Page 19. Report of the Executive Head of Planning and Transportation. Ref: A2010/62734/FUL WARD: A03 / STONECOT Time Taken: 7 weeks, 0 days

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1 Page 19 Agenda Item 3 DEVELOPMENT CONTROL COMMITTEE - Date: 23 June 2010 Report of the Executive Head of Planning and Transportation. Ref: A2010/62734/FUL WARD: A03 / STONECOT Time Taken: 7 weeks, 0 days Site: 150 EPSOM ROAD Sutton Surrey SM3 9ES Proposal: Applicant: Agent: Use of land and premises for A1 retail purposes and provision of six car parking spaces. Mr Andrew Richards Mr Colin Chandler Recommendation: GRANT PLANNING PERMISSION Reason for Report to Committee: The agent is a recent contractor of the Council. Summary of why application proposals are acceptable It is considered that this is an acceptable form of development that makes good use of previously developed land in accordance with the principles of good sustainable development. The use of the land and premises for retail purposes is an acceptable use that would add to the vitality and interest of the adjoining Stonecot Hill Larger Local Centre. It is considered that the parking and servicing arrangements are acceptable and will not give rise to conditions prejudicial to highway or pedestrian safety in the locality. The proposed use will not give rise to any loss of amenity to the occupiers of adjoining residential properties. 1.0 BACKGROUND 1.1 Site and surroundings: The application site is situated on the west side of Epsom Road (A24) which forms part of the Transport for London Road Network and is a designated red route for which Transport for London is the Highway Authority. The site is currently occupied for car sales situated some 35 metres to the north east of its intersection with Tudor Drive, Sutton Common Road and Stonecot Hill. The site comprises approximately 450 sqm in area and can be accessed either from Epsom Road or from the slip road between Tudor Drive and Epsom Road. This provides access in front of the commercial parade that turns the corner between

2 Agenda Item 3 Page 20 the two roads. The site is located just outside the boundary of the Stonecot Hill (Larger Local Centre) as designated in the adopted Unitary Development Plan. 1.2 The area around the site is characterised mainly by two storey development comprising shops with flats over in the terraced parade to the south west, with semi-detached houses to the north east on Epsom Road, whilst the north-west boundary of the site follows the Borough boundary with the London Borough of Merton, and is bounded by the rear gardens of properties in Tudor Drive. 1.3 The site itself is broadly rectangular in shape with its frontage to Epsom Road formed by a central access suitable for a single vehicle flanked by two single storey buildings with mansard type roof structures. These buildings open from front to back at present to allow vehicles to be displayed within the space at ground floor and to facilitate access to the front and rear of the site. The site is generally flat with a slight fall in gradient to the rear which is currently an open area used to display vehicles for sale and provide parking for staff and customers. At the rear of the site, there is an L-shaped single storey building used as a sales office and staff facilities. The site is bounded on its north east, north west and south westerly boundaries by a 3 metre high wall. On the north east side of the site, is an access way to a pair of garages used by the occupiers of properties to the north east in Epsom Road and the south western side of the site is partly bounded by Epsom Road, a solicitors office, with the remaining area to the south west being an access and parking area for the commercial premises in front. To the north west is the rear garden of 12 Tudor Drive located within Merton. 1.4 Site specific UDP designation: The site is located within an Archaeological Priority Area. 1.5 Relevant Planning History: 1.6 SUT/1917 O granted on for erection of 8 maisonettes in two blocks and re-siting of existing builders yard on land between 132 and 152 Epsom Road. 1.7 SUT/21286 granted on for erection of showroom and lean-to shed for the storage of builder s plant and materials. 1.8 SUT/21584 granted on for erection of showroom and lean-to in builder s yard for the storing of materials. 1.9 SUT/22211 granted on for erection of temporary buildings in builder s yard SUT/28324 granted on for retention of temporary buildings /3210 O granted on for erection of two buildings for use as a builders store /6657 granted on for erection of a garage and storage for builders materials.

3 Page 21 Agenda Item /9529 refused on for erection of a three storey building with ground floor showroom and office accommodation over /13139 granted on for erection of seven single storey storage units /21608 granted on for retention and continued use of seven single storey storage units /26064 granted on for alterations to front of existing showrooms /35667/FUL refused on for erection of a first floor comprising office and storage accommodation with ancillary facilities (that part within London Borough of Sutton). Appeal dismissed /36033/FUL refused on for erection of a first floor comprising office and storage accommodation with ancillary facilities together with two parking spaces (that part within the London Borough of Sutton) /45193/OUT refused on for erection of three 1-bedroomed terraced houses and a 3- storey building comprising five 1-bedroomed self contained flats together with car parking facilities and new access road /46708/OUT refused on for erection of a building comprising six 2- bedroomed flats with car parking facilities /59538/OUT refused on for outline application with all matters reserved for the erection of a car showroom with four self-contained flats over. 2.0 APPLICATION PROPOSALS 2.1 Details of Proposal: This application seeks planning permission for the change of use of the land and premises to purposes with Class A1 (retail) and, as originally submitted, provision of six car parking spaces. The proposed use is intended for the specific occupation of Koi Water Garden aquatic centre, who are currently based at the Wyevale Garden Centre in Lower Morden Lane but have been served with notice to quit the site, which they have occupied for the last 18 years. The Company specialises in the supply of Koi carp and other pond fish as well as the supply of all necessary equipment to install garden ponds and ancillary items. The Company offers a full installation (of ponds) service and holds a Department of Food and Rural Agencies (DEFRA) licence to import live fish and animals. 2.2 Significant amendments to application since submitted: 2.3 On the advice of the Senior Highways Engineer, the number of parking spaces has been reduced from 6 to 3 to allow more room for loading and unloading towards the rear of the site. 3.0 PUBLICITY 3.1 Adjoining Occupiers Notified:

4 Agenda Item 3 Page Method of Notification: 48 Individual letters were delivered to addresses in Tudor Drive, Epsom Road, Sutton Common Road and Stonecot Hill. 3.3 Number of Letters Received: None 3.4 Internal: 3.5 Senior Highways Engineer: Following the receipt of revised drawings showing the parking area reduced in size from 6 to 3 paces, the Senior Highways Engineer raises no objection on parking and traffic grounds noting that the Highway Authority is Transport for London. 3.6 External: 3.7 Transport for London: No objection subject to conditions/provision for cycle parking and no obstruction of the carriageway or footway 3.8 London Borough of Merton: No objection 3.9 Councillor representation: None received from Councillors within the London Borough of Sutton, however, a letter of support was received from Councillor Groves from the London Borough of Merton. 4.0 MATERIAL PLANNING POLICIES 4.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 states that when determining a planning application, regard is to be had to the development plan, and the determination shall be made in accordance with the development plan, unless material considerations indicate otherwise. The development plan for the London Borough of Sutton comprises the following documents: (1A) The London Plan (originally adopted 2004, amended version, consolidated with alterations, adopted February 2008). (1B) The London Plan: Consultation draft replacement plan, October This document, which will eventually replace the existing consolidated version of the London Plan, has been published for public consultation until 12 January A public Examination is likely to be held in Summer/Autumn Although the draft replacement plan will not supersede the existing London Plan until after it has been formally adopted, the draft plan will be a material consideration that should be taken into account in deciding planning applications and will gather increasing weight the further into the replacement process. In the event that there are discrepancies between the adopted CPS, SDP and Replacement London Plan, legal guidance indicates that the latest adopted document prevails.

5 Page 23 Agenda Item 3 (2) The Sutton Unitary Development Plan (UDP) (adopted April 2003). Some of the UDP Policies have now been replaced by the Core Planning Strategy Policies. (3) The Local Development Framework (LDF) which is to replace the UDP in due course as the official Development Plan for the Borough. At present it comprises two main documents (additional ones for specific areas such as Sutton Town Centre will be produced): -(a) The Core Planning Strategy (CPS) which sets out the Council s long term vision, spatial strategy and core policies for shaping the future development in the Borough and managing change over the next 15 years in line with the principles of sustainable development. Following public consultation and a formal public examination by Government Inspectors the final version of the CPS was adopted by the Full Council on The adopted CPS replaced a number of the UDP policies and is a material consideration in the determination of planning applications. -(b) The Site Development Policies Development Plan Document (DPD) which identifies sites for future development (outside Sutton Town Centre) and sets out detailed development management policies to be used to help decide planning applications. The DPD has been through two stages of public consultation and was approved by the Full Council on for submission to the Secretary of State. A further public consultation is being carried out in January - March The DPD is likely to be the subject of a formal public examination by Government Inspectors in October The DPD is now accorded substantial weight by the Council in determining planning applications (and is a material planning consideration.) 4.2 Also a material consideration in determining planning applications are: (a) National Planning Guidance in the form of Planning Policy Statements and Planning Policy Guidance documents. (b) Adopted London Borough of Sutton Supplementary Planning Guidance documents. 4.3 Sutton Unitary Development Plan TCS22 Larger Local Centres TCS23 Local Shops in Dispersed Locations TR12 Parking Provision in new development TR13 New development and on-street parking 4.4 The Core Planning Strategy PMP4 Main Locations for Industry PMP8 Other District Centres 4.5 Site Development Policies DPD Proposed Submission DM1 Character and design DM2 Protecting Amenity DM12 Noise and vibration

6 Agenda Item 3 Page 24 DM19 Promoting Sustainable transport and accessibility DM20 Assessing the transport impact of new development DM21 New development and the Highway Network DM22 Parking DM34 Other Land in Industrial Use DM38- Promoting Local Shopping Provision in Local Centres DM39 Local Shopping Provision outside Town and Local Centres 4.6 Supplementary Planning Guidance SPD14 Creating Locally Distinctive Places IPG11 Sustainable design and construction 4.7 National Planning Guidance 4.8 The London Plan PPS1 Delivering Sustainable Development PPS4 Planning for Sustainable growth 2A.1 Sustainability criteria 2A.2 The spatial strategy for development 2A.8 Town Centres 3B.1 Developing London s economy 3C.1 Integrating transport and development 3C.2 Matching development to transport capacity 3C.3 Sustainable transport in London 3C.24- Parking in town centres 3D.1 Supporting town centres 3D.2 Town Centre development 3D.3 Maintaining and improving retail facilities 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 Layout Traffic & Parking Impact on Neighbours Trees Access Sustainability Other Relevant Material Planning Considerations 5.2 Use : 5.3 The site is located immediately adjacent to the northern boundary of the Stonecot Hill (Larger Local Centre) as designated in Suttons UDP. Although

7 Page 25 Agenda Item 3 excluded from the designation of the Centre, the existing use of the site as a car sales site is an activity that would not be deemed inappropriate in a shopping area, noting that such a use does not fit any particular classification of the Governments Use Classes Order 2006 and, as such, is considered a sui generis activity. Given this classification, planning permission is required for the change of use from a sui generis to another use. The Council does not have any particular policy that assumes a presumption against the loss of car showrooms, although as an employment generating use, regard would be given to the impact on employment generation in this part of the Borough. Although not strictly relevant to the consideration of this application, the proximity of the site on the boundary with the Larger Local Centre is such that some regard should be given to the appropriateness of the use in this locality. 5.4 Policy TCS22 of the adopted UDP seeks to protect a range and choice of shops in Larger Local Centres, including the protection of basic shops, that this not a consideration in this particular case as neither the outgoing or proposed uses are basic shops. Policy TCS23, has some relevance to the consideration of this proposal given that the proposal to introduce a retail use adjacent to a Larger Local Centre will reinforce the retail offer in the centre as it would attract a significant amount of passing trade. Core Planning Strategy policy PMP4 seeks to provide employment opportunities in the Borough and support proposals for new development, which improves opportunities for small and medium enterprises in all economic sectors. Policy PMP8 states that the Council will promote the development of local centres within the Borough and will support proposals of an appropriate scale, which will maintain their role as local centres by protecting their retail offer. Policies DM38 and DM39 of the Site Development Policies DPD seek to maintain the shopping provision in and outside Local Centres. 5.5 As stated above, whilst this site is not located within the Larger Local Centre it is considered that the introduction of a retail use would be of benefit to the wider retail offer. Whilst the proposed use is primarily a specialist retailer generating specific destination trips, it is considered that its location adjacent to the Larger Local Centre would add to the vitality of the Centre as it is likely to attract additional footfall to the area. There is no policy presumption against the change of use of this site from car sales to retail sales as a matter of principle in land use terms and it is considered that the proposed use, which would employ 14 people and introduce a use that is compatible with the adjoining retail centre is considered to make good use of this site. 5.6 The primary activity in this case is the retail sale of live fish and associated products for keeping fish. It is proposed that many of the functional items and products can be stored outside whilst allowing sufficient space for customer/staff parking and servicing for up to two vans. The application does not specify the practical operation of the Company s installation service, but the inference is that all goods can be reasonably accommodated on site and that this is an ancillary service to the core business. The proposed hours of use would be between Monday to Saturday and on Sundays and Bank holidays which are considered to be reasonable hours of operation in view of the unrestricted hours of operation of the previous car sales use.

8 Agenda Item 3 Page Having regard to the above, it is considered that the proposed use is acceptable in principle in land use terms being in conformity with the Council s relevant adopted and emerging planning policies. This is subject to the consideration of all other policy guidance and relevant material considerations as set out below. 5.8 Layout: 5.9 There are no external alterations proposed as it is intended to re-use the existing buildings and adapt the open area between the front and rear of the site for parking/servicing and display of goods for sale. Should there be any requirement for the display of advertisements requiring express consent, then this will be the subject of a separate application. There is no objection in principle to the open areas being used for the storage and display of goods for sale, but to safeguard the visual appearance of the site and its surroundings and the amenities of neighbouring properties, it is considered appropriate to include a condition withdrawing permitted development rights to ensure that, amongst other considerations, no goods are stored above a maximum height of 3 metres above ground level so they are contained within the height of the boundary walls. As set out in the following section, the layout of the open area between the front and rear buildings has been amended to take account of the comments from the Senior Highways Engineer and is now considered acceptable. Although there appears to be sufficient space within the site, there are no specific details of the location, size and accessibility of the proposed refuse storage facility and as such, a condition is included to require such detail to be submitted for later approval Traffic and Parking: 5.11 As originally submitted, the proposal included too many parking spaces against the standards contained in the adopted UDP and the Site Development Policies DPD and this has been reduced to a maximum of 3 spaces which would comply with the Council s published standards. To encourage alternative modes of transport, the plans have also been amended to include 2 cycle storage spaces in accordance with the Council s published standards. The amendment to the parking layout also means it is possible to improve the proposed layout to allow vehicles to enter and leave the site in forward gear. It is noted that the site is located on a red route which is enforced during the daytime and that Transport for London do not raise any objection in principle as the Highway Authority for this part of Epsom Road, subject to conditions as referred to in paragraph 3.7 above. As such, the proposal is considered acceptable against the relevant policies TR12 and TR13 of the adopted UDP and policy 3C.24 of the Site Development Policies DPD Impact on Neighbours: 5.13 As no alterations are proposed to these premises, there will be no adverse impact on the neighbouring properties in terms of light, outlook or overlooking. The proposed use as specialist retailer of live fish and associated equipment could attract a greater number of customers than the previous car sales use but it is unlikely that this would be to the detriment of neighbouring occupiers. Whilst there are some parallels with the type of retailing that both uses offer in

9 Page 27 Agenda Item 3 terms of being specific destination shopping types, a key difference in this case is that the previous use did not operate with any particular restrictions on hours of use, whilst this use would be controlled by specific hours of use stipulated by planning condition. As stated above, to protect the outlook of neighbouring residential properties it is considered appropriate to include a condition that restricts the height to which goods may be stored in the open to maintain the amenities of adjoining residents. On this basis, it is considered that the proposal would not result in an unacceptable impact on the amenities of adjoining occupiers Trees: 5.15 There are no trees affected by this application Access: 5.17 The site is reasonably accessible by public transport as Epsom Road and Stonecot Hill are served by a number of bus routes, and is easily accessible for pedestrians. Level access is possible for people with disabilities both into the site and into the single storey buildings at the front and rear of the site. As stated above, the revised layout drawings show ample space for parking on site as well as cycle storage facilities Sustainability: 5.19 Although this has not been addressed in this submission, this proposal is for the re-use, without significant alteration of an existing site, which is considered to be a highly sustainable approach. The proposed use is to replace a similar use located close by in the adjoining London Borough of Merton so as not to add appreciably to the travel distances of regular customers Planning Obligations: 5.21 Policy DP2 of the Core Planning Strategy and Circular 1/97 states that, where necessary, the Council can seek planning obligations from developers to provide community benefits necessary to facilitate implementation of an acceptable development scheme. In March 2007, the Council adopted Supplementary Planning Document No.5 Planning Obligations, which sets out the basis on which the Council will seek contributions from appropriate development proposals in order to facilitate improvements and benefits to the community and to the local environment Part II of the Planning Act 2008 provided for the imposition of a new charge known as a Community Infrastructure Levy (CIL) which Local Planning Authorities may levy on most types of new development in their areas. The purpose of the levy is to provide new Local and Sub-Regional infrastructure. The imposition of CIL is not compulsory and this Council is currently considering whether to implement CIL through a Development Plan Document. Affordable housing cannot be provided via CIL and will be provided via the normal S106 Legal Agreement process as at present.

10 Agenda Item 3 Page The Community Infrastructure Levy Regulation 2010 (Regulations issued Pursuant to the 2008 Act) have now put three tests on the use of planning obligations into law. On developments capable of being charged by CIL, it is now unlawful (since 6 th April 2010) to request planning obligations that do not meet the following tests: (i) necessary to make the development acceptable in planning terms (ii) directly related to the development, and (iii) fairly and reasonable related in scale and kind to the development 5.24 The effect of the Regulations is that this Council must apply the tests much more strictly and is only to ask for planning obligations that are genuinely necessary and directly related to a development. Should planning obligations be requested that do not meet the policy tests the Council would have acted unlawfully and could be subject to a High Court challenge In light of the above it is not considered reasonable to request planning contributions for this development. It is considered that the impact of the current proposal on the locality would be similar to the existing use and, therefore, any contributions requested would likely fail test (i) above Other relevant material planning considerations: 5.27 There have been no objections raised to this proposal and it is noted that the applicant has written to local residents and businesses prior to submitting this application in accordance with the best practice guidance contained in PPS CONCLUSION AND RECOMMENDATION 6.1 It is considered that this is an acceptable form of development that makes good use of previously developed land in accordance with the principles of good sustainable development. The use of the land and premises for retail purposes is an acceptable use that would add to the vitality of interest of the adjoining Stonecot Hill Larger Local Centre. 6.2 It is considered that the parking and servicing arrangements are acceptable and will not give rise to conditions prejudicial to highway or pedestrian safety in the locality. The proposed use will not give rise to any loss of amenity to the occupiers of adjoining residential properties. 6.3 As such, it is recommended that conditional planning permission is granted. Background Papers: A2010/62734/FUL Drawings and other documents can be viewed on line 1) Go to page: 2) Enter Planning Application Number: A2010/ ) Click on Search and View Current Applications 4) Click on View Plans & Documents

11 Page 29 Agenda Item 3 G Mr Colin Chandler Chandlerplanning 5 Wyeths Mews Epsom KT17 4ED A2010/62734/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 150 EPSOM ROAD Sutton Surrey SM3 9ES Use of land and premises for A1 retail purposes and provision of six car parking spaces. 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) The method of refuse and recycling storage shall be the subject of a detailed scheme to be submitted in writing to the Local Planning Authority for approval. The approved refuse storage shall be provided prior to the occupation of any part of the development hereby permitted and thereafter retained. Reason: To ensure that this facility is provided in a manner and to ensure compliance with Policy BP12 of the Core Planning Strategy which seeks to ensure that such ancillary buildings integrate with the principal development. (3) The development shall not be occupied until details of hard and soft landscaping and the positioning and type of all means of enclosure, together with an implementation

12 Agenda Item 3 Page 30 programme, have been submitted to and approved in writing by the Local Planning Authority. Work shall be undertaken in accordance with the approved scheme. 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 Policy BP12 of the Core Planning Strategy which requires landscaping schemes to provide a satisfactory townscape incorporating hard and soft landscaping and to make proper provision for suitable boundary treatments and screening to provide suitable private amenity garden and sitting space where appropriate. To ensure that the proposed development does not interfere with the free flow of traffic and conditions of safety on the public highway. (4) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development)(amendment) Order 2010 (or any Order amending or revoking and re-enacting that Order) Part 42, planning permission shall be required in respect of development falling within Class(es) A (extension or alteration of a shop) and B (erection or construction of a trolley store) to the schedule to that Order. Reason: To restrict the size and height of structures/buildings on these premisses to maintain the amenities of neighbouring properties and the character of the area in general. (5) The development hereby permitted shall not be open for customers outside the following hours: Mondays to Saturdays Sundays including bank and public holidays. Reason: To maintain the amenities of neighbouring properties. (6) The development shall not be occupied until space has been laid out within the site in accordance with the approved plans for 3 cars and 2 cycles to be parked and for the loading and unloading of vehicles and for vehicles to turn so that they may enter and leave the site in forward gear. The parking and turning area shall be used and permanently retained exclusively for its designated purpose. Reason: To prevent obstruction and inconvenience to other highway users (especially pedestrians, cyclists and those with disabilities), and also in the interest of highway safety. INFORMATIVES. (1) This application has been assessed against the relevant policies of the Sutton Unitary Development Plan. The proposal is generally in accordance with Section 38(6) of the Planning and Compulsory Purchase Act 2004 (as amended) and for this reason planning permission is granted. (2) Attention is drawn to the need to comply with the Disability Discrimination Act. The implementation of this planning permission does not over-ride the need to achieve full compliance with the Disability Discrimination Act. (3) The drawing no(s). relating to this decision is/are Design, Access and Planning Statement, 10/10-01B and 10/10-00.

13 Page 31 Agenda Item 3 (4) Should you require details of the consideration of the application that has led to this decision, the file may be inspected under the provisions of the Local Government (Access to Information) Act An appointment can be made for this purpose by telephoning (5) The applicant s attention is drawn to the comments from Transport for London that during construction and maintenance of the development, the carriageway and footway of the A24 Epsom Road must not be blocked. Any temporary obstruction should be kept to a minimum and should not obstruct the flow of traffic or encroach on the clear space needed to provide safe passage for pedestrians, or obstruct the flow of traffic. In addition, no skips or construction materials shall be kept on the footway or carriageway of the A24 Epsom Road at all times.

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