A2 WA/2017/0167Mr & Mrs A & C Joyce

01/02/2017

Committee:Meeting Date:

Erection of a dwelling with new access, parking and amenity space (as amended by plans received 22/06/17) at 73 Shortheath Road, Farnham GU9 8SF

Western Area02/08/2017

Public Notice: Was Public Notice required and posted: N/AGrid Reference: E: 483230 N: 144725

Town: FarnhamWard: Farnham Shortheath and BoundstoneCase Officer: Ruth DoveyExpiry Date: Time Extended Date:

28/03/201704/08/2017

Neighbour Notification Expiry Date: 03/03/2017Neighbour Notification Additional Expiry Date: 13/07/2017

RECOMMENDATION That, subject to conditions, permission be GRANTED.

Introduction

The application has been brought before the Area Committee at the request of the Local Member.

Location or Layout Plan

Aerial Photograph

Site Description

The site is situated on the south side of Shortheath Road and comprises part of the garden area to no. 73 Shortheath Road. No. 73 is a modest sized two storey semi-detached dwelling with a large garden that wraps around the side and rear of the property. The application site measures 0.05 hectares. There is a vehicular track running down the western side of the site which provides access to nos. 77 and 75 Shortheath Road behind.

The site is located in a residential area where there is a mix of property types; some properties are traditional in appearance whilst others were clearly constructed in the latter half of the twentieth century. There is also a variation in the building line along this part of the road. Those to the west of the application site have long front gardens with the properties set back 27m from the road. Those to the east are much closer to the Shortheath Road frontage. The application site forms a transition point between this marked change in the building line.

Proposal

The proposal is for a three bedroom detached dwelling located to the side of no. 73 Shortheath Road.

The dwelling would be 4.8m in height to the eaves and 8.2m in height to the ridge. It would be 6.4m wide and 14.5m deep. The dwelling would be set back from the frontage of Shortheath Road to enable the provision of off-street car parking in association with the development. It would be constructed of red brick with a slate roof.

To enable the provision of off-street car parking, a new vehicular cross over is proposed where currently there isn’t one. This would be a shared crossover to serve the proposed and existing dwelling at no. 73. An off-street car parking space for no.73 is also provided immediately in front of it. In order to provide a space of adequate size, the very front part of the existing single storey extension at this property would be removed. Three parking spaces would be provided in front and to the side of the proposed dwelling.

The proposal has been amended since the original submission to reduce the depth and height of the building, make changes to the design and to include the provision of a full car parking space at no. 73.

It is noted that the elevations mislabel the east and west elevations. However, it is clear from the block plans and site visit what is proposed.

Proposed Block Plan and Ground Floor Plan

Proposed Front Elevation

Proposed Rear Elevation

Proposed South Western Elevation

Proposed North Eastern Elevation

Proposed Street Scene Elevations

Proposed Floor Plans

Relevant Planning History

There is no planning history to the site that is relevant to this planning application.

Planning Policy Constraints

Developed area of FarnhamThames Basin Heath 5km Buffer ZoneWealden Heaths I SPA 5km Buffer Zone

Development Plan Policies and Proposals

Saved Policies D1, D2, D3, D4, D5, D8, D9, H10, M1, M2, M4, M5 and M14 of the Waverley Borough Local Plan 2002.

Draft Local Plan Part 1 Strategic Policies and Sites 2016 Policies: SP1, SP2, ALH1, ST1, NE1, NE3 and AHN3.

Farnham Neighbourhood Plan 2016 (as modified) policies: FNP1, FNP12, FNP13, FNP15, FNP30 and FNP31.

Saved Policy NRM6 of the South East Plan 2009.

The South East Plan 2009 was the Regional Spatial Strategy (RSS) for the South East region, the Plan was revoked on March 2013 except for Policy NRM6: Thames Basin Heaths Special Protection Area. This Policy remains in force.

Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires all applications for planning permission to be determined in accordance with the Development Plan, unless material considerations indicate otherwise. The adopted Local Plan (2002) and the South East Plan 2009 (solely in relation to policy NRM6) therefore remain the starting point for the assessment of this proposal. The National Planning Policy Framework (NPPF) is a material consideration in the determination of this case. In line with paragraph 215 due weight may only be given to relevant policies in existing plans according to their degree of consistency with the NPPF. The report will identify the appropriate weight to be given to the Waverley Borough Local Plan 2002. The Council is currently in the process of replacing the adopted 2002 Local Plan with a new two part document. On the 21st December 2016 the Council submitted the draft Local Plan Part 1: Strategic Policies and Sites, for Examination. The Examination Hearings took place between 27th June and 6th July 2017. The Inspector has indicated that modifications will need to be made to the Plan and invited the Council to submit a list of these proposed modifications. These modifications will be subject to public consultation. All

representations on the proposed modifications will be taken into account by the Inspector before he issues his written report. It is considered that substantial weight can now be given to the policies where no modifications are proposed and significant weight can be given to those policies where modifications are proposed.

The Farnham Neighbourhood Plan 2013-2031 was submitted to Waverley in July 2016. A referendum was held in May 2017 and the majority who voted were in favour of the draft plan. As such, Waverley Borough Council must ‘make’ (adopt) the plan within 8 weeks of the referendum (29/06/2017) unless there are unresolved legal challenges. A judicial review challenge has been dismissed. Following publication of Neighbourhood Planning Reforms taking effect as of 19/07/2017, the draft Neighbourhood Plan, having passed referendum now forms a part of the Development Plan and is therefore accorded full weight.

Other guidance:

National Planning Policy Framework (2012) National Planning Practice Guidance (2014) West Surrey Strategic Housing Market Assessment (2015) Council’s Parking Guidelines (2013) Residential Extensions SPD (2010) Vehicular and Cycle Parking Guidance (Surrey County Council 2012) Farnham Design Statement (2010)

Consultations and Town Council Comments

County Highway Authority No objection, subject to conditionsTown Council Objects on the basis that the design

is out of character with the neighbourhood and will have a negative impact on the street scene. It is not in keeping with its neighbours and the semi-rural setting.

Environmental Health No objection, subject to conditions

Representations

In accordance with the statutory requirements and the “Reaching Out to the Community – Local Development Framework – Statement of Community Involvement – August 2014” neighbour notification letters were sent on 08/02/17.

Ten letters have been received, including one from the Farnham Society, raising objection to the proposal for the following reasons:

Harmful impact on vehicular and pedestrian safety as there would be limited visibility existing from the drive.

Loss of light Insufficient car parking Design and style out of keeping with surrounding houses Scaffolding during construction may interfere with access provided by

track alongside site Proposal not consistent with green and spacious character of area The building is too long and too tall and appears disproportionately

large Potential impact on bats The windows on the west elevation would result in loss of privacy The dwelling needs to be set further back in the site. The proposal conflicts with Policy D1 and D4 of the Local Plan and the

Farnham Design Statement The proposal constitutes garden grabbing. Trees have been removed from the site to make way for the

development.

A further 3 letters have been received in response to the revised plans raising similar issues to those set out above. In addition, one letter draws similarities between the application scheme and a planning application for no. 31a Shortheath Road for the provision two dwellings following demolition of the existing (WA/2016/1139). This application was refused by the planning committee on the grounds that it would be overdevelopment and would inconvenience highway users.

Officers note that this development was dismissed on appeal but only on the grounds that the legal agreement did not mitigate for the impact on the SPA. The Inspector found this scheme acceptable both in relation to the level of development and impact on highway users.

Submissions in support

In support of the application the applicant has made the following points:

The development would be in keeping with the surrounding pattern of development and adds variety to the street scene.

The overall form and height of the house is similar in scale to its neighbours when viewed in the context of the street scene elevation as a whole.

The design reflects positive local characteristics and distinctiveness by the use of a palette of materials such as the polychromatic brick patter visible at no. 73 and natural slate tiles on no. 73.

The proposal makes good use of the site and retains a good garden size.

Preserving the existing trees at the southeast end of the site crates a buffer zone at the boundary and affords privacy to the neighbours

The proposal provides sufficient car parking.

Determining Issues

Principle of developmentHousing land supplyDevelopment of garden landImpact on visual amenity and treesImpact on residential amenityQuality of accommodation and amenity space provisionCar parking and highwaysBiodiversity and compliance with Habitat Regulations 2010Impact on the SPAsFinancial considerationsAccessibility and Equalities Act 2010, Crime and Disorder and Human Rights ImplicationsEnvironmental Impact Regulations 2011 (as amended)Pre Commencement ConditionsWorking in a positive/proactive manner

Planning Considerations

Principle of development

The site is located within the developed area of Farnham wherein development may be considered acceptable subject to its impact on visual and residential amenities.

Housing land supply

Paragraph 159 of the NPPF states that Local Planning Authorities should have a clear understanding of housing needs in their area, they should, inter alia, prepare a Strategic Housing Market Assessment to assess their full housing needs; and prepare a Strategic Housing Land Availability Assessment to establish realistic assumptions about the availability, suitability

and the likely economic viability of land to meet the identified need for housing over the plan period.

Paragraph 47 of the NPPF states that local planning authorities should use their evidence bases to ensure their Local Plan meets the full needs for market and affordable housing in the Borough, and should identify and update annually a five-year supply of specific and deliverable sites against their housing requirements. Furthermore, a supply of specific, developable sites or broad locations for growth should be identified for years 6-11 and, where possible, 11-15. LPAs should also set their own approach to housing density to reflect local circumstances and to boost significantly the supply of housing.

Paragraph 49 of the NPPF continues that housing applications should be considered in the context of the presumption in favour of sustainable development.

The Council has published and updated its Housing Land Supply position, with a base date of 1 April 2017. This position is set out in the published ‘Waverley Responses to Inspector's Issues and Matters’ document dated 12 May 2017. The document sets out the housing requirement for the next five years based on West Surrey SHMA figures and various components of housing supply that the Council expects to come forward in that period. As it stands, this document demonstrates that the Council is able to meet its identified housing need. Therefore, the Council can demonstrate in excess of the requirements of paragraph 47 of the NPPF. Notwithstanding this point, the provision of 1 dwelling as proposed would make minimal contribution to housing supply.

Development on Garden land

Paragraph 17 of the National Planning Policy Framework 2012 outlines the overarching roles that the planning system ought to play. A set of 12 core planning principles are set out which should underpin both plan-making and decision-taking, which, inter alia, encourage the effective use of land by re-using land that has been previously developed. The Framework defines previously developed land (PDL) as ‘…land which is or was occupied by a permanent structure, including the curtilage of the developed land (although it should not be assumed that the whole of the curtilage should be developed and any associated fixed surface infrastructure.’ However, there are a number of exclusions to this definition, including land in built-up areas such as private residential gardens, parks, recreation grounds and allotments.

Recent High Court judgment in the case Dartford Borough Council v Secretary of State for Communities & Local Government (CO/4129/2015) determined to

what extent private residential gardens constitute previously developed land. The principal issue before the Court was whether the definition of “previously developed land” (commonly known as “brownfield land”) within the NPPF and Planning Policy for Traveller Sites (“PPTS”) excluded all private residential gardens, or just those “in built up areas”. The Court found that only residential gardens within the “built-up area” were exempt from the definition of previously developed land whereas, residential gardens outside “built up areas” were “brownfield”. For the purposes of the current application, as the site lies within the developed area, and having regard to the recent High Court judgment, officers consider the site falls within the definition of previously developed land.

This national policy guidance does not mean that development on garden land within settlements in Waverley is unacceptable in principle. The focus remains on assessing the proposal against the criteria in the relevant development plan policies, as well as other relevant considerations such as the national guidance in other parts of the NPPF. Where a proposed housing development is contrary to development plan policies, the fact that the land is garden land and, therefore, not a priority location for development according to NPPF, may reinforce the case against allowing the scheme,

Impact on visual amenity and trees

The NPPF attaches great importance to the design of the built environment as a key part of sustainable development. Although planning policies and decisions should not attempt to impose architectural styles or particular tastes, they should seek to promote or reinforce local distinctiveness. Policies D1 and D4 of the Local Plan 2002 accord with the NPPF in requiring development to have high quality design and to be well related in size, scale and character to its surroundings.

The proposed development is considered to be appropriate in scale and design to its surroundings. Although of a different form and design to its immediate neighbours, given the eclectic mix of property styles in the locality, officers consider that this would not cause visual harm. The use of various design features, including the feature diamond pattern on the elevations, as seen at no. 73, ensures that the building respects and is sympathetic to its immediate locality.

In terms of scale, the building is considered appropriate to its context. The eaves line of the proposed new dwelling matches that at no. 73. Whilst the ridge is slightly higher, this minimal height difference is acceptable given the gap between the two properties and as the ridge of the two properties run perpendicular to each other.

The building is stepped back 3.6m (excluding bay window) from the front building line of no. 73 Shortheath Road to enable the provision of off-street car parking. This is considered acceptable given that there is no uniform building line along this part of Shortheath Road. The position of the dwelling, set back from the frontage of no. 73 but forward of the frontage of no. 79, constitutes an appropriate stepped transition between these two markedly different building lines.

Overall, the proposal is considered to be an enhancement, in design terms, in comparison to the existing street scene, particularly when viewed on the approach from the west where the view is currently of the blank flank wall of no. 73. Overall the development is considered to accord with Policies D1 and D4 of the Local Plan.

With regards to trees, pre-emptive felling has been undertaken at the site removing a number tree, particularly on the frontage. As the trees were not subject to a Tree Preservation Order or located in a Conservation Area, this work was undertaken without the need for any permission from the local authority.

The remaining trees on the site are located along the southern boundary and the distance of the dwelling from these trees is such that the development is unlikely to have an impact on their health and vigour. The Council’s Arboricultural Officer has raised no objection subject to conditions relating to tree protection measures and the submission and approval of a landscaping scheme.

Impact on residential amenity

The NPPF identifies that within the overarching roles that the planning system ought to play, a set of core land use planning principles should underpin both plan-making and decision making. These 12 principles include that planning should seek to secure a good standard of amenity for all existing and future occupants of land and buildings. These principles are supported by Policies D1 and D4 of the Local Plan and guidance contained within the Council’s SPD for Residential Extensions.

The nearest property to the new dwelling is the host property at no. 73 Shortheath Road which has three windows in its side elevation. Part of the proposed building would run alongside two of these windows at a distance of 4m from them and therefore would have some impact on their outlook. However, one serves a kitchen which is not considered to be a habitable room and the other is a dining room which also has outlook to the rear and other

side elevation. It is noted that the proposed plans show that the wall between the kitchen and dining room would be demolished. However, the proposal is considered acceptable with or without this alteration. Although the two storey element of the proposed dwelling extends beyond the rear dining window by 3.8m, the angle of view would be such that it would not significantly encroach on its outlook. The proposal would be sufficiently separated from the first floor windows in no. 73 to prevent any loss of outlook. Overall, officers do not consider that there would be material harm to the outlook of no. 73.

With regard to the impact on no. 79 Shortheath Road (the nearest property to the west), the nearest corner of the two storey element of the building would be 11m from this property. The distance of the new dwelling from no.79 and the angle of view from the windows of this property towards the development are such that no harmful loss of outlook would result.

Nos. 75 and 77 Shortheath Road are located to the rear of the application site. The substantial distance of the new dwelling from these properties (approximately 35m) ensures that no loss of outlook to these properties would result.

With regard to daylight, the Council’s Residential Extensions SPD states that for two storey development, this should not cross a 45 degree line when taken from the closest edge of the closest window serving a habitable room (extended to a maximum distance of 12m). For single storey development, the measurement is taken from the furthest edge of the closest ground floor window.

The proposed two storey element of the dwelling would not infringe an angle of 45 degrees when measured from the nearest edge of the nearest rear window of no. 73. Whilst the south eastern corner of the single storey projection of the proposal would slightly infringe this 45 degree angle, this corner is almost 12m away from the window edge. Given that the infringement is minimal and that there is another window in this room that faces away from the development, officers are satisfied that there would not be a harmful impact on daylight to this property.

In terms of sunlight, the dwelling would be positioned to the south west of no. 73. This property currently has an open aspect to the south and west. The building would therefore result in some loss of sunlight to this property as the sun moves round to the west in the latter part of the day. However, as the open aspect to the south would be maintained, the levels of sunlight this property receives would still be acceptable.

The new dwelling would be of sufficient distance from nos. 75, 77 and 79 to ensure that no significant loss of daylight would result to these neighbouring properties. As the new dwelling would be positioned northwards of these properties, no loss of sunlight is considered to result to them.

Turning to the matter of privacy, a long window traversing the ground and first floor and a smaller window at first floor level are proposed in the eastern elevation of the dwelling. A dormer window is also proposed in this elevation. All these windows serve circulation space. Although not serving habitable accommodation, officers are of the view that these windows should be obscurely glazed to reduce the perception of overlooking to the main garden area of no. 73. This can be secured via condition.

A number of windows are proposed on the western elevation of the dwelling, facing the front garden of no. 79 Shortheath Road. Two standard size casement windows are proposed at first floor level and these would be obscurely glazed to prevent any overlooking of neighbouring properties and gardens. Although these windows serve two bedrooms, they are both secondary windows to these rooms (the main aspect being to the front and rear) and therefore the quality of accommodation is not compromised. The development also includes an angled projecting window in the centre of the western elevation. This is the only window to bedroom 2. The window pane that faces south west would be obscurely glazed to ensure no overlooking of no. 79. The window pane facing north would be clear as it affords no views into neighbouring properties. This enables the provision of a bedroom with an adequate level of outlook whilst ensuring that no harmful overlooking to neighbours results.

Given the relationship of the development and separation distances to No. 71 Shortheath Road, the development is not considered to have harmful impact on the amenity of this property.

Overall, the proposal is considered to be acceptable in terms of its impact on neighbours in respect of levels of daylight, sunlight, outlook and privacy.

Quality of Accommodation and amenity space provision

The Government’s policy on the setting of technical standards for new dwellings is set out in the Ministerial Statement of 25 March 2015. This statement should be taken into account in applying the NPPF and in particular, the policies on local standards or requirements at paragraphs 95, 174 and 177. New homes need to be high quality, accessible and sustainable. The Building Regulations cover new additional optional standards on water and access. A new national space standard has been introduced to be

assessed through the planning system, and took effect from 1 October 2015. The optional new standards should only be required through new Local Plan policies, if they address a clearly evidenced need and where their impact on viability has been considered. The Council does not have a current Local Plan Policy that allows it to require compliance with these standards. Nevertheless, they provide useful guidance which assists in the assessment of new development.

The guidance states that for a two storey three bedroom (6 person) dwelling, the floor area should be 102 sq m. The floor area of the dwelling is 121.2 sq m and is therefore in excess of this guideline figure. The guidance also suggests that double bedrooms should be at least 11.5 sq m in area. The table below compares the proposed rooms sizes with the guidance.

Bedroom Proposed GuidanceBedroom 1 11.3 11.5Bedroom 2 10.5 11.5Bedroom 3 10.3 11.5

The proposed bedrooms would fall slightly short of the guidelines with a shortfall ranging from between 0.2 sq m to 1.2 sq m. This shortfall is minimal and the quality of accommodation is generally considered to be good with the dwelling overall exceeding the space standards. Therefore, officers are of the view that the quality of accommodation, in terms of floor area, is acceptable in this instance. Furthermore, it is acknowledged that the Council does not have a policy to secure these standards.

The dwelling would have windows to the front, sides and rear and would therefore maintain a good level of light and outlook.

Policy H10 states that residential development should incorporate amenity space adequate to meet the needs of the residents. The rear garden of the property would be 255 sq m in area. This is considered sufficient for a family sized dwelling.

The development comprises a good quality three bedroom dwelling that is of sufficient floor area and provides adequate light and outlook and in this respect, the proposed development is acceptable.

Highway Safety and Car Parking

The NPPF outlines that transport policies have an important role to play in facilitating sustainable development but also in contributing to wider

sustainability and health objectives. In considering developments that generate significant amounts of movements, Local Authorities should seek to ensure they are located where the need to travel will be minimised and the use of sustainable transport modes can be maximised. Plans and decisions should take account of whether improvements can be taken within the transport network that cost-effectively limits the significant impact of the development.

Surrey County Highway Authority has assessed the application on safety, capacity and policy grounds and raises no objection, subject to conditions.

Concerns have been raised from neighbours regarding the safety aspects relating to the provision of a crossover in this location. However, subject to conditions to ensure that the required visibility splays are maintained and that space has been laid out for car parking and turning for the new dwelling to ensure that cars related to the new dwelling can leave the site in a forward gear, the County Highway Authority is satisfied that the development presents no highway safety concerns.

With regard to car parking, the Council’s car parking standards require the provision of 2.5 car parking spaces for dwellings of 3+ bedrooms. Three off-street car parking spaces are provided for the new dwelling in accordance with the standard. There is sufficient garden area associated with the dwelling to enable the provision of a shed for bicycle parking.

The proposal also includes the provision of one car parking space for the existing dwelling at no. 73 including the provision of a dropped kerb. There is currently no car parking provision for no. 73 and there is no dropped kerb. The provision of a dropped kerb and a designated car parking space is therefore considered an improvement to the existing situation and as such, the level of car parking provision is acceptable.

Financial Considerations

Section 70 subsection 2 of the Town and Country Planning Act 1990 (as amended) states that any local financial considerations are a matter to which local planning authorities must have regard to in determining planning applications; as far as they are material for the application.

The weight to be attached to these considerations is a matter for Committee.

Local financial considerations are defined as grants from Government or sums payable to the authority under the Community Infrastructure Levy (CIL). This means that the New Homes Bonus (NHB) is capable of being a material

consideration where relevant. In the current case, the approval of the application would mean that the NHB would be payable for the net increase in dwellings from this development, provided that the overall growth in housing numbers in Waverley exceeds 0.4%. The Head of Finance has calculated the indicative figure of £1,530 per net additional dwelling per annum for four years. A supplement of £350 over a 4 year period is payable for all affordable homes provided for in the proposal.

Impact on the SPAs

The site is located within the 5km of the Thames Basin Heathland Special Protection Area (SPA). The proposal would result in an increase in people (permanently) on the site.

The three tests as set out in Regulation 122(2) require S106 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.

In order for the development to be acceptable in planning terms, to comply with the Conservation of Habitats and Species Regulations 2010 and to avoid a likely significant effect upon the Thames Basin Heaths SPA a S106 agreement is required as part of any subsequent planning approval to secure a financial contribution of £3,939 (£3,032 towards a SANG and £907 towards SAMM), in line with the Waverley Borough Council Thames Basin Heaths Special Protection Area (TBH SPA) Avoidance Strategy (July 2016). This figure is based on the proposal being a 4-bedroom house.

The pooling of contributions towards SANG, which is for the ongoing maintenance and enhancement of the SANG at Farnham Park, rather than the provision of new SANG, is not considered to be infrastructure and does not therefore need to comply with CIL Regulation 123.

A Unilateral Undertaking has been completed to ensure that the effect upon the SPA is mitigated and therefore the proposal would accord with Policy D5 of the Local Plan 2002 and the adopted Avoidance Strategy.

The site also lies within the 5km buffer zone of the Wealden Heaths SPA Buffer Zone. The proposal would result in an increase in people (permanently) on the site. Natural England has been consulted on the proposal and has commented that there is no requirement in this case for the applicant to provide any specific avoidance and mitigation measures in relation to the Wealden Heaths SPA. This is because the Thames Basin Heaths and

Wealden Heaths are at risk from the same impact pathway – recreational pressure – and because the application site falls within the Buffer Zones of both SPAs the proposal would automatically be required to contribute to appropriate strategic avoidance and mitigation measures for the Thames Basin Heaths SPA.

Biodiversity and compliance with Habitat Regulations 2010

The NPPF requires that when determining planning application, local planning authorities should aim to conserve and enhance biodiversity by applying the following principles:

If significant harm resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for then planning permission should be refused.

In addition, Circular 06/2005 states ‘It is essential that the presence or otherwise of protected species and the extent that they may be affected by the proposed development, is established before planning permission is granted.

The application property does not fall within a designated SPA, SAC, SNCI or SSSI. It is not within 200m of ancient woodland or water, and is not an agricultural building or barn. Having regard to this, and the completed biodiversity checklist, it is considered that a biodiversity survey is not required in this instance.

Accessibility and Equalities Act 2010, Crime and Disorder and Human Rights Implications

There are no implications for this application.

Environmental Impact Regulations 2011 (as amended)

The proposal is considered not to be EIA development under either Schedule 1 or 2 of the EIA Impact Regulations 2011 (as amended) or a variation/amendment of a previous EIA development nor taken in conjunction with other development that is likely to have a significant environmental effect.

Pre Commencement Conditions

“Pre commencement condition” means a condition imposed on the grant of permission which must be complied with: before any building/ other operation/ or use of the land comprised in the development is begun.

Article 35 of the DMPO 2015 requires that for any application for planning permission, the Notice must state clearly and precisely the full reasons, in the case of each pre-commencement condition, for the condition being a pre-commencement condition.

Where pre commencement conditions are justified, these are provided with an appropriate reason for the condition.

Development Management Procedure Order 2015 - Working in a positive/proactive manner

In assessing this application, officers have worked with the applicant in a positive and proactive manner consistent with the requirements of paragraphs 186-187 of the NPPF. This included:-

Provided or made available pre application advice to seek to resolve problems before the application was submitted and to foster the delivery of sustainable development.

Have negotiated amendments to the scheme to resolve identified problems with the proposal and to seek to foster sustainable development.

Have proactively communicated with the applicant through the process to advise progress, timescales or recommendation.

Conclusion

The proposal would provide an additional family dwelling in a sustainable location within the developed area of Farnham. The design of the dwelling, its size and scale are considered appropriate within the context of this varied street scene. The position of the dwelling within the site has been carefully considered to enable the provision of off-street parking and provide a stepped transition between the markedly different building lines either side of the site. The development would not have a harmful impact on neighbouring residential amenity and the level of car parking provision is considered acceptable. Officers therefore consider that there are no adverse impacts that outweigh the benefits.

Recommendation

That permission GRANTED subject to the following conditions:

1. ConditionThe plan numbers to which this permission relates are Drawing No.299-001C, 299-002C, 200-003D, 299-004, 299-005C, 299-006299-08A, 299-09A, revised 22/06/17. The development shall be carried out in accordance with the approved plans. No material variation from these plans shall take place unless otherwise first agreed in writing with the Local Planning Authority.

ReasonIn order that the development hereby permitted shall be fully implemented in complete accordance with the approved plans and to accord with Policies D1 and D4 of the Waverley Borough Local Plan 2002.

2. ConditionNo development shall take place until samples of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

ReasonIn the interest of the character and amenity of the area in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002. This is a pre-commencement condition as the matter goes to the heart of the permission.

3. ConditionNotwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any other order revoking or re-enacting that Order with or without modification), no enlargement or alteration to any of the dwelling houses hereby permitted shall be constructed, without the written permission of the Local Planning Authority.

ReasonIn the interests of neighbouring residential amenity, in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002.

4. ConditionPrior to the occupation of the development, a detailed landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall be carried out in

strict accordance with the agreed details and shall be carried out prior to occupation of the development. The landscaping shall be maintained for the satisfaction of the Local Planning Authority for a period of 5 years after planning, such maintenance to include the replacement of any trees and shrubs that die or have otherwise become, in the opinion of the Local Planning Authority, seriously damaged or defective. Such replacements shall be of same species and size as those originally planted.

ReasonIn the interest of the character and amenity of the area in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002

5. ConditionPrior to the occupation of the development, details of all proposed screen walls, or fences, or other means of enclosure, shall be submitted to and approved in writing by the Local Planning Authority. The screen walls, fences or other means of enclosure shall be erected prior to occupation of any part of the approved development, and thereafter be retained unless otherwise agreed in writing by the Local Planning Authority.

ReasonIn the interest of the character and amenity of the area in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002.

6. ConditionPrior to the occupation of the development, details of the hard surfacing to be used within the site shall be submitted to and approved in writing by the Local Planning Authority. The details shall indicate either porous materials or the provision of a direct run-off from the hard surface to a permeable or porous area. All hard surfacing shall be carried out in accordance with the approved details, completed prior to the first occupation of the development hereby permitted and thereafter, permanently retained as such.

ReasonIn the interest of the character and amenity of the area in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002.

7. ConditionNo construction works or deliveries shall be carried out from the site outside the hours of 08:00 - 18:00 hours Monday to Friday, 08:00 -

13:00 on Saturdays and not at any time on Sundays, Bank or Public Holidays.

ReasonIn order to protect the amenities of adjoining properties, in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002.

8. ConditionAll the first floor windows on the south western elevation that are annotated to be obscurely glazed on drawing no. 299-003C and all the windows at first floor level and roof level on the north eastern elevation shall be glazed with obscure glazing to the extent that intervisibility is excluded. The windows shall be retained as such in perpetuity.

ReasonIn the interests of neighbouring residential amenity, in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002.

9. The development hereby approved shall not be first occupied unless and until the proposed modified access to Shortheath Road has been constructed in accordance with the approved plans (Drawing no. 299.001C) and thereafter, visibility splays shall be kept permanently clear of any obstruction measured from 0.6m above the road surface.

ReasonIn order that the development should not prejudice highway safety nor should it inconvenience other highway users, in accordance with Policy M14 of the Waverley Borough Local Plan 2002.

10. The development hereby approved shall not be first occupied unless and until space has been laid out within the site in accordance with the approved plans for cars to be parked and for vehicles to turn so that they may enter and leave the site in a forward gear. Thereafter the parking and turning areas shall be retained and maintained for their designated purpose.

ReasonIn order that the development should not prejudice highway safety nor should it inconvenience other highway users, in accordance with Policy M14 of the Waverley Borough Local Plan 2002.

11. ConditionNo development shall commence until a Construction Transport Management Plan, to include details of:

(a) Parking for vehicles of site personnel, operatives and visitors(b) Loading and unloading of plant and materials(c) Storage of plant and materials(d) Programme of works (including measures for traffic

management)(e) Provision of boundary hoarding behind any visibility zones(f) HGV deliveries and hours of operation

has been submitted to and approved in writing by the Local Planning Authority. Only the approved details shall be implemented during the construction of the development.

ReasonIn order that the development should not prejudice highway safety nor should it inconvenience other highway users, in accordance with Policy M14 of the Waverley Borough Local Plan 2002. This is a pre-commencement condition in order to ensure highway safety during construction.

12. Prior to commencement of any works on site, demolition or other development activities, a scheme of tree protection (in line with BS 5837:2012 Trees in relation to design, demolition and construction - Recommendations) shall be submitted to and agreed by the Local Planning Authority in writing. Where relevant, such scheme shall also take "off site" trees into consideration. The Local Authority Tree and Landscape Officer shall be informed of the proposed commencement date a minimum of two weeks prior to that date to allow inspection of protection measures before commencement. The agreed protection to be kept in position throughout the development period until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without written consent of the Local Planning Authority.

ReasonTo safeguard retained trees in the interests of the visual amenity and character of the area, in accordance with Policies D1, D4 and D7 of the Waverley Borough Local Plan 2002. This is a pre-commencement condition in order to ensure protection of the trees during the course of construction.

Informatives

1. This permission creates one or more new units which will require a correct postal address. Please contact the Street Naming & Numbering Officer at Waverley Borough Council, The Burys, Godalming, Surrey GU7 1HR, telephone 01483 523029 or e-mail waverley.snn@waverley.gov.uk. For further information please see the Guide to Street and Property Naming on Waverley's website.

2. 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 paragraph 186-187 of the National Planning Policy Framework 2012.