APPENDIX A KINGSTON TOWN PLANNING SUB COMMITTEE WEDNESDAY ... 20-01-2010... · appendix a kingston town planning sub committee wednesday 20 january 2010 report by service director

APPENDIX A

KINGSTON TOWN PLANNING SUB COMMITTEE

WEDNESDAY 20 JANUARY 2010 REPORT BY

SERVICE DIRECTOR (PLANNING AND TRANSPORTATION) PLANNING APPLICATIONS

INDEX

ITEM NO

REGISTER NO

ADDRESS DESCRIPTION RECOMMENDATION PAGE NO

Report 212898

A1 09/12122 44 Old London Road, Kingston Upon Thames, KT2 6QF

Erection of a three storey rear extension and conversion of 1st, 2nd and roof space of existing building to create 9 x studio flats. Alteration to loft area on front elevation. Outline application with details of access, appearance, layout and scale only to be considered at this stage

REFUSE A2

A2 09/12284 117 London Road, Kingston Upon Thames, KT2 6NH

Alterations and additions to the existing building to provide two additional storeys comprising 4 x 1 bedroom and 4 x 2 bedroom flats on first, second and third floors, with associated cycle parking, amenity space and landscaping; alterations to shop front to ground floor retail unit and additional entrance door to side elevation

REFUSE A9

A3 09/12426 1a Latchmere Road, Kingston Upon Thames, KT2 5TP

Side, rear and second floor extensions PERMIT A18

APPENDIX A


WEDNESDAY 20 JANUARY 2010 REPORT BY

SERVICE DIRECTOR (PLANNING AND TRANSPORTATION) PLANNING APPLICATIONS

INDEX

ITEM NO

REGISTER NO

ADDRESS DESCRIPTION RECOMMENDATION PAGE NO

Report 212898

A4 09/12606 55 Kingston Hill, Kingston Upon Thames, KT2 7PS

Erection of three storey building with rooms in the roof and underground parking to create 9 flats comprising 7 x 2 bedroom and 2 x 1 bedroom at side and rear of 55 Kingston Hill and demolition of part of wall to create vehicular access from Queens Road (renewal of planning permission 07/12163/FUL).

PERMIT A28

A5 09/12607 55 Kingston Hill, Kingston Upon Thames, KT2 7PS

Demolition of rear first floor extension; demolition of part of garden wall on Queens Road.

PERMIT A43

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WEDNESDAY 20 JANUARY 2010

REPORT BY THE SERVICE DIRECTOR (PLANNING AND TRANSPORTATION)

PLANNING APPLICATIONS

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

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Kingston Town Planning Sub Committee

Date of Meeting: 20/01/2010

A1 Register No: 09/12122/OUT

Address: 44 OLD LONDON ROAD, KINGSTON UPON THAMES, KT2 6QF

(c) Crown Copyright. All right reserved. Royal Borough of Kingston 2007. Licence number 100019285.

[Please note that this plan is intended to assist in locating the development it is not the site plan of the proposed development which may have different boundaries. Please refer to the application documents for the proposed site boundaries.]

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Ward: Grove Description of Proposal: Erection of a three storey rear extension and

conversion of 1st, 2nd and roof space of existing building to create 9 x studio flats. Alteration to loft area on front elevation. Outline application with details of access, appearance, layout and scale only to be considered at this stage

Plan Type: Outline Application Expiry Date: 10/11/2009

Applicant's Plan Nos:

Block plan Received 15/09/2009

PLR02097 Received 30/07/2009

PLR02093B Received 30/07/2009

Design and Access Statement Received 22/06/2009

PLR02091 Received 05/03/2009

PLR02093 Received 05/03/2009

PLR0209 Received 05/03/2009

BASIC INFORMATION

Development Plan: Mayor for London - The London 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 H1 Protection of Residential Amenities H2 Residential and Other Uses in Residential Areas K12 Areas of Special Character MW1 Development of Waste Management Facilities RES3 Determination of Planning Applications SPG Residential Extension STR3 Housing Need STR6 Conserving and Enhancing the Built Environment T1 Transport Safety T20 Compliance with Car and Cycle Parking Standards

Total Site Area 0sq m Total Floor Area 0sq m

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Density Dwellings Habitable rooms No. of Units Car Parking: required Car Parking: proposed

Consultations

1. Neighbour notification 22 adjoining owner/occupiers have been consulted. No responses have been received.

2. Neighbourhood Traffic Engineer - (1) Parking Standards permitted. 9 off street parking bays are required.

No parking is available. The application site is in an area which has very limited on-street parking provision for residents and where on-street parking is already heavily subscribed.

(2) The lack of onsite parking would result in added pressure for residents parking permits in the area, and therefore, the scheme will need to be formally designated as a "no-car" scheme. If planning consent is granted, a legal Agreement should be entered into covering. (a) A requirement to preclude residents from applying for on street

residents parking permits and for permits to park in Council-owned car parks in the area.

(b) A requirement to inform potential buyers/tenants of the above exclusion and to publicise the lack of parking provision in sales brochures.

(3) Minimum Cycle Parking. 9 spaces are required. None is provided. Financial contribution should be sought.

3. Waste Management - No arrangement has been made for refuse storage and recycling. The number of flats proposed for this site would require an accessible bin store with the provision to accommodate 2 x 660 litre euro-bin for refuse and 6 x 240 litre wheelie bins for recycling.

4. Climate Change and Sustainable Travel Officer - (1) The developer has indicated that the development will incorporate

roof mounted solar photovoltaics. In light of this it is recommended that a condition be applied that ensures this commitment is implemented. It is also recommended that an energy strategy be submitted to assess the energy demand of the development and therefore size the solar panels accordingly. Details of the methodology for writing an energy strategy can be found in the London Plan Supplementary Planning Guidance: Sustainable Design and Construction, 2006.

(2) As the development is comprised of affordable units, the development is required to achieve a Code for Sustainable Homes level 3. It is recommended that a condition should be applied to the application to ensure the development meets the requirements of Code level 3 and that an Interim Design Stage Assessment Certificate be provided before the commencement of development.

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Site and Surroundings

5. The site is a three storey terraced building, with accommodation in the roof space on the southern side of Old London Road. The ground floor of the building comprises a retail unit with entrances on both Old London Road and Fairfield North. The building is neither listed nor within the boundaries of a conservation area. It is however, opposite a listed building, No 43 Old London Road and falls within the Old London Road Area of Special Character as designated in the K+20 Kingston Town Centre Area Action Plan.

6. To the west of the site is a large, three storey building with accommodation in the roof space that given planning permission in 1984 (ref: 28812) whilst to the east there are lower level buildings with traditional two storey hipped building per pair.

Proposal

7. The proposal relates to the erection of a three storey rear extension and the conversion of the 1st, 2nd and roof space of the existing building to create nine studio flats.

Assessment

The main considerations material to the determination of this application are:

1. Principle of Proposed Development 2. Impact on Character of Area 3. Impact on Neighbour’s Residential Amenity 4. Highways and Parking 5. Trees 6. Legal Agreements 7. Sustainability 8. Other Material Considerations

Principle of Proposed Development

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. Although the site is not a wholly residential area, the upper floors above many of the buildings along this parade are residential, therefore the principle of residential development on the upper floors is considered acceptable subject to it complying with other relevant policies in the UDP.

Impact on Character of Area

9. The application site falls within the boundary of the Old London Road Area of Special Character.

10. The buildings at 44-54 Old London Road form a row of terraced buildings of similar design that front both Old London Road and Fairfield North. They are all red bricked, three storey buildings that

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have pitched roofs from front to back along Old London Road whereas the rear of the premises are generally dominated by two storey hipped structures. The application site is an anomaly in this respect as it only comprises a single storey rear building the entire width of the plot.

11. Although No's 34-42 Old London Road to the east of the site is a larger building in terms of its height and depth, it is considered that any development of the application site should relate more closely to the design of No's 46-54, given that it is this row of terraced buildings in which the application site forms part.

12. The proposed building would have a four storey flat rear elevation which would result in a flat roof of 9 metres deep that would incorporate into the existing pitched roof. As a result of its proposed design and scale the building would fail to harmonise with No's 46-54. The eaves of these buildings would be 2.5 metres lower than the flat roof and the building would create a blank facade of 5.5 metres deep when viewed from the eastern side of Fairfield North. The flat roof is particularly uncharacteristic with the buildings in the surrounding area and the general form is considered unsympathetic to neighbouring properties. As such, it the proposal is out of character with the area and would have a harmful visual impact upon the street scene. The proposal therefore fails to comply with policies BE11 & STR6 of the Royal Borough of Kingston upon Thames Unitary Development Plan and policy K12 of the K+20 Kingston Town Centre Area Action Plan 2008.

Impact on Neighbours’ Residential Amenity

13. Policy H1 of Council's UDP seeks to safeguard residential amenities in terms of noise and disturbance, privacy and safety, outlook, and daylight. Policy BE12 of the UDP also reinforces these sentiments, whilst also seeking (amongst other things) avoidance of noise, vibration and other disturbance, provision of adequate off street parking, and the provision of adequate amenity space.

14. The proposed building would extend as far as the existing rear elevation of No's 34-42 Old London Road. There are three obscurely glazed windows in the side elevation of No 42 Old London Road that would be blocked by the proposed building. However, as these windows do not serve habitable rooms it is considered that the extension would not have a detrimental impact upon the amenities of No 42 in terms of loss of outlook, privacy or daylight/sunlight.

15. In the rear elevation of No 46, located to the east of the application site there are windows, some of which some serve habitable rooms. As such it is considered that, at a depth of 4.9 metres, the extension would have a significant impact upon these windows in terms of outlook and daylight/sunlight. The extension is also considered to be an overbearing and over dominant structure when viewed from No 46.

16. Policy STR3 (Housing Need) states that the Council will seek to ensure that all residents enjoy a standard of accommodation to meet their needs. The application proposes the provision of nine studio flats

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of which range from approximately 19-24 square metres in floor area. At this size, the units are not considered to create an acceptable standard of accommodation. Additionally, the studio flats No's 2, 3, 5 & 6 facing onto Fairfield North only have one light source through a south facing door that leads onto a small balcony. As such, the residential units are considered to be sub-standard and fail to comply with UDP policies which seek to safeguard residential amenity. The studio flats also fail to accord with the Lifetime Home standards.

Highways & Parking

17. The proposed dwellings do not have the provision for off street parking provision. Therefore in the event of an approval the application should be subject to a S106 legal agreement precluding the residents from parking permits.

18. The Councils UDP cycle parking standards state that 1 cycle parking space is required for each unit. The proposal should therefore provide 9 cycle parking spaces. However, none are proposed and the application is therefore contrary to policy T20 of the UDP.

Trees

19. There are no landscaping or tree issues associated with this application.

Legal Agreements

20. There are no legal agreements associated with this application.

Sustainability

21. The proposal indicates that solar photovoltaic's would be mounted on the roof of the building. Noting the Councils Climate Change and Sustainable Travel Officer's comments, in the event of an approval it is considered that a matter should be reserved to ensure this commitment is implemented and an energy statement be submitted to assess the panels accordingly.

Other Material Considerations

22. The proposed units fail provide any provision for either refuse storage or recycling facilities. Although this could usually be dealt with under condition, it is considered that the building does not have the capacity to provide such provision.

Recommendation:

Refuse for the following reason(s):

1 The proposed building, by reason of its design and scale, would result in an incongruous feature that is uncharacteristic with the

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surrounding area and is therefore detrimental to the appearance of the street scene. The proposal is therefore contrary to policies BE11 & STR6 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and policy K12 of the K+20 Kingston Town Centre Area Action Plan 2008.

2 The proposed building, by reason of its scale, would be an overbearing feature that would have a detrimental impact upon the amenities of No 46 Old London Road in terms of loss of outlook and daylight/sunlight. The proposal therefore fails to comply with policies H1 & BE12 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

3 The proposed studio flats, by reason of their size, layout and singular light source, would result in a sub standard form of accommodation to the detriment of the amenities of future occupiers of the development. As such, the proposal is contrary to policies STR3 and BE12 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

4 The proposed building fails to provide sufficient cycle parking spaces in accordance with the Council's cycle parking standards. The proposal is therefore contrary to policy T20 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

5 The proposed studio flats fail to provide any form of refuse storage or recycling facilities. The proposal does not therefore comply with policy MW1 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

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A2 Register No: 09/12284/FUL

Address: 117 LONDON ROAD, KINGSTON UPON THAMES, KT2 6NH



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Ward: Norbiton Description of Proposal: Alterations and additions to the existing

building to provide two additional storeys comprising 4 x 1 bedroom and 4 x 2 bedroom flats on first, second and third floors, with associated cycle parking, amenity space and landscaping; alterations to shop front to ground floor retail unit and additional entrance door to side elevation

Plan Type: Full Application Expiry Date: 17/07/2009


Planning, Design, & Access Statement

Received 22/05/2009

A9450 D O 001 Received 21/05/2009

A9450 D O 051 Received 21/05/2009

A9450 D O 052 Received 21/05/2009

A9450 D O 002 Received 21/05/2009

A9450 D O 050 Received 21/05/2009

A9450 D O 061 Received 21/05/2009

A9450 D O 062 Received 21/05/2009

A9450 D O 100 Received 21/05/2009

A9450 D O 101 Received 21/05/2009

A9450 D O 102 Received 21/05/2009

A9450 D O 103 Received 21/05/2009

A9450 D O 104 Received 21/05/2009

A9450 D O 210 Received 21/05/2009

A9450 D O 220 Received 21/05/2009

A9450 D O 230 Received 21/05/2009

A9450 D O 152 Received 21/05/2009

A9450 D O 150 Received 21/05/2009

A9450 D O 151 Received 21/05/2009

A9450 D O 300 Received 21/05/2009

A9450 D O 240 Received 21/05/2009

A9450 D O 201 Received 21/05/2009

A9450 D O 202 Received 21/05/2009

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BASIC INFORMATION


UDP Policies

3A.3 Maximising the potential of sites 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 BE19 Areas of Archaeological Significance BE6 Works Affecting the Character of Listed Buildings E1A Existing Employment Land Outside

Industrial/Warehouse/Business Areas H1 Protection of Residential Amenities K9 Design Quality in the Town Centre 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 0sq m Total Floor Area 0sq m Density Dwellings Habitable rooms No. of Units Car Parking: required Car Parking: proposed

Previous Relevant History

99/03109/FUL Erection of external plastic coated metal cladding to front and side of existing building

Refused 01/06/1999

Consultations

1. Neighbour Notification - 36 adjoining owner occupiers consulted and site notice posted. Two responses received objecting to the proposal for the following grounds;

(1) building is two storeys higher than the existing building and would be out of scale with the immediate surroundings;

(2) the impact of the proposal on the listed building needs to be taken

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into account; (3) the eastern elevation would not improve the townscape from

London Road; (4) the proposal will overshadow 119 London Road and the flank wall

at 13m would be oppressive; (5) the proposal would blight the future redevelopment potential of 119

London Road; 2. Neighbourhood Traffic Engineer - objects on the grounds of highway

safety. 3. Economic Regeneration - objects on the grounds of loss of employment

floorspace. 4. Conservation Officer - objects to the proposal on grounds of inappropriate

design and impact on the setting of listed buildings.


5. The application site is roughly rectangular in shape approximately 0.06ha in area. It is located near the Kingston Town Centre in a highly accessible location. On site currently exists a two storey commercial building. The ground floor is occupied by HSS hire shop with vacant offices above. To the front of the site is a hard surfaced forecourt and access and servicing to the side and rear.

6. The surrounding area is mixed in character in respect of uses and scale. To the west of the site is a group of important heritage buildings. These consist of the Grade II listed 14th century Lovekyn Chapel; the Grade II 17th century block adjoining the north side of the Lovekyn Chapel; the Grade II listed Tiffin School building of 1754 and the associated boundary wall to Queen Elizabeth Road.

7. To the east of the site are commercial buildings with varying heights from one to three storeys. To the south of the application site is a three storey residential building and a 2 to 3 storey building of contemporary design which is part of the Kingston Grammar School. The Fairfield Knights Park Conservation Area is located to the south west of the site.

Proposal

8. The proposal seeks to retain the commercial use at ground floor and provide residential accommodation above through the conversion of the first floor offices and the construction of two additional storeys. The building will be renovated and additional design features added.

9. The residential accommodation will be located above the retained commercial use at ground floor over three floors. There will be 2 two bedroom and 2 one bed flats on the first and second floors with balcony space. On the third floor 2 two bedroom flats with outside terrace are proposed.

10. Pedestrian access to flats is via a 1.2m wide access way along the western boundary which leads to a stairwell and internal lift. Bike stores

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and a small area of outside amenity space are located to the northern end of the application site. Refuse storage is located in the northern core at ground floor level. No off street parking is provided there is however a parking bay next to the commercial ground floor use to the east, for servicing vehicles.

11. The building has been designed with a flat roof with an overall height of 12.5m, with the original building having a height of 6.8m.

Assessment




12. Policy E1a of the UDP seeks to retain employment uses on existing employment sites. If it is impractical to keep a site in employment use, then other alternative uses will be considered, so long as it has been demonstrated through robust marketing.

13. The ground floor commercial use is to be retained, there is no policy objection to the retention of this use so long as other plan policies are complied with in respect of amenity, parking and servicing and no conflict arises with the proposed residential use.

14. To accommodate the residential units above, there would be loss of approximately 271 sq m of B1 (office) floorspace. The applicants justification for the loss of the employment is based on the buildings failure to meet modern commercial space standards. The premises have been marketed through one agent from October 2004 to June 2007. The applicants state that no interest was received no further details are provided. It is accepted that the current office floorspace is not "fit for purpose" and will struggle to find a tenant in its present condition as the marketing clearly shows. However, the marketing only highlights the lack of demand for this type of commercial floorspace, not the lack of demand of any type of commercial floorspace.

15. The applicants have only provided evidence of marketing through one agent. The last marketing exercise was undertaken in 2007 and therefore is not considered to be recent and no detailed marketing data has been supplied.

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16. The Council would need to see evidence of an active marketing campaign from estate agents detailing exactly how, where and when the property was advertised, the number of sales particulars sent out and details of any inquiries made. The applicants would also have needed to supply professional assessments of the market value of the property, for the Council to judge whether the asking price was realistic. The Council have no way of knowing whether the lack of interest is simply because the asking price is significantly above the market value. Finally, to ensure that current market conditions are tested, it is normal for marketing to be conducted over the period immediately prior to the submission of a planning application. The applicants marketing cannot therefore be considered to be rigorous and it is the Council's contention that insufficient evidence has been provided to justify the loss of employment floorspace.

17. The Councils Employment Land Review (ELR) which was completed in October 2008, which clearly demonstrates that the transfer of employment land to alternative uses should be carefully restricted during the plan period in line with the London Plan and the guidance set out in the SPG on Industrial Capacity. The ELR presents a strong case for the Local Development Framework (LDF) to facilitate the improvement in the qualitative supply of sites and premises in response to the needs of Kingston's existing and future business base. Moreover, there is evidence to support the adoption of LDF policies which aim to increase the availability of sites and premises for small businesses in Kingston despite the perceived overhang in the supply of office accommodation that is often unsuitable for small enterprises and key sector activities in terms of size, cost, ownership, flexibility and location.

18. It is therefore considered this is an employment site that is quite capable of remaining in employment use under policy E1a.


19. Policy BE11 of the UDP sets out the principals of good design and seeks to ensure that the appearance and siting of new buildings will not cause unacceptable harm to the visual quality and character of the locality. Particular emphasis is placed on the relationship between adjoining properties and the streetscene. Although the application site is not within a conservation area Policy BE11 considers that due regard should be had to design, appearance and siting in order to maintain and improve environmental standards.

20. Policy STR6 of the UDP seeks to achieve a high quality built environment in the borough. This will be achieved by conserving and enhancing the existing environment and requiring that a high standard of design for new developments is achieved which is appropriate to the character of the surroundings.

21. Policy BE6 states that new development should not affect the setting and should not adversely affect the buildings character as one of special architectural or historic interest.

22. This need to preserve the setting of listed building is reinforced at

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para 2.16 of PPG 15 (Planning and the Historic Environment) where it is stated that local planning authorities have a duty when considering applications for planning permission for works which affect a listed building to have special regard to certain matters, including the desirability of preserving the setting of the building. The setting is often an essential part of the building's character.

23. A modern designed building, such as this may be appropriate in this location provided that massing, proportions and the quality and refinement of detail and finish will allow the proposal to sit comfortably next to the existing architecture which is important in heritage terms.

24. The application site is located to the east of one of the boroughs key historical buildings which includes the 14th century Lovekyn Chapel (Grade II). The proposed development will result in the recladding of the existing building and extending upwards by two storeys. The scale, bulk and massing of the proposed building will have a significant impact on the setting of these important listed buildings, principally in longer views of both the school building and chapel. The additional of two storeys would add to the buildings bulk and the incorporation of design features such as the sun shade only adds to the visual clutter and bulk without contributing to the buildings function, space or architectural substance.

25. It is therefore considered that the proposal offends policies BE6, STR6 and BE11 of the UDP.


26. Application site is not bounded by any residential properties and consequently no harm will be caused to any adjacent or nearby occupier in respect of loss of outlook, daylight and privacy.

27. The commercial occupiers at 119 London Road will not be affected by the proposal as its operation will not be affected by the proposal. The existing building abuts the shared boundary with 119 London Road, the eastern elevation will increase in scale with the addition of two additional storeys. No windows are proposed in this elevation and no issues of overlooking or loss of privacy would occur. The elevation facing 119 London Road will be dominant due to its sheerness, as this blank elevation faces a commercial use there would no significant impact.

28. It is also considered that the proposed development in respect of its layout, internal floorspace arrangement and position of balconies, amenity space and storage would achieve a reasonable standard of accommodation for future occupiers of the development.

Highways & Parking

29. The application site is located in a highly accessible location and the applicants have not provided any off street parking. A car free development in this location is acceptable, subject to the developers entering a 106 agreement to precluding residents from applying for on street residents parking permits and permits to park in council owned car parks in the area.

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30. The Councils Neighbourhood Traffic Engineer has recommended that the scheme be refused on highway safety grounds. The scheme is considered unacceptable as the proposed layout and servicing arrangements would not allow sufficient width or height for emergency and services vehicles. The access width is also sub standard and would result in service vehicles reversing onto the front forecourts, which is also to be use by customer parking, would lead to conflict between vehicles resulting in highway safety concerns. The proposal would therefore conflict with Policy T1 of the UDP.

Trees

31. The proposed development will not have any impact on trees.

Legal Agreements

32. A financial contribution towards the funding of additional school places generated by the development is required in accordance with the Council's adopted policy. The applicant has not signed an undertaking to secure the payment of this contribution. The proposal therefore fails to accord with Policy RES8 of the UDP.

Sustainability

33. The development would make effective use of the site in a relatively accessible location. The design incorporates a number of energy conservation features which includes thermal insulation; installation of combination condensing boilers to achieve a target minimum of 90% energy efficiency on heating and water and roof mounted photovoltaic panels. The London Plan seeks a target a 20% reduction on carbon emission from on site renewables. This can be secured by condition.


34. The proposal fails to take into account the needs of disabled residents. There is no on-site parking, and no indication of what the off-site parking provision is to accommodate use by disabled people. The London Plan requires developers

35. Must demonstrate where disabled drivers can park in order to easily use the development. The needs of disabled residents will need to be taken into account in developments with low or no car parking provision, so that adequate spaces, either on site or convenient dedicated on-street spaces are identified for occupants

36. The scheme includes 8 dwellings and no wheelchair accessible dwellings are provided. The London Plan states that 10% of all new housing should be wheelchair accessible. RBK policy states that because much of development within Kingston is on small sites, that a wheelchair housing unit will be sought on developments of less than 10 units wherever practicable.

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Recommendation:

Refuse for the following reason(s):

1 The proposed development by reason of its design, appearance, bulk and massing is considered to have an unacceptable impact on the setting of the adjoining listed buildings, the Fairfield Knights Park Conservation Area and the visual character and views to this important approach to Kingston Town Centre. The proposal therefore fails to accord with Policies BE3, BE6, BE11 and STR6 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

2 The proposed development by reason of its layout and design fails to provide adequate parking and servicing arrangements which could lead to conditions prejudicial to highway and pedestrian safety and meeting the access needs of disabled persons. The proposal therefore fails to accord with Policies T1, BE12 and RES3 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

3 The proposed development results in the loss of employment floorspace, for which no justification has been demonstrated, contrary to Policy E1a of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

4 The development fails to provide of a contribution towards the funding of additional school places generated by the development. For this reason the development would be contrary to Policy RES8 of the Royal Borough of Kingston on Thames Unitary Development Plan First Alteration.

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A3 Register No: 09/12426/HOU

Address: 1A LATCHMERE ROAD, KINGSTON UPON THAMES, KT2 5TP



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Ward: Tudor Description of Proposal: Side, rear and second floor extensions Plan Type: Householder Expiry Date: 06/10/2009


Design statement Received 11/08/2009

OS site map Received 11/08/2009

LRP/01 Received 11/08/2009

LRP/02 Rev B Received 17/11/2009

BASIC INFORMATION


UDP Policies

BE11 Design of New Buildings and Extensions BE12 Layout and Amenity of Buildings and Extensions BE3 Development in Conservation Areas BE4 Demolition of Buildings in Conservation Areas H1 Protection of Residential Amenities SPG Residential Extension STR6 Conserving and Enhancing the Built Environment T1 Transport Safety T20 Compliance with Car and Cycle Parking Standards


Consultations

1. Neighbour Notification - 13 neighbour notification letters were sent and a site notice displayed. A total of 11 letters were received from local residents, objecting to the proposal on the following grounds:

(1) Overdevelopment of the site (disproportionate to the size of the plot); design of house disproportionate (tall and narrow);

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(2) Interferes with 'rights of light' to no. 1 Latchmere Road; (3) Loss of privacy to the rear gardens in Richmond Road; loss of

privacy to no. 1 Latchmere Road; (4) Overbearing structure on no. 1 Latchmere Road; (5) Extensions to the house are out of character with the wider

Conservation Area; (6) Inappropriate choice of finish (white render) to the property. London

Brick and Slate roof tiles would be more appropriate; (7) House extensions will come forward of the established building line

(bay window); (8) House extensions will be built behind the rear building line; (9) Extensions appear to be extensive and amount to a 'new build'

house; (10) Height of the house is not in keeping with the other houses in the

street which are in general only 2 stories high; impact on trees; increased parking on street from intensification of development.

2. Neighbours were re consulted on the 20th November 2009 following revisions to the plans. 7 additional letters were received from/on behalf of 6 individuals. In general letters stated that original objections still stand despite alterations to the scheme, although one letter introduced additional evidence drawing further attention to the rights of light of no.1 Latchmere Road.

3. Kingston Town Conservation Area Advisory Committee - object to the application on the following grounds:

(1) Description of building is incorrect - new build house as opposed to an extension;

(2) Density of development exceeds that of existing building; (3) Rights of light' to no. 1 Latchmere Road will be compromised; (4) Incongruous development in the streetscape.

4. Neighbourhood Traffic Engineer - the forecourt is of an adequate size to accommodate parking requirements i.e. a maximum of three spaces.

5. Landscape and Tree Officer - has commented that the extensions will increase the conflict between the street tree to the front of the site and the house. However, the opinion is that the street tree should not preclude this development as the tree is regularly pollarded and ground protection measures could be taken to prevent damage to the trees roots.


6. The application relates to a two-storey, detached building which lies on the north side of Latchmere Road. The building was constructed in the 1960s and features rendered walls, painted white and concrete tiles. The property features hard surfaced area to the front, currently used as car parking and features a detached garage to the rear. The site falls within the Richmond Road Conservation Area.

Proposal

7. The applicant is seeking permission for side, rear and second floor extensions to the existing property. To the side, the original house will be

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extended by approximately 1.3 metres, although following the original form of the house this will be stepped so that a gap of at least 900mm is retained between the flank wall of the property and the shared boundary with the adjoining properties in Richmond Road. To the rear a proposed single storey extension will take the rear wall of the property back by approximately 2.65 metres. The rear wall of the existing building at first floor is to be extended back in line with the rear wall of the property at no. 1 Latchmere Road. A second storey is to be added taking the ridge height to 10 metres from 6.9 metres. The whole house will be rendered 'off-white' and finished with concrete terracotta roof tiles.

8. The western elevation will have three windows providing light to a stairwell and a kitchen. The entrance door to the property will be through the western elevation via a side access.

Assessment




9. The principle of an extension to a residential dwelling in a predominantly residential area is considered appropriate under policy H2 of the UDP subject to other plan policies relating to design, amenity and highways are complied with.


10. The building as it currently stands is an anomaly in the Latchmere Road. Built much later than most of the other buildings in this street, the character and appearance of this dwelling is considered at odds with both the neighbouring properties and the character and appearance of the Conservation Area. It is considered that the addition of a second floor and raising the eaves height of the property in line with the neighbouring property at no.1 Latchmere Road, the house would not be an incongruous or over dominant building.

11. It is acknowledged that the majority of the houses in the street are two storey, but the overall height and massing of this development is in keeping with the scale of other development in the street. The overall detailing is also similar to that on houses elsewhere in the street with

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gable end roof fronting the street, and a projecting bay feature at ground and first floor to the front elevation. The use of render as a finish is also considered appropriate as although the character of the street is late Victorian featuring red brick houses, there is some variation in the finishes along Latchmere Road, with 'off-white' render featuring on houses elsewhere in the street.

12. The proposal is therefore considered to be appropriate in terms of design and not considered to be detrimental to the character and appearance of the streetscape or Conservation Area and accords with policies BE3, BE11 and STR6 of the UDP.


13. The main impacts for consideration here are the impact of the development on neighbouring residential properties in terms of loss of outlook, daylight and privacy.

14. It is acknowledged that the height and bulk of the existing house will increase as a result of the extensions proposed. The dwelling with the most potential to experience harm in this respect is no.1 Latchmere Road as the nearest residential property. In terms of over dominance it is considered that the additions proposed are within existing building lines both front and back and consequently house and extensions would not be visible when viewed from the rear of no. 1 Latchmere. The single storey extension to the rear of the house would also not appear as an over dominant feature on account of an existing 1.8 metre high boundary wall and a change in levels between the rear of no.1 and no.1A so that the extension will be lower by 0.5 metres. In addition as both properties are to be built fairly close to their shared boundary the extensions are unlikely to represent an additional over dominance to the occupants of no. 1 Latchmere as essentially the windows in this flank wall currently face the blank wall of no. 1a.

15. The houses in Richmond Road with rear gardens that back onto the site are considered to be of sufficient distance to the boundary so that the proposed works will not appear over dominant when viewed from the rear of these houses.

16. In terms of overshadowing and loss of light, no.1 Latchmere Road has the biggest potential for a loss of amenity in this respect. Although the residents of this property have raised the concern that they will suffer a loss of light through windows in the flank wall facing no. 1a it is considered that these windows do not serve habitable rooms (kitchen, stair well, bathrooms) and currently look out onto a blank wall. The kitchen and garden rooms also have secondary sources of light. In this respect any loss of light experienced is not considered to be to the detriment to the residential amenities of this property.

17. Finally in terms of loss of privacy new windows are proposed in both side elevations of the dwelling. Those facing no.1 are either proposed to be obscure glazed or are inserted into the roof as roof lights to a level of 1.7 metres and as such are unlikely to give rise to overlooking. Three new windows in the opposite side wall facing the

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rear of properties in Richmond Road serve a stairwell and although are unlikely to give rise to overlooking could be obscure glazed to protect the privacy of residents using their gardens. A single roof light also features in this elevation which is also high level (1.7 metres above finished floor level) and again is unlikely to give rise to overlooking.

18. The proposal therefore complies with policies H1 and BE12 of the Kingston upon Thames UDP.

Highways & Parking

19. The proposed extension through adding 3 additional bedrooms would require a maximum parking requirement of three spaces. The forecourt area is adequate to accommodate these parking requirements. The Council's Neighbourhood Traffic Engineer raises no objection.

Trees

20. Large, mature trees are a characteristic of this street with a mature tree sited directly opposite the application site. This tree is regularly pollarded and shares a similar relationship to the tree opposite no.1 Latchmere. The Council's Tree Officer has noted that although the proposals are likely to increase conflict between this tree and future occupiers, this should not preclude development. A method statement will be required prior to the commencement of development however to ensure protection of this tree during construction.

Legal Agreements

21. There are no legal agreements associated with this development.

Sustainability

22. There are no sustainability issues which cannot be covered by Building Control.


23. There are no other material considerations relevant to this development.

Reason for Approval

24. The proposed development, by reason of its size, design and siting, would conserve the character of the area and would not have a material detrimental impact upon the amenities of the neighbouring properties. The proposal is therefore in accordance with policies H1, BE11, BE12 and STR6 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

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Recommendation:

Approve 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 A sample of the facing materials to be used shall be submitted to and approved in writing by the Local Planning Authority before any works on site are commenced.

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.

3 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting this Order) no windows or other openings (other than those hereby approved) shall be formed in the side walls of the extension hereby approved 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.

4 Before any occupation of the extension the windows serving the stairwell in the west facing side elevation and situated on the first and second floors 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.


5 The site and building works required to implement the development shall be only carried out between the hours of 08.00 and 18.00 Mondays to Fridays and between 09.00 and 13.00 on Saturdays and not at all on Bank Holidays and Sundays.

Reason: To safeguard the amenities of the adjoining residential occupiers in accordance with Policy H1 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

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6 Prior to commencement of the development, a detailed arboricultural method statement and tree protection plan shall be submitted to and approved by the Local Planning Authority. This submission shall include:

(a) A plan to a scale and level of accuracy appropriate to the proposal, that shows the positions, crown spreads and root protection areas (RPA) of every retained tree on site, and on nearby ground or land adjacent to the site, in relation to the approved plans.

(b) A schedule of pre-construction tree works for the above-detailed trees, where appropriate.

(c) Details and positions of the tree root protection zones.

(d) Details and positions of tree protection barriers and ground protection where appropriate.

(e) Details and positions of the construction exclusion zones.

(f) Details and positions of the existing and proposed underground service runs, to be routed to avoid root protection zones where possible.

(g) Details and positions of any change in levels or the positions of any excavations within 5m of the root protection area of retained trees.

(h) Details of any special engineering required to accommodate the protection of retained trees (e.g. in connection with foundations, service installation, bridging water features, surfacing).

(i) Details of the working methods to be employed for the installation of drives, paths within the RPA’s of retained trees in accordance with the principles of ‘No Dig’ construction. The details shall be in accordance with British Standard BS: 5837: 2005 sections 9.3, 9.2, 9, 11.7, 5.2.2 and 10 for requirements (c) to (h) inclusive.

The approved protection scheme shall be implemented and maintained to the reasonable satisfaction of the Local Planning Authority until the completion of the development.

Reason: In the interests of visual amenities and so 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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Informative(s)

1 Your attention is drawn to the need to comply with the relevant provisions of the Building Regulations, the Building Acts and other related legislation. These cover such works as - the demolition of existing buildings, the erection of a new building or structure, the extension or alteration to a building, change of use of buildings, installation of services, underpinning works, and fire safety/means of escape works. Notice of intention to demolish existing buildings must be given to the Council’s Building Control Service at least 6 weeks before work starts. A completed application form together with detailed plans must be submitted for approval before any building work is commenced. For further information and advice, contact – The Service Director (Planning and Transportation) (Building Control), Directorate of Environmental Services, Guildhall 11, Kingston upon Thames, on 020 8547 4699.

2 You have been granted planning permission to build a residential extension. When undertaking demolition and/or building work, please be considerate to your neighbours and do not undertake work in the early morning or late at night or at any time on Sundays of Bank Holidays. Furthermore, please ensure that all vehicles associated with the construction of the development hereby approved are properly washed and cleaned to prevent the passage of mud and dirt onto the adjoining highway. You are advised that the Council does have formal powers to control noise and nuisance under The Control of Pollution Act 1974, the Clean Air Acts and other relevant legislation. For further information and advice, please contact - Environmental Health Department Pollution Section, Guildhall, Kingston upon Thames on 020 8547 5535.

3 The Party Wall Act 1996 requires a building owner to notify, and

obtain formal agreement from, any adjoining owner, where the building owner proposes to:

• carry out work to an existing party wall;

• build on the boundary with a neighbouring property;

• in some circumstances, carry out groundwork’s within 6 metres of an adjoining building.

Notification and agreements under this Act are the responsibility of the building owner and are quite separate from Building Regulations, or Planning Controls. The Building Control Service will assume that an applicant has obtained any necessary agreements with the adjoining owner, and nothing said or implied by the Council should be taken as removing the necessity for the building owner to comply fully with the Party Wall Act. Further information and advice is to be found in “The Party Walls etc. Act 1996 - explanatory booklet” published by the DETR, available free

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of charge from the Environmental Services Helpdesk, Second Floor, Guildhall 11, Kingston upon Thames.

4 Your attention is drawn to the fact that planning permission does not override property rights and any ancient rights of light that may exist. This permission does not empower you to enter onto land not in your ownership without the specific consent of the owner. If you require further information or advice, you should consult a solicitor.

5 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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A4 Register No: 09/12606/FUL

Address: 55 KINGSTON HILL, KINGSTON UPON THAMES, KT2 7PS



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Ward: Canbury Description of Proposal: Erection of three storey building with rooms

in the roof and underground parking to create 9 flats comprising 7 x 2 bedroom and 2 x 1 bedroom at side and rear of 55 Kingston Hill and demolition of part of wall to create vehicular access from Queens Road (renewal of planning permission 07/12163/FUL).

Plan Type: Full Application Expiry Date: 15/01/2010


planning and design statement Received 13/11/2009

supplementary drawings No.01 Received 13/11/2009

Supplementary drawings No.02 Received 13/11/2009




L499-P(0)410 Received 13/11/2009

L499-P(0)400 Received 13/11/2009

L499-P(0)003 Received 13/11/2009

L499-P(0)300C Received 13/11/2009

L499-P(0)102C Received 13/11/2009

L499-P(0)002 Received 13/11/2009

L499-P(0)001 Received 13/11/2009

L499-P(0)103 Received 20/11/2009

Arboricultural Report Received 16/12/2009

L499-P(0)101D Received 04/01/2010

L499-P(0)200D Received 04/01/2010

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BASIC INFORMATION


UDP Policies

3A.2 Borough Housing Targets 3A.3 Maximising the potential of sites 3A.5 Housing Choice 4A.3 Sustainable Design/Construction 4A.7 Renewable Energy BE11 Design of New Buildings and Extensions BE12 Layout and Amenity of Buildings and Extensions BE3 Development in Conservation Areas BE4 Demolition of Buildings in Conservation Areas BE9 Trees and Soft Landscaping H1 Protection of Residential Amenities H2 Residential and Other Uses in Residential Areas RES3 Determination of Planning Applications RES8 Community Benefit S3 Local Shopping Centres SPG Residential Extension T1 Transport Safety T20 Compliance with Car and Cycle Parking Standards

Total Site Area 780sq m Total Floor Area 740sq m Density 707 Dwellings 9 Habitable rooms No. of Units Car Parking: required 11 Car Parking: proposed


07/12162/CAC Demolition of rear first floor extension; demolition of part of garden wall on Queens Road

Grant Conservation Area Consent 03/05/2007

07/12163/FUL Erection of three storey building with rooms in the roof and underground parking to create 9 flats comprising 7 x 2 bedroom and 2 x 1 bedroom at side and rear of 55 Kingston Hill and demolition of part of wall to create vehicular access from Queens Road

Permit Conditions 03/05/2007

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Consultations

1. Neighbouring Notification - 18 notification letters sent and a site and press notice displayed. One letter received from resident of 53 Kingston Hill concerned to ensure adequate provision of refuse and recycling storage facilities.

2. Kingston Town Neighbourhood Conservation Area Advisory Committee - Supports proposal

(1) The development will fill a gap in the frontage and remove any present unsightly open air parking and bin storage.

(2) Repositioning of the vehicular access away from the road junction will improve safety.

(3) The new building will make a positive contribution to the Conservation Area.

3. Housing Department - Comments relating to application 07/12163/FUL are applicable, namely:

(1) It is noted that within the planning and design statement the applicant's architect reiterates that there is no attempt to deliberately design the scheme below the affordable housing provision threshold, and Housing Services is satisfied that Planning & Development support this view.

(2) Due to the fact that the total number of units falls below the threshold at which a proportion of affordable housing would be required in terms of the Council's SPD on affordable housing and, as the site is only 0.058 of a hectare, there is no expectation for the provision of affordable housing on this application.

4. Tree and Landscape Officer: Comments as with original application 07/12163/FUL:

(1) A landscape scheme is required that fully details species and size of plants and trees and that fully specifies the planting conditions to be provided.

(2) Service runs need to avoid landscaped areas. (3) Planting needs to be located and specified such that it does not

interfere with future residents' light - i.e. planting in front of windows should be of species that won't grow taller than the window sill and 'tree' canopies shouldn't block first floor windows for living areas.

(4) The space allocated for the two 'semi-mature' trees is insufficient to allow any significant species to develop to maturity without conflict with building and future residents; 2.5m is insufficient for most canopy spreads of even the most modest of ornamental trees. The space available for development of an adequate root zone is severely limited so that even upright species that may avoid conflict with the building would need to be managed to a reduced form in order to avoid roots from conflicting with underground services etc. In order to achieve some tree presence on the site it is recommended that three Betula utilise 'Silver Ghost' be planted to create some visual impact.

(5) There would appear to be sufficient space to allow a reasonable tree to develop in the triangular area on the bend of the access road at the back of the site. Shrub planting should primarily be

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ground-cover with climbers utilising the walls. (6) The landscape scheme should detail a maintenance programme to

include initial watering, feeding, soil specifications, release of tree ties through the first few seasons and programmed removal of the stakes, shrub planting to the rest of the beds including species, size and planting density.

5. Highways and Transportation - Previous comments relating to application 07/12163/FUL are applicable: car parking standards require a maximum of 11 off-street parking spaces for a development of this nature. 11 parking spaces are provided.

6. Waste Management Group - Refuse and recycling arrangements satisfactory


7. The existing building on the site comprises a three-storey detached Victorian corner property, with accommodation within the roof storey. It comprises a retail unit at ground floor, with two flats above. The large area to the rear and side of the property is used as an open car park. It is located on the junction with Queen's Road and is situated within the Liverpool Road Conservation Area.

8. This part of Kingston Hill is varied in form, although generally of three storeys. On the opposite side of the junction with Queens Road is a public house, with interesting tower feature and on the south-east side of Kingston Hill the substantial hospital development

Proposal

9. The current application is a renewal of the extant planning permission 07/12163/FUL granted 3 May 2007. Permission seeks to retain the existing building at 55 Kingston Hill and extend along the Queens Road frontage. The proposed building is three storeys in height with accommodation within the roof. It provides a total of 9 additional flats comprising 7 two-bedroom and 2 one-bedroom flats, including one wheelchair unit.

10. A basement car park is proposed accessed via a ramp. It provides 9 parking spaces and a cycle store. Two additional surface level parking spaces are proposed.

11. The only changes to the scheme relate to revised refuse and recycling arrangements, with enlarged store concealed behind the retained wall.

12. Also under consideration is a separate application for conservation area consent for demolition of rear first floor extension and part of garden wall on Queens Road 09/12607/CAC.

Assessment


1. Principle of Proposed Development

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2. Impact on Character of Area 3. Impact on Neighbour’s Residential Amenity 4. Highways and Parking 5. Trees 6. Legal Agreements 7. Sustainability 8. Other Material Considerations


13. This is a renewal of an extant planning permission and there have been no material change to policy or site circumstances. The Council's development strategy seeks to increase the supply of housing in the borough, through the efficient use of previously developed land.

14. The development is of relatively high density at 707 HRH, equivalent to 189 dwellings per hectare. Whilst the proposed density is high account needs to be given to the characteristics of the locality, where there are numerous flatted developments in this part of Kingston Hill. It is not considered that this form of development would be excessive or out of scale with the character of the area. For example the development recently built and approved at 48 Kingston Hill was of a density of 736 HRH, equivalent to 380 dwellings per hectare.

15. Each of the flats is of reasonable size and layout. As previously reported, there is some concern about the level of amenity area proposed for the development, which includes a communal rear ground floor terrace (located above the car park) of approximately 52 sq. m and the small area of soft landscaping in front of the development along the Queens Road frontage. The introduction of individual roof balconies would not be considered appropriate in this location. Richmond Park is less than 500m away. Overall, and as with the original decision, it is not considered that the level of provision is so poor as to substantiate grounds for refusal.

16. Therefore there is no objection in principle to the development of the site to provide 9 additional residential flats.


17. The site to the rear of the proposed building is an unattractive area of tarmac used for surface car parking. This leaves a significant gap in a prominent part of the street scene.

18. Government guidance in the form of PPG15 indicates that many conservation areas include gap sites, or buildings that make no positive contribution, their replacement should be a stimulus to imaginative, high quality design, and seen as an opportunity to enhance the area. Special regard should be had for such matters as scale, height, form, massing, respect for the traditional pattern of frontages and detailed design of window openings, in the interests of harmonising the new development with its neighbours in the conservation area. This guidance is supported by UDP policy BE3.

19. The proposed scheme takes the opportunity to improve street

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enclosure on this prominent corner site by extending the existing building along Queens Road. Although the proposed extension has been set well forward onto Queens Road it does break back at the northern end to maintain the established building line and form a visual link with 1-11 (odd) Queens Road. The development has also left a 7 metre gap to the side boundary with 1 Queens Road, sufficient to maintain the rhythm and character of this street. At the southern end the extension has also been set back from the front of No. 55 to maintain the side access to the upper floors of the building and allow the attractive view of the side elevation to remain.

20. In relation to the detailed design aspects, the scheme incorporates a pitched roof, chimneys, and window openings to reflect those in Queens Road. In addition two storey bay windows have been provided on the Queens Road elevation and two front doors, which articulate the front facade of the extension and harmonise with adjacent dwellings.

21. The scale of the extension has been designed to gradually step down to the height of properties on Queens Road and is considered acceptable.


22. The proposed development is not considered to have any material effect on the amenities of the neighbouring properties at 1 Queens Road given the degree of separation and the building line. All windows on the north elevation will also be provided with obscure glazing to the lower half of the window.

23. The main impact of the development will be to 53 Kingston Hill, which comprises ground floor commercial use with flats over. There are windows on the side elevation at ground and first floors and a second floor roof terrace that will be affected by the current proposal. The proposed extension will extend across the rear of the site and will be sited 8m to the north-east of the flank wall of No.53 and extend 8 m beyond the rear building line of No.53. Given this separation and the orientation of the proposed building it is not considered that there will be any material loss of light and no loss of sunlight. The outlook from the flats is currently of an open aspect across the car park and it is acknowledged that this will be reduced as a result of the proposal. However, the loss of aspect is not considered as severe as to substantiate grounds for refusal. Proposed windows in the new development serve a stairway and bedroom and bathroom windows. As with the extant scheme, a condition is necessary to ensure the use of obscure glazing for those parts of the windows below 1.7 metres in height from floor level.

24. There is also a commercial unit at ground floor level comprising 53B Kingston Hill that will be affected by the development in terms of loss of outlook. However, as this is an office use it is not considered that refusal could be substantiated.

25. The proposed terrace is overlooked by bathroom and bedroom windows of the proposed development. These windows are to be

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obscure glazed and include a small area of planting directly in front of the windows. Windows within the existing flats at 55 Kingston Hill will also experience a reduction in light and outlook. These flats are within the applicants’ ownership (freehold and leasehold).

Highways & Parking

26. The existing vehicular access to the site is from a particularly dangerous point on the corner of Queens Road and Kingston Hill. The access is now repositioned away from the junction which is an improvement in highway safety terms.

27. Parking is provided for a total of 11 vehicles, including one disabled space and is in accordance with the Council's maximum parking standards.

28. A total of 10 cycle parking spaces are included, and are provided within the basement parking area. The location of cycle parking in a basement car park is not ideal, but due to site constraints it is not possible to provide this store at ground level. Whilst it is recognised that this is not an ideal situation, in the circumstances it is not considered that there is the policy basis to justify grounds for refusal on this basis.

Trees

29. There are no trees on the site covered by Tree Preservation Order. A mature Sycamore tree and smaller trees are proposed to be cleared form the site. The submitted tree report identifies the Sycamore as a category C tree, with signs of decay. It is estimated to have a safe remaining contribution of between 10 and 20 years. It is proposed to replace this tree with 2 trees on the Queens Road frontage, together with a new tree in the triangular area of land maintained as public highway on the junction of Kingston Hill and Queens Road. Given the limited space available for tree planting, only a limited number of tree species would be appropriate, such as Betula utilis 'Silver Ghost’. This form of deciduous tree would also produce a slender shape with permeable canopy and not detract from the living conditions within the new development itself. Further tree planting is also required in the triangular area on the bend of the access road at the back of the site, to be secured by condition.

Legal Agreements

30. Under Policy RES8 a contribution of £10,500 is required towards provision of net education spaces resulting from this development (for two-bedroom flats only). This is payable only if the development is approved, before its first occupation. This is to be secured by way of a legal agreement.

Sustainability

31. Policy MW3 states that the council will seek to ensure that the development has regard for energy efficiency and energy

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conservation through design, materials, orientation and layout. Changes to The London Plan Policy (Feb 2008) now require a reduction in CO2 emissions of 20% from on-site renewable energy generation. Given the location within the conservation area there is limited scope to include renewable energy methods such as solar panels or wind generators. However, there are less visually sensitive technologies that could be incorporated, for example air source heat pumps. In light of the changes to the London Plan, it is considered necessary to ensure the provision of a reduction in CO2 emissions, although rather than 20% it is considered that a minimum of 10% CO2 reduction would be appropriate in these circumstances, full details to be secured by condition. No such condition was attached to the extant planning permission 07/12163/FUL.


32. The current proposal provides for 9 residential flats. The proposal falls short of the threshold for affordable housing. Policy H9 of the UDP First Alteration requires that in developments of between 10-24 dwellings 30%-50% of these should be for affordable housing. There appears to be no deliberate attempt to design the building below the threshold.

33. Each of the flats is compliant with Lifetime Home Standards. Flat 2 has been designed for possible later adaptation for wheelchair users if required.

34. An enlarged refuse area has now been incorporated within the scheme to reflect the new refuse scheme. The Waste Manager has confirmed that these arrangements are satisfactory. The store will not be visible above the boundary wall.

Reason for Approval

35. The proposed development, by reason of its size, siting and design, is considered acceptable in design and conservation terms and would not result in any significant adverse impact on residential amenity or highway safety. The proposal is in compliance with policies STR6, BE3, BE9, BE11, BE12, H1, RES3, T20 and T1 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

Recommendation:


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 That the proposed development be carried out and completed in all respects in accordance with the proposals contained in the application and any plan or drawing submitted with the application or subsequently submitted and approved by the Local Planning

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Authority in compliance with any condition herein contained before any of the building(s) hereby permitted are occupied.

Reason: To ensure that the proposed development will be carried out in its entirety as approved and so as to avoid any detriment to amenity by any works remaining uncompleted in accordance with Policy STR6 (Conserving and Enhancing the Built Environment) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

3 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.


4 A sample of the facing materials to be used shall be submitted to and approved in writing by the Local Planning Authority before any works on site are commenced.


5 No development shall commence until a Arboricultural Method Statement detailing the following measures shall have been submitted to and approved in writing by the Local Planning Authority:

• detailed layout for existing and proposed 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.

• detailed scheme of landscaping, to include a new tree and landscaping to the triangular area on the bend of the access road at the back of the site. 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 , and fully specifies the planting conditions to be provided. The landscape scheme should detail a maintenance programme to include initial watering, feeding, soil specifications, release of tree ties through the first few seasons and programmed removal of the stakes,

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shrub planting to the rest of the beds including species, size and planting density.

• The approved scheme shall be adhered to during the demolition and construction phase and the landscaping implemented within the first planting season following completion of the development. 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.

6 The windows as identified in the west elevation and situated on the first, second and third floors 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.


7 The windows in the north elevations and situated on the first and second of the building hereby permitted, shall be fitted with opaque lower glazing panes which shall be fixed shut, in accordance with the details shown on Drawing No. L499-P(0)200 Rev C.


8 No construction of any residential unit hereby permitted shall begin until details of the lifetime homes specification/standards have been submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of people with mobility difficulties in accordance with Policies 3A.5 (Housing Choice), 3A.17 (Addressing the needs of London's diverse population) and 4B.5 (Creating an Inclusive Environment) of the London Plan 2004 (as

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amended).

9 Prior to commencement of the development details of the cycle racks for at least 9 bicycles 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 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.

10 Prior to commencement of the development details of tree planting and hard/soft landscaping (to include species, size and location) to the triangular area of land on the junction of Kingston Hill and Queens Road shall be submitted to and approved in writing by the Local Planning Authority. The approved landscaping scheme shall be implemented within the first planting season following completion of the development. 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) BE11 (Design of New Buildings and Extensions) and STR6 (Conserving and Enhancing the Built Environment) and BE3 (Development within Conservation Areas) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

11 All windows shall be timber sliding sash and set within 115mm reveals.

Reason: To ensure a satisfactory appearance on completion of the development in accordance with Policies BE3 (Development in Conservation Areas), 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.

12 All new external doors shall be timber 4 paneled doors.

Reason: To ensure a satisfactory appearance on completion of the development in accordance with Policies BE3 (development in Conservation Areas), 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.

13 The garage or car parking accommodation shown upon the approved drawings shall be provided with a hard bound dust free

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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.

14 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.

15 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) 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.

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

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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.

16 The new flats hereby approved shall not be occupied until the following works shown on drawing L499-P (0)101C have been completed to the satisfaction of the Local Planning Authority:

(1) The existing vehicular crossing on the junction of Kingston Hill with Queens Road to be reinstated as footway (with associated landscaping works).

(2) A new vehicular crossing to be constructed near the north east corner of the site to match the proposed access to the 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.

17 The site and building works required to implement the development shall be only carried out between the hours of 08.00 and 18.00 Mondays to Fridays and between 08.00 and 13.00 on Saturdays and not at all on Bank Holidays and Sundays.

Reason: To safeguard the amenities of the adjoining residential occupiers in accordance with Policy H1 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

18 Prior to the commencement of development a detailed statement of works outlining specific measures to be carried out to promote sustainability and to include the use of renewable energy to provide a minimum of 10% CO2 reduction, shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out and maintained in accordance with the approved plans.

Reason: In order to ensure that suitable sustainability methods are incorporated at the detailed design stage, in line with Policies MW3 (Energy Efficiency and Conservation in Developments) and of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and 4A.1 (Tackling Climate Change) 4A.3 (Sustainable Design and Construction) and 4A.7 (Renewable Energy) of the London Plan 2008.

Informative(s)

1 You are advised that a Highways Act Agreement is required for the works to the triangular piece of land on the corner of Kingston Hill and Queens Road.

2 The lifetime homes specification/standards referred to in condition 8 shall be in accordance with ‘Meeting Part M and Designing

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Lifetime Homes’ published in 1999 (or the latest edition thereof) by the Joseph Rowntree Foundation and incorporate the features listed in the Royal Borough of Kingston Upon Thames Supplementary Planning Advice Note ‘Lifetime Homes and Wheelchair Housing’ dated December 2007 (or as modified or replaced).

3 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 Service Director (Planning & Transportation) (Highways), Directorate of Environmental Services, Guildhall II, Kingston upon Thames.

4 You have been granted planning permission to build a residential extension. When undertaking demolition and/or building work, please be considerate to your neighbours and do not undertake work in the early morning or late at night or at any time on Sundays of Bank Holidays. Furthermore, please ensure that all vehicles associated with the construction of the development hereby approved are properly washed and cleaned to prevent the passage of mud and dirt onto the adjoining highway. You are advised that the Council does have formal powers to control noise and nuisance under The Control of Pollution Act 1974, the Clean Air Acts and other relevant legislation. For further information and advice, please contact - Environmental Health Department Pollution Section, Guildhall, Kingston upon Thames on 020 8547 5535.

5 The use of any type of film material affixed to clear glass is not acceptable for the purposes of Condition 5. 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.

6 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 and/or the payment of a Financial Contribution towards the Transport Fund/Environmental Improvements/Other Obligations.

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A5 Register No: 09/12607/CAC

Address: 55 KINGSTON HILL, KINGSTON UPON THAMES, KT2 7PS



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Ward: Canbury Description of Proposal: Demolition of rear first floor extension;

demolition of part of garden wall on Queens Road.

Plan Type: Conservation Area Consent Expiry Date: 15/01/2010

BASIC INFORMATION


UDP Policies

BE3 Development in Conservation Areas BE4 Demolition of Buildings in Conservation Areas



07/12162/CAC Demolition of rear first floor extension; demolition of part of garden wall on Queens Road

Grant Conservation Area Consent 03/05/2007

07/12163/FUL Erection of three storey building with rooms in the roof and underground parking to create 9 flats comprising 7 x 2 bedroom and 2 x 1 bedroom at side and rear of 55 Kingston Hill and demolition of part of wall to create vehicular access from Queens Road

Permit Conditions 03/05/2007

Consultations

1. Not relevant to this Conservation Area Consent application, and covered under linked planning application 09/12606/FUL.

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2. The existing building on the site comprises a three-storey detached Victorian corner property, with accommodation within the roof storey. It comprises a retail unit at ground floor, with two flats above. The large area to the rear and side of the property is used as an open car park. It is located on the junction with Queen's Road and is situated within the Liverpool Road Conservation Area.

3. This part of Kingston Hill is varied in form, although generally of three storeys. On the opposite side of the junction with Queens Road is a public house, with an interesting tower feature and on the south-east side of Kingston Hill the substantial hospital development

Proposal

4. The current application seeks demolish the rear first floor extension and part of the garden wall as part of a scheme to retain to retain the existing building at 55 Kingston Hill and extend along the Queens Road frontage. The proposed building is three storeys in height with accommodation within the roof. It provides a total of 9 additional flats comprising 7 two-bedroom and 2 one-bedroom flats, including one wheelchair unit. A basement car park is proposed accessed via a ramp. It provides 9 parking spaces and a cycle store. Two additional surface level parking spaces are proposed.

5. The associated planning application is considered under reference 0912606/FUL.

Assessment






7. The main issue relevant to the determination of this case is the impact of the demolition on the existing building and Conservation area.

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8. Advice given in Planning Policy Guidance note 15 indicates that the primary consideration in determining a consent application should be the desirability of preserving or enhancing the character or appearance of the area in question. In particular, the part played in the architectural or historic interest of the area by the building for which demolition is proposed, and the wider effects of demolition on the building's surroundings and on the conservation area as a whole. The general presumption should be in favour of retaining buildings which make a positive contribution to the character or appearance of a conservation area .The rear extension to this building incorporates a flat roof with a variety of window styles and an air conditioning unit. It has no particular architectural or historic interest and makes very little contribution to this part of the conservation area. The requirement for consent for this demolition is also debatable as case law indicates that it must involve the total or substantial destruction of the buildings concerned.

9. The western corner of Kingston Hill and Queens Road is particularly prominent when travelling southwest down Kingston Hill but is poorly enclosed with views of parked vehicles on the proposed site. The demolition of the rear extension will provide an opportunity to address this issue.



Highways & Parking


Trees


Legal Agreements


Sustainability




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Reason for Approval

16. The proposed demolition would preserve or enhance the character and appearance of the Liverpool Road Conservation Area and therefore complies with policies STR6 and BE3 of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

Recommendation:


1 The demolition works hereby approved shall only be undertaken in association with the linked planning permission 09/12606/FUL.

Reason: In order to preserve or enhance the character of this part of the Conservation Area in accordance with Policies BE3 (Development in Conservation Areas) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration.

Documents

APPENDIX A KINGSTON TOWN PLANNING SUB COMMITTEE WEDNESDAY ... 20-01-2010... · appendix a kingston town planning sub committee wednesday 20 january 2010 report by service director