APPLICATION NO: REPORT OF: HEAD OF BUILDING & DEVELOPMENT SERVICES AUTHOR: Trent McLauchlan TELEPHONE: 01737 276752 E-MAIL: trent.mclaughlan@reigate-banstead.gov.uk TO: PLANNING COMMITTEE DATE: 8 September 2004 AGENDA ITEM: 8 03/00848/F WARD: MSJ RECEIVED: AGENT: Mr B J King 15/04/03 APPLICANT: Pilgrim Band Trust LOCATION: 13 FURZEFIELD ROAD, REIGATE DESCRIPTION: Single storey side extension to form group rehearsal room, instrument store and disabled toilet facilities DRAWING NUMBERS: O/S location plan, existing floor plans, PB/1/04, Management Plan dated 20/10/2003 SUMMARY Consideration of this application was deferred at the meeting held on 25 February 2004 to seek an amended plan showing the main entrance to the extension relocated to the front, further advice on the acoustic assessment, and to review the proposed conditions. A report was subsequently prepared for the Committee on 12 May 2004, however it was withdrawn from the agenda to allow further negotiations with the applicant. A copy of the previous report to the February meeting is appended, with addendum items included in italics for ease of reference. The Certificate of Lawfulness, referred to in that report, is also appended. Amended Plan An amended plan was received on 5 April 2004 showing changes to the main entrance as requested. This change fulfils the requirements of recommended condition 2, which may now be removed. Interested parties were re-notified by letter on 6 April 2004. 82 further letters have been received, largely in the form of a circular letter re-stating previous objections and raising the following points: Issue Response The existing premises are ‘nonconforming’ in this predominantly residential area The premises have a lawful use for music tuition D:\116108980.doc Movement around the side and rear of the extension would lead to increased noise The design of the extension has been revised and its entrance has been located to face the road The proposal does not accord with Local Plan policies See attached report The proposal is the equivalent of twostoreys and is not subservient The proposed extension is single storey with a pitched roof Concern that the level of use cannot be controlled by conditions The proposed conditions have been reviewed and amended and are considered to meet the required tests of Circular 11/95 Other premises are available The application has to be considered on its own merits The noise report is misleading as it does not include adult rehearsal or those occasions when the band is in concert Environmental health officers have considered the noise report. See attached report paragraphs 5.5 – 5.7 The building would not be attractive to domestic buyers if the Pilgrim Band Trust were to become insolvent This is not a material planning consideration Details of the mechanical ventilation have not been submitted See recommended condition 7 The potential for children to play outside and cause disturbance would increase Recommended condition 5 would restrict the number of pupils to that referred to in the Certificate of Lawfulness The greater number of group sessions would increase noise disturbance The use of the premises is not being changed and the proposed extension would be sound insulated, along with secondary double-glazing to the main building. See recommended condition 6 External use, even on one occasion a year, would be wholly unacceptable Use of the grounds once a year has taken place for many years and is therefore identified in the Certificate of Lawfulness. Recommended condition 4 would bring this under control Acoustic Assessment At the Planning Committee’s request, a further consultation with the Council’s Environmental Health Department was undertaken. This has reaffirmed their view that the proposed sound insulation measures would reduce the risk of potential noise pollution from the present un-insulated premises. D:\116108980.doc Review of Conditions The conditions set out in the attached report would place controls over the use of the premises. The scale of the existing lawful use is indicated by the detailed description of development in the first schedule of the Certificate of Lawful Use (copy appended). However, specific details in that description are not necessarily binding. If the present intensity of use were to change, it would be necessary to judge whether that amounted to a material change of use from the use described in the Certificate of Lawfulness. In particular it should be noted that the evidence available when the Certificate was granted did not permit pupil numbers over the preceding 10 years to be stated with any greater accuracy than the approximate figures given in the first schedule. The imposition of conditions would allow greater control over activity on the site. The recommended conditions have largely been framed to accord with the description of the existing use in the Certificate of Lawful Use. Where they differ, it is for the purpose of legibility or ease of monitoring. A comparison of the recommended conditions Certificate of Lawful use and the proposed are summarised below. Proposed Condition Certificate of Lawfulness 3 The premises shall only be used for the tuition and practice of musical instruments between the hours of 15:30 and 20:30 Monday to Friday inclusive. External use of musical instruments is permitted only once per calendar year and may occur on any day between 14:00 and 18:30 inclusive. Each weekday normally between the hours of 3:30pm- 8:30pm and occasionally on weekends, normally only during school term time with occasional meetings/ instruction during school holidays. Annual, single ‘outdoor’ concert and occasional discos held in the summer for children. 4 The number of musicians using the building for the tuition and practice of musical instruments shall be restricted to a maximum of 40 musicians at any one time, and no more than 100 musicians per calendar week. The maximum number of 40 musicians shall only be exceeded on no more than 4 occasions per calendar year when the maximum number of musicians shall not exceed 60. Approximately 100 pupils, with an average, calculated weekly, approximately 20 pupils attending each weekday. 9 For the purposes of monitoring and enforcement of condition 5 above, the applicant or any subsequent manager of the premises shall maintain a detailed log of the attendance of musicians/ pupils entering and existing the premises. The log No condition D:\116108980.doc shall be available for the Local Authority to review upon request, if required, and archived for a minimum period of 24 months. Proposed informative Certificate of Lawfulness 4 No condition With regards to condition 4, the maximum number of pupils shall be taken as ‘per visit’ to the premises. For example, if the same pupil visits the premises seven times in a calendar week, it will count as seven visits. Condition 4 above has been clarified with the applicant to reflect the existing operation. In particular, the applicant has satisfactorily demonstrated that their annual outdoor concert has previously occurred on Sundays. Condition 5 has been modified to reflect the existing number of musicians using the premises and allowing a marginal increase to reflect the increase in floor area hereby recommended. The recommended condition stipulates a maximum number of musicians at any one time as well as per week. This approach allows the Trust to operate with the flexibility that they currently benefit from, while maintaining an upper maximum number per week, which is consistent with the Certificate of Lawfulness. Informative 5 above is recommended to clarify condition 5, that the maximum numbers relate to ‘per visit’ to the premises. Condition 10 is recommended to assist in the monitoring of condition 5. In light of the residential locality and for ease of clarity, this condition is considered necessary. It is understood that the Trust currently logs their musicians into the premises and therefore it is not considered unreasonable for the Trust to formalise this procedure and produce the necessary evidence to the Local Planning Authority as necessary. Condition 9 has been amended to respond to comments made at the February Planning Committee, to ensure that windows and doors in the proposed extension remain shut during any music practice. In addition to standard conditions, and the conditions described in the above table, the following additional controls are recommended: Improvements to the sound insulation of existing building (condition 6) Control over the details of ventilation system (condition 7) Control over details of openings to proposed extension (condition 9) With the amendment to the entrance now received, condition 2 and informative 4 both become redundant and should be deleted. For clarity, the recommended conditions are set out below. D:\116108980.doc RECOMMENDATION Permission is GRANTED as per conditions below. CONDITIONS (As amended) 1. The development hereby permitted shall be begun before the expiration of five years from the date of this permission. Reason: To comply with Section 91(1) of the Town and Country Planning Act 1990. 2. The proposed external finishing materials shall match those of the existing building and there shall be no variation without the prior approval in writing of the Local Planning Authority. Reason: To ensure that the development hereby permitted is only constructed using the appropriate external facing materials or suitable alternatives in the interest of the visual amenities of the area. 3. The premises shall only be used for the tuition and practice of musical instruments between the hours of 15:30 and 20:30 Monday to Friday inclusive. External use of musical instruments is permitted only once per calendar year and may occur on any day between 14:00 and 18:30 inclusive. Reason: In the interests of neighbour amenity. 4. The number of musicians using the building for the tuition and practice of musical instruments shall be restricted to a maximum of 40 musicians at any one time, and no more than 100 musicians per calendar week. The maximum number of 40 musicians shall only be exceeded on no more than 4 occasions per calendar year when the maximum number of musicians shall not exceed 60. Reason: To control the level of activity on the site in the interests of the amenities of neighbouring residents. 5. Prior to use of the extension hereby permitted, the windows of the existing dwelling, as indicated by an asterisk on the Management Plan dated 20/10/2003, and referred to in the letter by BJK Planning & Development Consultant dated 07/11/2003, shall be secondary glazed and fixed shut. Reason: In the interests of neighbour amenity. 6. Before the development hereby permitted is commenced the developer shall obtain the Local Planning Authority's written approval of a mechanical ventilation system for the extension, which shall be installed in accordance with the approved details. Reason: To ensure that the Local Planning Authority may be satisfied with the detailed design of the proposal and to ensure that ventilation of the extension does not result in noise disturbance to the detriment of neighbour amenity. D:\116108980.doc 7. Before the development hereby permitted is commenced the developer shall obtain the Local Planning Authority's written approval of full details of both hard and soft landscape works and these works shall be carried out as approved. Reason: In the interests of maintaining the character and appearance of the area. 8. Before the development hereby permitted is commenced the developer shall obtain the Local Planning Authority's written approval of the detailed design of the doors and windows of the development and the development shall be carried out in accordance with the approved details and the windows and doors shall remain shut during music practice. Reason: To ensure that the design of the windows and doors meet satisfactory acoustic standards. 9. For the purposes of monitoring and enforcement of condition 4 above, the applicant or any subsequent manager of the premises shall maintain a detailed log of the attendance of musicians/ pupils entering and existing the premises. The log shall be available for the Local Authority to review upon request, if required, and archived for a minimum period of 24 months. Reason: To assist the Local Authority in monitoring the intensity of the use and in the interests of residential amenity. Informatives 1. The detailed design of doors and windows, as per condition 8 above, should incorporate the recommendations listed in the report submitted with the application by Adnitt Acoustic Services and dated 24/03/03. 2. For the avoidance of doubt, the use of rooms within the existing building, as described on the Management Plan dated 20/10/03, supersede the use of the rooms described on DRW No. 98.21.01 Rev.E. This is to ensure that practice and tuition of musical instruments is contained to rooms fitted with secondary glazed windows. 3. The permission hereby granted shall not be construed as authority to carry out works on the highway. The applicant is advised that a licence must be obtained from the Highway Authority before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway. 4. With regards to condition 4, the maximum number of pupils shall be taken as ‘per visit’ to the premises. For example, if the same pupil visits the premises seven times in a calendar week, it will count as seven visits. REASON FOR PERMISSION The development hereby permitted has been assessed against policies PE10, and MT5 of the Surrey Structure Plan 1994; policies Cf2, Cf3 and Mo7 of the Reigate and Banstead Borough Local Plan 1994; policy SE4 of the Surrey Structure Plan (Deposit Draft) 2002; and all relevant material considerations, including third party representations. It has been concluded that subject to conditions the development would accord with the development plan and there are no other material considerations that justify refusal in the public interest. D:\116108980.doc REPORT TO THE MEETING OF 25 FEBRUARY 2004 WITH ADDENDUM IN ITALICS Application No: P/03/00848/F Case Officer: Trent McLauchlan Ward: MSJ Agent: Received: 15/04/03 Applicant: Pilgrim Band Trust Address: 13 FURZEFIELD ROAD, REIGATE Description: Single storey side extension to form group rehearsal room, instrument store and disabled toilet facilities B J King (Drawing Numbers: 98.21.01 rev E, 98.21.02, Management Plan dated 20/10/2003) SUMMARY This is a full application for the construction of a single storey extension on the western side of the property. The extension would provide a group rehearsal room for members of the Pilgrim Band Trust and would also provide an instrument store and disabled toilet. The proposed extension would be sited where there is currently a double garage that is used for storage. The double garage would be demolished. The design of the extension is considered subservient to the existing dwelling, and would complement the appearance of the building and the wider character of the area. Neighbouring residents have expressed concern regarding intensification of the existing use. However I am satisfied, following the submission of additional information, that the level of use and impact on the residential amenity of the locality can be adequately controlled by the imposition of conditions. One of these conditions reserves the details of the entrance to the extension, so that it can be repositioned at the front of the building, away from the neighbour’s rear garden. As part of the works the applicant has agreed to undertake secondary glazing to music rooms on the main building. RECOMMENDATION Planning permission is GRANTED subject to conditions. D:\116108980.doc Consultations: Highway Authority: no objection. Environmental Health: note the report from acoustic consultants, request a condition be added to ensure that the proposed secondary glazing cannot be opened, and advise that if some form of air cooling is required, it may need to be conditioned with regard to noise. Representations: Neighbours were notified by letter dated 22/04/03. 21 letters have been received supporting the application. 25 letters have been received objecting on the following grounds: Issue Response The proposed extension is too large and out of character See paragraph 5.4 Objection to the use of the site The use is lawful and no change of use is proposed Restrictive covenants on the site Not a material planning consideration Lack of consultation with neighbours by the applicant Not a material planning consideration The existing Certificate of Lawfulness is flawed Not relevant to this application Other premises are available See paragraph 3.2 Concern over increased noise levels See paragraphs 5.6 - 5.8 and conditions 4, 5, 6, 7 & 9 Disruption due to intensification of the use resulting in a loss of residential amenity See paragraphs 5.9 - 5.11 and conditions 4 & 5 Overlooking/loss of privacy/loss of light See paragraph 5.13 Highways and parking issues See paragraph 5.14 Loss of garden to create parking See paragraph 5.5 Impact on property values Not a material planning consideration 1.0 Site and Surroundings 1.1 The application site is occupied by a large two storey detached building, with a double garage on the western side and a large garden area. This building was originally a residential property with music tuition given by the occupant. Since 1985, the building has been used by the Pilgrim Band Trust to provide music tuition and practice for young people. D:\116108980.doc 1.2 The site is located in a residential area, which is characterised by large, detached, well spaced residential properties in Furzefield Road. Dwellings to the north and west of the application site are at a higher density. 1.3 The site slopes down to the west, with the result that the site of the proposal is approximately one metre lower that the existing building. 2.0 Relevant Planning History 2.1 Relevant planning history is as follows: 98P/14180/F Single storey annex to form group rehearsal room and disabled toilet 99P/14900/CLE Certificate of Lawfulness for existing use of the property by the Pilgrim Band Trust for music tuition and practice Withdrawn 16/12/98 Granted 19/04/01 Judicial review by third party abandoned 3.0 Current Proposal 3.1 This is a full application for the construction of a single storey extension on the western side of the property. The extension would provide a group rehearsal room for members of the Pilgrim Band and would also provide an instrument store and disabled toilet. The proposed extension would be sited where there is currently a double garage that is used for storage. The double garage would be demolished. 3.2 The extension would improve the facilities for the Pilgrim Band Trust and would enable them to practice together as a group. Currently, the band uses alternative premises such as church halls and schools for group practice. The proposed extension would also provide a 'soundproof' room for the tuition and practice of louder instruments such as steel drums and electric guitars. 3.3 Further details of the development are as follows: Site area 0.136 hectares Existing use Music tuition and practice Proposed use Music tuition and practice Floor space to be demolished 29 square metres Proposed floor space 107 square metres Existing parking spaces 2 Proposed parking spaces 4 D:\116108980.doc 4.0 Policy Context 4.1 Local Plan Designation Urban Area 4.2 Surrey Structure Plan 1994 Protecting the Environment Movement 4.3 Reigate and Banstead Borough Local Plan 1994 Community Facilities Movement 4.4 Cf2, Cf3 Mo7 Surrey Structure Plan First Alteration Deposit Draft 2002 Sustaining the Environment 4.5 PE10 MT5 SE4 Other Material Considerations Planning Policy Guidance Notes Supplementary Planning Guidance Other 5.0 Principal Issues 5.1 The main issues to consider are: PPG 1 Surrey Design A Parking Strategy for Surrey Parking Standards for Development Human Rights Act 1998 Character of the area Noise Neighbour amenity Highway considerations Character of the Area 5.2 The character of Furzefield Road is one of large detached houses well separated, standing in mature landscaped plots. The proposal would be single storey and positioned at the side of the building. The roof would have a gable feature at the front and rear and would be hipped at the side. The windows and other detailing would be of a style to match that of the existing building. 5.3 The proposal would be in keeping with the character of the existing building. It would be a sizeable extension in terms of its scale with the existing building, but would retain sufficient spacing to the side boundary and the street frontage. Given that dwellings in Furzefield Road are of a substantial size, it is considered that the proposal would not have a detrimental impact on the character of the area. D:\116108980.doc 5.4 The application also proposes to double the width of the existing access to create two additional on-site parking spaces. This would have the effect of increasing the amount of hard standing at the front of the site. However, landscaping could screen this additional hard standing, and there is sufficient garden land remaining to maintain the character of the area. Noise 5.5 Concern has been raised that the proposal would result in an increased level of noise and disruption to neighbouring properties from the playing of instruments. The applicant has submitted a report from an acoustic consultant, and proposes noise attenuation measures for the extension. They have also offered to install secondary glazing for windows to rooms in the existing house that are used for music practice. A condition to secure this is recommended (condition 6). A lobby is proposed between the rehearsal room and the external doors and the applicant has confirmed that these doors would be self-closing. 5.6 It is considered that the noise attenuation measures proposed would be sufficient to mitigate the noise effects of musicians practicing. To ensure that specific details are controlled, it is considered appropriate to attach conditions to any permission requiring full details of the doors, windows and other noise mitigation measures. It is also considered appropriate to attach a condition requiring the doors to remain closed during music tuition and practice. 5.7 The applicant is proposing a mechanical air ventilation system for the proposed extension, because the windows would be non-opening. Approval of the details of this system can be secured by condition. Other Neighbour Amenity 5.8 Concern has been raised by neighbouring residents that there would be more disruption from a greater number of people arriving and leaving. 5.9 The applicant has stated that the proposal is to improve the existing facilities and allow pupils to practice as a group rather than in separate rooms. The applicant has also stated that there is no intention to increase the number of pupils or to increase the level of activity at the site. That said, the group rehearsal room within extension would be far larger than any rooms in the existing building, and is designed to accommodate full band practices, which are only possible off-site at the moment. A Certificate of Lawfulness for the existing use was granted in April 2001 and indicates that the number of pupils then using the site was 100, with an average of 20 pupils on site at any one time each weekday. With suitable management this level of activity need not be increased and can be controlled by recommended condition 5. 5.10 Objectors have also expressed concern that disruption could be caused to neighbouring properties by visitors using a side path and doors at the rear of the proposed extension. The applicant has declined a request to remove these doors, advising that the proposed rear entrance is designed for disabled and emergency access only, with the existing entrance at the front of the building being retained as the primary entry/egress for the building. Whilst this may reflect the applicant’s intentions, it is evident from the submitted plans that the doors at the rear are D:\116108980.doc capable of being used as the principal access to the extension and that they may be more attractive to people carrying musical instruments than passing through the main building. In fact they are annotated “Main Entrance To Annex” on the submitted plans. A change in management arrangements could result in this entrance becoming the main entrance to the group rehearsal room. Furthermore, it would be far preferable for the disabled person’s entrance to be at the front of the building. Consequently, and being mindful of the applicant’s reluctance to change their plans I feel that approval of the scheme as submitted would risk disturbance to the occupiers of the adjacent house, number 17. As an alternative to refusing planning permission a condition withholding approval of he entrance to the extension is recommended (condition 2). 5.11 To ensure that the proposal would not have an increased impact on neighbours, it is also considered appropriate for a condition limiting hours of use to be added. The Certificate indicates that in 2001 there was music-related activity between 3:30pm and 8:30pm and this is considered to be appropriate for this site, having regard to its residential location. 5.12 Given that the level of use of the site would be restricted to a level no greater than that currently existing, it is considered that there would not be a significant increase in any disruption caused by pupils arriving and leaving. 5.14 Concern has also been raised that the proposed extension would result in a loss of privacy and overlooking and would result in a loss of light to neighbouring properties. The windows of the proposed extension would be at a lower level than existing windows due to the lower ground level. In addition the closest property that the windows would face is at a distance of 28 metres, which is considered to be sufficient to prevent overlooking or a loss of privacy. Highways 5.15 Concern has been expressed by neighbours that the proposal would result in additional on-street parking which would not only cause parking problems and inconvenience for neighbours but would also cause problems for emergency services vehicles. Given that a planning condition can prevent an increase in numbers attending the site, these problems should not arise. Widening of the access would also reduce the level of on street parking available. Given that no intensification of the use is proposed and that the level of activity would be controlled by condition, it is considered that the proposal would not result in additional on-street parking problems. Provision of two additional on-site parking spaces would further limit any on-street parking that may occur. The Highway Authority has raised no objection to the development. CONDITIONS 1. The development hereby permitted shall be begun before the expiration of five years from the date of this permission. Reason: To comply with Section 91(1) of the Town and Country Planning Act 1990. D:\116108980.doc 3. This permission shall not be taken as granting approval to the main entrance to the annex as shown on drawing 98.21.01 Rev E. The development shall not be commenced until such time as the Local Planning Authority has given written approval for an alternative entrance. Reason: In order to protect the amenities of the occupiers of the adjacent dwelling at 17 Furzefield Road from noise and general activity from use of the rear entrance shown on the plan. 4. The proposed external finishing materials shall match those of the existing building and there shall be no variation without the prior approval in writing of the Local Planning Authority. Reason: To ensure that the development hereby permitted is only constructed using the appropriate external facing materials or suitable alternatives in the interest of the visual amenities of the area. 4. The premises shall only be used for the tuition and practice of musical instruments between the hours of 15:30 and 20:30 Monday to Friday inclusive. External use of musical instruments is permitted only once per calendar year and may occur on Monday to Saturday inclusive between 15:30 and 20:30 inclusive. Reason: In the interests of neighbour amenity. 5. The number of musicians using the building for the tuition and practice of musical instruments shall be restricted to no more than twenty at any one time. This number shall only be exceeded on no more than 4 occasions per calendar year where the maximum number of musicians shall not exceed fifty. Reason: To control the level of activity on the site in the interests of the amenities of neighbouring residents. 6. Prior to use of the extension hereby permitted, the windows of the existing dwelling, as indicated by an asterisk on the Management Plan dated 20/10/2003, and referred to in the letter by BJK Planning & Development Consultant dated 07/11/2003, shall be secondary glazed and fixed shut. Reason: In the interests of neighbour amenity. 7. Before the development hereby permitted is commenced the developer shall obtain the Local Planning Authority's written approval of a mechanical ventilation system for the extension, which shall be installed in accordance with the approved details. Reason: To ensure that the Local Planning Authority may be satisfied with the detailed design of the proposal and to ensure that ventilation of the extension does not result in noise disturbance to the detriment of neighbour amenity. 8. Before the development hereby permitted is commenced the developer shall obtain the Local Planning Authority's written approval of full details of both hard and soft landscape works and these works shall be carried out as approved. Reason: D:\116108980.doc In the interests of maintaining the character and appearance of the area. 9. Before the development hereby permitted is commenced the developer shall obtain the Local Planning Authority's written approval of the detailed design of the doors and windows of the development and the development shall be carried out in accordance with the approved details and the windows and doors shall remain shut during music practice. Reason: To ensure that the design of the windows and doors meet satisfactory acoustic standards. Informatives 1. The detailed design of doors and windows, as per condition 9 above, should incorporate the recommendations listed in the report submitted with the application by Adnitt Acoustic Services and dated 24/03/03. 2. For the avoidance of doubt, the use of rooms within the existing building, as described on the Management Plan dated 20/10/03, supersede the use of the rooms described on DRW No. 98.21.01 Rev.E. This is to ensure that practice and tuition of musical instruments is contained to rooms fitted with secondary glazed windows. 3. The permission hereby granted shall not be construed as authority to carry out works on the highway. The applicant is advised that a licence must be obtained from the Highway Authority before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway. 4. The revised entrance details required under condition 2 shall allow for the relocation of the main entrance to the group rehearsal room to the front of the extension. REASON FOR PERMISSION The development hereby permitted has been assessed against policies PE10, and MT5 of the Surrey Structure Plan 1994; policies Cf2, Cf3 and Mo7 of the Reigate and Banstead Borough Local Plan 1994; policy SE4 of the Surrey Structure Plan (Deposit Draft) 2002; and all relevant material considerations, including third party representations. It has been concluded that subject to conditions the development would accord with the development plan and there are no other material considerations that justify refusal in the public interest. D:\116108980.doc