DEVELOPMENT CONTROL COMMITTEE - Date:23rd January 2008 Report of the Executive Head of Planning, Transportation and Highways. Ref: D2007/58892/FUL WARD: D16 /

WALLINGTON STH Time Taken: 7 weeks, 1 day

Site: Land to the rear of 45-49 & Adj. 57 WOODCOTE AVENUE Wallington Surrey

SM6 0QU

Proposal: Erection of a detached 6-bedroomed two storey house with roof accommodation

together with a detached triple garage and access road. Applicant: Devine Homes plc Agent: Devine Homes plc Recommendation: GRANT PLANNING PERMISSION Reason for Report to Committee: The application was de-delegated by Councillor Jane McCoy on the grounds that it would constitute back garden development, inappropriate within the Area of Special Local Character, which would concrete over a large area of green space. The access road is also too narrow for the purpose.

It is considered that the siting, scale and design of the proposed dwelling would not materially harm the character or appearance of the Area of Special Local Character, or result in the loss of any trees of a high public amenity value. It would have no significant impact on the living conditions of adjoining neighbours and would not adversely affect parking or conditions of highway safety.

1.0 BACKGROUND 1.1 Site: 1.2 The application site consists of land forming part of the curtilage of no. 49 Woodcote

Avenue, amounting to some 0.28ha, benefiting from a vehicular access onto the south section of Woodcote Av, and whilst being open lawn for the greater part, possesses a large number of trees, including a number of large, mature specimens.

1.3 The narrow site access is flat, though ground levels fall slightly to the north west/ west

within the main part of the site, with an approx variation in levels of 500mm. The boundaries to the site vary from densely screened hedges, close boarded fencing (mainly on the southern boundary), to open, low level fencing and intermittent low level screening on the remaining boundaries. The large trees focussed around the north west of the site provide limited boundary screening due to their canopy heights.

1.4 There are a number of trees on the site that are subject to a Tree Preservation Order

that was confirmed in May 2007, including a large group of Pine, Maple and Beech in the north west corner of the site, as well as 4 groups of pine trees along the south and eastern boundary of the site.

1.5 Surroundings: 1.6 To the south, east and west, the site is bounded by the large rear gardens of

properties on Woodcote Ave and Park Hill Road, though properties upon the cul-de-sac development at Glen Road End, to the north, lie in closer proximity, and the built form of no.6 lies immediately adjacent to the site boundary.

1.7 The site lies within the Woodcote Avenue Area of Special Local Character, as defined

by the UDP. The description of this area includes its large gardens, mature trees and great separation between buildings.

1.8 Site specific UDP designation: Area of Special Local Character ;The Area of

Special Local Character is defined as featuring Edwardian/ Victorian Housing, characterised by large gardens containing mature trees and with front boundaries defined by low-level walls and mature hedgerows. Spacious properties with great separation between house and a high standard of hard and soft landscaping also feature.

1.9 Relevant Planning History: 1.10 06/56927/FUL- Erection of two detached two storey 5-bedroomed houses each with a

detached double garage and parking facilities together with access road; REFUSED- 22/01/07; APPEAL WITHDRAWN

1.11 2006/017- Tree Preservation Order- served 24/11/06- Confirmed 22/05/07 1.12 07/57805/FUL- Erection of a detached two storey 4-bedroomed house with detached

double garage and a detached two storey 5-bedroomed house with integral double garage together with access road. REFUSED 15/08/07; APPEAL PENDING. The reasons for refusal were;

1. The proposal would result in the removal of protected trees without

adequate justification, and in addition, due to the close proximity of the proposed dwellings to the protected trees, and the undue overshadowing of habitable rooms and gardens that would be caused by them, it is likely that there would be unacceptable future pressure to either fell the trees, or to reduce their canopies to an extent that significantly harm their amenity value. In addition, any felling or canopy reduction of protected trees located on or close to the boundary of the site, would further increase the undue prominence of the proposed dwellings to the detriment of the outlook of adjoining occupiers. The application is therefore contrary to Policies OE30, BE4 and HSG1 of the Sutton Unitary Development Plan.

2. Due to the relative intensity of use, compared to the prevailing character of

the Woodcote Avenue Area of Special Local Character, within which the application site is located, which has a landscape characterised by large gardens containing mature trees, the proposed development would be contrary to and adversely affect that character, and adversely affect the outlook of adjoining occupiers, due to the undue prominence of the proposed dwellings. The application is therefore contrary to Policies G/BE1, G/BE2, BE1, BE2, BE38. G/HSG1, HSG1 & BE4 of the Sutton Unitary Development Plan.

2.0 APPLICATION PROPOSALS 2.1 Details of Proposal: 2.2 The proposal is to erect a six bedroom detached house with detached triple

garage. The drawings indicate that the dwelling would have a maximum height of 9.2m, and would have a width of 14.2m, and a length of between 17.3m and 21.4m. The detached garage would be located to the north east corner of the site and would have the following dimensions; Height 5.1m; Width 8.3m; Length 6.8m.

2.3 The proposed dwelling would be between 8.4m–14m from the southern

boundary of the site, 15.5m from the northern boundary and between 21m and 25m from both the east and western boundaries. The detached garage building would be a minimum of 5.5m from the eastern boundary and 7m from the northern boundary with no.6 Glen Road End. It would be no closer to the western and southern boundaries of the site than the main dwelling proposed.

2.4 The proposed dwelling would be two storeys high with a third level of

accommodation incorporated within the roofspace. The architectural style of the proposed dwelling could be described as ‘mock tudor’ and, according to the applicant, has been designed to reflect the general characteristics of other buildings within the Woodcote Avenue area. External materials have not been specified but can be subject to a condition on any approval of planning permission.

2.5 The site is accessed by a private drive off Woodcote Avenue, which runs along

the eastern boundary of no.57. It would have a width of between 3.25 and 4.1m, leading to a turning area in front of the proposed dwelling and detached garage.

3.0 PUBLICITY 3.1 Adjoining Occupiers Notified: Notification letters were sent to 30 surrounding

properties on Woodcote Avenue, Oakwood, Park Hill Road, Glen Road End, and to Heathdene Area Residents Group, and a site notice was displayed adjacent to the site entrance.

3.2 Number of Letters Received: 3 letters of objection, 1 letter of support

received. 3.3 Addresses of letters: 55, 57, 60 Woodcote Ave, 6 Glen Road End

3.4 Summary of material responses:

• Inadequate vehicular access to cater for emergency vehicles • Inadequate visibility at junction with Woodcote Ave. • Pressure to fell trees leading to loss of outlook for neighbours • Increase in traffic • Loss of wildlife and trees • Excessive height of building would be out of character with surrounding

area and lead to loss of amenity to neighbours

• Detrimental to appearance of the Avenue

3.5 Official Consultation 3.6 Internal: 3.7 Highways Engineer; no objection in principle from highways point of view.

Woodcote Avenue and access road are private and unadopted, and therefore not subject to the control of the Council.

3.8 External: None 3.9 Councillor Representation: Councillor Jane McCoy requested that the

application be de-delegated for the reasons set out above.

4.0 MATERIAL PLANNING POLICIES 4.1 Sutton Unitary Development Plan

• G/OE5 Nature Conservation and Important Landscape Features • OE30 Tree Stock Protection • G/BE1 Built Design and Urban Landscape Quality. • BE1 Good Urban Design • BE4 Building Relationships • BE5 Daylight and Sunlight • BE12 Landscape Provision in New Development • BE17 Private Amenity Space • BE18 Privacy • BE38 Development in Areas of Special Local Character • HSG1 Environmental Impact • HSG8 Loss of Backgarden Land in Established Residential Areas • TR12 Parking Provision and New Development • TR13 New Development and on street parking.

4.2 Supplementary Planning Guidance/Documents

• SPG 3 Design and Amenity Space • SPD7 Creating Locally Distinctive Places

5.0 PLANNING CONSIDERATIONS 5.1 The principal considerations (including whether any material planning

objections have been reasonably addressed) in relation to this application are: • Use • Design Quality • Impact on Neighbours • Layout • Traffic & Parking • Trees

5.2 Use:

5.3 The proposal site is within an Area of Special Local Character (ASLC). The ASLC is defined as featuring Edwardian/ Victorian Housing, characterised by large gardens containing mature trees and with front boundaries defined by low-level walls and mature hedgerows. Spacious properties with great separation between house and a high standard of hard and soft landscaping also feature.

5.4 Policy BE38 relates to ASLC and states that the Council will favourably consider proposals which respect the key elements which contribute to the character of the area. The two previous proposals for the erection of two dwellings on this site were both considered to conflict with this policy. It was considered that the layout of the proposed buildings would be likely to result in the removal of protected trees which contribute towards the sylvan character of the area. In addition, the prominence of the two dwellings on the site would be harmful to the outlook of the neighbouring occupiers at 6 Glen Road End. It is considered that by limiting the proposal to a single dwelling with detached garage the applicant has overcome these concerns, and that the proposal would now comply with Policy BE38.

5.5 Policy HSG8 concerns the loss of backgarden land in residential areas. It states that the Council will resist the development of backgarden land which is considered to be of local ecological value. The policy states that the ecological value of such land will be assessed in terms of the depth of backgardens; overall area of backgarden land within the relevant street block; the degree to which past incursions into the street block have occurred and the ecological value of any adjacent land. The proposal site is surrounded on all sides by the backgardens of neighbouring properties. The six dwellings that comprise Glen Road End, are the most recent to have been built. Further north there are other ‘backgarden’ properties at 37a/37b and 29/29a Woodcote Avenue. There is no evidence to suggest that this ‘street block’ is of a high ecological value. The site itself is predominantly made up of managed grass lawn. In addition, previous incursions into this backland environment limit the potential ecological value of the street block as a whole. In addition, in the previous applications for two dwellings on this site, (one of which is still subject to an appeal to the Planning Inspectorate), it was considered that a refusal reason on this basis could not be justified. Therefore, given the reduction of 50% in the number of proposed dwellings it is not considered that a reason for refusal could now be justified on this basis.

5.6 Design Quality: 5.7 UDP Polices G/BE1, BE1 and BE2 require proposals for new development to

conform to a high standard of design, to respect the character of the area and make a positive contribution to the street scene.

5.8 Although the proposed dwelling would be quite substantial, it would be set in a

large plot and in this instance the proposed dwelling would be set well back from Woodcote Avenue (65m) and would be obscured from views from it by the large amount of surrounding mature vegetation. As a consequence it would not constitute a prominent feature, and would have no significant impact on the visual amenities of the street scene or on the wider character of the ALSC. In addition, the two previous applications did not identify this as a concern and

therefore in light in the reduction in the number of dwellings, a reason for refusal on this basis would not be sustainable.

5.9 It is considered that the detailed design of the proposed dwelling would not be

out of keeping with the prevailing character of other properties within the ASLC. As noted above, external materials have not been specified, and these would be subject to a condition on any planning permission.

5.10 Impact on Neighbours: 5.11 Policy BE4 aims to protect the privacy and amenity of surrounding occupiers,

while Policy BE5 ensures that new or replacement buildings do not lead to a loss of sunlight of daylight.

5.12 In contrast to the two previous applications, the proposed dwelling has been

moved further away from the neighbouring property at 6 Glen Road End, than either of the previous proposed dwellings. In the last application, (that is the subject of the appeal) the distances between the two proposed dwellings and the northern boundary were between 12 and 14m. The dwelling in the current proposal would be set further away from this boundary (15m), and in addition the northern elevation of the building would have far fewer windows directly facing No.6 Glen End Road. Further, the previous proposal incorporated three separate buildings that would have been clearly visible from the rear elevation of 6 Glen Road End, and the fact that in this proposal only a single building would be visible is also an improvement to the potential outlook of these occupiers. Although the proposed garage building would be closer than any of the buildings in the previous proposal, its location and orientation further east, and along a similar building line to that of the rear of the neighbouring property would mean that it would have less of an impact on neighbour outlook compared with the buildings in the previous proposal.

5.13 The proposed dwelling would be a minimum of 43m from the neighbouring

dwellings to the south, and 22m from the neighbouring occupier to the north east at 6 Glen Road End. The separation distances between the proposed dwelling and the existing neighbouring properties are such so that there would be no detrimental impact on the amenities of the neighbouring occupiers in terms of loss of light, privacy or loss of outlook. It is also worthy of note that the occupiers of No.6 Glen Road End, who objected to the two previous applications, have written stating that in their opinion the latest scheme takes into consideration their concerns with regard to the impact on their outlook and privacy.

5.14 The access road would run along the eastern boundary of no.55 and the rear

boundaries of 80-84 Woodcote Ave. It is considered that the potential traffic that would be generated from the proposed dwelling would not be so significant in terms of noise and disturbance as to warrant a refusal of planning permission. In addition, previous applications for more intensive development on the site were not refused on this basis and such an objection would not be sustainable.

5.15 Layout:

5.16 The proposed house would provide an acceptable standard of accommodation, in respect of layout, floor area and provision of adequate amenity space.

5.17 Traffic & Parking: 5.18 The proposal incorporates a satisfactory level of parking provision and a turning

area in front of the two buildings. The existing access road and Woodcote Avenue itself is unadopted and not subject to the control of the highway authority. As a consequence, there can be no objection in planning terms to the use of the access road for the purpose proposed.

5.19 The access requirements for emergency vehicles are governed by Section 17

of the Building Regulations 2000. It states that there should be a minimum carriageway width of 3.7m between kerbs. According to the submitted drawings the access road would be shared surface, (no kerbs), and 4.1m wide along the majority of its length with pinch-points reducing the width to 3.9m in places. At the point at which the road passes the garage and side extension of No.55 Woodcote Ave, the submitted drawings are notated “road buildout on one side narrowing to 3.25m”. The applicant has stated that the intention of this was to minimise the risk of wing mirrors of vehicles striking and potentially causing damage to the neighbouring building, but has confirmed in writing that this area would not built at such a high level or with a curb, that could restrict access to emergency vehicles.

5.20 As part of any approval of planning permission the landscaping condition would

incorporate the requirement for this buildout area to be designed so as not to restrict emergency vehicle access, and that it should be retained as such.

5.21 In paragraph 6.73 of the ‘Manual for Streets’ the advice of the Association of

Chief Fire Officers is quoted in clarifying the requirements. The advice states that simply to reach a fire the access route could be reduced to 2.75m over short distances, provided that the pump appliance can get to within 45m of dwelling entrances. Therefore, it is considered that adequate provision can be made for access for emergency vehicles.

5.22 In addition, once again highways concerns have not constituted grounds for

refusal concerning the more intensive applications submitted previously and the introduction of such a reason at this stage would not be sustainable.

5.23 Trees: 5.24 In previous applications it was considered that the layout of the two proposed

dwellings would lead to pressure for the pruning or outright removal of protected trees on the site. The current proposal would result in less built form on the site, and the opportunity has been taken to redesign the layout of the dwelling in order to ensure that there is a larger separation between the main rear elevation of the property and the main cluster of protected trees in the north west corner of the site. In addition, there would be greater separation distances from the groups of protected pine trees along the southern boundary of the site than in the previous proposal. The fact that there would only be one dwelling also means that more space is available for a larger area of garden

that would not be overshadowed by the surrounding trees, and as a consequence be less likely to result in pressure to prune or remove the trees.

5.25 In conclusion, and after consideration of the tree survey submitted with the

application, and in light of the advice from the Council’s tree officer it is considered that subject to the imposition of conditions regarding protection during construction, the proposal overcomes these previous reasons for refusal.

6.0 CONCLUSION AND RECOMMENDATION 6.1 On its own merits it is considered there are no grounds to refuse the current

proposal. As such the siting, scale and design of the proposed dwelling would not materially harm the character or appearance of the ASLC, or lead to the loss of any trees of a high amenity value. It would have no significant impact on the living conditions of adjoining neighbours and would not adversely affect parking or conditions of highway safety.

6.2 In addition, the current proposal has successfully addressed the reasons for refusal on the two previous applications for planning permission for two dwellings. It is therefore considered that planning permission should be granted subject to the conditions set out below.

Background Papers: D2007/58892/FUL Drawings and other documents can be viewed on line – 1) Go to page: http://82.43.4.135/FASTWEB/welcome.asp 2) Enter Planning Application Number: D2007/58892 3) Click on Search and View Current Applications 4) Click on View Plans & Documents

G Devine Homes plc St Michael's House 111 Bell Street Reigate RH2 7LF

D2007/58892/FUL

DRAFT WARNING: It is in your interests to ensure you obtain the approval of the Local Planning Authority, where the conditions require that to occur. Failure to comply with the following conditions may lead to enforcement action to secure compliance.

FIRST SCHEDULE Land to the rear of 45-49 & Adj. 57 WOODCOTE AVENUE Wallington Surrey SM6 0QU Erection of a detached 6-bedroomed two storey house with roof accommodation together with a detached triple garage and access road.

SECOND SCHEDULE (1) The development must be begun not later than the expiration of three years beginning with the date hereof. Reason: To comply with Section 91 of the Town and Country Planning Act 1990, as amended. (2) No development shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of hard and soft landscaping which shall include indications of all existing trees and hedgerows on the land and details of any to be retained and of measures for their protection during construction, hard surfacing materials, security lighting, design of footpaths and accessways (including the buildout shown on the access way in the approved drawing ref 039 PD300). Unless otherwise agreed in writing with the Local Planning Authority the landscape schme shall be implemented in accordance with the approved details.

Reason: To ensure, where applicable, compliance with OE30 of the Unitary Development Plan which seeks to retain and replace trees; to ensure compliance with the criteria set out in Policies BE1, BE12 and BE38 which requires landscaping schemes to provide a satisfactory townscape incorporating hard and soft landscaping; to take account of the principles stated in the Council’s Supplementary Planning Guidance on Nature Conservation and to make proper provision for suitable boundary and access treatments and screening to provide suitable private amenity garden and sitting space where appropriate. (3) All planting, seeding or turfing shown in the approved details of landscaping shall be carried out in the first planting and seeding season following the occupation of the building(s) or the completion of the development, whichever is the sooner, and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. Reason: To ensure where applicable compliance with Policy OE30 of the Unitary Development Local Plan which seeks to ensure the maintenance of trees as well as compliance with Policy BE12 which seeks to ensure landscaping schemes, provide where appropriate adequate privacy and screening, pay sufficient to the Council’s Nature Conservation Guide, boundary treatments and promote satisfactory townscape. (4) The type and treatment of the materials to be used on the exterior of the building(s) and on the access drives and footways shall be approved in writing by the Local Planning Authority prior to the development being carried out. The approved materials shall be used in the construction of the development hereby approved and completed prior to its occupation/use. Reason: To safeguard the visual amenities of the area and to ensure compliance with Policies BE1 and BE38 of the Sutton Unitary Development Plan which seek to ensure buildings are of a high standard of design and where applicable compatible with existing townscape. (5) No development shall take place until details of the positioning and type of means of enclosure have been submitted to and approved in writing by the Local Planning Authority for approval. Means of enclosure shall be provided in accordance with the approved details prior to the occupation of any part of the development and thereafter retained. Reason: To safeguard, where applicable, the visual amenity privacy of occupiers of adjoining properties and to ensure compliance with Policy BE12 and BE38 of the Unitary Development Plan which seeks to ensure that boundary treatments minimise the effect of the development on these properties. (6) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending or revoking and re-enacting that Order), planning permission shall be required in respect of development falling within Class(es) A, B, D and E to the schedule to that Order. Reason: To enable the Local Planning Authority to exercise control over future extensions and alterations in order to safeguard against harm to protected trees in the

interests of the maintenance of the character and appearance of the area, and to comply with Policy OE30, BE1 and BE38. (7) All building operations in connection with the construction of external walls, roof, and foundations; site excavation or other external site works; works involving the use of plant or machinery; the erection of scaffolding; the delivery of materials; the removal of materials and spoil from the site, and the playing of amplified music or speech shall only take place between the hours of 8.00am and 6.00pm Monday to Friday, and between 8.00 am and 1.00pm on Saturdays and not at all on Sundays and Bank Holidays. Reason: To safeguard the amenity of the occupiers of adjacent premises and the area generally during the building construction process. INFORMATIVES. (1) This approval only grants permission under section 57 of the Town and Country Planning Act 1990. Further approval or consent may be required by other legislation, in particular the Building Regulations and you should contact Building Control on 020 8770 6268 before proceeding with the work. (2) The applicant's attention is drawn to the fact that the London Borough of Sutton monitors the implementation of permissions and in particular that conditions imposed are fully complied with. Should you have any queries with regard to the discharge of the conditions please telephone 020 8770 6200 for further information. (3) NAMING AND NUMBERING. This permission creates one or more new units which will require a correct postal address. Contact the Street Naming & Numbering Section at 24 Denmark Road, Carshalton, Surrey SM5 2JG, telephone 020 8770 6369 or e-mail street.naming@sutton.gov.uk.. (4) The drawing no(s). relating to this decision are 109.0035-S1, 039 PD300, PD301.