Agenda item

The application was for a hybrid planning application (part outline, part full) for the erection of 13 self-build dwellings within serviced plots with associated car parking, landscaping and other associated works (outline including the details of access, layout and landscaping to be determined), and a full details application for the erection of a pavilion for a retained tennis court, following the removal of remaining structures.  Details of access, layout and landscaping to be determined.

 

Members were advised of the following updates on the application:

 

“UPDATE 

 

One further objection has bene received from a local resident raising similar concerns to the other objectors, as set out in the officer report, with the following additional concern:

 

·         The potential drawn-out time frame for construction of the dwellings in this development [Officer comment: Time limit controls which can be imposed relate to commencement only.  However, the revised condition 1 below will ensure that work on all plots would be constructed in a more timely manner – see comment below]

 

The applicant has suggested amendments to Conditions 1, 14, 15 and 18 as follows:

 

·         Condition 1, the time limit condition, would not allow the provision of matters under the detailed permission to be implemented independently of the reserved matters [Officer comment: This is agreed.  Condition 1 is to be amended to reflect the time scale for the outline matters for the construction of each dwelling.  Additional Condition 26 has been added to provide a time limit for the full matters].

·         Conditions 14 and 15 require the onsite remediation and drainage (outside of the plots) to be completed prior to the submission of the reserved matters.  However, this could cause delays in the process when these works could be undertaken and completed at a slightly later position, i.e. prior to the construction of the dwellings [Officer comment: This is agreed. Amended conditions in this regard are proposed below and are consistent with the consultee’s recommendation]  

·         Condition 23 requires the provision of physical samples and at this time, specification sheets and images, could be provided instead.  [Officer comment: The condition requires the provision of samples and details of external materials.  However, these do not need to be physical samples but electronic submissions would be acceptable and would not conflict with the requirements of this condition.  As such, no change to this condition is required]

 

Proposed amendments to conditions (amendments highlighted in bold)

 

Condition 1

 

1. Approval of the details of the scale and appearance of the development i.e. the dwellings (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

 

(a) Application for approval of the reserved matters shall be made to the Local Planning Authority within three years of the date of this permission.

 

(b) The construction of each individual dwelling hereby permitted shall be begun not later than the expiration of two years from the approval of the reserved matters for that dwelling

 

Reason: To prevent an accumulation of unimplemented planning permissions and to comply with Section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and the Compulsory Purchase Act 2004.           

 

Condition 14

 

14. Development shall not begin until a scheme to deal with contamination of the site has been submitted to and approved in writing by the Local Planning Authority.

 

The above scheme shall include:-

 

(a) a contaminated land desk study and proposed site assessment methodology;

 

(b) a site investigation report based upon (a);

 

(c) a remediation action plan based upon (a) and (b);

 

(d) a "discovery strategy" dealing with unforeseen contamination discovered during construction; and,

 

(e) a "validation strategy" identifying measures to validate the works undertaken as a result of (c) and (d).

 

Prior to the construction of the dwellings within this development:

 

(a) a verification report appended with substantiating evidence demonstrating the agreed remediation has been carried out for the land outside of the residential plots (as defined by Drawing No. 3542.P.102); and

 

(b) a method statement to ensure that at any stage of the development the re-contamination of an individual plot, which has been remediated, does not occur where an adjacent or nearby plot remains undeveloped (and therefore not remediated) and the development shall be undertaken in accordance with the approved details.

 

Each dwelling cannot be occupied until:

 

(a) a verification report appended with substantiating evidence demonstrating the agreed remediation has been carried out for the land within the individual residential plot concerned (as defined by Drawing No. 3542.P.102).

 

Unless otherwise agreed in writing by the Local Planning Authority, the development shall be carried out and completed wholly in accordance with such details as may be agreed.

 

Reason: To ensure that a satisfactory strategy is put in place for addressing contaminated land, making the land suitable for the development hereby approved without resulting in risk to construction workers, future users of the land, occupiers of nearby land and the environment generally in accordance with Policies CP2 and DM9 of the Surrey Heath Core Strategy and Development Management Policies Document 2012 and the National Planning Policy Framework.

 

Condition 15

 

15. Prior to the construction of the dwellings within this development, details of the design of a surface water drainage scheme should be submitted to and approved in writing by the local planning authority. The design must satisfy the SuDS Hierarchy and be compliant with the national Non-Statutory Technical Standards for SuDS, NPPF and Ministerial Statement on SuDS.

 

The required drainage details shall include:

 

(a) Detailed drainage design drawings and calculations to include: a finalised drainage layout detailing the location of drainage elements, pipe diameters, levels, and long and cross sections of each element including details of any flow restrictions and maintenance/risk reducing features (silt traps, inspection chambers etc) outside of the residential plots (as defined by Drawing No. 3542.P.102) and a strategy for providing drainage within the residential plots (as defined by Drawing No. 3542.P.102).

 

(b) Details of how the drainage system will be protected during construction and how runoff (including any pollutants) from the development site will be managed before the drainage system is operational and partly operational.

 

(c) Details of drainage management responsibilities and maintenance regimes for the drainage system outside of the residential plots (as defined by Drawing No. 3542.P.102).

 

(d) A plan showing exceedance flows (i.e. during rainfall greater than design events or during blockage) and how property on and off site will be protected.

 

Prior to the construction of the dwellings within this development, detailed drainage design drawings and calculations to include: a finalised drainage layout detailing the location of drainage elements, pipe diameters, levels, and long and cross sections of each element including details of any flow restrictions and maintenance/risk reducing features (silt traps, inspection chambers, etc.) within the residential plot concerned (as defined by Drawing No. 3542.P.102). 

 

Unless otherwise agreed in writing by the Local Planning Authority, the development shall be carried out and completed wholly in accordance with such details as may be agreed.

 

Reason: To ensure the design meets the national Non-Statutory Technical Standards for SuDS and the final drainage design does not increase flood risk on or off site and to accord with Policy DM10 of the Surrey Heath Core Strategy and Development Management Policies 2012 and the National Planning Policy Framework.

 

 

Proposed additional condition

 

26. The development under the full permission consisting of the pavilion, access road and path, hereby known as the “full matters”, as shown on Drawing No 3542.P.105 Rev. D permitted shall be begun within three years of the date of this permission.

 

Reason: To prevent an accumulation of unimplemented planning permissions and in accordance with Section 91 of the Town and Country Planning Act 1990 as amended by Section 51(1) of the Planning and Compulsory Purchase Act 2004.”

 

Members had significant concerns in respect of the proposed access arrangements onto the site from Guildford Road, particularly in respect of sightlines as well as pedestrian and cycle access and egress arrangements. However it was acknowledged that it wasn’t within the Committee’s remit to stipulate an alternative points of access onto the site. 

 

The officer recommendation to grant the application was proposed by Councillor Cliff Betton, seconded by Councillor Edward Hawkins and put to the vote and carried.

 

RESOLVED that application 19/2311 be granted subject to the conditions as set out in the officer report, and a legal agreement.

 

Note 1

It was noted for the record that:

 

                      i.        All Members of the Committee had received a letter from the applicant in respect of the application.

                    ii.        Councillor Helen Whitcroft had received 2 telephone calls in regards to the application, but came into the meeting with an open-mind

 

Note 2

A Roll Call Vote was taken and voting in relation to the application was as follows:

 

Voting in favour of the recommendation to grant the application:

 

Councillors Graham Alleway, Peter Barnett, Cliff Betton, Colin Dougan, Shaun Garrett, Edward Hawkins, David Lewis, Charlotte Morley, Robin Perry, Darryl Ratiram, Morgan Rise, Victoria Wheeler, Helen Whitcroft and Valerie White.

 

Voting against the recommendation to grant the application:

 

Councillor Graham Tapper