15/P/02270 – Land to the rear of 21-27 Yew Tree Drive &

24-28 Willow Way, Guildford

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App No: 15/P/02270 Type: F 8 Wk Deadline: 17/06/2016 Appn Type: Full Application Case Officer: Zac Ellwood Parish: Stoke Ward: Stoke Agent : Ian Hambly

HFP Architects Chandos House Back Street Wendover Bucks HP22 6EB

Applicant: Guildford Borough Council

Location: Land to the rear of 21-27 Yew Tree Drive & 24-28 Willow Way, Guildford

Proposal: Erection of a pair of two storey semi-detached 3 bedroom dwellings together with associated external works including landscaping and parking on site of former garages.

This application has been referred to the Planning Committee because the Council is the applicant.

Site description. The application site is located in the urban area of Guildford and within the Bellfields residential area. The site contains an area of hardstanding and garaging and is bordered to the north, south and east by residential development and to the west by a railway line. The predominant form of residential dwellings in the locality is semi-detached two storey houses.

Proposal. Erection of a pair of two storey semi-detached 3 bedroom dwellings together with associated external works including landscaping and parking on site of former garages.

Relevant planning history. 09/P/01101 Erection of two x two storey houses and external works including landscaping and parking spaces following demolition of existing garages (Amended plans received 11.08.2010) Approved with conditions 24.06.2011

07/P/00449 Erection of three two storey houses and associated external works including landscaping and parking spaces. Withdrwan 18.04.2007

Consultations County Highway Authority: The County Highway Authority has undertaken an assessment in terms of the likely net additional traffic generation, access arrangements and parking provision and are satisfied that the application would not have a material impact on the safety and operation of the adjoining public highway. The County Highway Authority therefore has no highway requirements.

Thames Water: Recommend Conditions

Refuse & Recycling Team: No objection

Head of Community Care Services: No objection

Network Rail: The developer/applicant must ensure that their proposal, both during construction and after completion of works on site, does not: • encroach onto Network Rail land• affect the safety, operation or integrity of the company’s railway and its infrastructure• undermine its support zone• damage the company’s infrastructure• place additional load on cuttings• adversely affect any railway land or structure• over-sail or encroach upon the air-space of any Network Rail land

cause to obstruct or interfere with any works or proposed works or Network Raildevelopment both now and in the future

Third party comments: 1 letter of representation has been received raising the following objections and concerns:

the proposals do not take into account the right of way and back entrance to 24 WillowWay [Officer note - this is a civil mater and is not a material planning consideration].

Planning policies. The following policies are relevant to the determination of this application.

National Planning Policy Framework (NPPF) Core planning principles Chapter 6. Delivering a wide choice of high quality homes Chapter 7. Requiring good design

Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007): G1 General Standards of Development G5 Design Code NE1 Potential Special Protection Areas NE4 Species Protection H4 Housing in Urban Areas G6 Planning Benefits

Supplementary planning documents. Thames Basin Heaths Special Protection Area Avoidance Strategy 2009-2016 Sustainable Design and Construction SPD (2011) Residential Design Guide SPG (2004) Planning Contributions SPD (2011) Vehicle Parking Standards SPD (2006) Surrey County Council Vehicular and Cycle Parking Guidance (2012)

Planning considerations. The main planning considerations in this case are:

the principle of development

the impact on the character of the area

the impact on neighbouring amenity

highway/parking considerations

Thames Basin Heath Special Protection Area

legal agreement requirements

sustainability

The principle of development The NPPF was published in March 2012, and came into force with immediate effect. At its heart is a presumption in favour of sustainable development. It states that the development plan is the starting point for consideration of planning applications, and planning applications must be determined in accordance with it, unless material considerations indicate otherwise. Because the Local Plan was adopted prior to 2004, due weight should immediately be given to policies in the Local Plan according to their degree of consistency with the NPPF.

The Council is presently unable to demonstrate a 5-year supply of housing and the presumption in favour of sustainable development is engaged. The proposals would create a net increase of two dwellings towards meeting our identified housing needs and this weights in favour of granting planning permission in this instance.

Saved Local Plan policy H4 'Housing in urban areas' is relevant in the determination of this proposal, stating planning permission will be granted for residential development in the urban areas of Guildford and Ash and Tongham provided that the development:

is in scale and character with the area;

has no unacceptable effect on the amenities enjoyed by the occupants of buildings interms of privacy and access to sunlight and daylight; and

has no unacceptable effect on the existing context and character of the adjacent buildingsand immediate surroundings.

This saved local plan policy is consistent with the NPPF and duly has full weight in the assessment and determination of this proposal. In addition to this saved policy, policies G1, G5, G6, NE1, and NE4 are also relevant and applicable and the proposal is assessed against these below.

Furthermore, it is of some relvance to note that the principle of two new dwellings on the site has been accepted under planning permission reference 09/P/01101 - albeit that the previous decision was made before the introduction of the NPPF in 2012. This current application is the same as the previous planning application 09/P/1101 in terms of plan form and massing with only relatively minor amendments having been made to the external facade treatment and internal layouts of the dwellings.

The impact of the development on the character of the area and site The site currently contains an area of hardstanding that was formerly used as a parking/turning area with garaging. The garaging has since gone and the site, which is derelict and untidy in appearance, is surrounded on 3 sides by residential development. The other side (west) runs the railway line. The proposed 2 houses would not adversely affect the character of the site area but would instead improve the appearance of the local area.

The 2 houses would be located closer to the western side boundary (railway line) than the eastern boundary but centrally between the north and south boundaries. The gap to the side boundary with the railway line would be just under 2 metres and the distance to the eastern boundary would be between 10.5 and 15.5 metres away. Sufficient distances would exist between the front and rear fenced boundary of the site to avoid the 2 dwellings appearing cramped within the site. The resultant development, with sufficient garden/amenity areas for the size of dwellings proposed, would not be represent an overdevelopment of the plot.

With conditions requiring the approval of external materials, the proposal would not be out of scale or character with the local area.

The impact on neighbouring amenity There are two areas to assess - existing properties to the north and to the south:

1. To the north - The distance between the rear wall of the new dwellings and the rear wall ofthe existing dwellings to the north would range between 22 metres at its closest point to 30m at its furthest point. This distance together with the angled orientation avoiding direct overlooking, is sufficient to prevent undue overlooking and loss of privacy from occurring.

2. To the south - The closest property in this direction (28 Willow Way) would be 28m fromthe front wall of the proposed development.

Subject to appropriate and reasonable conditions being imposed, this development will not adversely affect the residential amenity of the surrounding area.

Highway/parking considerations The site was formerly occupied by a number of garages which have long since gone. The site is not used as a parking area as local residents park their vehicles in front of their houses either off-street or on-street.

The proposed development allocates 2 spaces per unit and this accords with the adopted parking standards for 3 bedroom dwellings.

The refuse collection point will be located at the entrance to the cul-de-sac to avoid refuse freighters having to enter the site.

No objection is raised in this context.

Impact on the Thames Basin Heath Special Protection Area Two new three bed dwellings are proposed. The Council's adopted Thames Basin Heaths SPA (TBHSPA) Avoidance Strategy requires a Suitable Alternative Natural Green Space (SANG) contribution of £9216.16 and an Access Management contribution of £1784.54 to avoid any adverse impact on the SPA. The SANG avoidance site will be determined at the time of, or following payment of contribution.

Subject to securing this mitigation there will be no adverse impact on the Thames Basin Heaths SPA.

Legal agreement requirements The three tests set out in Regulation 122(2) and 123 of The Community Infrastructure Levy Regulations 2010 require S.106 agreements to be:

(a) necessary to make the development acceptable in planning terms; (b) directly related to the development; and (c) fairly and reasonably related in scale and kind to the development.

As well as the legal tests, paragraph 203 of the NPPF states that local planning authorities should consider whether otherwise unacceptable development could be made acceptable through the use of conditions or planning obligations and planning obligations should only be used where it is not possible to address unacceptable impacts through a planning condition. Furthermore, paragraph 204 of the NPPF has the same tests as mentioned above.

Regulation 123 of The Community Infrastructure Levy Regulations 2010, as amended, states that a planning obligation may not constitute a reason for granting planning permission where the obligation provides for the funding or provision of an infrastructure project or type of infrastructure and five or more separate planning obligations for the funding or provision of that project or type of infrastructure have been entered into.

The development is required to mitigate its impact on the TBHSPA; this will be through a financial contribution to SANGS and SAMM in accordance with the TBHSPA Avoidance Strategy and the Planning Contributions SPD. Without this contribution the development would be unacceptable in planning terms and would fail to meet the requirements of the Habitat Regulations. The contribution is necessary, directly related to the development and reasonable and therefore meets the requirements of Regulation 122.

While Regulation 123 of the CIL Regulations seeks to prevent the pooling of financial contribution from planning obligations this relates only to an obligation which “provides for the funding or provision of relevant infrastructure”. In this instance the contributions are required to improve existing SANGs and ensure they are maintained in perpetuity; the SANGS are existing infrastructure which is to be improved to ensure that they have suitable capacity to mitigate the impact of the residential development. Accordingly the contributions are not for the provision of infrastructure and therefore Regulation 123 does not prevent collecting these contributions or having regard to the obligation in decision making. The SAMM contribution does not relate to infrastructure and this also falls outside the scope of Regulation 123.

Sustainability A condition is recommended to ensure that 10% on site renewable energy is provided on site. The proposed development would therefore comply with the Council's SPD on Sustainable Design and Construction 2011. It should be noted that the Code for Sustainable Homes has been withdrawn, and as such no condition is recommended to ensure the proposed dwellings meet this code.

Conclusion There is no in-principle objection to the erection of two dwellings on this sustainable site within the Urban Area and the scheme would make a meaningful contribution towards meeting the Council's identified housing needs at a time when the Council is unable to demonstrate a 5-year housing land supply. This is afforded significant weight in favour of granting permission. The proposals are generally in character with the established pattern of development within the immediate surroundings and would not have an adverse impact on highway safety, capacity or policy or on the amenities of neighbouring residents. The proposal is therefore recommended for approval.

RECOMMENDATION:

That a Legal Agreement (Statement of Intent) is entered into to secure:

a SANG contribution of £9216.16 and

an Access Management and Monitoring Contribution of £1784.54

(ii) That upon completion of (i) above, the application be determined by the Director of Development. The preliminary view is that the application should be granted subject to conditions.

Approve subject to the following condition(s) and reason(s) :-

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 of the Town and Country Planning Act 1990 as amended by Section 51(1) of the Planning and Compulsory Purchase Act 2004.

2. The development hereby permitted shall be carried out in accordance with the following approved plans: PD201, PD202 Rev A and PD203 Rev A received on 04/12/2015.

Reason: To ensure that the development is carried out in accordance with the approved plans and in the interests of proper planning.

3. No development shall take place until details and samples of the proposed external facing and roofing materials including colour and finish have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details and samples.

Reason: To ensure that the external appearance of the building is satisfactory. This is required to be a pre-commencement condition as the external materials used could have a significant impact on the external appearance of the building and needs to be agreed at an early stage

4. 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 0800 and 1800 Mondays to Fridays and between 0800 am and 13.30 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.

5. No development shall take place until details of (i) the predicted energy use of the development; and (ii) the type(s) of low or zero carbon technologies to be used, have been submitted to, and approved in writing by, the local planning authority. These details will demonstrate how the development will achieve at least a 10% reduction in carbon emissions. 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. This is required to be a pre-commencement condition as the type of low or zero carbon technologies could have a significant impact on the design and appearance of the dwelling and therefore, this issue needs to be agreed at an early stage.

6. If during development any suspect contamination, buried structures or material not previously identified, is found to be present on the site then no further development (unless otherwise agreed in writing with the Local Planning

Authority) shall be carried out until the developer has submitted (and obtained written approval from the Local Planning Authority) a written remediation scheme. This scheme shall detail the nature and extent of unsuspected contamination and how it shall be dealt with.

Reason: To ensure any contamination of the site is remediated and to protect existing/proposed occupants of the application site and/or adjacent land.

7. No development shall take place until full details, of both hard and soft landscape proposals, including a schedule of landscape maintenance for a minimum period of 10 years, have been submitted to and approved in writing by the local planning authority. The approved landscape scheme (with the exception of planting, seeding and turfing) shall be implemented prior to the occupation of the development hereby approved and retained.

Reason: To ensure the provision, establishment and maintenance of an appropriate landscape scheme in the interests of the visual amenities of the locality. This is required to be a pre-commencement condition as the landscaping could have a significant impact on the visual amenities of the area and needs to be agreed at an early stage.

8. All planting, seeding or turfing approved shall be carried out in the first planting and seeding season following the occupation of the development or the completion of the development, whichever is the sooner. Any trees or plants which, within a period of five years after planting, are removed, die or become seriously damaged or diseased in the opinion of the local planning authority, shall be replaced in the next available planting sooner with others of similar size, species and number, unless otherwise agreed in writing by the local planning authority.

Reason: To ensure the provision, establishment and maintenance of an appropriate landscape scheme in the interests of the visual amenities of the locality.

Informatives: 1. In accordance with paragraphs 186 and 187 of the National Planning Policy

Framework, Guildford Borough Council takes a positive and proactive approach to development proposals focused on looking for solutions. We work with applicants in a positive and proactive manner by:

offering a pre-application advice service

updating applicants/agents of any issues that may arise in the processing oftheir application and where possible suggesting solutions

In this instance the applicant has submitted a scheme that has already been agreed in principle under planning permission reference 09/P/01101. The amendments to the external facade and internal layouts are considered acceptable. No changes were sought throughout the application process.

2. If you need any advice regarding Building Regulations please do not hesitate to contact Guildford Borough Council Building Control on 01483 444545 or buildingcontrol@guildford.gov.uk

3. The applicant is requested to contact Network Rail at least six weeks prior to the start of development. In addition, Network Rail would like to draw the applicant's attention to the following:

Any demolition or refurbishment works must not be carried out on thedevelopment site that may endanger the safe operation of the railway, or thestability of the adjoining Network Rail structures.

Any scaffold which is to be constructed within 10 metres of the railwayboundary fence must be erected in such a manner that at no time will anypoles over-sail the railway and protective netting around such scaffold must beinstalled.

This development will create a trespass and vandalism risk on the railway. In the interests of promoting public safety, before any part of the development is occupied, a 1.8 metre high trespass resistant fence should be erected. The new fencing provided must be independent of existing Network Rail fencing and a sufficient distance should be allowed between fences to allow for future maintenance and renewal.

4. Legal changes under The Water Industry (Scheme for the Adoption of private sewers) Regulations 2011 mean that the sections of pipes you share with your neighbours, or are situated outside of your property boundary which connect to a public sewer are likely to have transferred to Thames Water's ownership. Should your proposed building work fall within 3 metres of these pipes we recommend you contact Thames Water to discuss their status in more detail and to determine if a building over / near to agreement is required. You can contact Thames Water on 0800 009 3921 or for more information please visit our website at www.thameswater.co.uk

5. With regard to surface water drainage it is the responsibility of a developer to make proper provision for drainage to ground, water courses or a suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary.Connections are not permitted for the removal of groundwater. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. They can be contacted on 0800 009 3921. Reason - to ensure that the surface water discharge from the site shall not be detrimental to the existing sewerage system.