Agenda item

Description:

This Application sought change of use from offices/bank to a mixed use of commercial units at ground floor level and to 3 no. residential flats above on first floor with balconies, erection of new second floor with 3 no. flats with balconies, erection of part single storey, part two storey rear extension and new windows and doors including new access to front.

Additional Information:

The Planning Development Manager advised the Committee that:

Amended plans had been received showing a minor adjustment to the balcony by 5cm.  Consequently, condition 3 should be amended to:

The development hereby permitted shall be carried out in accordance with the following approved plans and drawings: SITE LOCATION PLAN; 441-6; 441-7; 441-17; ; 441-1; 441-2; 441-3; 441-11; 441-19 and 441-12E received 23.10.2017 and 441-8I; 441-9I; 441-10I; 441-13F; 441-15F; 441-18D; 441-16G; received 07.02.2018.

Reason: For the avoidance of doubt and in the interest of proper planning.

One late letter of objection had been received and signed by two residential properties raising the following points:

• Continued overlooking and loss of privacy;
• Inconsistency in planning decisions by the Council;
• Non-compliance with sections of the Design SPD and Policy EN1.

(Officer note: We are satisfied that the separation distances and relationship between the application site and the adjoining occupiers are satisfactory to avoid loss of privacy and overbearing, particularly with the screens provided to the balconies. 

She also advised the Committee that the applicant had agreed to the following condition:

11): The ground floor commercial uses shall be restricted to Classes A1 and A2 purposes and for no other purposes within the Use Classes Order1987 (or any subsequent amendments) without the approval of the Local Planning Authority.

Reason: To assess the impact of the proposed uses on the locality and preserve the vitality and viability of the Shepperton Town Centre.

Public Speaking:

In accordance with the Council’s procedure for speaking at meetings, Sarju Shah spoke against the proposed development raising the following key points:

• Overlooking
• Concerns with impact of proposed balconies on the dwellings at the rear
• Lack of amenity space

In accordance with the Council’s procedure for speaking at meetings, Maria Grant spoke for the proposed development raising the following key points:

• Complies with the Council’s SPD
• A privacy screen is proposed at the rear
• Amended scheme overcomes the previous reasons for refusal; size of development has been reduced
• Has offered a condition restricting the ground floor to Classes A1 and A2.
• 10 parking spaces are proposed including two extra for the commercial uses
• Two disabled WCs are proposed on the ground floor
• The building has been empty for some time

In accordance with the Council’s procedure for speaking at meetings, Councillor Barnard spoke as Ward Councillor raising the following key points:

• He called the application in due to concerns raised by residents to the rear
• The issues concerning the principle of development, odours, design and visual impact, parking and impact on the residents to the rear in terms of size and overlooking have all been addressed in the officer’s report and by conditions.
• Disabled access and fire escape cannot be considered as part of this application.

Debate:

During the debate the following key issues were raised:

• Query over possible adverts
• Query over whether the windows can be changed without planning permission
• Overlooking concerns
• Shortfall in amenity space
• Class A3 use should be prevented
• Out of character with adjacent buildings which are much lower
• Allocated parking for commercial uses required

Decision:

The Application was approved subject to conditions as per the recommendation in the officer report, and subject to condition 4 being amended as follows:

Prior to the occupation of the development hereby permitted the balcony screens on the rear and flank elevations at first and second storey level shall be obscure glazed in accordance with details/samples of the type of glazing pattern to be submitted to and approved in writing by the Local Planning Authority. These balcony screens shall thereafter be permanently retained as installed.

           Reason:- To safeguard the privacy of the adjoining properties, in accordance with policies SP6 and EN1 of the Spelthorne Borough Core Strategy and Policies Development Plan Document 2009.