APPENDIX A MALDENS AND COOMBE PLANNING SUB · PDF fileREPORT BY DIRECTOR OF ENVIRONMENTAL SERVICES ... erection of two-storey detached building comprising ... There is inadequate space

APPENDIX A MALDENS AND COOMBE PLANNING SUB-COMMITTEE

WEDNESDAY 12 APRIL 2006 REPORT BY DIRECTOR OF ENVIRONMENTAL SERVICES

PLANNING APPLICATIONS

INDEX

ITEM NO

REGISTER NO

ADDRESS DESCRIPTION RECOMMENDATION PAGE NO

MC Agenda 12-04-2006 (S)

A1 05/14884 3a Chestnut Grove, New Malden, KT3 3JJ

Demolition of existing building (Class B1) and erection of two-storey detached building comprising 2 x 1-bedroom and 2 x studio flats with 1 off-street car parking and 4 cycle parking spaces.

PERMIT A1

A2 05/15106 Warren House, Warren Road, Kingston Upon Thames, KT2 7HY

External illumination of existing sign

PERMIT A9

A3 06/14012 14 Southwood Avenue, Kingston Upon Thames, KT2 7HD

Demolition of existing dwelling house. Erection of 1 x 6 bedroom house set over three floors, and 2 x 5 bedroom houses (set over 3 floors, to include accommodation in the roof space).

PERMIT A14

A4 06/14026 78 High Street, New Malden, KT3 4ET

Erection of first floor rear extension to form 1 x self contained studio flat

PERMIT A24

A5 06/14133 66 Traps Lane, New Malden, KT3 4SE

Demolition of existing bungalow and erection of 2 x two-storey detached houses (2 x 4-bedroom) with associated landscaping and parking.

PERMIT A29

A6 06/14155 14 South Park Grove, New Malden, KT3 5BZ

Erection of first floor side extension including associated roof extensions

PERMIT A38




INDEX

ITEM NO

REGISTER NO


MC Agenda 12-04-2006 (S)

A7 06/14184 120 Kingston Road, New Malden, KT3 3ND

Demolition of existing building. Erection of 1 x block of 7 flats (4 x 2 bedroom, 3 x 1 bedroom) set over 3 floors, 1 floor of which is contained in the roofspace. Parking provision for 6 vehicles to the front of building

PERMIT A42

A8 05/15133 123 High Street, New Malden, KT3 3PU

Change of use to mixed A1/A3 (coffee shop) including alterations to shop front

PERMIT A51

A9 05/15137 Green Hollow, Coombe Hill Road, Kingston Upon Thames, KT2 7DU

Erection of two detached houses (1 x three-bedroom and 1 x two-bedroom house) and associated works

PERMIT A56

A10 06/14136 11 Alric Avenue, New Malden, KT3 4JL

Conversion of 4 bedroom, end of terraced house to 1 x 2 bedroom ground floor flat and 1 x 3 bedroom flat, set over two floors, one of which to be in the roof space with external access at first floor level. Erection of single storey side and rear extensions and formation of dormer window to the side and rear roof slopes

REFUSE A71




INDEX

ITEM NO

REGISTER NO


MC Agenda 12-04-2006 (S)

A11 06/14146 Land At, 190 Malden Road, New Malden

Outline application for the erection of a 3 storey end of terraced house adjoining 190 Malden Road (with details of siting and means of access only to be considered at this stage)

PERMIT A75

A12 06/14172 12 Grasmere Avenue, London, SW15 3RB

Erection of part single storey/part two storey side and rear extension. Use of existing and proposed roof for loft conversion including formation of 1 x dormer in side, 3 x dormers to rear and 2 x rooflights to front roof slopes

PERMIT A84

A13 06/14154 Canbury School, Kingston Hill, Kingston Upon Thames, KT2 7LN

Erection of temporary accommodation to allow for the implementation of planning approval 05/14872/FUL

PERMIT A88

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MALDENS AND COOMBE PLANNING SUB-COMMITTEE

12 APRIL 2006

REPORT BY THE DIRECTOR OF ENVIRONMENTAL SERVICES


All recommendations for planning permission in this section are automatically subject to the condition limiting the duration of the permission required by Sections 91 and 92 of the Town and Country Planning Act (as amended) 1990 unless permission is to be granted for a limited period or unless there is a specific recommendation that the period for such duration be other than the period referred to in the standard condition. All background papers are incorporated into Planning Application Reports. The policies listed are those from the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration. A1 Register No: 05/14884/FUL

Address: 3A CHESTNUT GROVE, NEW MALDEN,

KT3 3JJ Ward: Coombe Vale Description of Proposal: Demolition of existing building (Class B1)

and erection of two-storey detached building comprising 2 x 1-bedroom and 2 x studio flats with 1 off-street car parking and 4 cycle parking spaces.

RECOMMENDATION PERMIT Plan Type: Full Application Expiry Date: 23/01/2006 Applicant's Plan Nos: Accessability statement Received 28/11/2005 NM/05/162 Received 28/09/2005 NM/05/163 Received 28/09/2005 NM/05/164 Received 28/09/2005 NM/05/165A Received 28/11/2005 Sustainability statement Received 28/11/2005

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Basic Information: Development Plan: Royal Borough of Kingston upon Thames

Unitary Development Plan First Alteration UDP Policies BE11 Design of New Buildings and Extensions BE12 Layout and Amenity of Buildings and Extensions E1A Existing Employment Land Outside

Industrial/Warehouse/Business Areas H1 Protection of Residential Amenities H5 New Residential Development H6 Residential Density RES3 Determination of Planning Applications STR1 Housing Supply STR2 Residential Environment STR3 Housing Need STR6 Conserving and Enhancing the Built Environment T1 Transport Safety T13 Facilities for People with Disabilities T20 Compliance with Car and Cycle Parking Standards

Total Site Area 333sq m Total Floor Area 175sq m Density 180HRPH Dwellings 4 Habitable rooms 6 Consultations Neighbouring occupiers - 57 neighbours consulted – 4 letters of objection from residents in Chestnut Grove have been received raising the following concerns:

• inconsistent and inappropriate use of the plot; • increase in pollution; • increase in traffic; • cramming of residential space; • out of character with the area; • highway/pedestrian safety; • visual eyesore; • inadequate refuse provision; • loss of privacy; • inadequate parking available; and • proposal is in breach of restrictive covenants.

Building Control Access – although an Access Statement has been provided with this application, the applicant has not shown how he will comply with the 16 Lifetime Homes criteria. A condition should be attached to any permission requiring this information to be submitted.

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Economic and Regeneration – no objection. Although the site comes under the scope of Policy E1a, it suffers from poor access and the potential for causing harm to the amenities of the adjacent properties. In this particular case, there seems to be mitigating circumstances such as access problems and proximity to the neighbouring residential properties to allow a departure from the policy (see file for full comments). Sustainable Transport – the stands do not appear to be protected from the elements. The long-term storage of bicycles outside in the British climate is not recommended and ideally any domiciliary parking should incorporate some sort of shelter from the elements. With appropriate spacing the 4No. Sheffield type stands should allow double sided parking for up to 8 No. cycles. Only 2 No. stands at appropriate spacing are necessary for the developer to comply with RBK minimum cycle parking provision of 1 space per dwelling (see file for full comments). Waste Management – I have looked at the plans and find the refuse storage and collection arrangements satisfactory. Highways and Transportation – 1 space should be provided for each flat. The proposal is 4 parking spaces short of the Council’s requirement. There are waiting restrictions outside the application site 8.30-6.30 Monday to Saturday to the south of the site and “at any time” to the north of the site. The turning circles appear inadequate for manoeuvring in and out of the car parking area. There is inadequate space for a fire engine – the applicant should consult the fire brigade for their comments. Conditions relating to visibility splays and car parking should be attached to any permission granted (see file for full comments). Site and Surroundings 1. This application relates to a 0.03 hectare backland site located to the

rear of 3 and 5 Chestnut Grove comprising a two-storey light industrial building (Class B1) accessed via a 2.8 metre wide access road running along the eastern edge of the site between Nos. 1 and 3 Chestnut Grove. The site is 15 metres wide and 15 metres deep and is located 45 metres to the west of the junction of Chestnut Grove with Coombe Road.

2. The surrounding area is mixed in use. There are residential properties

directly to the south, north and west of the site. There is also a block of office and residential uses to the east of the application site at Concord House 54-64 Coombe Road and a car park serving this building abuts the site to the east. The site is within the Lime Grove Local Area of Special Character as defined within the Council’s Unitary Development Plan and is located just outside of the boundary of the New Malden District Centre.

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Planning History 3. There have been a number of permissions relating to this site dating

back to 1949, when consent was granted for a builders yard, workshop and offices.

4. In 2002 an appeal (ref. APP/Z5630/A/02/1106493) was dismissed

against the non-determination of an application (ref. 02/14306/FUL) for the demolition of existing buildings and erection of two semi-detached houses (one bedroom and three bedrooms) with parking for three vehicles.

5. In 2002 an appeal (ref. APP/Z5630/A/02/1097642) was dismissed

against the refusal of an application (ref. 02/14067/FUL) for the demolition of existing buildings and erection of two semi-detached, four bedroom houses with parking for two vehicles.

6. In 2003 an application (ref. 03/14712/FUL) was refused for the

demolition of existing buildings and erection of a two-storey detached four-bedroom house.

7. In 2003 an application (ref. 03/14711/FUL) was refused for demolition

of existing buildings and erection of a two-storey office block with office accommodation in the roof. This was dismissed on appeal (ref. APP/Z5630/A/03/1135757) in 2004.

8. In 2004 an application (ref. 04/14032/FUL) was refused for demolition

of existing building and erection of two storey office block. This was allowed on appeal (ref. APP/Z5630/A/04/1149780) in 2004.

The Proposal 9. The application relates to the demolition of the existing building (Use

Class B1) and the erection of a two-storey detached building comprising 2 x 1-bedroom and 2 x studio flats with 1 off-street car parking and 4 cycle parking spaces accessed from Chestnut Grove. The two-storey proposed building would measure 12.5m wide and 7m long and 7.3m at its highest point (6.5 metres to top of corbel).

Considerations 10. The main issues in this case are:

• The principle of the residential development. • Impact upon the character of the area. • Residential amenity. • Parking provision and Highway safety. • Trees.

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The principle of residential development on the site 11. Although currently vacant, the site has been used for light industrial

purposes (Use Class B1) since 1949. No objection has been raised to the loss of the existing commercial use by the Council’s Economic and Regeneration Co-ordinator. Given the site is surrounded by residential properties the principle of residential development on the site is considered acceptable and raises no policy concerns.

Impact upon the character of the area. 12. The character of the surrounding area is quite mixed, being a transition

from the commercial centre of New Malden to the surrounding residential neighbourhoods. Chestnut Grove itself comprises a mixture of dwelling types showing a variety of architectural styles with several original houses in the street having been replaced by three storey flats and new two storey houses. There is a mixture of conventional house layouts with front and rear gardens and some intensive use of backland areas for parking, two examples of which border the site.

13. The existing industrial/office building on the site is relatively low for a

two-storey structure. The proposed residential building would be smaller in terms of width (0.1m less in width) and depth (1.2m less in depth) to the two-storey building approved on appeal (ref. 04/14032/FUL) in 2004. Whilst the proposed building would be 0.6m higher at its highest point (0.5m higher to top of corbel) it would be set back a further 0.8m from the rear boundary (22.8 metres from the rear wall) of the residential properties in Chestnut Grove. The proposed increase in the height of the building approved on appeal is considered to be acceptable and would not appear out of character within the context of the area.

The impact upon the residential amenities of the surrounding properties 14. The 4 new units created are of a size and layout that would provide a

satisfactory standard of accommodation for future occupiers. The impact of the development upon neighbouring properties is considered to be within acceptable limits. The proposed building would be set back by 8 metres from the rear boundary and 22.8 metres from the rear wall of the residential properties in Chestnut Grove. When compared with the existing building and the building allowed on appeal, the proposal would not result in any greater degree of overlooking or loss of privacy than that currently experienced by the residential properties in Chestnut Grove. The proposal raises no concerns in terms of loss of outlook, privacy or sunlight/daylight.

Parking provision and Highway safety. 15. In the 2004 appeal decision (ref. 03/14711/FUL) the Inspector

considered that 3 parking spaces (a shortfall of 4 parking spaces) for a proposed two-storey office building on the site was unacceptable and

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would be likely to unacceptably add to the pressure on existing kerbside parking in Chestnut Grove and would unacceptably detract from the amenities of local residents because of the increased difficulty in finding a parking space. The Inspector further considered that the additional time spent searching for spaces would also interfere with the free flow of traffic and result in additional noise and pollution.

16. This current proposal would utilise the existing means of access and

would now result in a shortfall of 3 as opposed to 4 parking spaces. 4 cycle parking spaces would also be provided. Given the proposed residential building would comprise 2 x studio and 2 x 1-bedroom flats it is unlikely that the proposal would generate the same level of parking pressure on existing kerbside parking in Chestnut Grove as the commercial scheme dismissed on appeal (ref. 03/14711/FUL) in 2004. In the circumstances surrounding the application site, it is recognised that the site is adjacent to the New Malden District Centre and within easy walking distance of bus routes and the train station and for these reasons it is considered that some relaxation in parking standards would be applicable. The application provides 1 off-street car parking space on the site which is considered to be acceptable given the site’s proximity to the town centre.

Trees 17. The application does not involve the removal of any trees. Conclusion 18. The principle of the replacement of the existing building is considered

to be acceptable. The proposed residential building would respect the character and appearance of surrounding properties and the local area and would have no greater impact upon the amenities of neighbouring properties in terms loss of outlook, sunlight/daylight or privacy.

RECOMMENDATION The proposed development would not significantly detract from the character of the area or the amenities of surrounding occupiers and would have no adverse impact on highway safety. Accordingly the proposal complies with The Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration Policies E1a, H1, H5, RES3, T1, T20, BE11, BE12 and STR6. It is recommended that planning permission be granted with the following conditions: 1. The development hereby permitted shall be commenced within 3 years

from the date of this decision. Reason: In order to comply with Section 91 of the Town and Country

Planning Act, 1990 (as amended).

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2. The garage or car parking accommodation shown upon the approved drawings shall be provided with a hard bound dust free surface, adequately drained before the development to which it relates is occupied and thereafter it shall be kept free from obstruction at all times for use by the occupier of the development and shall not thereafter be used for any purposes other than the parking of vehicles for the occupiers of the development and visitors to it.

Reason: To ensure the provision of adequate off-street parking

accommodation and to avoid the congestion of surrounding roads by parked vehicles in accordance with Policies T1 (Transport Safety) and T20 (Compliance with Car and Cycle Parking Standards) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

3. The development shall be completed in accordance with the following

details which shall have been submitted to and approved in writing by the Local Planning Authority, before building operations commence:

(a) materials for all external finishes (including their colour and texture);

(b) boundary treatment, (including walls, fences and gates); and, (c) treatment and layout of all parts of the site not covered by

the approved buildings, including hard and soft landscaping.

Reason: In the interests of the amenities and appearance of the area in

accordance with Policies BE11 (Design of New Buildings and Extensions) and STR6 (Conserving and Enhancing the Built Environment) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

4. Before the first occupation of the building hereby approved, adequate

access shall be provided for people with disabilities, in accordance with details which shall have been previously submitted to and approved in writing by the Local Planning Authority.

Reason: In order that the proposed building is accessible to persons

with disabilities and to comply with Section 76 of the Town and Country Planning Act 1990 (as amended) in accordance with Policy T13 (Facilities for People with Disabilities) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

5. Where the access meets the back edge of the footway

pedestrian/vehicular sightlines of 2.4m x 2.4m shall be provided in each direction and shall be permanently maintained free from any obstruction to visibility higher than 1.0 metres above ground level.

Reason: In the interests of vehicular and pedestrian safety in

accordance with Policy T1 (Transport Safety) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

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6. Prior to the commencement of the development details of secure covered cycle parking shall be submitted to and approved in writing by the Local Planning Authority, such facilities shall thereafter be permanently maintained and kept available for cycle parking purposes only and free from obstruction at all times.

Reason: To ensure the provision of satisfactory cycling storage facilities and in the interests of highway safety in accordance with policy T20 (Compliance with Car and Cycle Parking Standards) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

Informatives 1. Your attention is drawn to the guidance contained in: (i) the Council's publication "Access for All";

(ii) approved Document M (2004 edition) to the Building Regulations 2000;

(iii) Sections 4 and 7 of the Chronically Sick and Disabled Persons Act 1970;

(iv) the Code of Practice for Design of Buildings and their Approaches to meet the needs of disabled people (BS8300:2001); and,

(v) the Disability Discrimination Act 1995 and the relevant Regulations and Codes of Practice.

Further advice in this regard can be obtained by contacting the Council's Access Officer on 020 8547 5314.

2. Any vehicular crossing must be constructed in accordance with the

provisions of the Highways Act 1980 by the Head of Highways & Transportation, Directorate of Environmental Services, Guildhall 2, Kingston upon Thames.

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Maldens and Coombe Planning Sub-Committee

Date of Meeting: 12/04/2006 ______________________________________________________________ A2 Register No: 05/15106/ADV

Address: WARREN HOUSE, WARREN ROAD,

KINGSTON UPON THAMES, KT2 7HY Ward: Coombe Hill Description of Proposal: External illumination of existing sign RECOMMENDATION GRANT Plan Type: Advert Application Expiry Date: 15/02/2006 Applicant's Plan Nos: Site Location Plan Received 21/12/2005 Dimensions Received 21/12/2005 Proposed Location of Sign Received 21/12/2005 Additonal Information Received 05/12/2005 Quotation Received 05/12/2005 Luca Lamp Brochure Received 05/12/2005 Location of Existing Sign Received 05/12/2005


Unitary Development Plan First Alteration UDP Policies BE17 Signs and Advertisements BE3 Development in Conservation Areas BE6 Works Affecting the Character of Listed Buildings H1 Protection of Residential Amenities Consultations Neighbouring Occupiers 43 neighbours consulted. No objections received. Conservation and Design Team No objection English Heritage No objection

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Trees and Landscaping No objection Highways and Transportation No objection Borough Valuer No objection Maldens and Coombe Conservation Area Advisory Committee Object for the following reasons:

• The sign would set a precedent for illumination of other advertising signs within the Conservation Area; and

• Illumination is not in keeping with the character of the area. Site and Surroundings 1. Warren House is located on the north eastern side of Warren Road in

Kingston. Warren House is a conference facility and has a small free standing sign located at the southern side of the entrance to Warren House near the roadside.

2. Warren House is located within the Coombe Wood Conservation Area

and it is also a Listed Building. Relevant History 3. An application for a non-illuminated sign was refused planning

permission under 02/14200/ADV however this was allowed under appeal and granted permission in February 2003. This existing sign is proposed to be illuminated.

The Proposal 4. The proposal is for the external illumination of an existing sign which is

located at the main entrance of Warren House and measures approximately 1.2 m x 0.6 m and is supported by two steel poles. The total height of the sign is approximately 1.05 m above ground level. The sign reads “Warren House Conference Centre Ltd” with contact details at the bottom and a logo at the top.

5. It is proposed that one ‘Luca’ lamp will be installed below the existing

sign so that it may be illuminated in darkness for clients visiting the site. The light will be built into the ground to reduce any impact on the character and amenities of the area.

6. The proposed lamp will have a stainless steel or cast aluminium frame

and the glass surface will have non-slip glazing. 7. The dimensions of the lamp are approximately 670 mm by 150 mm and

will sit in the ground at a depth of approximately 130 mm.

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Considerations 8. The main issue in this case are:

(a) Impact on Residential amenity; and, (b) Impact on the character of the Coombe Wood Conservation

Area and a Listed Building. Impact on Residential Amenity 9. Given the modest scale nature of the sign (it would be at a relatively

low height) and the proposed illumination, there is not expected to be any nuisance arising from light spill into neighbouring properties from the sign. The nearest buildings to the sign are located at Amy Woodgate House/Coombe Oak (approximately 37 m to the west) and are surrounded by trees and shrubs which would protect the occupants from any potential light spill.

10. Additionally the illumination of the sign would be restricted to the hours

of the Warren House conference facility and therefore no illumination of the sign would be allowed between the hours of 10pm and 7am on any day of the week.

Impact on the character of the Coombe Wood Conservation Area and a Listed Building. 11. It is noted that the existing Warren House sign was allowed under

appeal, whereby the inspector states:

“The sign in this case measures 1.2m by just over 0.6m and would be neatly presented on two narrow steel poles, at an overall height of only 1.05m. Furthermore, it would be professionally executed in a traditional, ‘flatboard’ format. Particularly when picked out with modest gold text below a traditional-style emblem, the sign’s mainly charcoal grey finish would effectively mask its aluminium construction. It would appear, therefore as a restrained, traditional-style and generally attractive display wholly in keeping with its attractive and restrained conservation area setting. Furthermore, although sited on the shallow grass verge just to the right of the entrance, the sign because of its fairly modest size and height would not look unduly assertive or obtrusive when seen against the dense background provided by the tall, well established holly hedge which runs along the eastern boundary of Warren House. Also, the sign would not appear incongruous when seen in the wider context of broadly similar signs denoting other large premises in the vicinity”.

12. In respect of the Inspector’s comments above, the proposed modest

scale illumination is unlikely to be significantly more detrimental to the Listed Building and the wider Conservation Area than the actual sign itself.

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Conclusion and Summary Reason for Consent 13. It is considered that the installation of an ‘in-ground’ illuminating lamp

will not have any significant effects on the character or amenity of the Coombe Wood Conservation Area nor would the illumination have a detrimental effect on neighbouring occupiers. The proposal is therefore consistent with Policies H1, BE3, BE6 and BE17 of the Royal Borough of Kingston Unitary Development Plan First Alteration.

Recommendation It is recommended that advertising consent be granted for this application with the following conditions: 1. There shall be no illumination of the sign between the hours of

10.00pm and 7.00am on any day of the week (including weekends).

Reason: To protect the residential amenities of the surrounding occupiers in accordance with Policy H1 of the Royal Borough of Kingston Unitary Development Plan First Alteration.

2. Any advertisements displayed, and any site used for the display of

advertisements, shall be maintained in a clean and tidy condition to the reasonable satisfaction of the local planning authority. Reason: To comply with Regulation 13 of the Town & Country Planning (Control of Advertisement) Regulations 1992 in accordance with Policy BE17 (Signs and Advertisements) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

3. Where an advertisement is required under these Regulations to be

removed, the removal shall be carried out to the reasonable satisfaction of the Local Planning Authority. Reason: To comply with Regulation 13 of the Town & Country Planning (Control of Advertisement) Regulations 1992 in accordance with Policy BE17 (Signs and Advertisements) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

4. No advertisement is to be displayed without the permission of the

owner of the site or any other person with an interest in the site entitled to grant permission.

Reason: To comply with Regulation 13 of the Town & Country Planning (Control of Advertisement) Regulations 1992 in accordance with Policy BE17 (Signs and Advertisements) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

5. No advertisement shall be sited or displayed so as to obscure, or

hinder the ready interpretation of, any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any highway, railway, waterway (including any coastal waters) or aerodrome (civil or military).

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Reason: To comply with Regulation 13 of the Town & Country Planning (Control of Advertisement) Regulations 1992 in accordance with Policy BE17 (Signs and Advertisements) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

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Date of Meeting: 12/04/2006 ______________________________________________________________ A3 Register No: 06/14012/FUL

Address: 14 SOUTHWOOD AVENUE, KINGSTON

UPON THAMES, KT2 7HD Ward: Coombe Hill Description of Proposal: Demolition of existing dwelling house.

Erection of 1 x 6 bedroom house set over three floors, and 2 x 5 bedroom houses (set over 3 floors, to include accommodation in the roof space).

RECOMMENDATION PERMIT Plan Type: Full Application Expiry Date: 07/03/2006 Applicant's Plan Nos: Access Statement Received 13/02/2006 Arboticultural Method Statement Received 10/01/2006 Design Access & Sustainability Statement Received 10/01/2006 Legal Agreement dated 21.03.06 Received 22/03/2006 PL 01 Received 10/01/2006 PL 02 B Received 24/02/2006 PL 03 B Received 13/02/2006 PL 04 C Received 24/02/2006 PL 05 A Received 24/02/2006 Site Location Plan Received 10/01/2006 Legal Agreement dated 21/03/2006 Received 22/03/2006


Unitary Development Plan First Alteration UDP Policies BE11 Design of New Buildings and Extensions BE12 Layout and Amenity of Buildings and Extensions BE9 Trees and Soft Landscaping H1 Protection of Residential Amenities H5 New Residential Development H6 Residential Density RES3 Determination of Planning Applications RES8 Community Benefit STR6 Conserving and Enhancing the Built Environment T1 Transport Safety T20 Compliance with Car and Cycle Parking Standards

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Total Site Area 3000sq m Total Floor Area 1175sq m Density 117HRH Dwellings 3 Habitable rooms 35 Consultations: Trees and Landscape: No objections subject to conditions. Waste Management: No objections raised. Highways and Transportation: No objections raised. Building Control Access: Applicant has satisfied Lifetime Home Standards. English Heritage: No objections raised. 20 neighbouring properties were consulted; 6 letters of objection were received raising the following summarised points:

• Breach restrictive covenants • Harm to the character of the area • Increase road movement • Increase street parking • Impact on facilities • Impact on amenities • Overloading facilities • Impact on underground and surface water drainage • Too high with accommodation over 3 floors • Cramped development • Set an unwelcome precedent • Dominant appearance due to location on higher ground • Effect on springs and watercourses • Damage to foundations • Effect on trees • Effect on badger sett.

Site 1. This proposal relates to a site currently occupied by a detached, two-

storey dwellinghouse. Measuring some 55m across at its widest point by 75m deep, the ‘L’ shaped site is located on the northern end of Southwood Avenue. Coombe Wood Conservation Area lies to the north of the application site.

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2. The surrounding area is predominantly residential in character with detached houses located on relatively large plots.

3. There is a group Tree Preservation Order on the site. Relevant History 4. 05/14907/FUL: Demolition of existing dwelling house. Erection of 1 x

detached 6 bedroom house set over three floors, and 2 x detached 5 bedroom houses (set over three floors, to include accommodation in the roof space) Application withdrawn.

Proposal 5. This application is for the demolition of the existing dwelling and the

erection of a 1 x 6 bedroom house set over three floors, and 2 x 5 bedroom houses (set over 3 floors, to include accommodation in the roof space).

6. The 2 x 5 bedroom houses are to be located in the position of the

existing house. A new drive is proposed between the new houses leading to the proposed 1 x 6 bedroom house.

7. The proposed 6 bedroom house is to be located along the same

building line as Orchard House and no. 9 Southwood Avenue at the rear of the site.

8. The submitted drawings show compliance with Lifetime Home

Standards. Considerations 9. The main considerations in this case are as follows:-

• The principle of the proposed development • Design of the buildings and its impact on the character of the

area • The impact upon the residential amenities of the surrounding

properties. • Car parking and highway safety • Trees • Community Benefit

The Principle of the Proposed Development 10. Policy H2 (Residential and Other Uses in Residential Areas) states that

within residential area, the residential use of land will normally be an acceptable use. As such, the principle of residential development on the site is considered acceptable.

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Design of the building and its impact on the character of the area. 11. Policy H5 (New Residential Density) states that new residential

development should make most efficient use of land without damaging the character and amenity of established residential areas.

12. Under Policy H6 (Residential Density) it states that proposals for

residential development shall respect the density prevailing in the locality. It goes on to state that new housing proposals should normally be developed at a minimum density of 30 dwellings per hectare and that any existing development clearly out of character with the area will not set a precedent for higher densities. The “Residential Environment and Amenity Study” showed that a density of between123 - 173 habitable rooms per net residential hectare (HRH) was appropriate, as it was the prevailing density over the rest of the borough.

13. The area of the application site is 3000 square metres and the proposal

contains 35 habitable rooms resulting in a density of 117HRH. This is below the recommended density range of 123-173HRH. The 3 houses result in a density of 10 dwellings per hectare which is also below the recommended minimum density of 30DPH. However, it is considered that this relatively low density is acceptable given the character of the area. There is a distinct difference in density levels on Southwood Avenue. The northern end above the turning circle has a lower density measured at 4.5 dwellings per hectare while the lower part of the road is calculated as having 12 dwellings per hectare. The proposed density of 10DPH therefore fits comfortably between these two figures.

14. The mass and scale of the proposed house at the rear of the site

reflects the scale of the adjoining property at No 9 Southwood Avenue. The ridge and eaves height of the proposed building is also in keeping with the neighbouring property.

15. The proposed 2 x 5 bedroom houses at the front of the site are sited on

a similar foot print to the existing building and the main bulk of the proposed houses are the same distance to the turning circle of Southwood Avenue as the existing building. The proposed single storey attached garages have a minimum distance of 4m to the turning circle.

16. The overall footprint of the two front houses is 2.5m wider than existing

property. However, there is a distance of 5m between the two houses that would ensure the development does not result in a cramped appearance when viewed from Southwood Avenue.

The impact upon the residential amenities of the surrounding properties 17. The proposed house at the rear with accommodation in the roof would

not result in any signficant overlooking or loss of privacy for the existing surrounding occupiers. The windows on the western elevation facing no. 9 would be in obscure glazing. There are school grounds directly to

- A18 - MC Agenda 12-04-2006 (S)

the rear of the site. The rear gardens of Gate House Close are to the northwest of the site and the proposed dwelling would not have direct views. It is considered that the proposed building would not have a significant impact on the amenity and privacy of adjoining occupiers.

18. The proposed houses at the front of the site are in a similar position to

the existing house. The windows in the flank elevations of the buildings serve non habitable rooms and would not result in overlooking. The accommodation is to be set over 3 floors with large windows on the rear elevation. No. 9 Southwood Avenue is on higher ground and it is considered that the windows on the rear elevation would not result in unacceptable levels of over looking particularly given the distance of 28m between the proposed windows and the house itself and the trees on the boundary, which would partly obscure views.

Trees 19. The significant trees at this site are covered by Tree Preservation

Orders 7 of 1975 and 46 of 2001. 20. Of the trees identified for removal only the loss of T20 will be

significant. This is a large, mature Lombardy Poplar that is a prominent, skyline feature. The tree is, however, very close to the neighbouring house at 9 Southwood Avenue. Lombardy Poplars of this age are prone to shedding large limbs and it is considered that the tree is not suitable for retention given its condition and proximity to the house.

21. The proposals have been amended so that a mature Oak (T26) can be

properly protected during the development process. 22. The principle of constructing the proposed driveway between T21 and

T23, as described in the Arboricultural Method Statement, is acceptable but much greater detail will be required of the construction specification, working methods and the installation of drainage/services to demonstrate that this can be achieved without damaging the neighbouring trees (this would be controlled by condition).

23. A condition should be imposed with any planning permission that the

development is carried out and supervised in strict accordance with the Arboricultural Method Statement.

24. The applicant will also need to provide details of the proposed

landscaping for the site including replacement tree planting. Car Parking and Highway Safety 25. The Council’s Car Parking Standards recommends that a maximum of

3 parking spaces be provided for houses with 4 bedrooms or more. The six-bedroom house at the rear of the site would have a double garage and the two five-bedroom houses at the front of the site would have a single garage each, together with space for parking on their

- A19 - MC Agenda 12-04-2006 (S)

front drives As such, the proposal complies with the Council’s car parking standards, as well as, national guidance, which seeks to reduce reliance on the private car.

Community Benefit 26. An educational contribution of £6250 was requested under the

provisions of Policy RES 8, as the proposal involves the erection of two additional family dwellings which would be likely to result in an increase in pupil numbers within the borough. A legal agreement has been signed and completed by the applicant

Conclusion 27. It is considered that the demolition of a single family dwelling and its

replacement with 3 family dwellings on this site is acceptable. Summary Reason for Approval The proposed development would not prejudice highway safety or significantly detract from the amenities of surrounding occupiers or the character of the surrounding area. As such the proposal complies with policies H1, H5, H6, T1, T20, STR6, BE11, BE9 and RES3 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration. Permit subject to the following conditions:- 1. The development hereby permitted shall be commenced within 3 years

from the date of this decision.

Reason: In order to comply with Section 91 of the Town and Country Planning Act, 1990. (As amended)

2. The car parking and garages identified upon the approved drawings

shall be reserved for car parking by occupiers of the dwellings hereby permitted and their visitors and for no other purpose.

Reason: In order to reserve car parking spaces for the use of residents in accordance with Policies BE12 (Layout and Amenity of Buildings and Extensions), T1 (Transport Safety), T20 (Compliance with Car an Cycle Parking Standards) and T21a (Provision and Management of Public Car Parking) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

3. Full details of the materials, colour and texture of the external finish of

the three houses, front boundary wall and pillars and railings between houses 2 and 3 shall be submitted to and approved in writing by the Local Planning Authority before development commences and the development shall be constructed in accordance with the approved finishes.

- A20 - MC Agenda 12-04-2006 (S)

Reason: To ensure a satisfactory appearance on completion of the development in accordance with Policies BE11 (Design of New Buildings and Extensions) and STR6 (Conserving and Enhancing the Built Environment) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

4. The windows in the western elevation of building 1, the windows in the

western elevation of building 2 situated on the first and second floors and the windows in the eastern elevation of building 3 situated on the first and second floors shall be constructed so that no part of the framework less than 1.7m above finished floor level shall be openable. Any part below that level shall be fitted with, and retained in, obscure glazing of a patterned type only.

Reason: To protect the amenities and privacy of the occupiers of the adjoining residential properties in accordance with Policies BE12 (Layout and Amenity of Buildings and Extensions) and H1 (Protection of Residential Amenities) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

5. No development or other operations (including any tree felling, tree

pruning, demolition works, soil moving, temporary access construction and/or widening, or any operations involving the use of motorised vehicles or construction machinery) shall commence on site in connection with the development hereby approved until a detailed layout for services (including overhead services) and foul/surface water drainage has been submitted to and approved in writing by the Local Planning Authority. The layout shall be designed so as to avoid conflict with trees, shrubs and hedges both to be retained and planted, and shall provide for their long term retention. No development or other operations shall take place except in complete accordance with the approved service/drainage layout except if agreed in writing by the Local Planning Authority.

Reason: To ensure that damage to vegetation identified for retention is

avoided and to safeguard the visual amenities of the site in accordance with Policy BE9 (Trees and Soft Landscaping) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.


pruning, demolition works, soil moving, temporary access, construction and/or widening, or any operations involving the use of motorised vehicles or construction machinery) shall commence on site in connection with the development hereby approved until a detailed survey showing any proposed alterations in existing ground levels and/or surfacing within the site has been submitted to and approved in writing by the Local Planning Authority. No alterations in site levels or surfacing shall take place except in complete accordance with the approved plan or as otherwise agreed in writing by the Local Planning Authority.

- A21 - MC Agenda 12-04-2006 (S)

Reason: To ensure that damage to vegetation identified for retention is avoided and to safeguard the visual amenities of the site in accordance with Policy BE9 (Trees and Soft Landscaping) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.


pruning, demolition works, soil moving, temporary access construction and/or widening, or any operations involving the use of motorised vehicles or construction machinery) shall commence on site in connection with the development hereby approved until a detailed Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority. No development or other operations shall take place except in complete accordance with the approved Method Statement except if agreed in writing by the Local Planning Authority. The Method Statement shall include full detail of the following:

• detailed proposals as to how retained trees and other vegetation

will be protected during the demolition and construction process; • detailed proposals as to how the existing building will be

demolished to demonstrate how damage to trees will be avoided;

• detailed proposals as to how the proposed development will be constructed to demonstrate how damage to trees will be avoided; and,

• detailed proposals as to how the above measures will be implemented and supervised.


avoided and to safeguard the visual amenities of the site in accordance with Policy BE9 (Trees and Soft Landscaping) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

8. No development shall commence until a hard and soft landscaping

scheme including where applicable the retention of the existing trees shall have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented within the first planting season following completion of the development and the tree planting and landscaping shall thereafter be maintained for five years to the satisfaction of the Local Planning Authority. Any trees or shrubs which die during this period shall be replaced in the first available planting season, and the area shown to be landscaped shall be permanently retained for that purpose only.

Reason: In the interests of visual amenity and also that the Local

Planning Authority shall be satisfied as to the details of the development in accordance with Policy BE9 (Trees and Soft Landscaping) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

- A22 - MC Agenda 12-04-2006 (S)

9. Notwithstanding the hard landscaping shown on the approved drawings no further areas of hard standing shall be introduced within the application site without the prior written consent of the Local Planning Authority.


avoided in accordance with Policy BE9 (Trees and Soft Landscaping) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

10. Notwithstanding the provisions of Part 1 of Schedule 2 of the Town &

Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting this Order) no extensions (including porches or dormer windows) to the dwelling houses or buildings shall be erected within the curtilage.

Reason: To safeguard the privacy and amenity of adjoining occupiers,

maintain adequate amenity space and safeguard the cohesive appearance of the development in accordance with Policies BE11 (Design of New Buildings and Extensions), BE12 (Layout and Amenity of Buildings and Extensions), H1 (Protection of Residential Amenities), STR6 (Conserving and Enhancing the Built Environment), BE9 (Trees and Soft Landscaping) and T1 (Transport Safety) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

11. Fences, walls or other means of enclosure shall be erected along the

boundaries of the site (and individual plots) prior to the occupation of the dwelling to which they relate, in accordance with details which shall have been submitted to and approved in writing by the Local Planning Authority and shall thereafter be permanently retained.

Reason: In order to ensure the privacy of adjoining occupiers and

visual amenity of the area is retained in accordance with Policies BE11 (Design of New Buildings and Extensions), BE12 (Layout and Amenity of Buildings and Extensions), H1 (Protection of Residential Amenities) and STR6 (Conserving and Enhancing the Built Environment) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

12. Notwithstanding the provisions of the Town and Country Planning

(General Permitted Development) Order 1995 (or any Order revoking or re-enacting this Order) no further windows or other openings shall be formed in the western flank elevations of houses 1 and 2 and the eastern flank elevation of house 3 without the prior written consent of the Local Planning Authority.

Reason: To protect the amenities and privacy of the occupiers of the

adjoining residential properties in accordance with Policies BE12 (Layout and Amenity of Buildings and Extensions) and H1 (Protection of Residential Amenities) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

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Informatives: 1. The use of any type of film material affixed to clear glass is not

acceptable for the purposes of Condition 4. All glazing should conform with Approved Document N of the Building Regulations 1991 which provides guidance about the suitability of glass at low level and in critical locations.

2. You are advised that this planning permission has an accompanying

Planning Obligation/Legal agreement which requires the payment of a Financial Contribution towards Education Facilities prior to the occupation of the residential accommodation hereby permitted.

3. It will be necessary as a result of this development for works to be

carried to the existing highway network. The developer will be required into an agreement under section 278 of the Highways Act 1980 to ensure that this work is undertaken prior to the occupation of the development.

4. Any vehicular crossing must be constructed and any redundant

crossing reinstated as footway in accordance with the provisions of the Highways Act 1980 by the Head of Highways and Transportation, Directorate of Environmental Services, Guildhall 2, Kingston upon Thames.

5. The joists should be trimmed in the location recommended for the

through-floor lift and shown on the approved plans, to facilitate the installation of such a lift in the future unless otherwise agreed in writing by the Local Planning Authority.

6. The walls in the downstairs WC room and both bathrooms of the

houses hereby permitted should be reinforced between 300 and 1500mm above floor level to ensure that they are strong enough for grab rails to be installed in the future.

7. The applicant should ensure that the attention of prospective

purchasers is drawn to the benefits of the Lifetime Homes features so that they are able to take advantage of these features in the future. This is particularly important in the case of features that cannot be seen on a visual inspection, such as trimmed joists providing a location for a through-floor lift, and reinforced walls enabling the future fitting of grabrails.


Planning Obligation/Legal Agreement which requires the payment of a Financial Contribution towards Education Facilities prior to the occupation of the residential accommodation hereby permitted.

- A24 - MC Agenda 12-04-2006 (S)



Address: 78 HIGH STREET, NEW MALDEN, KT3

4ET Ward: Beverley Description of Proposal: Erection of first floor rear extension to form

1 x self contained studio flat RECOMMENDATION PERMIT Plan Type: Full Application Expiry Date: 21/03/2006 Applicant's Plan Nos: 121-01 A Received 13/01/2006 Letter received from M Protze Received 14/02/2006


Unitary Development Plan First Alteration UDP Policies BE11 Design of New Buildings and Extensions BE12 Layout and Amenity of Buildings and Extensions H1 Protection of Residential Amenities H4 Provision of Residential Accommodation Above Ground Floor H5 New Residential Development NM1 New Malden District Centre Priorities STR1 Housing Supply STR6 Conserving and Enhancing the Built Environment

Total Floor Area 41.36sq m Habitable rooms 1 No.oF Units 1

Consultations Neighbouring Occupiers 17 neighbours consulted. Two objections received from 12 Sussex Road and 78A High street. Main issues include inappropriate development; parking; loss of sunlight at 78A High street; loss of internal space at 78A High Street; and ventilation minimised at the premise.

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Highways and Transportation No objection Borough Valuer No objection Building Control and Access No objection Waste Management No objection Site and Surroundings 1. The site comprises a two storey building that predominantly consists of

office use. Two units are on the property (78 and 80 High Street). The surrounding area mainly consists of office and retail use.

2. 78 High Street is within the New Malden District Centre. Relevant History 05/14231/FUL Change of Use of first floor from B1 (Office)

to D1 (Oriental Medicine Centre) Permitted May 2005

89/1559/FUL Erection of second floor extension to form new offices.

Refused November 1989

27711 First floor office extension to rear. Refused December 1983

27012 Installation of new shop front and erection of single-storey rear extension

Permitted July 1983

26123 Erection of first floor rear extension for office use and second floor for use as two self-contained flats.

Refused October 1982

13052 Alterations and rear extension (also No. 80)

Permitted January 1974

The Proposal 3. The proposal involves the erection of a first floor rear extension above

an existing single storey flat roof at 78/80 High Street in the New Malden District Centre. The extension will accommodate a studio flat.

4. The first floor rear extension will have a depth of approximately 9m and

a width of approximately 5.2m. The height of the first floor flat will be approximately 3.6m to the top of the parapet walls. The first floor is proposed to be lower than the existing first floor at number 78.

5. The studio flat will consist of one bed/sitting room, a kitchen and a

bathroom and access will be via the existing access to the first floor at 78 High Street.

- A26 - MC Agenda 12-04-2006 (S)

Considerations 6. The main issue in this case are:

Principle of the proposed development; Impact on the character of the surrounding area; Impact on residential amenity; Parking; and Previous applications for similar developments.

Principle of the Proposed Development 7. The proposed unit at 78 High Street would provide a satisfactory level

of accommodation that is typical of developments above ground floor level in the District Centres. Adequate sunlight would be provided via a rear window and roof light.

8. Residential accommodation similar to that proposed above commercial

properties is characteristic of the New Malden High Street and is considered to be consistent with Policy H4 (Provision of Residential Accommodation Above Ground Floor) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

Impact on the Amenity of the Surrounding Area 9. The rear extension is not considered to have any significant effect on

the wider area in terms of amenity and it will not be a dominant feature with respect to other development at the rear of the High Street shops.

10. There are also other similar developments at the rear of the High Street

including a large rear fence extension at a neighbouring premises. 11. The new unit will not be seen from the High Street, or any neighbouring

street, and therefore its impact on the character of the wider area is considered to be minimal.

Impact on Residential Amenity 12. In terms of residential amenity, it is noted that there has been an

objection received from the tenant of the first floor at 78 High Street, who is concerned that light will be blocked to the existing Chinese medicine clinic.

13. Whilst this issue has been considered, the existing rear windows at the

clinic serve the kitchen and lobby and not the main clinic area; therefore any sunlight lost is not expected to have any significant effects on the main clinic. In relation to this, the applicant has stated that they would be prepared to install roof lights above the clinic to ensure there is adequate sunlight for the clinic. It is noted that the applicant also owns the property where the clinic is situated.

- A27 - MC Agenda 12-04-2006 (S)

14. Additionally, it is considered that no significant amounts of sunlight will be lost at the rear of the first floors on either side of number 78. The rear windows of these offices/retail units appear to serve stairwells or kitchen/bathroom areas and not habitable rooms. Therefore, any loss of light and effects on the amenities of the neighbouring sites is not anticipated to be significant.

Parking 15. It is noted that an objection to the proposal has been received in

relation to parking. Off street parking is considered to be not a significant issue given the location of the proposal within the New Malden District Centre, as the site is within close walking distance to the New Malden train station and on a main bus route between Kingston and Wimbledon.

Previous Applications for Similar Development 16. It is noted that there have been previous refusals (in 1983 and 1989) of

proposed first floor rear extensions at 78 High Street. Whilst of a similar nature, those extensions were proposed to be for office use, as opposed to residential accommodation. The reasons for those refusals included overdevelopment; impact on amenities; and a lack of off-street parking.

17. The current proposal is not considered to be a form of

overdevelopment, as there is an emphasis on the provision of residential accommodation above ground floor in the District Centres (Policy H4). Furthermore, similar developments have occurred in other areas of New Malden High Street.

18. With respect to the reasons for the earlier refusals in relation to

parking, standards on parking have since been relaxed in accordance with local and national policies. Therefore, a new residential unit in a District Centre would not necessarily require the provision of a parking space given the close proximity to services and public transport networks.

Conclusion and Summary Reason for Approval 19. The proposal would not have any significant adverse environmental

impact on the host property or those surrounding, nor will there be any significant adverse effects on the character of the New Malden District Centre. It is therefore consistent with Policies STR1, H1, H4, H5, STR6, BE11, BE12 and NM1 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

- A28 - MC Agenda 12-04-2006 (S)

Recommendation It is recommended that full planning permission be granted for this application with the following conditions: 1. The development hereby permitted shall be commenced within 3 years


Planning Act, 1990. (As amended) 2. The materials and finishes of the external walls and roof of the

development hereby permitted shall match in colour and texture those of the existing building, or such other materials as shall have been approved in writing by the Local Planning Authority.



(General Permitted Development) Order 1995 (or any Order revoking or re-enacting this Order) no windows or other openings shall be formed in the side flank walls of the building without the prior written consent of the Local Planning Authority.



4. Before the development is commenced, a scheme shall be submitted

to and approved in writing by the Local Planning Authority for the acoustic insulation of the building between the ground floor unit and the first floor studio flat above and beween the existing first floor unit and the first floor rear studio flat. The scheme shall be implemented before the buildings are first occupied and thereafter permanently retained.

Reason: In order to control the noise emanating therefrom and in the

interests of the residential amenities of the area in accordance with Policy MW7 (Noise) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

- A29 - MC Agenda 12-04-2006 (S)


Date of Meeting: 12/04/2006 ______________________________________________________________

A5 Register No: 06/14133/FUL Address: 66 TRAPS LANE, NEW MALDEN, KT3 4SE Ward: Coombe Vale Description of Proposal: Demolition of existing bungalow and

erection of 2 x two-storey detached houses (2 x 4-bedroom) with associated landscaping and parking.

RECOMMENDATION PERMIT Plan Type: Full Application Expiry Date: 14/04/2006 Applicant's Plan Nos: PL 20 Received 17/02/2006 PL 21 Received 17/02/2006 PL 22 Rev A Received 28/03/2006 Site Location Plan Received 17/02/2006 Design Statement Received 17/02/2006 Report on Lifetime Homes Standards Received 17/02/2006 Sustainability Statement Received 17/02/2006 Legal Agreement dated 03/03/2006 Received 06/03/2006


Unitary Development Plan First Alteration UDP Policies BE1 Strategic Areas of Special Character and the

Protection of Key Views BE11 Design of New Buildings and Extensions BE12 Layout and Amenity of Buildings and Extensions BE9 Trees and Soft Landscaping H1 Protection of Residential Amenities H6 Residential Density STR6 Conserving and Enhancing the Built Environment T1 Transport Safety T20 Compliance with Car and Cycle Parking Standards

- A30 - MC Agenda 12-04-2006 (S)

Total Site Area 1361sq m Total Floor Area 490sq m Density 132hrph Dwellings 2 Habitable rooms 18

Neighbouring occupiers – Site notice and 12 neighbours consulted – 19 letters of objection from residents in Traps Lane, Neville Avenue, Burghley Avenue, The Fairway and Warren Rise and from the Maldens and Coombe Estates Successors Ltd have been received making the following points:

• The development would fail to respect the prevailing density of the locality that would be out of character with the area.

• Overdevelopment and town cramming of the site that would set an undesirable precedent in the area.

• The proposal fails to address the reasons for refusal of the previous application (ref. 05/14911/FUL).

• Development is too large for the plot and out of proportion with existing houses on the road.

• Overlooking and loss of privacy. • Loss of daylight. • This is a site that is only suitable for 1 house. • Noise and disturbance. • The proposal will diminish the rural and rustic feel of the

Coombe Estate. • Loss of outlook. • Increase in traffic and on-road parking to the detriment of

pedestrian safety. • The proposal is in breach of restrictive covenants.

Highways and Transportation: no objection subject to condition and informatives. Trees and Landscape Section: the proposed development will need the removal of a couple of small fruit trees but no significant vegetation will be affected provided that it is properly protected during demolition/construction. The proposal is acceptable subject to conditions requiring details of tree protection, layout for existing and proposed services (including above ground services) and foul/surface water drainage and a scheme of landscaping being attached to any permission granted. Waste Management: The proposed changes specified do not have any effect on refuse collection. Building Control Access: There is generally insufficient detail provided in the Access Statement to demonstrate compliance with all 16 of the (relevant) Lifetime Homes criteria. In addition critical dimensions have not been marked on the plans as requested in our guidance to applicants. Borough Valuer: no observations to make on the application.

- A31 - MC Agenda 12-04-2006 (S)

Site and Surroundings 1. The application relates to a 0.1361ha site on the western side of Traps

Lane at the junction with Neville Avenue comprising a bungalow. The site is surrounded by residential properties and is within a strategic area of special character. There are existing vehicular access points onto both Traps Lane and Neville Avenue.

Planning History 2. In 1963 an application (ref. 4331) was approved for two detached

houses. 3. In 1964 an application (ref. 4682) was approved for a bungalow and

garage. 4. In 2005 an application (ref. 05/14911/FUL) was refused for demolition

of existing bungalow and erection of 2 x two-storey detached houses (2 x 5-bedroom) with accommodation in the roof space with associated landscaping and parking.

The Proposal

5. The application is for the demolition of the existing bungalow and

erection of 2 x two-storey 4-bedroom detached houses with associated landscaping and parking. The proposed house on plot 1 would measure 13.5m wide, 10m long and 8.9m high and would be set back by 17m (at its nearest point) from Traps Lane. A detached garage would be provided to the rear of this plot, close to the western boundary, and a further parking space accessed from the existing vehicular accesses onto Neville Avenue. The proposed house on plot 2 would measure 13.5m wide, 10m long and 8.9m high and would be set back by 18m (at its nearest point) from Traps Lane. A driveway would be provided to the front of the property to provide parking accessed from the existing vehicular accesses onto Traps Lane.

6. The application differs from the previous application (ref. 05/14911/FUL) refused in the following respects: • removal of accommodation in the roof space of the proposed

houses; • increase in length of gardens of proposed houses by 0.4m; • reduction in overall width by 1m (1m further away from boundary

with house on plot 2) and length by 0.1m of proposed house on plot 1;

• reduction in overall first floor width by 4m (1m further away from boundary with house on plot 2 and 3m further away at first floor level from boundary with 64 Traps Lane) and length by 0.1m of proposed house on plot 2;

• reduction in density of proposal from 183 to 132 habitable rooms per hectare;

• repositioning of proposed houses 0.4m further from the western boundary with 1 Neville Avenue.

- A32 - MC Agenda 12-04-2006 (S)

Considerations

7. The main issues in this case are: • The principle of the development. • Impact upon the character of the area. • Impact upon the residential amenities of the surrounding

properties. • Parking provision and Highway safety. • Trees. • Educational contribution

The principle of residential development on the site 8. Policy H2 (Residential and other uses in residential areas) states that

within residential areas, the residential use of land will normally be an acceptable use. As such, the principle of residential development on the site is considered acceptable.

Impact upon the character of the area. 9. There are no objections to the replacement of the existing bungalow

with 2 two-storey dwellings. It should be noted that the sub-division of plots within the immediate area has already been accepted by the granting of planning permission (ref. 05/15148/FUL) at the adjacent property 1 Neville Avenue. The wider area is predominately characterised by two-storey dwellings and in this respect it is noted that neighbouring properties are predominantly two-storey. The proposed dwellings would be set back on the same building line as those properties to the south fronting Traps Lane and are considered to be of a design and appearance that would not appear out of character within the context of the area.

10. The proposal would have a density of 14.6 dwellings per hectare or

132 habitable rooms per hectare. Whilst the proposal is below the minimum density of 30 dwellings per hectare required for new development, as set out in policy H6, it is in accordance with the 123-173 habitable rooms per hectare guideline normally applied within much of the borough. When compared with neighbouring properties on Traps Lane to the north and south, the width of the proposed plots would be similar and the proposal would not appear out of place within the street scene.

The impact upon the residential amenities of the surrounding properties 11. The impact of the development upon neighbouring properties is

considered to be within acceptable limits. The proposed dwellings would be located 14.8m from the western boundary with 1 Neville Avenue and would not extend beyond the rear building line of 64 Traps Lane. The proposed dwellings are considered to be suitably positioned and sufficiently distant so as to ensure no adverse impact on the amenities of neighbouring residential properties in Neville Avenue and Traps Lane in terms of loss of outlook, sunlight/daylight or privacy.

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12. It should be noted that planning permission (ref. 05/15148/FUL) was granted in 2006 for the erection of a detached two-storey four bedroom house with integral garage at 1 Neville Avenue. Whilst this dwelling has not been constructed, the proposed dwellings are suitably positioned and sufficiently distant (14.8m from the western boundary) so as to ensure no adverse impact on the amenities of this future neighbouring residential property should it be built.

Parking provision and Highway safety. 13. The proposal would utilise existing means of access onto Traps Lane

and Neville Avenue and raises no highway concerns. The proposed ground floor garages and the proposed driveway/hardstanding areas would provide adequate off street parking provision and no objections are therefore raised to this part of the proposal.

Trees 14. The proposal would involve the removal of 2 fruit trees on plot 2. These

trees are not protected and no objection is raised to their removal. A condition, however, requiring the planting of replacement trees for the trees to be lost in a suitable position is considered to be appropriate.

Educational Contribution 15. A contribution to the capital cost of educational provision in the

Borough would be required if planning permission were granted in relation to the 4-bedroom houses proposed and the probable increase in pupil numbers that would result. This is in accordance with UDP Policy RES8 and Government guidance contained within Circular 05/2005 on Planning Obligations.

16. A legal agreement securing such a contribution (£3125) has been

submitted with this application. Conclusion 17. The principle of the replacement of the existing house with 2 x two-

storey dwellings is considered to be acceptable. The proposed dwellings would respect the character and appearance of surrounding properties and the local area and would have no adverse impact upon the amenities of neighbouring properties in terms loss of outlook, sunlight/daylight or privacy.

RECOMMENDATION The proposed development would not significantly detract from the character of the area or the amenities of surrounding occupiers and would have no adverse impact on highway safety. Accordingly the proposal complies with the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration Policies H1, H6, T1, T20, BE1, BE9, BE11, BE12 and STR6.

- A34 - MC Agenda 12-04-2006 (S)

It is recommended that planning permission be granted with the following conditions: 1. The development hereby permitted shall be commenced within 3 years


Planning Act, 1990 (as amended). 2. The garage or car parking accommodation shown upon the approved

drawings shall be provided with a hard bound dust free surface, adequately drained before the development to which it relates is occupied and thereafter it shall be kept free from obstruction at all times for use by the occupier of the development and shall not thereafter be used for any purposes other than the parking of vehicles for the occupiers of the development and visitors to it.

Reason: To ensure the provision of adequate off-street parking

accommodation and to avoid the congestion of surrounding roads by parked vehicles in accordance with Policies T1 (Transport Safety) and T20 (Compliance with Car and Cycle Parking Standards) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.


Country Planning (General Permitted Development) Order, 1995 (or any Order revoking or re-enacting this Order) no extensions (including porches or dormer windows) to the dwelling houses or buildings shall be erected within the curtilage.

Reason: To safeguard the privacy and amenity of adjoining occupiers,

maintain adequate amenity space and safeguard the cohesive appearance of the development in accordance with Policies BE11 (Design of New Buildings and Extensions), BE12 (Layout and Amenity of Buildings and Extensions), H1 (Protection of Residential Amenities), STR6 (Conserving and Enhancing the Built Environment) and T1 (Transport Safety) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.


(General Permitted Development) Order 1995 (or any Order revoking or re-enacting this Order) no windows or other openings shall be formed in the southern flank wall of the house on plot 1 or the northern and southern flank walls of the house on plot 2 without the prior written consent of the Local Planning Authority.


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5. Fences, walls or other means of enclosure shall be erected along the boundaries of the site (and individual plots) prior to the occupation of the dwelling to which they relate, in accordance with details which shall have been submitted to and approved in writing by the Local Planning Authority and shall thereafter be permanently retained.

Reason: To ensure the provision of refuse facilities to the satisfaction

of the Council in accordance with Policies BE11 (Design of New Buildings and Extensions), BE12 (Layout and Amenity of Buildings and Extensions) and H1 (Protection of Residential Amenities) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

6. The levels of buildings, roads, parking areas and pathways within the

site shall only be in accordance with details which shall have previously been submitted to and approved in writing by the Local Planning Authority before development is commenced.

Reason: To ensure that the appearance and functioning of the

development is satisfactory and to safeguard the amenities of adjoining occupiers in accordance with Policies BE11 (Design of New Buildings and Extensions), BE12 (Layout and Amenity of Buildings and Extensions), H1 (Protection of Residential Amenities) and T13 (Facilities for People with Disabilities) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

7. The development shall be completed in accordance with the following

details which shall have been submitted to and approved in writing by the Local Planning Authority, before building operations commence: (a) materials for all external finishes (including their colour and

texture), and, (b) refuse storage facilities.

Reason: To safeguard the interests of the amenities and appearance of

the area in accordance with Policies BE11 (Design of New Buildings and Extensions) and STR6 (Conserving and Enhancing the Built Environment) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

8. No demolition, site clearance or building operations shall be

commenced until fencing to the standards set out in British Standard 5837:2005 "Trees in Relation to Construction – Recommendations” of a height not less than 1.5 metres has been erected around the trees shown on the approved drawings as being retained on the site. The fencing shall enclose either:- (a) the area described by the limit set out in Table 1 or (b) a radius as set out in Figure 2 of British Standard 5837:2005

"Trees in Relation to Construction – Recommendations, or alternatively

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(c) such an area as may have previously been approved in writing by the Local Planning Authority.

Such fencing shall be maintained during the course of development, and no storage, site structures, parking or any other operation shall be permitted within the area thereby enclosed.

Within the fencing: (a) levels shall not be raised or lowered in relation to the existing

ground level; (b) no roots shall be cut, trenches dug, or soil removed or drains

and services laid; (c) no buildings, site huts, roads or other engineering operations

shall be constructed or carried out; (d) no vehicles shall be driven over the area; (e) no materials or equipment shall be stored; and the destruction by burning of any materials shall not take place on the site or adjoining land unless the fires are at a minimum distance from the fenced area of 6.00 metres.

Reason: To prevent unnecessary damage occurring to the trees during

building operations, thereby safeguarding the visual amenities of the site in accordance with Policy BE9 (Trees and Soft Landscaping) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.


scheme including existing trees to be retained and the planting of replacement trees shall have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented within the first planting season following completion of the development and the tree planting and landscaping shall thereafter be maintained for five years to the satisfaction of the Local Planning Authority. Any trees or shrubs which die during this period shall be replaced in the first available planting season, and the area shown to be landscaped shall be permanently retained for that purpose only.


Planning Authority shall be satisfied as to the details of the development in accordance with Policy BE9 (Trees and Soft Landscaping) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

10. All works on site shall take place in accordance with the following

details which shall have previously been submitted to and approved in writing by the Local Planning Authority prior to the commencement of work: (a) storage of plant, materials and operatives vehicles; and, (b) location of all ancillary site buildings.

Reason: In order to safeguard the amenities of the surrounding residential occupiers and to safeguard highway safety and the free flow of traffic in accordance with Policies H1 (Protection of Residential

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Amenities), STR6 (Conserving and Enhancing the Built Environment) and T1 (Transport Safety), of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

Informatives: 1. Any works/events carried out either by, or at the behest of, the

developer, whether they are located on, or affecting a prospectively maintainable highway, as defined under Section 87 of the New Roads and Street Works Act 1991, or on or affecting the public highway, shall be co-ordinated under the requirements of the New Roads and Street Works Act 1991 and the Traffic Management Act 2004 and licensed accordingly in order to secure the expeditious movement of traffic by minimising disruption to users of the highway network in Kingston upon Thames.

2. Any such works or events commissioned by the developer and

particularly those involving the connection of any utility to the site, shall be co-ordinated by them in liaison with the Royal Borough of Kingston upon Thames, Street Works Section, (telephone 020 8547 5982). This must take place at least one month in advance of the works and particularly to ensure that statutory undertaker connections/supplies to the site are co-ordinated to take place wherever possible at the same time.



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Address: 14 SOUTH PARK GROVE, NEW MALDEN,

KT3 5BZ Ward: Beverley Description of Proposal: Erection of first floor side extension

including associated roof extensions RECOMMENDATION PERMIT Plan Type: Full Application Expiry Date: 24/04/2006 Applicant's Plan Nos: TP/0614-1 Received 27/02/2006 TP/0614-2 Received 27/02/2006 Site Location Plan Received 27/02/2006


Unitary Development Plan First Alteration UDP Policies BE11 Design of New Buildings and Extensions H1 Protection of Residential Amenities RES6 Provision of Adequate Infrastructure

Consultations: Neighbouring Occupiers - 7 neighbouring properties consulted. Objections from 3 local Residents have been received regarding:

• Damage to neighbouring properties • Encroachment • Loss of outlook • Devalue property. • Loss of privacy • Loss of light, privacy and outlook to window in flank wall of 12B

South Park Grove.

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Site and Surroundings 1. This application relates to a two-storey semi-detached dwelling house

on the eastern side of South Park Grove located within a residential area.

Relevant history 2. 04/14738/FUL Erection of first floor side and rear extension including

extension to hipped roof. Refused, Appeal Dismissed. 3. 03/15042/FUL Erection of a single storey side and rear extension.

Permission granted.

The Proposal 4. The application is for the erection of a first floor side extension over the

permitted single storey side extension. Works have commenced. 5. The current application represents a reduction to the previously refused

scheme, as it does not include a first floor rear extension. Considerations 6. The main issues in this case are:

• Design and impact of the development upon the character of the area

• Impact upon residential amenities Design and Impact of the development upon the character of the Area 7. The proposed first floor side extension is set back from the front

elevation and is a metre from the boundary with the neighbouring property. The Council’s Supplementary Planning Guidance on Residential Extensions advises that two storey extensions be set back a metre from the boundary to avoid a terracing effect and built in materials to match the existing. It is considered that the proposed extension complies with this guidance and would not detract from the character of the host building or surrounding area.

Impact of the development upon residential amenities 8. The proposed first floor side extension is within approximately 1.8

metres of the flank wall of 12B South Park Grove. There is a first floor window in this neighbouring flank wall at 12B, which serves a landing. The proposed extension would result in some loss of light to and loss of outlook from this window, given the proximity of the flank wall of the proposed two-storey side extension. However, as the window does not serve a habitable room, it is north facing, and the existing flank wall of 14 South Park Grove is only some 4m from this landing window, it is considered that the proposed extension would not have such a significant impact on the living conditions of the occupier of 12B as to warrant refusing the application.

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9. Furthermore, the Inspector when determining an appeal against the previously refused larger scheme noted that the Council had not raised any objection to the first floor side extension included in this previous proposal and stated that “…having considered this for myself, I have no reason to take a different view…”

10. The inspector also stated “…the windows in the side walls of 12B do

not appear to serve habitable rooms” and that the “…proposed development would not be unduly detrimental to the living conditions of neighbouring residents”.

Conclusion 11. It is considered that the proposed extension, given its siting and design

and the existing situation on site, would not have a significant adverse impact on the amenities of the neighbouring occupiers or the character of the area.

Recommendation The proposed extension would not cause undue harm to the visual and residential amenities of the neighbouring occupiers. It is therefore in accordance with policies STR6, H1 and BE11 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and the Council’s Supplementary Planning Guidance on Residential Extensions. It is therefore recommended that planning permission be granted with the following conditions: 1. The development hereby permitted shall be commenced within 3 years


Reason: In order to comply with Section 91 of the Town and Country Planning Act, 1990. (As amended).

2. The materials and finishes of the external walls and roof of the


Reason: To ensure a satisfactory appearance on completion of the

development in accordance with Policy BE11 (Design of New Buildings and Extensions of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.


(General Permitted Development) Order 1995 (or any Order revoking or re-enacting this Order) no further windows or other openings shall be formed in the side elevation of the first floor side extension without the prior written consent of the Local Planning Authority.

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Reason: To protect the amenities and privacy of the occupiers of the adjoining residential properties in accordance with Policies BE12 (Layout and Amenity of Buildings and Extensions) and H1 (Protection of Residential Amenities) of the Royal Borough of Kingston upon Thames Unitary Development First Alteration.

4. The windows in the side elevation of the extension hereby permitted,

shall be constructed so that no part of the framework less than 1.7m above finished floor level shall be openable. Any part below that level shall be fitted with, and retained in, obscure glazing of a patterned type only.




acceptable for the purposes of condition 4. All glazing should conform with Approved Document N of the Building Regulations 2000, which provides guidance about the suitability of glass at low level and in critical locations.

2. The applicant's attention is drawn to the attached guidelines from the

Borough Environmental Health Officer regarding possible environmental nuisance caused by the development.

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Address: 120 KINGSTON ROAD, NEW MALDEN,

KT3 3ND Ward: Beverley Description of Proposal: Demolition of existing building. Erection of

1 x block of 7 flats (4 x 2 bedroom, 3 x 1 bedroom) set over 3 floors, 1 floor of which is contained in the roofspace. Parking provision for 6 vehicles to the front of building

RECOMMENDATION PERMIT Plan Type: Full Application Expiry Date: 04/05/2006 Applicant's Plan Nos: Site Location Plan Received 06/03/2006 Design Sustainabily & Access Statement Received 06/03/2006 KVK 51 G Received 06/03/2006 KVK 52 D Received 06/03/2006 KVK 53 E Received 06/03/2006 KVK 54 E Received 06/03/2006 KVK 55 B Received 06/03/2006 Legal Agreement dated 16/03/2006 Dated 23/03/2006


Unitary Development Plan First Alteration UDP Policies BE11 Design of New Buildings and Extensions BE9 Trees and Soft Landscaping H1 Protection of Residential Amenities H2 Residential and Other Uses in Residential Areas H5 New Residential Development H6 Residential Density RES8 Community Benefit T1 Transport Safety T20 Compliance with Car and Cycle Parking Standards

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Total Site Area 807.5sq m Total Floor Area 191sq m Density 222HRH Habitable rooms 18 No.oF Units 7 Consultations: Maldens and Coombe Traffic Engineer Visitors will be required to park on-street. The bus stop clearway immediately outside the site may cause sightline problems for drivers turning right onto Kingston Road. Recommends conditions relating to the parking area visibility splays. 57 neighbouring properties were consulted. 4 letters of objection have been received raising the following summarised concerns:- • Lack of parking on a main traffic route and in an area that is already

heavily congested by parked vehicles (for example Grayham Road and Newborough Green).

• Overlooking and loss of privacy. • Noise and general disturbance generated by occupiers and their vehicles. • Increased pollution generated by vehicles. • A new build block of flats would be out of character in an area

characterised by older style houses. • The amendments to the scheme do not overcome the previous reasons

for refusal. • The parking is not functional. • Impact on drainage system; will it be able to cope? . • Who would be responsible for the maintenance of any landscaping? • Is there any need for additional homes in New Malden? Site 1. This proposal relates to a site currently occupied by a detached, two-

storey dwellinghouse. Measuring some 16m wide by 47m deep, the site is located on the southern side of Kingston Road.

2. The surrounding area is predominantly residential in character.

Adjoining the site to the east Nos 104-118 are maisonettes, adjoining the site to the west are detached houses similar to the property on the application site. To the south of the application site is Newborough Green, a development of 44 houses built in the 1950s. On the other side of Kingston Road to the north of the application site is Dorchester Mews, a development of 36 houses built in the 1980s. There is also a three storey block of flats opposite the application site.

3. There is a group Tree Preservation Order on the site.

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Relevant History 4. 04/15122/FUL: Demolition of existing buildings and erection of four

storey block of eleven 2-bed flats and three 1-bed flats with basement and external parking for 14 vehicles: Refuse Full Application 01/02/2005

05/14742/FUL: Demolition of existing dwelling. Erection of 1 x block of 7 flats (6 x 2 bed, 1 x 1 bed), set over 3 floors, 1 floor of which is contained in the roof space. Parking provision for 6 vehicles to front of building. Application Withdrawn 10/10/2005

05/15168/FUL: Demolition of existing dwelling. Erection of 1 x block of 7 flats (4 x 2 bed, 3 x 1 bed), set over 3 floors, 1 floor of which is contained in the roof space. Parking provision for 6 vehicles to front of building. Refuse Full Application 02/02/2006

Proposal 5. This application is for the demolition of the existing dwelling and the

erection of a block of 7 flats (4 x 2 and 3 x 1 bed), set over 3 floors. One of the floors is partly contained in the roof space. Parking provision has been shown for 6 vehicles to the front of building.

6. The overall height of the proposed building is 9.4m and the eaves

height of the building is 5.8m. 7. The proposed building is 1.5m from the boundaries with adjoining

properties. This is an increase of 1.5m on the eastern boundary, as the existing single storey extension is built to the boundary and an increase of 0.5m on the western boundary. The building is set back 9m from the front boundary and 23.5m from the rear boundary.

8. The main differences between the proposed scheme and the

previously refused scheme are as follows:

• The design of the development has been altered to reflect the design of the neighbouring maisonettes.

• There has been a 0.6m reduction in height from the previously refused scheme.

• Gables and windows have been introduced at second floor level to improve the standard of accommodation provided in the roof space.

9. The submitted drawings show compliance with wheelchair housing in

Flat G1. The Council’s Access officer has advised that most of the requirements for wheelchair housing have been met by flat G1 and flat G2 is in compliance with Lifetime Home Standards.

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Considerations 10. The main considerations in this case are as follows:-

• The principle of the proposed development • Design of the building and its impact on the character of the area • The impact upon the residential amenities of the surrounding

properties. • Car parking and highway safety • Trees • Community Benefit

The Principle of the Proposed Development 11. Policy H2 (Residential and Other Uses in Residential Areas) states that

within residential area, the residential use of land will normally be an acceptable use. As such, the principle of residential development on the site is considered acceptable.

Design of the building and its impact on the character of the area. 12. Policy H5 (New Residential Density) states that new residential

development should make most efficient use of land without damaging the character and amenity of established residential areas.

13. Under Policy H6 (Residential Density) it states that proposals for

residential development shall respect the density prevailing in the locality. It goes on to state that new housing proposals should normally be developed at a minimum density of 30 dwellings per hectare and that any existing development clearly out of character with the area will not set a precedent for higher densities. The “Residential Environment and Amenity Study” showed that a density of between123 -173 habitable rooms per net residential hectare was appropriate, as it was the prevailing density over the rest of the borough.

14. The area of the application site is 807.5 square metres and the

proposal contains 18 habitable rooms resulting in a density of 222 habitable rooms per hectare. This is in excess of the levels defined in Policy H6. However PPG 3 and Policy H6 state that higher densities may be appropriate for new residential development particularly in areas close to town centres and well served by public transport and where it would not be out of character with the surrounding area.

15. The scale of the building reflects the scale of the adjoining properties

on Kingston Road. The ridge and eaves height of the proposed building is in keeping with the adjacent properties. The property would in fact be lower than the existing building on site and neighbouring buildings. The roof form reflects the roof form of the nearby dwellings.

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16. The proposed building is sited on a similar foot print to the existing buildings on site and 1.5m gap would be provided between the flank walls and the boundary. This would maintain the space between properties and avoid a cramped appearance.

The impact upon the residential amenities of the surrounding properties 17. The proposed building with accommodation in the roof would have a

lesser width than the existing property at ground floor level. However, the width at first floor would be greater by 5m. The two storey flank walls are set back 1.5m from the boundary and would not extend beyond the rear of the adjoining properties. The windows proposed for the flank elevation serve bathrooms and kitchens and can be obscure glazed to protect the privacy of adjoining occupiers. It is considered that the proposed building would not have a significant impact on the amenity and privacy of adjoining occupiers.

18. There is a two storey 3m deep projection proposed to the rear of the

property. This is 4.7m from the boundaries with both neighbouring properties. It is considered that the increased depth would not have an adverse impact on the amenities of adjoining occupiers given the distance to the boundaries. All parking provision is to the front of the property.

Trees 19. The proposed hard surfacing for the parking spaces in the front garden

has the potential to cause significant damage to the root systems of the protected Lawson Cypress on the SE boundary of the front garden and the protected Yew in the front garden of 122 Kingston Road. A condition requiring the applicant to show how the works will be undertaken to avoid damage to the protected tree is suggested.

Car Parking and Highway Safety 20. The Council’s modified communal Car Parking Standards recommends

that a maximum of 1 assigned parking space be provided for each of the seven flats. Six spaces are to be provided. As such the proposal complies with the Council’s car parking standards as well as national guidance which seeks to reduce reliance on the private car. It should also be noted that Kingston road is part of the Bus Priority Network.

21. Attention is also drawn to the recent appeal decision at 132 Malden

Road allowing the demolition of the existing building and erection of 4 x 3 bedroom flats and 2 x 2 bedroom flats with provision for three car parking spaces. The inspector felt that the site met the criteria for encouraging travel by mode other than the car noting the strict parking limitations in the vicinity of the site and the nature of the proposed accommodation. Three spaces was therefore considered sufficient.

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22. It is proposed to relocate the vehicular access to the site to a central position on the front boundary. It is considered that there will be no adverse impact on highway safety.

Community Benefit 23. An educational contribution of £1875 has been submitted by the

applicant under the provisions of Policy RES 8, as the proposal involves the demolition of a single family dwelling and the erection of 4 x 2 bed flats. This would be likely to result in an increase in pupil numbers within the borough.

Conclusion 24. It is considered that the demolition of a single family dwelling and its

replacement with 7 no. flats on this site is considered acceptable. Summary Reason for Approval The proposed development would not prejudice highway safety or significantly detract from the amenities of surrounding occupiers or the character of the surrounding area. As such the proposal complies with policies H1, H5, H6, T1, T20, STR6, BE11, BE9 and RES3 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration. Permit subject to the following conditions:- 1. The development hereby permitted shall be commenced within 3 years


Reason: In order to comply with Section 91 of the Town and Country Planning Act 1990. (As amended)

2. The car parking identified upon the approved drawings shall be

reserved for car parking by occupiers of the dwellings hereby permitted and their visitors and for no other purpose.

Reason: In order to reserve car parking spaces for the use of residents in accordance with Policies BE12 (Layout and Amenity of Buildings and Extensions), T1 (Transport Safety), T20 (Compliance with Car an Cycle Parking Standards) and T21a (Provision and Management of Public Car Parking) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.


the building and front boundary wall shall be submitted to and approved in writing by the Local Planning Authority before development commences and the development shall be constructed in accordance with the approved finishes.

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Reason: To ensure a satisfactory appearance on completion of the development. in accordance with Policies BE11 (Design of New Buildings and Extensions) and STR6 (Conserving and Enhancing the Built Environment) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

4. No development shall commence until a landscaping scheme including

where applicable the retention of the existing trees shall have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented within the first planting season following completion of the development and the tree planting and landscaping shall thereafter be maintained for five years to the satisfaction of the Local Planning Authority. Any trees or shrubs which die during this period shall be replaced in the first available planting season, and the area shown to be landscaped shall be permanently retained for that purpose only. The landscaping scheme shall include:

(a) detail of the load bearing capacity of the soil beneath the

proposed parking spaces in the front garden to demonstrate that it is capable of bearing the loads that will be placed upon it;

(b) construction details for the proposed parking spaces in the front garden, and a detailed method statement explaining how and when the work will be carried out and supervised so that damage to the neighbouring trees is avoided;

(c) detail as to how trees to be retained (both within and adjoining the site) will be protected to avoid damage during the demolition/construction process. The detail should include the position and construction of protective fencing (clearly shown on the plans) and any other means that will be employed to ensure that damage to trees is minimised/avoided;

(d) detailed layout for services (including above ground services) and foul/surface water drainage. The layout should be designed so as to avoid conflict with trees, shrubs and hedges both to be retained and planted, and provide for their long term retention;

(e) detailed scheme of landscaping. The landscaping scheme should include details of hard landscaping, planting plans, written specifications (including cultivation and other operations associated with tree, shrub, hedge or grass establishment) and schedules of plants (noting species, plant sizes and proposed numbers/densities);

(f) detail of the foundations for the proposed front boundary wall demonstrating how these will minimise excavation and avoid damage to the root systems of surrounding trees; and,

(g) brief method statement explaining how the wall built so that damage to surrounding trees is avoided.

Reason: In the interests of visual amenity and also that the Local Planning Authority shall be satisfied as to the details of the development in accordance with Policy BE9 (Trees and Soft Landscaping) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

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5. The windows in the northwest and southeast elevations and situated on the ground and first floor of the building hereby permitted, shall be constructed so that no part of the framework less than 1.7m above finished floor level shall be openable. Any part below that level shall be fitted with, and retained in, obscure glazing of a patterned type only. Reason: To protect the amenities and privacy of the occupiers of the adjoining residential properties in accordance with Policies BE12 (Layout and Amenity of Buildings and Extensions) and H1 (Protection of Residential Amenities) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

6. Prior to the commencement of the development full details of secure

covered cycle parking shall be submitted to and approved in writing by the Local Planning Authority, such facilities shall thereafter be permanently maintained and kept available for cycle parking purposes only and free from obstruction at all times.

Reason: To ensure the provision of satisfactory cycling storage facilities and in the interests of highway safety in accordance with Policies T20 and T15 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

7. Prior to the commencement of the development details of pedestrian/ vehicular visibility splays shall be submitted to and approved in writing by the local planning authority. Such visibility splays shall then be provided prior to the occupation of the development and permanently retained free from obstruction for the life of the development Reason: IN the interests of highway safety in accordance with Policy T1 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.


acceptable for the purposes of Condition 5. All glazing should conform with Approved Document N of the Building Regulations 1991 which provides guidance about the suitability of glass at low level and in critical locations.


Planning Obligation/Legal agreement which requires the payment of a Financial Contribution towards Education Facilities prior to the occupation of the residential accommodation hereby permitted.

3. It will be necessary as a result of this development for works to be

carried to the existing highway network. The developer will be required into an agreement under section 278 of the Highways Act 1980 to ensure that this work is undertaken prior to the occupation of the development.

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4. Any vehicular crossing must be constructed and any redundant crossing reinstated as footway in accordance with the provisions of the Highways Act 1980 by the Head of Highways and Transportation, Directorate of Environmental Services, Guildhall 2, Kingston upon Thames.



- A51 - MC Agenda 12-04-2006 (S)



Address: 123 HIGH STREET, NEW MALDEN, KT3

3PU Ward: Beverley Description of Proposal: Change of use to mixed A1/A3 (coffee

shop) including alterations to shop front RECOMMENDATION PERMIT Plan Type: Full Application Expiry Date: 06/02/2006 Applicant's Plan Nos: 02 Received 12/12/2005 03 rev A Received 12/12/2005 Access Statement Received 12/12/2005 Site Location Plan Received 12/12/2005 Supporting Statement Received 12/12/2005


Unitary Development Plan First Alteration UDP Policies BE21 Noise DC3 Shopping Frontages in District Centres H1 Protection of Residential Amenities NM1 New Malden District Centre Priorities STR6 Conserving and Enhancing the Built Environment

Total Site Area 100sq m Total Floor Area 94sq m

Consultations: 16 neighbouring properties were consulted: 2 letters and a petition of 24 signatories have been received objecting on the

following summarised grounds: • Too many coffee shops on the High Street • There is a need to attract more retail into the area.

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• For the High Street to Benefit from the £1.6 million investment, Planning and Development must give priority to retail use and not increase A1/A3 usage.

Site 1. No. 123 is a vacant shop on the western side of New Malden High

Street. It was previously an A1 retail unit. 2. New Malden High Street is a District Centre. The shops to either side

of the application site are in A1 retail use. Relevant History 3. No relevant history Proposal 4. This application is for the change of use to mixed A1(retail)/A3 (café) to

provide a Costa Coffee outlet including alterations to shop front. 5. The proposal also involves alterations to the front elevation to provide a

new shopfront. Considerations 6. The main considerations in this case are as follows:-

• The principle of the proposed use • Impact of the proposal on the vitality of the High Street • Residential Amenity • Shopfront Design

The Principle of the Proposed Use 7. Policy DC 3 aims to protect A1 frontage of the primary shopping areas

within the district centres and prevent a clustering of non A1 uses. The properties either side of the application site are in A1 use. Therefore it is considered that the proposal would not result in a clustering of non A1 uses, as it would not result in a significant break of A1 frontages.

8. The percentage of A1 units in the primary shopping area currently

stands at 68%. Policy DC3 states that proposals which result in the overall proportion of non shop uses in the primary frontage exceeding 30% will be resisted. The proposed use is a mixed A1/A3 use.

9. It should be noted that when determining an appeal against an

enforcement notice issued by Winchester City Council alleging a change of use from A1 to A3 without the benefit of planning permission, an Inspector noted that as the A1 element occupied the front of the shop, a retail frontage was retained.

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10. The location of the A1 element at the front of the premises can be secured by condition.

Impact of the Proposal on the Vitality of the High Street 11. When determining the appeal mentioned above the Inspector decided

that the main issue of the appeal was the effect of the coffee shop on the vitality and viability of the Primary Shopping Area, having regard to relevant local policy for the protection of its primary retail function. He concluded that the use had no adverse impact on the vitality or viability of the Primary Shopping Area, as it maintains pedestrian flow, it needs to be located at ground floor level within a Primary Shopping Area and it compliments the retail function. It is considered that this view applies equally in this instance, particularly since it would not result in a clustering of non-A1 uses and the overall percentage of A1 uses would only be slightly below the recommended minimum of 70% in a primary frontage.

Residential Amenity 12. There are residential flats above most of the ground floor shops in this

area and therefore conditions are required to protect the amenity of these residents. There is also a residential area to the rear of the site. However, previous Inspectors’ decisions relating to A3 uses in this area (107 High Street and 161 High Street) recognise that these residents cannot expect the same level of amenity as in a solely residential area. Furthermore, protection can still be provided by condition and accordingly conditions are recommended to protect residents from various aspects of the use such as the operating hours of the use and noise levels. Subject to the conditions recommended in this report, it is not considered there would be a detrimental impact on the residential amenity of occupiers in the area.

Shopfront Design 13. A modern glazed shopfront is proposed. The proposed shop front is in

keeping with the street scene and would not detract from the character of the area.

Conclusion 14. It is considered that the proposed change of use would not have an

adverse impact on the vitality of the district centre or residential amenity.

Recommendation Summary Reasons for Approval 1. The use would not detract from the predominantly retail character or

the vitality and viability of New Malden District Centre or result in a loss of amenity to residential properties. As such, it is considered to be acceptable having regard to Policies DC3, NM1, H1 and BE21 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

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2. The proposed shop front would not have an adverse impact on the appearance or character of the surrounding area in accordance with Policies H1 and STR6 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

Permit subject to the following conditions:- 1. The development hereby permitted shall be commenced within 3 years


Reason: In order to comply with Section 91 of the Town and Country Planning Act 1990. (As amended)

2. The premises shall not be used other than as a mixed use A1/A3

coffee bar serving coffee, other hot and cold drinks, sandwiches and similar light refreshments for consumption on or off the premises.

Reason: To ensure the continued vitality and viability of the area in accordance with Policy DC3 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration..


the alterations shall be submitted to and approved in writing by the Local Planning Authority before development commences and the development shall be constructed in accordance with the approved finishes.


4. Prior to the commencement of the development details of refuse

storage facilities shall be submitted to and approved in writing by the Local Planning Authority The refuse storage facilities shall then be permanently retained for the life of the development.

Reason: To ensure the provision of refuse facilities to the satisfaction of the Council in accordance with Policies H1 (Protection of Residential Amenities), STR6 (Conserving and Enhancing the Built Environment) and MW2 (Waste and Environment) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

5. The premises shall not be used for the purposes hereby permitted

before 0800 or after 2300 hours on any day.

Reason: To safeguard the amenities of the occupiers of the neighbouring properties in accordance with Policies BE12 (Layout and Amenity of Buildings and Extensions) and H1 (Protection of Residential Amenities) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

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6. No external lighting shall be installed without the prior written approval of the Local Planning Authority.

Reason: In order that the lighting shall not cause nuisance to nearby occupiers in accordance with Policy H1 (Protection of Residential Amenities) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

7. Prior to the commencement of the development, details shall be

submitted to and approved in writing by the Local Planning Authority for the effective control of fumes and odours from the premises (including their noise insulation). The scheme shall be implemented prior to the commencement of the development and maintained for the duration of the use.

Reason: In the interests of the amenities of the area in accordance with Policies H1 (Protection of Residential Amenities) and STR11 (Recycling) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

8. The use shall be restricted to the area within the building as shown on

the hereby approved plan 02 received on 23 March 2006.

Reason: To safeguard the amenities of the occupiers of the neighbouring properties in accordance with Policies H1 (Protection of Residential Amenities) and BE21 (Noise) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

9. The rating level of the noise emitted from the use hereby approved

shall be at least 5dBA lower than the existing background noise level at any given time of operation. The noise levels shall be determined 1m externally to any window at the nearest residential façade. Measurements and assessment shall be carried out in accordance with British Standard 4142:1997.

Reason: To safeguard the amenities of the occupiers of the neighbouring properties in accordance with Policies H1 (Protection of Residential Amenities) and BE21 (Noise) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

10. Before the development hereby permitted is commenced, a scheme for protecting the residential unit above from noise generated by the proposed ground floor use shall be submitted to and approved in writing by the Local Planning Authority. Any works which form part of the scheme shall be completed before the use hereby permitted commences and shall be permanently retained for the life of the development.

Reason: In order to safeguard the amenities of the occupiers of the

dwellings in accordance with Policies BE21 (Noise) and MW7 (Noise) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

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Address: GREEN HOLLOW, COOMBE HILL ROAD,

KINGSTON UPON THAMES, KT2 7DU Ward: Coombe Hill Description of Proposal: Erection of two detached houses (1 x three-

bedroom and 1 x two-bedroom house) and associated works

RECOMMENDATION PERMIT Plan Type: Full Application Expiry Date: 06/02/2006 Applicant's Plan Nos: 16768/002 P4 Received 20/02/2006 364/100 Rev D Received 10/03/2006 364/101 Rev C Received 20/01/2006 364/102 Rev B Received 12/12/2005 364/103 Rev A Received 12/12/2005 364/104 Rev B Received 12/12/2005 364/105 Rev B Received 12/12/2005 364/106 Rev C Received 20/01/2006 364/107 Rev D Received 10/03/2006 364/108 Rev D Received 10/03/2006 364/109 Rev A Received 12/12/2005 364/AS/Rev A Received 20/01/2006 Arboricultural Impact Assessment & Method Statement

Received 10/03/2006

C263-004 Rev A Received 12/12/2005 C263-006 Rev B Received 20/02/2006 Design Statement Rev A Received 20/01/2006



Protection of Key Views BE11 Design of New Buildings and Extensions BE12 Layout and Amenity of Buildings and Extensions

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BE14 Height of Buildings BE3 Development in Conservation Areas BE9 Trees and Soft Landscaping H1 Protection of Residential Amenities H2 Residential and Other Uses in Residential Areas H5 New Residential Development H6 Residential Density MW3 Energy Efficiency and Conservation in Developments RES3 Determination of Planning Applications RES8 Community Benefit STR1 Housing Supply STR2 Residential Environment STR6 Conserving and Enhancing the Built Environment T1 Transport Safety T20 Compliance with Car and Cycle Parking Standards T21 New Development and On-Street Parking

Total Site Area 3000sq m Total Floor Area 879sq m Dwellings 2 Consultations Consultation was undertaken through letters sent to neighbouring properties, a site notice and an advert in the local newspaper. Letters have been received from ten residential properties in the locality. In addition a letter has been received from the Malden and Coombe Estates Successors Ltd. The contents of these letters are summarised below –

• The development is in breach of restrictive covenants. • On the basis of the similarity between these plans and those

previously rejected, it would be perverse and irrational for the Council to decide that the new plans are acceptable.

• The planning consent for extensions to Green Hollow was obtained on the basis that there was to be no subdivision of the garden.

• The applicant is asking to accept that there are nine plots (hence references to Plots 4 & 5). This matter was to be the subject of a “public inquiry”. The withdrawal of the public enquiry makes it clear that the land at Green Hollow is one plot and not three.

• Increased traffic flow. • Highway safety concerns. • Difficulties in servicing properties and lack of parking for visitors. • Sizes of the two-new houses appear to be out of proportion to

their plots especially their proposed heights. • Adverse impact upon the Coombe Hill Conservation Area and

the Strategic Area of Special Character. • Overdevelopment by virtue of its size, siting and design and

inappropriate densities.

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• Impact upon the amenities currently enjoyed by local residents (loss of light, overlooking, privacy).

• Impact on trees. • Increased noise and pollution. • Exacerbation of existing flooding and drainage problems. • Potential for the houses and rooms to be sub-divided in the

future. • Potential for a garage to be built to the top house. • Changes in levels. • Precedent. • Why do the properties need lifts? • Think the present amendments are about as good as it is going

to get. • Conservation Area was created to prevent over building. • Note that Martin Dobson (the applicant’s arboricultural

consultant) prepared a report in 1997 opposing development on the same site. That report provides quantitative confirmation that the hydrology of the area is greatly influenced by the vegetation.

• Consider the designs to be completely in keeping and an improvement to the area

Correspondence has also been received from Indigo Planning Limited, acting on behalf of the owner (Mrs Yoxall) of Coombe Glen, the conclusion of their most recently received representations are noted below –

• entail a significantly higher density in terms of dwellings per hectare than the immediate area (almost three times the density), i.e. the land associated with Coombe Green and Coombe Glen and the CA as a whole (approximately one third higher);

• entail significantly lower plot sizes that the immediate area and Conservation Area and are therefore out of character;

• represent a much higher plot coverage than typical plot coverage in the immediate area and in the CA as a whole - nearly twice the plot coverage compared to the Conservation as a whole and over three times that of the immediate area;

• do not accord with the character of the immediate area, which is characterised by large houses in spacious plots located well away from the plot boundaries;

• over twice the density (hrh) that of the immediate area of 23 hrh and over three times when using more realistic figures of the habitable rooms proposed in the dwellings;

• appear cramped in their plots when compared to the spatial relationship that other existing houses enjoy in this part of the conservation area.

• directly overlooks the gardens and property of Coombe Glen, which would be detrimental to the amenity currently enjoyed by the occupants of this property.

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• would result in increased activity in this area which would generally impact upon the amenity of Coombe Glen and there could be issues in relation to noise;

• exacerbate the existing flooding and waterlogging problems in the area unless drainage measures are installed on the Green Hollow side of the boundary. The applicant should be required to commission and submit a geological/hydrological investigation of the impact of the application proposals on our client’s property (and the wider area) before the application is determined (unless the Council is minded to refuse it).

• For the reasons set out above, the proposals would be contrary to UDP Policies BE1, BE3, BE9, BE11, BE12, BE14, H1, H5 and H6.

• The proposals do not accord with the adopted development plan for the area, contrary to Section 54A of the Town and Country Planning Act 1990 and Section 38 of the Planning and Compulsory Purchase Act 2004.

• There are no material considerations that outweigh these conclusions and planning permission should be refused.

Thames Water.

• Sewerage – no objection. • Water – Thames Water Utilities Ltd are unaffected by this

development and therefore have no comments to make. English Heritage Do not wish to offer any comments. Recommend that this application should be determined in accordance with national and local policy guidance and on the basis of your [the Council’s] specialist conservation advice. Maldens and Coombe Conservation Areas Advisory Committee – (Most recent comments)

• Object to principle. • Always maintained that this is gross overdevelopment of the

site. • To be in keeping with the UDP and the rest of the area of

Coombe Hill, only one house should be permitted. • This would be of commensurate size as the other houses in the

area. • The two houses would mean that vegetation and trees on the

site would be adversely affected. • It is likely that anyone buying the two bedroom house would

want to enlarge it, therefore a condition of not allowing the roof spaces or any further extensions should be made to stop this happening.

Waste Management –

• At this stage no specific provision has been made for refuse storage and collection.

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Arboricultural Officer. (Most recent comments) The proposed development has been altered in line with previous comments and is now acceptable. The only areas that need to be addressed are: Services

• Details is required as to the layout for existing and proposed service and drainage runs. Would like to see these kept outside the protected area around trees to be retained.

• Landscaping. Detailed landscaping proposals are required. • Site supervision. Detailed proposals are needed as to how the

site will be supervised by an arboriculturist during the construction process and as to liaison with the Council at significant points (e.g. inspection of protective fencing, construction of the driveway for plot 4).

Conclusion: Acceptable in principle. Further detail required but can be dealt with by condition. Highways and Transportation No highway objections. History 05/14888/FUL Erection of 2 x detached houses (1 x 3 Bedroom and 1 x

2 Bedroom). Refused 06/12/2005, Appeal Withdrawn 26/01/2006

04/14606/REM Erection of two detached dwellings pursuant to outline

planning permission MaL.1923 (dated 12/01/55). Appeal Withdrawn 26/01/2006.

04/14608/FUL Demolition of existing house and erection of replacement

two-storey 3 bedroom house. Application Withdrawn 14/10/2004.

04/14609/FUL Erection of one 5-bedroom house with detached garage

and one 4-bedroom house in grounds of Green Hollow. Application Withdrawn 14/10/2004.

04/14610/CAC Demolition of house. Withdrawn 09/11/2004. 02/14570/OUT Erection of two houses (outline). Application Withdrawn

01/04/2003. 02/14544/FUL Erection of part single, part two-storey extensions and

alterations to form a five bedroom detached dwelling; erection of detached garage; construction of pump chamber and construction of new access (renewal of planning permission 97/6365). Permit 5 Year Condition and Conditions 10/03/2003.

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97/6365/FUL Erection of part single, part two storey extensions and

alterations to form a five bedroom detached dwelling; erection of detached garage; construction of pump chamber & construction of new access. Permit 5 Year Condition and Conditions 13/11/1997.

97/6090/CON Demolition of existing dwelling. Refused 24/07/1997,

Appeal Withdrawn 21/01/1998. 96/6359/FUL Erection of a five bedroom detached dwelling with integral

garage and basement. Refused 24/07/1997, Appeal Withdrawn 21/01/1998.

96/6403/CON Demolition of single storey garage and dining room and

partial demolition of main house in connection with proposed extensions to the dwelling. Application Withdrawn 02/04/1997.

2091 Detached house and garage. Consent 11/08/1955. (Note: This list does not include ‘Tree’ applications.) Site 1. This application relates to land to the south of the existing dwelling,

Green Hollow. This land currently forms part of the residential curtilage of said property.

2. The surrounding area is predominately characterised by residential

dwellings although to the north is a golf course. 3. The site itself is within the Coombe Hill Conservation Area, a Strategic

Area of Special Character, an Archaeological Area and an Area of Lower Residential Density, as defined on the Proposals Map. The site is also covered by a Tree Preservation Order.

4. The Conservation Area statement stated that the area’s special

character can be summarised as ‘the estate and hinterland to the demolished Coombe Warren, containing several mid 19th century properties by the architect George Davy and other large interesting 20th century houses in spacious landscaped setting, adjoining the Coombe Hill Golf Course’. The golf course is designated Metropolitan Open Land. The area is made up of large residential plots containing buildings which are sited well away from property boundaries allowing for significant spacing between buildings and extensive landscaping comprising mature trees and other soft landscaping.

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Proposal 5. The proposal is to erect two detached houses on the land to the south-

east of the existing dwelling, Green Hollow. The proposed dwelling nearest to Green Hollow is shown to have three bedrooms with the dwelling nearest to the access from Coombe Hill Road being shown to have two bedrooms.


• Principle. • Design and impact of the development upon the character of the

area. • Impact upon residential amenities. • Trees. • Highway Safety. • Drainage. • Sustainable Construction. • Educational Contribution

The principle of residential development. 7. Policy H2 (Residential and other uses in residential areas) states that

within residential areas, the residential use of land will normally be an acceptable use. As such, the principle of residential development on the site is considered acceptable.

Design and impact of the development upon the character of the area. 8. The site is located within the Coombe Hill Conservation Area to which

Policy BE3 (Development in Conservation Areas) applies. This Policy states that the Council will give special attention to the design of development proposals within or adjoining conservation areas and that in such instances the Council will: - A – Resist the loss of buildings, trees and other features that make a

positive contribution to the character or appearance of the area; B – Permit development and redevelopment only where the proposed

development is of a high design standard and would preserve or enhance the character of the area.

9. In addition the area is designated as being within an area of lower

residential density. Policy H6 states that within the Coombe area new residential development should not normally exceed 62 habitable rooms per net residential hectare and goes on to state that in conservation areas the prevailing existing density should not be exceeded unless it would maintain or enhance the character of the area. The sub-text to Policy H6 states that the lower density areas have been identified as having a coherent, attractive character derived

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to a large extent from the density of development which is lower than is usual in the borough and that retaining the spaciousness of these areas will ensure that the borough continues to provide a broad range and choice of housing types in accordance with PPG3. Furthermore, it states that high density development should not be allowed to undermine the character of Conservation Areas (Para 3.35).

10. Policy H5 (New Residential Development) also applies to this scheme.

This Policy states that new residential development should make the most efficient use of urban land without damaging the character and amenity of established residential areas. Proposals for residential development should respect the established character in terms of: (a) The prevailing density of the locality; (b) The scale of buildings; (c) The siting of buildings and the space around them; (d) The safeguarding of important features existing on the site; (e) Avoiding the provision of parking or garaging in back gardens

except where this is characteristic of the area. 11. During the course of the application the plans were amended. The

density of the scheme has been the subject of disagreement between the applicant and some of the objectors. The applicant states that they consider the density to be 52.5 habitable rooms per net residential hectare (hrh), which is in accordance with the Policy. However, representations have disputed this, questioning how the figures have been calculated. For instance, Indigo Planning, (acting for Ms Yoxall, Coombe Glen), consider the density to be more accurately put at 86.5 hrh if the voids and other rooms are included, this would be in excess of the 62 hrh recommended in the Policy. The definition of ‘Habitable Room’ in the UDP is a room within a residential dwelling considered appropriate for occupation and excludes bathrooms and kitchens under 13m2 but any rooms over 18.6m2 (and easily divisible), being counted as two. The figure calculated by the applicant is considered relatively low in comparison to the sizes of the dwellings proposed, it is noted that the development, in particular that on ‘Plot 4’ has a number of rooms which are not classed as being ‘habitable’. Notwithstanding the comments above, it is necessary to note that the Policy does not explicitly state that the figure of 62 hrh can not be exceeded, provided that the character of the conservation area is maintained or enhanced.

12. The Council’s Conservation and Design Manager does not consider

that an objection to the impact upon the character of the Conservation Area can be sustained. It is considered that the cumulative impact of the three dwellings (Green Hollow and the two proposed), will preserve the character of the Conservation Area. The impact from Coombe Hill Road will be inconspicuous; the views from Coombe Glen will be of traditional roof forms set behind the preserved boundary landscaping. The amended plans have moved the parking area for the dwelling to the front of the site, consequently the access road landscaping will be safeguarded and therefore views from the east will be of houses within landscaped plots. Views from the Golf Course will be of greater built

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form in the intermediate distance between the first belt of houses and the houses on the north side of Coombe Hill Road but the roof forms and materials will not be out of character with the area. Officers had previously advised the applicant that the principle of development on this site is acceptable and that one house would be acceptable and two houses could be acceptable subject to size and design. During the course of the previous application (05/14888/FUL), the advice given was that the design and size of the house on ’Plot 4’ was considered acceptable subject to the cumulative impact of the three ‘Plots’. The size and design of the dwelling on ‘Plot 5’ has been amended during this application and it is now considered that the size and design of the house on ‘Plot 5’ fits with the prevailing wide range found in the area. It is considered that the cumulative impact of the development upon the character of the area is not sufficient to justify a recommendation for refusal.

13. It is considered, on balance, that the proposal would preserve the

character and appearance of the Conservation Area. Impact upon residential amenities 14. Representations have been received raising concerns about the

impact upon the amenities of the local residents. The site is well screened from adjacent properties by the existing tree cover (a landscaping condition is suggested and could be used to enhance this boundary screening where appropriate), the only exception to this would be to the existing dwelling, Green Hollow. In addition, it is noted that there are reasonable distances between the proposed dwellings and the neighbouring properties. For instance, the dwelling on ‘Plot 4’ would be approximately 29m from Coombe Glen whilst the dwelling on ‘Plot 5’ would be approximately 24m to Coombe Glen and 16m to Coombe Green Cottage. Whilst the topography of the land is noted, it is considered that, subject to the use of appropriate conditions, the size, height and position of the dwellings would not be such as to have a significant impact upon the residential amenities of the neighbouring dwellings.

Trees 15. The impact of the development upon the landscaping within the site is

such that there have been a number of amendments made to the scheme. As can be seen from the Arboricultural Officer’s comments, the scheme is now considered to be acceptable. A number of conditions are suggested which are considered to ensure that the resultant development would not have an adverse impact upon the trees in the area.

16. Therefore, having regard to the comments of the Arboricultural Officer,

it is considered that the proposal would comply with Policy BE9 (Trees and Soft Landscaping).

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Highway Safety. 17. The access which would be taken from Coombe Hill Road is private

and is used only by the existing houses on site. On the previous application (05/14888/FUL), the Highway Engineers noted that the access road is only 3.5m wide at the start for a distance of 20m and that this is not wide enough for two vehicles to pass according to DB32. They noted that the construction of two new houses will further exacerbate this situation. However, in respect of this application, the Engineers have not raised any objections.

18. Given current guidance in respect of parking provision, ample off street

parking is provided within the curtilage of each dwelling and Green Hollow itself.

Drainage 19. It is clear from the planning history of the site and the representations

received, that there have been considerable concerns about the drainage of the site and its impact upon the neighbouring properties. The disposal of surface water is not normally a ‘planning matter’, being covered by other legislation.

20. The application incorporates an ‘Eco Vat tank’ to store additional water

during periods of heavy rainfall, it is noted that both Thames Water and the Environment Agency did not raise objections to the previous scheme which also incorporated this system. As, to date, no comments have been received from the Environment Agency in respect of this application, it is considered necessary to impose a condition to ensure that this aspect of the scheme is acceptable.

Sustainable Construction & Access 21. The Council have adopted Supplementary Planning Guidance in

respect of ‘Design, Access and Sustainability Statements’ (March 2004) and ‘Sustainable Construction’ (Feb 2004). These documents are therefore a material consideration in the determination of this application. The purpose of these documents is to ensure access for everyone and that the development proposals incorporate sustainable design and construction measures, such as energy saving, water re-cycling, ‘green’ roofs etc.

22. In February 2004 the Mayor of London published the London Plan.

This includes Policies on sustainable design and construction (Policy 4B.6) including measures to ;

• Re-use lands and buildings; • Conserve Energy, materials, water and other resources; • Be bio-climatically designed; • Reduce the impacts of noise, pollution, flooding and

micro-climatic effects;

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• Ensure developments are comfortable and secure for users;

• Conserve and enhance the natural environment, particularly in relation to bio-diversity.

This Policy expects Boroughs, where appropriate to apply the same sustainability principles to assess planning applications. In the same light, the UDP First Alteration has developed Policies to cover such matters which were not in place during the assessment of the extant permission to address these Government aims.

23. In support of their application a ‘Sustainability Statement’ has been

submitted. This statement lists a number of measures in respect of the overall design of the development, the materials which will be used and the construction methods. Given the nature of the development proposed, it is considered that the Sustainability Statement is acceptable and as such, no objections are raised to this aspect of the proposal.

24. The Council’s Access Officer has been consulted and raises no

objections to the scheme. Educational Contribution 25. Policy RES8 seeks to secure benefits for the community such as the

provision of a contribution to educational facilities within the Borough. The applicant has agreed to contribute towards educational facilities within the Borough. Subject to the receipt of the Unilateral Undertaking, no objections are raised in this respect

Conclusion 26. It is considered that the scheme currently proposed is acceptable and

would preserve the character of the Conservation Area. In addition, subject to the use of appropriate conditions, there would not be any adverse impact upon the amenities of neighbouring properties, the trees will be protected and a landscaping condition is also suggested to supplement this, the highway engineers consider that safety would not be compromised and the scheme satisfies access and sustainable development matters.

Reason for approval The proposed development would preserve and enhance the character of the Conservation Area and would not represent harm to the amenities of the surrounding properties. The scheme is acceptable in terms of its sustainable method of construction and highway safety would not be compromised. The trees would be protected and supplemented by additional planting where necessary. As such, the proposal is considered acceptable and would be in accordance with the aims and objectives of Polices STR6, H1, H5, H6, BE1,

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BE3, BE9, BE11, BE12, BE14, MW3, T1, RES3 and RES8 of the Royal Borough of Kingston-upon-Thames Unitiary Development Plan First Alteration. Recommendation A.

PERMIT, subject to the completion and submission of a legal agreement contributing towards educational facilities within the Borough by the 11th April and subject to the following conditions:

1. The development hereby permitted shall be commenced within 3 years


Planning Act, 1990. (As amended) 2. Full details (including samples) of the materials, colour and texture of

the external finishes of the buildings (including windows) shall be submitted to and approved in writing by the Local Planning Authority before development commences and the development shall be constructed in accordance with the approved finishes.


development in accordance with Policies BE11 (Design of New Buildings and Extensions) and STR6 (Conserving and Enhancing the Built Environment) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.


details which shall have previously been submitted to and approved in writing by the Local Planning Authority prior to the commencement of work:

(a) provision for loading/unloading materials. (b) storage of plant, materials and operatives vehicles. (c) measures for the laying of dust, suppression of noise and

abatement of other nuisance arising from development works.

(d) location of all ancillary site buildings. (e) means of enclosure of the site. (f) wheel washing equipment.

The approved scheme shall be installed and maintained in operation throughout the implementation of the approved development. Reason: In order to safeguard the amenities of the surrounding residential occupiers and to safeguard highway safety and the free flow of traffic in accordance with Policies H1 (Protection of Residential Amenities), STR6 (Conserving and Enhancing the Built Environment) and T1 (Transport Safety) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

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4. The levels of buildings, roads, parking areas and pathways within the site shall only be in accordance with details which shall have previously been submitted to and approved in writing by the Local Planning Authority before development is commenced. Reason: To ensure that the appearance and functioning of the development is satisfactory and to safeguard the amenities of adjoining occupiers in accordance with Policies BE11 (Design of New Buildings and Extensions), BE12 (Layout and Amenity of Buildings and Extensions), H1 (Protection of Residential Amenities) and T13 (Facilities for People with Disabilities) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.


Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting this Order) no extensions (including porches, dormer windows and rooflights) to the dwelling houses or buildings shall be erected within the curtilage.

Reason: To safeguard the privacy and amenity of adjoining occupiers, maintain adequate amenity space and safeguard the cohesive appearance of the development in accordance with Policies BE11 (Design of New Buildings and Extensions), BE12 (Layout and Amenity of Buildings and Extensions), H1 (Protection of Residential Amenities), STR6 (Conserving and Enhancing the Built Environment) and T1 (Transport Safety) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration


(General Permitted Development) Order 1995 (or any Order revoking or re-enacting this Order) no windows or other openings, other than those shown on the approved plans, shall be formed in the north-eastern facing walls and roof of the building on what is shown to be ‘Plot 5’ and the north-east facing roofslope of what is shown to be ‘Plot 4’, without the prior written consent of the Local Planning Authority.


7. The windows in the north-eastern elevation and situated on the first

floor of the building hereby permitted on what is shown to be ‘Plot 5’ on the plans, shall be constructed so that no part of the framework less than 1.7m above finished floor level shall be openable. Any part below that level shall be fitted with, and retained in, obscure glazing of a patterned type only.

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Reason: To protect the amenities and privacy of the occupiers of the adjoining residential properties in accordance with Policies BE12 (Layout and Amenity of Buildings and Extensions) and H1 (Protection of Residential Amenities) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration

8. No demolition, site clearance or building operations shall be

commenced until fencing to the standards set out in BS5837: 2005 "Protection of Trees on Construction Sites" (figures 4 and 5) of a height not less than 1.5 metres has been erected around the trees shown on the approved drawings as being retained on the site. The fencing shall be in accordance with that shown on drawing No.100 Rev D (Received 10th March) unless otherwise agreed in writing by the Local Planning Authority.

Such fencing shall be maintained during the course of development, and no storage, site structures, parking or any other operation shall be permitted within the area thereby enclosed.

Within the fencing: (a) levels shall not be raised or lowered in relation to the

existing ground level, (b) no roots shall be cut, trenches dug, or soil removed or

drains and services laid, (c) no buildings, site huts, roads or other engineering

operations shall be constructed or carried out, (d) no vehicles shall be driven over the area, (e) no materials or equipment shall be stored.

and the destruction by burning of any materials shall not take place on the site or adjoining land unless the fires are at a minimum distance from the fenced area of 6.00 metres.

Reason: To prevent unnecessary damage occurring to the trees during

building operations, thereby safeguarding the visual amenities of the site in accordance with Policy BE9 (Trees and Soft Landscaping) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.


scheme including where applicable the retention of the existing trees shall have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented within the first planting season following completion of the development and the tree planting and landscaping shall thereafter be maintained for five years to the satisfaction of the Local Planning Authority. Any trees or shrubs which die during this period shall be replaced in the first available planting season, and the area shown to be landscaped shall be permanently retained for that purpose only.


Planning Authority shall be satisfied as to the details of the development in accordance with Policy BE9 (Trees and Soft Landscaping) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration

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10. Prior to the commencement of any development, details of site drainage and services, including the layout of the existing and proposed service and drainage runs shall have been submitted to and approved in writing by the Local Planning Authority. The development shall be completed in accordance with the approved details and shall thereafter be permanently maintained unless otherwise agreed in writing. Reason: To ensure that the functioning of the development is satisfactory, to safeguard the amenities of neighboring properties and to prevent any unnecessary damage occurring to trees in the area in accordance with Policies RES3, BE8, STR7b and OL19 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

11. Prior to the commencement of any development on site, a method

statement shall have been submitted to and approved in writing by the Local Planning Authority. The method statement shall include detailed proposals as to how the site will be supervised during the construction process and as to liaison with the Local Planning Authority at significant points (e.g. inspection of protective fencing, construction of driveway for Plot 4). The development shall be carried out in accordance with the approved details unless otherwise agreed in writing. Reason: To prevent unnecessary damage occurring to the trees during building operations, thereby safeguarding the visual amenities of the site in accordance with Policy BE9 (Trees and Soft Landscaping) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

Recommendation B (Should the Legal Agreement not be completed and submitted by the 11th April). Refuse the application for the following reason – 1. Without a contribution towards educational facilities within the Borough

the proposal would be contrary to Policy RES8 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

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Address: 11 ALRIC AVENUE, NEW MALDEN,

KT3 4JL Ward: Beverley Description of Proposal: Conversion of 4 bedroom, end of terraced

house to 1 x 2 bedroom ground floor flat and 1 x 3 bedroom flat, set over two floors, one of which to be in the roof space with external access at first floor level. Erection of single storey side and rear extensions and formation of dormer window to the side and rear roof slopes

RECOMMENDATION REFUSE FULL APPLICATION Plan Type: Full Application Expiry Date: 24/04/2006 Applicant's Plan Nos: Access Statement Received 27/02/2006 Site Location Plan Received 20/02/2006 P-001 01 Received 20/02/2006 P-002 01 Received 20/02/2006 Planning Report Received 20/02/2006


Unitary Development Plan First Alteration UDP Policies BE11 Design of New Buildings and Extensions BE12 Layout and Amenity of Buildings and Extensions H1 Protection of Residential Amenities H7 Residential Conversions and Houses in Multiple Occupation STR6 Conserving and Enhancing the Built Environment T1 Transport Safety T20 Compliance with Car and Cycle Parking Standards

No. of Units 2

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Consultations Neighbouring Occupiers 10 neighbouring properties consulted. One letter of response received. Object on grounds of inaccurate plans, loss of light, and lack of parking provision. Building Control Access Officer Made no objection. Highways and Transportation Alric Avenue is a road near New Malden station, which suffers from high degrees of on-street parking, which contribute to both access and safety problems in the area, particularly at junctions. A petition was presented to the Neighbourhood Committee regarding this issue requesting some form of restrictions to be introduced. Given the location of the site at the junction with Hoppingwood Avenued, I would therefore comment that the applicant’s statement “parking for the second flat is considered as part of the provision that is available on street” should be disregarded. Parking for both flats must be accommodated within the curtilage of the site, either by using the existing garage or providing hardstanding. Introduction The application is being reported to committee, as the application results in the proposed loss of single residential dwelling. Site and Surroundings 1. The application relates to a two storey end of terraced dwelling house

on the northern side of Alric Avenue. The area is predominantly residential.

The Proposal 2. The application is for the conversion of a 4-bedroom, end of terraced

house to 1 x 2 bedroom ground floor flat and 1 x 3 bedroom flat, set over two floors, one of which would be in the roof space with external access at first floor level. The proposal involves the erection of a single storey side and rear extension and formation of a dormer window to the side and rear roof slopes and an external staircase.

Considerations 3. The main issues in this case are: • Principle of the proposed Conversion • Design and impact of the development upon the character of the Area • Impact upon residential amenities • Parking • Trees

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Principle of the proposed Conversion 4. The Council’s UDP policy H7 requires single dwellings to have a

minimum original floorspace of 116sqm and more than 3 bedrooms to be considered suitable for conversions into flats. The property meets this basic criteria.

Design and impact of the development upon the character of the Area 5. The single storey rear extension would have a depth of 3m. This is

SPG compliant. It is sited to the north east of the adjoining terraced property no. 9 Alric Avenue. It is considered that there would not be a loss of sunlight to the property as a result of this single storey rear extension. There would be no overlooking of the neighbouring properties from the proposed extension. The main outlook to the rear garden of the neighbouring property would be retained.

6. The proposed side dormer and rear dormer collectively would create a

large and dominant roof feature. The site is a prominent corner location and as result any extensions need to be sensitively designed and apportioned to the existing property to avoid visual intrusion.

7. It is considered that the excessive size of the side and rear dormers

would detract from the character and appearance of the host property and be visually intrusive in the existing street scene

8. The proposed side wall that runs along the boundary with

Hoppingwood Avenue would have a maximum height of 3.5m. It is considered that this height is excessive and would form a dominant and visually intrusive feature in the street scene.

Parking 9. There is existing parking provision of one off-street parking space at

the rear of the property, comprising a detached garage. It is accessed via Hoppingwood Avenue. Any permission granted could be conditioned to retain this garage Furthermore, cycle parking spaces could be provided within the site.

10. It is accepted that the immediate roads in the vicinity are heavily

parked and congested. However, it is not considered that the existing situation would be signifcantly exacerbated by the proposal given the proximity of the district centre and public transport links that provide an easily accessible alternative means of transport to the car. A reduced parking provision would therefore be in acocrdance with UDP Policy T20 and PPG13 which seek to reduce relaiance on the private car.

Trees 11. The proposal would not harm any protected trees.

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Conclusion 12. Whilst there are no objections in principle to the conversion of the

property nor to the proposal on the grounds of parking provision, it is considered that overall these proposals are unacceptable, as the proposed roof extensions and boundary wall would represent large, dominant features, which would be visually intrusive in the street scene and detract from the character and appearance of the host property and the visual amenities of the surrounding area.

Recommendation and Reason for Refusal The proposed roof extensions and boundary wall would form dominant features that would be visually intrusive in the street scene and detract from the character and appearance of the host property and the visual amenities of the surrounding area. The proposals are therefore contrary to policies BE11, H7 and STR6 of the Royal Borough of Kingston Upon Thames Unitary Development Plan First Alteration.

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Date of Meeting: 12/04/2006 ______________________________________________________________ A11 Register No: 06/14146/OUT

Address: LAND AT, 190 MALDEN ROAD, NEW

MALDEN Ward: St James Description of Proposal: Outline application for the erection of a 3

storey end of terraced house adjoining 190 Malden Road (with details of siting and means of access only to be considered at this stage)

RECOMMENDATION GRANT OUTLINE CONSENT WITH

CONDITIONS Plan Type: Outline Application Expiry Date: 19/04/2006 Applicant's Plan Nos: Sketch Proposals Received 22/02/2006 Sketch As Existing Received 22/02/2006 Planning Statement Received 22/02/2006 Legal Agreement dated 21.03.06 Received 22/03/2006


Unitary Development Plan First Alteration UDP Policies BE11 Design of New Buildings and Extensions BE12 Layout and Amenity of Buildings and Extensions H1 Protection of Residential Amenities H5 New Residential Development H6 Residential Density RES3 Determination of Planning Applications RES8 Community Benefit STR6 Conserving and Enhancing the Built Environment T1 Transport Safety T20 Compliance with Car and Cycle Parking Standards Total Site Area 90.5sq m Total Floor Area 156sq m Density 110 Dwellings 1

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Consultations Waste Management, no objection. 12 letters from neighbours and a PETITION containing the signatures of 32 local residents have been submitted objecting on the following summarised grounds; -Overdevelopment -Would prejudice highway safety -Access would be via a private road (in breach of covenant) -Insufficient sewerage -Lack of parking -Proposed house not in keeping with area and would be an eyesore -Would impact on neighbour’s amenities -Land is prone to subsidence, too close to the A3 -Adverse impact on wildlife -The land currently acts as a buffer for residents from the A3 and should be

left as such. Site 1. This proposal relates to a plot of land to the side (south) of 190 Malden

Road, a 3 storey, end-terrace house. The surrounding area is predominantly residential.

2 The A3 runs from west to east to the south of the application site. Relevant History 3. In 2002 an application for the erection of a three-storey end-terrace

house adjoining 190 Malden Road was refused and a subsequent appeal dismissed (Council Ref. 02/14426).

4. In 2003 an application for the erection of two bungalows on land to the

rear of 190 Malden Road was refused (Council Ref. 03/14803). 5. In 2004 an application for the erection of an end-terrace house and

detached bungalow was refused (Council Ref. 04/15060). A subsequent appeal was dismissed.

Proposal

6. This application is for the erection of an end-terrace house attached to

190 Malden Road. 7. The application is in outline form with only siting and means of access

to be determined at this stage. The siting of the proposed house and its means of access would be the same as previously submitted in respect of the application for an end terrace house and bungalow that was dismissed on appeal in 2005 (Council Ref. 04/15060).

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The principle of the proposed development Siting and Design Residential amenity Car parking and highway safety Trees Educational Contribution

The Principle of the Proposed Development 9. The application site is not designated for any form of non-residential

use in the Unitary Development Plan (UDP). Furthermore, UDP policy STR1 seeks to increase the supply of housing in the Borough and UDP policy H2 states that within residential areas the residential use of land will normally be an acceptable use.

10. It is therefore considered that the redevelopment of this site located

within an established residential area for residential purposes is acceptable in principle subject to it complying with other relevant policies in the UDP.

Siting and Design 11. The proposed house would have the same depth (12m) as the

neighbouring houses (Nos. 180-190 Malden Road and would be some 0.5m wider (5m). The rear garden serving the proposed house would also be broadly the same size as the rear gardens of the neighbouring properties. It is therefore considered that the siting of the proposed house would be in keeping with the character of the surrounding area.

12. With regards to the design and height of the proposed house, the

application is in outline form only and as such no elevational details have been provided. However, such details would be reserved for approval by the Council. This would ensure that the final design and height of the house would be in keeping with the row of three-storey houses of which it would form part.

13. It should also be noted that when the appeal was dismissed in respect

of the proposed end terrace house and detached bungalow, the Inspector shared the Council’s view that the house was acceptable but the bungalow was not;

“A previous application for a proposed house attached to the southern flank wall of 190 Malden Road was refused on appeal. In the appeal decision… the inspector said “I see no objection in principle to the erection of a dwelling in this location which would accord with guidance in Planning Policy Guidance Note 3 ‘Housing’ (PPG3). Any permission could be made subject to conditions which ensure that the design, height and appearance of the house would be in keeping with the other

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houses nearby, would not dominate the street scene or be unduly obtrusive or inappropriate within its setting’. Given the proposal with which I am concerned has taken into account some of the concerns raised by the inspector; it would be sited in line with 180-190 Malden Road; and the Council has no objections in principle to the proposed house I concur with comments of the previous inspector …”

Residential Amenity 14. The rear elevation of the proposed house would not extend beyond the

rear elevations of the neighbouring houses to the north. As such, it is considered that the proposal would not detract from the amenities of the occupiers of Nos. 180 to 190 Malden Road.

15. The two-storey rear elevation of the proposed house would be sited

some 9m from the nearest garden on St James Close (No.20). This is the same distance as the existing houses on Malden Road (No.190 being the nearest) and is not considered to have any greater impact. Furthermore, the applicant has indicated that all windows on the rear elevation would be obscure glazed to prevent overlooking (this could be controlled by condition).

16. It should also be noted that the when dismissing the appeal in respect

of the erection of an end-terrace house and detached bungalow, the Inspector did not raise any concerns relating to the impact of the proposed house on residential amenity.

Car Parking and Highway Safety 17. The Council’s modified Car Parking Standards recommends that a

maximum of 3 parking spaces should be provided for each four-bed house. At least one parking space is proposed for the new house. As such, the proposal complies with the Council’s car parking standards, as well as, national guidance which seeks to reduce reliance on the private car.

18. A number of local residents raised concerns regarding the access to

the site. However, when dismissing the most recent appeal the Inspector stated the following regarding this matter; “…The means of access to the proposed dwellings would be from what appears to be a private road serving 180-190 Malden Road. There may be issues relating to rights of way over this road, together with restrictive covenants, which are outside the planning consideration with which I am concerned in this appeal. However, so far as matters are within my remit, it seems to me that the means of access to the two proposed dwellings would be acceptable and the council has raised no objection to this part of the proposal.”

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Trees and Landscaping

19. The applicant has stated that no trees would be felled as a result of the development.

Educational Contribution 20. A contribution to the capital cost of educational provision in the

Borough would be required if permission is granted in relation to the proposed net increase in dwellings and the probable increase in pupil numbers that would result. This is in accordance with UDP Policy RES8 and government guidance contained within Circular 1/97 on Planning Obligations.

21. The applicant has signed a legal agreement to secure such a

contribution and as such the proposal complies with policy RES8. Conclusion 22. The provision of residential accommodation on this site is acceptable in

principle (a view shared by previous inspectors when deciding appeals on this site) and would not detract from highway safety, the amenities of the adjoining occupiers or the character of the surrounding area.

Recommendation Summary Reason for Permission The proposed development would not detract from the amenities of surrounding occupiers or the character of the surrounding area or prejudice highway safety. As such the proposal complies with policies H1, H5, H6, T1, T20, STR6, BE11, BE12, RES3 and RES8 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration. Permit subject to the following conditions:- 1. Applications for approval of the matters hereby reserved must be made

within three years from the date of this decision. The development to which the permission relates must begin not later than whichever is the later of the following dates:-

i) The expiration of five years from the date of this decision; or

ii) The expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

Reason: In order to comply with Section 92 of the Town and Country

Planning Act, 1990. (As amended)

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2. The following matters shall be reserved for the approval of the Local Planning Authority in accordance with the provisions of Article 3 (1) of the Town and Country Planning (General Development Procedure) Order 1995 (or any Order revoking or re-enacting this Order):

(a) design of the building (b) external appearance of the building (c) landscaping of the site Reason: As the application is submitted in outline form only and in

order that the Local Planning Authority may be satisfied as to the details of the proposal.

3. Prior to the commencement of the development, details of car parking

provision for the proposed and existing house shall be submitted to and approved in writing by the local planning authority. Such parking shall be provided prior to the occupation of the proposed house and thereafter permanently retained for the parking of vehicles only and for no other purpose for the life of the development.

Reason: To ensure that the proposed development does not prejudice

the free flow of traffic or conditions of general safety on adjoining highways and that adequate parking servicing and manoeuvring provision is made in accordance with Policies BE12 (Layout and Amenity of Buildings and Extensions), T1 (Transport Safety), T20 (Compliance with Car and Cycle Parking Standards) and T21a ( Provision and Management of Public Car Parking) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

4. Before any development hereby permitted is commenced on site, a detailed site investigation shall be undertaken, and a copy of the results submitted to the local planning authority to assess the degree and nature of any possible contamination present. Any works required to be carried out as a result of the investigation shall be agreed in writing with the local planning authority and completed before any buildings hereby permitted are brought into use.

Reason: To protect the amenities of the occupiers of the proposed

development in accordance with Policy H1 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

5. The levels of the building, roads, parking areas and pathways within

the site shall only be in accordance with details which shall have previously been submitted to and approved in writing by the Local Planning Authority before development is commenced.

Reason: To ensure that the appearance and functioning of the

development is satisfactory and to safeguard the amenities of adjoining occupiers in accordance with Policies BE11 (Design of New Buildings and Extensions), BE12 (Layout and Amenity of Buildings and

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Extensions), H1 (Protection of Residential Amenities) and T13 (Facilities for People with Disabilities) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.


details which shall have previously been submitted to and approved in writing by the Local Planning Authority prior to the commencement of work:

(a) provision for loading/unloading materials. (b) storage of plant, materials and operatives vehicles. (c) temporary site access. (d) signing system for works traffic. (e) measures for the laying of dust, suppression of noise and

abatement of other nuisance arising from development works. (f) location of all ancillary site buildings. (g) measures to protect any tree, shrubbery and other landscape

features to be retained on the site during the course of development.

(h) means of enclosure of the site. (i) wheel washing equipment.

The approved scheme shall be installed and maintained in operation throughout the implementation of the approved development.

Reason: In order to safeguard the amenities of the surrounding residential occupiers and to safeguard highway safety and the free flow of traffic in accordance with Policies H1 (Protection of Residential Amenities), STR6 (Conserving and Enhancing the Built Environment) and T1 (Transport Safety) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.


Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting this Order) no extensions (including porches or dormer windows) to the dwelling house shall be erected.

Reason: To safeguard the privacy and amenity of adjoining occupiers, maintain adequate amenity space and safeguard the cohesive appearance of the development in accordance with policies H1 and STR6 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.


(General Permitted Development) Order 1995 (or any Order revoking or re-enacting this Order) no windows or other openings shall be formed in the east elevation of the end-terrace house without the prior written consent of the Local Planning Authority.

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Reason: To protect the amenities and privacy of the occupiers of the adjoining residential properties in accordance with policy H1 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.


the dwelling house shall be submitted to and approved in writing by the Local Planning Authority before development commences and the development shall be constructed in accordance with the approved finishes.


development in accordance with Policies BE11 (Design of New Buildings and Extensions) and STR6 (Conserving and Enhancing the Built Environment) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

10. Fences, walls or other means of enclosure shall be erected along the boundaries of the site prior to the occupation of the dwelling to which they relate, in accordance with details which shall have been submitted to and approved in writing by the Local Planning Authority and shall thereafter be permanently retained.

Reason: In order to ensure the privacy of adjoining occupiers and

visual amenity of the area is retained in accordance with Policies BE11 (Design of New Buildings and Extensions), BE12 (Layout and Amenity of Buildings and Extensions), H1 (Protection of Residential Amenities) and STR6 (Conserving and Enhancing the Built Environment) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

11. Before the development hereby permitted is commenced, a scheme for

protecting the proposed dwelling from traffic noise shall be submitted to and approved in writing by the Local Planning Authority. Any works which form part of the scheme shall be completed before the dwelling is occupied.

Reason: In order to safeguard the amenities of the occupiers of the

dwellings in accordance with Policies BE21 (Noise) and MW7 (Noise) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

12. Any windows above ground floor level in the east elevation of the

proposed house and shall be constructed so that no part of the framework less than 1.7m above finished floor level shall be openable. Any part below that level shall be fitted with, and retained in, obscure glazing of a patterned type only.



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13. Prior to the commencement of the development, details of any external alterations to 190 Malden Road shall be submitted to and approved in writing by the local planning authority. The development shall then only be carried out in accordance with the approved details.

Reason: To protect the character and amenities of the area in

accordance with policies H1, BE11 and STR6 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration

Informatives: 1. It should be noted that Part M of the Building Regulations 2000 applies

to this residential development. The objective is to ensure that disabled people can visit the premises and use the habitable rooms and a room containing a WC. The Approved Document should be consulted for detailed design guidance.

2. In addition, the applicant’s attention is drawn to the London Plan 2004,

Policy 3A.4, which states that all new housing should be built to Lifetime Homes Standard. Information on the design requirements for Lifetime Homes Standard is included in the Supplementary Planning Guidance to the London Plan, ‘Accessible London: achieving an inclusive environment’, available from www.london.gov.uk.

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Address: 12 GRASMERE AVENUE, LONDON, SW15 3RB Ward: Coombe Hill Description of Proposal: Erection of part single storey/part two storey

side and rear extension. Use of existing and proposed roof for loft conversion including formation of 1 x dormer in side, 3 x dormers to rear and 2 x rooflights to front roof slopes

RECOMMENDATION PERMIT Plan Type: Full Application Expiry Date: 26/04/2006 Applicant's Plan Nos: Site location plan Received 01/03/2006 12GA/SSE/240905/02/BR Received 01/03/2006 12GA/SSE/240905/03/BR Received 01/03/2006 Planning Design Statement Received 01/03/2006



Protection of Key Views BE11 Design of New Buildings and Extensions BE12 Layout and Amenity of Buildings and Extensions H1 Protection of Residential Amenities STR6 Conserving and Enhancing the Built Environment Total Site Area 735sq m Consultations Neighbouring occupiers – 7 neighbours consulted. 1 objection from a resident in Grasmere Avenue has been received raising the following concerns: • The existing drainage system will be inadequate to cope with the proposal. • Overlooking.

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Background In 2005 an application (ref. 05/14241/FUL) was refused for demolition of existing semi-detached house and erection of 1 x 5 bedroom detached dwelling to include indoor swimming pool in the basement and accommodation in the roof space.

In 2005 an application (ref. 05/14600/FUL) was refused for demolition of existing semi-detached house and erection of 1 x 5 bedroom detached dwelling to include indoor swimming pool in the basement and accommodation in the roof space. Site and Surroundings 1. The application relates to a two-storey semi-detached house on the

northern side of Grasmere Avenue. There are similar two-storey residential properties surrounding the property. The site is within a strategic area of special character. A single-storey rear extension is currently being constructed to the rear of the property.

The Proposal 2. The application is for the erection of part single storey/part two storey

side and rear extension and use of the existing and proposed roof for loft conversion including formation of 1 x dormer in side, 3 x dormers to rear and 2 x rooflights to front roof slopes. The proposed part single storey/part two storey side and rear extension would measure 3.5 metres wide to the side of the property (10.1 metres wide at single storey to the rear) and would extend 3.5m to the rear of the property at single storey level. Two Juliet balconies are proposed to the rear of the property at first floor level.

Considerations

3. The main issues in this case are:

• Design and impact of the development upon the character of the area.

• Impact upon residential amenities. • Trees.

Design and impact of the development upon the character of the Area 4. The proposed extensions are considered to be of a size and design

that would respect the architectural style of the existing building and surrounding properties. The two-storey side extension would retain a 1 metre gap to the boundary with 14 Grasmere Avenue in accordance with council policy and would be similar in size and design to the two-storey side extension (ref. 02/06020/FUL) erected at No. 10 Grasmere Avenue balancing this pair of semi-detached properties. A dormer has also been permitted in the side roof slope of 20 Grasmere Avenue The proposed extensions would have no adverse impact on the character and appearance of the area.

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Impact of the development upon residential amenities 5. The proposed extensions are suitably positioned and sufficiently distant

from neighbouring residential properties in Grasmere Avenue so as to ensure no adverse impact on residential amenity in terms of loss of outlook or sunlight/daylight. Whilst the single storey rear part of the extension would extend 3.5 metres to the rear property, it would set back by 1 metre from the boundary with No.14 and No.10 Grasmere Avenue has already been extended to the rear at single storey level. Concern has been raised over potential overlooking from the proposed dormer in the side roof slope. A condition requiring this landing window to be non-openable and obscurely glazed would address this concern.

Trees 6. The application does not involve the removal of any trees. Conclusion 7. The proposed extension is considered to be of a size and design that

would respect the architectural style of the existing building and would be compatible with surrounding properties. The building would have no adverse impact on the character and appearance of the area or the amenities of neighbouring properties in Grasmere Avenue.

Recommendation The proposal would not adversely impact on the residential amenity of neighbouring properties or detract from the character and appearance of the area. Accordingly the proposal complies with policies H1, STR6, BE1, BE11 and BE12 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration. PERMIT It is recommended that planning permission be granted with the following conditions: 1. The development hereby permitted shall be commenced within 3 years


Planning Act, 1990 (as amended). 2. The materials and finishes of the external walls and roof of the


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(General Permitted Development) Order 1995 (or any Order revoking or re-enacting this Order) no windows or other openings shall be formed in the western flank wall of the building without the prior written consent of the Local Planning Authority.



4. The proposed dormer window in the side roof slope hereby permitted,

shall be constructed so that no part of the framework less than 1.7m above finished floor level shall be openable. Any part below that level shall be fitted with, and retained in, obscure glazing of a patterned type only.


adjoining residential properties in accordance with Policies BE12 (Layout and Amenity of Buildings and Extensions) and H1 (Protection of Residential Amenities) of the Royal Borough of Kingston upon Thames Unitary Development Plan.

5. The roof of the single storey rear extension hereby permitted shall not

be converted or used as a balcony or a sitting out area, and no access shall be gained except for maintenance purposes.

Reason: To protect the amenities and privacy of the adjoining

residential properties in accordance with Policies BE12 (Layout and Amenity of Buildings and Extensions), H1 (Protection of Residential Amenities) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

Informative: 1. The use of any type of film material affixed to clear glass is not

acceptable for the purposes of condition 4. All glazing should conform with Approved Document N of the Building Regulations 2000 which provides guidance about the suitability of glass at low level and in critical locations.

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Address: CANBURY SCHOOL, KINGSTON HILL,

KINGSTON UPON THAMES, KT2 7LN Ward: Coombe Hill Description of Proposal: Erection of temporary accommodation to

allow for the implementation of planning approval 05/14872/FUL

RECOMMENDATION PERMIT Plan Type: Full Application Expiry Date: 24/04/2006 Applicant's Plan Nos: 42477S100 rev 1 Received 21/03/2006 43104S001 2 Received 27/02/2006 60074/101 1 Received 27/02/2006 60074F001 2 Received 27/02/2006 CSK/P/001A Received 27/02/2006 CSK/P/003 C Received 21/03/2006 Map Received 27/02/2006


Unitary Development Plan First Alteration UDP Policies BE11 Design of New Buildings and Extensions BE9 Trees and Soft Landscaping H1 Protection of Residential Amenities STR6 Conserving and Enhancing the Built Environment Consultations: Trees and Landscape: The amended proposals allow for the safe retention of important trees in the vicinity and are acceptable. Waste Management: No objections raised.

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Highways and Transportation: No objections raised. Building Control Access: No objection raised 25 neighbouring properties were consulted; 2 letters were received from neighbouring residents objecting on the following summarised grounds:

• Safety issues relating to the proximity of temporary accommodation and a playground next to a demolition site

• Concerns that temporary and new accommodation would be in use at the same time.

• Loss of tress and screening • Visual intrusion • Noise and disturbance • Fumes • Boundary Treatment • Lack of Clarity

Site 1. Canbury School is located on the north western side of Kingston Hill to

the north of Warboys Approach. 2. The surrounding area is predominantly residential in character with

detached houses located on relatively large plots. 3. There is a protected tree on the site. Relevant History 4. 05/14907/FUL: Approval of Planning Permission for the removal of an

existing portacabin classroom and erection of a part two storey, part single storey rear extension:

Proposal 5. The application is for the erection of a temporary classroom and toilets

while the building works approved under planning permission 05/14872/FUL are being undertaken.


• The impact upon the residential amenities of the surrounding properties.

• Trees

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The impact upon the residential amenities of the surrounding properties 7. The proposed temporary buildings are to be located to the rear of the

site near the boundary with the rear garden of Grey Tiles. The buildings are single storey and would not be readily visible either from public vantage points or neighbouring properties. The proposal would have no adverse impact on the visual amenities of surrounding occupiers.

8. The temporary science lab building is to be located 2.4m from the

eastern boundary with Grey Tiles. There are windows shown on the eastern elevation of the temporary science lab building facing Grey Tiles. The applicant has advised that these windows are to be obscure glazed. The temporary toilets are located in the northwest corner of the site facing the temporary science lab building. It is considered that the proposed temporary buildings would not result in any significant overlooking or loss of privacy to surrounding occupiers.

Trees 9. The proposal would not result in any loss or damage to existing trees

on the site. Conclusion 10. It is considered that the temporary buildings would not have an adverse

impact on the amenities of surrounding occupiers or the character of the surrounding area.

Summary Reason for Approval The proposed temporary buildings, by reason of their temporary nature, scale and siting would have no significant adverse impact on the amenities of surrounding occupiers, wellbeing of trees or the character of the area in accordance with Policies STR6, H1, BE9 and BE11 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration. Permit subject to the following conditions:- 1. The buildings hereby permitted and all associated works shall be

permanently removed within 12 months of the date of this decision and within 1 month of that date the land shall be returned to its former state.

Reason: The continued use of the building after the completion of the approved scheme would result in an over intensive use of the site detracting from the amenities of surrounding occupiers contrary to Policy H1. The appearance of the building, by virtue of its design and construction is likely to deteriorate and become detrimental to the visual amenities of the surrounding area contrary to Policies STR6 and BE11 and in order that the Local Planning Authority may be satisfied as to the appearance of the land after removal of the building in accordance with Policies STR6 and BE9 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

- A91 - MC Agenda 12-04-2006 (S)

2. The facing materials to be used in the construction of the building shall be those specified on the application form and approved drawings or such other materials as have been approved in writing by the Local Planning Authority before the development is commenced.


3. The windows in the eastern elevation of the temporary science lab

building shall be constructed so that no part of the framework less than 1.7m above finished floor level shall be openable. Any part below that level shall be fitted with, and retained in, obscure glazing of a patterned type only.


Informative: 1. The use of any type of film material affixed to clear glass is not

acceptable for the purposes of condition 3. All glazing should conform with Approved Document N of the Building Regulations 2000 which provides guidance about the suitability of glass at low level and in critical locations.

Documents

APPENDIX A MALDENS AND COOMBE PLANNING SUB · PDF fileREPORT BY DIRECTOR OF ENVIRONMENTAL SERVICES ... erection of two-storey detached building comprising ... There is inadequate space