Royal Borough of Kingston upon Thames Written Statement
3 Akerman Road, Surbiton, KT6 5NS
Site Address:
3 Akerman Road, Surbiton, KT6 5NS
Planning Inspectorate ref:
APP/Z5630/W/15/3138336
Royal Borough of Kingston upon Thames ref:
15/16233/FUL
RBK contact details
Case Officer:
Mr Martin Holley
Telephone No:
020 8547 5365
Address:
Development Management,
Royal Borough of Kingston upon Thames,
Guildhall II,
High Street,
Kingston upon Thames,
KT1 1EU
Date: 24th February 2016
Page 1 of 20
Royal Borough of Kingston upon Thames Written Statement
3 Akerman Road, Surbiton, KT6 5NS
1.
INTRODUCTION AND SUMMARY
1.1
This statement sets out the Council’s representations regarding an appeal by Mr
Mark Albers (Inspectorate Ref. Number APP/Z5630/W/15/3138336).
1.2
The appeal is made against the Council’s decision made on 9th October 2015 to
refuse planning permission for Application Reference Number 15/16233/FUL in
respect of “Erection of part two storey, part single storey side/rear extension, erection
of garden shed, and installation of vehicle crossover and subdivison of existing site to
provide an additional (two bedroomed) residential unit following demolition of existing
single storey garage and rear extension.”
1.3
The reason for refusal was:
1) The proposed dwelling by virtue of its design, density, scale, and massing, would be
an incongruous form of development out of keeping with the surrounding typology
and established urban grain, adversely affecting the character and appearance of the
area. The proposal would therefore be unacceptable and contrary to Policies DM10,
DM12 and CS8 of the Core Strategy (Adopted April 2012), The Residential Design
SPD (Adopted July 2013) and Policies 7.4 and 7.6 of The London Plan Consolidated
with Alterations (March 2015).
1.4
A copy of the Planning Officer’s Report and Decision Notice were submitted with the
appeal questionnaire.
1.5
This statement will demonstrate that the development the subject of the appeal is
wholly unacceptable and contrary to relevant policies.
2.
SITE AND SURROUNDINGS
2.1
Photographs of the appeal site and its surroundings are attached under Appendix 1.
2.2
The appeal site is located on the south western side of Akerman Road and comprises
a semi-detached property. The site is not located within a Conservation Area and the
property is not listed.
2.3
The character of the street is that of predominately two storey semi-detached
properties with some two storey side extension and detached houses on the ends of
the road. There are no TPO's on the site.
2.4
The appeal site does not have any specific land allocation or policy constraints and
does not comprise of a listed building or sit in a conservation area.
3.
REVELEVANT HISTORY
Planning
3.1
Planning application 15/16233/FUL for the erection of a part two storey, part single
storey side/rear extension, erection of garden shed, and installation of vehicle
crossover and subdivison of existing site to provide an additional (two bedroomed)
residential unit following demolition of existing single storey garage and rear
extension was validated by the Council on the 9th June 2015 and taken to the
Surbiton neighbourhood Committee on the 8th October 2015 where Councillors voted
to refuse the application. The application was refused on the 9th October 2014. This
decision is the subject of the current appeal.
Page 2 of 20
Royal Borough of Kingston upon Thames Written Statement
3 Akerman Road, Surbiton, KT6 5NS
4.
PROPOSAL
4.1
The proposal the subject of this appeal concerns the “Erection of part two storey, part
single storey side/rear extension, erection of garden shed, and installation of vehicle
crossover and subdivison of existing site to provide an additional (two bedroomed)
residential unit following demolition of existing single storey garage and rear
extension.”
5.
NEIGHBOUR NOTIFICATION
5.1
During the planning application process, 25 neighbouring properties were notified of
the proposal and 10 letters of objection were received. The concerns raised included:
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Out of character;
Loss of privacy;
Increased noise;
Loss of parking;
Additional bins; and
Overdevelopment.
6.
POLICY CONTEXT
6.1
Section 38(6) the Planning and Compulsory Purchase Act 2004 and Section 70(2) of
the Town and Country planning Act 1990 require that an application for planning
permission is determined in accordance with the Development Plan, unless material
considerations indicate otherwise.
6.2
Copies of the relevant London Plan and Kingston Core Strategy extracts were
submitted with the appeal questionnaire. The salient principles are highlighted below.
6.3
National Planning Policy Framework 2012 (NPPF)
6.3.1
The NPPF states in Paragraph 56 that the Government attaches great importance to
the design of the built environment. The paragraph goes on to state that good design
is a key aspect of sustainable development, is indivisible from good planning and
should contribute positively to making places better for people.
6.3.2
Paragraph 58 sets out the desire for well-functioning developments that respond to
and fit in the local surroundings. It states that developments should function well and
add to the overall quality of the area for the lifetime of the development while also
establishing a strong sense of place, creating attractive and comfortable places to
live, work and visit. The paragraph goes further to aim for developments to respond
to local character and reflect the identity of local surroundings and materials, while
not preventing or discouraging appropriate innovation.
6.3.3
Paragraph 59 states that design policies should concentrate on guiding the overall
scale, density, massing, height, landscape, layout, materials and access of new
development in relation to neighbouring buildings and the local area more generally.
This demonstrates how important it is for a development to fit in and complement an
area rather than have a detrimental effect.
Page 3 of 20
Royal Borough of Kingston upon Thames Written Statement
3 Akerman Road, Surbiton, KT6 5NS
6.4
Kingston Core Strategy:
6.4.1 The Royal Borough of Kingston Core Strategy was adopted in April 2012.
6.4.2
Policy 7.4 (Local Character) sets out that developments should have regard to the
form, function, and structure of an area, place or street and the scale, mass and
orientation of surrounding buildings.
6.4.3
Policy 7.4 goes on further to require developments to provide a high quality design
response that has regard to the pattern and grain of the existing spaces and streets
in orientation, scale, proportion and mass. The Policy also expects that the
development will contribute to a positive relationship with the surrounding historic
environment and allow existing nearby buildings and structures that make a positive
contribution to the character of a place to influence the future character of the area.
6.4.4
The architecture of a development should make a positive contribution to a coherent
public realm and streetscape as stated in Policy 7.6 (Architecture). The Policy goes
on to state that developments should not cause unacceptable harm to the amenity of
surrounding buildings, particularly residential buildings, in relation to privacy,
overshadowing, wind and microclimate with this being particularly important for tall
buildings.
6.4.5
Policy 7.6 (Architecture) states that architecture should make a positive contribution
to a coherent public realm, streetscape and wider cityscape. It should incorporate the
highest quality materials and design appropriate to its context.
6.4.6
The policy continues on to state that buildings and structures should:





6.5
Be of the highest architectural quality;
Be of a proportion, composition, scale and orientation that enhances, activates and
appropriately defines the public realm;
Comprise details and materials that complement, not necessarily replicate, the local
architectural character;
Not cause unacceptable harm to the amenity of surrounding land and buildings,
particularly residential buildings, in relation to privacy, overshadowing, wind and
microclimate; and
Provide high quality indoor and outdoor spaces and integrate well with the
surrounding streets and open spaces.
Kingston Core Strategy:
6.5.1 The Royal Borough of Kingston Core Strategy was adopted in April 2012.
6.5.2
Policy CS08 (Character, Heritage and Design) states that the Council will protect the
primarily suburban character of the Borough, existing buildings and areas of high
quality and historic interest from inappropriate development. The policy continues,
stating that the borough will seek opportunities for sensitive enhancement in these
areas and in areas of poorer environmental quality, where the character has been
eroded or needs improving. It goes on to say that the Council will seek to ensure that
new development:



recognises distinctive local features and character;
has regard to the historic and natural environment;
helps enhance locally distinctive places of high architectural and urban design
quality;
Page 4 of 20
Royal Borough of Kingston upon Thames Written Statement
3 Akerman Road, Surbiton, KT6 5NS


accords with Neighbourhood ‘strategies for delivery’ set out under ‘Character,
Design and Heritage’; and
relates well and connects to its surroundings.
6.5.3
CS08 also states that the Council will also require higher standards of design
generally to achieve a more attractive, sustainable and accessible environment.
6.5.4
DM10 (Design Requirements for New Developments) identifies the most essential
elements which contribute toward the character and local distinctiveness of a street
or an area which should be respected, maintained or enhanced, and includes the
following:
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6.5.5
Prevailing development typology, including house type, sizes, and occupancy;
Prevailing density of the surrounding area;
Scale, layout, height, form, massing;
Plot width and format which includes spaces between buildings;
Building line build up, set back, and front boundary; and
typical details and key features such as roof forms, window format, building
materials and design detailing of elevations, existence of grass verges etc.
Policy DM10 goes onto state that in addition to the above requirements, the Council
will have particular regard to the significant contribution that existing private
residential gardens make to the:
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The Boroughs suburban character and distinctive local context;
The provision of private amenity space;
Biodiversity and the natural and green environment; and
Reducing the impacts of flooding and climate change.
6.6
Residential Design SPD
6.6.1
The Residential Design SPD objectives and purposes (Paragraphs 1.1 to 1.4) states
that the objective of the Supplementary Planning Document (SPD) is to ensure that
residential development in the Borough achieves the highest possible standards in
design and surroundings that is an inspiration to both residents and visitors to
Kingston.
6.6.2
The SPD continues that there is a cost to bad design. Where places and buildings
ignore character, continuity, and legibility the costs are borne by the occupiers,
neighbours and the wider community. This could mean the cost of retrofitting a house
to achieve good standards of insulation and energy efficiency; the ongoing cost of
maintenance of badly designed communal spaces; the cost of tackling crime and
anti-social behaviour that has resulted from ill-considered design; or, in extreme
cases, the cost of demolishing and redeveloping a poorly designed housing estate.
6.6.3
In addition, badly planned development may be unattractive, gloomy and represent
blight both at the level of the individual house and the wider street. Residential design
which is not inclusive, considering the needs for everyone, is not good enough. Good
design means placing people at the heart of the design process. Houses that have
been designed poorly may not be adaptable and therefore unable to cope with the
changing needs of the occupiers.
6.6.4
The SPD concludes that it is accepted that it is not always easy to say what
represents good design when looking at residential development. However, the SPD
promotes the design of high quality residential development proposals in the Borough
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Royal Borough of Kingston upon Thames Written Statement
3 Akerman Road, Surbiton, KT6 5NS
and is guidance is intended to help accelerate the pace of sustainable development,
a key principle in UK Government planning policy.
6.6.5
Policy Guidance (PG) 36 (Two Storey Side and First Floor Side Extensions), that two
storey side and first floor extensions should be designed to be in harmony with the
appearance and character of the area. In practice this means:
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6.6.6
The extension should remain subordinate to the original house;
The roof of the extension should reflect and relate well to the main house and its
roof form;
Flat roofs should generally be avoided unless they are consistent with the form of
the existing building's roof;
Care should be taken to retain characteristic gaps between houses to prevent
them from combining visually to form a 'terrace';
Features such as doors and windows on the new extension should relate to those
on the original house in terms of their style and positioning;
The line of the roof's eaves should run with that of the original dwelling; and
A minimum distance of 21 metres shall be maintained between habitable room
windows of neighbouring properties.
Furthermore, the guidance goes onto state that on semi-detached properties,
proposed side extensions should also:
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Respect the symmetry of the adjoining semi-detached property;
Not exceed 50% the width of the original house;
Be set in from the boundary by at least 1m to maintain the existing gaps between
properties and the rhythm of gaps;
The roof line should be set down from that of the original house by a minimum of
500mm; and,
The front elevation should be set-back by at least 500mm from the front of the
house.
7.
EXPLANATION OF THE COUNCIL’S CASE
7.1
The Council’s reason for refusal related to the design and density of the development:
1) The proposed dwelling by virtue of its design, density, scale, and massing, would
be an incongruous form of development out of keeping with the surrounding
typology and established urban grain, adversely affecting the character and
appearance of the area. The proposal would therefore be unacceptable and
contrary to Policies DM10, DM12 and CS8 of the Core Strategy (Adopted April
2012), The Residential Design SPD (Adopted July 2013) and Policies 7.4 and
7.6 of The London Plan Consolidated with Alterations (March 2015).
7.1.1
The Council’s case regarding this reason is set out below.
7.1.2
The Council’s Core Strategy desires new developments to contribute towards and
respect the character and local distinctiveness of the local street and area and to
ensure that it relates well and connects to its surroundings.
7.1.3
The Residential Design SPD (adopted July 2013) seeks to further improve and
maintain the residential design character of the borough.
7.1.4
PG 36 states that for a two storey side extension on a semi-detached house would
be expected to be set down from the ridge by 0.5 metres, set in from the front
Page 6 of 20
Royal Borough of Kingston upon Thames Written Statement
3 Akerman Road, Surbiton, KT6 5NS
elevation by 0.5 metres, set in from the side boundary by 1 metre and to not exceed
50% of the width of the house to ensure the extension remains subordinate to the
main house and does not for a terracing effect.
7.1.5
The proposed extension subject to the appeal fails to meet all of the above
expectations bar the 1 metre set in from the boundary, ensuring that the proposed
extension would not be subordinate to the host dwelling and would be considered an
excessive an incongruous development that would be 64.29% of the size of the host
dwelling to allow for the creation of an additional unit.
7.1.6
The proposed development has been designed to match the adjacent two storey side
extension at No. 5 Akerman Road and the opposite two storey side extensions at
Nos. 12 and 14 Akerman Road. The extension also matches 4 other extensions
within the street. The argument has been put forward that this style of two storey
extension are representative of the character of the area however, these extensions
are few in number when considered against the 15 other properties in the street,
representing less than a third of the street.
7.1.7
6 of the 7 matching extensions were permitted prior to the Kingston Core Strategy
being adopted in April 2012, with all 7 of the matching extensions permitted prior to
the adoption of the Residential Design SPD in July 2013. The date of the
permissions, application numbers and relevant properties are detailed in Appendix 2.
7.1.8
The Residential Design SPD seeks to improve the character and design of the
residential areas and extensions within the borough. Although regard should be
taken of the surrounding character of the street, the poor architectural form of the two
storey side extensions of less than a third of the properties on the street should not
be taken as a precedent to allow a further reduction in the character of the street.
7.1.9
The proposed extension would allow for the creation of a new unit would on a plot not
large enough to accommodate its own car parking, with a Unilateral Undertaking for
car capping required should the appeal be allowed. The proposed front door to the
new unit would exit directly onto the front hardstanding for the car parking for No. 3
Akerman Road, further emphasising the constrained nature of the site.
7.1.10 The creation of an additional unit through the sub-division of the plot, within a street
of semi-detached properties, would set a precedent for the subdivision of semidetached properties on Akerman Road, leading to a significant change in the
character of the area and an size of plots and properties within a suburban residential
area characterised by modest semi-detached properties.
7.1.11 It is therefore considered that the proposed extension, creating a new dwelling is
unacceptable, with the proposal resulting in an incongruous form of development, by
virtue of its design, density, scale, and massing, that would cause harm to the
established urban grain, adversely affecting the character and appearance of the
area. The proposal would therefore be unacceptable and contrary to Policies DM10,
DM12 and CS8 of the Core Strategy (Adopted April 2012), The Residential Design
SPD (Adopted July 2013) and Policies 7.4 and 7.6 of The London Plan Consolidated
with Alterations (March 2015).
8.1
COMMENTS ON GROUNDS OF APPEAL
8.2
The Council has carefully considered the appellant’s statement. There is nothing
within the appellant’s case which on reconsideration would result in the Local
Planning Authority reaching a different decision.
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Royal Borough of Kingston upon Thames Written Statement
3 Akerman Road, Surbiton, KT6 5NS
9.1
CONCLUSION
9.2
For the reasons as set out above, the Council respectfully requests that the planning
appeal should be dismissed. However, should the Inspector be minded to allow the
appeal, the Council request that any permission is subject to a Unilateral Undertaking
for car capping on the site along with conditions, as suggested in Appendix 3.
Page 8 of 20
Royal Borough of Kingston upon Thames Written Statement
3 Akerman Road, Surbiton, KT6 5NS
Appendix 1 – Photographs of the Site and Surrounds
Photographs of the Site
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Royal Borough of Kingston upon Thames Written Statement
3 Akerman Road, Surbiton, KT6 5NS
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Royal Borough of Kingston upon Thames Written Statement
3 Akerman Road, Surbiton, KT6 5NS
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Royal Borough of Kingston upon Thames Written Statement
3 Akerman Road, Surbiton, KT6 5NS
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Royal Borough of Kingston upon Thames Written Statement
3 Akerman Road, Surbiton, KT6 5NS
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Royal Borough of Kingston upon Thames Written Statement
3 Akerman Road, Surbiton, KT6 5NS
Appendix 2 – Built Two Storey Side Extensions Matching the Proposed Extension at
No. 3 Akerman Road
Address
No. 5 Akerman Road
No. 6 Akerman Road
No. 12 Akerman Road
No. 13 Akerman Road
No. 14 Akerman Road
No. 15 Akerman Road
No. 22 Akerman Road
Application
Number
32179
12/16125/FUL
01/07443/FUL
05/16202/FUL
05/16586/FUL
05/16478/FUL
06/16177/FUL
Date of
Permission
10/02/1987
17/05/2012
11/01/2002
29/06/2005
20/01/2006
28/10/2005
29/06/2006
Page 14 of 20
Pre Core Strategy
(April 2012)
Yes
No
Yes
Yes
Yes
Yes
Yes
Pre SPD
(July 2013)
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Royal Borough of Kingston upon Thames Written Statement
3 Akerman Road, Surbiton, KT6 5NS
Appendix 3 - Suggested Conditions Should Planning Permission be Granted
Should the Inspector be minded to allow this Appeal, the Council provides the following
conditions (without prejudice) and information notes to be attached to the decision notice for
full planning permission:
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 development hereby permitted shall be carried out in accordance with the
following approved plans:
03 - Existing Ground Floor Plan
05 - Existing First Floor Plan
07 - Existing Roof Plan
09 - Existing Front Elevation
10 - Existing Rear Elevation
017 - Existing Section
015 Existing Left Elevation
015 - Existing Rear Elevation
016 - Existing Right Elevation
018 - Proposed Section
014 Rev B - Proposed Left Elevation Option 2
01 - Block Plan and Location Plan (Superceded)
08 Rev B - Proposed Roof Plan Option 2
13 Rev A - Proposed Rear Elevation Option 2
12 Rev B - Proposed Right Elevation Option 2
18 Rev A - Proposed Section Option 2
04 Rev A - Proposed Ground Floor Plan Option 2
11 Rev A - Proposed Front Elevation Option 2
06 Rev B - Proposed 1st Floor Plan Option 2
01 Rev A - Block Plan and Location Plan
10/03/2015
10/03/2015
10/03/2015
10/03/2015
10/03/2015
05/05/2015
05/05/2015
05/05/2015
05/05/2015
05/05/2015
23/09/2015
22/09/2015
22/09/2015
22/09/2015
22/09/2015
22/09/2015
22/09/2015
22/09/2015
22/09/2015
24/09/2015
Reason: For avoidance of doubt and in the interests of proper planning.
3
Notwithstanding the provisions of Part 1 of Schedule 2 of the Town and
Country Planning (General Permitted Development) (England) Order 2015 (or
any Order revoking or re-enacting this Order) no extensions (including porches
or dormer windows) to the dwelling houses or buildings shall be erected within
the curtilage.
Reason: To safeguard the privacy and amenity of adjoining occupiers,
maintain adequate amenity space and safeguard the cohesive appearance of
the development in accordance with Policy DM10 (Design Requirements for
New Developments including House Extensions) of the LDF Core Strategy
Adopted April 2012.
4
Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) (England) Order 2015 (or any Order revoking or rePage 15 of 20
Royal Borough of Kingston upon Thames Written Statement
3 Akerman Road, Surbiton, KT6 5NS
enacting this Order) no windows or other openings (other than those hereby
approved) shall be formed in the side 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 Policy DM10 (Design Requirements
for New Developments including House Extensions) of the LDF Core Strategy
Adopted April 2012.
5
Before any occupation of the dwelling house, the window in the side elevation
and situated on the first floor of the building hereby permitted, shall be
constructed so that no part of the framework less than 1.7m above finished
floor level shall be openable. Any part below that level shall be fitted with, and
retained in, obscure glazing of a patterned type only which shall thereafter be
retained as such.
Reason: To protect the amenities and privacy of the occupiers of the adjoining
residential properties in accordance with Policy DM10 (Design Requirements
for New Developments including House Extensions) of the LDF Core Strategy
Adopted April 2012.
6
The materials and finishes of the external walls, doors, windows and roof of the
development hereby permitted shall match in colour and texture those of the
attached No. 3 Akerman Road and shall thereafter be retained as such.
Reason: To ensure a satisfactory appearance on completion of the
development in accordance with Policy DM10 (Design Requirements for New
Developments including House Extensions) of the LDF Core Strategy Adopted
April 2012.
7
No development shall commence until a landscaping scheme and planting plan
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: The details would affect subsequent design of other elements of the
scheme and must be agreed at the outset and 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 DM10 (Design Requirements for
New Developments including House Extensions) of the LDF Core Strategy
Adopted April 2012.
8
The car parking accommodation shown upon the approved drawings shall be
provided with a hard bound dust free surface, adequately drained before the
development to which it relates is occupied and thereafter it shall be kept free
from obstruction at all times for use by the occupier of the development and
shall not thereafter be used for any purposes other than the parking of vehicles
for the occupiers of the development and visitors to it.
Reason: To ensure the provision of adequate off-street parking
accommodation and to avoid the congestion of surrounding roads by parked
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Royal Borough of Kingston upon Thames Written Statement
3 Akerman Road, Surbiton, KT6 5NS
vehicles in accordance with Policy DM10 (Design Requirements for New
Developments including House Extensions) of the LDF Core Strategy Adopted
April 2012.
9
No part of the development hereby approved shall be occupied until evidence
has been submitted to the council confirming that the development has
achieved not less than the CO2 reductions (ENE1), internal water usage
(WAT1) standards equivalent to Code for Sustainable Homes level 4. Evidence
requirements are detailed in the "Schedule of evidence Required for Post
Construction Stage from Ene1 & Wat1 of the Code for Sustainable Homes
Technical Guide. Evidence to demonstrate a 19% reduction compared to 2013
part L regulations and internal water usage rates of 105l/p/ day must be
submitted to and approved by the Local Planning Authority, unless otherwise
agreed in writing.
Reason: In the interests of sustainability and energy conservation in
accordance with Policies 5.2 (Minimising Carbon Dioxide Emissions) and 5.3
(Sustainable Design & Construction) of the London Plan (July 2011) and Policy
DM1 (Sustainable Design and Construction Standards) of the LDF Core
Strategy Adopted April 2012.
10
Prior to the occupation of the approved dwelling house, full details of refuse
storage facilities and recycling facilities shall be submitted to and approved in
writing by the Local Planning Authority. The facilities shall be located to the
rear of the site.
The facilities are to be permanently retained at the site.
Reason: To ensure the provision of refuse facilities to the satisfaction of the
Council in accordance with Policy DM10 (Design Requirements for New
Developments including House Extensions) of the LDF Core Strategy Adopted
April 2012.
11
Prior to the occupation of the approved dwelling house, full details of the
secure and covered cycle parking shall be submitted to and approved in writing
by the Local Planning Authority. The facilities shall be located to the rear of the
site.
The facilities are to be permanently retained at the site.
Reason: To ensure the provision of refuse facilities to the satisfaction of the
Council in accordance with Policy DM10 (Design Requirements for New
Developments including House Extensions) of the LDF Core Strategy Adopted
April 2012.
12
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:
(a)
(b)
(c)
(d)
(e)
(f)
Provision for loading/unloading materials.
Storage of plant, materials and operatives vehicles.
Temporary site access.
Signing system for works traffic.
Measures for the laying of dust, suppression of noise and
abatement of other nuisance arising from development works.
Location of all ancillary site buildings.
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Royal Borough of Kingston upon Thames Written Statement
3 Akerman Road, Surbiton, KT6 5NS
(g)
(h)
(i)
(j)
(k)
(l)
Measures to protect any tree, shrubbery and other landscape
features to be retained on the site during the course of
development.
Means of enclosure of the site.
Wheel washing equipment.
The parking of vehicles of the site operatives and visitors
The erection and maintenance of security hoarding.
Hours of construction.
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 Policy DM10 (Design Requirements for New Developments
including House Extensions) of the LDF Core Strategy Adopted April 2012.
Informatives
1
In dealing with the application the Council has implemented the requirement in
the National Planning Policy Framework to work with the applicant in a positive
and proactive way. We have made available detailed advice in the form or our
statutory policies in the Core Strategy, Supplementary Planning Documents,
Planning Briefs and other informal written guidance, as well as offering a full
pre-application advice service. We have however been unable to seek
solutions to problems arising from the application as the principal of the
proposal is clearly contrary to our statutory policies and negotiation could not
overcome the reasons for refusal.
2
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.
3
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.
4
The Party Wall Act 1996 requires a building owner to notify, and obtain formal
agreement from, any adjoining owner, where the building owner proposes to:
 carry out work to an existing party wall;
 build on the boundary with a neighbouring property;
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Royal Borough of Kingston upon Thames Written Statement
3 Akerman Road, Surbiton, KT6 5NS
in some circumstances, carry out groundwork’s within 6 metres of an
adjoining building.
Notification and agreements under this Act are the responsibility of the building
owner and are quite separate from Building Regulations, or Planning Controls.
The Building Control Service will assume that an applicant has obtained any
necessary agreements with the adjoining owner, and nothing said or implied by
the Council should be taken as removing the necessity for the building owner
to comply fully with the Party Wall Act. Further information and advice is to be
found in “The Party Walls etc. Act 1996 - Explanatory Booklet”.

5
The use of any type of film material affixed to clear glass is not acceptable for
the purposes of Condition 5. All glazing should conform with Approved
Document N of the Building Regulations 2000 which provides guidance about
the suitability of glass at low level and in critical locations.
Page 19 of 20
Royal Borough of Kingston upon Thames - Written Statement
3 Akerman Road, Surbiton, KT6 5NS