the application site being bounded to the east and west by residential development it is considered that the resultant grain and pattern of development would integrate to an acceptable degree with that of the immediate area and would not result in demonstrable harm.

21. Given that there is little visual unity through the settlement of Byfleet as a whole, due to the varying styles and periods of development, it is considered that the application


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site represents an appropriate opportunity for a contemporary interpretation of the terrace, an otherwise traditional building form. The proposal is considered to represent a high-quality, design-led solution to the particular constraints of the application site and is considered to result in a development which would make a positive contribution to the character and appearance of the area. The proposal would result in the introduction of soft planting and more appropriate hard landscaping, and a use of the site which would result in less conflict with surrounding residential uses.

22. Whilst a commercial area occurs to the north of the application site there are existing

residential properties fronting both Chertsey Road and Berry’s Lane to the immediate east and west of the application site, including the ten residential properties permitted under application reference PLAN/2011/0959 during 2012. The Council’s Environmental Health service has commented that no formal action has had to be taken with regards to noise from any commercial premises within the area. Overall it is not considered that the proposal would result in potential future conflict with adjoining commercial premises to the north.

23. The proposal is therefore considered to accord with policy CS21 of the Woking Core Strategy 2012, Supplementary Planning Document ‘Design (2015)’ and sections 6 and 7 of the National Planning Policy Framework 2012 (NPPF).

Impact upon neighbouring amenity 24. Policy CS21 (Design) of the Woking Core Strategy 2012 advises that proposals for

new development should achieve a satisfactory relationship to adjoining properties avoiding significant harmful impact in terms of loss of privacy, daylight or sunlight, or an overbearing effect due to bulk, proximity or outlook.

25. The application site is neighboured to the west by Nos.9-18 Berry’s Lane, to the east

by Nos.97-103 Chertsey Road and Berry’s Court. To the south (on the opposite side of Berry’s Lane) are No.81 Chertsey Road and The Berries. The impact upon these properties will be addressed in turn:

Nos.9-18 Berry’s Lane: 26. Nos.9-18 Berry’s Lane border the application site to the immediate west and constitute

those dwellings permitted, and subsequently constructed, under planning permission reference PLAN/2011/0959.

27. The existing building to be demolished is situated on the common boundary with Nos.9-14 Berry’s Lane. The dual-pitched element of the existing building measures approximately 5.0m to eaves height along the western boundary before pitching to a maximum height (inset approximately 5.0m) measuring approximately 7.0m. The flat roofed element of the existing building measures approximately 5.7m to maximum height. The resulting vertical facing brickwork of the terrace which would occur along the western boundary would measure approximately 4.3m to eaves height before pitching to a maximum height measuring approximately 6.7m (inset approximately 3.4m) to maximum height. Although set on the common boundary with Nos. 9-14 Berry’s Lane the resultant terrace would result in a reduction in height on the western boundary of between 0.7m-1.4m in comparison to the existing situation. Given this factor it is considered that a reduction in overbearing effect, by reason of bulk and proximity, would occur, in comparison to the existing situation, to the rear elevations, and rear amenity spaces, of Nos.9-14 Berry’s Lane.


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28. Nos.15-18 Berry’s Lane are situated to the southern section of the site to the west and demonstrate front elevations facing to the south with gardens to the north. Although the existing building does not occur along this section of the western site boundary the area to the immediate west of this common boundary is laid to hardstanding and contains the refuse/recycling bin storage for these dwellings. A separation distance tapering between approximately 6.0m-7.0m occurs between the western application site boundary and the fence line with demarcates the rear garden boundary of No.18 Berry’s Lane (the most easterly of these dwellings). A separation distance tapering between approximately 4.4m-7.4m occurs between the western application site boundary and the side (east) elevation of No.18 Berry’s Lane which contains a single window opening at both ground and first floor levels. The first floor level window within No.18 serves a bathroom (non-habitable space) with the ground floor opening serving the middle section of an open-plan living/kitchen area which is also served by openings within the rear (north) elevation.

29. Although the resulting terrace would be apparent from the rear garden of No.18, and via the side-facing (east) windows, given the factors above it is not considered that significant harmful impact, by reason of an overbearing effect due to bulk, proximity or outlook, would occur to either the rear amenity space or dwelling of No.18 Berry’s Lane or those more westerly dwellings within this terrace.

30. The applicant has submitted a Daylight & Sunlight Report (Ref: 1093/H) which

assesses the impact of the proposed development upon the neighbouring properties of Nos.9-18 Berry’s Lane in respect of daylight and sunlight based upon the tests set out within the Building Research Establishment (BRE) guide ‘Site Layout Planning for Daylight and Sunlight - A Guide to Good Practice’ 2011. The report demonstrates that the proposal would meet the BRE recommended levels and as such adequate levels of daylight and sunlight would be maintained for the rooms within Nos.9-18 Berry’s Lane.

31. In terms of the areas of each garden receiving sunlight at the equinox the BRE guide

recommends that a rear garden, or other similar sitting-out area, should have two hours’ sunshine to half or more of its area. The submitted Sunlight & Daylight report demonstrates that the rear gardens serving Nos.9-14 Berry’s Lane would sustain no reductions to the sunlit areas of their gardens and all would have over 50% area with two hours’ sunlight on the equinox. Nos.15-18 Berry’s Lane will sustain no losses of sunlit area and only two gardens receive two hours’ sunlight to less than 50% of their respective areas; these are No.16 and No.17 Berry’s Lane where the dwellings themselves, and the garden boundary treatments, obscure most of the sunshine.

32. Only high-level rooflights (providing additional light to the kitchens/staircases) would

occur within the elevations/roofscapes facing towards Nos.9-18 Berry’s Lane. The high-level siting of these rooflights can be secured by way of condition (condition 13 refers); this would ensure no overlooking occurs towards Nos.9-18 Berry’s Lane. The cut-away roof terraces would afford no aspect towards Nos.9-18 Berry’s Lane due to the solid wall in this direction. Overall the impact upon the residential amenity of Nos.9-18 Berry’s Lane is considered to be acceptable.

Nos.97-103 Chertsey Road and Berry’s Court: 33. Nos.97-103 Chertsey Road and Berry’s Court bound the application site to the east.

The terminus of the rear amenity spaces serving Nos.97-103 Chertsey Road occur along this boundary with the area between Berry’s Court and the application site serving as a car parking area which is readily open to public views from Berry’s Lane and Chertsey Road.


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34. The 5.7m high flat roofed element of the existing building is sited between

approximately 4.0m-5.0m from the application site boundary with No.97, although part of the dual-pitched element also occurs approximately 2.0m inset from the site boundary and presents an approximate 5.0m eaves height at this point. The dual-pitched element of the existing building presents an approximate 5.0m eaves height to the application site boundary with Nos.99-103 Chertsey Road with existing separation distances varying between approximately 2.2m and 5.0m. Although the single-storey monopitched element occurs within approximately 1.0m-1.6m of the eastern application site boundary with No.101 and No.103 Chertsey Road this element demonstrates a relatively modest 3.0m eaves height.

35. The resulting terrace would demonstrate an approximate 5.0m eaves height to its

eastern elevation. The resultant separation distances to the eastern site boundary would measure between approximately 10.3m and 10.7m with regard to No.101 Chertsey Road, between approximately 8.0m and 10.0m with regard to No.99, between approximately 6.5m and 8.0m with regard to No.97, and between approximately 6.1m and 9.7m with regard to Berry’s Court. The resulting situation would therefore reduce overbearing effect over and above the existing situation with regard to Nos.97-103 Chertsey Road due to the greater levels of separation which would be achieved to the eastern application site boundary. Whilst the proposal would introduce built form in that section of the site currently occupied by delineated car parking opposite Berry’s Court given the separation distances that would be retained to the eastern site boundary, combined with the nature of the area to the west of Berry’s Court in serving as car parking space which is readily open to public views, it is not considered that a significant harmful overbearing effect would occur to Berry’s Court.

36. The applicant has submitted a Daylight & Sunlight Report (Ref: 1093/H) which

assesses the impact of the proposed development on the neighbouring properties of Nos.97-103 Chertsey Road and Berry’s Court in respect of daylight and sunlight based upon the tests set out within the Building Research Establishment (BRE) guide ‘Site Layout Planning for Daylight and Sunlight - A Guide to Good Practice’ 2011. The report demonstrates that the proposal would meet the BRE recommended levels and as such adequate levels of daylight and sunlight would be maintained for the rooms within Nos.97-103 Chertsey Road and Berry’s Court.

37. The submitted Sunlight & Daylight report demonstrates that the rear gardens serving

No.97, No.99 and No.101 Chertsey Road would all make gains in sunlit area over the existing situation as a result of the proposal.

38. Supplementary Planning Document ‘Outlook, Amenity, Privacy and Daylight (2008)’

identifies a recommended minimum separation distance for achieving privacy of 10.0m in a two storey elevation-to-boundary relationship, and of 20.0m in a two storey elevation-to-elevation relationship although does state that “these dimensions are for advice only and evidence of design quality and compatibility with context will be of overriding importance”.

39. Redevelopment of the application site is somewhat constrained by the recently

permitted, and implemented planning permission immediately to the west (Ref: PLAN/2011/0959). As a result the current proposal has been designed with only high-level rooflights facing to the west and other openings facing east towards Chertsey Road and Berry’s Court. Whilst the proposal would result in first floor openings, and external terraces, facing towards Berry’s Court within 6.2m of the common boundary at their closest point the area to the west of Berry’s Court serves as a communal car


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parking area and is readily open to views from Berry’s Lane, with the built form of Berry’s Court sited in excess of 13.0m inset from the application site boundary. Given these factors it is not considered that a significantly harmful loss of privacy would occur to Berry’s Court contrary to policy CS21.

40. In terms of Nos.97-103 Chertsey Road the proposal would result in first floor

openings, and external terraces, facing towards the common boundaries with these dwellings (which form the terminus of the rear amenity spaces serving these dwellings), albeit at differing levels of proximity due to the tapered nature of the site boundary. It should also be noted that a group (appox. 20) of Lawson Cypress (G2) exist within the rear gardens of properties fronting Chertsey Road which collectively currently make for effective screening although some of these may be subject to some pruning by the applicant within the site boundary (although such tree works would not require permission in their own right).

41. First floor level openings, and external terraces, would occur approximately 6.7m inset

of the common boundary with No.97 Chertsey Road, approximately 8.3m inset of the common boundary with No.99, and approximately 10.4m inset of the common boundary with No.103 at their closest points. The resultant relationship with the common boundary with No.101 (10.4m) complies with the guidance within SPD ‘Outlook, Amenity, Privacy and Daylight (2008)’ however the resultant separation distances with No.97 and No.99 Chertsey Road fall short of the minimum recommended separation distances to a common boundary. Measuring 10.6m the resultant separation distance to the common boundary with No.103 complies with the guidance within the SPD.

42. SPD ‘Outlook, Amenity, Privacy and Daylight (2008)’ does not identify a

recommended minimum separation distance for two storey front-to-rear elevation relationships although it is considered such relationships are comparable to the guidance for two storey rear-to-rear elevation relationships.

43. It must be taken into account that the resultant two storey elevation-to-elevation

relationship between the proposal and the rear elevations of No.97 and No.99 Chertsey Road would achieve the relevant recommended minimum separation distance for achieving privacy as set out by SPD ‘Outlook, Amenity, Privacy and Daylight (2008)’. The potential harm caused to the residential amenity of No.97 and No.99 Chertsey Road, by reason of the shortfall in separation distance to the common boundary, must be balanced against the benefits of the proposal in providing five new 2 bedroom dwellings on previously developed land within the designated Urban Area, and the cessation of a lawful class B8 use of the application site and introduction of a residential (class C3) use which would be more compatible with surrounding existing residential uses. The proposal would also reduce the height and proximity of existing built form adjacent to the common boundaries with No.97 and No.99 and thereby reduce overbearing effect in comparison to the existing situation in terms of these two dwellings. Additionally existing Lawson Cypress afford some screening to No.97 and No.99 and the proposed soft landscaping buffer along the eastern side boundary (condition 4 refers) can reinforce this. Overall the planning benefits of the proposal are considered to outweigh the level of potential harm, by reason of the shortfall in separation distance to the common boundaries with No.97 and No.99 Chertsey Road.

No.81 Chertsey Road and The Berries: 44. The Berries is situated to the south on the opposite side of Berry’s Lane. The front

elevation faces Berry’s Lane with a gravelled driveway to the north. The nearest point of the proposal would be sited approximately 15.0m north of the front elevation of The


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Berries. Given the nature of the gravelled driveway to the frontage of The Berries, combined with this separation distance and the two storey scale of the proposal, it is not considered that significant harmful impact, by reason of potential overbearing effect, would occur to The Berries. Whilst a first floor terrace (above the cantilevered car port) would be situated approximately 15.0m north of the front elevation of The Berries this distance exceeds the recommended separation distance (10.0m) for achieving privacy for two storey front-to-front elevation relationships, as set out within SPD ‘Outlook, Amenity, Privacy and Daylight (2008)’, and is therefore not considered to give rise to significantly harmful loss of privacy to The Berries.

45. No.81 Chertsey Road is situated to the south-east and fronts Chertsey Road with the

boundary of its rear amenity space running parallel to part of Berry’s Lane. The dwelling of No.81 is set in excess of 19.0m of the nearest point of the proposal, and at an oblique angle; no significant harmful effect is therefore considered to occur to the dwelling of No.81. The proposal would be situated approximately 10.0m to the north-west of the nearest point of the rear garden boundary of No.81, although this represents the terminus of the rear garden. However this level of separation complies with the guidance within SPD ‘Outlook, Amenity, Privacy and Daylight (2008)’, and given the oblique relationship between No.81 and the proposal, and the intervening carriageway of Berry’s Lane and existing vegetative screening within the curtilage of No.81 along this boundary, it is not considered that significantly harmful effect would occur to the rear amenity space serving No.81 Chertsey Road.

46. The submitted Daylight & Sunlight Report demonstrates that the proposal would meet

the BRE recommended levels, and as such adequate levels of daylight and sunlight would be maintained for the rooms within The Berries. Overall the impact upon the residential amenity of No.81 Chertsey Road and The Berries is considered to be acceptable.

Amenities of future occupiers 47. The gross internal floorspace of the proposed dwellings (excluding garages and

terraces) would vary between 61.5m² and 64.2m²; it is considered the size of the proposed dwellings is acceptable in terms of floorspace given their two bedroom nature.

48. In terms of amenity space Supplementary Planning Document ‘Outlook, Amenity,

Privacy and Daylight (2008)’ states that “dwellings specifically designed not to be used for family accommodation do not require any specific area to be set aside for each as private amenity space. This would apply to one and two bedroom flats and any other forms of dwelling less than 65sq.m. floorspace (but that) all forms of dwelling should seek to incorporate some modest private sunlit area for sitting outside. At ground floor level a small semi-enclosed patio area would be beneficial, and at higher levels, particularly in the case of flats, a simple terrace or balcony might be incorporated”. Excluding the garages and terraces the maximum gross internal floorspace of the largest proposed dwelling measures 64.2m², falling below the threshold for providing private amenity space as set out by the SPD. Given that a private first floor level terrace measuring a minimum of 14.2m² would be provided to each dwelling, functioning as a private sunlit area for sitting out, it is considered that this provides an acceptable and innovative solution to providing new dwellings within a constrained site on previously developed land within the Urban Area.

49. The submitted Daylight & Sunlight Report assesses the proposed new dwellings to

determine whether or not the proposed rooms will be provided with adequate daylight by reference to Average Daylight Factors (ADFs). The proposed new dwellings have


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bedrooms at ground floor level and primary living accommodation on the first floor. Nevertheless the report demonstrates that all the proposed rooms would meet the ADF target criteria and the majority exceed the target by a considerable margin. Adequate light would therefore be achieved to all proposed habitable rooms. The large windows at first floor level would allow a good level of outlook and the ground floor windows would be separated from the shared access mews street by chamfered landscape margins. Car parking would not take place outside ground floor windows. The level of outlook is therefore considered to be acceptable.

50. Overall it is considered that the proposal would provide a good standard of residential

amenity to future occupiers. Impact upon trees 51. Saved Policy NE9 (Trees Within Development Proposals) of the Woking Local Plan

1999 states that development proposals should allow for the retention of the best tree specimens, should not result in the loss of trees or groups of trees of significant amenity value and that trees to be retained will be required to be adequately protected to avoid damage during construction. Policy CS21 (Design) of the Woking Core Strategy 2012 also requires development proposals to incorporate landscaping to enhance the setting of the development, including the retention of any trees of amenity value. Policy DM2 (Trees and Landscaping) of the emerging Development Management Policies DPD largely carries forwards the requirements of saved policy NE9.

52. The application is supported by an Arboricultural Appraisal and Implications

Assessment prepared by ACS (Trees) Consulting in line with BS 5837:2012. A mature English Oak (T1) is situated within the north-east corner of the site although is largely screened from Berry’s Lane by the existing site buildings. This English Oak is to be retained although the canopy pruned back from the site by around 2.0m-3.0m and the lowest over-hanging branches removed to a height of around 4.0m. A group (appox. 20) of Lawson Cypress (G2) exist within the rear gardens of properties fronting Chertsey Road; some of which have been reduced quite heavily and lower branches removed although they collectively currently make for effective screening. However these Cypress trees possess die-back and dead branches. Tree protective fencing would be installed during site works; the use of permeable block paving to the proposed parking and turning area would allow the free passage of moisture and air to the rooting area of the English Oak tree and therefore improve the soil conditions in the immediate proximity to the tree.

53. The Council’s Arboricultural Officer has reviewed the submitted Arboricultural

Appraisal and Implications Assessment and raises no objection subject to recommended condition 8. Overall, subject to this recommended condition the proposal accords with saved policy NE9 of the Woking Local Plan 1999, policy CS21 of the Woking Core Strategy 2012, policy DM2 of the emerging Development Management Policies DPD and the core principles of the NPPF.

Highways and parking implications 54. The existing site contains approximately fourteen demarcated parking bays to serve

the lawful class B8 use. A 7.2m wide vehicular crossover exists onto Berry’s Lane which itself leads onto Chertsey Road. Given the lawful use of the site it is likely that many of the vehicles accessing and egressing the site would have been vans and small lorries to distribute goods to garages and stores, with regular deliveries to the warehouse likely undertaken by large lorries. The applicant has undertaken a


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comparison between the lawful use of the site, and the proposed residential use, in line with TRICS data; this comparison indicates that there would be a reduction in the level of traffic in the peak periods, as well as throughout the day, which would benefit existing local traffic and safety conditions.

55. The proposal would utilise the existing vehicular access with Berry’s Lane. The most

southerly dwelling would benefit from an open sided car port on the southern side of the terrace. The remaining four dwellings would each benefit from an integral single garage with a further three parking bays provided at the northern terminus of the site. A road width of 6.0m would be provided adjacent to the garages to allow for access and egress vehicle turning manoeuvres with the adjacent landscape margins chamfered, allowing for vehicle turning circles. Submitted swept path analyses demonstrate that vehicles would be able to access and egress all integral garages, and access, turn and egress the site in a forward gear, with regard to the three northern car parking spaces.

56. The NPPF advises that development should only be prevented or refused on transport

grounds where the residual cumulative impacts of development are severe (Paragraph 32). Supplementary Planning Document ‘Parking Standards (2006)’ identifies a car parking standard of 1.5 car spaces per each 2 bedroom unit, averaged across the development, although does state that “the standards define the maximum acceptable provision for the most common forms of development. Provision above this level will not normally be permitted. A minimum requirement will not normally be imposed unless under provision would result in road safety implications”. The proposal would provide eight car parking spaces across the development and is therefore compliant with the standards set out by Supplementary Planning Document ‘Parking Standards (2006)’.

57. The same service vehicles for refuse and recyclables collection as currently serve the

existing dwellings on Berry’s Lane would serve the refuse and recycling bin store which has been situated within both 25.0m of the carriageway of Berry’s Lane and the most northerly dwelling and is sufficient in size.

58. The proposed development has been considered by the County Highway Authority

(SCC) who raise no objection. Secure cycle storage can be accommodated within the integral garage of each dwelling and it is therefore not considered necessary to be secured by way of planning condition as this will be a choice for individual occupiers.

59. The proposal is therefore considered to result in an acceptable impact upon highway

safety and car parking provision and accords with policy CS18 of the Woking Core Strategy 2012, Supplementary Planning Document ‘Parking Standards’ (2008) and the National Planning Policy Framework (2012).

Contaminated Land 60. In accordance with the provisions of the National Planning Policy Framework, local

authorities must make sure that sites are suitable for development taking into account ground conditions, pollution arising from previous uses and any proposals for land remediation. The contamination of land can have adverse impacts on health and wellbeing.

61. Section 11 of the NPPF (paragraph 120) states that “where a site is affected by

contamination or land stability issues, responsibility for securing a safe development rests with the developer and/or landowner” and in paragraph 121 the NPPF states that “Planning policies and decisions should also ensure that:


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the site is suitable for its new use taking account of ground conditions and land instability, including from natural hazards or former activities such as mining, pollution arising from previous uses and any proposals for mitigation including land remediation or impacts on the natural environment arising from that remediation

adequate site investigation information, prepared by a competent person, is presented.”

62. Policy DM8 (Land Contamination and Hazards) of the emerging Development

Management Policies DPD sets out that proposals for new development should demonstrate that any existing contamination of the land or groundwater will be addressed by appropriate mitigation measures, including the remediation of existing contamination, and that the proposed development will not cause the land or groundwater to become contaminated.

63. The application is supported by a preliminary land quality risk assessment (phase one

desk study) which identifies the application site was a vehicle parts business and former garage which had at least one underground storage tank. The report also identifies the adjacent site (Ref: PLAN/2011/0959) had above ground storage tanks and contaminated soil, and required remediation prior/during development. The report recommends intrusive investigations to characterise the risks posed to the proposed development and to determine options for remediation. The Council’s Scientific Officer has reviewed the submitted preliminary land quality risk assessment and raises no objection to planning permission being granted subject to a contamination condition (recommended condition 7). Overall, subject to this recommended condition, it is considered the proposal accords with section 11 of the NPPF and policy DM8 of the emerging Development Management Policies DPD.

Thames Basin Heaths Special Protection Area (TBH SPA) 64. The Special Protection Areas (SPAs) in this area are internationally-important and

designated for their interest as habitats for ground-nesting and other birds. Policy CS8 of the Woking Core Strategy 2012 requires new residential development beyond a 400m threshold, but within 5 kilometres, of the TBH SPA boundary to make an appropriate contribution towards the provisions of Suitable Alternative Natural Greenspace (SANG) and the Strategic Access Management and Monitoring (SAMM).

65. The Suitable Alternative Natural Greenspace (SANG) and Landowner Payment

elements of the SPA tariff are encompassed within the Community Infrastructure Levy (CIL) however the Strategic Access Management and Monitoring (SAMM) element of the SPA tariff is required to be addressed outside of CIL. The applicant has agreed to make a SAMM contribution of £3,200 in line with the Thames Basin Heaths Special Protection Area Avoidance Strategy as a result of the uplift of 5No. 2 Bedroom dwellings that would arise from the proposal. The applicant is preparing a Legal Agreement to secure this financial contribution.

66. In view of the above, the Local Planning Authority is able to determine that the

development would have no significant effect upon the SPA and therefore accords with Policy CS8 of the Woking Core Strategy 2012 and the Thames Basin Heaths Special Protection Area Avoidance Strategy.

Sustainable construction 67. The building footprint of all proposed 5No. dwellings would lie wholly upon Previously

Developed Land (PDL). Policy CS22 of the Woking Core Strategy 2012 requires all


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new residential development on PDL to meet the energy and CO² and water components of Code level 5 from 1 April 2016.

68. However planning policies relating to sustainability have been updated with the

withdrawal of the Code for Sustainable Homes. Therefore in applying Policy CS22 of the Woking Core Strategy 2012, all new residential development shall be constructed to achieve a water consumption standard of using 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 (recommended condition 9).

Affordable Housing 69. 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 between five and nine new dwellings, the Council will require 20% of dwellings to be affordable, or a financial contribution equivalent to the cost to the developer of providing 20% of the number of dwellings to be affordable on site.

70. 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 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.

71. Additionally the Planning Practice Guidance (Paragraph 031 - Revision date:

19.05.2016) 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.

72. 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 031 - Revision date: 19.05.2016). 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.

LOCAL FINANCE CONSIDERATIONS 73. The proposal is Community Infrastructure Levy (CIL) liable. The gross internal

residential floorspace measures 314.5m² however the applicant has stated that the existing gross internal floorspace to be demolished (measuring 360.0m²) has been in


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lawful use for a continuous period of at least six months within the past thirty-six months. Should this be demonstrated by the applicant to the satisfaction of the Local Planning Authority the CIL liability would be Nil. If this cannot be demonstrated by the applicant to the satisfaction of the Local Planning Authority the CIL liability would be £41,429 (including the 2016 indexation).

CONCLUSION 74. Overall it is considered the principle of redevelopment of the site for residential

purposes is acceptable. The proposal represents a high-quality, design-led solution to the particular constraints of the application site and is considered to result in a development which would make a positive contribution to the character and appearance of the area. The impact upon neighbouring amenity is considered to be acceptable and a good standard of residential amenity would be provided to future occupiers. The proposal is considered to result in an acceptable impact upon trees and upon highways and car parking implications. Contaminated land matters are capable of being addressed via planning condition and a legal agreement would address Thames Basin Heaths Special Protection Area (TBH SPA) mitigation. Sustainable construction can be addressed via planning condition.

75. The proposal therefore accords with policies CS1, CS8, CS10, CS11, CS12, CS15,

CS18, CS21, CS22, CS24 and CS25 of the Woking Core Strategy 2012, saved policies NE9, HSG22 and MV12 of the Woking Local Plan 1999, Supplementary Planning Documents ‘Outlook, Amenity, Privacy and Daylight (2008)’, ‘Design (2015)’, ‘Parking Standards (2006)’, ‘Climate Change (2013)’, ‘Affordable Housing Delivery (2014)’, Supplementary Planning Guidance ‘Plot Subdivision: Infilling and Backland Development’, sections 4, 6, 7, 10 and 11 of the National Planning Policy Framework 2012, policies DM2 and DM8 of the emerging Development Management Policies DPD (2015), South East Plan (2009) (Saved policy) NRM6, the Thames Basin Heaths Special Protection Area Avoidance Strategy, National Planning Practice Guidance (NPPG) and the Written statement to Parliament - Planning update - 25th March 2015 and is recommended for approval.

76. In considering this application the Council has had regard to the provisions of the

development plan, so far as material to the application, and to any other material planning considerations. In making the recommendation to grant planning permission it is considered that the application is in accordance with the development plan of the area. It is therefore recommended that planning permission is granted subject to recommended conditions and Legal Agreement to secure SAMM (SPA) contributions as set out below.

BACKGROUND PAPERS 1. Site visit photographs 2. x3 Letters of representation 3. Consultation response from County Highway Authority 4. Consultation response from Scientific Officer 5. Consultation response from Arboricultural Officer 6. Consultation response from Waste Services 7. Consultation response from Thames Water


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PLANNING OBLIGATIONS

Obligation Reason for Agreeing Obligation

1. £3,200 SAMM (SPA) contribution.

To accord with the Habitat

Regulations, policy CS8 of the

Woking Core Strategy 2012 and

The Thames Basin Heaths SPA

Avoidance Strategy.

RECOMMENDATION Grant planning permission subject to the following conditions and SAMM (SPA) contributions secured by way of Legal Agreement: 1. The development for which permission is hereby granted must be commenced not

later than the expiration of three years beginning with the date of this permission.

Reason: 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

following approved plans: 1553 TP(00)01 (Existing Site Location Plan), dated 28.06.2016 and received by the

Local Planning Authority on 29.06.2016. 1553 TP(00)02 (Existing Block Plan), dated 28.06.2016 and received by the Local

Planning Authority on 29.06.2016. 1553 TP(00)03 (Existing Site Plan), dated 28.06.2016 and received by the Local

Planning Authority on 29.06.2016. 1553 TP(00)11 (Proposed Site Plan), dated 28.06.2016 and received by the Local

Planning Authority on 29.06.2016. 1553 TP(10)01 (Existing Ground Floor Plan), dated 28.06.2016 and received by the

Local Planning Authority on 29.06.2016. 1553 TP(10)02 (Existing First Floor Plan), dated 28.06.2016 and received by the Local

Planning Authority on 29.06.2016. 1553 TP(10)03 (Existing Roof Plan), dated 28.06.2016 and received by the Local

Planning Authority on 29.06.2016. 1553 TP(10)11 Rev A (Proposed Ground Floor Site Plan (1:100 scale)), dated

18.07.2016 and received by the Local Planning Authority on 19.07.2016. 1553 TP(10)12 (Proposed First Floor Site Plan (1:100 scale)), dated 05.07.2016 and

received by the Local Planning Authority on 05.07.2016.


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1553 TP(10)13 (Proposed Roof Floor Plan (1:100 scale)), dated 05.07.2016 and received by the Local Planning Authority on 05.07.2016.

1553 TP(11)01 (Existing Elevations), dated 28.06.2016 and received by the Local

Planning Authority on 29.06.2016. 1553 TP(11)11 (Proposed Elevations (1:100 scale)), dated 05.07.2016 and received

by the Local Planning Authority on 05.07.2016. 1553 TP(12)11 (Proposed Site Section), dated 28.06.2016 and received by the Local

Planning Authority on 29.06.2016.

Reason: For the avoidance of doubt and in the interests of proper planning.

3. ++ (Notwithstanding the details outlined on the approved plans listed within this notice), prior to the commencement of any above ground works to construct the development hereby permitted details and/or samples and a written specification of the materials to be used in the external elevations shall be submitted to and approved in writing by the Local Planning Authority. Such details shall include the finished timber colouring/staining and a sample panel of facing brickwork. The development shall be carried out and thereafter permanently retained in accordance with the approved details unless otherwise first agreed in writing by the Local Planning Authority.

Reason: In the interests of the visual amenities of the area and in accordance with Policy CS21 of the Woking Core Strategy 2012.

4. ++ (Notwithstanding the details outlined on the approved plans listed within this

notice), prior to the commencement of any above ground works to construct the development hereby permitted a detailed landscaping scheme shall be 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 within the first planting season (November-March) following the first occupation of the buildings or the completion of the development, 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 first agreed in writing by the Local Planning Authority.

Reason: In the interests of the visual amenities of the area and in accordance with Policy CS21 of the Woking Core Strategy 2012.

5. ++ (Notwithstanding the details outlined on the approved plans listed within this notice), prior to the commencement of any above ground works to construct the development hereby permitted full details and samples of the materials to be used for the `hard` landscape works shall be submitted to and approved in writing by the Local Planning Authority. These details shall include proposed finished levels, car parking layouts and hard surfacing materials. The works shall be carried out in accordance with the approved details and completed before the first occupation of the development.


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Reason: In the interests of amenity and to preserve and enhance the character and appearance of the locality in accordance with Policies CS21 and CS24 of the Woking Core Strategy 2012.

6. ++ The development hereby permitted shall not commence until a Construction

Transport Management Plan, to include details of: (a) parking for vehicles of site personnel, operatives and visitors (b) loading and unloading of plant and materials (c) storage of plant and materials (d) measures to prevent the deposit of materials on the highway has been submitted to and approved in writing by the Local Planning Authority. Only the approved details shall be implemented during the construction of the development.

Deliveries of construction materials, plant and machinery and any removal of spoil from the site shall only take place between the hours of 0800 and 1800 Monday to Friday (inclusive) and 0800 and 1300 on Saturdays. No deliveries or removal of spoil shall take place on Sundays, Bank or Public Holidays without the prior written consent of the Local Planning Authority.

Reason: In order that the development should not prejudice highway safety nor cause inconvenience to other highway users in accordance with Policy CS18 of the Woking Core Strategy 2012.

7. ++ The development hereby permitted shall not commence until a scheme to deal with

contamination of the site has been submitted to and approved in writing by the Local Planning Authority.

(i) The above scheme shall include :- (a) a contaminated land desk study and suggested site assessment methodology; (b) a site investigation report based upon (a); (c) a remediation action plan based upon (a) and (b); (d) a "discovery strategy" dealing with unforeseen contamination discovered during

construction; and (e) a "validation strategy" identifying measures to validate the works undertaken as

a result of (c) and (d) (f) a verification report appended with substantiating evidence demonstrating the

agreed remediation has been carried out (ii) Unless otherwise agreed in writing by the Local Planning Authority, the

development shall be carried out and completed wholly in accordance with such details and timescales as may be agreed.

Reason: To ensure that a satisfactory strategy is put in place for addressing contaminated land before development commences and to make the land suitable for the development without resulting in risk to construction workers, future users of the land, occupiers of nearby land and the environment generally in accordance with Policies CS9 and CS21 of the Woking Core Strategy 2012 and policy DM8 of the emerging Development Management Policies DPD.

8. Protective measures shall be carried out in strict accordance with the arboricultural Information provided by ACS (Trees) Consulting (Arboricultural Appraisal and Implications Assessment - ACS Ref: ha/aiams1/berrysla - dated 2016) including the convening of a pre-commencement meeting and arboricultural supervision as indicated. No works or demolition shall take place until the tree protective measures


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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. Reason: To ensure measures are taken to safeguard trees in the interest of local amenity and the enhancement of the development itself in accordance with Policy CS21 of the Woking Core Strategy 2012, saved policy NE9 of the Woking Local Plan 1999 and policy DM2 of the emerging Development Management Policies DPD.

9. ++ Prior to the commencement of any above ground works to construct the

development hereby permitted details shall be 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 first agreed in writing by the Local Planning Authority.

Reason: To ensure that the development achieves a high standard of sustainability and makes efficient use of resources and to comply with Policy CS22 of the Woking Core Strategy 2012.

10. ++ (Notwithstanding the details outlined on the approved plans listed within this notice), prior to the commencement of any above ground works to construct the development hereby permitted details of the means of enclosure of the refuse/recycling bin storage areas shall be submitted to and approved in writing by the Local Planning Authority. The refuse/recycling bin stores shall be provided in accordance with the approved details prior to the first occupation of the development and permanently retained thereafter for use by future occupiers at all times. Reason: In the interests of amenity and to ensure the provision of satisfactory facilities for the storage and recycling of refuse in accordance with Policy CS21 of the Woking Core Strategy 2012

11. ++ (Notwithstanding the details outlined on the approved plans listed within this notice), prior to the commencement of any above ground works to construct the development hereby permitted details of any external lighting (demonstrating compliance with the recommendations of the Institute of Lighting Engineers ‘Guidance Notes for Reduction of Light Pollution’ and the provisions of BS 5489 Part 9) shall be submitted to and approved in writing by the Local Planning Authority. The approved lighting scheme shall be installed prior to the first use/occupation of the development hereby permitted and maintained in accordance with these standards thereafter. Reason: To protect the appearance of the surrounding area and the residential amenities of the neighbouring properties in accordance with Policies CS18 and CS21 of the Woking Core Strategy 2012.

12. The development hereby permitted shall not be first occupied unless and until space

has been laid out within the site in accordance with the approved plans listed within this notice 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 area(s) shall be permanently retained and maintained for their designated purposes.


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Reason: In order that the development should not prejudice highway safety nor cause inconvenience to other highway users in accordance with Policy CS18 of the Woking Core Strategy 2012.

13. The rooflight(s) within the rear (west) facing roofscape(s) of all dwellings hereby

permitted shall have a minimum internal sill height of 1.7 metres above the finished first floor level of the dwellings hereby permitted. Once installed the rooflight(s) shall be permanently retained in that position.

Reason: In the interests of amenity of neighbouring properties in accordance with Policy CS21 of the Woking Core Strategy 2012.

14. Notwithstanding the provisions of Article 3 and Schedule 2, Part 1 and Classes A, B,

C, D, E, F and G of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any orders amending or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling houses hereby permitted, or the provision of outbuildings, shall be carried out without planning permission being first obtained from the Local Planning Authority.

Reason: The Local Planning Authority considers that further development could cause detriment to the high level of visual consistency of the development, the residential amenities of nearby properties, to the provision of an appropriate level of private amenity space to serve the resulting dwellings and to 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.

15. Notwithstanding the provisions of Article 3 of The Town and Country Planning

(General Permitted Development) (England) Order 2015 (as amended) (or any order revoking and re-enacting that Order with or without modification) no window, dormer window, rooflight, door or other additional openings other than those expressly authorised by this permission shall be formed or enlarged (at either ground or first floor levels or above within any elevation (including the roof)) without planning permission being first obtained from the Local Planning Authority.

Reason: The Local Planning Authority considers that further development could cause detriment to the high level of visual consistency of the development, the residential amenities of nearby properties and to 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.

16. The first floor level terraces shown on the approved plans listed within this notice shall

not be either partially or fully enclosed other than as expressly authorised by this permission and shall be permanently maintained in accordance with the approved plans.

Reason: The Local Planning Authority considers that further development could cause detriment to the high level of visual consistency of the development, the residential amenities of nearby properties, to the provision of an appropriate level of private amenity space to serve the resulting dwellings and to 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.


(General Permitted Development) (England) Order 2015 (as amended) the integral


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garages (to Houses 2-5(inclusive)) and open car port (to House 1) hereby permitted shall only be used for the parking of vehicles (and cycles) ancillary and incidental to the residential use of the dwelling house and shall be retained thereafter solely for that purpose and made available to the occupiers of the dwelling house at all times for parking/cycle storage purposes.

Reason: To preserve the amenities of the neighbourhood and ensure the provision of sufficient off-street car and cycle parking facilities in accordance with Policies CS18 and CS21 of the Woking Core Strategy 2012.


(General Permitted Development) (England) Order 2015 (as amended) the open car port hereby permitted (to House 1) shall not be enclosed or otherwise altered.

Reason: The Local Planning Authority considers that further development could cause detriment to the high level of visual consistency of the development, to the character of the area and to visibility splays and for this reason would wish to control any future development in accordance with Policies CS18 and CS21 of the Woking Core Strategy 2012.

19. Notwithstanding the provisions of Article 3, Schedule 2, Part 2, Class C of The Town

and Country Planning (General Permitted Development) (England) Order 2015 (as amended) the exterior(s) of the dwellinghouse(s) hereby permitted shall not be painted or otherwise stained except in accordance with details first agreed in writing by the Local Planning Authority.

Reason: In order to preserve the high level of visual consistency of the development in accordance with Policy CS21 of the Woking Core Strategy 2012.

Informatives 1. 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. The applicant entered into pre-application discussions prior to submission. The submitted scheme reflects the outcome of the pre-application discussions and was considered to be acceptable upon receipt.

2. The applicants 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 RELEVANT TRIGGER POINT. 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.

3. The applicant is advised that Council officers may undertake inspections without prior

warning to check compliance with approved plans and to establish that all planning conditions are being complied with in full. Inspections may be undertaken both during and after construction.

4. The permission hereby granted shall not be construed as authority to carry out any

works on the highway or any works that may affect a drainage channel/culvert or


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water course. The applicant is advised that a permit and, potentially, a Section 278 agreement must be obtained from the Highway Authority before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway. All works on the highway will require a permit and an application will need to submitted to the County Council's Street Works Team up to 3 months in advance of the intended start date, depending on the scale of the works proposed and the classification of the road. Please see http://www.surreycc.gov.uk/roads-and-transport/road-permits-and-licences/the-traffic-management-permit-scheme. The applicant is also advised that Consent may be required under Section 23 of the Land Drainage Act 1991. Please see www.surreycc.gov.uk/people-and-community/emergency-planning-and-community-safety/flooding-advice.

5. The applicant is reminded that it is an offence to allow materials to be carried from the

site and deposited on or damage the highway from uncleaned wheels or badly loaded vehicles. The Highway Authority will seek, wherever possible, to recover any expenses incurred in clearing, cleaning or repairing highway surfaces and prosecutes persistent offenders (Highways Act 1980 Sections 131, 148, 149).

6. The applicant is advised that Section 59 of the Highways Act permits the Highway

Authority to charge developers for damage caused by excessive weight and movements of vehicles to and from a site. The Highway Authority will pass on the cost of any excess repairs compared to normal maintenance costs to the applicant/organisation responsible for the damage.

7. The applicant is advised that, under the Control of Pollution Act 1974, site works

which will be audible at the site boundaries are restricted to the following hours:- 08.00 - 18.00 Monday to Friday 08.00 - 13.00 Saturday and not at all on Sundays and Bank/Public Holidays. The applicant is advised that an application will need to be made under the Control of Pollution Act 1974 to Woking Borough Council's Environmental Health Team for consent for any proposed additional working hours outside of the normal working hours of 08.00 to 18.00 Monday-Friday and 08.00 to 13.00 on Saturdays.

8. For the avoidance of doubt, the following definitions apply to condition 7 relating to

contaminated land:

Desk study- This will include: - (i) a detailed assessment of the history of the site and its uses based upon all available information including the historic Ordnance Survey and any ownership records associated with the deeds. (ii) a detailed methodology for assessing and investigating the site for the existence of any form of contamination which is considered likely to be present on or under the land based upon the desk study. Site Investigation Report: This will include: - (i) a relevant site investigation including the results of all sub-surface soil, gas and groundwater sampling taken at such points and to such depth as the Local Planning Authority may stipulate. (ii) a risk assessment based upon any contamination discovered and any receptors.

Remediation action plan: This plan shall include details of: - (i) all contamination on the site which might impact upon construction workers, future occupiers and the surrounding environment;

http://www.surreycc.gov.uk/people-and-community/emergency-planning-and-community-safety/flooding-advice

http://www.surreycc.gov.uk/people-and-community/emergency-planning-and-community-safety/flooding-advice


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(ii) appropriate works to neutralise and make harmless any risk from contamination identified in (i)

Discovery strategy: Care should be taken during excavation or working of the site to investigate any soils which appear by eye or odour to be contaminated or of different character to those analysed. The strategy shall include details of: - (i) supervision and documentation of the remediation and construction works to ensure that they are carried out in accordance with the agreed details; (ii) a procedure for identifying, assessing and neutralising any unforeseen contamination discovered during the course of construction (iii) a procedure for reporting to the Local Planning Authority any unforeseen contamination discovered during the course of construction

Validation strategy: This shall include : - (i) documentary evidence that all investigation, sampling and remediation has been carried out to a standard suitable for the purpose; and (ii) confirmation that the works have been executed to a standard to satisfy the planning condition (closure report).

All of the above documents, investigations and operations should be carried out by a qualified, accredited consultant/contractor in accordance with a quality assured sampling, analysis and recording methodology.

9. With regard to surface water drainage it is the responsibility of a developer to

make proper provision for drainage to ground, water courses or a 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 separate and combined at the final manhole nearest the boundary. Connections are not permitted for the removal of groundwater. 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 0800 009 3921.

10. With regard to water supply, this comes within the area covered by the Affinity Water

Company. For your information the address to write to is - Affinity Water Company The Hub, Tamblin Way, Hatfield, Herts, AL10 9EZ - Tel - 0845 782 3333.