Agenda item

The application was for the erection of 2 No. semi-detached 2 storey, three bedroom houses, 2 No. semi-detached one bedroom bungalows, and single storey extension to provide 1 No. one bedroom ground floor flat with associated car parking and landscaping, following the demolition of existing garages.

This application would normally have been determined under the Council's Scheme of Delegation for Officers.  However, it was reported to the Planning Applications Committee at the request of Cllr Pat Tedder.

Members were advised of the following updates:

‘The Senior Environmental Health Officer raises no objections and recommends a condition (see below).

A set of photos have been provided taken within and around the application site showing the levels of on-street (and other) car parking in the area, as well as car parking on the application site.  The parking shown within the application site is principally provided on an informal basis; and this parking (totalling seven spaces) would be displaced by the proposal.   To gain access to garages, any parking to the front of the garages (amounting to five of these spaces) would need to undertaken by those renting the respective garages and, as indicated in the officer report, the survey for the applicant indicates that only two of the garages on the site are rented by local residents.

ADDITIONAL CONDITION:

7. Unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until parts 1 to 4 of this condition have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until part 4 has been complied with in relation to that contamination.

1. Site Characterisation

An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

(i) a survey of the extent, scale and nature of contamination;

(ii) an assessment of the potential risks to:

• human health,

• property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

• adjoining land,

• groundwaters and surface waters,

• ecological systems,

• archeological sites and ancient monuments;

(iii) an appraisal of remedial options, and proposal of the preferred option(s).

This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.

2. Submission of Remediation Scheme

A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. 

3. Implementation of Approved Remediation Scheme

The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.

4. Reporting of Unexpected Contamination

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of part 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of part 2, which is subject to the approval in writing of the Local Planning Authority.

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with part 3.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors and to accord with the National Planning Policy Framework’.

Some Members felt that the area needed more housing but there was a distinct lack of parking and the suggested parking would block access. There was also some concern regarding the potential loss of the footpaths but officers confirmed that they would remain and an informative was included to support this.

Resolved that application 17/0719 be approved as amended subject to the conditions as set out in report of the Executive Head – Regulatory and the subject to the securing of a contribution towards SAMM and delivery and retention of 100% affordable housing.   

In the event that a satisfactory legal agreement has not been received by the 1 December 2017, or any longer period as agreed by the Executive Head of Regulatory, to secure a contribution towards SAMM and ensuring that the development is provided and retained as 100% affordable housing, the Executive Head of Regulatory be authorised to refuse the application for the following reasons:-

i)             In the absence of a completed legal agreement under section 106 of the Town and Country Planning Act 1990, as amended, or payment of the SAMM payment in advance of the determination of the application, the applicant has failed to comply with Policy CP14B (vi) of the Surrey Heath Core Strategy and Development Management Policies Document 2012; and, Policy NRM6 of the South East Plan 2009 (as saved) in relation to the provision of contribution towards strategic access management and monitoring (SAMM) measures, in accordance with the requirements of the Surrey Heath Borough Council's Thames Basin Heaths Special Protection Area Avoidance Strategy Supplementary Planning Document (Adopted January 2012).

ii)           In the absence of a completed legal agreement under section 106 of the Town and Country Planning Act 1990, as amended, the applicant has failed to comply with Policies CP12 and CP14 of the Surrey Heath Core Strategy and Development Policies 2012 and Policy NRM6  of the South East Plan 2009 (as saved) in relation to the provision of contributions towards local infrastructure including towards sites of accessible natural greenspace (SANG) measures, in accordance with the requirements of the Surrey Heath Borough Council's Thames Basin Heaths Special Protection Area Avoidance Strategy Supplementary Planning Document (Adopted January 2012) which would otherwise by exempted for affordable housing under the CIL regulations.

Note 1

The recommendation to approve the application as amended was proposed by Councillor Colin Dougan and seconded by Councillor Robin Perry.

Note 2

In accordance with Part 4, Section D, paragraph 18 of the Constitution, the voting in relation to the application was as follows:

Voting in favour of the recommendation to approve the application as amended:

Councillors Vivienne Chapman, Colin Dougan, Edward Hawkins, Jonathan Lytle, Max Nelson, Adrian Page, Robin Perry and Ian Sams.

Voting against the recommendation to approve the application as amended:

Councillors Katia Malcaus Cooper, Conrad Sturt, PatTedder, Victoria Wheeler and Valerie White