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Details of Planning Application - 08/P/01926

Application Details

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Application Number:

08/P/01926

Application Type:

Full Application

Date Received:

03/10/2008

Registration Date:

22/10/2008

Press Date:

14/11/2008

Comments welcome by:

05/12/2008

Target Date for Decision:

21/01/2009

Location:

Stoughton Grange Junior School, Grange Road, Guildford, GU2 9PZ

Ward:

Stoughton

Parish:

Stoughton

Class:

All other major developments

Proposal:

Erection of a part two/part three storey building containing sixteen care apartments and a fifty one bed care home and a two storey building containing eight care apartments and associated parking and landscaping following demolition of existing school buildings (amendment to 07/P/0621 approved on 12/01/2007).

Case Officer:

Nick Upton

Case Officer Tel:

01483 444624

Status:

Decided

Agent:

DWA Architects Ltd

39 Blossom Street

York

North Yorkshire

YO24 1AQ

Applicant:

Earthtent Ltd

Aston Court

31 Homefield Road

London

SW19 4QF

Neighbours

Received: 5

and Representatives:

In Favour: 0

Click here for a list of those consulted

Against: 5

Committee Meeting Date:

No date

Decision Level:

Delegated

Decision Date:

19/01/2009

Decision:

Approve

Conditions or Reasons:

The development hereby approved has been assessed against <TxtPolicies> and material considerations, including third party representations. It has been concluded that the development, subject to the conditions imposed, would accord with the development plan and there are no other material considerations to justify a refusal of permission.

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

Reason: To comply with Section 91(1) of the Town and Country Planning Act 1990 as amended by Section 51 (1) of the Planning and Compulsory Purchase Act 2004.

2) The buildings shall not be erected other than in the materials previously approved on 28/01/08 under planning permission reference 07/P/0621, or such other materials as approved in writing by the Local Planning Authority.

Reason: To ensure that the external appearance of the buildings is satisfactory. In accordance with the following policy number(s), G5 of the Guildford Borough Local Plan 2003 as saved by CLG Direction on 24/09/07.

3) All planting, seeding or turfing comprised in the details of landscaping, as shown on drawing C2520/16, shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the landscaping die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

Reason: In the interests of visual amenity. In accordance with the following policy number(s), G5 of the Guildford Borough Local Plan 2003 as saved by CLG Direction on 24/09/07.

4) The use hereby permitted shall not be commenced until additional tree screening has been planted on the west and south west boundaries of the site in accordance with details which shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be maintained in perpetuity.

Reason: To safeguard the visual amenities of neighbouring properties and the locality. In accordance with the following policy number(s), G1(3) of the Guildford Borough Local Plan 2003 as saved by CLG Direction on 24/09/07.

5) No external lighting shall be installed on the site or affixed to any buildings on the site unless the Local Planning Authority has first approved in writing details of the position, height, design and intensity.

Reason: In the interests of visual amenity. In accordance with the following policy number(s), G5 and G1(3) of the Guildford Borough Local Plan 2003 as saved by CLG Direction on 24/09/07.

6) Works related to the construction of the development hereby permitted, including works of demolition or preparation prior to building operations, shall not take place other than between the hours of 8 am and 6 pm Monday to Friday and at no time on Saturdays, Sundays, Bank or National Holidays.

Reason: To protect the neighbours from noise and disturbance outside the permitted hours during the construction period. In accordance with the following policy number, G1(3) of the Guildford Borough Local Plan 2003 as saved by the CLG Direction on 24/09/07.

7) The development shall be implemented in strict accordance with the details of the slab levels approved on 25/01/08 under the previous planning permission reference 07/P/0621. The constructed development shall not vary from the approved levels.

Reason: In order to ensure a satisfactory form of development. In accordance with the following policy number(s), G5 of the Guildford Borough Local Plan 2003 as saved by CLG Direction on 24/09/07.

8) Notwithstanding the provisions of the Town and Country Planning, (General Permitted Development) Order 1995 (as amended on 1st October 2008) (or any Order revoking and re-enacting that Order with or without modification) no additional windows or similar openings shall be constructed at first floor level or above in the elevations of the buildings except for any which may be shown on the approved drawings.

Reason: To safeguard the residential amenities of neighbouring properties. In accordance with the following policy number(s), G1(3) of the Guildford Borough Local Plan 2003 as saved by CLG Direction on 24/09/07.

9) No trees, hedgerows or shrubs within the curtilage of the site, except those shown on the approved plan(s) or otherwise clearly indicated in the approved details as being removed, shall be felled lopped or pruned, nor shall any roots be removed or pruned without the prior consent of the Local Planning Authority during development and for a period of five years after completion of the development hereby approved. The branch structure and trunks of the trees to be retained and their root systems shall be protected from any damage during site works. Any trees, hedgerows or shrubs removed or which die or become dangerous, damaged or diseased before the end of a period of five years after completion of the development hereby approved shall be replaced with new trees, hedging or shrub species (of such size species and in such number and position as maybe agreed in writing), before the end of the first available planting season (1 November to 31 March) following their loss or removal.

Reason: The existing trees/hedgerows/shrubs represent an important public visual amenity in the area. In accordance with the following policy number(s), G5 of the Guildford Borough Local Plan 2003 as saved by CLG Direction on 24/09/07.

10) Prior to the commencement of any development, details of predicted energy use of the development and the generation of on-site renewable energy shall be submitted to and approved in writing by the Local Planning Authority. These details will demonstrate how energy efficiency is being addressed, including benchmark data, and show the on-site measure(s) to be taken to produce a minimum of 10% of the total energy requirements of the new development by means of renewable energy sources. Such details as may be approved shall be implemented prior to the first occupation of the development and retained and maintained for the lifetime of the building.
Reason: To optimise renewable energy and its conservation. In accordance with the following policy number(s), SE2 of the Surrey Structure Plan 2004 (as saved by CLG Direction on 21/09/07)and the Supplementary Planning Guidance 'Sustainable Development and Construction' 2005.

11) The care apartments hereby approved shall not be occupied until the Council has implemented the TBHSPA avoidance measures to be funded by the Suitable Alternative Natural Green Space contribution, the payment of which contribution has been secured by the section 106 agreement, which was a condition precedent to the grant of this planning permission.

Reason: Avoidance works associated with development need to be carried out prior to the occupation of the development so that the measures can cater for increased number of residents in accordance with Circular 06/2005 "Biodiversity and Geological Conservation " and the "Habitats Regulations 1994", Managing Natura 2000 sites and policy SE7 of the Surrey Structure Plan (as saved by CLG Direction on 21/09/07) and policy NE1 of the Guildford Borough Local Plan 2003 (as saved by CLG Direction on 24/09/07).

12) No deliveries shall be taken in or dispatched from the site for the duration of the development other than between the hours of 09.15 and 18.00 Monday to Friday and at no time on Saturdays, Sundays, Bank or Public Holidays.

Reason: To safeguard the residential amenities of neighbouring properties and the locality. In accordance with the following policy numbers G1(3) of the Guildford Borough Local Plan 2003 (as saved by CLG Direction on 24/09/07).

13) During demolition or construction phases, adequate control precautions should be taken in order to control the spread of dust on the site, so as to prevent a nuisance to residents in the locality. This may involve the use of dust screens and importing a water supply to wet areas of the site to inhibit dust.

Reason: To protect the neighbours from noise and disturbance outside the permitted hours during the construction period. In accordance with the following policy number(s), G1(3) of the Guildford Borough Local Plan 2003 (as saved by CLG Direction on 24/09/07).

14) Due to the proximity of residential accommodation any works of demolition and construction including any piling work required should be conducted in accordance with BS 5228 (parts 1 & 4) for noise control. Only silenced piling equipment should be used so as to minimise noise disturbance.

Reason: To protect the neighbours from noise and disturbance outside the permitted hours during the construction period. In accordance with the following policy number(s), G1(3) of the Guildford Borough Local Plan 2003 (as saved by CLG Direction on 24/09/07).

15) All plant, machinery and equipment is installed or operated in connection with the carrying out of this permission shall be so enclosed and/or attenuated such that the noise emitted does not increase the ambient equivalent continuous noise level as measured according to British Standard BS4142 at any nearby residential property or noise sensitive premises. This must also include a correction factor of 5 dB(A) for any particular tonal quality.

Reason: To safeguard the residential amenities of neighbouring properties and the locality. In accordance with the following policy number(s), G1(3) of the Guildford Borough Local Plan 2003 (as saved by CLG Direction on 24/09/07).

16) Before any works of demolition or other preparation for development are commenced, the following shall be submitted to the Local Planning Authority:
The results of a detailed Phase One survey, including historic investigation and ground conditions to ascertain whether the site supports any soil or water contamination;
The results of a detailed site investigation, which must be carried out by a suitably qualified and accredited consultant/contractor in accordance with a Quality Assured sampling and analysis methodology. This must include relevant sub-surface, soil gas and groundwater sampling. All investigative works and sampling on site, together with the results of analysis and a risk assessment to any receptors will be detailed.
Where any remediation scheme is required, details shall be supplied to remediate the site to a standard suitable for use, including works to address any unsuspected contamination.
Reason: To ensure any contamination of the site is remediated and to protect existing/proposed occupants of the application site and/or adjacent land. In accordance with Policy G1(11) of the Guildford Borough Local Plan 2003 (as saved by CLG Direction on 24/09/07).

17) The remediation scheme submitted in accordance with Condition 16 (above) shall be carried out as detailed in the applicants submission. Documentary proof shall be provided to the Local Planning Authority to show that the remediation was completed and that the site is suitable for its proposed use before any person not directly involved in constructing the development occupies the development hereby permitted.
Reason: To ensure any contamination of the site is remediated and to protect existing/proposed occupants of the application site and/or adjacent land. In accordance with Policy G1(11) of the Guildford Borough Local Plan 2003 (as saved by CLG Direction on 24/09/07).

18) Before the development is occupied the proposed vehicular modified access to D4013 Harts Gardens shall be constructed in accordance with the approved plans. The modified vehicular access shall be used and retained exclusively for its designated use.

Reason: In order that the development should not prejudice highway safety nor cause inconvenience to other highway users. In accordance with Policies DN2 and DN3 of the Surrey Structure Plan 2004 (as saved by CLG Direction on 21/09/07).

19) No new development shall be occupied until space has been laid out within the site in accordance with the approved plans for 22 cars and for 7 cycles to park and for vehicles to turn so that they may enter and leave the site in forward gear. The parking/turning area shall be used and retained exclusively for its designated use.

Reason: In order that the development should not prejudice highway safety nor cause inconvenience to other highway users. In accordance with Policies DN2 and DN3 of the Surrey Structure Plan 2004 (as saved by CLG Direction on 21/09/07).

20) The development shall be implemented in strict accordance with the Method of Construction Statement approved on 8/02/08, under planning permission reference 07/P/0621. Only these approved details shall be implemented during the construction period.

Reason: In order that the development should not prejudice highway safety nor cause inconvenience to other highway users. In accordance with Policies DN2 and DN3 of the Surrey Structure Plan 2004 (as saved by CLG Direction on 21/09/07).

21) The measures contained within the submitted travel plan, that accompanied the planning application, shall be implemented for each subsequent occupation of the development, thereafter maintained and developed to the satisfaction of the Local Planning Authority.

Reason: In the interests of reducing reliance on the car and promoting sustainability in accordance with Planning Policy Guidance Note 13 'Transport.'

22) No Development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Investigation which has been submitted by the applicant and approved by the Local Planning Authority.
Reason: To allow adequate archaeological investigation before any archaeological remains are disturbed by the approved development. In accordance with Policy SE5 of the Surrey Structure Plan 2004 (as saved by CLG Direction on 21/09/07).

23) During all stages of demolition and redevelopment, protective tree fencing at least 2.4metres in height shall be erected and maintaned around all the trees to be retained, in accordance with the approved plan C2520/16 received 22/10/08. Working methods within designated root protection areas shall be fully in accordance with approved plan C2520/16.
Reason: In the interests of visual amenity in accordance with policies G5 and NE5 of the Guildford Borough Local Plan 2003 (as saved by CLG Direction on 24/09/07).

24) The 51 bed Care Home element of the scheme shall be used as a care home for the frail elderly/young physically disabled persons and for no other purpose including any other purpose in Use Class C2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (As amended), or in any provision equivalent to that class in any statutory instrument revoking or re-enacting the order.
The 24 Close Care Apartments shall be used for those people 60 years and over who require a degree of care and assistance by carers employed by the Care Home, and for no other purpose including any other purpose in Use Class C3 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (As amended), or in any provision equivalent to that class in any statutory instrument revoking or re-enacting the order.
Reason: To accord with the terms of the application and to enable the Local Planning Authority to retain control over the use of the premises in accordance with policy CF1 of the Guildford Borough Local Plan 2003 (as saved by CLG Direction on 24/09/07).

25) Those windows shown on the approved drawings as having obscured glazing�shall be so fitted and be permanently retained with such for the duration of the development.

Reason: To safeguard the amenities of neighbouring residential properties. In accordance with the following policy number(s),�G1(3) of the Guildford Borough Local Plan 2003 (as saved by CLG Direction on 24/09/07).
.

26) Notwithstanding Condition 12 above, during the demolition and construction period no deliveries shall be taken in or dispatched from the site other than between the hours of 09.15 - 14.45 and 16.00 - 18.00 Monday to Friday and at no time on Saturdays, Sundays, Bank or National Holidays.

Reason: To safeguard the residential amenities of neighbouring properties and the locality. In accordance with the following policy numbers G1(3) of the Guildford Borough Local Plan 2003 (as saved by the CLG Direction on 24/09/07).

27) The development permitted by this planning permission shall not be initiated by the undertaking of a material operation as defined in section 56(4)(a)-(d) of the Town and Country Planning Act 1990 in relation to the development until a planning obligation pursuant to section 106 of the said Act relating to the land has been made and lodged with the Local Planning Authority for:

�26,420 towards SPA Avoidance measures at Riverside Nature Reserve resulting from the 24 Close Care Apartments
8 of the 24 Close Care Apartments to be affordable units
Achieving a BREEAM rating of at least 'Very Good.'
�25,000 towards off-site Environmental Improvements in the locality.
�25,000 towards an Arts Scheme on-site as part of the Council's Percent for Art scheme.
Workable pet covenant enforceable by the accommodation management company against the keeping of dogs.

and the Local Planning Authority has notified the person(s) submitting the same that it is to the Local Planning Authority's approval.

REASON: To ensure the proposed development in accordance with polices G1 and G6 of the Guildford Borough Local Plan 2003 (as saved by CLG Direction on 24 September 2007) and to accord with the Thames Basin Heaths Interim Special Protection Area Avoidance Strategy (September 2006), and the Infrastructure Supplementary Planning Document adopted September 2006.

Policies:

Click here for the Policies

Informative notes:

1) This decision relates expressly to the following drawings: C2520/01, C2520/02, C2520/03, C2520/04, C2520/05, C2520/06, C2520/07, C2520/08, C2520/09, C2520/10, C2520/11, C2520/12, C2520/13, C2520/14, C2520/15, C2520/16, C2520/17, C2520/18, stamped 08/P/1926 and received on 22/10/08.

2) The permission hereby granted shall not be construed as authority to carry out works on the highway. The applicant is advised that a licence must be obtained from the Highway Authority before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway.

3) A pedestrian inter-visibility splay of 2m by 2m shall be provided on each side of the access, the depth measured from the back of the footway and the widths outwards from the edges of the access. No fence, wall or other obstruction to visibility between 0.6m and 2m in height above ground level shall be erected within the area of such splays.

4) The applicant is advised that as part of the detailed design of the highway works required by the above condition(s), the County Highway Authority may require necessary accommodation works to street lights, road signs, road markings, highway drainage, surface covers, street trees, highway verges, highway surfaces, surface edge restraints and any other street furniture/equipment.

5) The applicant is advised to contact the Head of Operational Services at Guildford Borough Council, at an early stage to discuss naming and numbering of the development.

6) The applicant is reminded of the need for the development to comply with the requirements of the Food Safety Act 1990 and is advised to consult with the Chief Environmental Health Officer.

7) The applicant is reminded of the need for the development to comply with the requirements of the Health and Safety at Work Act 1974 and is advised to consult with the Chief Environmental Health Officer.

8) Adequate odour control precautions should be provided in order to control possible odour from cooking. Suitable odour control equipment should be fitted to the ventilation extraction units so as to prevent a nuisance to inhabitants in the locality. Details of all equipment to be submitted to the Planning Authority prior to consent being issued. Charcoal filters should be included and the flue discharge 1 metre above eaves level.

9) The applicant is reminded of the need for the business to register with the Local Authority 28 days prior to opening and is advised to contact the Chief Environmental Health Officer.

10) The applicant is reminded that in respect of the section 106 agreement, the following will be sought; �26,420 towards SPA Avoidance measures at Riverside Nature Reserve resulting from the 24 Close Care Apartments 8 of the 24 Close Care Apartments to be affordable units Achieving a BREEAM rating of at least 'Very Good.' �25,000 towards off-site Environmental Improvements in the locality. �25,000 towards an Arts Scheme on-site as part of the Council's Percent for Art scheme. Workable pet covenant enforceable by the accommodation management company against the keeping of dogs.

11) The applicant is advised that in relation to condition 10 above, such details could include solar thermal panels, photovoltaic cells, small wind turbines or biomass thermal heating. The Council will also encourage the use of appropriate sustainably and locally sourced building materials, water saving devices, permeable surfaces and native tree planting, and the provision of a water butt, as indicated in the Sustainability Checklist.

12) The applicant is advised that no burning of materials should take place on the site during the construction process. Should a bonfire be lit it may be controlled under the Environmental Protection Act 1990 if the local authority considers it to be a statutory nuisance. Further information may be obtained from the Head of Environmental Health and Licensing.

13) The applicant is reminded of the requirements of the approved Method of Construction Statement with regard to construction vehicles only accessing the site from the north (Salt Box Road and Grange Road) and not in any way from the south along Grange Road.

14) The applicant is advised that in relation to condition 12 above, the Council would expect the agents of Carebase to make every effort to ensure that all delivery drivers access the site from the north (Salt Box Road and Grange Road) and not in any way from the south along Grange Road and to agree, in consultation with residents, parking restrictions in Harts Garden to ensure safe passage of delivery vehicles down Harts Garden.

15) The applicant is advised that the Council would encourage the agents of Carebase to give consideration to the following issue as part of the on-going management on the site: Agents of Carebase will provide one hour a week for residents to meet and discuss ongoing problems.

16) The applicant is reminded that contaminated soil that is excavated, recovered or disposed of, is controlled waste. Therefore its handling, transport, treatment and disposal is subject to waste management legislation. Developers shoudl ensure that all contaminated materials are adequately characterised both chemically and physically and that the permitting status of any proposed off-site operations is clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays.

Officer Report:

Click here for the Officer's Report

Appeal Received Date:

This case has no appeals against it

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