Western Area Planning Committee Wednesday 6 March 2013
Report of the Head of Planning Services
Western Area Planning Committee Wednesday 6 March 2013 Western Area Planning Committee Wednesday 6 March 2013
APPLICATION PROPOSAL Ref No. 12/03078/FUL Demolition of link-detached single-storey building. Erection of a three-storey linked extension to the side (north) elevation of the main building to create additional office floor space and the erection of a single-storey building to the rear to create decked car parking spaces, with the addition of car parking spaces and landscaping
ADDRESS AXA PPP Healthcare Ltd, International House, Forest Road, Royal Tunbridge Wells, Kent TN2 5FE RECOMMENDATION Approve subject to completion of a legal agreement and the imposition of planning conditions (see section 11 of report for full recommendation) SUMMARY OF REASONS FOR RECOMMENDATION
- The proposal is within the Limits to Built Development, complies with the sequential test and is acceptable in principle. - - The proposal would not cause substantial harm to the Conservation Area and any less than substantial harm is outweighed by public benefits through accommodating the retention and future growth of a major employer. - - The impacts on residential amenity can be satisfactorily controlled through conditions; Renewable energy measures have been satisfactorily incorporated within the proposal. - - The proposals would not have an adverse effect on trees and would enhance biodiversity. REASON FOR REFERRAL TO COMMITTEE The application is major development where officer recommendation is to approve WARD PARISH/TOWN COUNCIL APPLICANT Axa PPP Park N/A Healthcare Ltd AGENT VLH Associates DECISION DUE DATE PUBLICITY EXPIRY DATE OFFICER SITE VISIT DATE 7 February 2013 30 November 2012 30 November 2012 RELEVANT PLANNING HISTORY (including relevant history on adjoining sites) APP NO PROPOSAL DECISION DATE
96/01104/CIRC Consultation for new District Land No 23/01/1997 Registry Offices Objection Raised
TW/12/00246 220 Sovello Solar Panels Approved 05/04/2012
Western Area Planning Committee Wednesday 6 March 2013
MAIN REPORT
1.0 DESCRIPTION OF SITE
1.01 International House is located on Forest Road in Hawkenbury, on the edge of Tunbridge Wells. To the north and west is Camden Park, which is designated Conservation Area and Arcadian Area, and an Area of Landscape Importance. The site itself is not located within the Conservation area. To the south is Teise Close, which is a small residential estate. The site contains a three storey building set around a central courtyard. The building provides 4,900 square metres of office space. There is an existing single storey pavilion to the north west corner, linked to the main building, as well as several single storey outbuildings.
1.02 Car parking is located to the front, south and west side of the building, providing 241 spaces. The building and car park are set within landscaped grounds.
1.03 To the east (front) of the site is an open landscaped area containing part of the parking, which fronts onto Forest Road and the centre of Hawkenbury village, which is designated a Neighbourhood Centre in the Local Plan.
1.04 AXA PPP Healthcare has its head office in Tunbridge Wells, occupying 5 individual buildings, and its international business is based on this site.
2.0 PROPOSAL
2.01 An application has been submitted by AXA PPP Healthcare to demolish the pavilion and erect an extension, connected to the north side of the main building by two glazed links. The building would measure 24m in width by 52m in length to a height similar to the extant buildings.
2.02 The applicants state the extension is needed in order to provide additional floor space to allow the company to terminate occupation of leasehold premises, which only comprises Union House, to be vacated to enable consolidation into a freehold space, and to allow space for business growth over the next 3-5 years. I set out in Paragraph 8.01 a list of the applicants current sites in Tunbridge Wells.
2.02 The extension would be essentially three storeys, with a flat roof, and a plant room on the western end of the flat roof. The rest of the flat roof would be covered with solar panels and a grass roof. The extension would create an additional 2,403 square metres of gross office floor space connected to the main building with glass links, and could accommodate approximately 200 employees.
2.03 As originally submitted a raised single-storey deck was proposed over part of the car park creating 65 spaces, and this, along with some additional parking spaces being created in the existing car park, would have resulted in 83 additional spaces being provided in total.
2.04 The application was referred to the Planning Forum on 19 December 2012 and since then amended drawings, a revised landscape strategy arboricultural assessment, and additional transport statement have been submitted. Western Area Planning Committee Wednesday 6 March 2013
These include various amendments including the relocation of the parking deck and ramp, and the provision of additional parking to the north side and east side (front) of the building. As a result, a total of 131 new parking spaces are now proposed, giving a total of 372 parking spaces. The ramp to the parking deck has been relocated from the south west corner of the parking deck to the south side, and the ramp has also been moved away from trees on the west boundary. A safety hand rail has been removed from the roof of the extension and the west elevation shows of the glazed link and extension indicates that windows will be obscure glazed.
2.05 A copy of the Minutes from the Planning Forum are attached as Appendix A.
3.0 SUMMARY INFORMATION
Existing Proposed Change (+/-) Site Area 4900sqm 4900sqm nil Land use(s) including floor area(s) 4900sqm 7303sqm +2403sqm Number of jobs 550 750 200 Car parking spaces (inc. disabled) 241 372 +131 Disabled car spaces 8 8 nil Service vehicle service spaces 1 1 nil Cycle spaces 13 26 +13 Motor cycle spaces 4 8 +4 No. of storeys 3 3 nil Max height 17.5m 17.5m nil Max height inc. plant 17.5m 17.5m nil Max eaves height 15m 15m nil
4.0 PLANNING CONSTRAINTS
Limits to Built Development INSIDE
Tree Preservation Order
Tunbridge Wells Conservation Area (Adjacent to) (statutory duty to preserve or enhance the significance of heritage assets under the Planning (Listed Buildings & Conservation Areas) Act 1990)
5.0 POLICY AND OTHER CONSIDERATIONS
5.01 National Policies
- National Planning Policy Framework, March 2012 (NPPF).
5.02 South East Plan 2009
- Policy SP2 - Sub regions in the South East. - Policy SP3 - Urban focus and urban renaissance. - Policy CC1 – Sustainable development. Western Area Planning Committee Wednesday 6 March 2013
- Policy CC2 – Climate change. - Policy CC4 – Sustainable design and construction. - Policy CC6 – Sustainable communities and the character of the environment. - Policy CC7 – Infrastructure and implementation. - Policy RE3 – Employment and land provision. - Policy T4 – Parking. - Policy NRM5 – Conservation and improvement of biodiversity. - Policy NRM11 – Development design for energy efficiency and renewable energy. - Policy BE6 – Management of the historic environment. - Policy AOSR8 Tonbridge/Tunbridge Wells Hub.
5.03 Tunbridge Wells Borough Core Strategy 2010
- Core Policy 1 – Delivery of development. - Core Policy 3 – Transport infrastructure. - Core Policy 4 – Environment. - Core Policy 5 – Sustainable design and construction. Core Policy 7 – Employment provision. Core Policy 9 – Development in Royal Tunbridge Wells.
5.04 Tunbridge Wells Borough Local Plan 2006
- Policy EN1 – Development control criteria. - Policy EN5 – Development within, or affecting the character of, a Conservation Area. - Policy EN13 – Tree and woodland protection. - Policy EN24 – Arcadian areas. - Policy EN22 – Area of landscape importance. - Policy CR2 – Location of large scale uses outside the defined Primary Shopping Area. - Policy TP1 – Major development requiring Transport Assessments and a Travel Plan. - Policy TP4 – Access to the road network. - Policy TP5 – Vehicle Parking Standards.
6.0 CONSULTATIONS
TWBC Senior Traffic and Parking Engineer
6.01 17/12/12 – Concerns relating to existing overspill parking, however considers a legal agreement should therefore be secured if permission is granted, which would make funds available for the introduction of new or amended parking restrictions, possibly a residents’ parking zone, in Hawkenbury and neighbouring areas. The need for such restrictions would be solely at the discretion of TWBC, but based on survey work and consultation with local residents. Western Area Planning Committee Wednesday 6 March 2013
TWBC Principal Design and Heritage Officer
6.02 17/12/12 - Had some concerns from design point of view relating to the original position of the decked structure upon neighbouring amenities; the design of the cladding to the car deck; and concerns over lighting columns. No objection was raised with respect to the design of the building itself although requested improved landscaping and final detailing of the parapet and handrail. [Officer Notes: Since these comments were made, I have now received revised plans which have resulted in the car park ramp being relocated further into the site and changes to the cladding and lighting have been proposed. I hope to update Members at planning committee should I receive further comments however I have verbally spoken to the officer who has informed that all previous concerns have been addressed subject to the conditions as set out].
Kent County Council Highways and Transportation
6.03 15/02/13 – Further comments in relation to amended plans: This revision now proposes 131 additional parking spaces and in policy terms with respect to sustainability, this overprovision encourages car use and accordingly the highway authority would recommend refusal. However, it is recognised that this extension to proposed car parking levels has been made in response to local concerns with existing conditions. In these circumstances, additional parking levels of this order of magnitude may be acceptable if supported by a robust and continuing target based Travel Plan aimed to reduce overall parking demand and single occupancy tips to the site so that in time levels of parking at the site may be reduced. A framework travel plan has been submitted but in addition the highway authority would expect the plan to include:
- enhancement of public transport services in discussion with operators together with promotion of services and discounted tickets etc, - a rolling programme of on-street parking surveys and rolling targets to reduce traffic and parking demand with penalties linked to potential expansion of on- street parking control measures in the first instance (subject to discussion with TWBC parking manager), - a parking management plan addressing issues of allocation of spaces and management of tandem spaces at the site, - payment of monitoring fee (£5,000).
TWBC Building Control
6.04 17/12/12 - Soakaways are acceptable in principle but infiltration drainage via soakaways is not always possible. Soakaways should be designed in accordance with BS EN752-4 or BRE Digest 365 considering the area to be drained and the permeability of the ground conditions.
TWBC Tree Officer
6.05 18/2/13 – The tree Officer raises no objection to the proposal, considering the lost trees are not particularly important and can be adequately replaced.
Western Area Planning Committee Wednesday 6 March 2013
TWBC Environment and Street Scene - Sustainability Team
6.06 26.11.12 – No objection to the proposal subject to the developer providing the necessary works to upgrade existing pedestrian and cycling routes within the locality.
Southern Water
6.07 29.11.12 – No objection raised
Royal Tunbridge Wells Civic Society
6.08 26.11.12 - Do not object to the form of the extension but in view of the existing demand for parking they are concerned that the proposed car parking is inadequate. Require more parking on or off site and/or a more effective Travel Plan.
Environment Agency
6.09 29.11.12 – No objection but recommend that additional surface water runoff should be dealt with using sustainable drainage techniques.
TWBC Planning Policy Team
6.10 22.11.12 - Strongly support the proposal in principle to build additional office space in Tunbridge Wells, particularly for a large volume of new purpose built floor space for an existing large employer within the Borough. AXA PPP is the second largest employer within the Borough and the largest private sector employer. Broadly agrees with the statement which has been submitted which assesses any sequentially preferable sites, but would have expected to see reference to Vale Avenue area and Calverley House, where there are high levels of vacant floor space. 24 hour working in three shift patterns could cause disturbance for residents in the area, and the decked parking area may cause some landscape, design and parking concerns.
Town and Country Housing Group
6.11 28.11.12 - Owns Nos. 19, 20, 21 and 22 Teise Close which immediately join the east boundary of the AXA site. They consider that provided there is adequate screening the single storey car park deck will not be visible from street level. Lighting on the upper level needs careful consideration. They are concerned about the position of the ramped access to the upper decks as it appears to be very close to their properties and could create noise nuisance. The ramp should be relocated well away from any residential property, i.e. closer to the centre of the site.
TWBC - Environment and Street Scene (Environmental Protection)
6.12 29.11.12 - Recommends conditions dealing with hours of working and screening during demolition and construction, wheel cleaning, noise and vibration of plant, submission of lighting details.
7.0 NEIGHBOUR REPRESENTATIONS
7.01 Representations have been received from about 56 addresses, some of whom have written more than once, as well 3 separate petitions requesting the planning forum. Western Area Planning Committee Wednesday 6 March 2013
The main issues raised by the representations in response to the application as originally submitted are as follows:
. Impact on residential amenity of neighbouring properties because of the proximity and scale of the extension which will cause overshadowing and overlooking
. Car park ramp is too close to neighbouring properties
. Concern at 24 hour operation of the business which will cause more noise and disturbance to residents
. Light pollution from the office windows and the lights in the car park
. Harm to the Conservation Area from the extension due to its scale, bulk and height, which does not respect the spacing and relationship with properties on Camden Park
. Increase in traffic on local roads
. Increase in on street parking by employees cars on local roads
. Harm to vitality and viability of the town centre by having 750 staff on this site which is too far from the town centre. If other town centre AXA sites close and relocate to International House this would be harmful to the town centre.
. Development is too large for Hawkenbury village, inappropriate to have a large commercial development in a residential area
. Main foul sewer from several properties in Camden Park (west of site) runs under the parking deck, and it is not clear whether this has been taken into account.
. Harm to trees and wildlife
. Some say they need to introduce parking permits for local roads, some say that AXA should pay ongoing costs of permits to residents. Others say other options should be explored with regard to parking
7.02 One letter of support has been received.
8.0 APPLICANTS SUPPORTING COMMENTS (summary of key points)
8.01 AXA PPP Healthcare is one of the largest private sector employers in the Borough. Within Tunbridge Wells, AXA currently occupies 6 buildings at the following addresses, all owned by Axa unless stated:
- International House – Forest Road - Union House – The Pantiles (9 year lease remaining – option to break in 2016) - Eynsham House – Crescent Road - Phillips House – Crescent Road - Priplan House – Crescent Road - PPP House, Vale Road Western Area Planning Committee Wednesday 6 March 2013
8.02 International House was acquired in 2011 to help achieve a number of objectives: first, to provide contingency against ageing and inappropriate property holdings; second, to enable accommodation to provide growth and flexibility to all aspects of the healthcare and Group operation; third, to maintain and support the core business and role of the Tunbridge Wells Head Office base; fourth, to develop the global brand of AXA.
8.03 As part of AXA’s business plan and planned growth for the next 4-5 years, an extension to International House of some 2,000 sq m net office floor space is required. This would help achieve the above objectives and more specifically would result in 200 additional jobs at the site, it would consolidate the ‘international’ function of the business in one key location, and it would enable 24 hour working (through 3 shift patterns) to keep pace with the global marketplace. Axa also wishes to consolidate its existing locations by moving staff to its freehold sites and thus giving up Union House, which as stated above remains the only leasehold property Axa occupies in Tunbridge Wells.
8.04 International House is one of the few Grade A office buildings within the Borough. It is freehold, it enhances AXA’s corporate branding, it achieves high energy efficiency as it is naturally ventilated and without air conditioning or other mechanical ventilation, it provides the flexibility of work space, and helps establish the core business role of the Tunbridge Wells area.
9.0 BACKGROUND PAPERS
Letter from agent dated 6 February 2013 Drawings and documents received 6 February 2013: 55180/PL09 Rev A Proposed Site Plan 55180/PL14 Rev B Proposed elevations 55180/PL13 Rev A Roof plan/plant room as proposed 55180/PL15 Rev A Typical Section as proposed 55180/PL16 Rev A Car park deck Figure 12 Rev D Landscape Strategy Plan Arboricultural Assessment Rev B Supplementary Transport Report Site perspectives Drawings and documents received 7 November 2012: 55180/PL01 Site location plan 55180/PL02 Proposed block plan 55180/PL10 Proposed ground floor plan 55180/PL11 Proposed first floor plan 55180/PL12 Proposed second floor plan 55180/PL03 Existing site plan 55180/PL04 Existing ground floor plan 55180/PL05 Existing first floor plan 55180/PL06 Existing second floor plan 55180/PL07 Existing roof plan 55180/PL08 Existing elevations Planning, Design and Access Statement Statement of Need Western Area Planning Committee Wednesday 6 March 2013
Letter from Broadlands dated 25 October 2012 Transport Assessment and Travel Plan October 2012 Utilities Assessment Report Ref 1098/A 9 August 2012 Landscape and Visual Appraisal 18 October 2012 Extended Phase One Report October 2012 Low or Zero Carbon Feasibility Report BBS 5777 Issue 1 November 2012 Flood risk and drainage strategy October 2012 55180/PL17 AXA ownership site map
10.0 APPRAISAL
10.01 The main issues are as follows:
- The principle of the development and the sequential test;
- The impact on the character and appearance of the Conservation Area and the Arcadian Area and views to and from it and visual impact on the surrounding area;
- Design, scale and massing;
- Parking and traffic;
- The impact on the residential amenity of neighbouring properties; anD
- The impact on trees and scope for landscape planting
The Principle of the Development
10.02 The site is within the Limits to Built Development, where new development is normally acceptable in principle, subject to compliance with the relevant policies.
10.03 Office development in out of centre locations can trigger the requirement for the applicants to under a sequential test of suitably and sustainably better locations, such as town centres. However, the NPPF and LP Policy CR2 set different thresholds; the NPPF considering 2,500sqm as the trigger point whereas Policy CR2 considers 200sqm as appropriate.
10.04 Notwithstanding that the proposed extension falls below the NPPF requirement, the applicants have provided a sequential test which has assessed vacant office spaces in the town centre; submitted by the applicants chartered surveyors. The sequential test identified the following:
- Existing Axa buildings at Union House and Phillips House; - Seven other sites in the town centre which are Land Rear of Grove Hill Road; Former Kent and Sussex Hospital; Mount Pleasant House; Lonsdale Gardens; Mount Ephraim Road; Church Road; and Former Cinema Site Mount Pleasant Ro - Sites allocated for employment use in the Local Plan and in the Employment Land Review - Car park sites identified by SHLAA as potential office space
Western Area Planning Committee Wednesday 6 March 2013
10.05 As stated above, Union House is the only leasehold property currently within the applicants’ property portfolio in Tunbridge Wells. The applicants lease two floors of this building though have vacated one floor already. The applicants’ business model is to consolidate onto freehold sites but in any case, they consider Union House is of poor quality and not fit for a modern office. Phillips House has been discounted for operational reasons and other freehold buildings are unable to accommodate the consolidation. The other vacant sites, as listed above, have been discounted either due to their condition and quality; size or impracticalness; the applicants consider the Council’s Employment Land Review identifies that the town has many poor quality and outdated office stock and where higher end stock exists at Kings Hill or London.
10.06 Paragraphs 6 to 22 of the NPPF give a clear steer that national policy is geared towards sustainable economic growth; helping the economy and businesses to grow; and the role it expects local planning authorities to play in achieving this. Indeed Paragraph 19 states that “the Government is committed to ensuring that the planning system does everything it can to support sustainable economic growth. Planning should operate to encourage and not act as an impediment to sustainable growth”
10.07 The Planning Policy Manager has responded broadly accepting the conclusions of the sequential approach test; accepting that the existing Axa-owned sites do not have the capacity to consolidate from Union House, and other vacant sites are not practical to the needs of the applicant, and I concur with her views. I acknowledge that vacating Union House will add further vacant stock of office space within the town centre however the applicants could, and I am satisfied would in any case, vacate this building anyway regardless of this outcome of this application.
10.08 With that in mind, and taking into consideration the objectives of the NPPF, I consider the application site represents the best and most practical office expansion site for the applicants and no objection is raised in this regard.
Conservation Area
10.09 The characteristics of this part of the Conservation Area are the loose-knit pattern of residential development, informal character in a parkland setting, with significant boundary planting, often creating a sense of enclosure. Although the existing building at International House is large and at odds with the residential character, its location within a landscaped parkland area does in my view complement the adjacent Conservation Area.
10.10 The NPPF sets out in Paragraphs 132 to 141 the approach that should be taken to development affecting heritage assets, which includes Conservation Areas. Particular reference is made to Paragraphs 133 and 134, which specifically distinguishes harm from substantial harm. The two distinctions are critical to the consideration of this application.
10.11 Paragraph 133 of the NPPF states that where a proposed development will lead to substantial harm, local planning authorities should refuse consent. In this case, I am not persuaded that the proposal would amount to substantial harm to the conservation area.
Western Area Planning Committee Wednesday 6 March 2013
10.12 Although I accept the proposed extension is large in terms of its scale and size, and ultimately projects closer to the boundary with Conservation Area, I am minded to consider that the scale and height of the building is similar to that of the existing building: and that a sizeable separation distance of approximately 13 metres would be retained between the front corner of the proposed extension and the site boundary, widening to 22 metres at the rear corner; separated also by Camden Park private residential road. The space allows for a considerable landscape planting belt of between 3 metres and 10 metres, which would soften the impact of the proposed extension.
10.13 Despite this, I am persuaded that some harm will be experienced to the setting of the conservation area, although as explained above, the harm is not substantial in my opinion. Paragraph 134 of the NPPF states that where a development will lead to ‘less than substantial harm’, this harm should be weighed against the public benefits from the proposal, including securing [the site’s] optimum viable use.
10.14 As discussed above, the applicant requires additional floor space in order to allow the vacation of Union House to enable consolidation into a freehold space and to allow space for business growth over the next 3-5 years. The applicants state that without consolidation, it may be inevitable that Axa, who are a major employer within the borough, would seek to relocate elsewhere.
10.15 In applying the tests set out in Paragraph 134 of the NPPF, I must also have regard to Paragraphs 6-22 of the NPPF which promote sustainable growth and development. I consider the public benefits arising from the creation of additional high quality office floor space and the accommodation of a considerable extension to the car park, which I discuss further below, outweigh the less than substantial harm arising to the conservation area. The building would sit well within the site and with the addition of landscaping and tree planting, I am persuaded the proposal is an acceptable addition adjacent to the conservation area.
10.16 The proposed extension would be visible from other public viewpoints, including from the Conservation Area to the west, and Forest Road to the east. The extension of the car park to the east and north of the proposal would also be visible, as would the parking deck. However, due to the distance from the boundaries, the intervening landscaping with opportunities for enhancement, it is not considered that there would be a significant detrimental impact on other views from within the Conservation Area. From Forest Road, while the extension would be visible, it would not appear unduly prominent and would complement the appearance of the existing building. While the extended areas of car parking and the deck would reduce the amount of landscaped ground around the building, if appropriately designed and landscaped, the impact on the visual amenity of the site would be acceptable.
Impact Upon the Street Scene
10.17 The proposed extension and link building would appear similar in design, appearance and scale to the existing office block on the site. It would be set well back from Forest Road within a large plot. As such, the proposed extension would not in my opinion appear incongruous or dominant and overbearing; and I consider the extension would complement the existing building and would sit well with the character and setting of the street scene.
Western Area Planning Committee Wednesday 6 March 2013
10.18 The proposed parking deck would be located to the rear of the site and will only minimal views will be experienced when viewed from Forest Road. I am therefore satisfied the proposed parking deck will not have any detrimental impact upon the character and setting of the street scene.
Parking and Traffic
10.19 Data from a travel survey previously carried out by AXA showed that 72% of existing staff are car drivers, and based on information from other AXA premises in the town, number of staff in the building at any one time can be reduced by a factor of 0.65. As a result, the proposed extension would generate a need for 94 parking spaces.
10.20 The proposed development would create an additional 131 parking spaces; in excess of the overall number required. The additional parking is provided in order to relieve some of the current overspill parking which occurs in surrounding residential streets. Whilst it is accepted that the additional parking will not completely alleviate the problems, the proposed provision would not exacerbate the problem, rather it would relieve it. In addition, the implementation of a Travel Plan could be expected to reduce further the number of staff driving a car to work.
10.21 The Highway Authority has not raised any objection to the increased traffic generated by the proposal, and the implementation of a Travel Plan should aim to reduce single occupancy trips so that traffic generation is reduced over time.
Residential Amenity
10.22 To the north, houses are set back from Camden Park, generally behind boundary screening on either side of the road, and the nearest dwelling is at a distance of approximately 35 metres from the extension. It is not considered that at this distance, and taking into account existing landscape planting and the scope for additional planting, an unacceptable loss of privacy could occur. The dwellings face the proposed extension, and at this distance any overbearing effect would not be sufficiently harmful to warrant refusal. The increased level of activity due to the extension to the car park would not cause any significant noise and disturbance at this distance.
10.23 To the west, dwellings are also in excess of 35 metres from the extension. There is also scope here for additional landscaping plant, and most of the existing vegetation can be retained. Windows and the glazed link on the extended part of the building are proposed to be obscure glazed, so that no overlooking can occur. At this distance and with intervening vegetation the extension would not appear overbearing.
10.24 The parking deck would be approximately 6 metres from the boundary with The Firs to the west, and 10 metres from the boundary with properties on Teise Close. At this distance, it is not considered that the structure itself would appear overbearing or cause a loss of privacy to those properties. The ramp would be 12 metres from the boundary of the nearest properties on Teise Close, with a large area of landscape planting between the ramp and the boundary. It is proposed that the deck would be closed outside core hours (0700 to 1830) and therefore there would not be noise and disturbance arising from the use of the car park deck during the evenings and weekends.
Western Area Planning Committee Wednesday 6 March 2013
10.25 Details of the lighting and hours of illumination of the deck can be required by condition, and as it will not be in use there is no reason for the deck to be lit outside core working hours. Overall the location and scale of the deck are considered to be acceptable in terms of the impact on neighbouring properties.
The impact on trees and the landscape planting proposal
10.26 While some of the previously planted trees would need to be removed, there are opportunities for replacement planting in a comprehensive landscape planting scheme, to offset the loss and improve the landscape structure around the site. The Tree Officer considers existing trees are not particularly important and can be adequately replaced. Subject to the imposition of a landscaping and tree planting condition, which I have proposed, no objection is raised in this regard.
Other issues
10.27 The proposal includes renewable energy measures which are considered acceptable, including solar panels and an air source heat pump. An ecological appraisal has been submitted and the site is of little ecological value. Biodiversity enhancements can be achieved through the planting of appropriate plant species.
11.0 RECOMMENDATION
11.01 Having considered the merits of the application against national and local plan policies, I consider the application to be acceptable in all regards for the reasons set out above.
11.02 Therefore recommend that the application is granted planning permission subject to:
A. THE COMPLETION OF A LEGAL AGREEMENT UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 (AS AMENDED) IN A FORM TO BE AGREED BY THE LEGAL SERVICES MANAGER BY 6 MAY 2012 OR SUCH EXTENDED TIME AGREED BY THE HEAD OF PLANNING SERVICES TO SECURE THE FOLLOWING:
- Off site cycle infrastructure improvement of £5,000; - The administration costs of consultation and implementation of a traffic regulation order within Hawkenbury (£10,000); - Travel plan; and - The monitoring of the Travel Plan by Kent Highway Services £5,000
And the imposition of the following planning conditions:
(1) The development hereby permitted shall be begun before the expiration of 3 years f rom the date of this decision.
Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
Western Area Planning Committee Wednesday 6 March 2013
(2) The development hereby permitted shall be carried out in accordance with the following approved plans: (insert plan numbers):
55180/PL09 Rev A Proposed Site Plan 55180/PL14 Rev B Proposed elevations 55180/PL13 Rev A Roof plan/plant room as proposed 55180/PL15 Rev A Typical Section as proposed 55180/PL16 Rev A Car park deck Figure 12 Rev D Landscape Strategy Plan Arboricultural Assessment Rev B 55180/PL01 Site location plan 55180/PL02 Proposed block plan 55180/PL10 Proposed ground floor plan 55180/PL11 Proposed first floor plan 55180/PL12 Proposed second floor plan
Reason: To clarify which plans have been approved.
(3) Written details including source/ manufacturer, and samples of bricks, tiles and cladding materials to be used externally shall be submitted to and approved in writing by the Local Planning Authority before the development is commenced and the development shall be carried out using the approved external materials.
Reason: In the interests of visual amenity in accordance with Policy EN1 of the Local Plan.
(4) The parking deck hereby approved shall not be used for the parking of vehicles or any other purpose between the hours of 18.30 and 07.00 Monday to Friday and shall be closed all day and night on Saturdays, Sundays and Bank Holidays.
Reason: To protect the residential amenity of the locality in accordance with Policy EN1 of the Local Plan.
(5) The approved development shall be carried out in such a manner as to avoid damage to the existing trees, including their root systems, and other planting to be retained by observing the following:
(a) All trees to be preserved shall be marked on site and protected during any operation on site by temporary fencing in accordance with BS 5837:2012, and in accordance with the approved Tree Protection Plan and any approved Arboricultural Method Statement, to be submitted to and approved in writing by the Local Planning Authority. Such tree protection measures shall remain throughout the period of construction
(b) No fires shall be lit within the spread of branches or upwind of the trees and other vegetation;
(c) No materials or equipment shall be stored within the spread of the branches or Root Protection Area of the trees and other vegetation;
Western Area Planning Committee Wednesday 6 March 2013
(d) No roots over 50mm diameter shall be cut, and no buildings, roads or other engineering operations shall be constructed or carried out within the spread of the branches or Root Protection Areas of the trees and other vegetation;
(e) Ground levels within the spread of the branches or Root Protection Areas (whichever the greater) of the trees and other vegetation shall not be raised or lowered in relation to the existing ground level, except as may be otherwise agreed in writing by the Local Planning Authority.
(f) No trenches for underground services shall be commenced within the Root Protection Areas of trees which are identified as being retained in the approved plans, or within 5m of hedgerows shown to be retained without the prior written consent of the Local Planning Authority. Such trenching as might be approved shall be carried out to National Joint Utilities Group recommendations.
Reason: Pursuant to Section 197 of the Town and Country Planning Act 1990 and to protect and enhance the appearance and character of the site and locality in accordance with Policy EN1 of the Local Plan.
(6) No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include [proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc); proposed and existing functional services above and below ground (e.g. drainage power, communications cables, pipelines etc indicating lines, manholes, supports etc); retained historic landscape features and proposals for restoration, where relevant].
Reason: In order to protect and enhance the amenity of the area in accordance with Policy EN1 of the Local Plan.
(7) All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed in writing with the Local Planning Authority; and any trees or plants whether new or retained in perpetuity from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.
Reason: In the interests of the amenity of the area in accordance with Policy EN1 of the Local Plan.
(8) The External lighting scheme for the car park deck shall be fitted with a timer control system to ensure that the lighting system is switched off when the car park deck is closed. The control system shall be operational prior to the first occupation and shall thereafter be retained and maintained for the prescribed use.
Reason: To protect the appearance of the area, the environment and wildlife and local light-sensitive development from light pollution in accordance with Policy EN1, EN15 and EN8 of the Local Plan. Western Area Planning Committee Wednesday 6 March 2013
(9) No external lighting shown on the submitted plans shall be installed until details have been submitted to, and approved in writing by the Local Planning Authority. This submission shall include a layout plan with beam orientation and a schedule of light equipment proposed (luminaire type; mounting height; aiming angles and luminaire profiles). The approved scheme shall be installed, maintained and operated in accordance with the approved details thereafter unless the Local Planning Authority gives its written consent to the variation.
Reason: To protect the appearance of the area/the environment and wildlife/local residents from light pollution in accordance with Policies EN1, EN15 and EN8 of the Local Plan.
(10) No development shall take place until detailed plans and information regarding the following aspects of the proposed development have been submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approvals and thereafter retained and maintained:
a) The detailed design of the trellis and parapet wall to the extension.
Reason: To ensure that the built quality of the development complies with the criteria in the Design and Access Statement and in accordance with Policy EN1 of the Local Plan.
(11) Prior to the commencement of development, details of drainage works, designed in accordance with the principles of sustainable urban drainage, shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out with the approved details and thereafter retained and maintained.
Reason: To avoid pollution of the surrounding area in accordance with Policies EN1and EN16 of the Local Plan.
(12) No construction activities shall take place, other than between 0800 to 1800 hours (Monday to Friday) and 0800 to 1300 hours (Saturday) with no working activities on Sunday or Bank Holiday.
[In addition to these hours of working the Local Planning Authority may approve in writing a schedule of activities where it is necessary for safety reasons to conduct works during a railway possession or road closure, outside the hours specified in this condition].
Reason: To protect the amenity of local residents in accordance with policy EN1 of the Local Plan.
(13) Prior to the commencement of development, details of facilities, by which vehicles will have their wheels, chassis and bodywork effectively cleaned and washed free of mud and similar substances at the application site, shall be submitted to and approved in writing by the Local Planning Authority. The approved facilities shall then be provided prior to the works commencing on site and thereafter shall be maintained in an effective working condition and used before vehicles exit the site and enter onto the adopted highway for the duration of the construction works.
Western Area Planning Committee Wednesday 6 March 2013
Reason: To ensure that no mud or other material is taken from the site onto the neighbouring highway by wheels of vehicles leaving the site to the detriment of highway safety and the amenities of local residents in accordance with policies EN1 and TP4 of the Local Plan.
(14) During the period of demolition and construction, a 2.0 metre high screen shall be placed around the site in accordance with details submitted to and approved in writing by the Local Planning Authority. Such screening shall be erected before demolition/construction commences, shall be retained until completion of the development and removed prior to first occupation.
Reason: In the interests of and for the safety of persons and vehicles on the site and/or adjoining road and to safeguard the amenities of the area having regard to Policy EN1 of the Local Plan.
(15) Prior to the first occupation of the building hereby permitted, a scheme for the control of noise and vibration of any plant (including ventilation, refrigeration, air conditioning and air handling units) to be used in pursuance of this permission shall be submitted to and approved in writing by the Local Planning Authority. This shall then be so installed prior to the first use of the premises. The equipment shall be maintained and operated in compliance to the approved scheme whenever it is operation. After installation of the approved plant, no new plant or ducting system shall be used without the prior written consent of the Local Planning Authority
Reason: To prevent the transmission of noise and vibration into any neighbouring properties to protect amenity in accordance with Policy EN1 of the Local Plan.
(16) The extension shall not be occupied until a detailed Travel Plan and Parking Management Plan have been submitted to and approved in writing by the Local Planning Authority, in consultation with the Local Highway Authority. The agreed measures shall be subsequently implemented upon occupation of the development and thereafter maintained.
Reason: In order to realise a sustainable pattern of development in the area and to comply with the provisions of Policies EN1, TP3 and TP4 of the Local Plan.
(17) The upper floor window openings on the west elevation of the extension and glazed link shall be fitted with obscured glass (privacy level/grade 3 or higher) and shall be non-opening up to a minimum height of 1.7 m above internal floor level. This specification shall be complied with before the development is occupied and thereafter be retained unless otherwise agreed in writing by the Local Planning Authority.
Reason: To safeguard against overlooking and loss of privacy in the interests of amenity of occupiers of neighbouring properties in accordance with Policy EN1 of the Local Plan.
Informatives:
(1) A formal application for connection to the public sewerage system is required in order to service this development, please contact Atkins ltd, Anglo St James House, 39A Southgate Street, Winchester, SO23 9EH.
(2) A Section 106 legal agreement relates to this site. Western Area Planning Committee Wednesday 6 March 2013
B. IF THE APPLICANT FAILS TO ENTER INTO SUCH AGREEMENT BY 6 MAY 2013 THE HEAD OF PLANNING SERVICES SHALL BE AUTHORISED TO REFUSE PERMISSION FOR THE FOLLOWING REASONS (UNLESS A LATER DATE BE AGREED BY THE HEAD OF PLANNING SERVICES:
(1) The proposal would not provide developer contributions towards the cost of administration and implementation of a Traffic Regulation Order, and would therefore conflict with Core Policy 1 of the Core Strategy 2009.
(2) The proposal would not provide a developer contribution towards the cost of cycling infrastructure and would therefore conflict with Core Policy 1 of the Core Strategy 2009.
(3) The proposal would not provide a developer contribution towards the cost of monitoring the Travel Plan and would therefore conflict with Core Policy 1 of the Core Strategy 2009.
Case Officer : Nancy Redgrove/TN1
NB For full details of all papers submitted with this application please refer to the relevant Public Access pages on the council’s website.
The conditions set out in the report may be subject to such reasonable change as is necessary to ensure accuracy and enforceability.