Plng App - 2015-1594 - 060715, item 9/15(d) PDF 1 MB

Application No:
2015/1594
Case Officer:
Ward:
Aneta Mantio
24/06/2015
5 Icklingham Road Cobham Surrey KT11 2NG
Detached two storey house with rooms in the roof space, basement and attached
garage following demolition of existing house
Mr A Tokatly
Hyatt Group Ltd
FAO Mr A Tokatly
Churston House
Portsmouth Road
Esher
Surrey
KT10 9AD
Expiry Date:
Location:
Proposal:
Applicant:
Agent:
Decision Level:
Recommendation:
Application Type:
FULL
Cobham
Fairmile
If Permit: Sub Committee
If Refuse: Sub Committee
Permit
Representations: 19 letters of representation have been received; 12 of objection and six of
support, one of which is a letter of rebuttal to the reasons for objections by the applicant’s
agent. The issues raised are summarised as:
Objection
- House too large for site
- Out of keeping with location and rural nature/ character of estate
- Trees will be removed and need to be retained
nd
- 2 floor shows habitable rooms with windows which are restricted in this part of the estate
nd
- Proposed height and windows on 2 floor would impact privacy amenity
- Imposing height
- Over-intensification of use by 500%
- Too close to boundary
- Plot of 0.42 acres is inadequate to support a house of 11,635sqft - 42% larger than No.33
(8,180sqft) and thus not similar
- Trees have been cut down without approval being obtained from Burhill Estates
- Tree 17 (to be retained) will be impacted in its RPA from foundations
- Letters of support are from personal connections of the applicant
- Stated market value in CIL liability calculation seems low given recent comparable final
selling prices
- Where does community infrastructure levy get sent and how can affected residents
monitor how CIL from this property is spent
- Fairmile Estate Residents Association email sent privately and to members, and should
not be publicly available
Support
- Proposal is in line with the area’s overall character
- Proposed size is fully in keeping with other recent schemes in terms of its massing
- Significant distance to neighbouring houses
- No TPO’s on the site nor impact to trees of any importance
- Proposal no difference in size to others recently approved
- Arboricultural report indicates significant boundary screening is to remain to ensure privacy
- The site of No.33 Icklingham is 0.42 acre – No.5 is therefore 30% larger
- Applicant’s proposal is 4-5% smaller on a volume to land ratio than consent given at
No.33.
- Only trees in poor condition/ of low value are to be removed & additional planting is
proposed to improve and increase screening and privacy
- Letters of support are from legitimate residents of the Estate irrespective of their
association
-
Fairmile Residents Association (FERA) email is misleading and obstructive in terms of
seeking to encourage objections
Arboricultural report submitted is by a highly qualified and well regarded Arboriculturalist;
sets out s proficient and impartial assessment
Over 3.1m separation distance to each adjacent side boundary is provided: commensurate
with the estate’s profile and providing greater separation than many others
Similar forward-projecting garage as No.3, and does not extend forward than this front
building line.
One existing crossover will be closed and in-filled with screening
Rear building line is similar to No 7. Adjacent.
Design, size and siting commensurate with adjacent properties and other new dwellings in
the area.
Reference provided to No.33 (Ref. 2012/1170): similar sized property on smaller, narrower
plot
Ridge height will not exceed those already established within the estate.
No overlooking
Dormers at second floor are characteristic of the estate (eg. 3 Icklingham and 14
Summerhays).
List of comparable properties (reference points) provided for comparison purposes.
***This application qualifies for Public Speaking***
Report
Description
1. The application site is located on the north side of Icklingham Road, a private road within the
Burhill Estate sub-area of Cobham (COS04). It is currently occupied by a detached two storey
house and garden, and is enclosed by established hedges and trees. The property sits within
a level site.
2. The estate has a spacious, low-density character with large detached dwellings located on
larger plots within mature landscape surroundings. The area has been subject to
redevelopment projects in recent years, including some replacement dwellings. Dwellings are
set in generous plots, amidst established trees and vegetation. Roads are bounded by wide
grass verges and trees. Along Icklingham Road, houses are generally well spaced.
Constraints
3. There are no relevant local constraints.
Policy
4. In addition to the National Planning Policy Framework and the National Planning Practice
Guidance, the following local policies and guidance are relevant to the determination of this
application:
Core Strategy 2011
CS10 – Cobham, Oxshott, Stoke D’Abernon and Downside
CS13 – Thames Basin Heaths Special Protection Area
CS17 – Local Character, Density & Design
Development Management Plan 2015
DM1 – Presumption in favour of sustainable development
DM2 – Design and Amenity
DM6 – Landscape and trees
DM7 – Access and parking
Design & Character SPD 2012
Companion Guide: Cobham, Oxshott, stoke D’Abernon & Downside
Developer Contributions SPD 2012
5. Relevant Planning History
Reference
1989/1320
1995/0307
Description
Enclosure of existing ground floor link and
st
erection of 1 storey extension
LDC: Whether planning permission is required for
the conversion of the existing garage into living
accommodation.
Decision
Granted and
implemented
Granted but not
implemented.
Proposal
6. Permission is sought for a detached two storey house with rooms in the roof, basement and
attached garage, following demolition of the existing two storey dwelling with attached garage.
7. The dwelling would measure a maximum of 21m deep, 24m wide and around 9.7m high. In
addition, it would incorporate a forward projecting attached garage – this would have a median
width of approximately 7.8m and depth of 30m. The bulk of the dwelling would be positioned
about 14m from the front property boundary and a minimum of 22.7m from the rear.
Consultations
8. Tree Officer – No response at the time of writing. The Members will be advised of the outcome
of the consultation by way of update.
Positive and Proactive Engagement
9. In assessing this application, officers have worked with the applicant in a positive and
proactive manner consistent with the requirements of 186-187 of the NPPF by making
available pre-application advice to seek to resolve problems before the application was
submitted and to foster the delivery of sustainable development.
10. No pre-application advice prior to the submission of the application.
Planning Considerations
11. The main planning considerations in the determination of this application are:
•
•
•
•
•
The design of the proposal and its impact on the character of the area and the street
scene
The impact on the amenity of neighbouring properties
The provision of private rear amenity space
Impact on trees
Financial considerations
The design of the proposal and its impact on the character of the area and the street scene
12. The application site falls with the Burhill Estate (COS04) as identified in the Councils Design
and Character SPD companion guide. The estate is identified as a private estate of large,
mostly two-storey houses set in very large plots.
13. Residents have raised concerns through representations relating to the house being out of
character, too large for the site and representing an over-intensification of use. However, in
relation to the plot width of the proposed house and those of others within the estate it would
be comparable.
14. In addition, given the proposed side boundary setback distances, the proposed dwelling would
not appear cramped within the site and would achieve acceptable separation distances
between the proposed dwelling and the adjoining boundaries to a distance that is reflective of
other properties within the estate. In addition, redevelopment of other plots on a one for one
and two for one basis has previously taken place. The building line to the front will not project
further forward than that of the adjacent dwelling at No.3.
15. In respect of its design, appearance, scale and massing, the proposed development is not
considered out of keeping with other properties, which are predominantly two-storey with
rooms in the roof space. The building would not appear over dominant or incongruous when
compared with No. 4 on the immediate opposite (north-east) side of the road, nor with No’s. 7
and 9 on the same side of the road (to the north-west). The use of a crown roof is similar to
other recently built properties, although it is noted that there is a degree of variation in the
scale and architectural style of properties along Icklingham Road, in that the more recently
constructed properties are noticeably larger than the older dwellings.
16. It is therefore considered that the design and layout, and the degree of separation between of
the proposed house is such that it would not be out of character and appearance with other
properties within the area nor appear out of place in the street scene. The proposal would not
cause material harm to the character and appearance of the area.
The impact on the amenity of neighbouring properties
17. The closest neighbours to the application site are the adjacent dwellings No.3 and 7, located
to the south-east and north-west respectively. In relation to both of these dwellings, the
proposed development would not breach the 45 degree angle taken from any rear facing
habitable room windows. As such, and in conjunction with the side boundary separation
distances proposed, the proposal would not result in any significant adverse impact upon
these neighbours in terms of loss of light or overbearing impact.
18. The proposal includes three side facing (north-west) windows at first floor level, which would
serve non-habitable rooms, with one comprising the secondary bedroom window. Given the
potential for views from these windows towards the private amenity space of No. 7, it is
considered appropriate to impose a condition requiring these windows to be obscure glazed.
The two proposed ‘porthole’ type windows at second floor level would provide views towards
the street and rear garden of the property, and are not considered to result in any adverse
overlooking and loss of privacy.
19. The proposed rear amenity space is considered adequate and commensurate to the size of
the dwelling and complies with the recommended standards set out in the Council’s adopted
Design and Character SPD.
Impact on trees
20. Whilst no tree officer comments have not been received at the time of drafting this report, the
applicant has submitted a full arboricultural report containing a tree survey and arboricultural
impact assessment which also shows root protection areas.
21. The proposals require the removal of trees but include the provision of replacement planting to
ensure that the character of the area is maintained in the long term. It is proposed to retain
all the roadside trees 1-7 to sustain the screening on the site. Front screening is reinforced by
the retention of the trees and hedges 8-12 and 16 and 17 within the front garden.
22. The established and better quality trees within group 27 and tree 32 will be retained together
with trees 23-26, 28-31, 34 and hedge 38.
23. It is considered that the retention of trees, particularly along the front and rear boundaries of
the site will conserve the sylvan nature of the area.
24. Suitable tree protection conditions and tree retention and planting are recommended.
Financial considerations
25. The development falls under development which is liable for CIL. It is estimated that 834sqm
of new floor space will require a contribution of £118,212.05. The applicant has provided the
relevant liability forms required to pay the chargeable amount required by the Council’s
adopted Charging Schedule in accordance with the relevant regulations.
Matters raised in Representations
26. Matters relating to planning issues raised in representations have been addressed above.
Conclusion
27. On the basis of the above, and in light of any other material considerations, the proposal is
considered to be in accordance with the development plan. Accordingly, the recommendation
is to grant permission.
Case Officer Checklist
Neighbour Notifications
Consultations
Drawings
Site Visit Notes
LG 15/06/2015
LG 15/06/2015
LG 15/06/2015
LG 15/06/2015
Recommendation: Grant Permission
Conditions/Reasons
1
TIME LIMIT (FULL APPLICATION)
The development hereby permitted shall be begun before the expiration of three years from
the date of this permission.
Reason: To comply with Section 51 of Part 4 of the Planning and Compulsory Purchase Act
2004.
2
LIST OF APPROVED PLANS
The development hereby permitted shall be carried out in strict accordance with the following
list of approved plans: 001 (Location Plan only), 002, 006, all received on 23/04/2015; 003,
8761/02 and Arboricultural Report, received on 28/04/2015; and the amended plan 001
received on 27/05/2015.
Reason: To ensure that the development is carried out in a satisfactory manner.
3
OCCUPANCY - SINGLE DWELLING
The staff accommodation part of the development hereby permitted shall only be occupied in
connection with, and ancillary to, the occupation of the dwelling on the site, and in particular
shall not be separately let, sold or otherwise occupied as a separate independent dwelling.
Reason: Because of its small size the accommodation would be out of keeping with other
properties in the locality, which would be contrary to policy DM2 of the Elmbridge Development
Management Plan 2015.
4
MATERIALS SAMPLES
NO DEVELOPMENT SHALL TAKE PLACE UNTIL SAMPLES OF THE MATERIALS TO BE
USED ON THE EXTERNAL FACES AND ROOF OF THE BUILDING HAVE BEEN
SUBMITTED TO AND APPROVED IN WRITING BY THE BOROUGH COUNCIL.
DEVELOPMENT SHALL BE CARRIED OUT IN ACCORDANCE WITH THE APPROVED
DETAILS.
Reason: To ensure that a satisfactory external appearance is achieved of the development in
accordance with Policy DM2 of the Elmbridge Development Management Plan 2015. It is
considered necessary for this to be a pre-commencement condition because the use of
satisfactory external materials goes to the heart of the planning permission.
5
OBSCURE GLAZING
The first floor en-suite, dressing room and a secondary bedroom 3 windows; and the second
floor bathroom rooflight, all on the northeast/side elevation; and the first floor staircase rooflight
on the southwest/side elevation of the development hereby permitted shall be glazed with
obscure glass and non-openable unless above 1.7m over the finished floor level of the room
they serves to. Such glass shall be sufficiently obscure to prevent loss of privacy. The affixing
of an obscure film will not be sufficient.
Reason: To preserve the reasonable privacy of neighbouring residents in accordance with
Policy DM2 of the Elmbridge Development Management Plan 2015.
6
LANDSCAPING - SCHEME
NO DEVELOPMENT SHALL TAKE PLACE UNTIL FULL DETAILS OF BOTH HARD AND
SOFT LANDSCAPING WORKS HAVE BEEN SUBMITTED TO AND APPROVED IN
WRITING BY THE BOROUGH COUNCIL AND THESE WORKS SHALL BE CARRIED OUT
AS APPROVED. THIS SCHEME SHALL INCLUDE INDICATIONS OF ALL HARD
SURFACES, WALLS, FENCES, ACCESS FEATURES, THE EXISTING TREES AND
HEDGES TO BE RETAINED, TOGETHER WITH THE NEW PLANTING TO BE CARRIED
OUT, AND DETAILS OF THE MEASURES TO BE TAKEN TO PROTECT EXISTING
FEATURES DURING THE CONSTRUCTION OF THE DEVELOPMENT.
Reason: To preserve and enhance the visual amenities of the locality in accordance with
Policy DM6 of the Elmbridge Development Management Plan 2015. It is considered necessary
for this to be a pre-commencement condition because the use of satisfactory landscaping
scheme goes to the heart of the planning permission.
7
LANDSCAPING - IMPLEMENTATION
ALL HARD AND SOFT LANDSCAPING WORKS SHALL BE CARRIED OUT IN
ACCORDANCE WITH THE APPROVED DETAILS. ARBORICULTURAL WORK TO
EXISTING TREES SHALL BE CARRIED OUT PRIOR TO THE COMMENCEMENT OF ANY
OTHER DEVELOPMENT, OTHERWISE ALL REMAINING LANDSCAPING WORK AND NEW
PLANTING SHALL BE CARRIED OUT PRIOR TO THE OCCUPATION OF ANY PART OF
THE DEVELOPMENT OR IN ACCORDANCE TO THE TIMETABLE AGREED WITH THE
BOROUGH COUNCIL. ANY TREES OR PLANTS, WHICH WITHIN A PERIOD OF FIVE
YEARS OF THE COMMENCEMENT OF ANY WORKS IN PURSUANCE OF THE
DEVELOPMENT DIE, ARE REMOVED, OR BECOME SERIOUSLY DAMAGED OR
DISEASED, SHALL BE REPLACED AS SOON AS PRACTICABLE WITH OTHERS OF
SIMILAR SIZE AND SPECIES, FOLLOWING CONSULTATION WITH THE BOROUGH
COUNCIL, UNLESS THE BOROUGH COUNCIL GIVES WRITTEN CONSENT TO ANY
VARIATION.
Reason: To preserve and enhance the visual amenities of the locality in accordance with
Policy DM6 of the Elmbridge Development Management Plan 2015.
8
A)
ADDITIONAL TREE INFORMATION AND PRE-COMMENCEMENT INSPECTION
NO DEVELOPMENT SHALL TAKE PLACE UNTIL FURTHER ARBORICULTURAL DETAILS
HAVE BEEN SUBMITTED TO AND APPROVED IN WRITING BY THE BOROUGH COUNCIL
AND THESE WORKS SHALL BE CARRIED OUT AS APPROVED.
THIS SCHEME SHALL INCLUDE DETAILS OF:
THE EXISTING TREES AND HEDGES TO BE RETAINED IN THE FORM OF A TREE
SURVEY AND ARBORICULTURAL IMPACT ASSESSMENT, IN LINE WITH BS5837:2012,
B)
D)
AND SHALL INCLUDE DETAILS OF ALL CURRENT AND PROPOSED HARD SURFACES,
WALLS, FENCES, ACCESS FEATURES, AND GROUND LEVELS.
THE MEASURES TAKEN TO PROTECT EXISTING TREES AND HEDGES DURING
CONSTRUCTION, DEMOLITION, AND DELIVERY OF MATERIALS / MACHINERY,
INCLUDING A TREE PROTECTION PLAN AND AN ARBORICULTURAL METHOD
STATEMENT IN LINE WITH BS5837:2012 (SEE ARBORICULTURAL METHOD
STATEMENT INFORMATIVE.)
PRIOR TO THE COMMENCEMENT OF WORKS ON SITE AND AFTER THE INSTALLATION
OF THE TREE PROTECTION IN ACCORDANCE WITH (B) ABOVE THE APPLICANT SHALL
ARRANGE A PRE-COMMENCEMENT MEETING BETWEEN THE BOROUGH COUNCIL
AND THE APPLICANT'S PROJECT ARBORICULTURIST TO ALLOW INSPECTION AND
VERIFICATION OF THE PROTECTION MEASURES.
Reason: This permission is only granted on the basis that the trees would remain on site to
mitigate the impact of the development and to preserve and enhance the visual amenities of
the locality in accordance with Policy DM6 of the Elmbridge Development Management Plan
2015. It is considered necessary for this to be a pre-commencement condition because the
use of satisfactory additional tree information and pre commencement inspection goes to the
heart of the planning permission.
9
TREE PROTECTION AND PRE-COMMENCEMENT INSPECTION
NO DEVELOPMENT SHALL TAKE PLACE UNTIL TREE PROTECTION MEASURES ARE
INSTALLED AND ANY FURTHER INFORMATION PROVIDED IN ACCORDANCE WITH THE
SUBMITTED ARBORICULTURAL INFORMATION. THE APPLICANT SHALL ARRANGE A
PRE-COMMENCEMENT MEETING AFTER THE INSTALLATION OF THE TREE
PROTECTION BETWEEN THE BOROUGH COUNCIL AND THE APPLICANT'S PROJECT
ARBORICULTURIST TO ALLOW INSPECTION AND VERIFICATION OF THE PROTECTION
MEASURES.
Reason: This permission is granted on the basis that the trees would remain on site to
mitigate the impact of the development and to preserve and enhance the visual amenities of
the locality in accordance with Policy DM6 of the Elmbridge Development Management Plan
2015. It is considered necessary for this to be a pre-commencement condition because the
demolition and construction works could have implications for the future health and amenity of
retained trees within the site.
10
a)
b)
c)
d)
TREE PROTECTION
In this condition 'retained tree' means an existing tree, which is to be retained in accordance
with the approved plans and particulars; and paragraphs (a) and (b) below shall have effect
until the expiration of 5 years from the first occupation of the development.
no retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be
pruned other than in accordance with the approved plans and particulars, without the written
approval of the Borough Council. Any pruning shall be carried out in accordance with British
Standard 3998 (tree work) and in accordance with any supplied arboricultural method
statement.
if any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at
the same place and that tree shall be of such size and species, and shall be planted at such
time, as may be specified in writing by the Borough Council.
tree protection shall be maintained in-situ and not moved or removed until all construction has
finished and equipment, materials, or machinery are removed from site.
any arboricultural protection information and plans submitted as part of the application, and
listed in the approved plans condition, shall be implemented and adhered to at all times during
the construction process unless otherwise agreed in writing with the Borough Council. This
shall include any requirement for arboricultural supervision and site monitoring.
Reason: This permission is only granted on the basis that the trees would remain on site to
mitigate the impact of the development and to preserve and enhance the visual amenities of
the locality in accordance with Policy DM6 of the Elmbridge Development Management Plan
2015.
Informatives
1
COMMUNITY INFRASTRUCTURE LEVY
The development permitted is subject to a Community Infrastructure Levy (CIL) liability for
which a Liability Notice will be issued as soon as practical after the day on which planning
permission first permits development.
To avoid breaching the CIL regulations and the potential financial penalties involved, it is
essential a prior commencement notice be submitted. A blank commencement notice can be
downloaded from
http://www.planningportal.gov.uk/uploads/1app/forms/form_6_commencement_notice.pdf.
For the avoidance of doubt commencement of demolition of existing structure(s) covering any
part of the footprint of the proposed structure(s) would be considered as commencement for
the purpose of the CIL regulations.
Rev.
Date
Detail
10125
Copyright The Hyatt Group & Iconic Architectural Design 2015.
Reproduction of all or part of this drawing, whether by photocopying or
storing in any medium by electronic means or otherwise, without the
written permission of The Hyatt Group & Iconic Architectural Design, is
strictly prohibited. Commission of any unauthorised act in relation to this
drawing may result in civil and/or criminal actions.
FRONT ELEVATION
SIDE ELEVATION
Hyatt Group Ltd, Churston House,
Portsmouth Road, Esher, Surrey, KT10 9AD
5000
Tel: +44 (0)1372 464646
Fax: +44 (0)1372 464626
www.hyattgroup.co.uk
Project Title
Client
5 Icklingham Road
Cobham
Surrey
KT11 2NG
Mr Tokatly
Year
Dwg No.
2015
Status
P
Drawing Title
Job No.
213
Dwg No.
003
Elevations
Rev.
.
Scale
1:100 at A1
Date
Mar 2015 Drawn
Andrew Long
Rev.
Copyright The Hyatt Group & Iconic Architectural Design 2015.
Reproduction of all or part of this drawing, whether by photocopying or
storing in any medium by electronic means or otherwise, without the
written permission of The Hyatt Group & Iconic Architectural Design, is
strictly prohibited. Commission of any unauthorised act in relation to this
drawing may result in civil and/or criminal actions.
Date
Detail
26615
LOGGIA
UP
DAY
ROOM
ES
KITCHEN
DRAWING
ROOM
BEDROOM 2
UP
LOBBY
MASTER
EN SUITE
LOWER
HALL
BREAKFAST
AREA
HER DRESSING
ROOM
CLOAKS
27450
WC
DR
BAR
WC
SH
DOWN
DR
LARDER
BOOT
ROOM
VOID
STUDY/
LIBRARY
FAMILY
ROOM
GYM
BEDROOM 3
UP
UTILITY
ROOM
BEDROOM 4
WC
ENTRANCE
HALL
STORE
ES
UP
ES
VOID
UP
GROUND FLOOR
FIRST FLOOR
GIA - 408.8 m2
GIA - 372.6 m2
STAFF
FLAT
ROOF
LIGHT
Hyatt Group Ltd, Churston House,
Portsmouth Road, Esher, Surrey, KT10 9AD
5000
Tel: +44 (0)1372 464646
Fax: +44 (0)1372 464626
www.hyattgroup.co.uk
Project Title
Client
5 Icklingham Road
Cobham
Surrey
KT11 2NG
Mr Tokatly
Year
Dwg No.
2015
Status
P
Drawing Title
Job No.
213
Dwg No.
002
Floor Plans
Rev.
.
Scale
1:100 at A1
Date
Mar 2015 Drawn
Andrew Long
Rev.
Copyright The Hyatt Group & Iconic Architectural Design 2015.
Reproduction of all or part of this drawing, whether by photocopying or
storing in any medium by electronic means or otherwise, without the
written permission of The Hyatt Group & Iconic Architectural Design, is
strictly prohibited. Commission of any unauthorised act in relation to this
drawing may result in civil and/or criminal actions.
Date
Detail
Not to Scale
Approximate Ridge 47.98
Proposed Ridge - 48.08
20
Ridge 46.41
20
Ridge 47.47
20
20
20
20
20
Parapet 45.88
Eaves 44.51
Eaves 41.06
38.48
38.40
Datum 35.00
38.43
38.37
38.39
Proposed FFL - 38.30
38.26
38.29
38.34
38.22
Datum 35.00
Datum 35.00
Proposed Ridge - 48.08
Ridge 46.41
20
20
20
20
Eaves 41.06
38.48
38.40
38.43
38.37
38.39
Proposed FFL - 38.30
38.26
38.29
38.34
38.22
Datum 35.00
1:100 at A1
Hyatt Group Ltd, Churston House,
Portsmouth Road, Esher, Surrey, KT10 9AD
Tel: +44 (0)1372 464646
Fax: +44 (0)1372 464626
www.hyattgroup.co.uk
Project Title
Client
5 Icklingham Road
Cobham
Surrey
KT11 2NG
Mr Tokatly
Year
Dwg No.
2015
Status
P
Drawing Title
Job No.
213
Dwg No.
006
Street Scene
Rev.
.
Scale
1:100 at A1
Date
Mar 2015 Drawn
Andrew Long