Acolnet Officer's Report 08/P/01707 Site Description. The application site is located within the urban area of Guildford. The current site, which includes both the new residential plot and the host property, has a site area of 0.0337 hectares. The red-outlined application site alone would measure 184 sq.m. / 0.0184 hectares, giving a proposed density of 54 dwellings per hectare (dph). The site falls within the 400 - 2km buffer zone of the Thames Basin Heaths Special Protection Area (TBHSPA), although the new dwelling itself would be located within the 2-5km buffer zone (Zone C). The surrounding area is residential and characterised predominantly by two-storey semi-detached houses of a similar design, although there are several blocks of terraced houses in close proximity to the East, SE and NE. The application property is a semi-detached house occupying a corner plot. Proposal. Erection of a two-storey three bedroom house attached to existing dwelling. Relevant Planning History. None. Consultations. Thames Water: No objection regarding sewerage infrastructure. Surface water drainage is the responsibility of the developer. Water supply is covered by Three Valleys Water Company. Third party comments: 43 letters of representation have been received raising the following objections and concerns: restricted parking facilities will exacerbate existing parking problem dangerous for children playing noise / traffic disturbance similar to recent refusals at 65 and 95 Broadacres no cycle parking exists at present loss of amenity - daylight and views fails to meet requirements of policies G1(3), G5(1), G5(2), G5(3) out of character, loss of open space, out of alignment example of garden-grabbing overdevelopment of the site Planning Policies. The following policies are relevant to the determination of this application. Surrey Structure Plan 2004 (as saved by CLG Direction 21st September 2007): Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007): Supplementary Planning Guidance / Documents. 'Residential Design Guide' SPG 2004 'Vehicle Parking Standards' SPD 2006 TBHSPA Interim SPA Avoidance Strategy (Sept 2006) The Habitats Regulations, PPS 9: 'Biodiversity and Geological Conservation' and the accompanying ODPM Circular 06/2005 and "Managing Natura 2000 sites". Planning Considerations. The main planning considerations in this case are: Principle of development Impact on character Impact on neighbouring amenity Habitats Regulations screening procedure and conclusions Highway/parking considerations Principle of development The application site is located in the urban area where the principle of residential development is acceptable. It is the density and form of development that determines its acceptability. The application site occupies one of the largest plots within the road, and has one of the longest frontage (as a result of its corner position). The existing density would double as a result of the proposed development to 54 dph. The principle of this density would be acceptable, given the mix of semi-detached and terraced properties in the immediate vicinity. Impact on character The application site would be divided into two, slightly unequal sized plots (153 sq.m. for the host property and 184sq.m. for the proposed dwelling). The two plots would be similar in size to the terraced plots in the vicinity. In this respect, the proposal is acceptable. The land to the side of 38 Oakfields belongs to that property and is fenced in, but is not developed and therefore forms an important open space within the estate. It is not public open space, but it does make an important contribution to the spacious feel of the area. All of the properties within the area are set away from the footpaths, and this forms an important part of the established street scene and character. The flank wall of 38 Oakfields runs in line with the front elevation of nos. 26-36 Oakfields, giving the impression of one building line. The proposed dwelling would be only 1.6 metres from the edge of the footpath, and would represent an unduly prominent form of development, which would appear cramped and out of character with the spacious feel of the area. It would be particularly intrusive because of its prominent corner location. The host property has one garage space, with off-street parking in front of it for one further car (total of 2 spaces). This is located at the rear of the site, at the bottom of the garden. This parking provision would be retained as part of the development. However, an additional two-parking spaces would have to be provided for the new dwelling, and these are proposed adjacent to the existing parking. As a result, the garden areas for the two dwellings would be only 6 metres in depth. These would be cramped and unacceptable for the 3-bedroom dwellings. The proposal would be unacceptable, and contrary to saved local plan policies G5 and H4. Impact on neighbouring amenity There would be a distance of 11.4 metres from the back of the proposed dwelling to the boundary with 36 Oakfields. The rear facing windows would overlook the flank wall of this property and the front garden. As such, there would be no adverse impact on terms of loss of privacy, loss of light or overbearance. The depth of the new property would be identical to that to which it would be attached, and would therefore not be overbearing. The first floor window on the host property lights the stairs / landing area - this would be lost as a result of the development, but a refusal for this reason would not be justified. Residents have also objecting to the scheme on the loss of views. The loss of a view is not a material planning consideration, although outlook is. The building will be clearly visible, but would not detract from the outlook currently enjoyed by neighbouring residents. The proposed development would not have an adverse impact on neighbouring residents, in terms of light, privacy, overbearance or outlook. Habitats Regulations screening procedure and conclusions The application site lies 1,987 metres from the Whitmoor Common SPA, which forms part of the TBHSPA. However, the new dwelling itself would be 2km away. As such, the development is within the 2-5km buffer zone, identified within the Strategy as Zone C. Because of the location of the site in relation to the TBHSPA the Habitats Regulations are engaged. Regulation 48 of the Habitats Regulations requires that the Council, being the competent authority in this circumstance, must be satisfied before giving any permission for development that the proposed development will have no likely significant effect on the TBHSPA (either alone or in combination with other plans or projects). The Council has therefore undertaken a screening procedure to assess the potential impact of the proposed development on the TBHSPA. Natural England (NE), a statutory consultee for the purposes of this planning application, has been consulted on the proposed development. NE objects to the proposed net increase of residential units, unless it can be shown that avoidance measures are in place, as it has concerns that additional residential development within a 5 km buffer zone of the TBHSPA would have a detrimental impact on the conservation of the TBHSPA. Guildford Borough Council has therefore prepared the Strategy in conjunction with NE. The adopted Strategy contains arrangements whereby developers may contribute towards the cost of necessary works to improve existing (or new) areas of open space in the Borough. The recreational areas proposed for avoidance works have been identified in the Strategy and are termed Suitable Alternative Natural Green Space ('SANGS'). Where SANGS land is available within a reasonable distance (up to 5km) of proposed new residential development the SANGS will provide improved recreational open space to encourage the occupiers of new residential development and others to use the SANGS land for exercise and dog walking rather than visiting the TBHSPA. The relevant avoidance site (SANGS) for the purposes of this application (as set out in the Strategy) is Riverside. The tariffs set in the Strategy for SANGS contributions, require a contribution of £802 for the new dwelling proposed. The works that will be funded are part of an agreed Scheme of Improvements to ensure that suitable works are carried out to the avoidance site. In addition NE has sent a letter to the Council (dated 21st September 2007) stating: NE welcomes the strategy from GBC. NE considers the way the Borough Council produced the plan was an example of best practice If this is agreed and the plan is implemented as described, then NE is satisfied the requirements of the regulations are being met and we will stop objecting to consultations on housing applications in those areas of the Borough which have mitigation in line with the avoidance strategy The SANGS contribution will be payable upon commencement of development which includes site clearance or any demolition works or ground works. The agreed programme of works will be undertaken at Riverside within 6 months of the commencement of development. It should be noted that the Council has set aside a sum of money for 'pump priming' purposes such that some of the agreed works can be undertaken at a very early stage to ensure that the necessary works are in place prior to the occupation of the dwellings. It should be noted that this is a rolling programme of continuing works for the purposes of the Strategy. In conclusion, with these measures in place, the additional residential unit within the TBHSPA buffer zone subject of this application will not have any likely significant effect on the TBHSPA. The avoidance measures will encourage active recreation on identified areas of land, drawing dog walkers and members of the public away from the TBHSPA. However, the applicant has not been invited to enter into a legal agreement to secure these contributions, as the proposal is unacceptable for the reasons set out elsewhere in this report. As such, the Head of Planning Development Services has, in accordance with the authority delegated to her (Minute No. EX 92), undertaken a formal screening procedure and is not satisfied for the purposes of regulation 48 of the Habitats Regulations that the proposed development the subject of this report will have no likely significant effect on the TBHSPA. Highway/parking considerations The host property has one garage space, with off-street parking in front of it for one further car (total of 2 spaces). This parking provision would be retained as part of the proposed development, with an additional two parking spaces provided for the new dwelling. This provision would be in line with the Council's adopted parking standards (2 spaces per 3-bed unit). However, the location of the new parking and the unacceptably small garden sizes that would remain means that the proposal is unacceptable. Residents have objected on the grounds that there is a parking problem in the area, and this development would exacerbate the situation. However, the parking provision meets the required maximum standard, and a refusal on this basis would not be justified. Copyright © Guildford Borough Council, All rights reserved. Millmead House, Millmead, Guildford, Surrey, GU2 4BB Telephone 01483 505050 planningenquiries@guildford.gov.uk