THE EASTERN & ORIENTAL, 53 WESTFIELD ROAD, WESTFIELD, WOKING GU22 9NQ
PLANNING STATEMENT
P20-2822 | MARCH 2021
MARCH 2021 | EMO | P20-2822
PLANNING APPLICATION FOR INSTALLATION OF EXTERNAL PLANT; EXTERNAL COLD STORE; CANOPY AND SATELLITE DISH WITH MINOR ALTERATIONS TO REAR ELEVATION.
PLANNING STATEMENT
THE EASTERN AND ORIENTAL, 53 WESTFIELD ROAD, WESTFIELD, WOKING GU22 9NQ
ON BEHALF OF CO-OPERATIVE GROUP FOOD LIMITED
TOWN & COUNTRY PLANNING ACT 1990 (AS AMENDED) PLANNING AND COMPULSORY PURCHASE ACT 2004
Prepared by: Emma Morrison
CONTENTS:
Page No:
1.0 INTRODUCTION ...... 1 2.0 SITE AND SURROUNDING AREA ...... 2 3.0 PLANNING HISTORY ...... 4 4.0 THE PROPOSAL ...... 5 5.0 PLANNING POLICY ...... 6 6.0 PLANNING ASSESSMENT ...... 10 7.0 CONCLUSIONS ...... 13
APPENDICES:
APPENDIX 1: DECISION NOTICE AND OFFICER'S REPORT REF. PLAN/2019/0720
MARCH 2020 | EMO | P20-2822
1.0 INTRODUCTION
1.1 This Planning Statement is submitted in support of an application for the installation of a plant enclosure with external freezer/chiller units to facilitate the occupation of the ground floor retail floorspace (approved through planning application ref. PLAN/2019/0968) of the former Eastern and Oriental restaurant, 53 Westfield Road, Woking by Co-operative Group Food Limited as a new convenience food store.
1.2 This application is made following the approval of planning permission ref. PLAN/2019/0720 for similar development which was approved in September 2019. Following the approval of this application, amendments have been made to the proposed layout of the rear yard area and this application seeks permission for the new layout, however some aspects of the originally approved proposal remain unchanged. Please see section 4 for details.
1.3 This Statement sets out the background to the site and development proposals including the relevant planning history and planning policy framework, together with their physical context, and assesses the proposals in terms of their compliance with policy.
1.4 The Statement should be read in conjunction with the supporting documents to the application, including drawings prepared by RPM, Plant Layout prepared by Orwell Design Associates and Noise Impact Assessment by Noise Solutions Limited.
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2.0 SITE AND SURROUNDING AREA
2.1 The application site comprises an area at the rear of the former Eastern and Oriental restaurant which has recently been granted permission for conversions and extensions to provide a ground floor retail unit (Class E) and 7 no. residential apartments on the upper floors (ref. PLAN/2019/0968).
2.2 The wider site occupies a corner plot, with Westfield Road to the west of the site, and Westfield Common to the south. The site is bounded by the Grade II Listed The Old Cricketers and Cricketers Cottage to the east (in residential use) and the Moorcroft Centre for the Community to the north.
2.3 The site is separated from the properties to the north and east by vegetation and fencing and there is a wooded area to the west of the site, across Westfield Road.
2.4 The approved layout for the new convenience store shows access from Westfield Road and onto Westfield Common to the south. The parking area is at the front of the unit, and the main entrance is on the western elevation.
2.5 The current approved layout (PLAN/2019/0720) for the plant area is shown in the below extract from approved Ground Floor Plan (drg. no. CO1116-P-110A).
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2.6 The layout of the building is such that the service/plant area at the rear of the store is screened from public views.
2.7 The site does not lie within a Conservation Area and is within Flood Zone 1, the area at least risk from flooding.
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3.0 PLANNING HISTORY
3.1 The planning history which is relevant to the site is summarised below.
• PLAN/2019/0720 for the proposed installation of external plant equipment including refrigeration condenser and air conditioning units within timber fenced enclosure together with installation of external cold store, canopy and minor alterations to the building rear elevation. Approved 12 September 2019. A copy of the decision notice and officer's report are included at Appendix 1.
APPENDIX 1 – DECISION NOTICE AND OFFICER'S REPORT REF. PLAN/2019/0720 • Following this application, an application for a non-material amendment to this permission was applied for (ref. AMEND/2021/0003). This was withdrawn after subsequent changes were made which affected the plant enclosure and resulted in a new red-line boundary for the proposal, requiring a new planning application. • PLAN/2019/0968 Change of use of ground floor restaurant (Class A3) to a retail store (Class A1) with extensions and alterations for the creation of 7 no. flats (Class C3) (5x1 bed and 2x2 bed) on upper floors and associated car/cycle parking, refuse storage and landscaping and the demolition of single storey garage. Approved 19 March 2020. • PLAN/2014/0836 Erection of single storey rear infill extension and new external staircase and external alterations. Approved August 2014.
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4.0 THE PROPOSAL
4.1 This application seeks planning permission for the installation of a revised plant enclosure adjacent to the northern boundary of the site, together with an external cold store and canopy; satellite dish; and minor external alterations to the rear elevation.
4.2 The plant enclosure will house the same plant as previously approved, comprising 3 no. air condition units, together with refrigeration pack and gas cooler as specified on the Plant Layout (drg. no. E3271-CR3 Rev 02). No changes are proposed to the type of equipment to be installed.
4.3 The plant will now be arranged towards the northernmost corner of the site, with a timber hit-and-miss fence forming the enclosure to the south of the equipment. Access along the rear of the store will now be provided between the building and the plant enclosure.
4.4 The position of the external cold store and canopy has also been amended from the previous approved layout, with the canopy now proposed across the rear of the store, and the cold store proposed towards the north eastern corner of the building. The new metal back of house door will therefore be relocated to the right of its previously approved position.
4.5 A satellite dish is proposed to be installed on the eastern elevation at a high level in the same position as previously approved.
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5.0 PLANNING POLICY
5.1 The following policy is considered relevant to this application.
National Planning Policy
National Planning Policy Framework 2019 (NPPF)
5.2 The revised National Planning Policy Framework 2019 (NPPF) sets out the Government's policies for the planning system to ensure that the planning system helps to achieve sustainable development.
5.3 The key objective of the NPPF is to achieve sustainable development and paragraph 8 confirms that there are three overarching objectives which need to be pursued, namely economic, social and environmental. The economic role should contribute to sustainable development by building a strong, responsive and competitive economy and ensuring the sufficient amount of and right type of development to support growth.
5.4 Paragraph 11 confirms that a presumption in favour of sustainable development is at the heart of the NPPF and for planning applications this means proposals for development conforming to the Development Plan should be approved without delay.
5.5 Paragraph 38 relates to decision making and confirms that "local planning authorities should approach decisions on proposed development in a positive and creative way" and that:
"Decision-makers at every level should seek to approve applications for sustainable development where possible."
5.6 Paragraph 80 states that "significant weight should be placed on the need to support economic growth and productivity, taking into account local business
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needs and wider opportunities for development."
5.7 Paragraph 92 states that planning decisions should "plan positively for the provision and use of …community facilities (such as local shops…) and other local services to enhance the sustainability of communities and residential environments."
5.8 It further states that decisions should "ensure that established shops, facilities and services are able to develop and modernise and are retained for the benefit of the community."
5.9 Paragraph 180 states that development should "mitigate and reduce to a minimum potential adverse impacts resulting from noise from new development – and avoid noise giving rise to significant adverse impacts on health and the quality of life."
5.10 Chapter 16 of the NPPF sets out the approach to heritage assets and states (at paragraph 189):
"In determining applications, local planning authorities should require an applicant to describe the significance of any heritage assets affected, including any contribution made by their setting. The level of detail should be proportionate to the assets' importance and no more than is sufficient to understand the potential impact of the proposal on their significance."
5.11 Overall, the NPPF confirms that the primary objective of development management is to foster the delivery of sustainable development, not to hinder or prevent it. local authorities should approach development decisions positively – looking for solutions rather than problems so that applications can be approved wherever it is practical to do so. Securing the optimum viable use of the property and achieving public benefits are key material considerations for application proposals.
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Local Planning Policy
5.12 Adopted Local Planning Policy is taken from the Woking Core Strategy (2012) and Development Management Policies Development Plan Document (DPD) (2016).
Woking Core Strategy (2012)
5.13 Policy CS20 relates to heritage and conservation and states that new development must respect and enhance the character and appearance of the area in which it is proposed whilst making the best use of the land available. It further states that there will be a presumption against any development that will be harmful to a listed building.
5.14 Policy CS21 states that new development should be designed to avoid significant harm to the environment and general amenity, resulting from noise, dust, vibrations, light or other releases.
5.15 Policy CS24 requires development proposals to conserve and where possible enhance townscape character and respect the settings of individual buildings in the landscape.
Development Management Policies DPD (2016)
5.16 Policy DM7 relates to noise generating development and requires the following to be considered in the preparation of mitigation schemes which should be submitted in support of any application:
• The location, design, and layout of the proposed development; and • Existing levels of background noise; and • Measures to reduce or contain generated noise; and • Hours of operation and servicing.
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5.17 Policy DM20 relates to heritage assets and sets out criteria which must be demonstrated for proposals affecting the setting of heritage assets. These include that it would not have an adverse impact on views of or from the heritage asset or of the street scene which contributes positively to any asset and its setting.
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6.0 PLANNING ASSESSMENT
6.1 This application proposes the installation of plant, external cold store and canopy in the area to the rear of the former restaurant/public house building at 53 Westfield Road.
6.2 The principle of the installation of this equipment has been established as acceptable through the approval of planning permission ref. PLAN/2019/0720 which approved external plant, cold store and canopy in a different arrangement to that proposed.
6.3 The type of plant and cold store proposed, and the location and specifications of the satellite dish remain unchanged from that previously approved.
6.4 The proposed location for the plant, cold store and canopy is to the rear of the main building in a location which is shielded from public views by the building. This position will allow access along the building elevation for staff in the event of an emergency, something that was made difficult through the previously approved layout.
6.5 The site's proximity to local residents has been taken into account in the design and layout of the plant enclosure and the Noise Impact Assessment has been updated to reflect the new layout and to ensure that the proposed plant does not have an increased, or unacceptable impact on the amenity of residents of the existing dwellings close to the site, or for future residents of the approved first and second floor flats. It also assesses the potential impact on the neighbouring Moorcroft Centre.
6.6 The Noise Impact Assessment, prepared by Noise Solutions Limited provides details of the measured background noise levels at the site, and assesses the noise generated by the proposed plant against this level.
6.7 It is proposed that the refrigeration equipment will operate 24 hours a day and for this reason, the Noise Impact Assessment has covered both daytime and
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night-time impacts.
6.8 The Assessment concludes that the plant can be accommodated without harm to the amenity of neighbouring residents, and that the plant will meet the appropriate recognised standards and guidance.
6.9 The cold store and canopy positions have been swapped to allow access to the new back of house door which is now proposed to the right of the cold store (when viewed from the rear yard). The appearance of the cold store remains unchanged from the previously approved layout and the canopy will extend above the cold store, across the back of house access.
6.10 Given the location of the cold store and canopy, at the rear of the building, they will not have a harmful impact on the appearance of the building. The Delegated Report for the previous permission (ref. PLAN/2019/0720) stated:
"The proposed plant compound would not extend beyond the Westfield Road facing elevation of the building and would not be highly visible from Westfield Common due to the existing built form along the eastern side of the site. The majority of the proposed development would not have any significant adverse impact on the character or appearance of the existing site, the surrounding area or the street scene."
6.11 Given that the revised layout occupies a similar position within the wider site and will not extend beyond the Westfield Road facing elevation, and the built form on the site will not change in a way that will not make the proposals more visible from Westfield Common, the conclusions drawn by the case officer to the previous application remain true for this amended proposal.
6.12 With respect to the Grade II Listed Building which lies adjacent to the site, this proposed layout will not have a greater impact on the significance of the setting of the Listed Building than the previously approved layout where the case officer concluded that "…it is considered that the proposed development would preserve the neighbouring Grade II listed building and its setting…".
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6.13 The significance of this heritage asset, a 16th century building, with 18th century additions, derives from its aesthetic value and architectural detailing. Given the discreet location of the plant enclosure and cold store, they will not be easily visible in views of the Listed Building and any noise associated with the operation of the plant will not impact the significance of this heritage asset.
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7.0 CONCLUSIONS
7.1 This statement has been prepared by Pegasus Group to support an application for the installation of a plant enclosure, external cold store, canopy and satellite dish, together with other minor alterations to the rear elevation of the building to facilitate the new Co-op convenience store at the Eastern and Oriental, 53 Westfield Road, Westfield, Woking.
7.2 This application is an amendment to the previously approved PLAN/2019/0720 and seeks to change only the arrangement of the previously approved equipment.
7.3 It has been demonstrated that the proposals would have no harmful impact on visual amenity, nor would they cause harm to the amenity of residents close to the site in accordance with Policy CS21 of the Core Strategy and Policy DM7 of the Development Management Policies DPD.
7.4 It has also been shown that there will be no increased impact on the significance of the setting of the Grade II Listed Building to the east of the site, and that the proposal is in accordance with Policy DM20 of the Development Management Policies DPD.
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APPENDIX 1
DECISION NOTICE AND OFFICER'S REPORT REF. PLAN/2019/0720
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Mr Gebhard Civic Offices RPM Gloucester Square Woking Second Floor Surrey GU21 6YL 13 Swan Yard Telephone (01483) 755855 Islington Facsimile (01483) 768746 London DX 2931 WOKING N1 1SD Email [email protected] Website www.woking.gov.uk
TOWN AND COUNTRY PLANNING ACT 1990 TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (ENGLAND) ORDER 2015
DECISION NOTICE: GRANT PLANNING PERMISSION (subject to conditions)
This approval relates only to the provisions of the Town and Country Planning Act 1990 and must not be taken to imply or be construed as an approval under the Building Regulations 2000 or for the purpose of any other statutory provision whatsoever.
Woking Borough Council, in pursuance of their powers under the above mentioned Act and Order GRANTS full planning permission for the following development as shown on the drawings submitted and subject to the conditions specified in the Schedule below:-
SCHEDULE
Reference: PLAN/2019/0720 Application Type: Full Planning Application Proposal: Proposed installation of external plant equipment including refrigeration condenser and air conditioning units within timber fenced enclosure together with installation of external coldstore, canopy and minor alterations to the building rear elevation. Location: The Eastern And Oriental, 53 Westfield Road, Westfield, Woking, Surrey, GU22 9NQ,
Conditions (See next page.)
PEFULZ - Approved - FULL - decision Conditions
01. The development for which permission is hereby granted shall be commenced not later than the expiration of three years beginning with the date of this permission.
Reason: To accord with the provisions of Section 91(1) of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).
02. The development hereby permitted shall be carried out in accordance with the approved plans listed in this notice:
Drawing No. P-100, Block Plan and Site Plan, received 18.07.2019 Drawing No. P-110, Rev A, Existing and Proposed Ground Floor Plan, received 18.07.2019 Drawing No. P-210, Rev A, Existing and Proposed Elevation AA, received 18.07.2019 Drawing No. P-215, Rev A, Existing and Proposed Elevation BB, received 18.07.2019
Reason: For the avoidance of doubt and to ensure that the development is completed in accordance with the approved plans.
03. The development hereby approved shall be carried out in accordance with the approved 'Plant Noise Impact Assessment, Project Ref: 85543, dated 24.06.2019' including the implementation of the attenuation measures set out in Section 6 of the submitted Assessment. The units to be installed shall be those specified in Appendix E of the approved Plant Noise Impact Assessment and shall operate during the operating hours specified in Appendix E unless otherwise first agreed in writing by the Local Planning Authority.
Reason: In order to protect the residential amenities of residential receptors from noise and disturbance to comply with Policy CS21 of the Woking Core Strategy (2012) and Policy DM7 of the Development Management Policies DPD (2016).
Informatives
01. The Council confirms that in assessing this planning application it has worked with the applicant in a positive and proactive way, in line with the requirements of the National Planning Policy Framework 2019.
02. The applicant is advised that under the Control of Pollution Act 1974, works which will be audible at the site boundary will be restricted to the following hours:-
8.00 a.m. - 6.00 p.m. Monday to Friday 8.00 a.m. - 1.00 p.m. Saturday and not at all on Sundays and Bank Holidays
03. The provisions of The Party Wall etc. Act 1996 may be applicable and relates to work on an existing wall shared with another property; building on the boundary with a neighbouring property; or excavating near a neighbouring building. An explanatory booklet setting out your obligations can be obtained from the Communities and Local Government website www.communities.gov.uk
04. The applicant is advised that this planning permission does not convey the right to enter onto or build on land not within their ownership.
PEFULZ - Approved - FULL - decision 05. You are advised that Council officers may undertake inspections without prior warning to check compliance with approved plans and to establish that all planning conditions are being complied with in full. Inspections may be undertaken both during and after construction.
Date Decision Notice Issued: 12 September 2019
Thomas James Development Manager
*ATTENTION IS DRAWN TO THE NOTES ATTACHED *
PEFULZ - Approved - FULL - decision NOTES Appeals to the Secretary of State 1. If you are aggrieved by the decision of your local planning authority to refuse permission for the proposed development or to grant it subject to conditions, then you can appeal to the Secretary of State under section 78 of the Town and Country Planning Act 1990. 1. If this is a decision to refuse planning permission for a Householder application, if you want to appeal against your local planning authority’s decision then you must do so within 12 weeks of the date of this notice. 2. If this is a decision to refuse planning permission for a minor commercial application (as defined in the Development Management Procedure Order) if you want to appeal against your local planning authority’s decision then you must do so within 12 weeks of the date of this notice. 3. If this is a decision to refuse express consent for the display of an advertisement, if you want to appeal against your local planning authority’s decision then you must do so within 8 weeks of the date of receipt of this notice. 4. If you want to appeal against your local planning authority’s decision regarding a planning application, then you must do so within 6 months of the date of this notice. 5. If this is a decision on a planning application relating to the same or substantially the same land and development as is already the subject of an enforcement notice [reference], if you want to appeal against your local planning authority’s decision on your application, then you must do so within 28 days of the date of this notice. 6. If an enforcement notice is served relating to the same or substantially the same land and development as in your application and if you want to appeal against your local planning authority’s decision on your application, then you must do so within: 28 days of the date of service of the enforcement notice, or within 6 months [12 weeks in the case of a householder appeal] of the date of this notice, whichever period expires earlier. 7. Appeals can be made online at: https://www.gov.uk/planning-inspectorate. If you are unable to access the online appeal form, please contact the Planning Inspectorate to obtain a paper copy of the appeal form on: 0303 444 5000.
The Secretary of State can allow a longer period for giving notice of an appeal but will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal.
The Secretary of State need not consider an appeal if it seems to the Secretary of State that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order.
PEFULZ - Approved - FULL - decision Civic Offices Gloucester Square Woking Surrey GU21 6YL Telephone (01483) 755855 Facsimile (01483) 768746 DX 2931 WOKING Email [email protected] Website www.woking.gov.uk
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