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17 January 2018
REPORT SUMMARY
REFERENCE NO - 17/03335/FULL
APPLICATION PROPOSAL
Restoration and conversion of the former Water Margin to create 3no. cottages & development of former Lloyds Bank site to form 17no. residential units with 17no. parking spaces; and laying
out of 5 additional parking spaces to serve the adjacent site.
ADDRESS Site Of 141 And 151 London Road Southborough Tunbridge Wells Kent
RECOMMENDATION: APPROVE subject to completion of s106 legal agreement (see
section 11 of report for full recommendation)
SUMMARY OF REASONS FOR RECOMMENDATION/REASONS FOR REFUSAL
- There is no objection in principle to the proposed development as the site is within the Limits to Built Development
- The proposal would result in the restoration of a Grade II Listed Building (former Water Margin restaurant) and the retention and conversion of a building considered to be a ‘non-designated’ heritage asset (former LLoyds Bank).
- The scale, layout and design of the proposals respect the context of the site and preserve the visual amenities of the locality.
- The proposed number of dwellings maximises the site’s potential for housing delivery accords with national and local development plan policy relating to sustainable development; and delivers an acceptable mix of dwelling sizes.
- The applicant has satisfactorily demonstrated, in accordance with Core Strategy Policy CP6, that in view of the substantial costs required to renovate the Listed Building (former Water Margin), the provision of affordable housing either at the site or off site through a developer contribution, would render the proposed development unviable.
- The development would not be significantly harmful to the residential amenities of nearby dwellings by reason of loss of privacy, overshadowing, dominance or noise; and an acceptable level of residential amenity is capable of being provided for occupiers of the proposed dwellings.
- The access and parking arrangements can be accommodated without detriment to highway safety and the proposed widening of the pavement in front the former Water Margin will be secured by condition.
- In consideration of the site’s highly sustainable location, an adequate number of parking spaces are provided to serve the proposed development.
- Other environmental impacts have been assessed and there are none that are considered potentially significant and which cannot be addressed through conditions.
INFORMATION ABOUT FINANCIAL BENEFITS OF PROPOSAL
The following are considered to be material to the application:
Contributions to be secured through Section 106 obligation:
£17,451.00– Primary education – towards the expansion of Southborough CE Primary School from two form entry to three form entry.
£7,174 - Library – towards Southborough Hub Library
£30,917 - Youth and adult recreation - towards Southborough playing fields /changing facilities
(Total contributions £55,542)
Net increase in numbers of jobs: N/A
Estimated average annual workplace salary spend in Borough through net increase in
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numbers of jobs: N/A
The following are not considered to be material to the application:
Estimated annual council tax benefit for Borough: £3,
Estimated annual council tax benefit total: £32,
Annual New Homes Bonus (for first 4 years): £20,
Estimated annual business rates benefits for Borough: N/A
REASON FOR REFERRAL TO COMMITTEE
In accordance with the Council’s constitution, due to the number of dwellings proposed for approval.
WARD Southborough &
High Brooms
PARISH/TOWN COUNCIL
Southborough Town Council
APPLICANT Water Margin Ltd. (co Reg. 10855934) AGENT Chris Anderson Architects
DECISION DUE DATE
19/01/
PUBLICITY EXPIRY DATE
OFFICER SITE VISIT DATE
RELEVANT PLANNING HISTORY (including appeals and relevant history on adjoining
sites):
Former Water Margin: The Water Margin (141 London Road) has been subject to a number of
applications for minor development relating to its use as a shop, restaurant, takeaway or drinking establishment, including:
01/02462/FUL Demolition of external store & internal walls
and construction of single storey pitched roof rear extension.
Permitted 22/02/
01/02464/LBC Demolition of external store & internal walls
and construction of single storey pitched roof rear extension and flue.
Permitted 22/02/
09/01176/FUL Retrospective - Change of use from restaurant to public house with dining and take-away
Permitted 10/07/
Former Lloyds Bank:
17/00805/FUL Change of use of former bank offices to 4 No.
flats, retaining front part of ground floor as Class A2 offices
Permitted 08/05/
Related applications:
17/03336/LBC Listed Building Consent: Restoration and
conversion of the former Water Margin to create 3no. cottages & development of former Lloyds Bank site to form 17no. residential units with 17no. parking spaces
Under consideration
Adjacent site: Southborough Hub development, 137 London Road:
16/06081/ HYBRID
Detailed application for demolition of existing buildings and erection of new mixed use Community Hub building comprising theatre (sui generis), library (D1), cafe (A3), medical centre (D1), Town Council offices (B1a) and
Permitted 15 /12/
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1.05 The former Lloyds Bank building at 151 London Road is also now vacant. It is an attractive Edwardian building constructed from brick beneath a tiled roof with large chimneys and tiled gable projections. It is two storeys high and has a basement. There is a large area of hardstanding to the front and north side of the building, set behind a brick wall, which is used for car parking and is accessed via two vehicular access points from London Road.
1.06 The Water Margin and Lloyds Bank curtilages back onto the Yew Tree Road car park, which is included within the Southborough Hub allocation under Policy AL/SO in the Site Allocations Local Plan 2016. The application site boundary includes the Yew Tree Road car park (as it is proposed that the site is accessed via this).
1.07 To the south are the Gallards Almshouses, which have a parking area accessed off Yew Tree Road close to the main road junction.
2.0 PROPOSAL 2.01 The proposals seek to implement a comprehensive scheme that would result in the restoration of the Water Margin listed building and the retention of the characterful Lloyds Bank building, whilst rationalising the access and parking arrangements and creating an attractive landscaped frontage. In total 20 dwellings are proposed together with 17 parking spaces.
2.02 There are three elements to the description of development:
- conversion of the former Water Margin to create 3 cottages
- development of former Lloyds Bank site to form 17 residential units with 17no. parking spaces; and
- laying out of 5 additional parking spaces to serve the adjacent Southborough Hub site. It is intended that these spaces would serve the apartments within the proposed mixed use (commercial and residential) block adjoining the northern boundary of the site.
Water Margin proposals 2.03 The former Water Margin would be fully refurbished and converted back to residential use, providing three 2 bed cottages. The existing unsympathetic front and rear single storey extensions would be removed and the building would be subdivided into three sections along its main structural timbers. New weatherboarding is proposed to the first floor where the removed extensions join with the original building, as well as new doorways, timber doors, sash windows and white render at ground floor level. In addition small canopy porches are proposed above each of the front doors. To the rear, new brick built kitchen extensions are proposed together with a small garden for each dwelling.
2.04 On the London Road frontage, each of the proposed cottages at the former Water Margin would have small front gardens, enclosed with metal railings and a gate. Following demolition of the front extension the boundary between the building and the pavement will be rationalised to provide a minimum pavement depth of 1.8m (representing an improvement over the current pavement width of approximately 1m). No parking spaces are proposed for these cottages.
Lloyds Bank proposals 2.05 The former Lloyds Bank building would be converted and significantly extended both to the rear and on its northern side (ie to fill the existing space between the Bank and the Water Margin). Altogether, this would provide 17 apartments comprising 8 x 1 bed units and 9 x 2 bed units.
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2.05 The proposed rear extension of the Lloyds Bank building incorporates a central courtyard together with first and second floor development which extends over part of the car park. 17 parking spaces, one per apartment, would be provided, accessed from the Yew Tree Road car park and would be mostly hidden underneath the rear extension. A communal refuse storage area would also be located to the rear, such that all vehicular activity associated with the building would take place at the rear, away from the main road. A row of semi-mature trees are proposed to be planted along the rear boundary with the Yew Tree Road car park to provide screening and a new 1.8m high brick boundary wall to the car park would be provided.
2.06 The proposed side extension is separated from Lloyds Bank by a glazed link that would connect with the interior courtyard and would provide a distinct break between the existing and new parts of the scheme.
2.07 The front extension has been designed to reflect the features and materials of the existing building. The proposed materials are a matching multi brick, with smooth red brick quoin detailing, timber Georgian-style windows and tile hanging to the gables and a clay tiled pitched roof. Dormer windows with decorative surrounds are proposed along the side and rear elevations. The rear elevation would be rendered at first floor level to reflect the roughcast render at the upper floor of the adjacent Gallards Almshouses, with the brick columns that support the upper floor continuing upwards to break up the extent of render.
2.08 The existing vehicular accesses to the front of the building would be closed and a front garden would be created, set behind a new 0.8m high brick wall with tree planting. There would only be pedestrian and cycle access to the front of the building. A secure cycle store is proposed at the front of the building.
Laying out of 5 additional parking spaces for the adjacent proposed apartment block 2.09 In order for this comprehensive scheme to be implemented it will be necessary for some land at the rear of the Water Margin site to be exchanged for some land within the boundary of the ‘Hub’ site. This would allow the rationalisation of parking provision to serve the Lloyds Bank development and the Block A of the proposed Crest Nicholson scheme.
2.10 Consequently, the application site boundary includes some land currently within the curtilage of the Water Margin (behind the building) which would be laid out as 5 parking spaces that would form part of the 8 space car park needed to serve the 8 apartments proposed in the adjacent Block A. By providing this land for this purpose, it allows Crest Nicholson to release some of the land they would own in order for the Lloyds Bank parking provision to be made. Without such an arrangement the proposals within this planning application, and the associated heritage benefits, could not be realised.
3.0 SUMMARY INFORMATION Existing Proposed Change (+/-) Site Area 0.22 0.22 No change Land uses Restaurant (A3) Bank (A5)
Residential – 20 apartments No. of storeys Water Margin 3 Lloyds Bank 2
Water Margin 3 Lloyds Bank 3
No change
No. of residential units None (although Water Margin
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6.01 Site notices were posted around the site and an advert was placed in a local newspaper in November 2017.
6.02 One representation from a property in Yew Tree Road has been received objecting to the proposals for reasons summarised below:
- Access through Yew Tree Road Car Park: Yew Tree Road is already over congested and access to and from the car park can be difficult. Would add to delays caused by cars turning into and out of the car park. The hub development will bring extra traffic and will cause an increase in air pollution and congestion in an already overly polluted and congested area. The proposed development will potentially add a further 30 cars (based on 2 cars per 2 bed cottage/flat) needing to access Yew Tree Road daily.
- Parking: naïve to say that 1 space per residential unit would be appropriate for two bedroom dwellings. Assume any unmet need will be met at Yew Tree Road Car Park where there is not enough space to serve this development and the Hub, including the 69 properties proposed by Crest Nicholson.
- Pressure on local infrastructure: Will add to traffic congestion, pressure on local schools, GP surgery and any local health services.
- Loss of office space: The Lloyds building has planning permission for 4 flats and A2 ground floor use (17/00805). The loss of the Lloyds A2 space will limit the availability of small offices in the area. Such offices could appeal to new start up businesses therefore the loss of A2 space could assist in reducing local economic growth and potentially local employment.
- Pollution: Would cause an increase in air, noise and light pollution.
7.0 CONSULTATIONS Historic England 7.01 10/11/17 – No objection on heritage grounds. Consider the applications meet the requirements of the NPPF, particularly paragraphs 132 and 134. Need to bear in mind the statutory duty of Sections 16(2) and 66(1) of the Planning(Listed Buildings and Conservation areas) Act 1990 to have special regard tom the desirability of preserving listed buildings or their setting or any features of historic interest which they possess.
7.02 The Water Margin restaurant, listed at grade II as the Bat and Ball Public House is the remaining portion of a series of four 18th^ century cottages converted into a public house in the mid 19th^ century. The building’s significance derives largely from its form as an example of a terrace of modest cottages along a main thoroughfare between two larger towns.
7.03 Historic England (HE) supports the principle of redeveloping this building which has lain empty for some years. Very little of the historic interior remains as much was removed to convert it into a public house. All internal partitions and most of the historic details have been removed from the ground floor. The reinstatement of partitions to form three cottages will be beneficial as it will reinstate some of the original plan form and circulation space.
7.04 Note the proposed removal of a 19th^ century staircase and the front extension would cause a small degree of harm as they help explain the building’s conversion to a public house but on balance this would cause a low level of harm to the building’s significance and would in some places reveal aspects of it significance which were lost when it was converted to a public house.
7.05 With reference to NPPF paragraphs 132 and 134, while it is for the Local Planning Authority to carry out the weighing exercise of harm against benefits, HE consider
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that securing the future of the listed building and converting it back to its historic use as cottages are significant heritage benefits in the terms of the NPPF.
Environment Agency 7.06 31/10/17 - No comments. Falls outside the EA’s remit as a statutory planning consultee. If foul drainage is not directed to mains sewer, then would wish to be re-consulted. ( Officer note: The application form confirms that foul sewage will be dealt with via the mains system ).
Southern Water 7.07 17/11/17 – Wastewater will be drained to Bidborough’s Wastewater Treatment works, which currently does not have the capacity to accommodate flows from the proposed development. Where development has been identified and allocated for future development by the Local Planning Authority, Southern Water will attempt to ensure capacity is available to serve those developments. There is currently a planned scheme to be completed by the end of the asset management period 6 that can accommodate the proposed development. No habitable rooms should be occupied until it has been confirmed by Southern Water that connection is permitted. The applicant is advised to discuss this with Southern Water. ( Officer note: an informative is included in the recommendation ).
7.08 Plan provided of approximate location of a public foul and surface water sewer crossing the site. Exact position should be determined on site by the applicant before the layout is finalised. It may be possible to divert the sewer. Request condition to protect drainage apparatus, requiring the developer to advise the LPA (in consultation with SW) of the measures that will be undertaken to divert the public sewers prior to commencement. It is also possible that a sewer now deemed to be public may be crossing the site. ( Officer note: a condition and informative is included in the recommendation ).
UK Power Networks 7.09 27/10/17 – Provided copy of records which show the electrical lines and/or electrical plant and a fact sheet containing information regarding the use of our plans and working around UK Power Network’s equipment. Safety around this equipment is a number one priority so need to ensure all workplace risk assessments have been completed before works begin. Requested that the applicant contacts UK Power Networks if the excavation affects Extra High Voltage equipment (6.6 KV, 22 KV, 33 KV or 132 KV).
Scotia Gas Networks 7.10 27/10/17 – provided extract from mains records on SGN assets (ie gas pipes owned by SGN in their role as a Licensed Gas Transporter (GT). Privately owned gas pipes or pipes owned by other GTs may be present in this area and information regarding those pipes needs to be requested from the owners. The records show low/medium/intermediate pressure gas main near the site. There should be no mechanical excavations above or within 0.5m of a low/medium pressure system or above or within 3.0m of an intermediate pressure system. Safe digging practices must be used to verify and establish the actual position of the mains, pipes, services and other apparatus on site before any mechanical plant is used.
Kent Highways 7.11 15/12/17 – No objections. Understand that the proposals for this site have evolved along side those for the Hub immediately to the north, and include an exchange of land so that both schemes may be delivered. The proposals include conversion of the listed building and conversion and extension of the former Lloyds Bank. Parking
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7.19 Noise: The site is within the urban area, but no traffic & commercial noise assessment has been submitted, a condition requiring acoustic assessment should therefore be attached to any permission granted.
7.20 Air Quality: The site is in the Tunbridge Wells Air Quality Management Area. A satisfactory air quality assessment has been submitted using dispersion modelling and Tunbridge Wells monitoring data. The report concludes that future residents of one of the proposed cottage residences may be exposed to air quality exceedances; so mitigation is required in the form of sealed windows and mechanical ventilation. Additionally, the report recommends a high specification of air tightness on the windows and doors should be incorporated into the front façade of each cottage. The report also recognises that during the construction phase of the development good practice dust control measures will need to be implemented. The installation of Electric Vehicle charging points would be a useful promotion of a sustainable travel option.
7.21 Contaminated land: No indication of land contamination on the contaminated land database & historic maps databases, and the historical use of the site does not appear to raise any contamination concerns. Any parts of the buildings to be converted should be checked for the presence of asbestos and any found should only be removed by a licensed contractor. Demolition or construction activities may have an impact on local residents and so the usual conditions/informatives should apply in this respect.
7.22 Requested standard conditions relating to internal/external sound levels – residential, Construction Management Plan and electric vehicle charging points. ( Officer note: such a plan has been provided and a condition is included in the recommendation).
Client Services 7.23 7/11/17 – The layout shows 17 standard 240lt bins only (for 17 properties), but no provision for garden brown bins or boxes for recycling. Queried whether the intention was to have a communal bin store with larger size domestic waste bins and shared recycling bins. There may be changes of material collected and method, charging for garden waste collection in the future. Access to the site to make collections is a concern regarding reversing and turning and how safe it would be to carry out collections via the car park, with the volume of car and pedestrian movements being a potential hazard.
Southborough Town Council 7.24 7/11/17 The Committee noted this application. The Committee hold a view that there are too many residential properties on that site.
8.0 APPLICANT’S SUPPORTING COMMENTS 8.01 The site is classed as previously developed land and is in an extremely sustainable location. The existing business use ended a few years ago and NPPF policy encourages redevelopment of such sites to boost the housing supply. There is a need for housing to meet the Objectively Assessed Housing Needs of the Borough this scheme will contribute towards that and towards the 1 and 2 bed units identified as a category of need.
8.02 The existing Water Margin is Grade II listed and would be subject to significant works to restore it to as close to its original shape and form as possible. Although to be subdivided into 3 residential units, the proposals carefully use the existing plan form and remove the poor and unsightly extensions. The proposals do not result in any significant harm and are acceptable.
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8.03 The Lloyds building is to be retained as it is considered to be a non designated heritage asset. The design includes and extension which wraps around from the east to the north. The front, roadside, elevation ensures that the extension appears separated by a glazed section and well proportioned. The use of similar materials would ensure a good design in accordance with Local Plan Policy EN1 (General Development Management Criteria).
8.04 Parking levels are policy compliant given the location within a very accessible location. The access to the building maintains adequate level access arrangements to some apartments. The new access proposals result in highway safety benefits.
8.05 The proposals have been carefully considered to ensure a high quality design that complements proposals for the hub and the surrounding area. The proposals make a positive contribution that is complaint with policies.
9.0 BACKGROUND PAPERS AND PLANS
- Planning Statement
- Design and Access Statement
- Heritage Statement
- Transport Statement
- Air Quality Report
- Viability Assessment Existing plans:
- Topographical survey drawing ref 1646 – 02
- Water Margin – survey of existing – drawing ref 1725 03
- Water Margin – existing elevations – drawing ref 1725 04
- Lloyds Bank – Existing floorplans and elevations – 1646 – 05
10.0 APPRAISAL 10.01 The key issues are:
- Principle and amount of development
- Heritage and townscape impacts
- Affordable housing and viability
- Design and amenity considerations
- Highways, access, parking and servicing
- Air quality
- Other detailed matters (noise, flood risk and drainage, construction impacts)
Principle of Development 10.02 This town centre site is previously developed land within the Limits to Built Development and is considered suitable for residential purposes under Core Strategy Policies CP1, CP6 and CP11, as well as complying with Local Plan Policy H5.
10.03 The proposed residential use of these former commercial premises is considered to be acceptable in principle. Whilst it is recognised that the proposed conversion of this bank (A2 use) and restaurant (A3 use) will result in the loss of employment floorspace there are no specific development plan polices that protect employment uses at this location (Southborough town centre is not designated as a Key Employment Area in the Core Strategy). Furthermore, as the site does not form part of a continuous retail frontage, there would no adverse impact on the primary retail frontage, which Local Plan Policy CR7 seeks to protect. There is a predominance of residential development on the eastern side of this part of Southborough town centre and the proposed residential use will be compatible with this. In addition, conversion
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adjacent Hub scheme. The proposals are considered to have achieved that objective and offer the following benefits:
- The conversion of the listed building (Water Margin) to three small cottages would restore the building to its original residential use.
- The removal of the unsympathetic front and rear extensions of the Water Margin would improve the listed building’s appearance.
- The provision of small ‘front gardens’ for the Water Margin cottages would create small areas of landscaped defensible space at the front of each dwelling and improve the appearance of the listed building.
- The setting back of the front boundary of the Water Margin allows for the provision of a wider pavement to create a safer pedestrian environment on the east side of this busy main road.
- The characterful Lloyds Bank building, whilst considered to be a non-designated heritage asset, does not benefit from any statutory protection. The retention and conversion of this building will ensure that it continues to make a positive contribution to the townscape.
- the removal of the vehicular accesses and parking in front of the Lloyds Bank building and its replacement with a landscaped garden (lawns, hedges and trees) sitting behind a brick wall would enhance the setting of both the Water Margin and Lloyds Bank buildings, and would enhance the street scene generally.
10.11 Historic England (HE) support the principle of redevelopment and consider that securing the future of the listed building and converting it back to its historic use as cottages are significant heritage benefits under the terms of the NPPF. Whilst identifying some degree of harm to the listed building (such as through the removal of a 19th^ century staircase and front extension) HE conclude this harm to be less than substantial. This conclusion is shared by the Principal Conservation Officer. In such cases, it is the role of the Local Planning Authority to balance the factors of harm and benefits. In this instance it is concluded that the benefits set out above are sufficient to outweigh the less than substantial harm resulting from some of the proposed alterations to the listed building and that such harm is justified.. Consequently it is concluded that the heritage impacts of the proposals comply with the national and development plan policies referred to above.
Developer contributions, affordable housing and viability 10.12 Paragraph 173 of the NPPF specifically addresses viability, stating that: ‘Pursuing sustainable development requires careful attention to viability and costs in Plan-making and decision-taking. …. To ensure viability, the costs of any requirements likely to be applied to development, such as requirements for affordable housing, standards, infrastructure contributions or other requirements should, when taking account of the normal cost of development and mitigation, provide competitive returns to a willing land owner and willing developer to enable the development to be deliverable’.
10.13 The NPPF also states that planning obligations (such as Section 106 agreements) should only be sought where they meet all of the following tests:
- necessary to make the development acceptable in planning terms,
- directly related to the development, and
- fairly and reasonably related in scale and kind to the development.
10.14 The applicant has agreed to provide a Section 106 obligation that would secure the contributions set out on the front page of this report, which would comply with the above tests.
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10.15 It would normally be expected that a scheme of this scale would make provision for affordable housing. Core Strategy Policy CP6 requires housing developments creating 10 or more dwellings to provide 35% of the total number of dwellings as affordable. In this case this would equate to 7 affordable dwellings. However, Policy CP6 states that where it can be demonstrated to the satisfaction of the Borough Council that ‘ site-specific factors would render the development to be non-viable in terms of cost ’, then a mutually appropriate alternative proportion of affordable housing will be negotiated.
10.16 The applicant has submitted a Viability Assessment that demonstrates that the development cannot financially support the provision of any affordable housing, either through its incorporation within the scheme or through a developer contribution for off-site provision.
10.17 The Council’s viability consultants have accepted that the applicants’ assessment of the expected costs which include the costs of restoring the Listed Building, and anticipated sales values of the scheme, are based on reasonable evidence. The applicant is accepting a significantly lower profit level than the minimum current market level (between 15% to 18%).
10.18 The RICS Guidance ‘Financial Viability in Planning’ states that: ‘ When a developer’s return is adopted as the benchmark variable [as is the case in the assessment] , a scheme should be considered viable, as long as the cost implications of planning obligations are not set at a level at which the developer’s return (after allowing for all development costs including Site Value) falls below that which is acceptable in the market for the risk in undertaking the development scheme. If the cost implications of the obligations erode a developer’s return below an acceptable market level for the scheme being assessed, the extent of those obligations will be deemed to make a development unviable as the developer would not proceed on that basis’.
10.19 Even after reducing the allowance made for build cost contingencies (which the Council’s viability consultant considers could be slightly higher than could reasonably be expected), the Council’s consultants have confirmed that the profit level does not increase sufficiently other than to ensure that the required s106 contributions of circa £55,000 could be made. They conclude that ‘it is unlikely that a contribution towards affordable housing would be possible without further deteriorating a low kevel of developer return’.
10.20 The applicant is accepting a lower than standard profit margin for the development and is willing to make the other requested Section 106 contributions, but on the advice of the Council’s viability consultants it is accepted that the scheme cannot support the delivery of either on-site affordable housing or a developer contribution towards off-site provision. The main reason for this is the substantial costs of restoring a grade II Listed Building back into productive use. It is therefore accepted that in this case there are ‘ site specific factors ’ that justify the non-provision of affordable housing and that failure to comply with Core Strategy Policy CP6 is outweighed by the heritage and townscape benefits that would result from this proposal.
10.21 Having had regard to independent advice and national planning policy and guidance, it is concluded that the Section 106 contributions set out in the recommendation are the best that can be achieved.
Design and amenity considerations
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of the site, leaving no amenity space at the rear for residents. This is, however, balanced by the creation of an attractive garden on the London Road frontage and the benefits of removing parking from the frontage. With regard to residents amenity it should also be recognised that this is a town centre site, with good access to the nearby playing fields. The apartments are considered to achieve an acceptable standard of amenity in terms of daylight, outlook and internal space standards, with careful design to minimise the number of single aspect dwellings.
10.29 With regard to the impact on neighbouring properties, the proposals would not have any significantly adverse impact on the amenities of the Gallards Almshouses to the south or on the proposed apartment block within the Hub site to the north, by reason of overlooking, overshadowing or creating a poor outlook. The increased traffic resulting from having parking at the rear would add to the comings and goings across the public car park but it is expected that residents’ vehicle movements would be reduced as a result of the close proximity of facilities and public transport. It is not considered that having 17 parking spaces accessed from the rear would create unacceptable noise or disturbance to neighbouring residents of the car park, nor that the proximity of the public car park would result in an unacceptable level of amenity for future occupiers of the proposed development.
10.30 It is therefore concluded that the proposals achieve an acceptable standard of design in conformity with Core Strategy Policy CP5 and Local Plan Policy EN1. Also, acceptable levels of amenity would be secured for neighbouring residents as well as future occupiers of the proposed development in accordance with Policy EN1 of the Local Plan.
Highways, access, parking and servicing 10.31 Core Policy 3 of the Core Strategy encourages sustainable modes of transport to reduce dependence on the private car. Policy TP4 of the Local Plan seeks to ensure that there is sufficient capacity within the road network to accommodate new development and that any additional traffic does not adversely affect the safe and free flow of traffic or other road users.
10.32 This proposal is for the redevelopment of a commercial town centre site. With regard to traffic generation, the Transport Statement submitted by the applicant compares the trip generation that would result from the proposed development during the morning and afternoon peak hours to those associated with the former commercial uses. This shows that the proposals have the potential to produce the same number of vehicle trips inn the morning peak and reduce the number of vehicle trips in the afternoon peak by four vehicles. The conclusion being that the proposals are unlikely to have any impact on the operation of the surrounding highway network. Kent Highways have accepted these conclusions.
10.33 The applicant’s Transport Statement concludes that given the great availability of bus services within the vicinity of the site and the planned improvements to cycle infrastructure along the A26 and through the Southborough hub site, it is likely that a good proportion of trips will be made by non-car transport modes. Pedestrian safety along London Road would also be improved through the increase in the width of the footway in front of the Water Margin.
10.34 As vehicular access is proposed from Yew Tree Road, and the existing vehicular access points on London Road would be closed, this is likely to have benefits on the safe and free flow of traffic along the A26, in conformity with Local Plan Policy TP4.
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10.35 A local resident has raised concerns about the suitability of the access through Yew Tree Road Car Park, commenting that there was no mention of this when the Southborough hub proposals were under consideration. A planning condition attached to the hub development (condition 44 of permission ref 16/06081/HYBRID) permits no more than eight dwellings on the Hub scheme to be served via the Yew Tree Road car park, as this was one of the assumptions of the Transport Assessment for the Hub scheme. However, this condition only applies to the Hub development and does not prevent other land that is the subject of a separate planning application from being served via this route, providing of course that the impact of any additional traffic through this access point is considered to be acceptable. Kent Highways have confirmed that that these proposals are acceptable from the point of view of impact on the junctions near to the site, highway safety and the free flow of traffic in this area. Under the approved Hub development, access via the car park has been agreed for the servicing of the commercial units and for residents cars and refuse collection associated with the development blocks adjacent to this application site. There are adequate turning facilities in this adjoining area for such vehicles.
10.36 Parking was a key issue when the hub proposals were considered and the applicant has been advised at the pre-application stage to maximise the number of spaces on the site. There is just sufficient space for 17 parking spaces to be provided, representing one space per apartment in the extended Lloyds Bank building. This complies with the parking standards set out in Kent County Council’s Interim Guidance Note 3.
10.37 Unfortunately no space is available to provide parking for the three cottages that would be created in the former Water Margin building. The five car parking spaces that are proposed to the rear of this building are for the use of the adjacent Crest Nicholson development associated with the Hub proposals (in order to ensure that the adjacent residential block has a sufficient number of parking spaces once the land exchange referred to earlier in this report has taken place). Whilst the lack of parking to serve the three cottages is a disadvantage of the proposals, these are small properties and this is a highly sustainable location. It may also be possible for occupiers to purchase season tickets in the adjacent public car park. Furthermore, when considered in conjunction with the other range of benefits accruing from these proposals, this small amount of under-provision is not considered a sufficient reason to refuse this application.
10.38 These proposals do not impact on the number of parking spaces agreed as part of the Southborough Hub development. However, two parking spaces would be lost from the public car park in order to allow access into the rear car park serving the Lloyds Bank building. Local Plan Policy TP22 seeks to retain the Yew Tree Road public car park. The loss of such a small number of spaces from this 66 space car park is not considered to be significant and is acceptable when balanced against wider benefits of the proposals.
10.39 policy compliant provision of secure cycle storage is proposed in the form of a free standing store within the front garden of the premises. A planning condition is proposed to require the final details and location of this to be agreed.
10.40 Refuse storage for the apartments is proposed within the rear parking area. A planning condition is proposed to require the final details of this to be agreed in order that account can be taken of Client Services refuse storage requirements at the time of implementation.
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Renewable energy and energy efficiency 10.49 Core Policy 5 of the Core Strategy explains that the Council will apply and encourage sustainable design and construction principles and best practices in order to combat avoidable causes of climate change. The Council’s Renewable Energy SPD and update of 2016 requires that renewable technology be incorporated into new developments in order to reduce predicted CO2 emissions by 10%. The 2016 update specifies that the 10% requirement can be negotiated if a developer is able to prove that they will achieve energy standards significantly beyond Building Regulations requirements.
10.50 The final details of the proposed renewable energy / energy efficiency measures are the subject of a planning condition contained in the recommendation.
Construction impacts 10.51 The recommendation includes a condition requiring a Construction Management Plan to be agreed which would have appropriate mitigation measures relating to issues such as noise, dust, parking of contractors vehicles etc. This will need to take account of any construction activities that may be happening at the Hub site at the same time.
Conclusion 10.52 The proposals would significantly enhance the appearance of the former Water Margin Listed Building and would secure the retention of the former Lloyds Bank building, thereby delivering significant heritage benefits that would outweigh the less than significant harm that would result from some of the proposed works.
10.53 In addition efficient use is made of this town centre site, in such a way as to complement the recently approved Southborough Hub regeneration scheme. 20 new dwellings would be provided in a sustainable location; thereby helping to meet the Borough’s housing needs. The scale, design and external appearance of the proposals are considered to respect the sensitivities of these attractive buildings and, together with the landscaping proposals and boundary treatments, would greatly enhance the townscape in this prominent location.
10.54 Unfortunately, due principally to the high build costs associated with the restoration of the Listed Building, the scheme is unable to deliver any of the 7 affordable dwellings that would be required to meet the Council’s affordable housing policy. This conclusion has been borne out following an appraisal of the financial viability of the scheme by the Council’s specialist viability consultants. Notwithstanding this, it is concluded that the overall benefits of the development, as explained earlier in this report, are significant and outweigh this disadvantage.
10.55 The application is therefore recommended for approval subject to the completion of a Section 106 obligation to secure developer contributions towards primary education, libraries and youth and adult recreation facilities, and the imposition of planning conditions as set out below.
11.0 RECOMMENDATION – APPROVE subject to the following:
A) THE COMPLETION OF A LEGAL AGREEMENT / OBLIGATION UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 (AS AMENDED) IN A FORM TO BE AGREED BY THE HEAD OF LEGAL PARTNERSHIP MID KENT LEGAL SERVICES TO SECURE THE FOLLOWING:
(i) The payment of the following developer contributions:
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- Primary school contribution of £17,451.00 towards Southborough CE Primary School expansion from two-form entry to three-form entry.
- Library contribution of £7,174 towards Southborough Hub Library.
- Youth & adult recreation contribution of £30,917 towards Southborough playing fields towards Southborough playing fields/changing facilities. (ii) Payment of the Council’s legal costs
CONDITIONS to include: Time Limit for implementation of permission (1) The works hereby permitted shall be begun before the expiration of three years from the date of this permission.
Reason: In pursuance of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
Approved plans (2) The development shall be carried out in accordance with the following approved plans:
Proposed site location plan and block plan – drawing 1646 – 08C Bat and Ball Cottages (Water Margin) – proposed plans - drawing ref 1725 06A Bat and ball cottages (Water Margin) – proposed elevations – drawing ref 1725 07 Lloyds Bank – proposed plans ground and first floor – drawing ref 1646-09C Lloyds Bank – proposed plans second floor – drawing ref 1646- Lloyds Bank – proposed elevations – drawing ref 1646-11A Lloyds Bank – proposed sectional elevations – drawing ref 1646- Proposed plans / schedule of accommodation – drawing 1646 – 13B
Reason: To define the permission and ensure the development is carried out in accord with the approved plans and in accordance with National Planning Practice Guidance.
Construction Environmental Management Plan (3) Prior to the commencement of the construction works in any part of the site, a Construction Environmental Management Plan relating to the whole site, and taking account of any construction works that may be being occurring concurrently on the adjacent Southborough Hub site, shall be submitted to and approved in writing by the Local Planning Authority. The construction of the development shall then be carried out in accordance with the approved Code of Construction Practice and BS5228 Noise Vibration and Control on Construction and Open Sites and the Control of dust from construction sites (BRE DTi Feb 2003) unless previously agreed in writing by the Local Planning Authority.
The Plan shall include:
- An indicative programme for carrying out the works
- Measures to minimise the production of dust on the site
- Measures to minimise the noise (including vibration) generated by the construction process to include the careful selection of plant and machinery and use of noise mitigation barrier(s)
- Measures to minimise the noise (including vibration) generated by the construction process
- Maximum noise levels expected 1 metre from the affected façade of any residential unit adjacent to the site(s).
- Design and provision of site hoardings
- Management of traffic visiting the site(s) including temporary parking or holding areas
- Provision of off road parking for all site operatives
