The decision on whether to take enforcement action falls outside the scope of delegated powers.

Transcription

1 5k 16/0031 Reg d: Expires: Ward: Nei BVPI Full Number of 11/8 On Con. 6 Target Weeks on Target? Exp: Cttee Day: GE No LOCATION: PROPOSAL: TYPE: Phillips Court, 32 Goldsworth Road, Woking, Surrey, GU21 6JT Use of the existing site as a public car park for a temporary period of up to 18 months (Retrospective). FULL APPLICANT: Prime Place Developments LTD OFFICER: Barry Curran REASON FOR REFERAL TO COMMITTEE The decision on whether to take enforcement action falls outside the scope of delegated powers. SUMMARY OF PROPOSED DEVELOPMENT Retrospective planning consent is sought for the continued use of the site as a public car park for a period of up to 18 months. PLANNING STATUS Urban Area Thames Basin Heaths SPA Zone (400M 5KM) RECOMMENDATION That planning permission be REFUSED and authorise formal enforcement proceedings. SITE DESCRIPTION The application site is located on the southern side of Goldsworth Road in a mixed use area of commercial and residential developments. The application site hosts a four storey brick built commercial building which currently lies vacant. To the rear of the site are car parking facilities with additional car parking spaces located in the basement of the building. The site is bound by the railway running north-east to south-west along the rear boundary with the Woking Fire Station site located to the West and Railway Athletic Club located to the East and accessed via the application site. Under UA16 of the Woking local Development Document Site Allocations, the application site is allocated for mixed use comprising of residential, office and retail development. PLANNING HISTORY Extensive history, most relevant: 212

2 EIA Screening Opinion has been adopted in relation to a comprehensive redevelopment of the site to provide up to 650 dwellings, 15,000 sq m of office space, 1,000 sq m of retail/community space and 450 car parking spaces. DC 85/ ERECTION OF 2 AND 4 STOREY BUILDINGS AND ASSOCIATED CAR PARKING AMENDEMENT TO CONSENT 84/0776 F.D.A. Permitted DC 84/ ERECTION OF A 2 AND 4 STOREY BUILDING AND ASSOCIATED CAR PARKING Permitted PROPOSED DEVELOPMENT Retrospective temporary planning consent is sought for the use of the existing private car park as a public car park for a period not exceeding 18 months. CONSULTATIONS Highway Authority: suggests that the proposed development fails to adhere to CS18 of the Woking Core Strategy 2012 and the overall presumption of sustainability of the Strategy. Recommends that permission is refused and the Local Planning Authority enforce against the use of the land for a public car park ( ) Planning Policy: advises on a number of policies and written statements which need to be taken into account ( ) REPRESENTATIONS None received RELEVANT PLANNING POLICIES National Planning Policy Framework 2012 Section 4 Promoting sustainable transport Core Strategy Publication Document 2012 CS2 Woking Town Centre CS18 Transport and accessibility Supplementary Planning Guidance Parking Standards 2006 Woking Local Development Documents Site Allocations Woking Borough Council - Community Infrastructure Levy Charging Schedule Government Planning Update Written Statement HCWS

3 PLANNING ISSUES 1. The main planning issues that need to be addressed in the determination of this application are; the principle of development and the impact on highway safety. Principle of Development 2. The application site is located within a major employment area within the Woking Town centre. It has been identified as an office building which has been vacant for almost 2 years with an underused private car park to the rear bound by the adjacent railway, proposed Woking fire station site to the West and working mens club to the East. The proposal seeks to utilise the existing car parking provisions including the basement as a public car park for a temporary period of up to 18 months. There are no material changes proposed to the layout although installation of pay metres and a barrier is outlined as part of this application. The layout includes 131 car parking spaces in total, however, currently given the extent of works being carried out on the adjacent fire station site and other subsidiary works, a number of these spaces are not readily available for use. 3. Sustainability is at the heart of the Woking Core Strategy 2012 which seeks to encourage sustainable transport choices, manage the location of developments and provide an integrated transport network to influence a shift to non-car modes. Woking Town Centre benefits from a range of sustainable transport modes such as rail, public transport and cycle routes as well as being readily accessible and within walking distance to a number of residential areas. Paragraph of Policy CS18 of the Core Strategy emphasises the importance of balancing a suitable level of parking for a given land use (e.g. to avoid congestion and negative effects on highway safety), with objectives to encourage the use of sustainable transport. Policy CS18 also notes that if necessary, the Council will consider managing the demand and supply of parking in order to control congestion and encourage the use of sustainable transport. The proposed development to supply a public car park for a temporary period of up to 18 months is unplanned, does not form part of a wider transport strategy and is not considered to adhere to Policy CS18. Increasing availability of parking provision within the town centre in an unplanned way would further encourage the use of the private car and put increased pressure on the road network contributing to exacerbated levels of congestion on the roads and increased flow of traffic to and from the town centre. This is considered to undermine the core objective of CS18 of the Core Strategy of facilitating the movement of people between sustainable modes of transport. 4. It is acknowledged that a similar temporary planning permission for a car park was granted under PLAN/2015/0111 along Chertsey Road. Justification for this temporary car park, however, was well founded in that it provided substantially fewer spaces of 22 in comparison to the 131 car parking spaces proposed under this application. The distinction between these two separate sites and the cumulative impacts associated with both is considerable given the level of traffic flow. The level of parking proposed under this application would encourage private car trips to the town centre with the knowledge of an ease of access to parking spaces in a town centre location. Further to this, the report noted that the temporary car park at Chertsey Road would not undermine the long term aspirations of CS1 and CS2 of the Woking Core 214

4 Strategy However, given the number of car parking spaces and piecemeal nature, the proposed temporary car park at Goldsworth Road, would be contrary to CS18 of the Woking Core Strategy 2012 undermining the presumption of sustainability at the heart of the Core Staretgy. 5. A similar proposal for the use of land at Victoria Way as a temporary car park was the subject to an enforcement case (ENF/2009/00574) and was subsequently dismissed at appeal in December 2009 (APP/A3655/C/09/ ) with the inspector concluding that the use of the land as a car park undermined the transport strategy for the area and would have an unacceptable harmful impact on existing conditions of highway safety. The Transport Strategies in place at the time were reflected in planning policies of the Development plan comprising of the South East Plan and the Woking Borough Local Plan. These policies have since been superseded with the NPPF, the Woking Core Strategy 2012 as well as a number of Supplementary Planning Documents in place now. Whilst it is acknowledged that these strategies and policies have since been replaced, the County Highway Authority has advised that the transport strategy elements remain relevant in that the thrust of sustainable transport policy affecting town centre development has not substantially changed. 6. Sustainable development is at the heart of the National Planning Policy Framework where it notes in paragraph 34 that plans and decisions should ensure that developments that generate significant movements are located where the need to travel will be minimised and the use of sustainable transport modes can be maximised. Woking Town Centre is fortunate to benefit from a range of sustainable transport modes including rail, cycle and bus routes all providing ease of access to the town centre. The NPPF goes on to encourage opportunities for the use of sustainable transport modes for the movement of goods and people. The temporary use of this car park would be directly contrary to these provisions in that allowing an adhoc, stand alone form of development, which encourages an unsustainable form of transport, would lead to increased traffic congestion and tip the balance against sustainable transport. In the absence of a Transport Statement it has not been adequately demonstrated that the wider impacts of the development would be acceptable. 7. The application site is currently lying vacant and has been so for almost 2 years. The site previously formed a significant B1 office use within the town centre with the car park utilised for employees. The car park was used as part of a planned development in association with the building and not as a separate singular development. Should planning permission be granted for this temporary use as a public car park any further argument that the Local Planning Authority may make against similar proposals for parking use on vacant sites within the town centre may be undermined or weakened. The Council s Supplementary Planning Document Parking Standards 2006 includes two direct objectives which seek to reduce the use of the private car in new developments. Objective A of the SPD seeks to control the supply of parking in new developments in order to support travel without using a car and Objective D pursues the reduction levels of car parking in new developments within the High Accessibility Zone to reflect the higher level of accessibility by choice of means of transport. These objectives would be diluted if the proposal were allowed providing a readily accessible and increased provision of parking spaces with no associated built development. The applicant has not supported the proposal with any detailed justification 215

5 and the proposal is a stand alone one which does not form part of a wider strategy for the town centre. 8. Supporting information from the applicant has been received addressing a number of points raised by the County Highways Authority. The comments raised in this letter point towards a previous scheme approved by the Local Planning Authority under PLAN/2015/0111 but as pointed out in a previous paragraph, the merits of both schemes differently significantly. It goes on to make reference to the pricing strategy of the proposed public car park undercutting the prevailing rate of Woking Town Centre car parks. It should be noted, for the avoidance of doubt, that the pricing strategy of car parks is not considered a material planning issue and holds no bearing in the determination of this application. 9. From the points raised above, it is considered that the use of this car park would encourage the use of the private car to the town centre. While the use of the car is the primary mode of transport, CS18 seeks to encourage more sustainable modes such as public transport, cycling and the train which Woking Town Centre is adequately served by. The Highway Authority has been consulted on this application and also raise objection to the proposed public car park noting that the development fails to comply with CS18 and the overall sustainability objective of the National Planning Policy Framework and recommends that the LPA refuse the application and enforce against the use of the land for a public car park. In the absence of appropriate justification or being part of a wider strategy for the town centre, the proposal fails to adhere to and would moreover undermine a key objective of Policy CS18 of the Woking Core Strategy Impact on Highway Safety 10. The application site is a B1 use with associated parking facilities towards the rear of the site and at basement level. The access to the site would remain as existing along Goldsworth Road, a two way highway with an ingress point from the arterial Victoria Way. The access point would remain unchanged. 11. The Highway Authority has not objected on highways safety issues as a result of the change of use. Impact on Residential Amenity 12. The application site is located along a section of Goldsworth Road which is within the defined Town Centre with a mix of uses including commercial, retail and residential flats. There are no physical changes proposed under this application with the site being lawfully used as an ancillary car park up until 2 years ago. Given this, it is not considered that the proposal would infringe on the amenities of surrounding neighbours. Local Finance Consideration 13. The Council introduced the Community Infrastructure Levy (CIL) on 1 st April In Woking CIL charges are liable on all residential and retail development that results in a net floorspace gain of 100sqm or more. The proposed development is for change of use to a public car park and thus 216

6 would not be liable for a financial contribution under Community Infrastructure Levy. Conclusion 14. The main body of this report assesses the proposed development against current policies in place in the form of the Woking Local Development Document Woking Core Strategy 2012 and the Council s Supplementary Planning Document Parking Standards The development is found to undermine this policy and SPD and the overall sustainability objectives of the Core Strategy. The introduction of an additional public car park which does not form part of a comprehensive transport strategy for the town without any detailed justification is likely to encourage the use of the private car increasing traffic flows and congestion which is in direct contrary to Policy CS18 and the SPD. 15. For the reasons outlined above, it is considered that the proposed public car park would represent unacceptable development contrary to the objective of sustainability at the heart of the National Planning Policy Framework, CS18 of the Woking Core Strategy 2012 and Supplementary Planning Document Parking Standards 2006 and is recommended for refusal and enforcement action to cease the use of the site as a public car park and remove pay and display ticket machines and all signage and other paraphernalia relating to the use of the land as a car park. BACKGROUND PAPERS Site visit photographs Highway Authority response ( ) Planning Policy response ( ) RECOMMENDATION It is recommended that planning permission be refused for the following reason:- 1. The use of the site as a public car park would encourage the use of the private car as a means of transport to the Woking Town Centre in place of more sustainable modes of transport leading to increased road traffic congestion and undermining the presumption of sustainable development at the heart of the National Planning Policy Framework and the Woking Core Strategy The development would be directly contrary to provisions outlined in Section 4 of the National Planning Policy Framework and CS18 of the Woking Core Strategy It is further recommended that: a) Enforcement action be authorised to remedy the breach of planning control by ceasing use of the site as a public car park and removal of the pay and display ticket machines and all signage and other paraphernalia 217

7 Informatives: relating to the use of the land as a car park. This is to be completed within two months of the issue of the Enforcement Notice. b) The Committee authorise the instigation of legal proceedings pursuant to Section 179 of the Town and Country Planning Act 1990 in the event of non-compliance with the Notice. 1. The Council confirms that in assessing this planning application it has worked with the applicant in a positive and proactive way, in line with the requirements of paragraph of the National Planning Policy Framework This includes providing pre-application advice that the proposal was unlikely to be considered favourably. 2. The plan relating to the development hereby refused are numbered / titled: Drawing No. Z(SK) P-39 Received by the Local Planning Authority on