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Details of Planning Application - 07/P/02626

Application Details

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Appeal decided

Application Number:

07/P/02626

Application Type:

Full Application

Date Received:

13/12/2007

Registration Date:

13/12/2007

Press Date:

25/01/2008

Comments welcome by:

15/02/2008

Target Date for Decision:

03/04/2008

Location:

Former T & R Generator Site, 81 Keens Lane, Guildford, GU3 3JS

Ward:

Worplesdon

Parish:

Worplesdon

Class:

Major Dwellings

Proposal:

Erection of 38 dwellings comprising 6x1 bed flats, 7x2 bed flats, 4x2 bed houses, 12 x 3 bed houses and 9x4 bed houses, car parking, play area, landscaping and improved access onto Keens Lane following demolition of all existing buildings.

Case Officer:

Joanna Bell

Case Officer Tel:

01483 444651

Status:

Decided

Agent:

Mr MarcusLambert

PPML Consulting Ltd

Kinetic Centre

Theobald St

Elstree, Herts

WD6 4PJ

Applicant:

Taylor Wimpey - SWT

C/O Agent

Neighbours

Received: 15

and Representatives:

In Favour: 0

Click here for a list of those consulted

Against: 15

Committee Meeting Date:

11/03/2008

Planning Committee Agenda/Minutes

Decision Level:

Planning Commitee

Decision Date:

12/05/2008

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) Before the building operations hereby permitted are commenced, samples and details of the proposed external materials shall be submitted to and approved in writing by the Local Planning Authority and no external materials shall be used other than those approved.

Reason: To ensure that the external appearance of the building is satisfactory. In accordance with the following policy number(s), H4 and G5 of the Guildford Borough Local Plan 2003 (as saved by CLG Direction 24/09/07)

3) Notwithstanding the provisions of the Town and Country Planning, (General Permitted Development) Order 1995 (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 drawing(s).

Reason: To safeguard the residential amenities of neighbouring properties. In accordance with the following policy number(s), H4 and G1(3) of the Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007)

4) The bathroom window in the side elevation of unit 34 of the proposed development shall not at any time be glazed other than with obscured glass.

Reason: To safeguard the residential amenities of neighbouring properties. In accordance with the following policy number(s), H4 and G1(3) of the Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007).

5) Immediately following the implementation of this consent, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order with or without modification) no buildings, extensions or alterations permitted by Classes A, B, C, D and E of Part 1 of the Second Schedule of the 1995 Order shall be carried out.

Reason: To safeguard the character of the premises and the residential and visual amenities of adjoining properties. In accordance with the following policy number(s), G1(3), H4 and G5 of the Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007).

6) Prior to the commencement of development details of the slab levels of the proposed buildings and existing and proposed ground levels shall be submitted to and approved in writing by the Local Planning Authority. 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), H4 and G5 of the Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007).

7) 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 8 am to 1.30 pm Saturdays and at no time on Sundays or 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(s), G1(3) of the Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007).

8) No development shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of landscaping (both hard and soft landscaping), which shall include indications of all existing trees and hedgerows to be retained and details of all new planting including species types and size; the approved landscaping scheme (with the exception of planting, seeding and turfing) shall be implemented prior to the occupation of any of the building(s) hereby approved and retained.

Reason: In the interests of visual amenity. In accordance with the following policy number(s), H4 and G5 of the Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007).

9) All planting, seeding or turfing comprised in the approved details of landscaping 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), H4 and G5 of the Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007).

10) Prior to the commencement of development or demolition, protective tree fencing at least 2.4 metres high shall be erected around all trees to be retained, in accordance with revised Ian Keene Ltd. Tree Protection Plan ref. 6543/01 Revision A (as submitted on application 07/P/01809). The tree protection fencing shall be retained for the duration of the development.

Reason: In the interest of visual amenity and to safeguard the existing which represent an important public visual amenity in the area. In accordance with the following policy number(s), G1 and NE5 of the Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007)

11) All ground works within and within influencing distance of the tree root protection areas, as well as the sequencing of works and site supervision, shall be in accordance with the approved Ian Keene Ltd. Revised Arboricultural Method Statement ref. JTK/6543 Rev A 08.11.07 (as submitted on application 07/P/01809).

Reason: In the interest of visual amenity and to safeguard the existing which represent an important public visual amenity in the area. In accordance with the following policy number(s), G1 and NE5 of the Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007)

12) Notwithdstanding the submitted information, prior to the commencement of the development a detailed Landscaping Plan and Arboricultural Method Statement shall be submitted to and approved in writing by the Local Planning Authority. This documentation should include details of the tree species; planting location; number of replacement trees; place of purchase; company to plant; planting specifications; aftercare and the maintenance schedule for 5 years. Only the approved details shall be implemented.

Reason: In the interests of visual amenity. In accordance with the following policy number(s), H4 and G5 of the Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007).

13) No trees or hedgerows within the boundary 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 or pruned in any manner; nor shall any roots be severed, pruned or removed; 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.

Reason: In the interests of visual amenity. In accordance with the following policy number(s), H4 and G5 of the Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007).

14) The development shall not commence until details of all boundary treatment has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the first occupation of the development or phased as agreed 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), H4 and G5 of the Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007).

15) Before any other operations are commenced the proposed vehicular access to Keens Lane shall be constructed and provided with visibility zones in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority, all to be permanently maintained to a specification to be agreed in writing with the Local Planning Authority and the visibility zones shall be kept permanently clear of any obstruction.

Reason: In order that the development should not prejudice highway safety nor cause inconvenience to other highway users. In accordance with the following policy number(s), G1(2) of the Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007) and policy DN2 of the Surrey Structure Plan 2004 (as saved by CLG Direction 21/09/07).

16) No new development shall be occupied until space has been laid out within the site in accordance with the approved plans for cars and cycles to be parked 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 the following policy number(s), G1(1) of the Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007) and policy DN3 of the Surrey Structure Plan 2004 (as saved by CLG Direction 21/09/07) and the SPD 'Vehicle Parking Standards'.

17) 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. If the LPA consider that further investigation of the site is necessary, a detailed site investigation must be carried out by a suitably qualified and accredited consultant/contractor in accordance with a Quality Assured sampling and analysis methodology and must include relevant sub-surface, soil gas and groundwater sampling together with the results of analysis and a risk assessment to any receptors will be detailed. Details of any remediation scheme required 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 applicant site and/or adjacent land. In accordance with the following policy number(s), G1(3) and G1(11) of the Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007).

18) Any remediation scheme submitted in accordance with Condition 17 (above) shall be carried out as detailed in the applicants submission. Documentary proof shall be provided to the Local Planning Authority together with a quality assurance certificate to show that the works have been carried out in full accordance with the approved remediation strategy. Details of any post remediation sampling and analysis to show the site has reached the required clean-up criteria shall be included in the closure report together with the necessary documentation detailing what waste material has been removed from the site before the development hereby permitted is occupied by any person not directly involved in constructing the development.

Reason: To ensure any contamination of the site is remediated to a 'suitable for use' standard and to protect existing/proposed occupants of applicant site and/or adjacent land. In accordance with the following policy number(s), G1(3) and G1(11) of the Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007).

19) The site shall be assessed for asbestos materials prior to demolition.� Any asbestos materials must be removed and disposed of in accordance with the Asbestos at Work Regulations 2002 and Approved Code of Practice (L27).

Reason: To protect public health. In accordance with the following policy number(s), G1(3) and G1(11) of the Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007).

20) During construction and demolition 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.

Reason: In the interests of residential amenity. In accordance with the following policy number(s), G1(3) of the Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007).

21) A scheme for limiting the noise from any piling operations shall be submitted to the Local Planning Authority and shall be in accordance with BS 5228 (Parts 1 & 5) for noise control.� The scheme shall specify the proposed piling method and the reason for its selection.� This shall take into account the ground conditions of the proposed development site and the proximity of residential properties.� Piling shall not commence until written approval has been obtained from the Local Planning Authority. Please Note: Silent piling is the preferred option and only in extreme cases will noisy methods, such as driven piles, be permitted.

Reason: To protect the amenities of the residents. In accordance with the following policy number(s), G1(3) of the Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007).

22) Adequate control precautions shall be taken in order to control noise emissions from any fixed plant, including generators, on site during demolition / construction activities. This may require the use of quiet plant or ensuring that the plant is sited appropriately and / or adequately attenuated. Exhaust emissions from such plant shall be vented to atmosphere such that fumes do not ingress into any property.

Reason: To protect the amenities of neighbours. In accordance with the following policy number(s), G1(3) of the Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007).

23) 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 September 2007) and the Supplementary Planning Guidance 'Sustainable Development and Construction' 2005.

24) 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 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 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.

25) None of the dwellings approved pursuant to the terms of this planning permission shall be occupied as dwellings 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 and policy NE1 of the Guildford Borough Local Plan 2003.

26) Prior to the commencement of development, details showing the design and position of the storage facility for bins and recycling shall be submitted to, and approved in writing by, the Local Planning Authority. The approved details shall be implemented prior to the first occupation of the dwelling, and shall be permanently retained.

Reason: In the interests of residential and visual amenity, and in order to encourage waste minimisation and recycling of domestic refuse, in the interests of sustainable development. In accordance with the following policy number: SE2 of the Surrey Structure Plan 2004 (as saved by CLG Direction on 21 September 2007) and the Supplementary Planning Guidance 'Sustainable Development and Construction' 2005.

27) No construction or delivery vehicles shall enter or exit the site other than between the hours of 9.30 am and 6 pm Monday to Friday and 8 am to 1.30 pm Saturday and at no time on Sunday or Bank or National holidays.
Reason: In order to ensure that the large construction vehicles cause least disruption to the immediate road network. In accordance with the following policy number(s), G1(2) and G1(3) of the Guildford Borough Local Plan 2003 (as saved by CLG Direction 24/09/07).

Policies:

Click here for the Policies

Informative notes:

1) This decision relates expressly to drawing numbers 5877/WIM.SWT/01, 5877/WIM.SWT/02, 5877/WIM.SWT/03, 5877/WIM.SWT/1-12/E1, 5877/WIM.SWT/1-12/E2, 5877/WIM.SWT/1-12/P1, 5877/WIM.SWT/1-12/P2, 5877/WIM.SWT/13-16/E1, 5877/WIM.SWT/H/P1, 5877/WIM.SWT/17-26/E1, 5877/WIM.SWT/17-26/E2, 5877/WIM.SWT/17-26/E3, 5877/WIM.SWT/D/P1, 5877/WIM.SWT/D+/P1, 5877/WIM.SWT/E/P1, 5877/WIM.SWT/E+/P1, 5877/WIM.SWT/F/P1, 5877/WIM.SWT/J/P1, 5877/WIM.SWT/J-/P1, 5877/WIM.SWT/J+/P1, 5877/WIM.SWT/27-33/E1, 5877/WIM.SWT/27-33/E2, 5877/WIM.SWT/A/P1, 5877/WIM.SWT/AF/P1, 5877/WIM.SWT/B/P1, 5877/WIM.SWT/C/P1, 5877/WIM.SWT/C+/P1, 5877/WIM.SWT/34-36/E1, 5877/WIM.SWT/G/P1, 5877/WIM.SWT/37-38/E1, 5877/WIM.SWT/04, 5877/WIM.SWT/05 and additional information received on 1st December 2007.

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

3) Before the development commences details should be submitted to and approved by the Head of Policy and Design Services, Guildford Borough Council, showing the provision for the disposal of surface water emanating from this development. Provision for the disposal of surface water shall be made at the initial stage of development of the site and shall be completed and be operational prior to any impermeable drained area being created on the site. This is to ensure compliance with the Land Drainage Act 1991.

4) 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.

5) 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.

6) The applicant is advised that bats and their roosts are fully protected under the Wildlife and Countryside Act 1981. The buildings to be demolished may be a potential location for bat roosts and the applicant must establish whether bats are present, and if so advise Natural England, Phoenix House, 33 North Street, Lewes, East Sussex, BN7 2PH.

7) Attention is drawn to the provisions of the Planning Obligation of even date pursuant to Section 106 of the Town and Country Planning Act 1990.

8) 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.

9) The applicant is advised that in relation to condition 14 above, the Council would wish to see a brick wall on the boundary adjacent to 79 Keens Lane and plot 34 and a brick wall on the boundary between the proposed car park and the side boundary of 17 Findley Drive.

10) The applicant is advised that bats and their roosts are fully protected under the Wildlife and Countryside Act 1981. The existing buildings may be a potential location for bat roosts and the applicant must establish whether bats are present, and if so advise Natural England, Sussex and Surrey Team, Phoenix House, 32-33 North Street, Lewes, East Sussex, BN7 2PH.

Officer Report:

Click here for the Officer's Report

Appeal Received Date:

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