Minutes:
NOTED
1. this application was considered alongside CAC/06/0006;
2. additional conditions relating to trees and shrubs, sustainable construction, cycle storage, height of the building, no additional fenestration, external lighting, use of the retail unit, and an amendment to existing conditions regarding refuse storage;
3. the deputation of Dr Denise Gandhi of Southgate Green Association including the following points
? this was not a quality scheme and would not enhance the special character of the area;
? too much accommodation was proposed for the site, especially in the roof space;
? the reasons for refusal of the previous application were still applicable despite the reinstatement of retail units;
? the development would be bad for the vista and incompatible in the historic context of the area and the additional conditions would not be sufficient to mitigate the harm;
4. the deputation of Mr Phillip Dawson, a local resident and architect, including the following points
? the proposal did not represent the best design solution for this site on this critical vista and demolition should not proceed until there was a good proposal for the replacement;
? the accommodation provision would exceed maximum UDP limits, would provide little amenity space and poor rooms in the roof space;
5. the response of Mr James Griffiths, Land Director, Abbey Investments Ltd, the applicant, including the following points
? they had listened to planning officers’ advice and amended plans accordingly;
? the development would reflect existing designs and fenestration and would fit in well with the street scene;
? he confirmed that if Committee was minded to approve this application, the outstanding application under appeal would not be pursued;
6. Denis Stacey reported the concerns of the Conservation Advisory Group but gave weight to the benefits associated with the provision of the ground floor retail units, which had been achieved through negotiation. Given the revisions that had been achieved and the likelihood that a better scheme would be unlikely, he accepted on balance that the scheme should be supported; and
7. an amendment to the recommendation that approval of planning permission be subject to the applicant entering into a unilateral undertaking confirming withdrawal of the appeal against the decision made under ref. TP/03/2216.
RESOLVED that subject to the applicant entering into a unilateral undertaking confirming withdrawal of the appeal against the decision made under ref. TP/03/2216, the Assistant Director (Planning and Transportation) be authorised to grant planning permission subject to the conditions set out in the report and the additional conditions below, for the reasons set out in the report.
Additional Conditions:
1. The trees identified on Drg P309/0001 Rev Q shall not be felled and shall be retained thereafter. For the duration of the construction period, all trees shown on the approved plans and application as being retained shall be protected by fencing of a minimum height of 1.2 metres at a minimum distance of 5 metres from the existing planting. No building activity shall take place within the protected area unless agreed by the Local Planning Authority. Any tree or shrub which dies or is damaged during the construction period shall be replaced.
Reason: To protect existing planting during construction in the interests of safeguarding the special character and appearance of the Conservation Area.
2. That prior to any work commencing within a 10 metre radius of any retained tree, a methodology shall be submitted detailing the method of construction to be undertaken. This methodology, which shall include a commitment to any excavation being undertaken by hand, shall be approved by the Local Planning Authority and thereafter adhered to at all times.
Reason: To protect existing planting during construction in the interests of safeguarding the special character and appearance of the Conservation Area.
3. Prior to any development including demolition commencing, a detailed Sustainability Assessment achieving a minimum score of 50% shall be submitted to and approved by the Local Planning Authority. The development shall be implemented in accordance with the measures identified in the approved sustainability assessment unless subsequently otherwise approved in writing by the local planning authority.
Reason: In order to promote sustainable construction practices in the interests of the wider built and natural environment and to comply with the requirement of adopted Council policy.
4. Details of the technical specification for the equipment to be installed to secure cycles shall be submitted to and approved by the Local Planning Authority. The equipment shall be installed in the approved cycle store prior to the occupation of the residential units and thereafter retained.
Reason: In the interests of sustainable living and promoting cycling as an alternative mode of travel.
5. The height of the frontage building hereby approved shall not exceed 45 cms above a point taken from the ridge of the adjoining building, 32 Cannon Hill, as shown on Drg P/309/SE/01.
Reason: In order to ensure the scale of the building remains appropriate and not visually intrusive and does not detract from the special character and appearance of the Southgate Green Conservation Area.
6. No external windows or doors other than those indicated on the approved drawings shall be installed in the development hereby approved without the approval in writing of the Local Planning Authority.
Reason: To safeguard the privacy of the occupiers of adjoining properties and the special character and appearance of the Southgate Green Conservation Area.
7. The development shall not commence until details of any external lighting have been submitted to and approved in writing by the Local Planning Authority. The lighting shall be installed in accordance with the approved details.
Reason: To ensure that the development does not prejudice the amenities of adjoining occupiers.
8. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (as amended) or any subsequent amending Order, the retail units shall be used solely for purposes within either Use Class A1 and/or A2 and for no other purpose whatsoever without the prior written permission of the Local Planning Authority.
Reason: To ensure the use of the premises remain appropriate for their location and do not give rise to conditions prejudicial to the amenities of neighbouring properties or the free flow and safety of vehicles and pedestrians using the neighbouring highways.
9. A management plan to enable occupiers of the commercial units to access a minimum of 4 spaces associated with the development, shall be submitted to and approved by the Local Planning Authority. The arrangements contained within the approved management plan shall be adhered to thereafter upon occupation of the development.
Reason: To ensure that the development does not prejudice conditions of safety or traffic flow on adjoining highways.
Amendment to Existing Conditions:
C9 – Refuse Storage
The development shall not commence until details of refuse storage facilities for both the residential and commercial units including facilities for the recycling of waste to be provided within the development have been submitted to and approved in writing by the Local Planning Authority. The facilities shall be provided in accordance with the approved details and maintained thereafter.
Reason: In the interests of amenity and the recycling of waste materials in support of the Borough’s waste reduction targets.