19/P/00566 – Sherwood, Ockham Road South, East Horsley 1

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App No: 19/P/00566 8 Wk Deadline: 31/07/2019Appn Type: Full ApplicationCase Officer: Jo TraskParish: East Horsley Ward: Clandon & HorsleyAgent : Applicant: Mr N Jarvis

Javlin Homes LtdHazel HouseOak Grange RoadWest ClandonGU4 7TZ

Location: Sherwood, Ockham Road South, East Horsley, Leatherhead,KT24 6QJ

Proposal: Erection of a pair of semi detached houses following demolition ofdetached bungalow.

Executive Summary

Reason for referral

This application has been referred to the Planning Committee because more than 20 letters ofobjection have been received, contrary to the Officer's recommendation.

Key informationThe site is inset from the Green Belt.

The proposed development is for a pair of two storey semi detached dwellings withaccommodation in the roof space, following the demolition of the existing bungalow and detachedgarage.

Each dwelling will comprise four bedroomsPrivate outdoor amenity space will be afforded to each dwelling Two parking spaces will be provided off street per dwellingThe existing vehicular access will be retained in addition to the creation of one new vehicularaccess point

Proposed dimensions:Height: 8.6mEaves height: 5.1mDepth 10.2m (at two storey height)Single storey rear projection of 5.3m (includes roof overhang)Width: 12.8m

Parking: 2 spaces per dwellingGarden depth in excess of 25m

Summary of considerations and constraints

The principle of development is acceptable.

The proposal would result in a net increase of one dwelling which adds some favour in weight ofthe application. The type of development would reflect the surrounding mix of residential units.

The proposed building would reflect the scale of neighbouring building heights and would be ofan acceptable design with materials to be conditioned. No unacceptable harm to the character isidentified.

No unacceptable harm to residential amenity has been identified.

No adverse impact has been identified regarding highways safety or capacity. Sufficient offstreet parking is provided for each dwelling.

A S106 agreement is required to secure a SANG contribution and an Access Managementcontribution in accordance with the updated tariffs set in the Guildford Borough Council ThamesBasin Heath Special Protection Area Avoidance Strategy 2017 to avoid any adverse impact. Theapplicant has agreed to enter into the required S106 agreement.

The application is recommended for approval.

RECOMMENDATION:(i) That a S106 agreement be entered into to secure:

A SANGS contribution and an Access Management and Monitoring Contributionin accordance with the adopted tariff of the SPA Avoidance Strategy to mitigateagainst the impact on the Thames Basin Heaths Special Protection Area

(ii) That upon completion of (i) above, the application be determined by theDirector of Planning and Regeneration. The preliminary view is that theapplication should be granted subject to conditions.

Approve - subject to the following condition(s) and reason(s) :-

1. The development hereby permitted shall be begun before the expiration of threeyears from the date of this permission.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990as amended by Section 51(1) of the Planning and Compulsory Purchase Act2004.

2. The development hereby permitted shall be carried out in accordance with thefollowing approved plans: 0262/P/02 Ground floor plan, 0262/P/03 1st and 2ndfloor plans, 0262/P/04 proposed elevations front and side, 0262/P/05 proposedelevations side and rear, 0262/P/06 Streetscene, 0262/P/07 Survey,1234-KC-XX-YTREE-TCP01 REV 0 Tree constraints and Tree protection plans,location plan received on 28 March 2019, 0262/P/02A proposed ground floorplan and 0262/P/03A 1st and 2nd floor plan received 9 May 2019, 0262/P/01CSite and location plan, received 11 June 2019.

Reason: To ensure that the development is carried out in accordance with theapproved plans and in the interests of proper planning.

3. No development shall take place until details and samples of the proposedexternal facing and roofing materials including colour and finish have beensubmitted to and approved in writing by the local planning authority. Thedevelopment shall be carried out in accordance with the approved details andsamples.

Reason: To ensure that the external appearance of the building is satisfactory.This pre commencement condition goes to the heart of the planning permission.

4. The windows in the first floor side elevations and above of the developmenthereby approved shall be glazed with obscure glass and permanently fixed shut,unless the parts of the window/s which can be opened are more than 1.7 metresabove the floor of the room in which the window is installed and shall thereafterbe permanently retained as such.

Reason: In the interests of residential amenity and privacy.

5. Prior to the commencement of development, an energy statement shall besubmitted to and approved in writing by the Local Planning Authority. This shallinclude details of how energy efficiency is being addressed, includingbenchmark data and identifying the Target carbon Emissions Rate TER for thesite or the development as per Building Regulation requirements (for types ofdevelopment where there is no TER in Building Regulations, predicted energyusage for that type of development should be used) and how a minimum of 20per cent reduction in carbon emissions against the TER or predicted energyusage through the use of on site low and zero carbon technology shall beachieved. The approved details shall be implemented prior to the firstoccupation of the development and retained as operational thereafter.

Reason: To reduce carbon emissions and incorporate sustainable energy inaccordance with the Council’s Sustainable Design and Construction SPD 2011.This pre commencement condition goes to the heart of the planning permission.

6. The development hereby permitted must comply with regulation 36 paragraph2(b) of the Building Regulations 2010 (as amended) to achieve a waterefficiency of 110 litres per occupant per day (described in part G2 of theApproved Documents 2015). Before occupation, a copy of the wholesome waterconsumption calculation notice (described at regulation 37 (1) of the BuildingRegulations 2010 (as amended)) shall be provided to the planning departmentto demonstrate that this condition has been met.

Reason: To improve water efficiency in accordance with the Council'sSupplementary Planning Guidance 'Sustainable Design and Construction' 2011.

7. The development hereby approved shall not be first occupied until the proposedvehicular access to Ockham Road South has been constructed in accordancewith the approved plans Drawing No. 0262/P/01, and thereafter shall bepermanently maintained.

Reason: In order that the development should not prejudice highway safety norcause inconvenience to other highway users.

8. The development hereby approved shall not be first occupied unless and untilspace has been laid out within the site in accordance with the approved plans,Drawing No. 0262/P/01, for vehicles to be parked and for vehicles to turn so thatthey may enter and leave the site in forward gear. Thereafter the parking andturning areas shall be retained and maintained for their designated purposes.

Reason: In order that the development should not prejudice highway safety norcause inconvenience to other highway users.

9. The development hereby approved shall not be occupied unless and until eachof the proposed dwellings are provided with a fast charge socket (currentminimum requirements - 7 kw Mode 3 with Type 2 connector - 230v AC 32 Ampsingle phase dedicated supply) in accordance with a scheme to be submittedand approved in writing by the Local Planing Authority and thereafter retainedand maintained to the satisfaction of the Local Planning Authority.

Reason: To encourage the use of electric cars in order to reduce carbonemissions.

10. No development shall commence until:

A site meeting has taken place where a representative from the Local PlanningAuthority has inspected and approved the protective fencing. The fencing shallbe in accordance with the submitted Tree Protection Plan and as per thecurrent recommendations within the British Standard BS5837:2012 'Trees inrelation to design, demolition and construction. Once approved no access byvehicles, storage or use of machinery, equipment or materials shall take placewithin the fenced area. The fencing shall be retained in its approved form for theduration of the work.

Reason: To retain and protect the existing trees which form an important part ofthe amenity of the locality.

Informatives:1. If you need any advice regarding Building Regulations please do not hesitate to

contact Guildford Borough Council Building Control on 01483 444545 orbuildingcontrol@guildford.gov.uk

2. This statement is provided in accordance with Article 35(2) of the Town andCountry Planning (Development Management Procedure) (England) Order 2015.Guildford Borough Council seek to take a positive and proactive approach todevelopment proposals. We work with applicants in a positive and proactivemanner by:

Offering a pre application advice serviceWhere pre-application advice has been sought and that advice has beenfollowed we will advise applicants/agents of any further issues arising duringthe course of the applicationWhere possible officers will seek minor amendments to overcome issues

identified at an early stage in the application process

However, Guildford Borough Council will generally not engage in unnecessarynegotiation for fundamentally unacceptable proposals or where significantchanges to an application is required.

Pre-application advice was not sought prior to submission and the application wasacceptable as submitted

3. Environmental Health Officers recommend controls on times to carry out worksdue to the potential noise nuisance from construction site activities. Demolition andconstruction work on site should be carried out within the following times:-a) Mon - Fri working only between 08.00 hours and 18.00 hours.b) Saturday working only between 08.00 hours and 13.00 hours.c) No work to take place on Sundays or Bank Holidays

4. The permission hereby granted shall not be construed as authority to carry out anyworks on the highway. The applicant is advised that prior approval must beobtained from the Highway Authority before any works are carried out on anyfootway, footpath, carriageway, or verge to forma vehicle crossover or to install dropped kerbs. Please seewww.surreycc.gov.uk/roads-and-transport/road-permits-and-licences/vehicle-crossovers-or-dropped-kerbs.

5. It is the responsibility of the developer to ensure that the electricity supply issufficient to meet future demands and that any power balancing technology is inplace if required.Please refer to:http://www.beama.org.uk/resourceLibrary/beama-guide-to-electric-vehicle-infrastructure.htmlfor guidance and further information on charging modes and connector types.

Officer's Report

Site description.The site is located on the west side of Ockham Road South. The site is inset from the GreenBelt. The site currently comprises a single storey bungalow with a detached garage.

The rear part of the site lies within flood zone 2 and 3. The majority of the site outlined in red lieswithin flood zone 1. The site gently slopes from east to west.

The site lies within 400m to 5km of the Thames Basin Heaths Special Protection Area.

Proposal.

Erection of a pair of semi detached houses following demolition of detached bungalow.

Relevant planning history.

No relevant planning history

Consultations.

Statutory consulteesCounty Highway Authority: The proposed development has been considered by the CountyHighway Authority who having assessed the application on safety, capacity and policy groundsrecommends conditions regarding: vehicular access, parking and turning of vehicles, fast chargesocket.

Internal consulteesHead of Environmental Health and Licensing: No objection in principle, recommend a conditionregarding the following is attached to any permission granted: noise and construction impactsand an hours of work informative.

East Horsley Parish CouncilObject for the following reasons:

Over developmentExcessive scale, height and bulkContrary to EH-E7(a) of the East Horsley Neighbourhood PlanImpact on adjacent properties - height and depth will be overbearing in particular toWoodcote

Third party comments:

23 letters of representation have been received raising the following objections and concerns:contrary to Neighbourhood Plan policy EH-H2 which encourages bungalows (case officernote: this policy does not prevent the demolition of bungalows. It encourages bungalows as abuilding type within developments on sites of more than 20 dwellings. The threshold is notreached in this application)loss of a bungalowunduly large and out of keepingridge height much higherover developmentfront building line extends beyond neighbour Woodcoteproximity to side boundariesloss of privacynoise due to location of main entrance on side elevationloss of sunlight and daylightloss of view (case officer note: right to a view is not a material planning consideration)Woodcote had to be stepped in from rear the same should be required of this application(case officer note: the neighbours application would have been assessed based on its impacton the existing development at the time of making the decision, the proposal the subject ofthis application will be assessed based on its impact on the existing neighbouringdevelopment at the present time)highway safety concernssets precedent

1 letter of support has been received outlining the following positive comments:no objection to demolition of existing bungalow and construction of a pair of semi detachedhouses.would like confirmation that a 1.8m close boarded fence will be erected and suitable plantingalong boundary facing Old Pilgram Court to provide a visual screen.seek confirmation that any damage to boundary fencing or planting along boundary with OldPilgram Court will be remedied.

Planning policies.

National Planning Policy Framework (NPPF):Chapter 11: Making effective use of landChapter 12: Achieving well designed placesChapter 15: Conserving and enhancing the natural environment

South East Plan 2009:NRM6 Thames Basin Heath Special Protection Area

Guildford Borough Local Plan: Strategy and sites 2019 (LPSS)

The Guildford Borough Local Plan: Strategy and Sites was adopted by Council on 25 April 2019.The Plan carries full weight as part of the Council’s Development Plan. The Local Plan 2003policies that are not superseded are retained and continue to form part of the Development Plan(see Appendix 8 of the Local Plan: strategy and sites for superseded Local Plan 2003 policies).

As a recently adopted plan and in accordance with paragraph 74 of the NPPF, the Council is ableto demonstrate a five year housing land supply with an appropriate buffer. This supply isassessed as 5.93 years based on most recent evidence and referred to in the Local PlanInspector’s Report at paragraph 45. In addition to this, the Government’s recently publishedHousing Delivery Test indicates that Guildford’s 2018 measurement is 75%. For the purposes ofNPPF footnote 7, this is therefore greater than the threshold set out in paragraph 215 (25%).Therefore, the Plan and its policies are regarded as up-to-date in terms of paragraph 11 of theNPPF.

The following policies are relevant:

Policy H1: Homes for allPolicy P4: Flooding, flood risk and groundwater protection zonesPolicy P5: Thames Basin Heaths Special Protection AreaPolicy D1: Place shapingPolicy D2: Climate Change, sustainable design, construction and energy

Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007): G1 General Standards of DevelopmentG5 Design CodeNE4 Species Protection

Neighbourhood Plans:East Horsley Neighbourhood Plan 2017-2033The following policies are relevant:EH-EN5: FloodingEH-H2: BungalowsEH:H7: East Horsley Design CodeEH:H8: Residential Infilling

Supplementary planning documents:Residential Design SPG 2004Sustainable Design and Construction SPD 2011Vehicle Parking Standards SPD 2006Thames basin Heaths Special Protection Area Avoidance Strategy 2017Planning contributions SPD 2011

Planning considerations.

The main planning considerations in this case are:

the principle of developmentthe impact on the scale and character of the areathe impact on neighbouring amenityliving environmentloss of a bungalowflood riskhighway/parkingimpact on trees and vegetationsustainabilityThames Basin Heaths Special Protection Area and Appropriate Assessmentlegal agreement requirements

The principle of development

The NPPF sets out the government's aim to significantly boost the supply of housing withhousing applications considered in the context of the presumption in favour of sustainabledevelopment. Para 68 of the NPPF: 'Small and medium sized sites can make an importantcontribution to meeting the housing requirement of an area, and are often built-out relativelyquickly. To promote the development of a good mix of sites local planning authoritiesshould...support the development of windfall sites through their policies and decisions - givinggreat weight to the benefits of using suitable sites within existing settlements for homes'

The Council following the adoption of the LPSS 2019 is able to demonstrate a 5 year housingland supply.

Policy H1 of the LPSS 2019 states that new residential development is required to deliver a widechoice of homes to meet a range of accommodation needs as set out in the latest StrategicHousing Market Assessment. New Development should provide a mix of housing tenures, typesand sizes appropriate to the site size, characteristics and location.

The proposal would retain space to both side boundaries, off street parking, in addition toamenity space commensurate with the surrounding properties would be provided.

The site has been inset from the Green Belt, the principle of residential development isacceptable subject to considerations below.

Impact on the scale and character of the area

The application site comprises a detached bungalow with detached garage set to the side/rear. Itis located between a two storey detached house to the north and a two storey building containingflats to the south. The existing garage is set on the southern boundary with Old Pilgram Court.The current frontage is, in the main, laid to tarmac.

The proposed building will take on the appearance of a two storey dwelling with an in out accessonto Ockham Road South. The building has been sited roughly centrally between the sideboundaries, observing 1.5-1.3m to the north boundary, and 1.0- 2.3m to the south boundary (dueto the splay of the boundary). Adequate separation is provided to both side boundaries. Eachdwelling will benefit from sufficient amenity space with garden depths between 25-29m.

The area is characterised by a mix of properties, which include flats, semi detached anddetached houses. A short distance to the north lies the terraced east Horsley shopping parade.Property widths and heights are varied within the immediate locality, rising from single storey tothree storeys in height.

The proposal in seeking to demolish the existing single storey building and its replacement with apair of two storey dwellings with roof accommodation would result in development greater inheight, width and footprint. The current building forms more of an anomaly within the existingfrontage as shown in the existing streetscene drawing.

The submitted drawings comprising the proposed street scene identify the proposed ridge heightas being greater than that of the immediate neighbour Woodcote (by approximately 0.7m) and ofsimilar height to Wilkie Cottages further to the north. When compared to Old Pilgram Court tothe south the proposal will be no greater in height. Furthermore the eaves height of the proposedbuilding will be in line with that of the adjacent Old Pilgram Court. The proposed height would beof an commensurate scale to the surrounding development, and would not result in an overlydominant presence within the street scene.

With regard to building lines, a staggered building line is observed between Wilkie Cottages tothe north and The Old Rectory to the south. The proposal itself would project marginally beyondthe front building line of the existing bungalow at its forwardmost point. When compared againstWoodcote the building line would be forward of this neighbour with regard to the two storey baywindow projecting beyond the neighbour's single storey single storey front extension. A uniformbuilding line is not observed within the immediate locality. The proposal in being set marginallyforward of its immediate neighbour Woodcote, and in maintaining a forward projection of OldPilgram Court would not result in identified harm to the character of the area.

The second floor accommodation would be observed from the rear elevation and would not, (dueto its containment within the roof space), be overtly apparent within the street scene. This saidThe Old Rectory to the south is full three storeys in height. On this basis the two and a halfstorey scale could not be said to give rise to harm to the character of the area.

In considering the application against policy EH-H7(a) of the East Horsley Neighbourhood Plan(EHNP) the proposal would incorporate a hipped roof with gable detailing and bays as foundwithin the locality. Materials can be conditioned to ensure the development is in keeping with theestablished character of East Horsley. Whilst the development in containing roof accommodationis more than two storeys in height in actual terms the development would be no greater in heightthan the two storey development at Old Pilgram Court and Wilkie Cottages. The physicalappearance of the development when viewed from Ockham Road South would be one of twostoreys in height. Bin storage can be accommodated within the rear curtilage of each dwelling.Sufficient off street parking would be provided for each dwelling. No garaging is proposed. Onthis basis the development complies with Policy Eh-H7(a) of the EHNP.

In terms of materials it is reasonable for these to be the subject of a condition to ensure thedevelopment is in keeping with the surrounding palate of materials.

A small area of flat roof is shown centrally within the roof form to limit the building height whilstenabling second floor accommodation. This forms a comparatively small area in relation to thetotal roof form and would not be visible within the street scene, No harm would arise to thecharacter of the area.

The proposed height, width and scale would not result in a form of development that is out ofcharacter with the immediate surroundings. The proposal is compliant with policy D1 of LPSS2019.

Impact on neighbouring amenity

WoodcoteThe application site lies directly to the south of the neighbouring property. The proposal wouldresult in development of a greater height and within closer proximity to the common boundarythan the existing dwelling (to be demolished). The proposal would observe a minimum of 1.4m tothe common boundary, with the exception of the open sided porch serving the principle entrance.

The building would project beyond the staggered rear building line of Woodcote. This said thetwo storey element would not project beyond the rearmost two storey element of Woodcote. Inassessing the impact of the proposal on the immediate neighbour in terms of light to habitablewindows, the applicant has provided drawings annotating that the proposed two storey elementwould not breach within 45 degrees of the first floor rear window closest to the boundary. Inassessing the ground floor projection this would also observe 45 degrees of the rear facingground floor window closest to the boundary. The neighbouring property benefits from one highlevel first floor window, which is a secondary window to a bedroom. The property also benefitsfrom windows to the facing ground floor side elevation one of which is a secondary window to ahome office, the other serving a W.C. The proposal whilst acknowledging that there may besome loss of light to the side elevation windows, these are secondary windows to rooms. On thisbasis no unacceptable loss of light would arise.

The two storey element, (10.2m in depth) with an eaves height of 5.2m hipped roof above, wouldnot result in harm through overbearance to the occupants of this neighbouring property. Thesingle storey element would project 5.3m beyond the two storey element. At 2.4m in height risingto 3m in height, due to its design and siting, it would not give rise to a dominant form ofdevelopment when viewed from Woodcote.

The proposal comprises two first floor side facing windows, serving a closet and bathroom.These are annotated as obscure glazed on the submitted drawings. It is reasonable to conditionthese to be fixed shut below 1.7m in height when measured internally from the floor area of theroom they serve. It is reasonable to condition that the side velux windows are set with a cillheight of 1.7m when measured internally from the floor level of the room to which they serve,alternatively to be obscure glazed and fixed shut below 1.7m in height (when measured internallyfrom the floor level of the room to which they serve) to ensure adequate protection of privacy tothe occupants of the neighbouring property.

The applicant has provided an additional drawing identifying proposed 1.8m fencing with 0.6mtrellis above along the boundary between Woodcote and the development.

Old Pilgram CourtIs a flatted development directly to the south. A parking space lies between Old Pilgram Courtand the common boundary. The proposed development due to its scale, height, depth and sitingwould not give rise to concerns regarding loss of light or overbearing impact.

The existing garage to be demolished is located on the boundary, in addition to the presence ofmature planting. The occupants of the flats have requested that 1.8m close boarded fencing andsuitable soft boundary planting be in place along this boundary. The applicant has provided adrawing identifying 1.8m high close board fencing along the section of the boundary where thegarage is currently located, and the retention of the existing close board fencing and softlandscaping forward of the garage along this section of the boundary.

As above it is reasonable to condition the proposed first floor and above side facing windows tobe obscure glazed to protect privacy.

14,15,16 Kingston AvenueThese properties are located to the west of the application site, adjoining the rear/side boundary.Separation distances in excess of 25 metres will be observed from the rear building line to therear boundary. The proposed development for a pair of semi detached houses would not giverise to unacceptable overlooking or loss of privacy of these neighbouring properties.

The proposed development would not, for the reasons above, result in unacceptable harm to theresidential amenities of the occupants of the immediate neighbouring properties. The proposalis compliant with policy G1(3) of the saved local plan 2003 and Policy EH-H8 Residential infillingof the EHNP.

Living environmentThe proposed dwellings would accord with the requirements of the nationally described spacestandards as set out by the Ministry of Housing, Communities and Local Government (MHCLG).Externally the dwellings would have access to private outdoor amenity space. The proposeddwellings would provide acceptable living accommodation in accordance with policies H1 and D1of the LPSS 2019.

Loss of a bungalow

The East Horsley Neighbourhood plan is adopted and carries weight in the determinationprocess. Policy EH:H2 Bungalows encourages bungalows as a building type on sites ofdevelopments of more than 20 dwellings. The proposal is for a net increase of one dwelling. Thethreshold for this policy is not reached. No objection is raised to the loss of the bungalow.Furthermore the proposal resulting in the loss of a bungalow and its replacement with a pair ofsemi-detached dwellings is not in breach of adopted policy.

Flood RiskThe application is accompanied by a flood risk assessment. This confirms that all the proposeddevelopment will be located in flood zone 1. Flood risk appears to be predominantly fluvial andoriginates from the Stratford Brook, (approximately 5km to the west of the site). Very low to lowrisk of flooding from surface water. The site is within an area with potential for groundwaterflooding to occur at the surface however no ground water flooding incidents have been recordedwithin the vicinity of the site. The report follows a precautionary approach and recommends thefinished ground floor levels are raised 300mm above external adjacent ground level. Theproposed houses will be located entirely within flood zone 1. Safe escape is provided entirelywithin flood zone 1. The rear of the site is located within flood zones 2 and 3, where the risk offlooding would appear to originate from Stratford Brook. The Stratford Brook is a tributary of theRiver Wey.

The applicant has agreed to implement the flood resistant design measures into thedevelopment. The development will utilise sustainable drainage systems (SuDS) design. ASuDS strategy is not required due to the scale of development proposed. The EnvironmentAgency have been consulted and members will be updated at committee.

Highways

Para 109 of the NPPF states: ...'Development should only be prevented or refused on highwaysafety grounds if there would be an unacceptable impact on highway safety, or the residualcumulative impacts on the road network would be severe.'

The County Highway Authority have advised that the proposal is unlikely to have a materialimpact on highway issues.

The Council's Vehicle Parking Standards SPD 2006 requires 2 parking spaces for each dwellingbased on the size of dwelling proposed. The proposal accords with this in providing two off streetparking spaces per 4 bed unit.

The site currently benefits from a vehicular access. The proposal would retain the existingaccess and includes the creation of an additional access to the south, enabling vehicles to enterand exit the site in forward gear. No objection is raised on highways safety or parking provisiongrounds.

The proposal accords with policy ID3 of the LPSS, policy EH-H7a (vi) of the EHNP and the NPPF2019.

Impact on treesThe proposal includes the removal of Lawson Cypress trees, a row of Leyland Cypress, acategory C Horse Chestnut in addition to a number of C grade ash trees along the rear boundary. No objection is raised on arboricultural grounds.

SustainabilityAs set out in policy D2 of the LPSS and the Council's Sustainable Design and Construction SPD2011, there is a requirement to achieve a 20 per cent reduction in carbon emissions through theuse of on site low and zero carbon technologies and include water efficiency measures in linewith building regulations. These measures can be secured by condition.

Thames Basin Heath Special Protection Area (TBHSPA) and Appropriate Assessment (AA)

The site is within 400m to 5km of the Thames Basin Heath SPA.

The development comprising the net increase of one dwelling may adversely impact theTBHSPA. The Council's adopted TBHSPA Avoidance Strategy 2017 (February 2010) requiresSANG and SAMM contributions to avoid any adverse impact.

The applicant has verbally agreed to enter into a legal agreement to secure the necessarycontributions.

An Appropriate Assessment has been undertaken by the LPA and Natural England has beenconsulted in accordance with paragraph 63 (3) of the Conservation of Habitats and SpeciesRegulations 2017. Natural England have confirmed that they have no objection as long as therelevant avoidance and mitigation measures specified in the AA are secured and as long as theapplicant is complying with the requirement's of Guildford's Avoidance and Mitigation Strategy forthe Thames Basin Heaths SPA (through legal agreement securing contributions to SuitableAlternative Natural Greenspace and Strategic Access Management and Monitoring.

Subject to a S106 Agreement to secure the necessary contributions. It is concluded that thedevelopment would not impact in the TBHSPA and would meet the objectives of the TBHSPAAvoidance Strategy 2017 and Policy NRM6 of the South East Plan 2009. For the same reasonsthe development meets the requirements of Regulation 63 of the Conservation of Habitats andSpecies regulations 2017.

Legal agreement requirements

The three tests as set out in Regulation 122(2) require S106 agreements to be:

(a) necessary to make the development acceptable in planning terms;(b) directly related to the development; and(c) fairly and reasonably related in scale and kind to the development.

As the application proposes the provision of one additional residential unit, in order for thedevelopment to be acceptable in planning terms, a S.106 agreement is required as part of anysubsequent planning approval to secure a financial contribution towards a SANG, in line with theGuildford Borough Council TBHSPA Avoidance Strategy 2017. This strategy has been formallyadopted by the Council. In line with this strategy and the requirements of Regulation 63 of theHabitats Regulations, a S.106 agreement is required to ensure that the additional residential unitsproposed by this development will not have any likely significant effect on the TBHSPA.

The Council is aware of the limitation on the use of pooling of planning contributions contained inRegulation 123 of the Community Infrastructure Levy Regulations 2010, and this relates to anobligation which “provides for the funding or provision of relevant infrastructure”. In this instancethe contributions are required to improve existing SANGS and ensure they are maintained inperpetuity; the SANGS is existing infrastructure which is to be improved to ensure that they havesuitable capacity to mitigate the impact of the residential development.

When interpreting Regulation 123 regard must be had to the definition of funding which isprovided at Regulation 123(4); this states that “funding” in relation to the funding of infrastructure,means the provision of that infrastructure by way of funding. As noted above, no new SANGS orother infrastructure are to be provided by the contributions and accordingly the Council does notconsider that Regulation 123 prevents collecting these contributions. We also note that SAMMdoes not fall within the definition of infrastructure and is therefore not subject to the Regulation123 restrictions. The Council has sought Counsels Opinion in respect of its approach to SANGSand SAMM contributions and this supports our approach. Furthermore, subsequent appealdecisions have been received which support the Councils approach in this regard.

The level of financial contribution required is in line with the specific requirement set out in theCouncils adopted Avoidance Strategy which relates to the number of residential units andnumber of bedrooms proposed. As such, the requirement for the S106 agreement meets thethree tests set out in Regulation 122(2) and will ensure that the harm to the mitigation of theTBHSPA is secured.

Conclusion.

The principle of the proposed development is found to be acceptable and the proposal woulddeliver a net increase of one residential unit in a sustainable location. The proposal would nothave a detrimental impact on the character and appearance of the surrounding area. Nounacceptable harm to the residential amenity of neighbouring properties has been identified. Nohighways safety or parking issues have been identified. Subject to a S106 agreement to securethe appropriate mitigation for the Thames Basin Heath SPA the proposed development isacceptable.

The application based on the above assessment is recommended for approval.