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The Committee considered an application for full planning application for the development of up to 133 apartments, associated car parking, landscaped areas including a new public realm, sustainable drainage measures, highways and associated works, including the demolition of all existing structures on site. An unaccompanied site inspection was undertaken in respect of this application. Members debated the merits of the facade and recognised that, on balance, the benefits of the proposed scheme outweighed its retention. In respect of the pylon, however, the Committee was keen to see it retained, and if this was not possible, for it to be replaced by a suitably prominent landmark feature. It was also agreed that permitted development rights for any telecommunication masts should be removed, in the interests of good design. Members also requested that a clawback agreement should form part of the legal terms, to provide a further contribution towards affordable housing, in the case that the viability of the development should be greater than currently anticipated. Reasons for refusal were proposed and seconded but failed upon a vote. RESOLVED, that planning permission be GRANTED subject to (1) the completion of all documentation required to create a planning obligation under Section 106 of the Town and Country Planning Act 1990 (as amended) to secure (i) fifteen (15) units of affordable housing as shared ownership tenure;
(ii) a contribution of £168,000 towards sustainable travel measures in and around Redhill town centre, in particular improving the linkage between the site, the town centre, the railway station and the bus station;
(iii) the design and construction of a shared cycle footway around the border of the site in accordance with a scheme to be submitted to and approved in writing by the local planning authority;
(iv) all associated costs including agreement/legal fees, civil engineering and traffic management will be met by the developer and the proposed cycle footway shall become highway maintainable at the public expense;
(v) a clawback agreement requiring a contribution towards affordable housing should the ultimate viability of the project justify this; and
(vi) the Council’s legal costs in preparing said agreement In the event that a satisfactorily completed obligation is not received by 31 July 2017 or such longer period as may be agreed, the Head of Places and Planning be authorised to refuse permission for the following reason: The proposal fails to provide make adequate provision for affordable housing and adequate contributions towards necessary improvements to local transport infrastructure and is therefore contrary to policies Mo4 and Mo7 of the Reigate and Banstead Borough Local Plan 2005 and policies CS12, CS15 and CS17 of the Reigate and Banstead Core Strategy 2014. (2) removal of permitted development rights for telecommunication masts; and (3) the following conditions: 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
Reason:
To comply with Section 91(1) of the Town and Country Planning Act 1990 as amended by Section 51 (1) of the Planning and Compulsory Purchase Act 2004. 2. The development hereby permitted shall be carried out in accordance with the following approved plans: Plan Type Reference Version Date Received
Location Plan 59009 FPR01-MBC-XX-GF-DR-A-00100 D5-P6 16.02.2017
Site Layout Plan 59009 FPR01-MBC-XX-GF-DR-A-00101 D5-P4 16.02.2017
Site Layout Plan 59009 FPR01-MBC-XX-GF-DR-A-00109 D5-P1 16.02.2017
Elevation Plan 59009 FPR01-MBC-XX-ZZ-DR-A_00112 D5-P4 16.02.2017
Section Plan 59009 FPR01-MBC-XX-ZZ-DR-A_00122 D5-P3 16.02.2017
Section Plan 59009 FPR01-MBC-XX-ZZ-DR-A_00121 D5-P3 16.02.2017
Section Plan 59009 FPR01-MBC-XX-ZZ-DR-A_00120 D5-P3 16.02.2017
Elevation Plan 59009 FPR01-MBC-XX-ZZ-DR-A_00115 D5-P1 16.02.2017
Floor Plan 59009 FPR01-MBC-XX-GF-DR-A-00102 D5-P4 16.02.2017
Floor Plan 59009 FPR01-MBC-XX-ZZ-DR-A-00103 D5-P4 16.02.2017
Floor Plan 59009 FPR01-MBC-XX-08-DR-A-00106 D5-P2 16.02.2017
Floor Plan 59009 FPR01-MBC-XX-09-DR-A-00107 D5-P2 16.02.2017
Floor Plan 59009 FPR01-MBC-XX-10-DR-A-00108 D5-P2 16.02.2017
Roof Plan 59009 FPR01-MBC-XX-ZZ-DR-A-00105 D5-P4 16.02.2017
Elevation Plan 59009 FPR01-MBC-XX-ZZ-DR-A-00110 D5-P6 16.02.2017
Elevation Plan 59009 FPR01-MBC-XX-ZZ-DR-A-00111 D5-P6 16.02.2017
Elevation Plan 59009 FPR01-MBC-XXZZ-DR-A-00116 D5-P1 16.02.2017
Floor Plan 59009 FPR01-MBCXX-ZZ-DR-A-00150 D5-P3 16.02.2017
Floor Plan 59009 FPR01-MBC-XX-ZZ-DR-A-00151 D5-P3 16.02.2017
Floor Plan 59009 FPR01-MBCXX-ZZ-DR-A-00152 D5-P3 16.02.2017
Other Plan 59009 FPR01-MBC-XX-SI-DR-C-00300 S2 P3 16.02.2017
Landscaping Plan 26554 L104 A 16.02.2017 Reason:
To define the permission and ensure the development is carried out in accord with the approved plans and in accordance with National Planning Practice Guidance. 3. No development shall commence until written details of the materials to be used in the construction of the external surfaces, including fenestration and roof, have been submitted to and approved in writing by the Local Planning Authority, and on development shall be carried out in accordance with the approved details.
Reason:
To ensure that a satisfactory external appearance is achieved of the development with regard to Reigate and Banstead Borough Local Plan 2005 policies Ho9 and Ho13. 4. No development shall commence on site until a scheme for the landscaping of the site including the retention of existing landscape features, to include either retention of the pylon or its replacement with a suitable landmark feature, has been submitted and approved in writing by the local planning authority. Landscaping schemes shall include details of hard landscaping and materials, planting plans, written specifications (including cultivation and other operations associated with tree, shrub, and hedge or grass establishment), schedules of plants, noting species, plant sizes and proposed numbers/densities and an implementation and management programme.
All hard and soft landscaping work shall be completed in full accordance with the approved scheme, prior to occupation or within the first planting season following completion of the development hereby approved or in accordance with a programme agreed in writing with the local planning authority.
Any trees shrubs or plants planted in accordance with this condition which are removed, die or become damaged or become diseased within five years of planting shall be replaced within the next planting season by trees, and shrubs of the same size and species.
Reason:
To ensure good arboricultural and landscape practice in the interests of the maintenance of the character and appearance of the area and to comply with policies Pc4 and Ho9 of the Reigate and Banstead Borough Local Plan 2005 and the recommendations within British Standard 5837. 5. No demolition of the remaining façade or removal of existing propping and support structures shall take place until a binding contract has been signed with a building contractor (or similar) for the construction of the permitted scheme. Such a contract shall ensure the commencement of construction within six months of the signing of the contract.
Reason:
To preserve the historic interest of the site with regard to Reigate and Banstead Borough Local Plan policy Pc10 and Reigate and Banstead Core Strategy policy CS4. 6. No development shall commence until a scheme to improve the Redhill Brook within the bounds of the site has been submitted to, and approved in writing, by the Local Planning Authority. Such a scheme shall include, as a minimum, repairs to the existing culvert to ensure its structural integrity and on-going ability to convey the flow of water. On development, the scheme shall be implemented in strict accordance with the approved details.
Reason:
To reduce the risk of flooding and to seek the enhancement of the biodiversity value of the Redhill Brook in accordance with policy Ut4 of the Reigate and Banstead Borough Local Plan 2005 and Policy CS10 of the Reigate and Banstead Core Strategy. 7. The development hereby permitted shall be carried out in accordance with the approved Flood Risk Assessment (FRA) produced by Mayer Brown Limited dated November 2016.
Reason:
To reduce the risk of flooding and ensure the development will be safe over its lifetime in accordance with policy Ut4 of the Reigate and Banstead Borough Local Plan 2005 and Policy CS10 of the Reigate and Banstead Core Strategy. 8. The finished ground floor levels of the development hereby permitted shall be no lower than 76.15m AOD.
Reason:
To reduce the risk of flooding and ensure the development will be safe over its lifetime in accordance with policy Ut4 of the Reigate and Banstead Borough Local Plan 2005 and Policy CS10 of the Reigate and Banstead Core Strategy. 9. The development hereby approved shall not be occupied until a Flood Emergency Plan for the development has been submitted to and approved in writhing by the Local Planning Authority. The Flood Emergency Plan shall be made available to all occupiers and any measures identified in the plan shall be installed or made available prior to the first occupation and thereafter maintained.
Reason:
To reduce the risk of flooding and ensure the development will be safe over its lifetime in accordance with policy Ut4 of the Reigate and Banstead Borough Local Plan 2005 and Policy CS10 of the Reigate and Banstead Core Strategy. 10. No development shall commence until the following details and drawings have been submitted to and approved in writing by the local planning authority:
(a) a finalised drainage layout detailing the exact location of SUDs elements, pipes, control devices, impervious areas and drainage sub-catchments (if applicable)
(b) details of all SuDS elements and other drainage features, including long and cross sections, pipe diameters and respective levels
(c) associated final calculations showing that the system will not flood under the requirements of the SUDS standards
(d) details of how the Sustainable Drainage System will cater for system failure or exceedance events, both on and offsite
The development shall thereafter be carried out in strict accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority
Reason:
To ensure that the SuDS are adequately planned, delivered and that the development is served by an adequate and approved means of drainage and to prevent flooding with regard to Policy Ut4 of the Reigate and Banstead Borough Local Plan 2005 and Policy CS10 of the Reigate and Banstead Core Strategy 2014, as well as the requirements of the Non-statutory technical standards. 11. No development shall commence until details of the proposed maintenance regimes for each of the SuDS elements must be submitted to and approved by the Local Planning Authority. This should include during and post construction phases. The system shall thereafter be maintained in accordance with the approved details.
Reason:
To ensure the drainage system is maintained throughout its life time to an acceptable standard and to prevent flooding with regards to Policy Ut4 of the Reigate and Banstead Borough Local Plan 2005 and Policy CS10 of the Reigate and Banstead Core Strategy. 12. Prior to occupation of the development , a verification report carried out by a qualified drainage engineer must be submitted to and approved by the Local Planning Authority to demonstrate that the Sustainable Drainage System has been constructed as per the agreed scheme.
Reason:
To ensure that the SuDS are adequately planned, delivered and that the development is served by an adequate and approved means of drainage to comply with Policy Ut4 of the Reigate and Banstead Borough Local Plan 2005 and Policy CS10 of the Core Strategy 2014, as well as the requirements of the Non-statutory technical standards. 13. No development shall commence unless and until the proposed restricted hours loading bay within Marketfield Way and the associated Traffic Regulation Order have been designed and implemented and all associated costs have been met by the developer, in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority.
Reason:
To ensure that the development would not prejudice highway safety nor cause inconvenience to other highway users to satisfy policies Mo5 and Mo7 of the Reigate and Banstead Borough Local Plan 2005 and the objectives of the NPPF 2012. 14. No development shall commence until an updated Construction Transport Management Plan, to include details of:
(a) parking and turning for vehicles of site personnel, operatives and visitors
(b) loading and unloading of plant and materials
(c) storage of plant and materials
(d) programme of works (including measures for traffic management)
(e) provision of boundary hoarding behind any visibility zones
(f) deliveries and hours of operation
(g) construction vehicle access and routing to and from the site
(h) measures to prevent deposit of materials on the highway
(i) before and after construction condition surveys of the highway and a commitment to fund the repair of any damage caused
has been produced in general accordance with the Construction Logistics Plan dated July 2014 – Rev B, has been submitted to and approved in writing by the Local Planning Authority. Only the approved details shall be implemented during the construction of the development.
Reason:
To ensure that the development would not prejudice highway safety nor cause inconvenience to other highway users to satisfy policies Mo5 and Mo7 of the Reigate and Banstead Borough Local Plan 2005 and the objectives of the NPPF 2012. 15. The development hereby approved shall not be first occupied unless and until the proposed vehicular access to Marketfield Way (A23) has been constructed in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority.
Reason:
To ensure that the development would not prejudice highway safety nor cause inconvenience to other highway users to satisfy policies Mo5 and Mo7 of the Reigate and Banstead Borough Local Plan 2005 and the objectives of the NPPF 2012. 16. The development hereby approved shall not be first occupied unless and until the existing redundant vehicular accesses from the site to Redstone Hill (A25) and the Station Roundabout have been permanently closed and any kerbs, verge or footway fully reinstated.
Reason:
To ensure that the development would not prejudice highway safety nor cause inconvenience to other highway users to satisfy policies Mo5 and Mo7 of the Reigate and Banstead Borough Local Plan 2005 and the objectives of the NPPF 2012. 17. The development hereby approved shall not be first occupied unless and until facilities for the secure parking of 133 bicycles has been provided within the development site in accordance with the approved plans. Thereafter, the said approved facility shall be provided, retained and maintained to the satisfaction of the Local Planning Authority.
Reason:
To ensure that the development would promote sustainable travel choices with regard to Policy CS17 of the Reigate and Banstead Core Strategy 2014 and in recognition of Section 4 “Promoting Sustainable Transport” in the National Planning Policy Framework 2012. 18. The development hereby permitted shall be carried out in accordance with the approved Air Quality Assessment produced by Mayer Brown Limited dated November 2016, with particular regard to the recommendations in relation to:
(a) managing construction dust,
(b) the use of low NOx heating plant (p.25 para 6.10)
(c) ventilation of the building (p25 para 6.11 to 6.13)
Details of the plant and machinery to be installed within the development shall be submitted to and approved in writing by the Local Planning Authority prior to occupation and shall thereafter be maintained.
Reason:
To ensure that the development would not give rise to unacceptable impacts on air quality or put future occupants at unacceptable risk of poor air quality with regard to policy Ho9 of the Reigate and Banstead Borough Local Plan 2005 and policy CS10 of the Reigate and Banstead Core Strategy. 19. The development hereby permitted shall be carried out in accordance with the approved Noise Assessment produced by Mayer Brown Limited dated November 2016, with particular regard to the recommendations in relation to:
(a) managing construction noise
(b) building fabric and external façade specifications to prevent noise intrusion into residential units
Reason:
To ensure that the development would not give rise to unacceptable impacts on noise pollution or put future occupants at unacceptable risk of noise disturbance with regard to policies Ho9 and Ho10 of the Reigate and Banstead Borough Local Plan 2005 and policy CS10 of the Reigate and Banstead Core Strategy. 20. No development shall commence until the final chosen scheme for public realm and parking from the two options (59009 FPR01-MBC-XX-GF-DR-A-00101 D5-P4 or 59009 FPR01-MBC-XX-GF-DR-A-00109 D5-P1) has been agreed in writing by the Local Planning Authority.
Reason:
To ensure the proposals for public realm and parking are clearly defined in the interests of the maintenance of the character and appearance of the area and highway safety with regard to Reigate and Banstead Borough Local Plan policies Ho9, Ho13, Mo5 and Mo7. INFORMATIVES
1. Your attention is drawn to the safety benefits of installing sprinkler systems as an integral part of new development. Further information is available at www.firesprinklers.info.
2. The applicant is encouraged to provide renewable technology within the development hereby permitted in order to reduce greenhouse gas emissions. 3. The applicant is advised that prior to the initial occupation of any individual dwelling hereby permitted, appropriate refuse (conforming to British Standard BSEN840) and separate recycling bins for paper/card and mixed cans, and storage facilities for the bins should be installed by the developer prior to the initial occupation of any dwelling hereby permitted. Further details on the required number and specification of wheeled bins and recycling boxes is available from the Council’s Neighbourhood Services on 01737 276501 or 01737 276097, or on the Council’s website at www.reigate-banstead.gov.uk. 4. You are advised that the Council will expect the following measures to be taken during any building operations to control noise, pollution and parking:
(a) Work that is audible beyond the site boundary should only be carried out between 08:00hrs to 18:00hrs Monday to Friday, 08:00hrs to 13:00hrs Saturday and not at all on Sundays or any Public and/or Bank Holidays;
(b) The quietest available items of plant and machinery should be used on site. Where permanently sited equipment such as generators are necessary, they should be enclosed to reduce noise levels;
(c) Deliveries should only be received within the hours detailed in (a) above;
(d) Adequate steps should be taken to prevent dust-causing nuisance beyond the site boundary. Such uses include the use of hoses to damp down stockpiles of materials, which are likely to generate airborne dust, to damp down during stone/slab cutting; and the use of bowsers and wheel washes;
(e) There should be no burning on site;
(f) Only minimal security lighting should be used outside the hours stated above; and
(g) Building materials and machinery should not be stored on the highway and contractors’ vehicles should be parked with care so as not to cause an obstruction or block visibility on the highway.
Further details of these noise and pollution measures can be obtained from the Council’s Environmental Health Services Unit. In order to meet these requirements and to promote good neighbourliness, the Council recommends that this site is registered with the Considerate Constructors Scheme - www.ccscheme.org.uk/index.php/site-registration. 5. The use of a suitably qualified arboricultural consultant is essential to provide acceptable supervision and monitoring in respect of the arboricultural issues in respect of the above conditions. All works shall comply with the recommendations and guidelines contained within British Standard 5837. 6. The use of landscape/arboricultural consultant is considered essential to provide acceptable submissions in respect of the above relevant conditions. Replacement planting of trees and shrubs shall be in keeping with the character and appearance of the locality. There is an opportunity to incorporate structural landscape trees into the scheme to provide for future amenity and long term continued structural tree cover in this area, including along the Marketfield Way frontage. It is expected that the structural landscape trees will be, as a minimum, of Advanced Nursery Stock sizes with initial planting heights of not less than 4.5m with girth measurements at 1m above ground level in excess of 16/18cm. 7. The application site is situated on or in close proximity to land that could be potentially contaminated by virtue of previous historical uses of the land. As a result, there is potential for a degree of ground contamination to be present beneath part(s) of the site. Groundworkers should be made aware of this so suitable mitigation measures and personal protective equipment measures (if required) are put in place and used. Should significant ground contamination be identified, the Local Planning Authority should be contacted promptly for further guidance. 8. The site is situated next to and plans to discharge into the Redhill Brook, which is a main river within the remit of the Environment Agency. The applicant will require an Environment Agency flood risk activity environmental permit prior to works being undertaken. This is clearly set out within the applicant’s submitted drainage strategy and consultation has previously taken place with the Environment Agency. 9. The developer is reminded of the need to comply with Network Rail requirements and standards for the safe operation of the railway and the protection of Network Rail’s adjoining land, both during construction and after completion of works. 10. The permission hereby granted shall not be construed as authority to carry out any works on the highway. The applicant is advised that a permit and section 278 agreement must be obtained from the Highway Authority before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway. All works on the highway will require a permit and an applicaton to be submitted to the County Council’s Street Works Team up to 3 months in advance of the intended start date, depending on the scale of the works proposed and the classification of the road. Please see: www.surreycc.gov.uk/roads-and-transport/road-permits-and-licences/the-traffic-management-permit-scheme 11. The developer is advised that as part of the detailed design of the highway works required by the above conditions, the County Highway Authority may require necessary accommodation works to street lights, road signs, road marking, highway drainage, surface covers, street trees, highway verges, highway surfaces, surface edge restraints and any other street furniture/equipment. 12. When a temporary access is approved or an access is to be closed as a condition of planning permission and agreement with, or licence issued by, the Highway Authority Local Highways Service will require that the redundant dropped kerb be raised and any verge or footway crossing be reinstated to conform with the adjoining existing surfaces at the developers expense. 13. The developer is reminded that it is an offence to allow materials to be carried from the site and deposited on or damage the highway from uncleaned wheels or badly loaded vehicles. The Highway Authority will seek, wherever possible, to recover any expenses incurred in clearing, cleaning or repairing highway surfaces and prosecutes persistent offenders. (Highways Act 1980 Sections 131, 148, 149).
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