17/P/00477 – Land to the rear of 187 Stoke Road, Guildford 1

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App No: 17/P/00477 8 Wk Deadline: 15/08/2017Appn Type: Full ApplicationCase Officer: Charlotte McSharryParish: Friary & St. Nicolas Ward: Friary & St. NicolasAgent : Ms Karen Clark

Hedley Clark LtdYew Tree HouseSandy LaneKingsleyBordonGU35 9NH

Applicant: Mr OxboroughLong Mynd Developments(Surrey) Ltdc/o Argosy HouseCollins Court39 High StreetCranleighGU6 8AS

Location: Land to the rear of 187 Stoke Road, Guildford, GU1 1EYProposal: Erection of detached dwelling with garage, access and garden

following demolition of existing garages and outbuilding.

Executive Summary

Reason for referral

This application has been referred to the Planning Committee by the Planning DevelopmentManager because more than 10 letters of objection have been received, contrary to the Officer'srecommendation. Whilst the committee threshold is now 20 or more letters, at the time of theapplication being validated and notification letters being sent out the threshold was still 10 lettersand this was set out on the notification letters.

Key information

Erection of a 3 bed detached dwelling including integral garage following demolition of theexisting garages and outbuilding.

Ridge height: 7.9 metresEaves height: 5.1 metresWidth: 10.2 metresDepth: 10.7 metres

No. of parking spaces: 2

Summary of considerations and constraints

This proposal would provide a net gain of one new dwelling which would make a positivecontribution towards meeting the under provision of housing in the borough. The proposal for anew residential unit within the urban area of Guildford is considered to be acceptable in principle,and subject to suitable conditions there is considered to be no demonstrable harm to thecharacter and scale of the site and surrounding area, neighbouring amenity, highways or parking.

The proposal is located within the Thames Basin Heaths Special Protection Area. Therefore aS106 legal agreement is required to secure a SANG contribution of £4,667.99 and an AccessManagement contribution of £903.87 in accordance with the updated tariffs set in the GuildfordBorough Council Thames Basin Heath Special Protection Area Avoidance Strategy 2009-2016 toavoid any adverse impact. The applicant has agreed to enter into this agreement.

RECOMMENDATION:(i) That a S106 agreement be entered into to secure:

A SANGS contribution and an Access Management and Monitoring Contributionin accordance with the adopted tariff of the SPA Avoidance Strategy to mitigateagainst the impact on the Thames Basin Heaths Special Protection Area

(ii) That upon completion of (i) above, the application be determined by theDirector of Planning and Regeneration. The preliminary view is that theapplication should be granted subject to conditions.

Approve - subject to the following condition(s) and reason(s) :-

1. The development hereby permitted shall be begun before the expiration of threeyears from the date of this permission.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990as amended by Section 51(1) of the Planning and Compulsory Purchase Act2004.

2. The development hereby permitted shall be carried out in accordance with thefollowing approved plans 001 (187 Stoke Road Elevs and Floor Plans), 001,002, 003, 004 and 005 received on 1 March 2016.

Reason: To ensure that the development is carried out in accordance with theapproved plans and in the interests of proper planning.

3. The integral garage shall be used solely for the benefit of the occupants of thedwelling of which it forms part and their visitors and for no other purposes andshall be permanently maintained for that purpose.

Reason: To ensure that satisfactory parking provision is retained within thedevelopment.

4. No development shall take place until details and samples of the proposedexternal facing and roofing materials including colour and finish have beensubmitted to and approved in writing by the local planning authority. Thedevelopment shall be carried out in accordance with the approved details andsamples.

Reason: To ensure that the external appearance of the building is satisfactory. It is considered necessary for this to be a pre commencement condition as theuse of appropriate materials goes to the heart of the planning permission.

5. The first floor window in the west side elevation of the development herebyapproved shall be glazed with obscure glass and permanently fixed shut, unlessthe parts of the window/s which can be opened are more than 1.7 metres abovethe floor of the room in which the window is installed and shall thereafter bepermanently retained as such.

Reason: In the interests of residential amenity and privacy.

6. No development shall take place until full details of the hard and softlandscaping and replacement trees for the existing goat willow, including aschedule of landscape maintenance for a minimum period of 10 years, havebeen submitted to and approved in writing by the local planning authority. Theapproved landscape scheme (with the exception of planting, seeding andturfing) shall be implemented prior to the occupation of the development herebyapproved and retained.

Reason: To ensure the provision, establishment and maintenance of anappropriate landscape scheme in the interests of the visual amenities of thelocality. It is considered necessary for this to be a pre commencement conditionas these details should be established prior to any works on site.

7. All planting, seeding or turfing approved shall be carried out in the first plantingand seeding season following the occupation of the development or thecompletion of the development, whichever is the sooner. Any trees or plantswhich, within a period of five years after planting, are removed, die or becomeseriously damaged or diseased in the opinion of the local planning authority,shall be replaced in the next available planting sooner with others of similar size,species and number, unless otherwise agreed in writing by the local planningauthority.

Reason: To ensure the provision, establishment and maintenance of anappropriate landscape scheme in the interests of the visual amenities of thelocality.

8. Works related to the construction of the development hereby permitted,including works of demolition or preparation prior to building operations, shallnot take place other than between the hours of 0800 and 1800 Mondays toFridays and between 0800 am and 13.30 pm Saturdays and at no time onSundays or Bank or National Holidays.

Reason: To protect the neighbours from noise and disturbance outside thepermitted hours during the construction period.

Informatives:1. If you need any advice regarding Building Regulations please do not hesitate to

contact Guildford Borough Council Building Control on 01483 444545 orbuildingcontrol@guildford.gov.uk

2. This statement is provided in accordance with Article 35(2) of the Town andCountry Planning (Development Management Procedure) (England) Order 2015.Guildford Borough Council seek to take a positive and proactive approach todevelopment proposals. We work with applicants in a positive and proactivemanner by:

Offering a pre application advice serviceWhere pre-application advice has been sought and that advice has beenfollowed we will advise applicants/agents of any further issues arising duringthe course of the applicationWhere possible officers will seek minor amendments to overcome issuesidentified at an early stage in the application process

However, Guildford Borough Council will generally not engage in unnecessarynegotiation for fundamentally unacceptable proposals or where significantchanges to an application is required.

Pre-application advice was not sought prior to submission and the application wasacceptable as submitted.

Officer's Report

Site description.

The main site comprises land rear of 187 and 189 Stoke Road, within the urban area ofGuildford. The main access is taken from Josephs Road.

The area is residential in character with terraced, semi detached and detached properties frontingthe public highway.

The site is in the 400m - 5km buffer zone of the Thames Basin Heaths Special Protection Area(TBHSPA).

Proposal.

Erection of detached dwelling with garage, access and garden following demolition of existinggarages and outbuilding.

Proposed fenestration changes to 187 Stoke Road.

Relevant planning history.Reference: Description: Decision

Summary:Appeal:

17/P/00357 Certificate of Lawfulness for proposeddevelopment to establish whether theremoval of a first floor rear window andcreation of a first floor side window andinstallation of velux rooflight to rearelevation would constitute permitteddevelopment.

Approve13/04/2017

N/A

Consultations.None received.

Third party comments:

10 letters of representation have been received raising the following objections and concerns:Out of character with the areaLimited separation distancesImpact on Listed buildings and their settingInappropriate use of materialsNo control over material finish [Officer note: A condition has been attached requestingapproval of all proposed materials]No chimneyLoss of 4 parking spacesParking issues on Josephs RoadLoss of TPO treeAward wining gardenWater pressure issues along Josephs Road. [Officer note: This is not a planningconsideration].

1 letter of support has been received outlining the following positive comments:Improvement over existing buildingsIn character and scale with the site and areaTPO tree not worthy of retentionOnly supports the application on the proviso that the three replacement trees are planted

Planning policies.The following policies are relevant to the determination of this application.

National Planning Policy Framework (NPPF)Core planning principlesChapter 6. Delivering a wide choice of high quality homesChapter 7. Requiring good designChapter 11. Conserving and enhancing the natural environment

South East Plan 2009NRM6 Thames Basin Heaths Special Protection Area

Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007)G1 General standards of developmentG5 Design codeNE1 Special protection areasNE5 Protected species

Emerging Local PlanParagraph 216 of the NPPF states that decision makers may give weight to relevant policies inemerging local plans. Work is ongoing on the emerging Guildford Local Plan. One round offormal public consultation on the Local Plan Strategy and Sites took place over the summer of2014, followed by a further (Regulation 19) consultation in June-July 2016. Further work is nowtaking place to consider the comments of the respondents, key statutory organisations and toupdate evidence base documents where necessary. The Council propose to run a targetedconsultation in the summer of 2017 focusing on specific changes to the proposed submissionLocal Plan. Given the early stage in the local plan process, it carries very limited material weightat this time.

Supplementary planning documentsVehicle Parking Standards SPDResidential Design SPGThames Basin Heaths Special Protection Area Avoidance Strategy 2009 - 2016

Planning considerations.The main planning considerations in this case are:

the principle of developmentthe impact on the character of the areathe impact on neighbouring amenityhighway/parking considerationsimpact on trees and vegetationthe impact on the Thames Basin Heaths Special Protection Arealegal agreement requirements

The principle of developmentThe NPPF sets out the government's aim to significantly boost the supply of housing withhousing applications considered in the context of the presumption in favour of sustainabledevelopment. As the Council cannot demonstrate a five-year housing land supply, thepresumption in favour of sustainable development is engaged which states that planningpermission should be granted unless the adverse impacts of doing so would significantly anddemonstrably outweigh the benefits.

The creation of a new unit fronting onto Joseph Road is acceptable in principle. The site is in theurban area, in a sustainable location. The provision of an additional dwelling would help delivermuch needed housing in the borough which is a benefit. What must then be considered is theimpact of the development on the character of the area, the impact on neighbour amenity andwhether sufficient parking is proposed, as set out in saved local plan policy H7.

Impact on the character of the areaThe site comprises land to the rear of 187 and 189 Stoke Road and adjacent to 1 Josephs Road.The land is currently occupied by dilapidated buildings of varying age and style and of noarchitectural merit. The existing arrangement does not make a positive contribution to thecharacter or appearance of the area; and the removal of these unsightly structures would besupported.

The frontage width onto Joseph Road would be 11.8 metres, which is considered acceptable forthe introduction of a new detached residential unit. Plot frontages along Josephs Road varydepending on whether the units are terraced, semi detached or detached properties. The area ischaracterised by differing property types, scale, height and design. The streetscene within whichthe proposal would be viewed, Josephs Road, has properties on the south side with limitedgardens, with some properties benefiting from off street parking. The proposal would respond tothe existing building line along Josephs Road. The new two storey unit would also have an eavesand ridge height that corresponds to adjacent properties.

The form and design of the new dwelling is also considered appropriate to the site andsurrounding area. The materials chosen, that is to say brick and rendering with a plain tile roof,is consistent with the material palette of the area.

Objections have been received regarding the impact on Listed buildings in the area, however,these Listed buildings are not positioned adjacent to the application site, nor would the proposeddevelopment impact upon their setting by virtue of intervening development and distance to theGrade II* Church of St. John the Evangelist and Grade II Listed nos 9 and 11 Josephs Road.

The proposed removal of an existing rear window on 187 Stoke Road and addition of a veluxwindow on the rear roofscape along with a new window in the side elevation would have noadverse impact on the existing building or character of the area.

As such, the proposal would not result in any harm to the character or appearance of the area incompliance with saved policy G1 and G5 of the Guildford Borough Local Plan 2003 (as saved byCLG Direction 24 September 2007).

Impact on neighbour amenity

187 Stoke Road

The proposed development would have no unacceptable impact on 187 Stoke Road given thesiting of the dwellings relative to each other. Consideration has been given to potentialoverlooking of the garden of the new development, however, the proposal includes the removalof a rear facing window of 187 Stoke Road which would negate against any potential overlooking.

189 Stoke Road

This residential property is located to the immediate east of the application site. 189 Stoke Roadis subdivided into flats with primary habitable windows on the side and front elevation. The rearelevation, which faces onto the application site, features an external stairwell that providesaccess to the first floor. A high fence defines the boundary between this property and theapplication site. No side windows are proposed on the east elevation of the new dwelling toensure that there is no overlooking. The proposal also features a single storey garage adjacentto this neighbour to ensure that the development does not have an overbearing impact.

1 Josephs Road

1 Josephs Road is an end of terrace property to the immediate west of the application site. Theproposed new unit would not extend substantially beyond the rear elevation of this neighbouringproperty, which would ensure no loss of daylight / sunlight or overbearing impact on the rearfacing windows or rear garden of 1 Josephs Road.

The new development would feature a single first floor window facing 1 Josephs Road. A suitableCondition has been attached to the approval to ensure that this window is obscure glazed andfixed shut. As such the proposal complies with saved policy G1(3) of the Guildford Borough LocalPlan 2003 (as saved by CLG Direction 24 September 2007).

Parking and highway considerationsTwo spaces are proposed for the new dwelling in line with the Vehicle Parking Standards SPD.Whilst it is acknowledge that there is no parking provided for 187 Stoke Road, this propertycurrently does not have any off street parking. The existing garages on the application site arenot within the ownership of 187 Stoke Road, nor are they used by this or any surroundingproperty for parking provision. The immediately adjacent property, 189 Stoke Road, which hasbeen subdivided into flats has 3-4 off street parking spaces which will not be altered by theproposal.

Accordingly no objection is raised on parking or highway grounds.

Impact on trees and vegetationThe site contains a goat willow which is covered by a Tree Preservation Order (TPO). A detailedAboricultural Report and Tree Survey have been submitted with this application and the proposalwould require the removal of the goat willow. The Council's Tree Officer has visited the site andconfirms that there is no objection to the removal of this specimen provided a suitable alternativeis planted.

The applicant has confirmed that it is their intention to replant with three new trees; to secure thisplanting takes place a condition is recommended to provide detail of the landscaping of the site.

The proposed development would therefore comply with saved policy G1(12) of the GuildfordBorough Local Plan 2003 and the NPPF 2012.

Thames Basin Heaths SPAThe application site is located within the 400m – 5km buffer zone of the TBHSPA. NaturalEngland advise that new residential development in this proximity of the protected site has thepotential to significantly adversely impact on the integrity of the site through increased dogwalking and an increase in general recreational use. The application proposes a net increase of 1residential unit and as such has the potential, in combination with other development, to have asignificant adverse impact on the protected sites.

The Council adopted the Thames Basin Heaths Special Protection Area Avoidance Strategywhich provides a framework by which applicants can provide or contribute to Suitable AlternativeNatural Green Space (SANGS) within the borough which along with contributions to StrategicAccess Management and Monitoring (SAMM) can mitigate the impact of development. In thisinstance the development requires a SANG contribution of £4,667.99 and a SAMM contribution of£903.87 which should be secured by a Legal Agreement.

It is therefore concluded that subject to the completion of a legal agreement the developmentwould not impact on the TBHSPA and would meet the objectives of the TBHSPA AvoidanceStrategy and Policy NRM6 of the South East Plan 2009. For the same reasons the developmentmeets the requirements of Regulation 61 of the Conservation of Habitats and SpeciesRegulations 2010.

Legal agreement requirementsThe three tests set out in Regulation 122(2) and 123 of The Community Infrastructure LevyRegulations 2010 require S.106 agreements to be:

(a) necessary to make the development acceptable in planning terms;(b) directly related to the development; and(c) fairly and reasonably related in scale and kind to the development.

Regulation 123 of The Community Infrastructure Levy Regulations 2010, as amended, states thata planning obligation may not constitute a reason for granting planning permission where theobligation provides for the funding or provision of an infrastructure project or type of infrastructureand five or more separate planning obligations for the funding or provision of that project or typeof infrastructure have been entered into.

The development is required to mitigate its impact on the TBHSPA; this would be through afinancial contribution to SANGS and SAMM. This would accord with the TBHSPA AvoidanceStrategy and the Planning Contributions SPD. Without this contribution the development wouldbe unacceptable in planning terms and would fail to meet the requirements of the Habitat

Regulations. The contribution is necessary, directly related to the development and reasonableand therefore meets the requirements of Regulation 122.

While Regulation 123 of the CIL Regulations seeks to prevent the pooling of financialcontributions from planning obligations this relates only to an obligation which “provides for thefunding or provision of relevant infrastructure”. In this instance the contributions are required toimprove existing SANGs and ensure they are maintained in perpetuity; the SANGS are existinginfrastructure which is to be improved to ensure that they have suitable capacity to mitigate theimpact of the residential development. Accordingly the contributions are not for the provision ofinfrastructure and therefore Regulation 123 does not prevent collecting these contributions orhaving regard to the obligation in decision making. The SAMM contribution does not relate toinfrastructure and this also falls outside the scope of Regulation 123.

Conclusion.Housing need is given considerable weight and the creation of an additional dwelling in asustainable urban location is given moderate weight. No unacceptable harm would result to thecharacter or appearance of the area or highway safety or neighbouring amenity but these are nottaken as benefits of the scheme.

Accordingly approval is recommended subject to the completion of a S.106 to mitigate againstthe impact on the TBHSPA, and the conditions set out below.