appendix a surbiton planning sub … · a2 06/16437 56 pine gardens, surbiton, kt5 8lh demolition...

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APPENDIX A SURBITON PLANNING SUB-COMMITTEE THURSDAY 23 NOVEMBER 2006 REPORT BY DIRECTOR OF ENVIRONMENTAL SERVICES PLANNING APPLICATIONS INDEX ITEM NO REGISTER NO ADDRESS DESCRIPTION RECOMMENDATION PAGE NO SUR Agenda 23-11-2006 (S) A1 06/16207 The Lamb Inn, 73 Brighton Road, Surbiton, KT6 5NF Erection of single storey side and rear extension for use ancillary to use of the premises as a restaurant PERMIT A1 A2 06/16437 56 Pine Gardens, Surbiton, KT5 8LH Demolition of existing garage and conservatory. Erection of single storey rear and 2 storey side extension. Erection of side and rear dormer windows to facilitate loft conversion PERMIT A8 A3 06/16489 322 Ewell Road, Surbiton, KT6 7AL Demolition of existing house and erection of a three storey building providing 8 x 2 bedroom flats and a secure cycle store. Formation of a new access and parking area and associated landscaping. PERMIT A13 A4 06/16529 15 South Place, Surbiton, KT5 8RX Erection of 2 storey side and single storey rear extension containing 1 x 2 bedroom ground floor flat and first floor studio flat PERMIT A21

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Page 1: APPENDIX A SURBITON PLANNING SUB … · A2 06/16437 56 Pine Gardens, Surbiton, KT5 8LH Demolition of existing garage and ... studio flat PERMIT A21 - A1 - SUR Agenda 23-11-2006 (S)

APPENDIX A SURBITON PLANNING SUB-COMMITTEE

THURSDAY 23 NOVEMBER 2006 REPORT BY DIRECTOR OF ENVIRONMENTAL SERVICES

PLANNING APPLICATIONS

INDEX

ITEM NO

REGISTER NO

ADDRESS DESCRIPTION RECOMMENDATION PAGE NO

SUR Agenda 23-11-2006 (S)

A1 06/16207 The Lamb Inn, 73 Brighton Road, Surbiton, KT6 5NF

Erection of single storey side and rear extension for use ancillary to use of the premises as a restaurant

PERMIT A1

A2 06/16437 56 Pine Gardens, Surbiton, KT5 8LH

Demolition of existing garage and conservatory. Erection of single storey rear and 2 storey side extension. Erection of side and rear dormer windows to facilitate loft conversion

PERMIT A8

A3 06/16489 322 Ewell Road, Surbiton, KT6 7AL

Demolition of existing house and erection of a three storey building providing 8 x 2 bedroom flats and a secure cycle store. Formation of a new access and parking area and associated landscaping.

PERMIT A13

A4 06/16529 15 South Place, Surbiton, KT5 8RX

Erection of 2 storey side and single storey rear extension containing 1 x 2 bedroom ground floor flat and first floor studio flat

PERMIT A21

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SURBITON PLANNING SUB-COMMITTEE

23RD NOVEMBER 2006

REPORT BY THE DIRECTOR OF ENVIRONMENTAL SERVICES

PLANNING APPLICATIONS All recommendations for planning permission in this section are automatically subject to the condition limiting the duration of the permission required by Sections 91 and 92 of the Town and Country Planning Act (as amended) 1990 unless permission is to be granted for a limited period or unless there is a specific recommendation that the period for such duration be other than the period referred to in the standard condition. All background papers are incorporated into Planning Application Reports. The policies listed are those from the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration. A1 Register No: 06/16207/FUL

Address: THE LAMB INN, 73 BRIGHTON ROAD,

SURBITON, KT6 5NF Ward: St Marks Description of Proposal: Erection of single storey side and rear

extension for use ancillary to use of the premises as a restaurant

RECOMMENDATION PERMIT Plan Type: Full Application Expiry Date: 06/12/2006 Applicant's Plan Nos: OS Extract Received 24/04/2006 05262_EX_100 rev A Received 24/04/2006 05262_EX_200 Received 24/04/2006 05262_Ex_201 Received 24/04/2006 General design statement Received 05/05/2006 Design statement Received 24/04/2006 3D views Received 10/07/2006 05262_P_100 rev G Received 10/07/2006 05262_P_200 rev A Received 10/07/2006

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696 B Received 10/07/2006 Proposed Kitchen Ventilation Received 10/07/2006 Noise Control Report Received 09/10/2006

Basic Information: Development Plan: Mayor for London - The London Plan Royal Borough of Kingston upon Thames -

Unitary Development Plan First Alteration UDP Policies BE11 Design of New Buildings and Extensions BE12 Layout and Amenity of Buildings and Extensions BE3 Development in Conservation Areas DC4 Areas of Mixed Use H1 Protection of Residential Amenities STR6 Conserving and Enhancing the Built Environment

Total Site Area 420sq m Total Floor Area 137sq m

Consultations: 18 Letters of consultation sent; site and press notices posted. Seven letters of objection and one letter of support received: • The extensions would greatly exacerbate noise and general nuisance

from the rear of the premises • The loud music and use of the beer garden currently render the dining

room and rear garden of No.5 Balaclava Road unusable • The noise/nuisance would be closer to the residential buildings over

extended opening hours • The extension would be too close to the houses. A petition signed by 31 residents objects for similar reasons. Surbiton Central Area Residents Association- objects on grounds of loss of open space, increased use of the rear garden area and the harmful effect on residential amenity as a result. Surbiton Conservation Areas Advisory Committee: Considers that the proposal will result in excessive loss of green space at the rear and includes too much hard landscaping Environmental Health No noise complaints since 2000. Expresses concern that the proposal would open out the rear of the premises and appears to intensify the use of the premises. This may have a potential acoustic impact on the amenity of nearby residents.

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The applicant has submitted a Noise Control Report rec’ d 9/10/2006 to demonstrate the impact of the proposal on residential amenity. Any further comments from the Environmental Health Officer will be reported. Access Officer: The proposed wheelchair accessible toilet should be fully fitted in accordance with the 2004 edition of Part M of the Building Regulations. Some portion of the proposed servery and bar should be at a level suitable for use by wheelchair users (750-800mm) and should incorporate a space underneath 500mm deep and 700mm high (‘knee space’) to enable wheelchair users to approach the counter. In operation, sufficient space should be provided between tables and chairs to enable disabled customers, particularly wheelchair users, to manoeuvre. It is very important for people with any degree of visual impairment that there is good colour and tonal contrast in the building. As a basic guide,

• Walls should contrast strongly with floors

• Doors should contrast strongly with walls, even when the door is open and only the leading edge can be seen

• Door furniture should contrast with doors

• Grab rails, toilet seats and other fittings in toilets should contrast with the surrounding walls

• Steps and stairs should have colour contrasting nosings on both the tread and the riser

• Lift buttons should contrast with their surrounds, which, in turn, should contrast with walls

Whilst the above is considered to reflect current good practice, it is not possible to guarantee that following this advice will ensure full compliance with the provisions of the Disability Discrimination Act 1995. Site and Surrounds: 1. The application building is a two storey detached public house with a

number of small additions and extensions to the side and rear. The ground floor of the premises is a public house and the upper floor is residential. To the rear is a beer garden/ courtyard area.

2. To the south/SE are residential properties and associated garages.

The properties directly adjacent along Brighton Road are commercial at ground floor with residential above. The site is designated as a Mixed Use Area and is located within the Surbiton Town Centre Conservation Area.

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3. Relevant History: 30560 Alterations to fenestration and front elevation Permitted 31.12.1985 18614 Illuminated wall sign Consent 23.09.1977 13572 Two illuminated lanterns Consent 23.04.1974 EN/7343 Demolition without prior notice

No enforcement breach 25/06/1998 05/16532 A similar proposal to extend the pub and to convert it to a gastro

pub, but involving a much larger dining room extension was refused under delegated powers on 3/10/2005 for the following reason:

4. ‘The proposed extensions by virtue of their size, siting and materials

would result in overdevelopment of the site and would not be in keeping with the character of the main building and the Surbiton Town Centre Conservation Area. They would also result in a loss of outlook, appear overbearing and overshadow the neighbouring properties to the detriment of the residential amenity. The extensions would therefore be contrary to policies H1, BE3, BE11, BE12 and STR6 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.’

5. The Public House is currently vacant however the current owners and

applicants were granted a licence under the Licensing Act which would allow the public house to operate to the following opening hours 10.00 to 23:30 on Monday to Thursday 11.00 to 23:30 on Sunday and 10:00 to 00:30 on Friday and Saturday. It should be noted that as this is a long established public house there is no control over the use of the garden area ancillary to the pub.

Proposal: 6. Erection of single storey side and rear extensions for use ancillary to

the public house. 7. The extensions comprise the following: 8. Demolition of rear male toilets and outbuilding and erection of an

extension to provide an enlarged dining area opening out onto a decked external dining area on the south eastern boundary of the site.

9. Erection of a side and rear extension on the north west side of the

building to provide an enlarged kitchen and improved toilet facilities.

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10. The extensions will have a low pitched roof with a brick parapet wall. The dining room extension will have concertina glass doors opening onto the external dining area.

11. The intention is to convert the premises from a public house to a

‘gastro-pub’. The plans indicate that the premises will accommodate 58 covers internally and a further 50 covers in the external dining area.

Main Planning Considerations: 12. The main issues are considered to be:

1. The impacts on amenity afforded to neighbouring properties 2. The character and appearance of the main building and the

Conservation Area The impacts on amenity afforded to neighbouring properties 13. The rear extension proposed along the SE boundary of the property

has been scaled down significantly from that previously refused. Its scale is not noticeably greater than the outbuilding and extension that it would replace and would therefore have no greater impact on the amenity of neighbouring residential properties at No.1 and 3 Balaclava Road than the existing pub building.

14. The extensions proposed to the NW of the property would not have any

detrimental effects on the neighbouring properties as a result of their position and relationship with the neighbouring buildings. The NE boundary is built up with high walls and windowless flank walls of extensions at No.77 Brighton Road. There would be no loss of light, privacy or outlook to the properties to the NE of the site.

15. The proposed extensions as a whole would not have an impact on

noise on the neighbouring properties and surrounding environment. The proposed extensions are to provide a restaurant eating area and kitchen area.

16. However, the application proposes an external dining area served by

concertina doors leading from the main internal dining area. The licence indicates that the recorded music would be played on the premises. The combination of the open doors and external dining would be likely to harm the amenity of local residents in particular 1-3 Balaclava Road which have particularly short gardens.

17. Such a noise nuisance should, however, be viewed in the context of

the continued operation of the existing public house without restriction on use of the ‘beer garden’.

18. In the circumstances it is considered appropriate to include conditions

to control the use of the external dining area and garden area in the interests of residential amenity. The noise created from the gastro pub

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would not be greater than the existing public house, which has not had any noise complaints lodged against it since 2000.

19. Conditions requiring details of boundary treatment to improve the level

of privacy and amenity of 1-3 Balaclava Road are also recommended. The character and appearance of the main building and the Conservation Area 20. The proposed rear extensions would be of a contemporary design that

would not reflect the original architecture of the main building but are considered to be a vast improvement to the existing conglomeration of mismatched extensions. In the circumstances it is concluded that the extensions would not be harm the appearance of the main building and would preserve the surrounding Conservation Area.

Reason For Approval The proposed extensions due to their design, siting and scale would not harm the amenities of neighbouring properties and would preserve the character and appearance of Surbiton Town Conservation Area. The use of the premises as a gastro pub would, subject to the inclusion of appropriate planning conditions would not harm the amenities of local residents by reason of noise or general disturbance. The development therefore complies with policies H1, BE3, BE11, BE12 and DC4 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration. APPROVE Subject to the following 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 premises shall be used for purposes within Class A3 of the Town

and Country Planning Use Classes Order as amended and for no other purpose.

Reason: To safeguard the amenities of adjoining occupiers 3. Use of the rear garden area for ‘external dining’ shall be restricted to

the area specifically shown for this purpose on the proposed floor plan hereby approved.

Reason: To safeguard the amenities of adjoining occupiers 4. The glazed bi-fold doors shown on the approved plans shall be

permanently fixed shut no later than 21:00 hours and no customers shall be served in the external dining area after 21:00 hours. Reason: To safeguard the amenities of adjoining occupiers

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5. No fans, louvres, ducts or other external plant other than those shown on the drawings hereby approved shall be installed without the prior written approval of the Local Planning Authority.

Reason: To safeguard the amenities of the occupiers of the

neighbouring properties and the visual amenities of the area in accordance with Policies H1 (Protection of Residential Amenities) and BE11 (Design of New Buildings and Extensions) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

6. The premises shall not be open to customers outside the following

hours 10:00-23:30 hours on Monday to Thursday 11:00-23:00 hours on Sunday 10:00-00:30 hours on Friday and Saturday

7. Before the development hereby permitted is complete a fence or wall

shall be erected along the southern boundary of the site in accordance with details which shall have been submitted to and approved in writing by the Local Planning Authority and shall thereafter be permanently retained.

Reason: In order to ensure the privacy and visual amenity of adjoining

occupiers is retained in accordance with Policies BE11 (Design of New Buildings and Extensions), BE12 (Layout and Amenity of Buildings and Extensions) and H1 (Protection of Residential Amenities)of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration

8. No development shall commence until a landscaping scheme 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: 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 BE9 (Trees and Soft Landscaping) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

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Surbiton Planning Sub-Committee

Date of Meeting: 23/11/2006 ______________________________________________________________ A2 Register No: 06/16437/FUL

Address: 56 PINE GARDENS, SURBITON, KT5 8LH Ward: Berrylands Description of Proposal: Demolition of existing garage and

conservatory. Erection of single storey rear and 2 storey side extension. Erection of side and rear dormer windows to facilitate loft conversion

RECOMMENDATION PERMIT Plan Type: Full Application Expiry Date: 17/10/2006 Applicant's Plan Nos: 114-01 Received 22/08/2006 114-20 Received 22/08/2006 114-21 Received 22/08/2006 114-22 Received 22/08/2006

Basic Information: Development Plan: Mayor for London - The London Plan Royal Borough of Kingston upon Thames -

Unitary Development Plan First Alteration UDP Policies BE11 Design of New Buildings and Extensions BE12 Layout and Amenity of Buildings and Extensions H1 Protection of Residential Amenities

Total Site Area 392sq m Total Floor Area 62.5sq m Dwellings 204 h.r.h. Habitable rooms 8 No.oF Units 1 Car Parking: Required 2 Proposed 2

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Previous Relevant History 06/16176/FUL Demolition of existing garage and

conservatory. Erection of single storey rear and 2 storey side extension. Erection of side and rear dormer windows to facilitate loft conversion

Refuse Full Application 31/05/2006

Consultations E-mail received from owner/occupier of 58 Pine Gardens. Raises objections on grounds of loss of light, loss of privacy, overbearing appearance and effect of development, non-compliance with building line, overdevelopment, harm to the character of the area, increased congestion, loss of visual amenity, impact on housing stock, drainage issues, inaccuracy of drawings and precedent. E-mail from 54 Pine Gardens. Objections raised on grounds of loss of privacy and light and harm to character of the area. Highways and Transportation – No objections. Thames Water – There are public sewers crossing this site, therefore no building will be permitted within 3 metres of the sewers without Thames Water’s approval. The Site 1. The site comprises a semi-detached dwelling. It is surrounded by

similar semi-detached housing a number of which have two storey side extensions (e.g. no. 29 opposite, nos. 52, 46, 44 and 42 all further along this side of the street). There is a distance of 1m to the boundary with no. 54 which is actually sited some 4m away.

The Proposal 2. The proposal is for the demolition of the existing garage and

conservatory and the erection of a single storey rear and two storey side extension. Side and rear dormer windows would be constructed in the roof to facilitate a loft conversion.

3. The two storey side extension would be level with the front and rear

elevations of the original building. It would be 2.65m in width and 1m from the side boundary with a pitched roof to be formed above at the same height and pitch as the existing roof. No windows to habitable rooms are proposed in the side elevation.

4. The single storey rear extension would be 9m in width (extending

behind the new two storey side extension) and 3m in depth with a dual pitched roof up to 4.5m in height.

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5. The side dormer extension would be 1m in width, 1.6m in height with a 1.6m projection from the side roofslope. The rear dormer extension would be triangular shaped being 5m in width, 1.8m in height and 2.5m from the roofslope.

6. The proposed ground floor plan indicates a ‘trellis over fence’ on the

boundary with no. 54 but no details or elevations have been submitted. Considerations 7. The application is made pursuant to application 06/16176 /FUL (see

planning history above) which was refused primarily because of the overbearing and excessive nature of the proposals and the impact on the visual and residential amenities of neighbouring dwellings.

8. The current application includes a single storey rear extension 3m in

depth next to the immediately neighbouring dwellings and a two storey side extension 1m from the boundary with no. 54. The size, design and appearance of the two storey side extension would be comparable with other two storey side extensions in the streetscene (e.g. no. 29 opposite) and the gap at the side would prevent an appearance of overdevelopment. It would also not impact unduly upon the light, privacy or outlook at no. 54. There are no windows to the habitable rooms in the side elevation of no. 54.

9. The single storey rear extension would comply with the Council’s

Supplementary Planning Guidance on Residential Extensions and would not detract from the residential amenities of no. 58. There is a 3.5-4m deep, 3m high single storey rear extension at the rear of no. 58. The rear extension at the application property would not result in an undue loss of light, privacy or outlook. Details of the proposed trellis to the boundary fence could be secured by way of a planning condition.

Reason for Approval The proposal would not detract from the character or appearance of the streetscene and there should be no undue harm caused to the amenities of neighbouring dwellings. It therefore complies with Policies H1, BE11, BE12 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration. 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)

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2. The materials and finishes of the external walls and roof of the development hereby permitted shall match in colour and texture those of the existing building, or such other materials as shall have been approved in writing by the Local Planning Authority.

Reason: To ensure a satisfactory appearance on completion of the development in accordance with Policies BE11 (Design of New Buildings and Extensions) and STR6 (Conserving and Enhancing the Built Environment) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

3. 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 vehicles in accordance with Policies T1 (Transport Safety) and T20 (Compliance with Car and Cycle Parking Standards) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

4. Notwithstanding the provisions of the Town and Country Planning

(General Permitted Development) Order 1995 (or any Order revoking or re-enacting this Order) no further windows or other openings shall be formed in the side elevations of the extensions hereby permitted 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 Policies BE12 (Layout and Amenity of Buildings and Extensions) and H1 (Protection of Residential Amenities) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

5. Prior to the commencement of the development, details of the

proposed trellis over the fence on the boundary with no. 58 Pine Gardens shall be submitted in writing and approved, also in writing, by the Local Planning Authority. Unless otherwise agreed by the Local Planning Authority, the trellis shall be erected, and permanently retained, in accordance with the approved details.

Reason: In order to ensure the privacy and visual amenity of adjoining occupiers is retained in accordance with Policies BE11 (Design of New Buildings and Extensions), BE12 (Layout and Amenity of Buildings and Extensions), H1 (Protection of Residential Amenities) and STR6 (Conserving and Enhancing the Built Environment) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

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Informative: Thames Water advises that there are public sewers crossing this site, therefore no building will be permitted within 3 metres of the sewers without Thames Water’s approval. Should you require a building over application form or other information relating to your building/development work, please contact Thames Water on 0845 850 2777.

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Surbiton Planning Sub-Committee

Date of Meeting: 23/11/2006 ______________________________________________________________ A3 Register No: 06/16489/FUL

Address: 322 EWELL ROAD, SURBITON, KT6 7AL Ward: Surbiton Hill Description of Proposal: Demolition of existing house and erection of

a three storey building providing 8 x 2 bedroom flats and a secure cycle store. Formation of a new access and parking area and associated landscaping.

RECOMMENDATION PERMIT Plan Type: Full Application Expiry Date: 24/11/2006 Applicant's Plan Nos: 05/024A/210 rev 00 Received 29/09/2006 05/024A/201 rev A Received 29/09/2006 05/024A/202 rev A Received 29/09/2006 05/024A/203 rev B Received 29/09/2006 05/024A/204 rev B Received 29/09/2006 05/024A/205 A Received 29/09/2006 05/024A/206 rev B Received 29/09/2006 05/024A/207 rev B Received 29/09/2006 05/024A/212 Received 05/10/2006 Supporting statements Received 29/09/2006

Basic Information: Development Plan: Mayor for London - The London Plan Royal Borough of Kingston upon Thames -

Unitary Development Plan First Alteration UDP Policies BE11 Design of New Buildings and Extensions BE12 Layout and Amenity of Buildings and Extensions BE9 Trees and Soft Landscaping H1 Protection of Residential Amenities H5 New Residential Development H6 Residential Density RES2 Planning Conditions and Agreements RES8 Community Benefit

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STR2 Residential Environment STR6 Conserving and Enhancing the Built Environment T1 Transport Safety T20 Compliance with Car and Cycle Parking Standards

Total Site Area 861sq m Total Floor Area 238sq m Density 279 Dwellings 8 Habitable rooms 24 No.oF Units 8 Car Parking: Required 8 Proposed 8

Previous Relevant History

06/16356/FUL Demolition of existing house and

erection of a three storey building providing 8 x 2 bedroom flats and a secure cycle store. Formation of a new access and parking area and associated landscaping.

Refused 21/09/2006, Appeal Lodged 23/10/2006

Consultations Housing Services – Notes the number of units proposed is below the threshold for affordable housing but would welcome the provision of any affordable units. Highways and Transportation – No response to date. No objections to previous proposal showing the same number of parking spaces. See conditions. Access Officer – Concern raised regarding corridor widths to flats 2 and 5, adequacy of walls for handrail purposes, need to manage disabled parking space and promote accessibility. Borough Cycling Officer – Concern raised regarding positioning and size of proposed cycle store, security and accessibility. Two letters of objection received (from 328 Ewell Road and 90 Douglas Road). Objections raised relate to: • Loss of Victorian dwelling • Overdevelopment • Deterioration in appearance of site and loss of trees • Increased congestion and pressure on the highway • Loss of privacy, daylight and sunlight • Harm to character of the area • Loss of outlook

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• Increased reliance on car – environmental issues • Drain on services, water etc. Site and its Surroundings 1. The site lies on the southern side of Ewell Road midway between

Surbiton and Tolworth and comprises a large two storey, detached property. There is a distance of 21m to 328 Ewell Road (to the east) which is a two story semi-detached house. No. 320 Ewell Road is a three storey terraced property located some 2m from the application property. The surrounding area comprises a mixture of residential and commercial uses. No. 320 Ewell Road is in a Local Shopping Centre and to the east the neighbouring properties are residential. There are no significant trees on the site. The site has an existing vehicular access onto Ewell Road on its eastern side close to no. 328. The flank wall of no. 13 St Thomas Close is located 5m from the rear boundary of the site.

Background 2. On 21st September 2006 a planning application (06/16356/FUL) for the

demolition of the existing building and the erection of a three storey building providing 8 x 2 bedroom flats and secure cycle store, new access, parking area and landscaping was refused. The application was reported to the Surbiton Planning Sub-Committee meeting on 14th September 2006 with a recommendation for permit but Members decided to refuse the application on grounds of harm to the amenities of 328 Ewell Road particularly through loss of light.

The Proposal 3. The proposal is for the demolition of the existing house and the

erection of a three storey building comprising eight two bedroom flats, a secure cycle store and refuse and recycling store. A new vehicular access would be formed and parking and landscaped areas provided. The new building would be sited on the western side of the site on the site of the existing building. It would be 3.9m from 320 Ewell Road and 14.7m from 328 Ewell Road. (The previous proposal, ref: 06/16356/FUL, was sited 5.6m from 328 and 13.2m from 320 (Tippetts)). The current proposal would broadly follow the building line of the terrace to the west (308-320 Ewell Road) being 5.5m from the highway at its closest point. At the rear it would be 7.25m from the rear boundary. The building would be 10m in height (incorporating two flats within the roof), 17m in width and 14.6m in depth. The design would be traditional featuring brick walls, a tiled pitched roof and front and rear gables.

4. A total of 8 parking spaces would be provided. Seven would be sited

on the eastern side of the site, close to no. 328 Ewell Road. One (disabled persons) space would be sited in front of the building. A new

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crossover would be formed 7.5m from the boundary with 328. Landscaping would be provided in front of the building and open space (approx 210 sq.m.) would remain at the rear. The new cycle store would be sited on the eastern boundary and would be 5.5m in length, 2.4m in width and lower than the boundary wall. The refuse/recycling store would sit alongside 320 Ewell Road and would be 2.5m in length and 1.5m in width.

Considerations 5. The main issues to be considered in this case are as follows:

i) the principle of the development and the effect on the character of the area

ii) the effect on the amenities of neighbouring properties iii) the impact on highways iv) trees v) Community Benefit vi) sustainability

The principle of the development and the effect on the character of the area 6. The site is in a residential area and there are no objections in principle

to residential development. 7. The density of development would remain the same as for the

previously refused scheme i.e. 93 dwellings per hectare or 279 habitable rooms per hectare. The siting of the new building next to the three storey terrace and the provision of an open area alongside the neighbouring semi-detached dwelling (328 Ewell Road) would reduce the perception of overdevelopment and safeguard the outlook from 328 Ewell Road.

8. The report for application 06/16356/FUL refers to the accessibility of

the site and the densities of development in the surrounding area. The new building would compare with the adjoining terrace (308-320 in terms of its height and width. It would be roughly in line with this terrace and is not considered to detract from the appearance of the streetscene or the character of the area.

The Effect on the Amenities of Neighbouring Properties 9. Being sited some 21m from the flank elevation of 328 Ewell Road there

should be no undue loss of light in any rooms or the garden of this property. No objections have been received from the occupiers of the dwelling.

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The Impact on Highways 10. As per the previous application a total of 8 parking spaces are

proposed. This complies with the Council’s standards which are for a maximum of 10 spaces to be provided. Subject to conditions there are no highways objections.

Trees 11. There are no significant trees on the site. There is a hedge along the

front which is shown as being partly retained. Two new trees are also proposed as a replacement for a TPO Oak tree previously removed. New landscaping and details of the front boundary treatment are recommended by way of conditions.

Community Benefit 12. The proposal would represent a form of development for which the

Council requires a contribution to the provision of educational facilities in the Borough under Policy RES8 of the Unitary Development Plan. The applicants have agreed to enter into an agreement to make a financial contribution of £7,500 should the proposal be granted planning permission. This equates to £1,250 per new 2 bedroom flat in accordance with the Council’s adopted policy.

Sustainability 13. The application is accompanied by a statement which outlines a

number of measures which will be taken to promote sustainability. These include energy efficient means of construction, insulation, heating and lighting, the use of eco-friendly building materials, proximity to the town centre and promotion of cycling and buses as means of transport. Measures are also proposed to ensure natural light, sound insulation, low water fittings, water recycling, waste recycling facilities and the provision of indigenous species in the amenity area.

Conclusion 14. The revised proposal would address the reasons for refusal of the

previous scheme and would be in keeping with the character or appearance of the area and not result in any loss of residential amenities or highway safety.

Reasons for Approval 15. The proposal is considered to represent an appropriate form of

development which would be appropriate to the character and appearance of the area and would not detract from the residential amenities or visual amenities of surrounding occupiers. It would not

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impact upon the safety or free-flow of traffic on the highway and subject to conditions there should be no harm caused to the landscape value of the site. The proposal therefore complies with Policies STR2, STR6, BE9, BE11, BE12, H1, H5, H6, T1, T20, RES2 and RES8 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

Recommendation PERMIT subject to the following 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 car parking, servicing and manoeuvring areas shown on the

approved drawing shall be provided with a hard, bound, dust-free surface, adequately drained before the development is occupied for the purpose hereby permitted. The respective areas shall be kept free from obstruction at all times, and shall not thereafter be used for any other purposes other than those shown on the approved drawing.

Reason: To ensure that the proposed development does not prejudice

the free flow of traffic or conditions of general safety on adjoining highways and that adequate parking servicing and manoeuvring provision is made in accordance with Policies BE12 (Layout and Amenity of Buildings and Extensions), T1 (Transport Safety), T20 (Compliance with Car and Cycle Parking Standards) and T21a ( Provision and Management of Public Car Parking) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

3. The existing access to the site from Ewell Road shall be permanently

stopped up and extinguished before the use hereby permitted is commenced.

Reason: In the interests of amenity and vehicular and pedestrian safety

in accordance with Policies BE12 (Layout and Amenity of Buildings and Extensions) and T1 (Transport Safety) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

4. By the time the development hereby permitted is substantially

complete, pedestrian/vehicular intervisibility splays of 2.8m x 3.3m shall have been provided in each direction where the access meets the back edge of footway, and shall be permanently retained free from any obstruction to visibility higher than 1.0m above ground level.

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Reason: To maintain pedestrian/vehicular intervisibility in the interest of highway safety in accordance with Policy T1 (Transport Safety) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

5. Prior to the commencement of the development hereby permitted

details of the cycle parking facilities to be provided shall be submitted in writing for approval, also in writing, by the Local Planning Authority. Such details, including the location, means of access to, type of enclosure and numbers of cycle spaces shall be provided in accordance with the approved details (unless otherwise agreed in writing by the Local Planning Authority) and permanently retained for use by the occupiers of the development or visitors thereto.

Reason : In the interests of promoting the use of more sustainable

methods of transport in accordance with Policies STR16 and T15 and T20 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

6. A sample of the facing materials to be used shall be submitted to and

approved in writing by the Local Planning Authority before any works on site are commenced.

Reason: To ensure a satisfactory appearance on completion of the development in accordance with Policies BE11 (Design of New Buildings and Extensions) and STR6 (Conserving and Enhancing the Built Environment) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

7. Fences, walls or other means of enclosure shall be erected along the

boundaries of the site (and individual plots) prior to the occupation of the dwelling to which they relate, in accordance with details which shall have been submitted to and approved in writing by the Local Planning Authority and shall thereafter be permanently retained.

Reason: In order to ensure the privacy of adjoining occupiers and

visual amenity of the area is retained in accordance with Policies BE11 (Design of New Buildings and Extensions), BE12 (Layout and Amenity of Buildings and Extensions), H1 (Protection of Residential Amenities) and STR6 (Conserving and Enhancing the Built Environment) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

8. Refuse storage and recycling facilities shall be provided prior to the

occupation of the development hereby permitted in accordance with details which shall have been submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development, such facilities to be permanently retained at the site.

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Reason: To ensure the provision of refuse facilities to the satisfaction of the Council in accordance with Policies H1 (Protection of Residential Amenities), STR6 (Conserving and Enhancing the Built Environment) and MW2 (Waste and Environment) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

9. The open area around the building hereby approved shall be

permanently retained as amenity space for the occupiers of that building and shall not be used for any other purposes.

Reason: To ensure the retention of amenity space and to safeguard

the amenities of adjoining occupiers in accordance with Policies BE12 (Layout and Amenity of Buildings and Extensions), H1 (Protection of Residential Amenities), RES3 (Determination of Planning Applications), and STR7 (Safeguarding and Enhancing Open Land) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

10. No development shall commence until a landscaping scheme 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: 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 BE9 (Trees and Soft Landscaping) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

Informatives: 1. Any vehicular crossing must be constructed and any redundant

crossing reinstated as footway in accordance with the provisions of the Highways Act, 1980 by the Head of Highways & Transportation, Directorate of Environmental Services, Guildhall II, Kingston upon Thames.

2. The applicant's attention is drawn to the attached guidelines from the

Borough Environmental Health Officer regarding possible environmental nuisance caused by the development.

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Surbiton Planning Sub-Committee

Date of Meeting: 23/11/2006

______________________________________________________________ A4 Register No: 06/16529/FUL

Address: 15 SOUTH PLACE, SURBITON, KT5 8RX Ward: Berrylands Description of Proposal: Erection of 2 storey side and single storey

rear extension containing 1 x 2 bedroom ground floor flat and first floor studio flat

RECOMMENDATION SUBJECT TO LEGAL AGREEMENT

PERMIT Plan Type: Full Application Expiry Date: 20/12/2006 Applicant's Plan Nos: DRW002 rev A Received 25/10/2006 DRW003 rev A Received 25/10/2006 DRW004 rev A Received 25/10/2006 DRW005 rev C Received 25/10/2006 DRW006 rev C Received 25/10/2006 DRW007 rev C Received 25/10/2006 DRW008 rev C Received 25/10/2006 DRW009 rev C Received 25/10/2006 OS Map Received 19/10/2006 Design Statement Received 19/10/2006

Basic Information: Development Plan: Mayor for London - The London Plan Royal Borough of Kingston upon Thames -

Unitary Development Plan First Alteration UDP Policies BE11 Design of New Buildings and Extensions BE12 Layout and Amenity of Buildings and Extensions BE8 Buildings of Townscape Merit H1 Protection of Residential Amenities H2 Residential and Other Uses in Residential Areas H5 New Residential Development H6 Residential Density RES8 Community Benefit

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T1 Transport Safety T20 Compliance with Car and Cycle Parking Standards

Total Site Area 801sq m Total Floor Area 70sq m Density 87 dwellings/hectare Dwellings 2 Habitable rooms 4 The Proposal The application proposes the erection of a 2 storey side and single storey rear extension containing 1 x 2 bedroom ground floor flat and a first floor studio flat. The extension is to be built to the west of the existing building adjacent to Percy Court. It is to be built 1m from the boundary. The 2 storey part of the proposed extension is set back from the front wall of the existing building and will match the depth of its western wall. The single storey part of the proposed extension will be to the rear of the proposed 2 storey side extension and part of the existing house. The proposal will be built of materials to match the existing property whilst the windows will be designed to match those in the existing building. Relevant Planning History 06/16419/FUL - Erection of 2 storey side extension containing 2 x 2 bedroom self contained flats - Application Withdrawn 16/10/2006 06/16303/FUL - Erection of a part single storey, part 2 storey side and rear extension containing 3 x 1 bedroom and 1 x 2 bedroom self contained flats - Application Withdrawn 28/07/2006 05/16381/LDE - Use of 2 storey dwelling as 1 x 1 bedroom and 3 x 2 bedroom self contained flats and 1 studio flat - Issue Use 4 Years 30/09/2005 Consultations Borough Valuer – no observations Highways and Transportation: no observations Transport For London – no observations Conservation Officer – notes that in this third scheme the extension is wider but the depth has been reduced at first floor level to the depth of the central part of the house, which is considered to be acceptable. The windows in the front elevation should be vertically proportioned sash windows as in the main house and not casement style as in the other wing. Plans should be amended so that all the windows in the new extension are all timber and are vertical sliding sash windows with window reveals, window heads and cills to match the original sash windows and window openings. Also, recommends that a

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condition is attached in respect of matching facing materials and window design. 8 Holmwood House, Alpha Road – concerned about parking; owners of new flats could own up to three cars which would cause problems to existing parking levels, which are already at a premium 12 Percy Court – concerned about the already ‘fully subscribed’ parking situation in the surrounding roads; will parking be provided for the new residents on the property or will they be competing for space in the adjacent roads? Site and its Surroundings 1. The application property currently contains 5 flats, which were granted

a Certificate of Lawful Use in 2005. It is a Building of Townscape Merit. The curtilage of the property is bounded by a high wall on all sides with access to the front of the property gained by a high fence or gate. The site has a number of trees of various sizes in its curtilage with 2 large trees, one sited at the front of the property and one sited at the rear, considered important to the character of the area. Neither are situated close to the proposed extension.

2. To the east, north and west of the property are low rise flats. Percy

Court to the west has a first floor platform that looks towards the application property. It is sited approximately 8m from the boundary with South Place and 9m from the nearest wall of the proposed extension. The proposal will not be visible from the eastern block of Holmwood House and will be situated some distance to the northern block.

Considerations 3. The issues to be addressed are:

(i) The principle of the proposed development (ii) The impact on the residential and visual amenities of

neighbouring properties (iii) The impact on the character and appearance of the area (iv) The provision of required off street parking capacity (v) Provision of community benefit

The principle of the proposed development: 4. The local area is residential and is characterised by blocks of flats of

varying sizes and design. Percy Court and Capel House to the west of the application property consist of 12 flats and 22 flats respectively, whilst Holmwood House to the north and east consists of 3 blocks with a total of 16 flats between them. The proposal will add a 2 bedroom flat and a studio flat to the 3 x 2 bedroom flats, 1 x 1 bedroom flat and a

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studio flat already existing at the property. By only increasing the application from 5 flats to 7 flats, the application property will remain in keeping with the density and character of the surrounding area. The proposal is therefore in accordance with policies H2 and H6.

Impact on the residential and visual amenities of neighbouring properties: 5. As stated, the application site is surrounded by residential properties to

the west, north and east. The proposal will bring the flank wall of the application property 5.1m closer to the western boundary of the site. The flank wall will then be 6.5m deep and 9m from the flats on Percy Court. Due to the position of Percy Court to the west of the proposed extension, this is not considered to impact unduly on the amount of sunlight afforded to the flats located here and will not cause an unreasonable loss of outlook. The windows in the west facing wall of the proposed extension are to be obscure glazed and as such will not result in a loss of privacy for the neighbouring properties. The proposal will not impact on the residential amenities of the flats to the north and east due to their distances involved.

Impact on the character and appearance of the area: 6. Although the proposal will result in the loss of a number of small trees

situated within the curtilage of the application property, the building is largely obscured from the street due to the large boundary wall that surrounds it. Therefore, the proposed extension will not be highly visible from South Place. The property is a Building of Townscape Merit and any extensions should therefore be sympathetic to the existing style, size and design of the property, in accordance with policy BE8 of the UDP. The comments received from the Council’s Conservation Officer state that the proposed size and form of the extension are acceptable. The materials and finish applied to the extension should match the existing property whilst the windows in the front elevation should be altered to match those of the main building and not those of the eastern wing of the building. As such conditions are recommended to ensure these provisions are met. Subject to these recommendations being complied with, the proposal is not considered to be a detrimental addition to the character and appearance of the area.

Provision of required off-street parking capacity: 7. The application proposes 5 off-street car parking spaces and a secure

bike store. As the Highways and Transportation have not objected to the proposal, this is considered to satisfy the parking standards for this property. It is not envisaged therefore that the proposal would lead to an increase in demand for on-street parking.

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Community Benefit: 8. The proposal would represent a form of development for which the

Council requires a contribution to the provision of educational facilities in the Borough under Policy RES8 of the Unitary Development Plan. The applicants will be required to make a financial contribution of £1,250 should the proposal be granted planning permission in accordance with the requirement for £1,250 per new 2 bedroom dwelling in accordance with the Council’s adopted policy. A condition is recommended to ensure this is complied with.

Recommendation 9. PERMIT subject to the signing of a legal agreement relating to a

contribution towards educational facilities in the borough and the following conditions.

Reason for Approval The proposal is considered to be an appropriate development within this urban area and will not adversely impact upon the appearance of the locality or the amenities enjoyed by the occupants of the neighbouring properties. The off-street parking levels are considered to be acceptable and will not unduly impact on the existing parking levels in the locality. Accordingly the proposal complies with polices STR6, H1, H2, H5, H6, BE8, BE11, BE12, T1 and T20 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration. Subject to the following 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 car parking identified upon the approved drawings shall be

reserved for car parking by occupiers of the dwellings hereby permitted and their visitors and for no other purpose.

Reason: In order to reserve car parking spaces for the use of residents in accordance with Policies BE12 (Layout and Amenity of Buildings and Extensions), T1 (Transport Safety), T20 (Compliance with Car and Cycle Parking Standards) and T21a ( Provision and Management of Public Car Parking) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

3. The materials and finishes of the external walls and roof of the

development hereby permitted shall match in colour and texture those of the existing building, or such other materials as shall have been approved in writing by the Local Planning Authority.

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Reason: To ensure a satisfactory appearance on completion of the development in accordance with Policies BE11 (Design of New Buildings and Extensions) and STR6 (Conserving and Enhancing the Built Environment) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

4. Notwithstanding the details shown on the approved plans, amended

details and drawings of the proposed windows must be submitted to and approved in writing by the Local Planning Authority. The windows to be inserted in the south facing elevation of the extension subject of this application must be constructed of timber with vertical sliding sash windows with window reveals, window heads and cills to match the original sash windows and window openings in the central part of the building. The development shall thereafter be completed only in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

Reason: To protect the character and appearance of the Building of Townscape Merit in accordance with Policy BE8 (Buildings of Townscape Merit) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

5. Notwithstanding the provisions of the Town and Country Planning

(General Permitted Development) Order 1995 (or any Order revoking or re-enacting this Order) no further windows or other openings shall be formed in the west facing wall of the 2 storey part of the extension hereby permitted 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 Policies BE12 (Layout and Amenity of Buildings and Extensions) and H1 (Protection of Residential Amenities) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

6. The windows in the west facing elevation and situated on the ground

and first floors of the 2 storey part of the extension 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.

Reason: To protect the amenities and privacy of the occupiers of the adjoining residential properties in accordance with Policies BE12 (Layout and Amenity of Buildings and Extensions) and H1 (Protection of Residential Amenities) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

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Informatives: 1. You are advised that this planning permission has an accompanying

Planning Obligation/Legal Agreement which requires the payment of a Financial Contribution towards Education Facilities prior to the occupation of the residential accommodation hereby permitted and/or the payment of a Financial Contribution towards the Transport Fund/Environmental Improvements/Other Obligations.

2. The use of any type of film material affixed to clear glass is not

acceptable for the purposes of condition 6. 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