Proposed Development of Former Lloyds Bank Site and Water Margin in Southborough, Study notes of Construction

Download Proposed Development of Former Lloyds Bank Site and Water Margin in Southborough and more Study notes Construction in PDF only on Docsity! Planning Committee Report 17 January 2018 REPORT SUMMARY REFERENCE NO - 17/03335/FULL APPLICATION PROPOSAL Restoration and conversion of the former Water Margin to create 3no. cottages & development of former Lloyds Bank site to form 17no. residential units with 17no. parking spaces; and laying out of 5 additional parking spaces to serve the adjacent site. ADDRESS Site Of 141 And 151 London Road Southborough Tunbridge Wells Kent RECOMMENDATION: APPROVE subject to completion of s106 legal agreement (see section 11 of report for full recommendation) SUMMARY OF REASONS FOR RECOMMENDATION/REASONS FOR REFUSAL - There is no objection in principle to the proposed development as the site is within the Limits to Built Development - The proposal would result in the restoration of a Grade II Listed Building (former Water Margin restaurant) and the retention and conversion of a building considered to be a ‘non-designated’ heritage asset (former LLoyds Bank). - The scale, layout and design of the proposals respect the context of the site and preserve the visual amenities of the locality. - - The proposed number of dwellings maximises the site’s potential for housing delivery accords with national and local development plan policy relating to sustainable development; and delivers an acceptable mix of dwelling sizes. - The applicant has satisfactorily demonstrated, in accordance with Core Strategy Policy CP6, that in view of the substantial costs required to renovate the Listed Building (former Water Margin), the provision of affordable housing either at the site or off site through a developer contribution, would render the proposed development unviable. - The development would not be significantly harmful to the residential amenities of nearby dwellings by reason of loss of privacy, overshadowing, dominance or noise; and an acceptable level of residential amenity is capable of being provided for occupiers of the proposed dwellings. - The access and parking arrangements can be accommodated without detriment to highway safety and the proposed widening of the pavement in front the former Water Margin will be secured by condition. - In consideration of the site’s highly sustainable location, an adequate number of parking spaces are provided to serve the proposed development. - Other environmental impacts have been assessed and there are none that are considered potentially significant and which cannot be addressed through conditions. INFORMATION ABOUT FINANCIAL BENEFITS OF PROPOSAL The following are considered to be material to the application: Contributions to be secured through Section 106 obligation: £17,451.00– Primary education – towards the expansion of Southborough CE Primary School from two form entry to three form entry. £7,174 - Library – towards Southborough Hub Library £30,917 - Youth and adult recreation - towards Southborough playing fields /changing facilities (Total contributions £55,542) Net increase in numbers of jobs: N/A Estimated average annual workplace salary spend in Borough through net increase in Planning Committee Report 17 January 2018 numbers of jobs: N/A The following are not considered to be material to the application: Estimated annual council tax benefit for Borough: £3,272 Estimated annual council tax benefit total: £32,720 Annual New Homes Bonus (for first 4 years): £20,000 Estimated annual business rates benefits for Borough: N/A REASON FOR REFERRAL TO COMMITTEE In accordance with the Council’s constitution, due to the number of dwellings proposed for approval. WARD Southborough & High Brooms PARISH/TOWN COUNCIL Southborough Town Council APPLICANT Water Margin Ltd. (co Reg. 10855934) AGENT Chris Anderson Architects DECISION DUE DATE 19/01/18 PUBLICITY EXPIRY DATE 01/12/17 OFFICER SITE VISIT DATE 15/11/17 RELEVANT PLANNING HISTORY (including appeals and relevant history on adjoining sites): Former Water Margin: The Water Margin (141 London Road) has been subject to a number of applications for minor development relating to its use as a shop, restaurant, takeaway or drinking establishment, including: 01/02462/FUL Demolition of external store & internal walls and construction of single storey pitched roof rear extension. Permitted 22/02/02 01/02464/LBC Demolition of external store & internal walls and construction of single storey pitched roof rear extension and flue. Permitted 22/02/02 09/01176/FUL Retrospective - Change of use from restaurant to public house with dining and take-away Permitted 10/07/09 Former Lloyds Bank: 17/00805/FUL Change of use of former bank offices to 4 No. flats, retaining front part of ground floor as Class A2 offices Permitted 08/05/17 Related applications: 17/03336/LBC Listed Building Consent: Restoration and conversion of the former Water Margin to create 3no. cottages & development of former Lloyds Bank site to form 17no. residential units with 17no. parking spaces Under consideration Adjacent site: Southborough Hub development, 137 London Road: 16/06081/ HYBRID Detailed application for demolition of existing buildings and erection of new mixed use Community Hub building comprising theatre (sui generis), library (D1), cafe (A3), medical centre (D1), Town Council offices (B1a) and Permitted 15/12/17 Planning Committee Report 17 January 2018 2.05 The proposed rear extension of the Lloyds Bank building incorporates a central courtyard together with first and second floor development which extends over part of the car park. 17 parking spaces, one per apartment, would be provided, accessed from the Yew Tree Road car park and would be mostly hidden underneath the rear extension. A communal refuse storage area would also be located to the rear, such that all vehicular activity associated with the building would take place at the rear, away from the main road. A row of semi-mature trees are proposed to be planted along the rear boundary with the Yew Tree Road car park to provide screening and a new 1.8m high brick boundary wall to the car park would be provided. 2.06 The proposed side extension is separated from Lloyds Bank by a glazed link that would connect with the interior courtyard and would provide a distinct break between the existing and new parts of the scheme. 2.07 The front extension has been designed to reflect the features and materials of the existing building. The proposed materials are a matching multi brick, with smooth red brick quoin detailing, timber Georgian-style windows and tile hanging to the gables and a clay tiled pitched roof. Dormer windows with decorative surrounds are proposed along the side and rear elevations. The rear elevation would be rendered at first floor level to reflect the roughcast render at the upper floor of the adjacent Gallards Almshouses, with the brick columns that support the upper floor continuing upwards to break up the extent of render. 2.08 The existing vehicular accesses to the front of the building would be closed and a front garden would be created, set behind a new 0.8m high brick wall with tree planting. There would only be pedestrian and cycle access to the front of the building. A secure cycle store is proposed at the front of the building. Laying out of 5 additional parking spaces for the adjacent proposed apartment block 2.09 In order for this comprehensive scheme to be implemented it will be necessary for some land at the rear of the Water Margin site to be exchanged for some land within the boundary of the ‘Hub’ site. This would allow the rationalisation of parking provision to serve the Lloyds Bank development and the Block A of the proposed Crest Nicholson scheme. 2.10 Consequently, the application site boundary includes some land currently within the curtilage of the Water Margin (behind the building) which would be laid out as 5 parking spaces that would form part of the 8 space car park needed to serve the 8 apartments proposed in the adjacent Block A. By providing this land for this purpose, it allows Crest Nicholson to release some of the land they would own in order for the Lloyds Bank parking provision to be made. Without such an arrangement the proposals within this planning application, and the associated heritage benefits, could not be realised. 3.0 SUMMARY INFORMATION Existing Proposed Change (+/-) Site Area 0.22 0.22 No change Land uses Restaurant (A3) Bank (A5) Residential – 20 apartments No. of storeys Water Margin 3 Lloyds Bank 2 Water Margin 3 Lloyds Bank 3 No change No. of residential units None (although Water Margin 20 +20 Planning Committee Report 17 January 2018 has ancillary residential accommodation) No. of bed spaces N/A 43 +43 Car parking spaces at Lloyds Bank site Approximately 12 at front to serve bank 17 at rear to serve apartments +5 (approx.) Cycle spaces at Lloyds Bank site None to serve bank 17 to serve apartments +17 Car parking spaces at Water Margin site None to serve restaurant use None to serve 3 cottages No change No. of affordable units None None No change 4.0 PLANNING CONSTRAINTS Air Quality Management Area Ashdown Forest Ashdown Forest 15 Km Habitat Regulation Assessment Zone Within Limits to Built Development Allocated Site - Site Allocations Local Plan Policy AL/SO2 Southborough Hub (Yew Tree Road Car Park is within policy boundary). Listed Building 1338682 Grade: II (Statutory duty to preserve or enhance the significance of heritage assets under the Planning (Listed Buildings & Conservation Areas) Act 1990 5.0 POLICY AND OTHER CONSIDERATIONS The National Planning Policy Framework (NPPF) National Planning Practice Guidance (NPPG) Tunbridge Wells Borough Core Strategy 2010 - Core Policy 1: Delivery of Development - Core Policy 3: Transport Infrastructure - Core Policy 4: Environment - Core Policy 5: Sustainable Design and Construction - Core Policy 6: Housing Provision - Core Policy 10: Development in Southborough Site Allocations Local Plan 2016 - Policy AL/SO2 – Southborough Hub (boundary includes Yew Tree Road car park) Tunbridge Wells Borough Local Plan 2006 - Policy EN1 – Development Control criteria - Policy H5 – Residential development within the Limits to Built Development. - Policy TP4 – Access to the road network. - Policy TP22 - Retention of Yew Tree Road Car Park - Policy CR7 – Southborough Primary Shopping Area Supplementary Planning Documents: - Renewable Energy SPD - Affordable Housing SPD - Local Heritage Assets SPD - Recreation Open Space SPD (2006 with updated costs 2013/2014) 6.0 LOCAL REPRESENTATIONS Planning Committee Report 17 January 2018 6.01 Site notices were posted around the site and an advert was placed in a local newspaper in November 2017. 6.02 One representation from a property in Yew Tree Road has been received objecting to the proposals for reasons summarised below: - Access through Yew Tree Road Car Park: Yew Tree Road is already over congested and access to and from the car park can be difficult. Would add to delays caused by cars turning into and out of the car park. The hub development will bring extra traffic and will cause an increase in air pollution and congestion in an already overly polluted and congested area. The proposed development will potentially add a further 30 cars (based on 2 cars per 2 bed cottage/flat) needing to access Yew Tree Road daily. - Parking: naïve to say that 1 space per residential unit would be appropriate for two bedroom dwellings. Assume any unmet need will be met at Yew Tree Road Car Park where there is not enough space to serve this development and the Hub, including the 69 properties proposed by Crest Nicholson. - Pressure on local infrastructure: Will add to traffic congestion, pressure on local schools, GP surgery and any local health services. - Loss of office space: The Lloyds building has planning permission for 4 flats and A2 ground floor use (17/00805). The loss of the Lloyds A2 space will limit the availability of small offices in the area. Such offices could appeal to new start up businesses therefore the loss of A2 space could assist in reducing local economic growth and potentially local employment. - Pollution: Would cause an increase in air, noise and light pollution. 7.0 CONSULTATIONS Historic England 7.01 10/11/17 – No objection on heritage grounds. Consider the applications meet the requirements of the NPPF, particularly paragraphs 132 and 134. Need to bear in mind the statutory duty of Sections 16(2) and 66(1) of the Planning(Listed Buildings and Conservation areas) Act 1990 to have special regard tom the desirability of preserving listed buildings or their setting or any features of historic interest which they possess. 7.02 The Water Margin restaurant, listed at grade II as the Bat and Ball Public House is the remaining portion of a series of four 18th century cottages converted into a public house in the mid 19th century. The building’s significance derives largely from its form as an example of a terrace of modest cottages along a main thoroughfare between two larger towns. 7.03 Historic England (HE) supports the principle of redeveloping this building which has lain empty for some years. Very little of the historic interior remains as much was removed to convert it into a public house. All internal partitions and most of the historic details have been removed from the ground floor. The reinstatement of partitions to form three cottages will be beneficial as it will reinstate some of the original plan form and circulation space. 7.04 Note the proposed removal of a 19th century staircase and the front extension would cause a small degree of harm as they help explain the building’s conversion to a public house but on balance this would cause a low level of harm to the building’s significance and would in some places reveal aspects of it significance which were lost when it was converted to a public house. 7.05 With reference to NPPF paragraphs 132 and 134, while it is for the Local Planning Authority to carry out the weighing exercise of harm against benefits, HE consider Planning Committee Report 17 January 2018 7.19 Noise: The site is within the urban area, but no traffic & commercial noise assessment has been submitted, a condition requiring acoustic assessment should therefore be attached to any permission granted. 7.20 Air Quality: The site is in the Tunbridge Wells Air Quality Management Area. A satisfactory air quality assessment has been submitted using dispersion modelling and Tunbridge Wells monitoring data. The report concludes that future residents of one of the proposed cottage residences may be exposed to air quality exceedances; so mitigation is required in the form of sealed windows and mechanical ventilation. Additionally, the report recommends a high specification of air tightness on the windows and doors should be incorporated into the front façade of each cottage. The report also recognises that during the construction phase of the development good practice dust control measures will need to be implemented. The installation of Electric Vehicle charging points would be a useful promotion of a sustainable travel option. 7.21 Contaminated land: No indication of land contamination on the contaminated land database & historic maps databases, and the historical use of the site does not appear to raise any contamination concerns. Any parts of the buildings to be converted should be checked for the presence of asbestos and any found should only be removed by a licensed contractor. Demolition or construction activities may have an impact on local residents and so the usual conditions/informatives should apply in this respect. 7.22 Requested standard conditions relating to internal/external sound levels – residential, Construction Management Plan and electric vehicle charging points. (Officer note: such a plan has been provided and a condition is included in the recommendation). Client Services 7.23 7/11/17 – The layout shows 17 standard 240lt bins only (for 17 properties), but no provision for garden brown bins or boxes for recycling. Queried whether the intention was to have a communal bin store with larger size domestic waste bins and shared recycling bins. There may be changes of material collected and method, charging for garden waste collection in the future. Access to the site to make collections is a concern regarding reversing and turning and how safe it would be to carry out collections via the car park, with the volume of car and pedestrian movements being a potential hazard. Southborough Town Council 7.24 7/11/17 The Committee noted this application. The Committee hold a view that there are too many residential properties on that site. 8.0 APPLICANT’S SUPPORTING COMMENTS 8.01 The site is classed as previously developed land and is in an extremely sustainable location. The existing business use ended a few years ago and NPPF policy encourages redevelopment of such sites to boost the housing supply. There is a need for housing to meet the Objectively Assessed Housing Needs of the Borough this scheme will contribute towards that and towards the 1 and 2 bed units identified as a category of need. 8.02 The existing Water Margin is Grade II listed and would be subject to significant works to restore it to as close to its original shape and form as possible. Although to be subdivided into 3 residential units, the proposals carefully use the existing plan form and remove the poor and unsightly extensions. The proposals do not result in any significant harm and are acceptable. Planning Committee Report 17 January 2018 8.03 The Lloyds building is to be retained as it is considered to be a non designated heritage asset. The design includes and extension which wraps around from the east to the north. The front, roadside, elevation ensures that the extension appears separated by a glazed section and well proportioned. The use of similar materials would ensure a good design in accordance with Local Plan Policy EN1 (General Development Management Criteria). 8.04 Parking levels are policy compliant given the location within a very accessible location. The access to the building maintains adequate level access arrangements to some apartments. The new access proposals result in highway safety benefits. 8.05 The proposals have been carefully considered to ensure a high quality design that complements proposals for the hub and the surrounding area. The proposals make a positive contribution that is complaint with policies. 9.0 BACKGROUND PAPERS AND PLANS - Planning Statement - Design and Access Statement - Heritage Statement - Transport Statement - Air Quality Report - Viability Assessment Existing plans: - Topographical survey drawing ref 1646 – 02 - Water Margin – survey of existing – drawing ref 1725 03 - Water Margin – existing elevations – drawing ref 1725 04 - Lloyds Bank – Existing floorplans and elevations – 1646 – 05 10.0 APPRAISAL 10.01 The key issues are: - Principle and amount of development - Heritage and townscape impacts - Affordable housing and viability - Design and amenity considerations - Highways, access, parking and servicing - Air quality - Other detailed matters (noise, flood risk and drainage, construction impacts) Principle of Development 10.02 This town centre site is previously developed land within the Limits to Built Development and is considered suitable for residential purposes under Core Strategy Policies CP1, CP6 and CP11, as well as complying with Local Plan Policy H5. 10.03 The proposed residential use of these former commercial premises is considered to be acceptable in principle. Whilst it is recognised that the proposed conversion of this bank (A2 use) and restaurant (A3 use) will result in the loss of employment floorspace there are no specific development plan polices that protect employment uses at this location (Southborough town centre is not designated as a Key Employment Area in the Core Strategy). Furthermore, as the site does not form part of a continuous retail frontage, there would no adverse impact on the primary retail frontage, which Local Plan Policy CR7 seeks to protect. There is a predominance of residential development on the eastern side of this part of Southborough town centre and the proposed residential use will be compatible with this. In addition, conversion Planning Committee Report 17 January 2018 to residential use would secure the future of a listed building (Water Margin) and a non-designated heritage asset (Lloyd Bank). 10.04 By providing 20 dwellings, the proposed development would make a significant contribution towards meeting the Borough’s housing needs. The scheme would provide a mix of dwelling types (3 x 2 bed houses and 17 x 1 and 2 bed apartments) which make efficient use of the site. The Council currently cannot demonstrate a five year housing supply compliant with the full objectively assessed needs (OAN) requirement for market and affordable housing (or the need identified in the ‘Planning for the right homes in the right places’ consultation proposals published on 14/09/17). With reference to NPPF paragraphs 14, 17 and 49, the site is considered to be in a highly sustainable location where higher residential densities are appropriate. 10.05 In order for the proposals to be implemented, some changes in land ownership will be required. A small parcel of land within the Hub site that is located at the rear of the Lloyds Bank building would need to be ‘exchanged’ with a small area of land located at the rear of the Water Margin. The intention is that through this co-ordinated approach, a better development would be achieved than if each party were to develop the land currently under their ownership or control. Whilst land ownership is not a planning matter, the proposals are considered to achieve a comprehensive development solution with the adjoining Southborough Hub development and would make an effective use of land within the town centre. 10.06 The proposals are considered to be acceptable in principle. They accord with the Core Strategy Policies CP1, CP6 and CP11 and with Local plan Policy H5. Heritage and townscape impacts 10.07 Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 states that the local planning authority shall have ‘special regard to the desirability of preserving a listed building or its setting when making decisions on planning applications’. 10.08 NPPF Paragraph 132 states that when considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation. The more important the asset, the greater the weight should be. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. As heritage assets are irreplaceable, any harm or loss should require clear and convincing justification. In cases where proposals are judged to lead to ‘less than substantial harm’, Paragraph 134 of the NPPF allows for this harm to be weighed against the public benefits of the proposal. Case law makes it plain that, amongst other things, when a development will cause any harm to a heritage asset or its setting, the decision-maker must give that harm considerable importance and weight. 10.09 The Core Strategy, through Policy CP4, seeks to conserve and enhance the Borough's heritage assets including Listed Buildings. 10.10 The Water Margin and Lloyds Bank building are, respectively, designated and non-designated heritage assets that are vacant and adjoin a redevelopment site that has lain vacant for many years. These proposals, when considered in tandem with the recently approved mixed use scheme on the Southborough Hub site, offer an opportunity to achieve significant environmental benefits at the heart of this town centre. The applicant has been encouraged by your officers to seek a development solution that secures the future of both of these buildings and which improves their setting and the contribution they make to the townscape, whilst complementing the Planning Committee Report 17 January 2018 10.22 NPPF Paragraph 57 seeks the achievement of high quality and inclusive design for all development, including individual buildings, public and private spaces and wider area development schemes. Paragraph 60 states that ‘planning policies and decisions should not attempt to impose architectural styles or particular tastes, and they should not stifle innovation, originality or initiative through unsubstantiated requirements to confirm to certain development forms or styles. It is, however, proper to seek to promote or reinforce local distinctiveness’. 10.23 The Core Strategy, through Policy CP5, seeks to ensure that developments are of high-quality design, which will create safe, accessible, legible and adaptable environments. Additionally, Policy EN1 of the Local Plan sets out criteria that new development should meet. In particular, Criterion 3 seeks to ensure that the design of the proposal should respect the context of the site, in particular in terms of its scale, site coverage, external appearance, roofscape, materials and landscaping. 10.24 The proposals for the former Water Margin building would sympathetically restore this historic building to its original residential use and reduce its scale by the demolition of the inappropriate front and rear extensions. The applicant has made some further design improvements following advice provided by the Principal Conservation officer at the pre-application stage. These detailed proposals will result in a substantial improvement to the appearance of the building, greatly enriching the street-scene. 10.25 The design approach put forward for the former Lloyds Bank building is also sympathetic to the character and appearance of the existing building. The proposed retention of the existing building (at the pre-application stage the applicant originally proposed to demolish the building) is welcomed. This includes retaining the internal features such as the height of the ceiling in the banking hall and the entrance porch. The extension is designed to wrap around towards the rear of the site and connect back into the existing building, creating an internal courtyard and under croft parking. The proposed two and a half storey extensions, though large in scale, are designed to respect the different context presented by the front and rear aspects of the site. 10.26 The front, London Road, elevation has been designed so that the extension appears separate from the existing building. This is achieved by the glazed ‘linking’ element, which forms the central circulation core leading through to the rear courtyard and parking area. The height of the extension does not exceed that of the original building and successfully fills the existing gap between the Lloyds Bank and Water Margin buildings. The side extension projects just over 1m forwards of the Lloyds Bank building frontage and is set back sufficiently from the street to allow for a generous landscaped area to be created in front of the extended building. 10.27 The proposed rearwards extension projects approximately 3m further back than the rear wall of the neighbouring Gallards Almshouses. The almshouses will therefore shield most of the view of the south side of the extension when viewed from the Yew Tree Road car park. The proposed dormer windows on the side and rear elevations are of a similar scale and appearance to those found on the Gallards almhouses. Both of the side elevations would be constructed of brick and the rear elevation would be rendered to reflect the roughcast render at the upper floor of the almshouses. The design and external appearance of the proposals are considered to be acceptable in relation to the site context. 10.28 Southborough Town Council have expressed the view that too many residential properties are proposed on the site, although they have not identified any specific concerns. The rear extension and parking areas extend over much of the rear part Planning Committee Report 17 January 2018 of the site, leaving no amenity space at the rear for residents. This is, however, balanced by the creation of an attractive garden on the London Road frontage and the benefits of removing parking from the frontage. With regard to residents amenity it should also be recognised that this is a town centre site, with good access to the nearby playing fields. The apartments are considered to achieve an acceptable standard of amenity in terms of daylight, outlook and internal space standards, with careful design to minimise the number of single aspect dwellings. 10.29 With regard to the impact on neighbouring properties, the proposals would not have any significantly adverse impact on the amenities of the Gallards Almshouses to the south or on the proposed apartment block within the Hub site to the north, by reason of overlooking, overshadowing or creating a poor outlook. The increased traffic resulting from having parking at the rear would add to the comings and goings across the public car park but it is expected that residents’ vehicle movements would be reduced as a result of the close proximity of facilities and public transport. It is not considered that having 17 parking spaces accessed from the rear would create unacceptable noise or disturbance to neighbouring residents of the car park, nor that the proximity of the public car park would result in an unacceptable level of amenity for future occupiers of the proposed development. 10.30 It is therefore concluded that the proposals achieve an acceptable standard of design in conformity with Core Strategy Policy CP5 and Local Plan Policy EN1. Also, acceptable levels of amenity would be secured for neighbouring residents as well as future occupiers of the proposed development in accordance with Policy EN1 of the Local Plan. Highways, access, parking and servicing 10.31 Core Policy 3 of the Core Strategy encourages sustainable modes of transport to reduce dependence on the private car. Policy TP4 of the Local Plan seeks to ensure that there is sufficient capacity within the road network to accommodate new development and that any additional traffic does not adversely affect the safe and free flow of traffic or other road users. 10.32 This proposal is for the redevelopment of a commercial town centre site. With regard to traffic generation, the Transport Statement submitted by the applicant compares the trip generation that would result from the proposed development during the morning and afternoon peak hours to those associated with the former commercial uses. This shows that the proposals have the potential to produce the same number of vehicle trips inn the morning peak and reduce the number of vehicle trips in the afternoon peak by four vehicles. The conclusion being that the proposals are unlikely to have any impact on the operation of the surrounding highway network. Kent Highways have accepted these conclusions. 10.33 The applicant’s Transport Statement concludes that given the great availability of bus services within the vicinity of the site and the planned improvements to cycle infrastructure along the A26 and through the Southborough hub site, it is likely that a good proportion of trips will be made by non-car transport modes. Pedestrian safety along London Road would also be improved through the increase in the width of the footway in front of the Water Margin. 10.34 As vehicular access is proposed from Yew Tree Road, and the existing vehicular access points on London Road would be closed, this is likely to have benefits on the safe and free flow of traffic along the A26, in conformity with Local Plan Policy TP4. Planning Committee Report 17 January 2018 10.35 A local resident has raised concerns about the suitability of the access through Yew Tree Road Car Park, commenting that there was no mention of this when the Southborough hub proposals were under consideration. A planning condition attached to the hub development (condition 44 of permission ref 16/06081/HYBRID) permits no more than eight dwellings on the Hub scheme to be served via the Yew Tree Road car park, as this was one of the assumptions of the Transport Assessment for the Hub scheme. However, this condition only applies to the Hub development and does not prevent other land that is the subject of a separate planning application from being served via this route, providing of course that the impact of any additional traffic through this access point is considered to be acceptable. Kent Highways have confirmed that that these proposals are acceptable from the point of view of impact on the junctions near to the site, highway safety and the free flow of traffic in this area. Under the approved Hub development, access via the car park has been agreed for the servicing of the commercial units and for residents cars and refuse collection associated with the development blocks adjacent to this application site. There are adequate turning facilities in this adjoining area for such vehicles. 10.36 Parking was a key issue when the hub proposals were considered and the applicant has been advised at the pre-application stage to maximise the number of spaces on the site. There is just sufficient space for 17 parking spaces to be provided, representing one space per apartment in the extended Lloyds Bank building. This complies with the parking standards set out in Kent County Council’s Interim Guidance Note 3. 10.37 Unfortunately no space is available to provide parking for the three cottages that would be created in the former Water Margin building. The five car parking spaces that are proposed to the rear of this building are for the use of the adjacent Crest Nicholson development associated with the Hub proposals (in order to ensure that the adjacent residential block has a sufficient number of parking spaces once the land exchange referred to earlier in this report has taken place). Whilst the lack of parking to serve the three cottages is a disadvantage of the proposals, these are small properties and this is a highly sustainable location. It may also be possible for occupiers to purchase season tickets in the adjacent public car park. Furthermore, when considered in conjunction with the other range of benefits accruing from these proposals, this small amount of under-provision is not considered a sufficient reason to refuse this application. 10.38 These proposals do not impact on the number of parking spaces agreed as part of the Southborough Hub development. However, two parking spaces would be lost from the public car park in order to allow access into the rear car park serving the Lloyds Bank building. Local Plan Policy TP22 seeks to retain the Yew Tree Road public car park. The loss of such a small number of spaces from this 66 space car park is not considered to be significant and is acceptable when balanced against wider benefits of the proposals. 10.39 policy compliant provision of secure cycle storage is proposed in the form of a free standing store within the front garden of the premises. A planning condition is proposed to require the final details and location of this to be agreed. 10.40 Refuse storage for the apartments is proposed within the rear parking area. A planning condition is proposed to require the final details of this to be agreed in order that account can be taken of Client Services refuse storage requirements at the time of implementation. Planning Committee Report 17 January 2018 - Primary school contribution of £17,451.00 towards Southborough CE Primary School expansion from two-form entry to three-form entry. - Library contribution of £7,174 towards Southborough Hub Library. - Youth & adult recreation contribution of £30,917 towards Southborough playing fields towards Southborough playing fields/changing facilities. (ii) Payment of the Council’s legal costs CONDITIONS to include: Time Limit for implementation of permission (1) The works hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: In pursuance of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. Approved plans (2) The development shall be carried out in accordance with the following approved plans: Proposed site location plan and block plan – drawing 1646 – 08C Bat and Ball Cottages (Water Margin) – proposed plans - drawing ref 1725 06A Bat and ball cottages (Water Margin) – proposed elevations – drawing ref 1725 07 Lloyds Bank – proposed plans ground and first floor – drawing ref 1646-09C Lloyds Bank – proposed plans second floor – drawing ref 1646-10 Lloyds Bank – proposed elevations – drawing ref 1646-11A Lloyds Bank – proposed sectional elevations – drawing ref 1646-12 Proposed plans / schedule of accommodation – drawing 1646 – 13B Reason: To define the permission and ensure the development is carried out in accord with the approved plans and in accordance with National Planning Practice Guidance. Construction Environmental Management Plan (3) Prior to the commencement of the construction works in any part of the site, a Construction Environmental Management Plan relating to the whole site, and taking account of any construction works that may be being occurring concurrently on the adjacent Southborough Hub site, shall be submitted to and approved in writing by the Local Planning Authority. The construction of the development shall then be carried out in accordance with the approved Code of Construction Practice and BS5228 Noise Vibration and Control on Construction and Open Sites and the Control of dust from construction sites (BRE DTi Feb 2003) unless previously agreed in writing by the Local Planning Authority. The Plan shall include: - An indicative programme for carrying out the works - Measures to minimise the production of dust on the site - Measures to minimise the noise (including vibration) generated by the construction process to include the careful selection of plant and machinery and use of noise mitigation barrier(s) - Measures to minimise the noise (including vibration) generated by the construction process - Maximum noise levels expected 1 metre from the affected façade of any residential unit adjacent to the site(s). - Design and provision of site hoardings - Management of traffic visiting the site(s) including temporary parking or holding areas - Provision of off road parking for all site operatives Planning Committee Report 17 January 2018 - Measures to prevent the transfer of mud and extraneous material onto the public highway - Measures to manage the production of waste and to maximise the re-use of materials - Measures to minimise the potential for pollution of groundwater and surface water - The location and design of site office(s) and storage compounds - The location of temporary vehicle access points to the site(s) during the construction works - The arrangements for public consultation and liaison during the construction works Reason: This information is required prior to the commencement of development in order to protect the amenity of local residents and in the interests of highway safety. Such details are fundamental to the application and are therefore required prior to its commencement. Diversion / protection of public sewers (6) No construction work shall take place until details of measures to protect and/or divert the public foul and surface water sewer that runs along the southern site boundary have been submitted to and approved in writing by the Local Planning Authority, in consultation with Southern Water, and those measures shall be implemented in accordance with the approved details. Reason: To avoid pollution of the surrounding area. Such details are fundamental to the application and are therefore required prior to its commencement. Air quality mitigation - Water Margin (7) Prior to the commencement of conversion works to the former Water Margin building, details of measures to mitigate the impact of air pollution on the occupiers of the three cottages hereby approved, as recommended in the Air Quality Assessment submitted with the application, shall have been submitted to and approved in writing by the Local Planning Authority. In the event that the highest standards of air-tightness and mechanical ventilation cannot be achieved without compromising the historic fabric of the building, a scheme that achieves the highest level of air tightness possible without compromising the historic fabric of the building shall be submitted. Such measures shall be implemented in accordance with the approved details and thereafter retained. Reason: To protect the occupants of the cottages from poor air quality. Such details are fundamental to the application and are therefore required prior to its commencement. Internal sound Levels for residential properties: Lloyds Bank (8) Prior to the commencement of conversion and extension works to the former Lloyds Bank building, a scheme to demonstrate that the internal noise levels within the residential units within this part of the development will conform to the standard identified by BS 8233 2014, Sound Insulation and Noise Reduction for Buildings - Code of Practice, shall be submitted to and approved in writing by the Local Planning Authority. The work specified in the approved scheme shall then be carried out in accordance with the approved details prior to occupation of the premises and be retained thereafter. Reason: In order to protect the occupiers of the dwellings from undue disturbance by noise. Such details are fundamental to the application and are therefore required prior to its commencement. Planning Committee Report 17 January 2018 Internal/External Sound Levels for residential properties: Water Margin (9) Prior to the commencement of conversion works to the former Water Margin building, a scheme to demonstrate that the internal noise levels within the residential units and the external noise levels in back gardens will conform to the standard identified by BS 8233 2014, Sound Insulation and Noise Reduction for Buildings - Code of Practice, shall be submitted to and approved in writing by the Local Planning Authority. In the event this standard cannot be achieved without compromising the historic fabric of the building, the applicant is required to submit a scheme that achieves the highest level of sound insulation possible without compromising the historic fabric of the building. The work specified in the approved scheme shall then be carried out in accordance with the approved details prior to occupation of the premises and be retained thereafter. Reason: In order to protect the occupiers of the dwellings from undue disturbance by noise. Such details are fundamental to the application and are therefore required prior to its commencement. External materials (Lloyds Bank) (10) Prior to the commencement of the conversion and extension of the former Lloyds Bank building, details of external materials shall be submitted to the Local Planning Authority for approval and sample panels of the proposed bricks shall be made available on site. Following written approval of the external materials from the Local Planning Authority, the development shall be carried out in accordance with the approved details. Reason: To safeguard the characteristics of the locality. Such details are fundamental to the application and are therefore required prior to its commencement. Design details (Lloyds Bank) (11) Notwithstanding the submitted materials details, prior to the commencement of the construction works, details and drawings of the following matters shall be submitted to, and approved in writing, by the Local Planning Authority: - large-scale constructional drawings to show window frames and dressings (window head, sills etc), doors and doorways, balustrades, framing and glazing details of glazed link, external services and plant for both the existing building and the extension. The development shall be constructed in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority. Reason: To safeguard the character and appearance of the area. Such details are fundamental to the application and are therefore required prior to its commencement. External materials and construction details (Water Margin) (12) Prior to the commencement of the conversion and extension of the former Water Margin building, fine construction details and samples of all new materials and external finishes relating to the reconstruction of the front elevation at ground floor level and the construction of the rear extensions shall be submitted to the Local Authority. Following written approval of the external materials from the Local Planning Authority, the development shall be carried out in accordance with the approved details. Reason: To safeguard the characteristics of the locality and preserve the character and appearance of the listed building. Such details are fundamental to the application and are therefore required prior to its commencement. Planning Committee Report 17 January 2018 Refuse storage (22) Notwithstanding the details shown on the site layout plan, prior to the commencement of construction works on any part of the site, details of the storage and screening of refuse shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out to each phase in accordance with the approved details and the refuse facilities shall thereafter be retained. Reason: To facilitate the collection of refuse, preserve visual amenity and to reduce the occurrence of pests. . Such details are fundamental to the application and are therefore required prior to its commencement. Renewable energy/energy efficiency (23) No development shall take place until full details for the incorporation of energy efficiency measures and / or the promotion of renewable energy and sustainable construction within the development have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and retained thereafter. Reason: To ensure a satisfactory standard of development which meets the needs of current and future generations. Such details are fundamental to the application and are therefore required prior to its commencement. INFORMATIVES 1) Attention is drawn to the Mid Kent Environmental Code of Development Practice, the terms of which should be met in carrying out the development. 2) Attention is drawn to Approved Document E Building Regulations 2010 Resistance to the Passage of Sound as amended in 2004 and 2010. It is recommended that the applicant adheres to the standards set out in this document in order to reduce the transmission of excessive airborne and impact noise between the separate units in this development and other dwellings. 3) Adequate and suitable measures should be carried out for the minimisation of asbestos fibres during demolition, so as to prevent airborne fibres from affecting workers carrying out the work, and nearby properties. Only contractors licensed by the Health and Safety Executive should be employed. Any redundant materials removed from the site should be transported by a registered waste carrier and disposed of at an appropriate legal tipping site. 4) The applicant is advised of the need to enter into an Agreement under S278and/or S38 of the Highways Act 1980 with Kent County Council for the approval of works to the highway before commencement of any works on the land. The Agreements Team can be contacted on 03000 41 81 81. 5) It is the responsibility of the applicant to ensure, before the development hereby approved is commenced, that all necessary highway approvals and consents where required are obtained and that the limits of highway boundary are clearly established in order to avoid any enforcement action being taken by the Highway Authority. Across the county there are pieces of land next to private homes and gardens that do not look like roads or pavements but are actually part of the road. This is called ‘highway land’. Some of this land is owned by The Kent County Council (KCC) whilst some are owned by third party owners. Irrespective of the ownership, this land may have ‘highway rights’ over the topsoil. Information about how to clarify the highway boundary can be found at Planning Committee Report 17 January 2018 https://www.kent.gov.uk/roads-and-travel/what-we-look-after/highway-land/highw ay-boundary-enquiries . The applicant must also ensure that the details shown on the approved plans agree in every aspect with those approved under such legislation and common law. It is therefore important for the applicant to contact KCC Highways and Transportation to progress this aspect of the works prior to commencement on site. 6) Regarding broadband connections the BT GPON system is currently being rolled out in Kent by BDUK. This is a laid fibre optical network offering a single optical fibre to multi point destinations i.e. fibre direct to premises. 7) The applicant’s attention is drawn to the comments of Scotia Gas Networks, and the need to ensure safe digging practices, in accordance with HSE publication HSG47 “Avoiding Danger from Underground Services” are used to verify and establish the actual position of mains, pipes, services and other apparatus on site before any mechanical plant is used. It is the applicants responsibility to ensure that this information is provided to all relevant people (direct labour or contractors) working for you on or near gas plant. 8) Southern Water advises that no habitable rooms should be occupied until planned improvements to capacity of the Bidborough Wastewater Treatment Works have been completed. The applicant/developer is advised to discuss this matter with Southern Water. Also, it is possible that a sewer now deemed to be public could be crossing the site. Should any sewer be found during construction works an investigation of the sewer will be required to ascertain its condition, the number of properties it serves and potentiasl means of asccess befire any firther works commence on site. The applicant/developer should contact Southern Water, Sparrowgrove House, Sparrowgrove, Otterbourne, Hampshire SO21 2SW (Tel: 0330 303 0119) or www.southernwater.co.uk’. 9) Kent County Council, as Lead Local Flood Authority, recommend that opportunities to incorporate SuDs features and / or reduce the surface water discharge rates from the site are explored to maximise these opportunities within the re-development. The applicant will need to ensure that arrangements exist for the long term maintenance of any SUDS facilities. 10) A Section 106 agreement relates to this permission. B) IF THE APPLICANTS FAIL TO ENTER INTO SUCH AGREEMENT BY 31 MARCH 2018, THE HEAD OF PLANNING SERVICES SHALL BE AUTHORISED TO REFUSE PERMISSION FOR THE FOLLOWING REASONS (UNLESS A LATER DATE BE AGREED BY THE HEAD OF PLANNING SERVICES): (1) The proposal fails to make adequate provision for primary education and library facilities to serve the needs of residents of the development as requested by Kent County Council, and would therefore conflict with the NPPF, Policy CP1 of the Tunbridge Wells Borough Core Strategy, 2010; and Policy CS4 of the Tunbridge Wells Borough Local Plan 2006. (2) The proposal fails to make adequate provision for youth and adult outdoor recreation to serve the needs of residents of the development and would therefore conflict with the NPPF, Policy CP1 of the Tunbridge Wells Borough Core Strategy, and Policy R2 of the Tunbridge Wells Borough Local Plan 2006. Case Officer: Lynda Middlemiss NB For full details of all papers submitted with this application please refer to the relevant Public Access pages on the council’s website. Planning Committee Report 17 January 2018 The conditions set out in the report may be subject to such reasonable change as is necessary to ensure accuracy and enforceability.