15/P/02271 3 Trodds Lane, Guildford GU1 2XT
North
Not to scale
App No:
Type: F
15/P/02271
Appn Type:
Full Application
Case Officer: Kelly Jethwa
Parish: Merrow
Ward:
Agent : Mr. Robert Bateman
Applicant:
RMB Designs
Top Cottage
1 Blanchards Hill Sutton
Green
Guildford
Surrey
GU4 7QP
Location:
Proposal:
8 Wk Deadline: 28/01/2016
Merrow
Mr. John Law
49 Manor Way
Guildford
Surrey
GU2 7RP
3 Trodds Lane, Guildford, GU1 2XT
Erection of a two storey detached dwelling (revision to planning
consent 15/P/00778, approved 26/06/2015) including retrospective
application for a larger rear extension.
The application has been referred to Planning Committee by Councillors Philip Brooker and
Graham Ellwood as the design and scale of the dwelling due to the single storey
enlargements may not complement the main dwelling and the scale of the development may
not be in scale and character with the surrounding area, contrary to saved policies G5(2), H4
and the NPPF.
Site description.
This application site is located within the Urban Area of Guildford and is within the
400m-5km buffer zone of the Thames Basin Heath SPA. The site comprises of part of the
rear garden of 3 Trodds Lane and front Three Pears Road.
The surrounding area is residential in character and comprises of a mix of styles and sizes of
predominantly detached dwellings on spacious plots. The site adjoins residential properties
(5 Trodds Lane and 5 Three Pears Road) to the south and east and to the north, it adjoins
Three Pears Road, a private road. Further to the north, on the opposite side of Three Pears
Road is Appledore Cottage, a detached residential property.
The dwelling is substantially complete on the site including the rear additions and an
outbuilding.
Proposal.
Erection of a two storey detached dwelling (revision to planning consent 15/P/00778,
approved 24/06/2015) including retrospective application for a larger rear extension.
Relevant planning history.
Reference: Description:
15/P/02303 Retrospective planning application for garden outbuilding.
Decision
Summary:
Approved
03/02/2016
15/N/00105 Non material amendment: Proposed amendments to the Approved
front elevation
29/10/2015
15/P/00778 Variation of condition 1 of planning application 14/P/02317 Approved
to reduce depth of the rear extension.
24/06/2015
14/P/02317 Reserved matters application pursuant to outline planning Approved
permission 12/P/02048 approved 05.12.13 to consider 13/07/2015
access, appearance, landscaping, layout and scale in
respect of the proposed new dwelling.
12/P/02048 Outline application for division of existing plot and Refused
construction of new dwelling with access off Three Pears 01/03/2013,
Road (access and scale to be considered).
Appeal allowed
05/12/2013
Consultations.
County Highway Authority: the County Highway Authority has undertaken an assessment in
terms of the likely net additional traffic generation, access arrangements and parking
provision and are satisfied that the application would not have a material impact on the
safety and operation of the adjoining public highway. The County Highway Authority
therefore has no requirements.
Third party comments:
Five representations have been received, raising the following objections:
 harm to the character of the area
 planning history
 neighbour amenity
 poor design
 loss of trees/hedges
 alternative scheme preferred
[officer comment: the Council can only assess the scheme before it]
Planning policies.
The following policies are relevant to the determination of this application:
National Planning Policy Framework (NPPF)
National Planning Policy Guidance (NPPG)
South East Plan 2009
NRM6
Thames Basin Heath Special Protection Area
Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007):
G1
General Standards of Development
G5
Design Code
G6
Planning Benefits
H4
Housing in Urban Areas
NE1
Potential Special Protection Areas
NE4
Species Protection
Supplementary planning documents:
Planning Contributions SPD (2011)
Sustainable Design and Construction SPD (2011)
Vehicle Parking Standards SPD (2006)
Surrey County Council Vehicular and Cycle Parking Guidance (2012)
Residential Design Guide (2004)
Thames Basin Heath Special Protection Area Avoidance Strategy (2009-2016)
Planning considerations.
Background
This is a retrospective application for the building that has been built, which includes rear
enlargements.
From the plans submitted whilst the applicant has referred to planning permission
14/P/02317, from a review of the plans the current application is a revision to 15/P/00778 (a
minor material amendment application) which, reduced the depth of one of the single storey
elements approved under 14/P/02317 by 500mm, so that this would be flush.
The proposed full application comprises the following changes compared to the extant
planning permission (15/P/00778); this also includes the changes on a non-material
amendment 15/N/00105:
 increase in depth of single storey elements from 2.80m to 4.56m and 2.80m to 6.80m
 brick quoins and brick plinths on the front elevation
The main planning considerations in this case are:
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retrospective application
the principle of development
the impact on the character of the area and the existing building
the impact on neighbouring amenity
highway/parking considerations
Thames Basin Heath Special Protection Area
sustainability
Retrospective application
A ministerial planning policy statement on 31.08.2015 notes that the government is
concerned about the harm that is caused where the development of land has been
undertaken in advance of obtaining planning permission. In such cases, there is no
opportunity to appropriately limit or mitigate the harm that has already taken place. Such
cases can involve Local Planning Authorities having to take expensive and time consuming
enforcement action. The ministerial statement therefore includes a planning policy to make
intentional unauthorised development a material consideration that would be weighed in the
determination of planning applications and appeals. This policy applies to all new planning
applications and appeals received from 31.08.2015.
In considering this current application, which seeks to regularise unauthorised development,
the Local Planning Authority has given some weight to the fact that the application is
retrospective. However, in the absence of any evidence to demonstrate that, the applicant
intentionally sought to breach planning legislation, or any detailed guidance from central
government on the level of weight that should be applied in such circumstances, the fact that
this application is retrospective is only considered to weigh against granting planning
permission to a very limited degree.
The principle of development
The site was granted planning permission under 15/P/00778, 14/P/02317 and 12/P/02048
for a new dwelling. This carries significant weight as a material consideration and
established the principal for this form of development on the site.
The height, design, materials and detailing were previously approved. The only relevant
consideration is the impact of the proposed changes.
The impact on the character of the area and the existing building
The application site was part of the rear garden to no. 3 Trodds Lane that has a return onto
Three Pears Road. The surrounding area is residential in character and comprises of a mix
of styles and sizes of predominantly detached dwellings on spacious plots. There are
however, some smaller semi-detached properties in Swayne's Lane to the south and further
along Trodds Lane to the north.
The dwelling is no closer to the road than no. 5, so it does follow the common building line
and has a similar plot size.
The building is two storeys in height with a fully hipped roof and fills the majority of the plot
width. Whilst the building is two storeys at the side boundaries, the overall height of the
building does not appear incongruous, due to the hipped roof that reduces the roof mass.
Furthermore, the catslide roof to no. 5 would maintain a sense of spaciousness above the
ground floor.
Due to the variation in architectural styles and layouts, as well as the wide palette of
materials, the design complements the character of the area. The quoin and plinth brick
detailing also adds interest to the front elevation.
The extent of the built form would increase by 1.76m next to the side boundary of no. 5
Three Pears Road and 4.0m next to the rear boundary of no. 3 Trodds Lane.
The increase in the built form at the rear, is not visible in the streetscene, as it is obscured by
the footprint of the main building and the narrow gaps to the side boundaries.
The incomplete single storey rear elements would be 3.0m in height to the top of the parapet
wall and the lantern lights would be seen above this and sit below the cill level of the first
floor windows.
The arrangements of windows and bi-folding doors would be the same as that approved, the
existing building has a maximum width of 15.0m and the single storey enlargements would
increase the overall depth to 15.0m. This results in a significant projection and due the flat
roof design, they would contrast significantly against the more traditional features of the main
building. Single storey flat roof elements can be acceptable at the rear, although in this
instance, the proposal extends across the breadth of the house and projects a maximum of
6.8m, so it would result in a building that is of a similar width and depth. Therefore, the
design does not integrate with the architectural features of the main dwelling, as it has been
designed as an add-on extension.
However, a material consideration is that these enlargements could have been added to the
completed dwelling under permitted development. This is given considerable weight;
therefore, whilst the design would not complement the main dwelling and would result in a
significantly larger built form, as the development could otherwise have been built, on
balance the proposal is acceptable. Given that, the amendments would be no more harmful
to the design and appearance of the existing building and the surrounding area than what
could have been built under permitted development.
The impact on neighbouring amenity
The site is at a right angle to the donor property at no. 3 Trodds Lane with a close boarded
fence along the shared boundary and a retained hedge to the boundary with no. 5 Three
Pears Road. The building has increased the built form on the shared boundaries.
No. 3 Trodds Lane (donor property)
There is a 1.0m gap to the shared boundary from the single storey garage increasing to
2.0m for the rest of the building. Whilst the rear facing windows have a line of site to the
application site, as there would be a minimum gap of 11.0m to the shared boundary this
prevents any harmful overbearing impact.
There would be one side facing window this would serve a bathroom and a condition to
ensure that this is obscure glazed with a fanlight only opening, to prevent any harmful loss of
privacy, would be suitable.
No. 5 Three Pears Road
The adjoining dwelling has a garage on the side boundary with one high level rooflight; there
is an increase in the built form along the shared boundary. However, this is 3.0m in height
and stepped in. Therefore, there would be no material loss of amenity from any
overshadowing. Furthermore, the built form does not project past the rear-most part of no. 5.
Whilst there would be a change in relationships, the proposal therefore complies with
policies H4 and G1(3) of the Guildford Borough Local Plan 2003 (as saved by CLG Direction
24 September 2007).
Highway/parking consideration
The proposal has off-street parking for at least two cars; this would meet the Council’s
parking requirements. The site is close to the facilities and services on Epsom Road and
there are local bus services to the town centre, therefore the provision of car parking is
acceptable in this instance.
The County Highway Authority has assessed the application and raises no objection on
highway safety, capacity or policy grounds.
Thames Basin Heaths Special Protection Area
The proposed development may adversely impact the TBHSPA. Based on the number of
bedrooms, the Council’s adopted TBHSPA Avoidance Strategy 2009-2016 requires a SANG
contribution and an Access Management contribution to avoid any adverse impact.
A planning obligation was completed in accordance with the terms of the Strategy and the
sums payable have been paid to the Council. Therefore, the proposal would comply with the
terms of the Thames Basin Heaths Avoidance Strategy.
Sustainability
Paragraph 97 of the NPPF sets out that local planning authorities should recognise the
responsibility on all communities to contribute to energy generation from renewable or low
carbon sources. To date the applicant has not provided any details of at least a 10 percent
reduction in carbon emissions through the provision of onsite renewable energy. Further
details can be secured by condition, as required under the Sustainable Design and
Construction SPD.
Conclusion.
The site is located within the Guildford urban area and as such there is no in principle
objection to the provision of new housing and the principle of development was established
under applications 15/P/00778, 14/P/02317 and 12/P/0204 for a similar scheme, excluding
the single storey rear elements. This has increased the built form next to the side boundaries
however; these enlargements would have no greater impact than what could have been built
under permitted development.
Whilst the design of the dwelling does contrast with the adjoining buildings, due to the variety
of architectural designs and layouts in the surrounding area this is acceptable.
This was not an intentional breach of planning control, so this is given very limited weight
and the development as built has been judged to be acceptable on its planning merits.
RECOMMENDATION:
Approve subject to the following condition(s) and reason(s) :1.
The development hereby permitted shall be carried out in accordance with the
following approved plans:
Plan
Drawing no.
Date received
RMB/PR/PL01
COMBINED PLAN
03.12.2015
RMB/PR/PL02
PROPOSED ELEVATIONS
03.12.2015
Reason: To ensure that the development is carried out in accordance with the
approved plans and in the interests of proper planning.
2.
Prior to first occupation, an energy assessment shall be submitted to and
approved in writing by the Local Planning Authority. This shall include details of
how energy efficiency is being addressed, including benchmark data and
identifying the Target carbon Emissions Rate TER for the site / development and
show the on-site measure(s) to be taken and feasible low and zero carbon
energy equipment to produce a minimum of 10% of the total energy requirements
of the new development by means of low and zero carbon energy sources above
and beyond the current Building Regulations. The final total annual energy
demand calculated should include energy use for all end uses covered by the
SAP methodology known to be present or to be provided. The approved details
shall be implemented prior to the first occupation of the development and
retained as operational thereafter.
Reason: To reduce carbon emissions and incorporate sustainable energy in
accordance with the Council’s Sustainable Design and Construction SPD 2011.
3.
No trees, hedgerows or shrubs within the curtilage of the site, except those
shown on the approved plan(s) or otherwise clearly indicated in the approved
details as being removed shall be felled, lopped or pruned, nor shall any roots be
removed or pruned during development and for a period of five years after
completion of the building(s), structure(s) or any other development hereby
approved. Any trees, hedgerows or shrubs removed or which die or become
dangerous, damaged or diseased before the end of a period of five years after
completion of the development hereby approved shall be replaced with new
trees, hedging or shrub species (of such size species and in such number and
position as maybe agreed in writing), before the end of the first available planting
season (1 November to 31 March) following their loss or removal.
Reason: In order to ensure that the site is landscaped and is maintained in the
interest of the visual amenities of the area, ensuring the adequate respect for
landscaping and neighbour amenity from screening.
4.
The window(s) in the western elevation(s) of the development hereby approved
shall be glazed with obscure glass and permanently fixed shut, unless the parts
of the window/s, which can be opened, are more than 1.7 metres above the floor
of the room in which the window is installed and shall thereafter be permanently
retained as such.
Reason: In the interests of residential amenity and privacy.
5.
The garage shall be kept available for the parking of vehicles and shall be
permanently maintained for that purpose.
Reason: To ensure that satisfactory parking provision is retained within the
development.
6.
Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) (England) Order 2015 (or any Order revoking or
re-enacting or amending that Order with or without modification), no windows,
rooflights, dormer windows shall be constructed above the ground floor level of
the dwelling hereby approved.
Reason: In the interests of residential amenity and privacy.
7.
The hardstanding area hereby permitted on the frontage shall have a permeable
(or porous) surfacing which allows water to drain through, or surface water shall
be directed to a lawn, border or soakaway, so as to prevent the discharge of
water onto the public highway and this should be thereafter maintained.
Reason: In order that the development should not prejudice highway safety nor
cause inconvenience to other highway users
Informatives:
1.
If you need any advice regarding Building Regulations please do not hesitate to
contact Guildford Borough Council Building Control on 01483 444545 or
buildingcontrol@guildford.gov.uk
2.
In accordance with paragraphs 186 and 187 of the National Planning Policy
Framework, Guildford Borough Council takes a positive and proactive approach to
development proposals focused on looking for solutions. We work with applicants
in a positive and proactive manner by:
 offering a pre-application advice service
 updating applicants/agents of any issues that may arise in the processing of
their application and where possible suggesting solutions
In this instance, the applicant did not seek pre-application advice before submitting
this application. However, it was brought forward through an enforcement
investigation. The proposal was assessed on its merits and found acceptable on
balance.