APPENDIX B

SURBITON PLANNING SUB-COMMITTEE

WEDNESDAY 11 JANUARY 2012 REPORT BY

INTERIM HEAD OF PLANNING PLANNING APPLICATIONS

INDEX

ITEM NO

REGISTER NO

ADDRESS DESCRIPTION RECOMMENDATION PAGE NO

B1 11/16384 Garages, South Terrace, Surbiton

Demolition of existing garages and erection of a four storey block to create 16 x 2 bedroom flats, with car and cycle parking, refuse and recycling facilities and landscaping

PERMIT B1

B2 11/16484 Dysart School, 186 Ewell Road, Surbiton, KT6 6HL

Installation of steel shipping container (for storage use) and retention of climbing frame and shade sails

PERMIT B35

B3 11/16535 Lonsdale Court, Lovelace Road, Surbiton, KT6 6PB

Erection of third floor and rooms in roof and rear stair tower to provide 4 additional flats ( 2 x 2 bedroom and 2 x 1 bedroom flats); refurbishment and internal alterations to existing flats

PERMIT B42

SURBITON PLANNING SUB-COMMITTEE

11.01.2012

REPORT BY THE

INTERIM HEAD OF PLANNING

PLANNING APPLICATIONS All recommendations for planning permission in this section are automatically subject to the condition limiting the duration of the permission required by Sections 91 and 92 of the Town and Country Planning Act (as amended) 1990 unless permission is to be granted for a limited period or unless there is a specific recommendation that the period for such duration be other than the period referred to in the standard condition. All background papers are incorporated into Planning Application Reports. The policies listed are those from the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration

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Surbiton Planning Sub Committee

Date of Meeting: 11/01/2012

B1 Register No: 11/16384/FUL

Address: GARAGES, SOUTH TERRACE, SURBITON

(c) Crown Copyright. All right reserved. Royal Borough of Kingston 2007. Licence number 100019285.

[Please note that this plan is intended to assist in locating the development it is not the site plan of the proposed development which may have different boundaries. Please refer to the application documents for the proposed site boundaries.]

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Ward: Berrylands Description of Proposal: Demolition of existing garages and erection

of a four storey block to create 16 x 2 bedroom flats, with car and cycle parking, refuse and recycling facilities and landscaping

Plan Type: Full Application Expiry Date: 31/10/2011

Applicant's Plan Nos:

2074-E02 Existing sections and elevations Received 18/07/2011

2074-E02 Existing site survey Received 18/07/2011

2074-P01D Floor Plans & Areas Received 13/10/2011

2074-P02F Site plan Received 13/10/2011

2074-P03D Site External Works Received 13/10/2011

2074-P04C Ground & First Floor Plans Received 13/10/2011

2074-P05C Second & Third Floor Plans Received 13/10/2011

2074-P06C Elevations Received 31/10/2011

2074-P07C Elevations & Sections Received 31/10/2011

Arboricultural Report & Method Statement Received 18/07/2011

Daylight & Sunlight Report Revised Received 13/10/2011

Design & Access Statement Received 18/07/2011

Drainage Statement Received 18/07/2011

Ecological Appraisal Received 18/07/2011

Energy Strategy Received 18/07/2011

Noise Assessment Received 18/07/2011

Parking Survey Report Received 18/07/2011

Planning Statement Received 18/07/2011

Residential Travel Plan Framework Received 18/07/2011

Site location plan Received 01/08/2011

Sustainability Statement Received 18/07/2011

Transportation Statement Received 18/07/2011

Viability Study Received 18/07/2011

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BASIC INFORMATION

Planning Policy Guidance/Planning Policy Statements

Development Plan:

Mayor for London London Plan July 2011 Royal Borough of Kingston upon Thames - Unitary Development Plan First Alteration LDF Core Strategy Submission Draft May 2011 Kingston Town Centre AAP 2008

Policies NATIONAL POLICIES - PPGS/PPSS PPG13 Transport PPG24 Planning and Noise PPS03 Housing UNITARY DEVELOPMENT PLAN BE11 Design of New Buildings and Extensions BE12 Layout and Amenity of Buildings and Exts BE14 Height of Buildings BE15 Safety and Lighting of Public Areas BE9 Trees and Soft Landscaping H1 Protection of Residential Amenities H2 Res and other Uses in Residential Areas H9 Low Cost and Affordable Housing MW1 Development of Waste Management Facilities MW3 Energy Efficiency & Conservation in Devs MW7 Noise RES2 Planning Conditions and Agreements RES3 Determination of Planning Applications RES8 Community Benefit STR3 Housing Need STR6 Conserving + Enhancing the Built Env T1 Transport Safety T15 Cycling T20 Compliance with Car Parking Standards T21 New Development and On-Street Parking LONDON PLAN JULY 2012 LP 3.10 Definition of affordable housing LP 3.11 Affordable housing targets LP 3.3 Increasing housing supply LP 3.4 Optimising housing potential LP 3.5 Quality and design of housing development LP 3.8 Housing choice LP 5.1 Climate change mitigation LP 5.11 Green roofs and development site environ LP 5.13 Sustainable drainage LP 5.18 Construction, excavation and demolition LP 5.2 Minimising carbon dioxide emissions LP 5.3 Sustainable design and construction LP 5.7 Renewable energy

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LP 7.4 Local character LP 7.6 Architecture LP 8.2 Planning obligations LDF CORE STRATEGY CORE POLICIES CS 01 Climate Change Mitigation CS 05 Reducing the Need to Travel CS 06 Sustainable Travel CS 07 Managing Vehicle Use CS 08 Character, Heritage and Design CS 10 Housing Delivery LDF CORE STRATEGY DEVELOPMENT MANAGEMENT DM01 Sustainable Design and Construction Stan DM02 Low Carbon Development DM08 Sustainable Transport for new Development DM09 Managing Vehicle Use for New Development DM10 Design Requirements for New Developments DM11 Design Approach DM13 Housing Quality and Mix LDF CORE STRATEGY IMPLEMENT POLICIES IMP3 Securing Infrastructure

Previous Relevant History

89/1754/FUL Erection of 34 lockup garages Permit 5 Year Condition and Conditions 15/01/1990

2343 54 flats and extension of road. Outline consent 20/09/1955

2653 42 garages Conditional consent 22/06/1956

Consultations

1. Neighbour Notification - 493 surrounding owner/occupiers have been consulted as part of this application. 37 letters and a petition of 50 signatures objecting to the application and 1 letter of support have been received. Concerns raised in the objections include:

(a) Proposed building is incongruous compared to the surrounding buildings;

(b) The proposed building is not in keeping with the surrounding area or sky line;

(c) Existing buildings on South Terrace are three storey's of a more conventional brick and tile construction, and not more than 3 storey's in height. A 4 storey, flat roof buildings would not be in keeping;

(d) The proposed development fails to adhere to any of the design features of the surrounding buildings;

(e) Development is too dense for the site; (f) Overshadowing on neighbouring properties, particularly No's 22

& 24 South Terrace;

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(g) Loss of light to No's 22 & 24 South Terrace; (h) Loss of privacy to surrounding residents; (i) Loss of outlook; (j) The loss of garages and erection of flats will add more problems

to the existing parking demand. Although parking bays in South Terrace and permit controlled this does not extend into the evening whereby the new residents could park on the street thus adding to the pressure;

(k) Noise from increase in traffic would be detrimental to living conditions;

(l) Traffic flow around South Terrace is already a problem and the development would exacerbate this;

(m)Increase in traffic will make South Terrace less safe, particularly for children and the elderly;

(n) Concerns are raised regarding construction vehicles; (o) Concerns from subsidence;

2. The letter of support received states that they are impressed by the overall design of the scheme and are encouraged by the increased overlooking of the public footpath to the station.

3. Council Housing Officer - Council Housing Officers are disappointed at the provision of 3 affordable shared ownership units. The viability assessment undertaken by BNP Paribas demonstrates that 4 affordable shared ownership units would be viable for this scheme. Although reluctantly, we do agree to the provision of 3 units being provided on site with the proposed review mechanism. Details of this review mechanism will need to be agreed and Housing will not accept any mechanism that could possibly reduce the provision from 3 units.

4. Neighbourhood Traffic Engineer - (a) Parking - The developer is proposing 16 parking spaces

allocated for residents of the proposed development, which complies with the London Plan standards. To reduce parking pressure due to the loss of the existing garages, the developer is allocating 3 parking spaces within the 19 parking spaces on the landscaped forecourt area as replacement parking for existing garage users. Also, the developer is providing two garages spaces in South Terrace as a relocation for existing garage users. Parking provision is considered acceptable on the provision that: (i) the developer should be required to provide a car parking

management plan. (ii) If planning consent is granted, a legal Agreement should be

entered into covering a requirement to preclude residents from applying for on street residents parking permits and for permits to park in Council-owned car parks in the area; and a requirement to inform potential buyers/tenants of the above exclusion and to publicise the lack of parking provision in sales brochures.

(b) Cycle Parking - 16 spaces is acceptable. (c) Public Realm Improvements - The proposed public realm

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improvements to the existing public footpath are welcomed and a contribution towards the surfacing and lighting of this footpath should be sought as a section 106 contribution.

(d) Travel Plan - The submitted framework travel plan is acceptable. The framework travel plan proposes to submit a full travel plan for approval within 3 months of the first occupation of the development and it is recommended that this be secured by the following condition.

(e) Drainage - Drainage channel or other drainage proposal should be installed by the rear pedestrian access to the public footpath leading to the station. The existing drainage channel along the eastern footpath should be renewed and be connected to the existing gully at the northern end. This can form part of the footpath improvements and / or the new boundary treatment. We support the developer promotion of gullies and drainage channels in addition to using 'porous paving system' to drain away surface water, to avoid the potential for surface water flooding in the event of an extreme storm event.

(f) A number of further conditions and informative's have been suggested.

5. Landscape and Tree Technician - The Arboricultural Report and Method Statement addresses tree concerns although some minor amendments are required. As such, conditions should be applied to any consent securing a tree protection plan and landscape plan.

6. Climate Change and Sustainability Officer - (a) The Sustainability Statement should be revised to demonstrate

how the development will meet the requirements of the Code for Sustainable Homes Level 4.

(b) The energy statement provided is sufficient, the development should therefore be designed and built in accordance to this document subject to planning approval.

(c) A number of conditions and informative's have been proposed.

7. Borough Valuer - No observations.

8. Environmental Health Officer - The submitted acoustic report is robust and follows the expected noise measurement and calculation protocol. The conclusion made is consistent with the location and providing that the suggestion made in paragraph 5.5 of the report is undertaken the scheme should provide an adequate level of protection for the future occupiers. Conditions are therefore proposed.

9. Thames Water - No objection.

10. Network Rail - No objections are raised.

Site and Surroundings

11. The application site concerns an area of land (approximately 0.2 ha) on the western end of South Terrace, currently occupied by 44 single storey garages and a small triangle of waste land. To the north west of the site is

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the railway line and a pathway that leads down to Surbiton Railway Station to the south west. To the south, east and north east of the site is wholly residential.

12. Vehicular access to the site is from South Terrace which is a loop road connecting onto Ewell Road in two locations. South Terrace is a largely single lane road given the predominance of on street parking. The application site is located within the Oak Hill Controlled Parking Zone (CPZ).

13. The character of the area is diverse and includes a number of listed buildings and conservation areas. The application site itself consists of hardstanding and 44 poor quality single storey garage units. South Terrace and the residential buildings to the south in South Bank and Hazelwood Court generally consist of three storey buildings with large mono-pitched roof forms. South Terrace itself has two distinct characteristics. To the west of No 7 South Terrace (Romsey Lodge), following the bend of the southern part of the road around to Ewell Road the dwellings are generally of a 'townhouse' design. This involves three storey buildings constructed of red or yellow brick with tile hung sections on the upper floors and single storey porch/canopies on the front elevations.

14. No's 1 - 7 South Terrace, on the north arc of the road, are all listed buildings. The listing description is of mid 19th century symmetrical linked terraces, which have been altered in the past. Each terrace (nos 2-4 and 5-7) has a 3 window centre, recessed 1 window wings and one window sides. There are entrance bays with central arched carriage entrances; No 7 has a 2 window extension now converted into flats. The buildings are generally characterised by yellow stock brick and centre blocks with rusticated stucco dressings. There are cornices with pierced parapets above and blocking courses and attic sill strings cornices at 1st floor level. The characteristics of these buildings are clearly separate to others in South Terrace.

15. South Terrace is a narrow road which is accessed in two locations from Ewell Road. This area of the borough forms park of the Oakhill Controlled Parking Zone (CPZ). The road is further narrowed by on street parking which is heavily controlled through permit holder bays and footway parking exemptions.

16. The application site has a Public Transport Accessibility Level (PTAL) of 5 (Very Good) given the close proximity of Surbiton Train Station and a number of both routes in Surbiton Town Centre and along Ewell Road.

17. The land running parallel to the train line to the north west of the site is classified as a protected habitat.

Proposal

18. The proposal relates to the demolition of the 44 existing single storey garages on the site and the erection of a 4 storey building comprising 16 individual flats, 4 on each floor. Each dwelling would comprise 2 bedrooms, 2 bathrooms, a kitchen and a living/dining room. Each dwelling would have an external patio/balcony facing the railway and would be accessed via two cores which consist of one lift and a stairwell in each.

19. The proposed building is divided into two distinct sections. This is described in the applicants Design and Access Statement as a cranked

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block, articulated in the centre. This results in a front elevation 21.7 m in length either side of the central column. The depth of the proposed building varies between 8.4 m - 11 m given the balconies and projection of architectural features for the stairwells. The 4 storey building would have a flat roof varying between 11.2 m - 11.7 m in height and each length of building would have a rectangular central stairwell which would project in forward of the main front elevation and would extend 1.5 m above the roof line.

20. The proposed dwellings would vary in their internal floor areas. 4 units would be 65.4 sq m, 8 units would be 76.7 sq m and the 4 remaining units would be 77.5 sq m.

21. The vehicular access to the site would be via South Terrace using the existing single lane into the garage site. Pedestrian access would also be available via the existing footpath to the rear of the site which runs down to Surbiton Train Station and the town centre. The proposal involves 19 surface level car parking spaces which includes 2 Blue Badge holder spaces. A bin store is proposed in the south eastern corner of the site and a cycle storage (16 spaces) unit is proposed along the southern boundary. The remainder of the site consists of shared amenity space.

Assessment

The main considerations material to the determination of this application are:

• Principle of Proposed Development

• Impact on Character of Area

• Impact on Neighbour’s Residential Amenity

• Highways and Parking

• Trees

• Legal Agreements

• Sustainability

• Other Material Considerations

Principle of Proposed Development

22. Policy H2 of the Councils UDP states that 'within residential areas the residential use of land will normally be an acceptable use, and the Council will seek the replacement of environmentally harmful uses with a residential use or other use compatible with the area where this is consistent with other plan policies.

23. The area surrounding the application site is overwhelmingly characterised by residential development, except for the railway line to the north west. This would generally indicate that the residential use of the site is broadly compatible with the surrounding area. However, the site consists of 44 garages which were originally intended to be used for as parking for these surrounding residents and the site was therefore ancillary to the residential use of the area. As such, it is imperative that the application demonstrates that the loss of the garages would not lead to an unacceptable loss of parking provision in the area to the detriment of highway safety and residential amenity.

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Impact on Character of Area

Density

24. The application proposes 16 residential units. The site has a PTAL of 5 (Very Good) and an area of approximately 0.2 ha. As such, the proposed density of the proposal would be 80 u/ha. Policy 3.4 of the London Plan (July 2011) sets out the sustainable residential quality density matrix. Within this matrix it states that a for an urban area with a PTAL of 5 an acceptable density would be between 70-260 u/ha. A density of 80 u/ha is at the bottom end of this matrix and is therefore considered to be acceptable.

Scale

25. Surrounding the application site is South Terrace to the east, Bramshott Court to the south, Hazelwood Court to the south east and South Bank Lodge to the south west. Whilst Hazelwood Court consists of 2 storey buildings, South Terrace, South Bank Lodge and Bramshott Court are all three storey buildings with either gable flanked duel pitched roofs or hipped roof forms. The proposed building would be 4 storey's in height with a large flat roof. Whilst the scale of the building would be larger, and more 'top heavy' than the surrounding buildings that display more traditional roof forms, the overall height of the building would not be greater than the ridge height of the neighbouring properties, although the central columns in each wing would be greater in height by 1.5 m. Whilst the flat roof form results in a bulkier building than those in surrounding roads, it is considered that the scale does not cause harm to the character and appearance of the area. Given that the overall height is in line with the properties on South Terrace, the variety in roof profile is considered to add diversity to the appearance of the street scene and does not harm the setting of the existing buildings surrounding the site.

Appearance

26. The proposed building is described by the Design and Access statement submitted with the application as a cranked block. The design of the building has two wings which demonstrate a level of symmetry to give continuity to the design. The proposed blocks are of a simplistic and 'unfussy' design. The general architectural characteristics displays clean horizontal lines, which are broken up by the central columns in each wing, whilst the varied use of materials (brick at ground floor; render between first and second floors; and coloured cladding to the third floor) also adds to the overall design. The application claims to have used the Art Deco character of Surbiton Railway Station to develop this scheme whilst seeking to remain sympathetic to the characteristics of South Terrace. The elevations of the proposed building have been designed to create an interesting facade with a blend of materials and glazing features. The change in materials seeks to emphasise the horizontal vernacular of the building which would create a strong identity for the building.

27. Each wing of the building has a central rectangular feature which

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projects in front of the main elevation by 1.8 m. On the front elevation these central columns have 3 narrow glazing strips extending between the first to third floors with an entrance on the ground floor. This is considered to be the main feature which relates the building to Surbiton Station. Set below the parapet wall of the main roof is an extended cornice which emphasises the horizontal cleanliness of the building. On the south western end of the building there is a curved projection with a vertical emphasis through the narrow use of glazing.

28. A number of concerns have been raised regarding the appearance of the building as it is not considered to relate to the existing architectural characteristics of the buildings within South Terrace. The 3 storey townhouse properties in South Terrace are characterised by their red brick construction, with tile hung sections on the front and rear elevations. Whilst these observations are not incorrect the test from a planning perspective is whether the proposal either conserves or enhances the built environment. The proposed building would stand alone in this area in terms of design. However, the design is not considered to harm the overall character of the area or appearance of the street scene. The building would add some diversity to the prevailing character and the contemporary design is considered to compliment the old with the new. In the event of an approved decision, it is considered appropriate to ensure that all external material samples are submitted to the Council and further details are submitted showing the window designs and general elevational treatment. In conclusion, it is considered that the proposed building would represent an enhancement to the character of the area. Whilst the modern design is not strictly in keeping with the prevailing character, it is considered to compliment the old with the new. The design is clean and crisp and is not overly fussy. Accordingly, the proposal is considered to comply with Policies STR6 & BE11 of the Councils UDP and Policies DM10 & DM11 of the LDF Core Strategy (Submission Version May 2011).

Impact on Neighbours’ Residential Amenity

29. The application site is bounded on three sides by residential properties. The closest to the site being No's 20, 22, 24, 26, 28 & 30 South Terrace; 19 - 30 South Bank Lodge; and the northern end of Bramshott Court.

Outlook

30. In the northern elevation of windows in South Bank Lodge are a number of windows, both habitable and non-habitable. At present South Bank Lodge looks directly out onto the area of scrub land and down onto the railway line. The southernmost corner of the proposed building would be approximately 12.5 m from the nearest window at South Bank Lodge. In relation to these windows, the proposed building would be set to the north east. At present there is a Sycamore tree on the shared boundary. Given the north easterly aspect of the proposed building, the separation distance and the

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presence of the existing sycamore tree, it is considered that the proposed building would not have a detrimental impact upon the outlook of dwellings within South Bank Lodge. The nearest windows would maintain a large open aspect to the north and north west, thus maintaining openness.

31. The southern elevation of the proposed building would be approximately 18 m from the northern elevation of Bramshott Lodge. This elevation does not have any habitable room windows and is largely obscured by the existing Sycamore and Oak trees. As such, it is considered that the proposed building would not have a detrimental impact upon the outlook of Bramshott Lodge.

32. In the flank elevation of No's 20, 22 & 24 South Terrace is 1 narrow first floor window which appears to serve a landing. The proposed building would maintain a gap of 5.8 m from the south flank elevation of this building. When taking a 45 degree line from the centre of the rear habitable room windows of these dwellings the proposed building would not breach this line. The proposed building would be visible from the rear gardens of No’s 20, 22 & 24 South Terrace but given the separation and potential landscaping, the impact is considered to be acceptable. As such, it is considered that the proposed building would not have a detrimental impact upon their outlook.

33. No's 26, 28 & 30 South Terrace have bowed framed windows which would directly face the front elevation of the proposed building. Separating these elevations would be a distance of 17.8 m. These windows are not the principal windows to a habitable room and it is considered that at a distance of 17.8 m there would not be a serious loss of outlook to these dwellings.

Privacy

34. With regards to South Bank Lodge, the proposed building would not have any habitable room windows which would look directly into habitable room windows of the existing dwellings. The curved projection of the building on the south western elevation could potentially lead to a minor loss of privacy and it is therefore considered appropriate to ensure that these windows are obscurely glazed in the event of an approved decision.

35. Bramshott Court does not have any windows in its northern elevation. Existing trees also screen Bramshott Court from sight of the proposed development.

36. In the northern wing of the proposed building there would be bedroom and kitchen windows which overlook the rear gardens of properties along the southern side of South Terrace. However, the nearest garden would be 20 m to the west of these gardens and given the prevailing development pattern which allow mutual overlooking from the terraced properties, it is considered that the proposal would not result in a loss of privacy on these dwellings.

37. With regards to No's 20, 22 & 24 South Terrace, there would not be a loss of privacy. The proposed building would not have any windows in

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its northern flank elevation and the Juliet balconies situated in the chamfered corner are of an angle as to not directly overlook these properties.

Daylight

38. When considering the impact of a proposal on daylight to surrounding properties, it is the Vertical Sky Component (VSC) which establishes the amount of daylight enjoyed on the face of a window. British Research Establishment guidelines state that if the VSC calculated at the centre of each window is 27% or more, then enough skylight should be reaching the window.

39. As part of the application a Daylight and Sunlight Report has been submitted.

40. Within South Bank Lodge the ground floor windows would be the most impacted. At present their VSC on the two ground floor windows nearest the development are 37.4 and 38.05 respectively. The proposed development would reduce the daylight to these windows to 30.89 (17.4 % loss) and 32.89 (13.6 % loss). Nevertheless, the VSC remains above the minimum and the proposal is not therefore considered to have a detrimental impact upon the daylight to this building.

41. Given the orientation of the main windows (east to west) in Bramshott Court the VSC of any window would not reduce below 34.04.

42. No' 26, 28 & 30 South Terrace, to the east of the site, would experience a loss of daylight primarily to the ground floor window. The existing VSC is 36.79 which would reduce to 29.49 (19.8 % loss) as a result of the proposed building. However, this remains above the minimum threshold.

43. No's 20, 22 & 24 South Terrace would be the most impacted, with regards to loss of light, from the proposed development given its orientation to the north of the site. The ground floor window nearest the development has an existing VSC of 29.63. This would reduce to 27.62 as a result of the development. The first floor window would also reduce to 28.65. These values are close to the level of acceptability but stay above the threshold of 27. As such, no objection is raised in this regard.

Noise

44. The existing use of the application site is for 44 garages. The use of the site for residential purposes is more compatible for the prevailing use of the surrounding area. It is therefore considered that the proposal would not result in a use which would cause harm to residential amenity in terms of noise.

Residential Amenity of Proposed Building and Future Tenants

45. All of the proposed residential units comply with the Replacement London Plan (July 2011) minimum internal space standards and all have outdoor balconies/patios for private amenity space. The area

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surrounding the building will also be available as communal amenity space. As such, the proposal is considered to be of an acceptable standard.

46. A noise assessment has been submitted as part of the proposal given the proximity of the railway line from the proposed development. Noting the Councils Environmental Health Officers comments, it is considered that the proposals put forward in the assessment to install acoustic ventilation in the elevation fronting the railway are acceptable and should be conditioned in the event of an approved decision.

47. In conclusion, the proposed building is considered to be of a design, scale and siting which would preserve the amenities of the neighbouring properties and would form an acceptable standard of accommodation for future residents. The proposal is therefore in accordance with Policies H1 & BE12 of the Councils UDP, Policy DM10 of the LDF Core Strategy (Submission Version May 2011) and Policy 3.5 of the London Plan (July 2011).

Affordable Housing and Housing Mix

48. Policy H9 of the UDP and Policy DM15 of the LDF Core Strategy require that 50% of the units proposed be provided as affordable housing. In accordance with the advice in the Affordable Housing Supplementary Planning Document, should the 50% provision of affordable housing not be provided, a development appraisal will need to be submitted as part of an affordable housing statement which demonstrates the maximum reasonable proportion of affordable housing that can be provided in this case and to justify a departure from Policy H9 of the UDP and Policy DM15 of the LDF Core Strategy.

49. As part of the application a Viability Appraisal has been submitted which has been independently assessed by BNP Paribas.

50. From the outset of this application the applicant proposed no affordable housing provision within the proposal as it was unviable. BNP Paribas’ assessment then concluded that 25% (4 units) of the units could be provided as shared ownership units. Since receipt of this assessment the applicant has revised their offer to include a payment of the equivalent of 2 shared ownership units. This was not considered to be an acceptable level of provision. Further negotiation has therefore taken place.

51. The current application proposes 3 x 2 bedroom shared ownership units to be provided (18.75 % of total) as affordable. In reaching agreement for this level of provision Council Officers and the Applicant could not come to agreement as to the possible Capital Value of the proposed units when complete and on the market. In the interests of reaching an agreement both parties settled on a final capital value whereby the viability assessment indicated that 3 shared ownership units were viable. In coming to this agreement it should be stipulated within any legal agreement, in the event of an approved decision, that a review mechanism should be in place to assess the financial viability of

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the development post completion. This could possibly result in a further payment in lieu towards Affordable Housing provision in the borough.

52. Council Housing Officers are disappointed that a 25% provision has not offered but agreement has been reached in order to move this application forward.

53. The applicant has confirmed a willingness to provide such a legal agreement. Subject to such an agreement being received the proposal is considered to be acceptable.

Housing Mix

54. Core Strategy policy DM13 (b) also seeks to ensure that all new residential developments incorporate a mix of unit sizes. Specifically, the policy states that 30% of all new units should be 3 or more bedroom unit, unless it can be robustly demonstrated that this would be unsuitable or unviable. The application submitted states that the provision of 3 bedroom units on this site is both unsuitable and unviable for the following reasons:

(a) The site is located on the edge of Surbiton Town Centre and immediately adjacent to the railway station which makes this an ideal location to provide accommodation for younger people / first time buyers who would benefit from the excellent accessibility of the site which, in turn, reduces the need for private car-based forms of transport;

(b) The viability of the project is extremely marginal particularly given uncertainties in the housing market and wider economy. Having taken advice from local agents it has been confirmed that the overwhelming demand in this location is for 2 bed units and that the demand for 3 bed flatted units is negligible / non-existent. As a consequence of these market conditions the provision of larger unit types within the scheme would have a significant impact upon the viability of the project which would, in turn, further prejudice the ability to deliver affordable housing within the scheme.

(c) Due to the physical shape of the site combined with the need to respond to neighbouring buildings the amenity space within the proposal is best suited to a communal garden which will provide a visual and recreational amenity for all residents. All the proposed units have a small balcony or terrace area. However, the introduction of larger family sized units would require the sub-division of the landscaped area into private gardens which would have a detrimental impact on the quality of the landscaped amenity space in both visual and functional terms.

(d) The application proposals have been designed in response to the site's close proximity to the town centre and station and the level of car-parking within the scheme seeks to strike an appropriate balance between encouraging sustainable development objectives and ensuring there is no adverse impact upon neighbouring roads. The introduction of family sized units would require the introduction of additional car-parking on site which would result in: (a) an increased number of car

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movements on South Terrace; and (b). a reduction in site area available for development which would further reduce the viability of the scheme thus prejudicing the provision of much needed new homes.

55. Taking into account the reasons put forward above it is considered that the provision of 3 bedroom units in this location is not suitable. The cumulative effect of the increase in car parking provision, vehicular movements, amenity space and a possible reduction in the scheme viability mean that no objection is raised with regards to Core Strategy Policy DM13 (b).

Highways & Parking

56. The application site consists of 44 individual garages. Planning history for the site shows that in 1956 (LPA ref: 2653) 42 garages were approved subject to a condition stating that 'No garage building hereby permitted shall be used for a purpose other than that of a domestic store and tool shed and private garage for housing motor vehicles'. A further application was then permitted on site in January 1990 (LPA Ref: 89/1754/F/JS) for the erection of 34 lock up garages which involved the demolition of some of the garages on the site and their rebuild. This application was subject to a condition that 'The use of the garages shall be restricted solely to the garaging of motor vehicles for the sole benefit and personal enjoyment of the occupant of the dwelling houses within a radius of a quarter of a mile and for no other purposes whatsoever'. It is clear from the planning history that the use of these garages was originally ancillary to the residential use of the surrounding area. As such, it must be demonstrated within this application that the loss of these garages would not have a detrimental impact upon parking and highway conditions in the surrounding area.

57. As part of the application, a Transportation Statement; Parking Survey Report; and Residential Travel Plan Framework have been submitted.

58. The Parking Survey, undertaken by Stilwell Partnership, was carried out on Thursday 17th March 2011 between 21:00 - 21:30. At this time the Parking Survey demonstrates that all permit parking spaces on South Terrace were occupied and there were even some cars parked illegally, thus indicating that South Terrace has a high parking demand and is already above capacity.

59. With regards to the use of the existing garages, evidence has been provided over a 10 year period as to their occupancy trends. In 2002 the void rate stood at 18% (8 garages); 5 years later (2007) it stood at 23% (10 garages) and in February 2011 it stood at 43% (19 garages). This shows a continuing declining trend in the occupation of the garages even though they continue to be marketed. At present, 25 garages are occupied with 8 of these being occupied by residents of South Terrace. Of these 8 it is considered that 5 of these tenants would be inconvenienced, in terms of parking, from the loss of garages. The owners of these garages also own other garage sites

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within the Surbiton area. In order to mitigate the loss of the garages it is proposed to offer vacant garages on these plots to existing tenants. In particular, there are two vacant garages elsewhere within South Terrace which can be used for South Terrace residents.

60. The application proposes to include a surface level car park consisting of 19 spaces. 16 of these spaces are proposed for the new residential development, thus equating to 1 space per unit, and the 3 remaining spaces are to be designated for other residents of South Terrace who currently own garages. This proposed parking provision accords with the maximum parking standards as set out in the Councils UDP and the London Plan (July 2011).

61. The proposal site is also well served by public transport. The rear entrance to Surbiton Station is within a 5 minute walk of the site using the public footpath. This footpath also leads to Surbiton Town Centre where there are a number of bus routes. There are also 6 bus routes (281, 406, 418, 665, 965 & K2) along Ewell Road to the east of the application site.

62. Noting the Councils Neighbourhood Traffic Engineers comments, it is considered that the parking provision proposed is acceptable and the 3 additional spaces, along with other garage sites in and around South Terrace, mean that the loss of the garages is acceptable. Nevertheless, in order to safeguard parking provision in South Terrace it is considered appropriate, in the event of an approved decision, to condition the application to provide a car parking management plan; and to restrict any future occupiers of the proposed development from applying for on-street parking permits and for permits in Council owned car parks. Subject to these stipulations, it is considered that the development is acceptable in terms of parking provision and the subsequent impact upon parking conditions in South Terrace and the surrounding area.

63. A number of concerns have been raised regarding the impact of the development on highway safety, particularly as South Terrace contains a number of families with young children who often use the street as recreational space. The existing use of the site is for 44 garages whilst the proposal includes 19 spaces. Although the site historically is underutilised, the use of the site for 44 vehicles could take place with 24 hr access. The proposed application reduces this to a maximum of 19 vehicles accessing the site regularly. Whilst this may result in an increase in activity from the present use of the site, it is below the potential vehicular activity of the site if all garages were occupied. As such, it is considered unreasonable to refuse the application on the grounds of highway safety from an increase in traffic.

64. The applicant has demonstrated through swept path diagrams that the existing access to the site is adequate for refuse and construction vehicles.

65. 16 cycle parking spaces have been proposed within the development. This provision accords with the Council and the London Plan

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standards.

Trees

66. The application site as it exists can be defined in two areas. The existing hard standing area with the 44 garages does not have any trees within these boundaries. However, there is a triangular area of scrub land between the garage site and the footpath leading down to Surbiton Station. This area of land does have a number of trees, albeit non are considered worthy of protection.

67. To the south of the site are two tree's (an Oak and a Sycamore) which are subject to Tree Preservation Orders (TPO's) within the grounds of Bramshott Court. These tree's are within such a proximity to the site as to warrant protection from the proposed development. There is also a second sycamore tree off the southern boundary, within Bramshott Court, which is not subject to a TPO.

68. The proposed bin store, part of the cycle store and car parking spaces 13 - 19 are located within the canopy spread of the protected tree's within Bramshott Court. The applicants Arboricultural Report and Method Statement states that all trees to be retained will be protected by barriers to the recommendations of British Standards (Section 9 BS5837:2005). The report also states that where the parking spaces or other hard landscape features are within the root protection area (RPA) of retained trees, they will also be subject to British Standards (BS5837:2005).

69. Noting the Councils Landscape and Tree Technician comments, the aims and methods proposed within the applicants report are broadly acceptable. Slight amendments are suggested and these could be secured through conditions if the application were to be approved.

70. At this stage, no landscaping plan has been submitted for the application. However, it is considered that there is sufficient space within the site to accommodate a number of trees. As such, in the event of an approved decision it is considered appropriate to apply conditions relating to landscaping details. These conditions should include details of all boundary treatments.

Legal Agreements

71. A legal agreement would be required securing a financial contribution of £66,270, in the event of an approved decision. This would include contributions towards:

(a) £48,000 for Educational facilities. This is based on 16 x £3000, as required for 2 bedroom units as per the Councils SPD 'Planning Obligations' (March 2011).

(b) £12,000 for the reconstruction of the highway accessing the site.

(c) £4,000 for the re paving for the footpath to the northern and eastern ends of the site.

(d) £1,770 for improved lighting to the footpath.

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(e) £500 towards pedestrian signage to the station, library and town centre.

72. A legal agreement, in the event of an approved decision would also preclude future residents from applying for on-street parking permits.

73. Policy H9 of the UDP and Policy DM15 of the LDF Core Strategy require that 50% of the units proposed be provided as affordable housing. In accordance with the advice in the Affordable Housing Supplementary Planning Document, should the 50% provision of affordable housing not be provided, a development appraisal will need to be submitted as part of an affordable housing statement which demonstrates the maximum reasonable proportion of affordable housing that can be provided in this case and to justify a departure from Policy H9 of the UDP and Policy DM15 of the LDF Core Strategy.

74. As part of the application a Viability Appraisal has been submitted which has been independently assessed by BNP Paribas.

75. The current application proposes 3 x 2 bedroom shared ownership units to be provided (18.75 % of total) as affordable. In reaching agreement for this level of provision Council Officers and the Applicant could not come to agreement as to the possible Capital Value of the proposed units when complete and on the market. In the interests of reaching an agreement both parties settled on a final capital value whereby the viability assessment indicated that 3 shared ownership units were viable. In coming to this agreement it should be stipulated within any legal agreement, in the event of an approved decision, that a review mechanism should be in place to assess the financial viability of the development post completion. This could possibly result in a further payment in lieu towards Affordable Housing provision in the borough.

76. The applicant has confirmed a willingness to provide such a legal agreement in accordance with UDP Policy RES8 and Policy IMP3 of the LDF Core Strategy. Subject to such an agreement being received the proposal is considered to be acceptable.

Sustainability

77. Policy 5.2 of the 2011 London Plan states that the development would be expected to achieve Code for Sustainable Homes Level 4.

78. As part of the application an Energy Statement and Sustainability Statement have been submitted by AJ Energy Consultants Ltd. The sustainability statement concludes that the development would comply with Level 3 of the Code for Sustainable Homes criteria. However, there is a slight anomaly in that the Viability Study accompanying the application indicates that Level 4 would be achieved. As such, conditions requiring the submission and approval of an initial design stage assessment by an accredited assessor for the Code for Sustainable Homes (CSH) and an accompanying interim certificate stating that the proposed dwelling has been designed to

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achieve Level 4 of the Code and prior to the occupancy of the development a Code for Sustainable Homes post construction review being carried out within 1 year of construction of the development and a Final Code for Sustainable Homes Level 4 certificate being submitted to and approved in writing are considered to be appropriate were the application to be approved. The Energy Statement also concludes that the incorporation of the energy efficiency measures and air source heat pumps equates to a reduction of 44.1% against the Total Energy Requirement (TER) 2010 for the residential units, which exceeds the mandatory energy requirements for Code 4 under the Code for Sustainable Homes Assessment.

79. Noting the Councils Climate Change Officers comments, it is considered that the proposal is acceptable subject to the use of appropriate conditions securing the implementation of the sustainability measures and the CSH Level 4 requirement.

Other Material Considerations

Housing Mix

80. Core Strategy policy DM13 (b) also seeks to ensure that all new residential developments incorporate a mix of unit sizes. Specifically, the policy states that 30% of all new units should be 3 or more bedroom unit, unless it can be robustly demonstrated that this would be unsuitable or unviable. The application submitted states that the provision of 3 bedroom units on this site is both unsuitable and unviable for the following reasons:

(a) The site is located on the edge of Surbiton Town Centre and immediately adjacent to the railway station which makes this an ideal location to provide accommodation for younger people / first time buyers who would benefit from the excellent accessibility of the site which, in turn, reduces the need for private car-based forms of transport;

(b) The viability of the project is extremely marginal particularly given uncertainties in the housing market and wider economy. Having taken advice from local agents it has been confirmed that the overwhelming demand in this location is for 2 bed units and that the demand for 3 bed flatted units is negligible / non-existent. As a consequence of these market conditions the provision of larger unit types within the scheme would have a significant impact upon the viability of the project which would, in turn, further prejudice the ability to deliver affordable housing within the scheme.

(c) Due to the physical shape of the site combined with the need to respond to neighbouring buildings the amenity space within the proposal is best suited to a communal garden which will provide a visual and recreational amenity for all residents. All the proposed units have a small balcony or terrace area. However, the introduction of larger family sized units would require the sub-division of the landscaped area into private gardens which would have

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a detrimental impact on the quality of the landscaped amenity space in both visual and functional terms.

(d) The application proposals have been designed in response to the site's close proximity to the town centre and station and the level of car-parking within the scheme seeks to strike an appropriate balance between encouraging sustainable development objectives and ensuring there is no adverse impact upon neighbouring roads. The introduction of family sized units would require the introduction of additional car-parking on site which would result in: (a) an increased number of car movements on South Terrace; and (b). a reduction in site area available for development which would further reduce the viability of the scheme thus prejudicing the provision of much needed new homes.

81. Taking into account the reasons put forward above it is considered that the provision of 3 bedroom units in this location is not suitable. The cumulative effect of the increase in car parking provision, vehicular movements, amenity space and a possible reduction in the scheme viability mean that no objection is raised with regards to Core Strategy Policy DM13 (b).

Accessibility

82. Page 15 of the Planning Statement submitted confirms that the proposal has been designed in accordance with the Lifetime Homes (LTH) criteria. In addition, 10% of the dwellings can meet the Wheelchair Housing Standards. Given that 10% of the proposal would equate to 1.6 units, it is considered appropriate to seek 1 unit for wheelchair housing as per the Councils Housing Development and Home Ownership Managers comments. The wheelchair housing should be secured through the S106 legal agreement whilst details of LTH design criteria should be secured by condition if the application were to be approved.

Refuse Storage

83. The proposed area for refuse storage provision is considered to be acceptable. Nevertheless, in the event of an approved decision details of this storage unit should be provided as part of a conditions application.

Pedestrian Environment

84. The existing footpath which borders the northern and western flanks of the site leading down to Surbiton Station is currently a poorly lit pathway with a high brick wall on one side and an area of scrub land on the other. The proposed building would result in natural surveillance of this pathway and the proposal includes a financial contribution to the lighting of this path. The applicant would also be required, in the event of an approved decision, to submit details of any future boundary treatment alongside this footpath. As such, the proposal is considered to add benefit to the safe use of this public

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footpath.

Reason for Approval

85. The proposed development would not significantly detract from the character of the area or the amenities of surrounding occupiers and would have no adverse impact on highway safety or local parking conditions. Accordingly the proposal complies with Policies H1, H2, H9, T1, T13, T15, T20, T21, BE9, BE11, BE12, BE14, MW3, MW5, MW7, RES3, RES8, STR3 and STR6 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration, Policies 3.3, 3.4, 3.5, 5.1, 5.2, 5.3, 5.7, 6.9, 7.2, 7.3, 7.4, 7.6 and 8.2 of the London Plan and Policies CS1, CS10, DM1, DM8, DM9, DM10, DM11, DM13, DM15 and IMP3 of the Local Development Framework Core Strategy (Submission Draft May 2011).

Recommendation:

Approve subject to the completion of an agreement under Section 106 of the Town and Country Planning Act 1990 (as amended), as specified in the above legal agreements section, and the following condition(s):

1 The development hereby permitted shall be commenced within 3 years from the date of this decision.

Reason: In order to comply with Section 91 of the Town and Country Planning Act, 1990. (As amended)

2 The proposal shall built in accordance with the approved plans as listed below:

2074-E02 Existing sections and elevations

Received 18/07/2011

2074-E02 Existing site survey Received 18/07/2011

2074-P01D Floor Plans & Areas Received 13/10/2011

2074-P02F Site plan Received 13/10/2011

2074-P03D Site External Works Received 13/10/2011

2074-P04C Ground & First Floor Plans

Received 13/10/2011

2074-P05C Second & Third Floor Plans

Received 13/10/2011

2074-P06C Elevations Received 31/10/2011

2074-P07C Elevations & Sections Received 31/10/2011

Arboricultural Report & Method Statement

Received 18/07/2011

Daylight & Sunlight Report Revised Received 13/10/2011

Design & Access Statement Received 18/07/2011

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Drainage Statement Received 18/07/2011

Ecological Appraisal Received 18/07/2011

Energy Strategy Received 18/07/2011

Noise Assessment Received 18/07/2011

Parking Survey Report Received 18/07/2011

Planning Statement Received 18/07/2011

Residential Travel Plan Framework Received 18/07/2011

Site location plan Received 01/08/2011

Sustainability Statement Received 18/07/2011

Transportation Statement Received 18/07/2011

Viability Study Received 18/07/2011

Reason: To ensure the proposed development is built in accordance with the approved plans.

3 Before any works commence on-site, the following details shall be submitted to and agreed in writing by the local planning authority before the development commences. The building shall then be constructed in accordance with these agreed details:

(a) Samples of all external materials comprising roof cladding, wall facing materials and cladding, window glass, door and window frames, decorative features, signs/building names, rainwater goods and paving.

(b) Elevation drawings, plans, roof plans, and sections at 1:100 scale of all the buildings, sample elevations and sections at 1:20/10 scale of screens, windows and doors and parapets.

(c) Drawings at 1:10/1:20 scale of sectional profiles of the window and door frames, cornices, string courses and other decorative moulding's.

(d) Detailed drawings indicating the means of screening roof mounted plant and equipment.

(e) Details of sedum roof planting.

Reason: To ensure a satisfactory appearance on completion of the development in accordance with Policies BE11 (Design of New Buildings and Extensions) and STR6 (Conserving and Enhancing the Built Environment) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011.

4 Before any occupation of the residential units, the windows in the south western (on the curved projection) elevation and situated on all floors of the building hereby permitted, shall be constructed so that no part of the framework shall be openable and shall be fitted

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with, and retained in, obscure glazing of a patterned type only.

Reason: To protect the amenities and privacy of the occupiers of the adjoining residential properties in accordance with Policies BE12 (Layout and Amenity of Buildings and Extensions) and H1 (Protection of Residential Amenities) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011.

5 A Car Park Management Plan demonstrating how the use of the car park will be controlled and detailing the signage necessary within the site to direct pedestrians and vehicles shall be submitted to and approved in writing by the local planning authority before the development commences. The development shall be carried out in accordance with the approved details.

Reason: In order to safeguard the amenities of the surrounding residential occupiers and to safeguard highway safety and the free flow of traffic in accordance with Policies H1 (Protection of Residential Amenities), STR6 (Conserving and Enhancing the Built Environment) and T1 (Transport Safety) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policies DM9 (Managing Vehicle Use for New Development) and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011.

6 Prior to commencement of the development, a detailed arboricultural method statement and tree protection plan shall be submitted to and approved by the Local Planning Authority. This submission shall include:

(a) A plan to a scale and level of accuracy appropriate to the proposal, that shows the positions, crown spreads and root protection areas (RPA) of every retained tree on site, and on nearby ground or land adjacent to the site, in relation to the approved plans.

(b) A schedule of pre-construction tree works for the above-detailed trees, where appropriate.

(c) Details and positions of the tree root protection zones.

(d) Details and positions of tree protection barriers and ground protection where appropriate.

(e) Details and positions of the construction exclusion zones.

(f) Details and positions of the existing and proposed underground service runs, to be routed to avoid root protection zones where possible.

(g) Details and positions of any change in levels or the positions of any excavations within 5m of the root protection area of retained

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trees.

(h) Details of any special engineering required to accommodate the protection of retained trees (e.g. in connection with foundations, service installation, bridging water features, surfacing).

(i) Details of the working methods to be employed for the installation of drives, paths within the RPA's of retained trees in accordance with the principles of 'No Dig' construction. The details shall be in accordance with British Standard BS: 5837: 2005 sections 9.3, 9.2, 9, 11.7, 5.2.2 and 10 for requirements (c) to (h) inclusive.

The approved protection scheme shall be implemented prior to commencement of any work on site and maintained to the reasonable satisfaction of the Local Planning Authority until the completion of the development.

Reason: In the interests of visual amenities and so that the Local Planning Authority shall be satisfied as to the details of the development in accordance with Policy BE9 (Trees and Soft Landscaping) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011.

7 No development shall commence until a landscaping scheme including where applicable the retention of the existing trees shall have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented within the first planting season following completion of the development and the tree planting and landscaping shall thereafter be maintained for five years to the satisfaction of the Local Planning Authority. Any trees or shrubs which die during this period shall be replaced in the first available planting season, and the area shown to be landscaped shall be permanently retained for that purpose only.

Reason: In the interests of visual amenity and also that the Local Planning Authority shall be satisfied as to the details of the development in accordance with Policy BE9 (Trees and Soft Landscaping) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011.

8 The landscape scheme as previously submitted and approved shall be implemented within the first planting season following completion of the development and the tree planting and landscaping shall thereafter be maintained for five years to the satisfaction of the Local Planning Authority. Any trees or shrubs which die during this period shall be replaced in the first available planting season, and the areas shown to be so landscaped shall be permanently retained for that purpose. Alterations that affect these

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approved landscape details must be previously agreed to in writing by the local planning authority.

Reason: In the interests of visual amenity and also that the Local Planning Authority shall be satisfied as to the details of the development in accordance with Policy BE9 (Trees and Soft Landscaping) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011.

9 Fences, walls or other means of enclosure shall be erected along the boundaries of the site (and individual plots) prior to the occupation of the dwelling to which they relate, in accordance with details which shall have been submitted to and approved in writing by the Local Planning Authority and shall thereafter be permanently retained.

Reason: In order to ensure the privacy of adjoining occupiers and visual amenity of the area is retained in accordance with Policies BE11 (Design of New Buildings and Extensions), BE12 (Layout and Amenity of Buildings and Extensions), H1 (Protection of Residential Amenities) and STR6 (Conserving and Enhancing the Built Environment) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011.

10 Prior to construction of the development a Code for Sustainable Homes Level 4 interim design-stage assessment certificate shall be submitted to and approved by the Local Planning Authority.

Reason: In the interests of sustainability and energy conservation in accordance with Policy MW3 of the Royal Borough of Kingston Upon Thames Unitary Development Plan First Alteration, Policies 5.1, 5.2 and 5.3 of the London Plan (July 2011) and Policy DM1 (Sustainable Design and Construction Standards) of the Local Development Framework Core Strategy Submission Draft May 2011.

11 The development shall be constructed in accordance with details as set out in the Sustainability Statement and Energy Strategy dated June 2011 by AJ Energy Consultants Limited to ensure that the development meets the outlined sustainability measures..

Reason: In the interests of sustainability and energy conservation as set out in Policy MW3 of the Royal Borough of Kingston Upon Thames Unitary Development Plan First Alteration and policy DM1 (Sustainable Design and Construction Standards) of the Local Development Framework Core Strategy (Submission Version May 2011).

12 No construction of any residential unit hereby permitted shall begin until details of the lifetime homes specification/standards have been submitted to and approved in writing by the Local Planning

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Authority.

Reason: In the interests of the wheelchair housing occupants in order to comply with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011, Policy 7.2 (An Inclusive Environment) of the London Plan July 2011 and comply with Supplementary Planning Document 'Access for All' (July 2005).

13 No construction of any residential unit hereby permitted shall begin until details of the wheelchair housing specification/standards have been submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of the wheelchair housing occupants in order to comply with Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011, Policy 7.2 (An Inclusive Environment) of the London Plan July 2011 and comply with Supplementary Planning Document 'Access for All' (July 2005).

14 No development shall take place until details of external lighting have been submitted to and approved in writing by the Local Planning Authority. The external lighting shall be installed in accordance with the approved details and thereby retained as such unless a variation is subsequently submitted to and approved in writing by the Local Planning Authority.

Reason 1: In order that the lighting shall not cause nuisance to nearby occupiers or be a source of danger to road users in accordance with Policies H1 (Protection of Residential Amenities) and T1 (Transport Safety) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011.

15 The development hereby permitted shall not be commenced until details of secure cycle parking facilities for the occupants of, and visitors to, the development hereby approved have been submitted to and approved in writing by the Local Planning Authority. These facilities shall be fully implemented and made available for use prior to the occupation of the development hereby permitted and shall thereafter be retained for use at all times.

Reason: To ensure the provision of satisfactory cycle storage facilities and in the interests of highway safety in accordance with policies T20 and T15 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

16 Refuse storage facilities and recycling facilities shall be provided prior to the occupation of the development hereby permitted in accordance with details which shall have been submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development, such facilities to be

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permanently retained at the site.

Reason: To ensure the provision of refuse facilities to the satisfaction of the Council in accordance with Policies H1 (Protection of Residential Amenities), STR6 (Conserving and Enhancing the Built Environment) and MW2 (Waste and Environment) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011.

17 No gate shall be installed or erected from the entrance of the site off South Terrace.

Reason: In order to retain the open appearance of the area in accordance with Policies BE12 (Layout and Amenity of Buildings and Extensions) and STR6 (Conserving and Enhancing the Built Environment) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011.

18 All plant and machinery shall be enclosed and soundproofed in accordance with a scheme which shall have been submitted to and approved in writing by the Local Planning Authority. Such sound insulation shall be provided before the plant and machinery is brought into use and thereafter permanently retained.

Reason: In order to secure a reduction in the noise emanating there from and in the interests of the residential amenities of the area in accordance with Policies BE12 (Layout and Amenity of Buildings and Extensions) and MW7 (Noise) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011.

19 All habitable rooms with openable windows facing north within the development hereby approved should be provided with acoustic ventilation to enable an adequate air flow within the room without the need to open windows as per the Mitigation Measures as set out in the Noise Assessment (Stilwell Partnership May 2011).

Reason: In order to safeguard the amenities of the occupiers of the dwellings in accordance with Policy MW7 (Noise) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011.

20 No fans, louvres, ducts or other external plant other than those shown on the drawings hereby approved shall be installed without the prior written approval of the Local Planning Authority.

Reason: To safeguard the amenities of the occupiers of the

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neighbouring properties and the visual amenities of the area in accordance with Policies H1 (Protection of Residential Amenities) and BE11 (Design of New Buildings and Extensions) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011.

21 The levels of buildings, roads, parking areas and pathways within the site shall only be in accordance with details which shall have previously been submitted to and approved in writing by the Local Planning Authority before development is commenced.

Reason: To ensure that the appearance and functioning of the development is satisfactory and to safeguard the amenities of adjoining occupiers in accordance with Policies BE11 (Design of New Buildings and Extensions), BE12 (Layout and Amenity of Buildings and Extensions), H1 (Protection of Residential Amenities) and T13 (Facilities for People with Disabilities) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011 and comply with Supplementary Planning Document ‘Access for All’ (July 2005).

22 All works on site shall take place in accordance with the following details which shall have previously been submitted to and approved in writing by the Local Planning Authority prior to the commencement of work: (Specify as Appropriate)

(a) Provision for loading/unloading materials.

(b) Storage of plant, materials and operatives vehicles.

(c) Temporary site access.

(d) Signing system for works traffic.

(e) Measures for the laying of dust, suppression of noise and abatement of other nuisance arising from development works.

(f) Location of all ancillary site buildings.

(g) Measures to protect any tree, shrubbery and other landscape features to be retained on the site during the course of development.

(h) Means of enclosure of the site.

(i) Wheel washing equipment.

(j) The parking of vehicles of the site operatives and visitors

(k) The erection and maintenance of security hoarding.

(l) A scheme for recycling/disposing of waste resulting from demolition and construction works (Major Applications).

Reason: In order to safeguard the amenities of the surrounding

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residential occupiers and to safeguard highway safety and the free flow of traffic in accordance with Policies H1 (Protection of Residential Amenities), STR6 (Conserving and Enhancing the Built Environment) and T1 (Transport Safety) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011.

23 Prior to commencement of any development on site, a Construction Management Plan shall be submitted to the planning authority for written agreement. The development shall only be implemented in accordance with the details and measures approved as part of the construction management plan, which shall be maintained throughout the entire construction period.

Reason: In order to safeguard the amenities of the surrounding residential occupiers and to safeguard highway safety and the free flow of traffic in accordance with Policies H1 (Protection of Residential Amenities), STR6 (Conserving and Enhancing the Built Environment) and T1 (Transport Safety) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011.

24 The site and building works required to implement the development shall be only carried out between the hours of 08.00 and 18.00 Mondays to Fridays and between 08.00 and 13.00 on Saturdays and not at all on Bank Holidays and Sundays.

Reason: To safeguard the amenities of the adjoining residential occupiers in accordance with Policy H1 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011.

25 The garden area as shown on the approved drawings shall be permanently retained as open amenity space for the use of all the occupiers of all flats in the building and for no other purpose. Notwithstanding the provisions of Class A of Part 2 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995, (or any other Order revoking or re-enacting this Order), no walls, fences or any other means of enclosure whatsoever shall be erected so as to subdivide the amenity area shown on the approved drawing.

Reason: To ensure the satisfactory provision and retention of amenity space for use by all the occupiers of the flats as approved in accordance with Policies BE12 (Layout and Amenity of Buildings and Extensions) and STR2 (Residential Environment) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policy DM10 (Design Requirements for New

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Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011.

26 The roof of the building hereby permitted shall not be converted or used as a balcony or a sitting out area, and no access shall be gained except for maintenance purposes.

Reason: To protect the amenities and privacy of the adjoining residential properties in accordance with Policies BE12 (Layout and Amenity of Buildings and Extensions), H1 (Protection of Residential Amenities) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011.

27 No development shall take place until a Waste Minimisation Statement, stating how demolition and construction waste will be recovered and reused on the development site or at other sites, has been submitted to and approved in writing by the Local Planning Authority. The provisions of the approved Statement shall thereafter be fully implemented.

Reason: Reason: In the interests of recycling and sustainability in accordance with Policy 5.18 (Construction, Excavation and Demolition Waste) of the London Plan (2011).

28 Any works/events carried out either by, or at the behest of, the developer, whether they are located on, or affecting a prospectively maintainable highway, as defined under Section 87 of the New Roads and Street Works Act 1991, or on or affecting the public highway, shall be co-ordinated under the requirements of the New Roads and Street Works Act 1991 and the Traffic management Act 2004 and licensed accordingly in order to secure the expeditious movement of traffic by minimising disruption to users of the highway network in Kingston upon Thames.

Any such works or events commissioned by the developer and particularly those involving the connection of any utility to the site, shall be co-ordinated by them in liaison with the Royal Borough of Kingston upon Thames, Street Works Section, (telephone 020 8547 5982). This must take place at least one month in advance of the works and particularly to ensure that statutory undertaker connections/supplies to the site are co-ordinated to take place wherever possible at the same time.

Reason: In order to minimise disruption to road users, be they pedestrians or vehicular traffic, under the requirements of the New Roads and Street Works Act 1991 and the Traffic Management Act 2004. In order to satisfy the licensing requirements of the Highways Act 1980.

29 The burning of any waste, including trees and vegetation, arising from works associated with the development hereby approved is

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prohibited on site"

Reason: To protect the amenities of the occupiers of the adjoining residential properties in accordance with Policy H1 (Protection of Residential Amenities) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

30 A travel plan shall be implemented upon the development being first brought into use, in accordance with the submitted framework travel plan and further details to be submitted to, and approved by, the Local Planning Authority 3 months prior to first occupation of the development. The travel plan shall contain targets and an action plan for minimising vehicle trips to the site to the site by staff and students and details of an ongoing programme of monitoring and review.

Reason: In order to safeguard the amenities of the surrounding residential occupiers and to safeguard highway safety and the free flow of traffic in accordance with Policies H1 (Protection of Residential Amenities), STR6 (Conserving and Enhancing the Built Environment) and T1 (Transport Safety) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policies DM9 (Managing Vehicle Use for New Development) and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011.

31 The hard surface hereby approved shall be made of porous materials and retained thereafter or provision shall be made and retained thereafter to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the property.

Reason: To reduce the risk of flooding and pollution and increase the level of sustainability of the development and to comply with Policy OL19 (Water Conservation and Control) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policy CS1 (Climate Change Mitigation) of the Local Development Framework Core Strategy (Pre-Submission Version December 2010).

32 Prior to occupancy of the development a Code for Sustainable Homes post construction review should be carried out with 1 year of construction of the development and a Final Code for Sustainable Homes Level 4 certificate should be submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of sustainability and energy conservation in accordance with Policy MW3 of the Royal Borough of Kingston Upon Thames Unitary Development Plan First Alteration, Policies 5.1, 5.2 and 5.3 of the London Plan (July 2011) and Policy DM1 (Sustainable Design and Construction Standards) of the Local Development Framework Core Strategy Submission Draft May 2011.

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33 The development shall be built in accordance with the proposals and details as set out in the Drainage Statement (Stilwell Partnership May 2011). The system shall be implemented and thereafter managed and maintained in accordance with the approved details. Those details shall include a timetable for its implementation and a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the effective operation of the sustainable drainage system throughout its lifetime.

Reason: To prevent the increased risk of flooding and to improve water quality in accordance with Policy OL19 (Water Conservation and Control) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policy CS1 (Climate Change Mitigation) and Policy DM4 (Water Management and Flood Risk) of the LDF Core Strategy Submission Draft Version May 2011 and Policy 5.13 (Sustainable Drainage) of the London Plan July 2011.

34 The car parking layout hereby approved shall retain at least 1 Blue Badge Holder parking bay.

Reason: To ensure the provision of adequate off-street parking accommodation and to avoid the congestion of surrounding roads by parked vehicles in accordance with Policies T1 (Transport Safety) and T20 (Compliance with Car and Cycle Parking Standards) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policies DM9 (Managing Vehicle Use for New Development) and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011.

Informative(s)

1 It is highlighted that the works will result in substantial movement of heavy vehicles on South Terrace, and therefore the Council will require the applicant to undertake a road condition survey before construction begins. This will take the form of a joint inspection with a member of the Street Scene Team and will involve a photographic record and visual observation of the roads, verges and margins. It should cover South Terrace in the vicinity of the application site. This will allow the condition of the carriageway to be monitored, should any damage result from the use of heavy plant associated with this site. For further details please contact Mr Mark Murphy of the Boroughs Street Scene Team (0208 547 5002).

2 Appropriate measures should be put in place at the access into the site to minimise the carry-over of spoil onto South Terrace. We would also require the applicant to sweep and wash down South Terrace as necessary to ensure that the public highway is kept clear of debris. This is to ensure a satisfactory road surface for

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road safety reasons at all times. 3

You are advised that this planning permission has an accompanying Planning Obligation/Legal agreement which requires the payment of a Financial Contribution towards Education Facilities prior to the occupation of the residential accommodation hereby permitted and/or the payment of a Financial Contribution towards the Transport Fund/Environmental Improvements/Other Obligations.

4 Your attention is drawn to the fact that planning permission does not override property rights and any ancient rights of light that may exist. This permission does not empower you to enter onto land not in your ownership without the specific consent of the owner. If you require further information or advice, you should consult a solicitor.

5 The Borough Environmental Health Officer advises that in order to comply with Condition sound insulation should be provided to reach the following standard:- a) The glazing specification to the rooms in question should be

such that an internal noise level with windows closed of 40dBA 18 hour L10. ("Good Standard" as set out in Planning Circular 10/73) is obtained.

b) Acoustic ventilation should be provided so that the room can be sufficiently ventilated WITHOUT the need to open windows on the noise sensitive facade.

c) It is further recommended that where the window in question is south, east or west facing, blinds are provided so as to reduce thermal gain within the room.

d) These requirements apply to all living rooms. Should you require further information please contact the

Environmental Health Department Pollution Section on 020 8547 5535.

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Surbiton Planning Sub Committee

Date of Meeting: 11/01/2012

B2 Register No: 11/16484/FUL

Address: DYSART SCHOOL, 186 EWELL ROAD, SURBITON, KT6 6HL

(c) Crown Copyright. All right reserved. Royal Borough of Kingston 2007. Licence number 100019285.

[Please note that this plan is intended to assist in locating the development it is not the site plan of the proposed development which may have different boundaries. Please refer to the application documents for the proposed site boundaries.]

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Ward: Surbiton Hill Description of Proposal: Installation of steel shipping container (for

storage use) and retention of climbing frame and shade sails

Plan Type: Full Application Expiry Date: 09/12/2011

Applicant's Plan Nos:

CS-DYS-0001 Site Plan Received 14/10/2011

CS-DYS-0006 External Container Storage

Received 14/10/2011

CS=DYS-0003 Sun Shade and Play Equipment

Received 14/10/2011

Design and Access Statement Received 14/10/2011

Photo Ref - CF DYS Received 21/09/2011

Site Location Plan Received 21/09/2011

BASIC INFORMATION

Planning Policy Guidance/Planning Policy Statements

Development Plan:

Mayor for London London Plan July 2011 Royal Borough of Kingston upon Thames - Unitary Development Plan First Alteration LDF Core Strategy Submission Draft May 2011 Kingston Town Centre AAP 2008

Policies

UNITARY DEVELOPMENT PLAN BE11 Design of New Buildings and Extensions BE12 Layout and Amenity of Buildings and Exts CS1 New Com Facs + Exts Exstg Comm Facs H1 Protection of Residential Amenities RES3 Determination of Planning Applications STR6 Conserving + Enhancing the Built Env LDF CORE STRATEGY CORE POLICIES CS 08 Character, Heritage and Design CS 16 Community Facilities LDF CORE STRATEGY DEVELOPMENT MANAGEMENT DM10 Design Requirements for New Developments DM23 Schools DM24 Protection and Provision of Community Fa

Previous Relevant History

11/16136/FUL Proposed external works including erection of a single storey

Permit with conditions

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classroom, installation of shade sail and partial enclosure of existing canopy and installation of timber decking

27/06/2011

Consultations

1. 51 neighbours were notified. No objections received. 2. Neighbourhood Traffic Engineer: No objections. 3. Borough Valuer: No comments received. 4. Green Spaces: No comments received. 5. Director of Education and Leisure: No comments received.

Site and Surroundings

6. The site is the Dysart School on the west side of Ewell Road in Surbiton. The site is not adjacent but is relatively close to two conservation areas, Oakhill and Fishponds. The school occupies the largest part of the site, leaving a varying gap of around 8m to the sides of the site, and an area of soft landscape with trees to the west. The soft landscape area is protected as Local Open Space. This application relates to an area of hardstanding along the northern boundary adjacent the rear of Chalford Court, and an area of playground close to the southern boundary, behind the block of flats 194-196 Ewell Road.

Proposal

7. Installation of a steel shipping container for storage purposes on the north boundary and (retrospectively) the erection of a climbing frame in the playground close to the southern boundary behind 194-196 Ewell Road.

8. The steel shipping container, 12.19m long x 2.44m wide x 2.59m high, would be green and located next to the boundary wall which separates the school from Chalford Court. The container would be entered through standard shipping doors in the short wall of the container. The climbing frame is made up of various shapes and forms, rope bridge, stairs, slide and ladder coloured red and blue and brown, on a plan area of 3.1m x 6.5m. Its highest point would be 1.8m above ground. It would sit below the canopy sun shade sails already installed under planning permission 11/16136/FUL. It would be located 2m from the boundary of the back garden of the flat block 194-196 Ewell Road.

Assessment

The main considerations material to the determination of this application are:

• Principle of Proposed Development

• Impact on Character of Area

• Impact on Neighbour’s Residential Amenity

• Highways and Parking

• Trees

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• Legal Agreements

• Sustainability

• Other Material Considerations

Principle of Proposed Development

9. Policy CS1 (New Community Facilities and the Extension of Existing Community Facilities) states that the Council will normally permit proposals to improve or extend existing community facilities, where required for operational purposes, but requires consideration to be given to conditions of public transport, traffic, residential amenities and the local environment. It is therefore considered that the steel store and climbing frame would be acceptable in principle, so long as the issues above are addressed.

Impact on Character of Area

10. Climbing Frame: Whilst this would be visible from no.194-196 Ewell Road, it is moderate in scale and tucked behind the boundary fence. The appearance of the climbing frame is entirely consistent with school external areas, and well-designed structures. As such it would not have an adverse effect on the character or appearance of the area.

11. Steel shipping container: This would be approximately 100mm higher than the top of the boundary wall for most of the length of the container (for the remainder of the length it would run flush with the top of the wall). On the other side of the wall are the garages and turning area of Chalford Court. The hard-standing area in which the container would be located has a back of house character, used for van parking and stores deliveries. The school building next to the site contains toilets, boiler room and kitchens. The container's form and material is not sensitive to the school or the surrounding buildings, and it does not represent best practice in store room design fitting-in to its surroundings. However, its location is relatively discrete, in a back of house area, hardly visible from the streetscene, and it would have the appearance of a temporary structure. For a temporary period the container would not cause unacceptable harm to the character or appearance of the building or the area.

12. It is understood that the purpose of the storage is to allow future building works to decant classroom furniture into it to enable fitting out to take place in other classrooms in the school. Subject to its presence being temporary (which could be controlled by condition), it is not considered to have an adverse effect on the character or appearance of the area.

13. The application would therefore accord with policies STR6 and BE11 of the UDP.

Impact on Neighbours’ Residential Amenity

14. Climbing frame: The use of the structure is intended to provide play for nursery children. The risk of noise is therefore considered to be no greater than the present situation in this area of the playground.

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Whilst the closest point of the structure to the flats at no.194-196 Ewell Road is 9.5m, the structure would be only marginally visible and is of a moderate scale. The structure would not have a significant adverse impact on the daylight or sunlight enjoyed by these flats. The scale of the proposed structure is not considered to significantly affect outlook or present a problem with privacy or overlooking. It is therefore considered that the proposed climbing frame would not harm the residential amenities currently enjoyed by neighbouring residents.

15. Steel shipping container: Located beneath the boundary wall level, the container would not have an adverse impact on the daylight or privacy of the residents of Chalford Court. The existing area is not used for play but for servicing. It would be visible from the upper floors of Chalford Court, but its form is not considered to present an unacceptable outlook. Containers can create noise when being loaded or unloaded, however, because of the limited working hours of the school, the location of the container, and the proposed use of the container, it is not considered to have an adverse impact on surrounding neighbours. The proposed development would therefore accord with policies H1 and BE12 of the UDP.

Highways & Parking

16. The climbing frame has already been installed. The steel shipping container could be delivered by lorry through the existing service yard gates. The proposed development does not raise any planning issues in respect of parking or transport.

Trees

17. No trees would be affected by the proposed development.

Legal Agreements

18. No legal agreements accompany the application.

Sustainability

19. The steel container would be reused. The climbing frame would contain various materials including recycled and recyclable equipment and would be able to be repaired to increase its sustainability.

Other Material Considerations

20. There are no other material considerations.

Reason for Approval

21. The proposed development would not detract from the character and appearance of the area and no material harm would be caused to the residential amenities of neighbouring properties nor the neighbouring conservation areas. The proposal therefore complies with policies BE3, BE11, BE12, CS1, H1, T1, T20, STR6 and STR9 of the Royal Borough of Kingston Upon Thames Unitary Development Plan (First Alteration) and

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policies CS15, DM10, DM12 and DM23 of the Core Strategy (submission version May 2011).

Recommendation:

Approve subject to the following conditions: 1 The development hereby permitted shall be commenced within 3

years from the date of this decision.

Reason: In order to comply with Section 91 of the Town and Country Planning Act, 1990. (As amended)

2 The facing materials to be used in the construction of the building shall be those specified on the application form and approved drawings or such other materials as have been approved in writing by the Local Planning Authority before the development is commenced.

Reason: To ensure a satisfactory appearance on completion of the development in accordance with Policies BE11 (Design of New Buildings and Extensions) and STR6 (Conserving and Enhancing the Built Environment) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011.

3 The part of this permission relating to the steel shipping container of the application, shall be for a limited period only, expiring on 11th January 2015. On or before that date the steel shipping container hereby permitted shall be permanently removed and its use discontinued and the land shall be reinstated to its former condition prior to the placement of the shipping container.

Reason: To enable the local planning authority to review the suitability of the development in the light of circumstances prevailing at the end of the above period and in the interests of the amenities and character of the are

Informative(s)

1 Your attention is drawn to the need to comply with the relevant provisions of the Building Regulations, the Building Acts and other related legislation. These cover such works as - the demolition of existing buildings, the erection of a new building or structure, the extension or alteration to a building, change of use of buildings, installation of services, underpinning works, and fire safety/means of escape works. Notice of intention to demolish existing buildings must be given to the Council’s Building Control Service at least 6 weeks before work starts. A completed application form together with detailed plans must be submitted for approval before any building work is commenced. For further information and advice, contact – The Service Director (Planning and Transportation) (Building Control), Directorate of Environmental Services, Guildhall

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11, Kingston upon Thames, on 020 8547 4699.

2 The applicant is advised that locating the shipping container within climbing distance of the side boundary wall may reduce the security of the school and introduce a potential liability to trespassers because of levels and platforms.

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Surbiton Planning Sub Committee

Date of Meeting: 11/01/2012

B3 Register No: 11/16535/FUL

Address: LONSDALE COURT, LOVELACE ROAD, SURBITON, KT6 6PB

(c) Crown Copyright. All right reserved. Royal Borough of Kingston 2007. Licence number 100019285.

[Please note that this plan is intended to assist in locating the development it is not the site plan of the proposed development which may have different boundaries. Please refer to the application documents for the proposed site boundaries.]

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Ward: Surbiton Hill Description of Proposal: Erection of third floor and rooms in roof and

rear stair tower to provide 4 additional flats ( 2 x 2 bedroom and 2 x 1 bedroom flats); refurbishment and internal altrations to existing flats

Plan Type: Full Application Expiry Date: 30/12/2011

Applicant's Plan Nos:

10008/01 Existing Location & Block, Floor & Elevations

Received 15/12/2011

10008/04 Proposed Location & Block Plan Received 15/12/2011

10008/05 Proposed Site Plan Received 15/12/2011

10008/06 Existing Site Plan Received 15/12/2011

1008/02 Proposed plans Received 04/11/2011

1008/03 Proposed plans Received 04/11/2011

Design & Access Statement Received 15/12/2011

Planning Statement Received 20/10/2011

Transport Statement Received 20/10/2011

BASIC INFORMATION

Planning Policy Guidance/Planning Policy Statements

Development Plan:

Mayor for London London Plan July 2011 Royal Borough of Kingston upon Thames - Unitary Development Plan First Alteration LDF Core Strategy Submission Draft May 2011 Kingston Town Centre AAP 2008

Policies

NATIONAL POLICIES - PPGS/PPSS PPS01 Delivering Sustainable Development PPS03 Housing UNITARY DEVELOPMENT PLAN BE11 Design of New Buildings and Extensions BE12 Layout and Amenity of Buildings and Exts BE9 Trees and Soft Landscaping H1 Protection of Residential Amenities MW3 Energy Efficiency & Conservation in Devs STR6 Conserving + Enhancing the Built Env T1 Transport Safety T20 Compliance with Car Parking Standards

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T21 New Development and On-Street Parking LONDON PLAN JULY 2012 LP 5.1 Climate change mitigation LP 5.2 Minimising carbon dioxide emissions LP 6.13 Parking LDF CORE STRATEGY CORE POLICIES CS 01 Climate Change Mitigation CS 08 Character, Heritage and Design LDF CORE STRATEGY DEVELOPMENT MANAGEMENT DM09 Managing Vehicle Use for New Development DM10 Design Requirements for New Developments

Previous Relevant History

10/16330/FUL Erection of third floor and rooms in roof and rear stair tower to provide 4 additional flats ( 2 x 2 bedroom and 2 x 1 bedroom flats); refurbishment of existing flats

Refused 15/09/2010, Appeal Dismissed 27/06/2011

4132 Six flats or maisonettes and garages Rejected 24/02/1960

4940 Demolition of existing house and erection of 4 maisonettes and 4 lock up garages

Conditional consent 18/12/1961

Consultations

1. Neighbour Notification: Seventy one adjacent properties were consulted on this application. Seven individuals have written in to object and one petition of objection from the residents of Meryon Court have been received. The objections to this development are on the following grounds:

• Loss of outlook

• overshadowing/loss of sunlight

• loss of view

• overlooking/loss of privacy

• inadequate parking

• inaccuracies in the Design and Access Statement

• part of Earl of Lovelace conservation area of Southborough

• design of building/ decrease in variety

• reduction in green space for tenants

• over-development

• out of scale with the area

2. Neighbourhood Engineer: Whilst 7 parking spaces are shown to be provided for the occupiers of the flats, which would meet the London Plan requirements, the details show that four of these spaces are within the existing private shared parking area to the rear. Further details are required to clarify where this loss of existing parking provision would be relocated or addressed. A minimum of four cycle parking spaces are to

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be provided for the additional flats, details of the cycle parking and bin store can be dealt with by condition. A contribution of £3100 is required for this development as a sustainable travel contribution as set out in the Planning Obligations SPD.

Site and Surroundings

3. The application site consists of four two bedroom flats arranged over two floors, with a garden area to the front and rear. There are garage spaces to the rear of the building, which are accessed from a shared road between Lonsdale Court and Caroline Court and which also gives access to Meryon Court.

4. The area is a mix of housing but the immediate area comprises mainly of flats.

5. Caroline Court immediately to the east of the application site and across the access road has a three storey block to the front, with a two storey block to the rear facing the rear garden area of the application site.

6. No.29 Lovelace Road, which is immediately to the west of the application site is a two storey dwelling house. Meryon Court which is to the rear of the application site is a three storey block of flats and shares the access road to the rear. Marlborough Gardens is directly opposite the application site on Lovelace Road and is a four storey block of flats with a flat roof.

7. The application property is not a Listed Building and not within a Conservation Area.

Proposal

8. The proposal is for the erection of a third floor, with rooms in the roof space and rear stair tower to provide four additional flats (2 x 2 bedroom and 2 x 1 bedroom flats) and refurbishment of the existing flats. This is an amendment to the previously refused planning application and now shows the stair tower reduced in footprint and the windows of the flats at the rear re-arranged to take on board the Inspector's decision when refusing the appeal on the previous application.

9. The eaves height of the building will be raised from 5m to 7.65m and the ridge from 8.5m to 12.2m. To the front elevation the existing gable feature will be raised, the new flats on the second floor will have balconies of the same size as the existing ones at first floor, which will be refurbished. Within the front roofslope there will be recessed windows with balconies either side of the gable feature.

10. To either side of the building the gabled wall will be raised by 3.5m to ridge height. The number of openings on the side elevations will remain the same, a door and four windows, although instead of two windows at ground floor level on each side there will only be one and a new window will be inserted in the side elevations at second floor level. All of the side facing windows are to bathrooms and as such will be obscurely glazed.

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11. To the rear elevation, as well as raising the height of the roof, there will also be a stair tower to give access to the upper floors, two dormer windows and three rooflights. The stair tower will be centrally located and will be 4.35m wide, extending 4.85m from the main rear wall of the building (instead of 6m previously), 7.5m to eaves height and 8.5m to the top of its flat roof (with dummy pitch) and will be three storeys high. There will be three obscurely glazed windows to the east elevation and a door and two windows to the rear elevation. The stair tower will give access to the four new flats on the second floor and within the roofspace and the access arrangements for the existing flats will not be altered.

12. The two dormer windows to the rear elevation will be sited on the left hand side of the building and will measure 1.7m wide, 2.4m to ridge and 2.4m deep. The three roof lights will be to the right hand side of the building and will be 700mm wide and 1.5m high.

13. A new bin store and cycle parking building are shown to be built to the rear of the site.

14. The refurbishment of the building will entail new windows for all flats, new balcony railings to the existing balconies at the front to match the new ones above, with the external finish of the building being changed from entirely brick to a mix of render and brick with slates for the roof.

15. The ground floor flats will have patio style doors with windows either side to the rear elevation and positioned so as not to be in line with the stair tower. While the first floor flats will have the height of their windows increased from 1.2 to 1.5m.

16. The applicants have shown seven garages within the rear garage court as being within the ownership of the applicant.

Assessment

The main considerations material to the determination of this application are:

• Principle of Proposed Development

• Impact on Character of Area

• Impact on Neighbour’s Residential Amenity

• Highways and Parking

• Trees

• Legal Agreements

• Sustainability

• Other Material Considerations

Principle of Proposed Development

17. As the application site is within a primarily residential area, the basic principle of providing residential units is acceptable subject to its impact on the amenities of the occupiers of the neighbouring properties and the character and appearance of the area.

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Impact on Character of Area

18. The application building is sited on the north-west side of Lovelace Road and clearly visible from the street scene and from the properties to the rear in Caroline Court and Meryon Court. The building will be increased in height by 3.5m, with two extra floors (one being in the roof space). Whilst this proposed extension and increase in number of flats will undoubtedly alter the character and appearance of the immediate area, there are a number of three and four storey buildings within the area.

19. The Inspector in his decision of 27 June 2011 specifically referred to the character and appearance of the area and concluded that the proposed development would not have a significant detrimental impact on the character and appearance of the area and the proposed alterations would accord with the objectives of policies STR6 and BE11 of the Unitary Development Plan.

20. The relevant sections of the decision state: 5. Lovelace Road comprises a mix of houses and apartment buildings of varying designs, periods and heights. To one side of the appeal property there is a large detached house with a ridge height higher than Lonsdale Court. On the other side, Caroline Court comprises a three storey block of flats under a pitched roof fronting the highway, with a two storey wing to the rear. On the opposite side of the road, Marlborough Gardens is a prominent four storey, flat roofed apartment building with an extensive frontage to Lovelace Road. In this context, increasing the height of the appeal property by approximately 3.5m to about 12m would not be out of character with the surroundings. 6. The Council are concerned that the stair tower to the rear of the building would appear as a discordant feature. However, on my site visit I noted that very little of the extension would be visible from the public realm and, therefore, it would not harm the street scene. The tower would be prominent in views from surrounding dwellings. Nevertheless, it would appear as a subordinate, sympathetic extension to the building and would not have a significant detrimental impact on the character and appearance of the area. 7. Policies STR6 and BE11 of the UDP require amongst other things, developments to be of a design appropriate to the character of the surroundings and to respect the relationship with adjoining properties including their roof form and other external features. Given the preponderance of apartment buildings in this area of Lovelace Road and the similarity of scale and form between the proposed development and nearby blocks such as Albany Court and the front block of Caroline Court, I conclude that the proposed alterations to Lonsdale Court would accord with the objectives of Policies STR6 and BE11 of the UDP.

21. The only changes to the external appearance of the building are that the stair tower has been reduced in depth, the rear facing windows have been altered in size and position and more rendering

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is proposed to the building. It is considered that these changes would not have an unacceptable impact on the character and appearance of the area, over and above the previous scheme which the Planning Inspector found to comply with the aims of policies STR6 and BE11 of the UDP.

Impact on Neighbours’ Residential Amenity

22. Whilst the increase in height and bulk of the building may have some impact on the amenities of the occupiers of neighbouring properties, the Inspector in his decision of 27 June 2011 found that "given the distances involved, the impact on the amount of daylight and sunlight reaching neighbouring properties would be minimal".

23. The Inspector did find that the previous stair tower would cause significant harm on the living conditions of the occupants of the existing flats in Lonsdale Court and it was on this ground alone that the appeal was dismissed. It is considered however, that the revised scheme with the smaller stair tower and alterations to the size and position of rear facing windows, will result in adequate daylight reaching the rear facing windows and allows for an acceptable outlook for the future occupiers of the flats and as such overcomes this reason for dismissing the appeal.

Highways & Parking

24. The vehicular access to the site will not be altered and the applicant has shown that seven garages will be provided at the rear garage court, which will meet the parking requirements within the London Plan.

25. The Planning Inspector was also satisfied that the Transport Statement submitted by the applicant's demonstrated that the current highway access arrangements were adequate for the anticipated increase in traffic generated by the additional flats.

Trees

26. There are no trees within the application site and whilst there are trees within the rear garden of No.29 Lovelace Road (two of which are covered by a TPO), a detailed arboricultural method statement will be able to ensure that no damage will be caused to trees on the adjoining property.

Legal Agreements

27. A section 106 agreement will need to be agreed to cover planning obligations as per of the Supplementary Planning Document and a sum of £21,300 will be required to be met. This sum is broken down as follows: 1 bedroom flats (amount per flat) Health and social care - £700 Sustainable travel measures - £650

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Public open space, children's play, outdoor recreation, biodiversity, public realm - £1300 2 Bedroom flats (amount per flat) Education - £3900 Health and social care - £1,100 Sustainable travel measures - £900 Public open space, children's play, outdoor recreation, biodiversity, public realm - £1,800

28. The total financial contribution required will be £21, 300, which includes a monitoring fee of £600 (£150 per clause).

Sustainability

29. Issues of sustainability for this development can be dealt with through a condition requiring the development meet level 4 of the Code for Sustainable Homes in accordance with policy MW3 of the Unitary Development Plan, CS01 of the Core Strategy and 5.2 of the London Plan.

Other Material Considerations

30. The Inspector's appeal decision dated 27 June 2011 is a material consideration in determining this application.

Reason for Approval

31. The proposed erection of a third floor extension with roof level accommodation to provide four additional flats (2 x 2 bedroom and 2 x 1 bedroom), refurbishment and internal alterations to existing flats will not have a material detrimental impact on the amenities of the occupiers of the neighbouring properties, the character and appearance of the area or on highway safety. As such the development will comply with policies H1, STR6, BE9, BE11, BE12 and T1 of the Royal Borough of Kingston upon Thames Unitary Development Plan, policies CS8 and DM10 of the Core Strategy and 6.13 of The London Plan.

Recommendation:

Approve subject to the following conditions:

1 The development hereby permitted shall be commenced within 3 years from the date of this decision.

Reason: In order to comply with Section 91 of the Town and Country Planning Act, 1990. (As amended)

2 The facing materials to be used in the construction of the building shall be those specified on the application form and approved drawings or such other materials as have been approved in writing by the Local Planning Authority before the development is

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commenced.

Reason: To ensure a satisfactory appearance on completion of the development in accordance with Policies BE11 (Design of New Buildings and Extensions) and STR6 (Conserving and Enhancing the Built Environment) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011.

3 The development hereby permitted shall not be commenced until details of secure cycle parking and bin store facilities for the occupants of, and visitors to, the development hereby approved have been submitted to and approved in writing by the Local Planning Authority. These facilities shall be fully implemented and made available for use prior to the occupation of the development hereby permitted and shall thereafter be retained for use at all times.

Reason: To ensure the provision of satisfactory cycle storage and bin store facilities and in the interests of highway safety and waste storage in accordance with policies T20, T15 and MW3 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

4 The use of the garages shown on the submitted drawings shall be restricted solely to the garaging of motor vehicles for the sole benefit and personal enjoyment of the occupants of the dwelling house of which it forms part and for no other purpose whatsoever; and shall be permanently retained for that use.

Reason: To ensure adequate off-street car parking facilities in accordance with Policies BE12 (Layout and Amenity of Buildings and Extensions), T1 (Transport Safety), T20 (Compliance with Car and Cycle Parking Standards) and T21a ( Provision and Management of Public Car Parking) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policies DM9 (Managing Vehicle Use for New Development) and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011.

5 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting this Order) no windows or other openings (other than those hereby approved) shall be formed in the north-east or south-west flank walls of the building hereby approved without the prior written consent of the Local Planning Authority.

Reason: To protect the amenities and privacy of the occupiers of the adjoining residential properties in accordance with Policies BE12 (Layout and Amenity of Buildings and Extensions) and H1 (Protection of Residential Amenities) of the Royal Borough of

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Kingston upon Thames Unitary Development Plan First Alteration and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011.

6 No development shall commence until a landscaping scheme including where applicable the retention of the existing trees shall have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented within the first planting season following completion of the development and the tree planting and landscaping shall thereafter be maintained for five years to the satisfaction of the Local Planning Authority. Any trees or shrubs which die during this period shall be replaced in the first available planting season, and the area shown to be landscaped shall be permanently retained for that purpose only.

Reason: In the interests of visual amenity and also that the Local Planning Authority shall be satisfied as to the details of the development in accordance with Policy BE9 (Trees and Soft Landscaping) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011.

7 All planting, seeding or turfing detailed in the approved landscape scheme shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which, within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. The area shown to be landscaped shall be permanently retained for that purpose only.

Reason: To ensure that these works are properly implemented and maintained and in the interest of visual amenity in accordance with Policy BE9 (Trees and Soft Landscaping) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011.

8 All works on site shall take place in accordance with the following details which shall have previously been submitted to and approved in writing by the Local Planning Authority prior to the commencement of work: (Specify as Appropriate)

(a) Provision for loading/unloading materials.

(b) Storage of plant, materials and operatives vehicles.

(c) Signing system for works traffic.

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(d) Measures for the laying of dust, suppression of noise and abatement of other nuisance arising from development works.

(e) Location of all ancillary site buildings.

(f) Measures to protect any tree, shrubbery and other landscape features to be retained on the site during the course of development.

(g) Means of enclosure of the site.

(h) Wheel washing equipment.

(i) The parking of vehicles of the site operatives and visitors

(j) The erection and maintenance of security hoarding.

(k) A scheme for recycling/disposing of waste resulting from demolition and construction works (Major Applications).

Reason: In order to safeguard the amenities of the surrounding residential occupiers and to safeguard highway safety and the free flow of traffic in accordance with Policies H1 (Protection of Residential Amenities), STR6 (Conserving and Enhancing the Built Environment) and T1 (Transport Safety) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011.

9 The garden area as shown on the approved drawings shall be permanently retained as open amenity space for the use of all the occupiers of all flats in the building and for no other purpose. Notwithstanding the provisions of Class A of Part 2 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995, (or any other Order revoking or re-enacting this Order), no walls, fences or any other means of enclosure whatsoever shall be erected so as to subdivide the amenity area shown on the approved drawing.

Reason: To ensure the satisfactory provision and retention of amenity space for use by all the occupiers of the flats as approved in accordance with Policies BE12 (Layout and Amenity of Buildings and Extensions) and STR2 (Residential Environment) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and Policy DM10 (Design Requirements for New Developments including House Extensions) of the LDF Core Strategy Submission Draft May 2011.

Informative(s)

1 Your attention is drawn to the need to comply with the relevant provisions of the Building Regulations, the Building Acts and other related legislation. These cover such works as - the demolition of existing buildings, the erection of a new building or structure, the extension or alteration to a building, change of use of buildings,

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installation of services, underpinning works, and fire safety/means of escape works. Notice of intention to demolish existing buildings must be given to the Council’s Building Control Service at least 6 weeks before work starts. A completed application form together with detailed plans must be submitted for approval before any building work is commenced. For further information and advice, contact – The Service Director (Planning and Transportation) (Building Control), Directorate of Environmental Services, Guildhall 11, Kingston upon Thames, on 020 8547 4699.

2 You have been granted planning permission to build a residential extension. When undertaking demolition and/or building work, please be considerate to your neighbours and do not undertake work before 8am or after 6pm Monday to Friday, before 8am or after 1pm on a Saturday or at any time on Sundays or Bank Holidays. Furthermore, please ensure that all vehicles associated with the construction of the development hereby approved are properly washed and cleaned to prevent the passage of mud and dirt onto the adjoining highway. You are advised that the Council does have formal powers to control noise and nuisance under The Control of Pollution Act 1974, the Clean Air Acts and other relevant legislation. For further information and advice, please contact - Environmental Health Department Pollution Section, Guildhall, Kingston upon Thames on 020 8547 5535.

3 Your attention is drawn to the fact that planning permission does not override property rights and any ancient rights of light that may exist. This permission does not empower you to enter onto land not in your ownership without the specific consent of the owner. If you require further information or advice, you should consult a solicitor.