application number mo/2020/0341 (detailed) 27 …...4.8. mole valley access group – query whether...

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Application Number and Registration Date MO/2020/0341 (Detailed) 27-Feb-2020 Applicant Mr N Patel Case Officer Sherelle Munnis Amendments /amplifications Committee Date 3 June 2020 Ward(s) Dorking North Within 20m of Dorking South Ward Proposal Partial demolition and change of use of existing (B1) single-storey rear building and erection of replacement two-storey building for use as residential (C3); change of use of ancillary first and second floors of bank (A2) to residential (C3) with additions to first and second floors, creating 8 No. self-contained residential units. Site Description 87-99, High Street, Dorking, Surrey, RH4 1AL RECOMMENDATION: Approve subject to conditions Summary The site is located within Dorking Conservation Area and includes accommodation above Barclays Bank as well as land to the rear of the building. The application seeks permission for the partial demolition and change of use of a single storey B1 office building at the rear of the site and the erection of a replacement two-storey building containing two residential units. In addition, permission is sought for a change of use of the ancillary first and second floors of the bank from A2 use to residential use together with extensions at first and second floor level to create a further 6 residential units. The application is largely a re-submission of an earlier application, reference MO/2017/0439, permitted in June 2017, but excludes works to the front elevation of the Barclays bank building at ground floor level that were approved under the 2017 permission. For clarity - the ground floor of Barclays Bank is not affected by this application. The main issues for consideration are the principle of development; impact

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Page 1: Application Number MO/2020/0341 (Detailed) 27 …...4.8. Mole Valley Access Group – query whether flats would be accessible; whether lift is proposed and whether the layout includes

Application Number and Registration Date

MO/2020/0341 (Detailed) 27-Feb-2020

Applicant

Mr N Patel

Case Officer

Sherelle Munnis

Amendments /amplifications

Committee Date

3 June 2020

Ward(s)

Dorking North Within 20m of Dorking South Ward

Proposal

Partial demolition and change of use of existing (B1) single-storey rear building and erection of replacement two-storey building for use as residential (C3); change of use of ancillary first and second floors of bank (A2) to residential (C3) with additions to first and second floors, creating 8 No. self-contained residential units.

Site Description

87-99, High Street, Dorking, Surrey, RH4 1AL

RECOMMENDATION: Approve subject to conditions Summary The site is located within Dorking Conservation Area and includes accommodation above Barclays Bank as well as land to the rear of the building. The application seeks permission for the partial demolition and change of use of a single storey B1 office building at the rear of the site and the erection of a replacement two-storey building containing two residential units. In addition, permission is sought for a change of use of the ancillary first and second floors of the bank from A2 use to residential use together with extensions at first and second floor level to create a further 6 residential units. The application is largely a re-submission of an earlier application, reference MO/2017/0439, permitted in June 2017, but excludes works to the front elevation of the Barclays bank building at ground floor level that were approved under the 2017 permission. For clarity - the ground floor of Barclays Bank is not affected by this application. The main issues for consideration are the principle of development; impact

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on the character of the Conservation Area and the setting of St Martins Church and the amenity of neighbours. No policy conflict has been identified in relation to these issues. Given that there have been no significant changes in either national or local planning policy since the previous permission was granted in 2017, permission is therefore recommended. 1. Development Plan

1.1. Built up area Dorking Town Centre Boundary Conservation Area Green Infrastructure in Dorking Town

2. Relevant Planning History

MO/20/0680 Discharge of conditions 7, 8, 9, 10, 13 and 16 of planning permission reference MO/2017/0439 for the Partial demolition and change of use of existing (B1) single-storey rear building and erection of replacement two-storey building for residential use; change of use of ancillary first and second floors of bank to residential with additions to first and second floors, creating 8 No. units

Under consideration

MO/17/0443 Change of use of ground floor unit, basement and mezzanine from Class A2 to A3

Permitted 15/06/17

MO/17/0439 Partial demolition and change of use of existing (B1) single-storey rear building and erection of replacement two-storey building for residential use; change of use of ancillary first and second floors of bank to residential with additions to first and second floors, creating 8 No. units

Permitted 08/06/17

MO/90/1033 Subdivision of ground floor of existing bank premises to provide separate office use under Class B1 at rear totalling 107sqm

Permitted 12.10.90

3. Description of Development

3.1. The application site has an area of 491sqm and includes the accommodation above Barclays Bank as well as the land to the rear of the building. The western boundary of the site is bordered by Church Walk which connects the High Street to St Martins churchyard. The northern boundary is defined by a flint wall which faces towards the grounds of St Martins Church. The building immediately east of the site on the High Street frontage is occupied by Mountain Warehouse and has two floors of accommodation above. The buildings behind Mountain Warehouse are in residential use. On the opposite side of Church Walk (to the west of the site), the floorspace above and behind Boots the Opticians is occupied by 6 apartments some of which have windows facing towards Church Walk.

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Figure 1 - Location plan

Figure 2 - View from St Martin’s churchyard towards the rear of the site

N

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3.2. The current application seeks permission for the partial demolition and change of use of the B1 (office) single storey flat roofed element at the rear of the building and the erection of a replacement two storey building containing two residential units. It is also proposed to change the use of the ancillary first and second floors of the bank to residential with extensions to the first and second floors to create a further 6 units.

Figure 3 - Proposed elevation facing High Street - proposal involves raising parapet of white rendered facade by 1200mm to allow for formally proportioned Georgian facade to both storeys

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Figure 4 - Proposed view from St Martin’s churchyard towards north and west elevations 4. Consultations

4.1. SCC Highways – No objections. Conditions recommended

4.2. Historic Environment Officer – No objection. Conditions recommended. I have no objection to this application, which is essentially a resubmission of a scheme which was approved in 2017 (MO/2017/0439). The 2017 scheme followed many months of discussion and negotiation with the HEO at that time, resulting in a development that was felt to respect the setting of the nearby Grade II* church, its yard and the character of this part of the conservation area. There have been no planning policy or guidance changes since then which would alter the conclusion that this well considered development will preserve the character of the conservation area and not harm the setting of nearby heritage assets. I suggest the same conditions that were applied in 2017, save for the wording of the condition concerning demolition, which should be as we discussed (by email) on the 9/4/2020 i.e. to account for the COVID-19 related constraints on undertaking site surveys at this time.

4.3. Head of Environmental Health – Given the proximity of the air-conditioning plant at the rear of Barclays to the proposed residential units, it would be advisable to attach the same noise condition used in the 2017 permission. In terms of contamination, we would not consider there to be a reasonable possibility of a significant risk from contamination from the previous history thus we would have no recommendations to make on this.

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4.4. Surrey Wildlife Trust – (letter dated 23/04/2020) No objection. Advice given in the event that bats are found during works. It is assumed there have been no changes to the building since the previous permission was granted in 2017, which would affect their suitability to host Bat roosts. In the event that Bats, or evidence of, are found on site during works, all work must cease and the applicant must contact Natural England with regards to obtaining a licence to undertake the works.

4.5. Waste and Recycling Officer – No comment

4.6. Thames Water – (letter dated 02/03/2020) The site is located within 15m of a strategic sewer therefore a condition is recommended to ensure that no piling takes place until a piling method statement is submitted to the LPA for approval in consultation with Thames Water. The developer should demonstrate measures to be undertaken to minimise discharges to the public sewer. Any such discharges would require a permit from Thames Water. An informative is recommended. No objection with regard to surface water drainage, waste water network and sewage treatment works infrastructure capacity.

4.7. Sustainability Adviser – comments on MO/2017/0439 where the same renewable technology was proposed: Air Source Heat Pumps are proposed and would be a suitable renewable technology for this location. Condition recommended.

4.8. Mole Valley Access Group – query whether flats would be accessible; whether lift is proposed and whether the layout includes fire refuges or if all flats would have access to an open space or flat roof. Officer comment – The layout matches that previously approved under the 2017 permission. Due to level differences and the development being largely a conversion not amounting to more than 3 storeys above ground a lift is not proposed. All apartments are lobbied from the staircase but will not require wheelchair refuges as there is no accessible access provided. There is also a level difference between the street and the entrance to the town houses. The accommodation does not lend itself to the needs or environment for a wheelchair user being formatted as split level town houses. There is scope for a ramp to be located in the entrance foyer to make the ground floor of the houses accessible, however with such restricted accommodation this wouldn’t be recommended and viewed as more of an interim solution should it ever be required.

4.9. SCC Archaeology - In terms of its impact on any Heritage Assets of archaeological significance that may be present, the proposed development is substantially the same as application MO/2016/0941 and 2017/0439 and as such my comments on those applications remain entirely relevant here, namely: The application site is within an Area of High Archaeological Potential designated around the historic settlement of Dorking and it is possible that it contains Heritage Assets with archaeological significance about which we are currently unaware. As such, I am pleased to note that the applicant has taken on board the archaeological implications of the development and have submitted a Heritage Desk Based Assessment and Historic Building Assessment with their application. The report meets with the required professional standards and I am in agreement with the recommendation that it contains for a programme of archaeological monitoring, to be conducted during the associated groundworks. Such a programme will ensure that any Heritage Assets with archaeological significance that may be revealed during the ground works will be excavated and recorded before they are destroyed.

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The scope and methodology for the programme of monitoring will need to be specified in a Written Scheme of Investigation (WSI) that should be submitted to and approved by the planning authority. The WSI should contain a robust analysis of the potential impact of the development on any Heritage Assets of archaeological significance that may be present in order to better inform the extent of the required monitoring programme. In this instance, the archaeological work cannot be carried out in advance of planning permission, however, I recommend that should planning permission be granted, the programme of work should be secured through the standard condition requiring a scheme of archaeological work. To ensure the required archaeological work is secured satisfactorily, the following condition is appropriate and should be attached to any planning permission: “No development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Investigation which has been submitted by the applicant and approved by the Planning Authority.”

5. Representations

5.1. 1 representation received commenting as follows:

Comment Officer response

Support the provision of additional housing units in this location. This would ease pressure on releasing Green Belt land

Noted

Complicated building massing which is affected by the amenity spaces for the new residential units. The building should be simple in nature to avoid detracting from St Martin’s Church

This application is a resubmission of a scheme approved in 2017 for the same design/amount of built form to the rear of Barclays Bank. The design of the residential units came about following lengthy discussions with officers to address a range of concerns arising from an earlier proposal (in 2016). Officers are satisfied that the design has been carefully considered and that the building would sit comfortably in its surroundings – including its relationship with the nearby St Martins church.

The south elevation (facing the High Street) is well designed and would relate well to its surroundings

Noted

A more conservative material palette would be more appropriate. Retention of the flint wall is welcomed

The material palette is considered to be in keeping with the character of the surrounding area and includes: ashlar stone for the main entrance off St Martins Walk. Ashlar is the stone used on the Barclays Bank building and on St Martins Church; Local stock brickwork for the majority of the new construction; slate roof

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across all new sections of roof, and dark timber weatherboarding to be used as louvres on two window openings facing towards St Martins Walk. Weatherboarding has been used on an adjacent dwelling at the rear of the site. The knapped flint boundary wall will be retained.

A car free development is appropriate for this area, therefore supports the proposed provision of cycle parking

Noted

6. Main Planning Policies

6.1. Government Guidance NPPF: Section 2 – Achieving Sustainable Development Section 4 – Decision Making Section 5 – Delivering a Sufficient Supply of Homes Section 7 – Ensuring the Vitality of Town Centres Section 8 – Promoting Healthy and Safe Communities Section 9 – Promoting Sustainable Transport Section 11 – Making Effective use of Land Section 12 – Achieving Well Designed Places Section 14 – Meeting the Challenge of Climate Change, Flooding and Coastal Change Section 15 – Conserving and Enhancing the Natural Environment Section 16 – Conserving and Enhancing the Historic Environment

6.2. Mole Valley Core Strategy CS1 – Where Development will be Directed CS2 – Housing Provision and Location CS3 – Balancing Housing Provision CS6 – Dorking Town Centre CS14 – Townscape, Urban Design and the Historic Environment CS15 – Biodiversity and Geological Conservation CS19 – Sustainable Construction, Renewable Energy and Energy Conservation CS20 – Flood Risk Management

6.3. Mole Valley Local Plan ENV15 – Species Protection ENV22 – General Development Control Criteria EN23 – Respect for Setting ENV24 – Density of Development and Space About Buildings ENV39 – Development in Conservation Areas ENV49 – Areas of High Archaeological Potential MOV15 – Provision for Cyclists in Development Proposals

6.4. Other Documents Dorking Town Area Action Plan (2012) policies DT1 ‘Presumption in Favour of Sustainable Development’, DT2 ‘Dorking Town Centre Boundary’ and DT13 ‘Green Infrastructure in Dorking’

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Built up Areas Character Appraisal for Dorking, North Holmwood and Pixham Dorking Conservation Area Appraisal and Management Plan

7. Main Planning Issues

The main planning issues for consideration are: * the principle of development * impact on the character of the area including the Conservation Area and the setting of St Martin’s Church * Impact on neighbouring amenity * Impact on protected species * Parking and highway matters * Refuse storage * Renewables * CIL Principle of development

7.1. Paragraph 85 of the NPPF advises that planning policies and decisions should support the role that town centres play at the heart of local communities, by taking a positive approach to their growth, management and adaptation. Planning policies should, inter alia, recognise that residential development often plays an important role in ensuring the vitality of centres and encourage residential development on appropriate sites.

7.2. Paragraph 117 of the NPPF advises that planning decisions should promote an effective use of land in meeting the need for homes and other uses, while safeguarding and improving the environment and ensuring safe and healthly living conditions. Paragraph 118, states that planning decisions should support opportunities to use the air space above existing residential and commercial premises for new homes. In particular, they should allow upward extensions where the development would be consistent with the prevailing height and form of neighbouring properties and the overall street scene is well-designed and can maintain safe access and egress for occupiers.

7.3. The Council can currently only demonstrate 3 years of Housing Land Supply and as such, the policies in the Development Plan relating to housing land supply are to be regarded as out of date. As such, there is a presumption in favour of sustainable development and the’ tilted balance’ in paragraph 11 of the NPPF is normally engaged.

7.4. The tilted balance states where policies are out of date, permission should be granted unless (i) the application of policies in the Framework that protect areas or assets of particular importance provides a clear reason for refusing the development; or (ii) any adverse impact of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole. Given that the site lies within the Dorking Conservation Area, the tilted balance is not applicable.

7.5. Core Strategy policy CS1 seeks to ensure that new development is directed towards previously developed land within the built up areas. Policy CS2 relates specifically to the provision and location of new housing and similarly states that new residential development should be located within the District’s main built up areas. Policy CS3 is concerned with the size of new residential units and particularly encourages the provision of two and three bedroom dwellings suitable for occupation by newly formed households, young couples and expanding families.

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7.6. Policy CS6 ‘Dorking Town Centre’ seeks to consolidate and enhance the role of Dorking town centre by making it more attractive for shopping, business, leisure, cultural and recreational activities. At the heart of this policy is the need to sustain the town’s vitality and viability. The supporting text to this policy sets ways in which the vision for Dorking can be delivered. These include encouraging the provision of residential accommodation above shops and in new developments and resisting the loss of town centre dwellings.

7.7. Policy DT2 of the Dorking Town Area Action Plan relates to the town centre boundary and states that development that would support the vision and strategy for Dorking town centre in accordance with policy CS6 of the Core Strategy, will be directed to sites within the town centre boundary.

7.8. This is a highly sustainable town centre site within a short walk of Dorking’s shops and other facilities and within easy access of a range of bus and rail services. The proposed residential use would comply with paragraphs 85, 117 and 118 of the NPPF by contributing to the vitality of the town centre; benefitting from an accessible location, and making the more efficient use of the land. The application would provide additional residential units within Dorking town centre and would complement the existing residential uses above and behind neighbouring shops. In that respect the proposed development is compliant with policies CS1, CS2 and CS6 of the Core Strategy and policy DT2 of the Dorking Town Area Action Plan.

7.9. The new residential units would be made up of 3 x 1 bedroom flats, 3 x 2 bedroom units (made up of 1 no. 2 bedroom flat and 2 no. 2 bedroom houses) and 2 x 3 bedroom flats. Given that the majority of the new residential units would be 2 and 3 bedrooms, the proposal complies with Core Strategy policy CS3.

7.10. The existing office at the rear of the site was vacant between 2008 and 2013 and since then has been used as ancillary offices premises by White & Sons. The principle of changing the use of the existing office space to residential was accepted under the 2017 application and continues to be acceptable. The fact that the previous permission (granted in 2017) is still capable of being implemented, is a strong material consideration. The effect of the proposed development on the Conservation Area and the setting of the adjacent listed St Martins Church is discussed below Character of the Area including the Conservation Area and the setting of St Martins Church

7.11. Paragraph 127 of the NPPF states that planning policies and decisions should ensure the developments, inter alia: (a) will function well and add to the overall quality of an area, not just for the short term but over the lifetime of the development; (b) are visually attractive as a result of good architecture, layout and appropriate and effective landscaping; (c) are sympathetic to local character and history, including the surrounding built environment and landscape setting, while not preventing or discouraging appropriate innovation or change (such as increased densities); create places that are safe, inclusive and accessible and which promote health and well-being, with a high standard of amenity for existing and future users.

7.12. At paragraph 130, it is stated that permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions.

7.13. Section 16 of the NPPF seeks to conserve and enhance the historic environment. Paragraph 189 states that in determining applications, local planning authorities should require an applicant to describe the significance of any heritage assets affected,

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including any contribution made by their setting. Paragraph 193 states that when considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset's conservation (and the more important the asset, the greater the weight should be). This is irrespective of whether any potential harm amounts to substantial harm, total loss or less than substantial harm to its significance. Paragraph 196 states that where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal including, where appropriate, securing the optimal viable use.

7.14. The proposal would see the retention of the flint wall on the boundary of the site and the new development would sit comfortably behind it. Although taller than the existing building to the rear of Barclays, the massing of the new building and the extensions on the upper levels of the frontage element would gradually step down towards the churchyard. It has been carefully considered to ensure it relates positively to the buildings either side. In design terms, the proposed development is considered to cause ‘less than substantial harm to the character of the Conservation Area and to the setting of St Martins Church.’ This harm needs to be weighed against the public benefits of the proposal which are that it would make good use of under-utilised previously developed land in a highly sustainable location and provide a net gain of 8 no. dwellings, and a mix of such units, for which there is a strong unmet need in the District.

7.15. Core Strategy policy CS14 seeks to ensure that new development respects and enhances the character of the area in which it is proposed whilst making the best possible use of the land.

7.16. Local Plan policies ENV22, ENV23 and ENV24 set out the general development control criteria against which applications are assessed and require the scale, bulk and proportions of new development to be sympathetic to their surroundings.

7.17. The application site falls within the High Street, South Street and West Street Character Area as defined in the Dorking Built Up Areas Character Appraisal. Some of the characteristics of this area include: * Strong linear frontages with a consistent building line and clear hierarchy of grand and more modest buildings * Sequence of alleys and footpaths radiating from the main shopping streets * Strong sense of enclosure with buildings fronting the street and varied street views including glimpses of St Martins spire

7.18. The northern boundary of the site marks the transition with the Church Street Character Area. In this area, St Martins churchyard is described as being a ‘quiet, enclosed space dominated by the Grade II listed church’. There is a tendency in this part of the town for buildings to gradually step down in height and massing from the High Street towards the land to the rear. This is evident on the existing site and on land to the west and east of the application site and is a basic principle that any redevelopment proposal on this site should reflect.

7.19. The character of the area surrounding St Martins church is referred to in Section 6 of the Dorking Conservation Area Appraisal and Management Plan. When commenting on the buildings around the churchyard the Appraisal states: ‘Development enclosing the churchyard varies between two and four storeys. There is good enclosure with buildings to the west. The rear of the High Street to the south and St Martins Walk to the east, which is almost completely obscured by mature trees, are not as successful in addressing the churchyard space.’

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7.20. Policy DT13 of the Dorking Town Area Action Plan seeks to safeguard areas of green infrastructure within Dorking town. St Martins’ churchyard is designated as being part of Dorking’s green infrastructure. The policy requires that development adjoining these areas should not harm the site or its key role and characteristics.

7.21. At the time of submission of the scheme in 2017 (MO/2017/0439), the Council’s Historic Environment Officer made the following comments on the proposal: This is a very significant application for alterations to a highly prominent building within the Dorking Conservation Area heritage asset. The work will also have an impact on the setting of the adjacent Grade II* listed parish church of St. Martin. Legislation, policies and guidance says that the setting of these heritage assets should be a major consideration in the determination of development proposals. The NPPF says that harm to the heritage assets is unacceptable unless there are overriding public benefits to be gained. I believe that the principle of adding residential development to the rear of the current bank premises is appropriate in this case. The final design is ‘low key’ and respectful of the surroundings. It will be modern, but not aggressively so. It will not try to shout its presence amongst the other buildings visible for the churchyard. There is a precedent in English urban churchyards for them to be surrounded, and even overlooked by residential development. Many town and village churchyards have cottages or houses facing directly onto or overlooking them. The proposed residential development here follows that tradition. Also, the existing rear facing elevations of the bank premises are not attractive and so there is a good opportunity for enhancement, if quality materials and detailing are achieved. The proposed alterations to the side and front elevation of the bank, which are of more architectural interest, have also been carefully considered and so respect and retain the architectural interest. We have been in pre-app negotiation with the applicants over the submitted scheme for many months. Consequently, the form and design detail has evolved in line with our suggestions. I will not describe the scheme in detail here; suffice to say that I am now happy with the proposal, subject to the use of specific conditions to ensure that the quality of materials and detailing is the best that can be achieved for the sensitive site. The standard of the application, and the amount of research and thought that has gone into the accompanying reports and graphics, gives me confidence that the result will be a good scheme that enhances this part of the Dorking Conservation Area. I am certainly convinced that the scheme will not be ‘harmful’ to the setting of the heritage assets and so in my opinion it satisfies the requirements of legislation, policies’ guidance and the NPPF.

7.22. The current Historic Environment Officer has considered the relationship of the proposed building to the character of the Conservation Area and the setting of the listed St Martins Church and comments as follows: ‘I have no objection to this application, which is essentially a resubmission of a scheme which was approved in 2017 (MO/2017/0439). The 2017 scheme followed many months of discussion and negotiation with the HEO at that time, resulting in a development that was felt to respect the setting of the nearby Grade II* church, its yard and the character of this part of the conservation area. There have been no planning policy or guidance changes since then which would alter the conclusion that this well considered development will preserve the character of the conservation area and not harm the setting of nearby heritage assets. I suggest the same conditions that were applied in 2017, save for the wording of the condition concerning demolition, which should be as we discussed (by email) on

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the 9/4/2020 i.e. to account for the COVID-19 related constraints on undertaking site surveys at this time’

7.23. The proposed development steps down in height and massing towards the rear of the site and would respect the scale and massing of surrounding buildings. The building is also designed to incrementally step away from Church Walk to enable views of the church to gradually open up. The proposal respects the significance of the historic flint wall around the northern boundary and uses appropriate construction materials including slate, ashlar stone and local stock brickwork, all of which would be in keeping with the surrounding area.

7.24. The first floor of the units at the rear of the site are set back behind the flint wall and the roof form slopes away from the rear boundary in a similar manner to the converted barn to the east of the site. The massing of this element of the building is considered to be appropriate and would create a greater sense of enclosure to the churchyard whilst preserving the setting of the heritage assets. The roofscape of the building towards the rear of the site has been carefully designed to screen the modest areas of terracing.

7.25. It is intended to alter the upper floor of 99 High Street by raising the parapet by 1200mm and introducing an additional row of windows above the existing windows at first floor level. The scale and design of this element of the proposal is considered to be acceptable in terms of its relationship to the existing building and the character of the Conservation Area.

7.26. Overall, when assessed against the advice in the NPPF, it is considered that the proposal would result in less than substantial harm to the Conservation Area and the setting of the Grade II* listed St Martins Church. This level of harm is, however, outweighed by the public benefit associated with the more efficient use of under-utilised previously developed land in a highly sustainable town centre location and a net gain of 8 no. dwellings of varying size including 2 & 3 bedroom units, for which there is a strong unmet need in the District. In addition, it is considered that the scale, form and massing of the proposed development is acceptable in the site context and compliant with the advice set out in the NPPF and with Core Strategy policy CS14, Local Plan policies ENV22, ENV23 and ENV24 and policy DT13 of the Dorking Town Area Action Plan. Neighbouring Amenity

7.27. Local Plan policy ENV22 seeks to ensure that development does not significantly harm the amenities of neighbours by reason of overlooking, overshadowing or overpowering effect, noise or other adverse environmental impact.

7.28. The nearest neighbours to the proposed development are those in the apartments at No’s 81-83 High Street above and to the rear of Boots the Opticians, as well as No. 107 High Street at the rear of the site.

7.29. The applicants have undertaken a detailed study of the relative position of window openings between the new residential units and those to the flat to the rear of the opticians on the opposite side of Church Walk. This included an assessment of the use of the rooms that each window serves. This assessment is set out in the Design and Access Statement. In cases where it was considered there may be some scope for intervisibility between facing windows, the design incorporates sections of obscure glazing and/or timber louvres on the windows to prevent direct views and to protect the privacy of the existing and future occupants. It is considered that these measures would avoid any privacy and or intervisibility issues arising between the respective

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residential units. A condition is recommended to secure the installation of obscure glass and louvres where indicated on the submitted drawings.

7.30. No. 107 High Street is a modest ‘cottage’ located immediately east of the site facing towards the churchyard. It has a window on its gable end facing towards the application site. The plans show a small u-shaped roof terrace above the nearest proposed residential unit. The applicants have confirmed that this terrace would be screened from No. 107. Providing a suitable screen is erected on the eastern side of the terrace, it is considered that its relationship to No. 107 would be acceptable in amenity terms. A suitable condition to secure details of the screen is recommended.

7.31. The premises/properties on the opposite (southern) side of the High Street are sufficiently distant from the proposed residential units to avoid experiencing any significant harm to the amenity by way of overlooking.

7.32. In recognition of the proximity of the new residential units to the existing air conditioning units to the rear of Barclays Bank, the Head of Environmental Health recommends the submission of a noise report to secure details of noise levels from these and any other equipment to be installed on the site in order to avoid any noise disturbance to the occupiers of the new development. A suitable condition is set out below.

7.33. In summary, it is considered that the proposed development would not give rise to any significant harm to the amenity of the occupants of neighbouring properties and is therefore compliant with policy ENV22 of the Local Plan. Protected Species

7.34. The bat report submitted in support of the application has been considered by Surrey Wildlife Trust who have commented as follows: It is assumed there have been no changes to the building since the previous permission was granted in 2017, which would affect the suitability of the building to host Bat roosts. In the event that Bats, or evidence of, are found on site during works, all work must cease and the applicant must contact Natural England with regards to obtaining a licence to undertake the works.

7.35. Surrey Wildlife Trust also made comment on achieving biodiversity net gains on the site and referenced new or replacement planting and the installation of bird and bat boxes. However, this is a compact site in the town centre which does not currently contain any soft landscaping and has no scope to do so. Given its central location in the town, officers do not consider this to be a site where it is reasonable, from a planning perspective, to require biodiversity net gains. An informative is recommended drawing the applicant’s attention to the advice from Surrey Wildlife Trust in their letter dated 23/04/2020.

7.36. On the basis of the above, it is considered that the proposed development would not give rise to any harm to protected species. In this regard the proposal is considered to be compliant with policy ENV15 of the Local Plan and policy CS15 of the Core Strategy.. Parking and Highways

7.37. The site is located in the town centre and has no vehicular access. It is highly sustainable in terms of its proximity to the town’s shops, services and transport links. The development includes provision of 10 no. secure cycle spaces which accords with

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County Council cycle parking standards. Given the land-locked nature of the site and its sustainable location, it is considered that cycle parking provision is reasonable and acceptable in this case. The response from the County Highway Authority recommends a condition to secure the provision of the cycle storage area (already shown on the submitted plans). However, unlike their comments in relation to the 2017 application, they are not recommending a condition seeking details of a Construction Transport Method Statement CTMP. Given the location of the site on Dorking High Street and its relationship to St Martin’s Church at the northern end, officers still consider it appropriate to attach this condition and so it is set out in the recommendation below. Refuse

7.38. The application shows a bin store located adjacent to the main entrance to the building, off Church Walk at a distance of 20m from the High Street. Given the layout of the site it is not physically possible to position the store any nearer the High Street. Residents of the proposed new properties would need to present their bins for collection at the southern end of Church Walk on bin collection day. This was also the arrangement that was approved under the 2017 application.

7.39. Mole Valley Joint Waste Solutions were consulted on this application and have confirmed they have no comment to make. An informative is recommended to encourage the future residents to return their bins to the bin storage area by the end of the bin collection day. Archaeology

7.40. The site is located in an area of high archaeological potential. Saved Local Plan policy ENV49 requires the submission of an archaeological report as part of a planning application for developments within Areas of High Archaeological Potential.

7.41. The County Archaeology Department has considered the applicants’ archaeological assessment and has not raised any objections. A condition is recommended requiring the submission of a Written Scheme of Investigation to ensure that any heritage assets of archaeological significance that may be revealed during ground works are excavated and recorded. Renewables

7.42. Core Strategy policy CS19 is concerned with renewable energy and seeks to ensure that the total carbon emissions of any new development are reduced by a minimum of 10% as a result of the installation of renewable or low-carbon energy sources. A common means of responding to this policy is for developers to include solar panels within their scheme. However given the sensitive location of the site within the Conservation Area and adjacent to the listed St Martins Church, technology of that nature could, depending upon its location, be visually intrusive and have the potential to cause harm to the setting of the heritage assets.

7.43. With this in mind the applicants are proposing the installation of air source heat pumps on an area of roof that would be screened on all sides by a parapet. As such, the equipment would be set down within the roof and would have no implications for the visual appearance of the development or the setting of the wider area. The Council’s Sustainability Advisor has commented that the technology is acceptable and recommends the standard planning condition to seek further details. A condition is also recommended to secure details of noise from the units.

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CIL

7.44. Policy CS17 of the Core Strategy states that development should make provision for new infrastructure where necessary. However the Community Infrastructure Levy (CIL) has now been introduced, which places a mandatory charge on new residential and retail developments. The Council will publish an annual infrastructure list detailing the infrastructure projects or types of infrastructure which the Council intends will be or may be, wholly or partly funded by CIL.

7.45. This development is CIL liable and a CIL contribution of £49,968.62 would be collected from the development. However, this figure may be subject to an application for exemption. Conclusion

7.46. The principle of a residential development on this town centre site has already been established by the 2017 permission. There has been no significant shift in planning policy at either national or local level since that time to justify an alternative view being taken. The 2017 permission is still capable of being implemented and this is a strong material consideration. There is a need for consistency in decision-making. Consistency has been considered by the Courts as outlined below: Mann LJ in North Wiltshire District Council v Secretary of State for the Environment (1993) 65 P & CR 137: ‘One important reason why previous decisions are capable of being material is that like cases should be decided in a like manner so that there is consistency […]. Consistency is self-evidently important to both developers and development control authorities. But it is also important for the purpose of securing public confidence in the operation of the development control system.’ It would be inconsistent to now refuse the scheme as there has been no material change in planning policy in the intervening period since the 2017 scheme was approved. The proposal would provide 8 additional residential units in a sustainable town centre location and would make more efficient use of the land. The proposed development has been carefully designed to take account of the site’s sensitive location in the Conservation Area and near the listed St Martins Church. It is considered that the scale, height, massing and design of the proposed development would result in less than substantial harm to these heritage assets and that the harm would be outweighed by the public benefits associated with the scheme as set out above. In addition, the proposed development has been designed to take account of the relationship to the surrounding buildings and would avoid causing significant material harm to the amenity of the occupants of those neighbouring properties. There are no concerns regarding impact on protected species. Permission is therefore recommended.

8. Recommendation Permission be GRANTED subject to the following conditions:

1. The development hereby permitted shall be begun before the expiration of three years

from the date of this permission.

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Reason: To comply with Section 91(1) of the Town and Country Planning Act 1990 as amended by Section 51(1) of the Planning and Compulsory Purchase Act 2004.

2. The development hereby permitted shall be carried out and completed in all respects strictly in accordance with the submitted documents and plan number(s) 16-078-YZ(P)-001 RevA 'Location Plan', 16-078-AZ(P)-002 'Block Plan', 20013-BAR-XX-))-DR-A-1000 'Ground and Mezzanine Floor Plans - Demolition, 20013-BAR-XX-))-DR-A-2000 'First and Second Floor Plans - Demolition, 16-078-AG(P)-G01 RevD 'Proposed Ground Floor Plan', 16-0780AG(P)-101 RevB 'Proposed First Floor Plan', 16-078-AG(P)-201 RevB 'Proposed Second Floor Plan', 16-078-AG(P)-301 RevB 'Proposed Third Floor Plan', 16-078-AG(P) -R01 RevC 'Proposed Roof Plan', 16-078-AX(P)-001 RevC 'Proposed Sections', 16-078-AE(P)-001 RevC 'Proposed North and East Elevations' and 16-78-AE(P)-002 RevD 'Proposed South and West Elevations contained within the application and no variations shall take place. Reason: To accord with the terms of the submitted application and to ensure minimal impact on local amenity and the environment in accordance with Mole Valley Core Strategy policy CS14 and Mole Valley Local Plan policy ENV22.

3. Before any above ground works commence, details of the materials to be used in the construction of the external surfaces of the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: To ensure the development harmonises with its surroundings in accordance with Mole Valley Local Plan policy ENV22 and policy CS14 of the Mole Valley Core Strategy.

4. Prior to any above ground works commencing, details of all external joinery shall be submitted to and approved in writing by the Local Planning Authority including materials, method of opening and large scale drawings showing sections through mullions, transoms and glazing bars. Windows and door openings should have a reveal to be agreed. The development shall thereafter be implemented in accordance with the approved details. Reason To ensure that the development is in keeping with the character of the locality in accordance with Mole Valley Local Plan policy ENV22 and policy CS14 of the Mole Valley Core Strategy.

5. Before any above ground works commence, details of the guttering and rainwater goods shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be implemented in accordance with the approved details. Reason: To preserve the visual amenity of the area in accordance with Mole Valley Local Plan policy ENV22 and policy CS14 of the Mole Valley Core Strategy.

6. Before any above ground works commence, full details of all proposed extract flues, ventilation systems and meter boxes shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be implemented in accordance with the approved details.

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Reason To preserve the visual amenity of the area in accordance with Mole Valley Local Plan policy ENV22 and policy CS14 of the Mole Valley Core Strategy.

7. Before any above ground works commence, a trial panel of brickwork shall be completed for inspection and agreement in writing by a representative of the Local Planning Authority. The trial panel shall include proposed brick bond, mortar mix and pointing detail. Thereafter, the development shall be completed in accordance with the approved details. Reason: To preserve the visual amenity of the area in accordance with Mole Valley Local Plan policy ENV22 and policy CS14 of the Mole Valley Core Strategy.

8. No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved, in writing, by the Local Planning Authority. Reason: The Local Planning Authority is satisfied that it is fundamental to the development permitted to address this issue before development commences and that without this safeguard planning permission should not be granted, and the site covers a large surface area in which it is considered necessary to preserve as a record any archaeological information before it is destroyed by the development in accordance with Mole Valley Local Plan policy ENV50 and policy CS14 of the Mole Valley Core Strategy.

9. No development shall take place, including any works of demolition, until a Construction Transport Management Plan to include details of: a) the parking of vehicles of site personnel, operatives and visitors b) loading and unloading of plant and materials c) storage of plant and materials d) programme of works including measures for traffic management e) HGV deliveries and hours of operation has been submitted to and approved in writing by the Local Planning Authority. Only the approved details shall be implemented during the construction of the development. Reason: In the interests of neighbour amenity and to satisfy policy ENV22 of the Mole Valley Local Plan.

10. The development hereby approved shall not be first occuped unless and until the following facilities have been provided in accordance with the plans approved by the Local Planning Authroity for the secure parking of bicycles within the development site. Thereafter the said approved facilities shall be provided, retained and maintained to the satisfaction of the Local Planning Authority. Reason: The above condition is required in recognition of Section 9 'Promoting Sustainable Transport' in the National Planning Policy Framework 2019 and to satisfy Tranport and Development policy MOV2 of the Mole Valley Local Plan 2000.

11. Prior to commencement of development, details to reduce the carbon emissions of the predicted energy use of the development hereby permitted by at least 10% through the on-site installation and implementation of decentralised and renewable or low-carbon energy sources shall be submitted and approved by the Local Planning Authority and be implemented prior to the first occupation of the dwelling(s).

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Reason: The Local Planning Authority is satisfied that it is fundamental to the development permitted to address this issue before development commences and that without this safeguard planning permission should not be granted, and to optimise renewable energy and its conservation, in accordance with policy CS19 of the Mole Valley Core Strategy.

12. Prior to commencement of the development hereby granted, a scheme of works based initially on typical background noise levels in Dorking town centre (due to the current COVID-19 restrictions) shall be drawn up to protect the residential dwellings from noise arising from the adjoining commercial use as well as the operation of the proposed air source heat pumps and other environmental noise sources. The scheme shall have regard to the requirements of BS8233:2014 and shall include details of the specification of the air source heat pumps to be installed as renewable technology, as well as provision of appropriate alternative ventilation where appropriate. The scheme shall be submitted to and approved in writing by the local planning authority. This would enable a partial discharge of this condition. Following the relaxation of the COVID-19 restrictions on the movement of people, a scheme of works in line with the above, based on a detailed noise survey at the site, shall be submitted to and approved in writing by the local planning authority. The scheme as approved by the local planning authority shall be fully installed before the development is occupied. Reason: To protect the amenity of the local area and ensure a satisfactory environment for occupiers of the new development in accordance with Mole Valley Local Plan policy ENV22 and policy CS14 of the Mole Valley Core Strategy.

13. No piling shall take place until a Piling Method Statement detailing the depth and type of piling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to subsurface sewerage infrastructure, and the programme for the works) has been submitted to and approved in writing by the Local Planning Authority in consultation with Thames Water. Any piling must be undertaken in accordance with the terms of the approved Piling Method Statement. Reason: To protect the underground sewerage utility infrastructure and prevent pollution to groundwater and to satisfy policy ENV67 of the Mole Valley Local Plan.

14. Prior to the commencement of above ground works, large scale detailed drawings (at a scale to be agreed) showing the alterations to the front and side elevations of the retained bank buildings shall be submitted to and agreed in writing by the local planning authority and thereafter the work shall be undertaken strictly in accordance with the approved drawings. Reason: To ensure the development is in keeping with the character of the locality in accordance with Mole Valley Local Plan policy ENV22 and policy CS14 of the Core Strategy.

15. Prior to the commencement of the works a scheme for the recording of existing architectural and historic features affected by the works shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall thereafter be implemented as approved. Reason: The Local Planning Authority is satisfied that it is fundamental to the development permitted to address this issue before development commences and that without this safeguard planning permission should not be granted, and to record the

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architectural and historic fabric of the building in accordance with the advice of the National Planning Policy Framework.

16. Prior to the occupation of the development hereby approved, details of the size, design and position of any signage and external lighting relating to the residential development shall be submitted to and approved in writing by the local planning authority. Thereafter the work shall be carried out in strictly in accordance with the approved details. Reason: To preserve the visual amenity of the area in accordance with Mole Valley Local Plan policy ENV22 and policy CS14 of the Mole Valley Core Strategy.

17. Prior to the commencement of any above ground works, details of the design and height of a screen on the eastern side of the roof terrace nearest No. 107 High Street shall be submitted to and approved in writing by the local planning authority. Thereafter the screen shall be erected and retained in accordance with the approved details. Reason: To protect the amenity and privacy of adjoining residential properties in accordance with policy ENV22 of the Mole Valley Local Plan.

18. Prior to the commencement of development including demolition works, a method statement based on a desk-based assessment (due to the current COVID-19 restrictions) of how the works will be undertaken without causing significant material harm to the historic integrity of the flint wall that wraps around the rear boundary of the site, shall be submitted to and approved in writing by the Local Planning Authority. This would enable a partial discharge of this condition. Thereafter, following the relaxation of the COVID-19 restrictions on the movement of people, a detailed method statement of the above works, based on site surveys, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the works shall be carrried out in accordance with the final approved details. Reason: To preserve the visual amenity of the area in accordance with Mole Valley Local Plan policy ENV22 and policy CS14 of the Mole Valley Core Strategy.

19. Prior to first occupation, the windows in the west elevation (facing Church Walk) of the development hereby permitted shall be glazed in obscured glass in line with the details shown on the approved west elevation drawing 16-078-AE(P)-002 RevD and permanently retained in that condition thereafter. Reason To protect the amenities and privacy of adjoining residential properties in accordance with Mole Valley Local Plan policy ENV22.

Informatives 1. The applicant's attention is drawn to the advice set out in the letter from Surrey Wildlife

Trust dated 23 April 2020. 2. The applicants are reminded that the occupants of the new residential units will be

required to present their bins to Church Walk on bin collection day and to return them to their dedicated bin store following collection.

3. Notwithstanding any permission granted under the Planning Acts, no signs, devices or other apparatus may be erected within the limits of the highway without the express approval of the Highway Authority. It is not the policy of the Highway Authority to approve the erection of signs or other devices of a non-statutory nature within the limits of the highway.

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4. The permission hereby granted shall not be construed as authority to obstruct the public highway by the erection of scaffolding, hoarding or any other device or apparatus for which a licence must be sought from the Highway Authority Local Highways Service.

5. The developer is reminded that it is an offence to allow materials to be carried from the site and deposited on or damage the highway from uncleaned wheels or badly loaded vehicles. The Highway Authority will seek, wherever possible, to recover any expenses incurred in clearing, cleaning or repairing highway surfaces and prosecutes persistent offenders. (Highways Act 1980 Sections 131, 148, 149).

6. Section 59 of the Highways Act permits the Highway Authority to charge developers for damage caused by excessive weight and movements of vehicles to and from a site. The Highway Authority will pass on the cost of any excess repairs compared to normal maintenance costs to the applicant/organisation responsible for the damage.

7. The applicants are encouraged to ensure that Church Walk remains open and safe for pedestrians during construction.