12 JANUARY 2016 PLANNING COMMITTEE 15/1066 Reg’d: 09.10.2015 Expires: Nei. 29.10.20 Con. 15 Exp: BVPI Target Minor Number of Weeks on Cttee’ Day: LOCATION: Grey Walls, Hook Heath Road, Woking, Surrey, GU22 0QD PROPOSAL: Erection of detached dwelling with integral garage, new access and associated landscaping on land adjacent to Grey Walls TYPE: FULL APPLICANT: Mr & Mrs Ebdon 5g 04.12.20 15 14/8 Ward: On Target? SJ & HH No OFFICER: Carol Ann O’Kane _________________________________________________________________________ REASON FOR REFERRAL TO COMMITTEE The application is required to be referred to Planning Committee as it is for the creation of a new dwelling which is recommended for approval. SUMMARY OF PROPOSED DEVELOPMENT Erection of detached dwelling with integral garage, new access and associated landscaping on land adjacent to Grey Walls. PLANNING STATUS Urban Area Conservation Area Locally Listed Building Hook Heath Neighbourhood Area Adjoins the Green Belt Archaeological 40 metre buffer ring Thames Basin Heaths SPA Zone B RECOMMENDATION GRANT planning permission subject to conditions and a completed legal agreement to secure affordable housing contribution including overage clause SITE DESCRIPTION The application site comprises of a large section of the existing garden to the property Grey Walls, which is a large Locally Listed building with Arts & Crafts design features. The site is located to the north of Hook Heath Road which has a verdant character and appearance and forms part of the Fishers Hill Conservation Area. The plot predominantly comprises of soft landscaping and a number of mature trees are situated in and surrounding the site. The front of the site comprises of a large hedge, grass bank and mature trees. PLANNING HISTORY 99 12 JANUARY 2016 PLANNING COMMITTEE PLAN/2007/1040 - Demolition of existing ground floor side extension and erection of a single storey side extension, including roof accommodation and link to garage - Permitted 14.11.2007 PLAN/2013/0857 – Erection of detached dwelling with detached garage, new access and associated landscaping on land adjacent to Grey Walls – Committee Meeting 16.06.2015 Permitted 03.07.2015 PROPOSED DEVELOPMENT The application seeks planning permission for the erection of a large two storey detached property with accommodation in the roof and an integral garage. The proposed dwelling would comprise of an ‘Arts and Crafts’ influenced design with steeply pitched roofs, gables and gablets, tile hanging, rustic brickwork and small paned windows. The entrance to the site would be in the south east corner off of Hook Heath Road. The entrance would be defined by gates and brick piers set back from the main carriageway. An area of hard surfacing would be situated to the front of the main building and would serve as a driveway. Planning permission was previously granted under application PLAN/2013/0857 in July 2015 for a new dwelling on the plot. The main changes from that previously approved is a new house type with integral garage and driveway layout. SUMMARY INFORMATION Site Area Existing units Proposed units Number of bedrooms per unit Proposed density of area - dwellings/hectare Existing density of site - dwellings/hectare Existing density of area - dwellings/hectare Previous land use Existing parking spaces Proposed parking spaces 3000 sqm 0 1 5 bed 3.3 dph 1.8 dph 2.8 dph Residential garden >2 >2 CONSULTATIONS County Highway Authority – The CHA has assessed the new application and concludes that there are no significant differences to the previous application PLAN/2013/0857 in terms of its impact on the local highway network and therefore requests that the conditions requested previously be included on any new permission granted. Arboricultural Officer – No objection subject to conditions. Conservation Consultant - No objection, considers current design to be respectful of other buildings in the Conservation Area and to be a design which should readily weather into making a pleasing contribution to the wider area. Housing and Enabling Officer – Affordable housing contribution of £20,281.00 sought with overage clawback valid for a period for 3 years from the date of completion of the dwelling in line with self build certification under CIL. County Archaeologist – No response. 100 12 JANUARY 2016 PLANNING COMMITTEE Officer Response: The County Archaeologist previously had no objection and given that the proposed dwelling is sited in a similar position to that previously approved, it is not considered that there are any archaeological implications with this application. REPRESENTATIONS 1 letter of representation was received, summarised as: Overall support the development, but would be grateful if the applicant could ensure that the entrance to my driveway is kept clear and I can exit it with no reduced vision of traffic. RELEVANT PLANNING POLICIES National Planning Policy Framework 2012 Section 6: Delivering a wide choice of high quality homes Section 7: Requiring good design Section 11: Conserving and enhancing the natural environment Section 12: Conserving and enhancing the historic environment Woking Borough Local Plan 1999 HSG22: Plot Subdivision Infilling and Backland Development Core Strategy 2012 CS1: A Spatial Strategy for Woking CS8: Thames Basin Heaths Special Protection Area CS10: Housing provision and distribution CS12: Affordable housing CS18: Transport and accessibility CS20: Heritage and conservation CS21: Design CS22: Sustainable Design and Construction CS24: Woking’s Landscape and Townscape CS25: Presumption in Favour of Sustainable Development Hook Heath Neighbourhood Plan BE1: Design of new developments BE2: Off-road parking Development Management Policies DPD (Regulation 19 Consultation) DM2: Trees and landscaping DM10: Development on Garden Land DM13: Buildings Within and Adjoining the Green Belt DM20: Heritage Assets and their Settings Supplementary Planning Document/Guidance Parking Standards Outlook, Amenity, Privacy and Daylight Design Affordable Housing Plot Sub-Div Infilling and Backland Development Thames Basin Heaths Special Protection Area Avoidance Strategy 2010-2015 PLANNING ISSUES 101 12 JANUARY 2016 PLANNING COMMITTEE Principle of development 1. Given that planning permission has already been granted for a new dwelling under reference PLAN/2013/0857 in accordance with local and national planning policy, it is considered that the principle of a dwelling on the site has already been established. Design and the impact on the character and appearance of Fishers Hill Conservation Area and setting of the Locally Listed Building 2. The Council must pay special attention to the desirability of preserving or enhancing the character and appearance of the conservation area, as required under Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990. The NPPF states that in assessing planning applications, local planning authorities should take account of the desirability of sustaining and enhancing the significance of heritage assets and new development making a positive contribution to local character and distinctiveness. 3. At a local level, Policy CS20 of the Core Strategy states that new development should make a positive contribution to the character, distinctiveness and significance of the historic environment. Policy CS21 goes onto say that new developments should respect and make a positive contribution to the street scene and the character of the area in which they are situated, paying due regard to the scale, height, proportions, building lines, layout, materials and other characteristics of adjoining buildings and land. 4. Saved policy HSG22 of the Woking Borough Local Plan (1999) cites that the proposed layout and spacing of dwellings should ‘reflect the prevailing pattern of housing development in the area’. 5. More recently, the Hook Heath Neighbourhood Plan has been adopted which is a material consideration in determining applications which fall within the Hook Heath Neighbourhood Area. Policy BE1 states that new development should maintain or enhance the character of the area. 6. The site is within the Fishers Hill Conservation Area which was originally developed in the form of large detached dwellings in secluded plots. The original character has been partially eroded by subsequent plot subdivision and infill development. However the area has largely retained its character of sizable detached properties with good architectural quality in well landscaped plots. The proposed development follows the same plot size, siting and general layout already established under planning permission PLAN/2013/0857 which would result in two generously sized residential plots in keeping with the grain of the development that characterises the area. 7. The design of the proposed building is heavily influenced by the Arts and Crafts movement which is in keeping with many buildings within the Fishers Hill Conservation Area through the use of steeply pitched roofs, gables and gablets, tile hanging, rustic brickwork and small paned windows. It is considered that the proposed building would be of a high quality design with good quality architectural detailing. Whilst the proposed dwelling is of a substantial size, it is well balanced in its proportions and there is sufficient space surrounding it to ensure that it would sit well within the landscape. 102 12 JANUARY 2016 PLANNING COMMITTEE 8. The Conservation Area has a verdant appearance and many of the properties have substantial planting along the front boundaries. The proposed development would result in the removal of a 9 metre section of the existing front hedge to accommodate the proposed vehicular access which was considered to be acceptable under the previous planning permission PLAN/2013/0857 as the majority of the hedge would be retained, preserving the existing street scene. At the entrance to the site, a set of gates, brick piers and walls are proposed. It is considered that these would of a low key nature in keeping with other entrances found along Hook Heath Road. 9. The existing property ‘Grey Walls’ is Locally Listed for its townscape merit. The proposed dwelling would be situated approximately 15 metres away and would maintain a good degree of separation between the properties. The proposal would be situated further forward than ‘Grey Walls’ but given the deep frontage of both properties, it is not considered that this would detrimentally obscure views of the property. It is considered that the proposed dwelling would preserve the setting of the Locally Listed building. 10. In light of the above, the proposed development is considered to be of an acceptable design and would preserve the character and appearance of the Conservation Area. In addition the setting of the adjacent Locally Listed Building would not be detrimentally affected. The proposal would therefore be considered to comply with the NPPF, Policies CS20 and CS21 of the Core Strategy, Policy HSG22 of the Local Plan, Plot Subdivision - Infilling and Backland Development SPG, Design SPD and Hook Heath Neighbourhood Plan. Impact on residential amenity 11. The proposed dwelling would maintain a similar relationship to adjoining properties to that of the approved scheme under ref PLAN/2013/0857. The existing property ‘Grey Walls’ has numerous side windows facing the application site. The proposed dwelling would be set an appropriate distance away from the adjoining property to maintain an adequate level of daylight and outlook to this property. There are no first floor windows or above on the eastern side elevation of the proposed dwelling and as such there are no issues relating to loss of privacy or overlooking. In addition a condition has been recommended to preclude the insertion of further windows without planning permission having been first obtained (Condition 7) and the landscaping scheme also proposes substantial planting along this boundary. The application property would have a sizable garden area and would provide sufficient levels of daylight, sunlight and outlook to the main habitable rooms. 12. The rear of the site backs onto the rear gardens of the properties Dormy House and Penwood. The two storey element of the proposal would be approximately 32 metres to the common boundary and 55 metres to these neighbouring dwellings. It is considered that this separation distance is sufficient to maintain privacy of all the properties. 13. Taking the above into consideration, the proposed development would have an acceptable impact on the amenity currently enjoyed by the occupiers of the adjacent residential properties and provide a good standard of amenity for the future occupiers of the application property in accordance with Policy CS21 of the Core Strategy, Outlook, Amenity, Privacy and Daylight SPD and a core principle of the NPPF. Highways and parking implications 103 12 JANUARY 2016 PLANNING COMMITTEE 14. The proposal seeks one additional vehicular access onto Hook Heath Road. The proposed gates would be set back one car length from the carriageway to avoid vehicles obstructing the highway. The site has capacity for adequate off street parking in accordance with the Parking SPD and Hook Heath Neighbourhood Plan. The County Highway Authority has raised no objection subject to the recommended conditions 9 and 10. Impact on trees 15. The Conservation Area has an Arcadian character and appearance and is dominated by large trees and prominent vegetation. The proposal seeks to retain all trees on the site and also proposes additional tree and hedge planting. The application is supported by an Arboricultural Impact Assessment and Method Statement which was updated to take account of the entrance walls and piers and location of services. The Arboricultural Officer considers the information submitted to be acceptable and raises no objection to the proposed development. Conditions have been recommended to ensure that the arboricultural information and landscaping scheme is complied with in full and the southern boundary hedge is retained. (Conditions 4, 11, 12) The proposed development is therefore considered to be in accordance with Policy CS21 of the Core Strategy. Sustainability 16. As the Code for Sustainable Homes has been withdrawn, the approach to the implementation of Policy CS22 (Sustainable Construction) has been amended. At present new residential developments shall be constructed to achieve a water consumption standard of using no more than 105 litres per person per day maximum indoor water consumption and not less than a 19% CO2 improvement over the 2013 Building Regulations TER Baseline (Domestic). The applicant has submitted an Energy Report which demonstrates compliance with these requirements and as such a condition has been recommended to secure this. (Condition 5) Community Infrastructure Levy (CIL) and Impact on the Thames Basin Heaths Special Protection Area 17. In line with the Council’s Charging Schedule the proposed development would now be CIL liable as it would result in an increase of 494m2 gross internal residential floor space. The applicant has confirmed that they wish to apply for the self build exemption and as such no CIL payment would be required. 18. The application site is located within 400m - 5km of the Thames Basin Heaths Special Protection Area. Within this location avoidance measures must be provided against the impact of the proposed development on the SPA. Part of the CIL charge includes a contribution towards Suitable Accessible Natural Greenspace (SANG) as specified in the Council’s Community Infrastructure Levy Charging Schedule October 2014. However as self builds are exempt from CIL, CIL tariffs have been adjusted accordingly such that chargeable residential development absorbs the shortfall in contributions in instances like these. 19. Furthermore in order to effectively mitigate the impacts of residential development on the SPA a contribution is also required towards The Strategic Access Management and Monitoring (SAMM) to monitor and manage the impact of people using the SPA. In accordance with the Updated April 2015 Avoidance Strategy Tariff a payment of £963.00 would be required. This SAMM payment has already been paid for this plot 104 12 JANUARY 2016 PLANNING COMMITTEE under the previous planning application PLAN/2013/0857 and as such appropriate mitigation has been made. Affordable Housing 20. As the proposed dwelling would be located within garden land it would be treated as ‘Greenfield’ land. Policy CS12 of the Core Strategy states that the Council will seek a 50% affordable housing contribution against new residential development on Greenfield land. In exceptional circumstances, where the provision of affordable housing is not economically viable, the Council will expect the submission of financial appraisal information. 21. The application site was bought by the current applicant during the window when affordable housing was no longer being sought. The applicant has submitted a viability appraisal which the Housing and Enabling Officer has reviewed and they have advised that a reduced affordable housing contribution of £20,281.00 should be sought which would still allow for a reasonable profit to be made on the development. 22. Furthermore the Council’s Affordable Housing SPD advises that where a reduced affordable housing contribution is agreed, the Council may require an overage clause to claw back the remaining affordable housing contribution if the development of the site proves to be more financially viable than originally suggested. 23. In this instance, the Housing and Enabling Officer has advised that an overage clause should be included to claw back a maximum of £48,276.00, if the property is sold for more than previously valued which would enable the full affordable housing contribution to be collected. As this property is to be built under a self build exemption which means that the property cannot be sold for a period of 3 years, it is considered reasonable that the overage clause should correspond with this time frame as well. The applicant has submitted a signed legal agreement to secure these matters which is currently with the Council’s legal department for completion. The proposed development is therefore considered to be acceptable with regards to Policy CS12 of the Core Strategy. Pro-active working 24. In assessing this application, officers have worked with the applicant in a positive and proactive manner consistent with the requirements of paragraphs 186-187 of the NPPF. This included proactively communicating with the applicant through the application process. CONCLUSION 25. The proposed development would have a satisfactory design that would preserve the character and appearance of the Conservation Area. The proposal would not detrimentally affect the setting of the adjacent Locally Listed building called Grey Walls. The proposal would have an acceptable impact on neighbouring amenity, highway safety and the nearby mature trees. The development would incorporate appropriate sustainability measures. The applicant has agreed to enter into a legal agreement to secure a contribution towards affordable housing and overage clause. 26. Overall the proposal is considered to be an acceptable form of development that complies with policies CS1, CS8, CS10, CS12, CS18, CS20, CS21, CS22, CS24 and CS25 of the Core Strategy, Policy HSG22 of the Local Plan, Policies BE1 and 105 12 JANUARY 2016 PLANNING COMMITTEE BE2 of the Hook Heath Neighbourhood Plan, ‘Outlook, Amenity, Privacy and daylight’ SPD, ‘Plot Sub-Div Infilling and Backland Development’ SPG, ‘Parking Standards’ SPD, ‘Design’ SPD, Thames Basin Heaths Special Protection Area Avoidance Strategy 2010-2015 and the provisions of the NPPF. BACKGROUND PAPERS 1. Site photos 2. County Highway Authority Consultation Response 3. Conservation Consultant Consultation Response 4. Arboricultural Officer Consultation Response 5. Housing and Enabling Officer Consultation Response PLANNING OBLIGATIONS 1. 2. Obligation Provision of £20,281 contribution towards affordable housing. Overage clause valid for a period of 3 years from date of completion of the dwelling capped at £48,276.00 Reason for Agreeing Obligation To accord with Policy CS12 of the Woking Core Strategy and the NPPF. To accord with Policy CS12 of the Woking Core Strategy and the NPPF. RECOMMENDATION GRANT planning permission subject to conditions and a completed legal agreement to secure affordable housing contribution including overage clause Conditions 1. The development for which permission is hereby granted must be commenced not later than the expiration of three years beginning with the date of this permission. Reason: To accord with the provisions of Section 91(1) of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004). 2. The development hereby permitted shall be carried out in accordance with the approved plans listed in this notice. 08 received by the Local Planning Authority 25.09.2015 17 received by the Local Planning Authority 25.09.2015 18 received by the Local Planning Authority 25.09.2015 19 received by the Local Planning Authority 25.09.2015 20 received by the Local Planning Authority 25.09.2015 21 received by the Local Planning Authority 25.09.2015 22 received by the Local Planning Authority 25.09.2015 22/LANDSCAPE received by the Local Planning Authority 25.09.2015 Reason: For the avoidance of doubt and in the interests of proper planning. 3. The development hereby permitted shall be constructed in accordance with the material samples submitted with the planning application including the following: 106 12 JANUARY 2016 PLANNING COMMITTEE External Walls: Charnwood Sussex Red Multi Facing and Keymer Traditional Elizabethan Handmade Clay Tiles Roof: Goxhill Dark Chestnut Clay Tiles Windows: Off-white Painted Timber Doors: Hardwood/ Painted Timber The development shall be retained in accordance with these materials thereafter. Reason: To protect the visual amenities of the conservation area and locally listed building in accordance with Policies CS20 and CS21 of the Woking Core Strategy 2012 4. The development shall be carried out in accordance with the hard and soft landscaping scheme detailed on plan Dwg.22/LANDSCAPE and supporting documentation dated 23rd September 2015. The landscaping shall be carried out in the first planting season (November - March) after completion of the development unless otherwise agreed in writing by the Local Planning Authority and shall be maintained for a period of 5 years. Any trees or other plants which die during this period shall be replaced during the next planting season with specimens of the same size and species unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of amenity and biodiversity and to preserve and enhance the character and appearance of the locality in accordance with Policies CS7, CS17, CS20, CS21 and CS24 of the Woking Core Strategy 2012. 5. The development hereby approved shall be carried out in accordance with the Planning Report prepared by Clear Sky Sustainable Homes Ltd dated 16/9/15. The measures contained within the report shall be installed prior to the first occupation of the development and maintained and operated in perpetuity, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that the development achieves a high standard of sustainability and makes efficient use of resources and to comply with Policies CS21 and CS22 of the Woking Core Strategy 2012. 6. Notwithstanding the provisions of Article 3 and Schedule 2 Part 1 and Classes A, B, C, D, E and F of The Town and Country Planning (General Permitted Development) Order 2015 (or any order amending or re-enacting that Order with or without modification), no extensions, enlargement or other alteration to the dwelling house or the provision of any other building or hardstanding within the curtilage other than as expressly authorised by this permission shall be carried out without planning permission being first obtained from the Local Planning Authority. Reason: To ensure a satisfactory form of development takes place and to protect the amenities of occupiers of adjoining properties and to comply with Policies CS20 and CS21 of the Woking Core Strategy 2012. 7. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification) no windows, dormer windows or other openings shall be formed in the first floor of the east elevation of the dwelling including the roof (other than those expressly authorised by the approved drawings) hereby permitted without planning permission being first obtained from the Local Planning Authority. 107 12 JANUARY 2016 PLANNING COMMITTEE Reason: To protect the amenity and privacy of the occupiers of adjoining properties in accordance with Policy CS21 of the Woking Core Strategy 2012. 8. The means of enclosure (including fences, hedges, gates, brick piers and boundary walls) will be implemented in accordance with the approved details prior to the occupation of any part of the development and thereafter maintained to the height and position as approved unless otherwise agreed in writing by the Local Planning Authority. Any hedges and planting which die or become seriously damaged or diseased within a period of 5 years from the completion of the development shall be replaced during the next planting season with specimens of the same size and species unless the Local Planning Authority gives written consent to any variation. Reason: To ensure that the proposed development does not adversely affect the amenities at present enjoyed by the occupiers of the adjoining and nearby properties and to preserve and enhance the character and appearance of the locality in accordance with Policies CS20 and CS21 of the Woking Core Strategy 2012. 9. No new development shall be occupied until space has been laid out within the site in accordance with the approved plans for cars to be parked and for vehicles to turn so that they may enter and leave the site in forward gear. The parking/turning area shall be used and retained exclusively for its designated purpose. Reason: To ensure the development does not prejudice highway safety nor cause inconvenience to other highway users and to provide adequate parking in accordance with Policy CS18 and CS21 of the Woking Core Strategy 2012 and Woking Borough Council’s adopted parking standards. 10. Before the development is occupied the proposed vehicular access to Hook Heath Road shall be constructed and provided with visibility zones of 2m x 58m in accordance with the approved plans and the visibility zones shall be kept permanently clear of any obstruction above 1.05m in height. Reason: To ensure the development does not prejudice highway safety nor cause inconvenience to other highway users in accordance with Policy CS18 of the Woking Core Strategy 2012. 11. Protective measures shall be carried out in strict accordance with the Arboricultural Impact Assessment and Method Statement provided by ACD Arboriculture ref: EIP18513aia_amsB including the convening of a pre-commencement meeting and arboricultural supervision as indicated. No works or demolition shall take place until the tree protective measures have been implemented. Any deviation from the works prescribed or methods agreed in the report will require prior written approval from the Local Planning Authority. Reason: To ensure reasonable measures are taken to safeguard trees in the interest of local amenity and the enhancement of the development itself to comply with Policies CS20 and CS21 of the Woking Core Strategy 2012. 12. The hedge screen situated on the southern boundary adjacent to Hook Heath Road shall be retained (except for the 9 metre section that will be removed for to provide the access to the property) at all times and should any part die or be damaged during the course of development, replacement planting shall be undertaken before the end of the current or next planting season (November - March) in accordance with the details to be submitted to and agreed in writing by the Local Planning Authority. 108 12 JANUARY 2016 PLANNING COMMITTEE Reason: Permission is granted having regard to the present screening and boundary planting in existence, the retention of which will ensure a satisfactory visual appearance in accordance with Policies CS20 and CS21 of the Woking Core Strategy 2012. Informatives 1. The Council confirms that in assessing this planning application it has worked with the applicant in a positive and proactive way, in line with the requirements of paragraph 186-187 of the National Planning Policy Framework 2012. 2. You are advised that Council officers may undertake inspections without prior warning to check compliance with approved plans and to establish that all planning conditions are being complied with in full. Inspections may be undertaken both during and after construction. 3. The permission hereby granted shall not be construed as authority to carry out any works on the highway or any works that may affect a drainage channel/culvert or water course. The applicant is advised that a licence must be obtained from the Highway Authority Local Highway Service Group before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway. The applicant is also advised that Consent may be required under Section 23 of the Land Drainage Act 1991. Please see www.surreycc.gov.uk/people-andcommunity/emergency-planning-and-community-safety/flooding-advice. 4. The applicant is advised that as part of the detailed design of the highway works required by the above condition(s), the County Highway Authority may require necessary accommodation works to street lights, road signs, road markings, highway drainage, surface covers, street trees, highway verges, highway surfaces, surface edge restraints and any other street furniture/equipment. 5. This decision notice should be read in conjunction with the associated legal agreement. 6. The applicant is advised that as the development hereby approved is CIL liable, you should contact the Council’s CIL Officer prior to the commencement of development. 109