Embed Size (px)
Citation preview
A3 WA/2016/1209J Gaines & J Gaines16/06/2016
Committee:Meeting Date:
Outline application for the erection of 20 dwellings with associated works following demolition of existing stables (as amended by plans and documents received 22/08/2016, plans received 04/04/2017 and an additional ecological assessment dated 21st December 2016) at Land South of Cranleigh Road and West of Gadbridge Lane, Ewhurst
Eastern Area14/06/2017
Public Notice: Was Public Notice required and posted: YesGrid Reference: E: 508970 N: 139810
Parish: EwhurstWard: EwhurstCase Officer: Tim Bryson13 Week Expiry Date: 15/09/2016Neighbour Notification Expiry Date: 29/07/2016Neighbour Notification Amended/Additional Expiry Date: 05/09/2016Time extension agreed to:Extended expiry date:
Yes15/03/2017
RECOMMENDATION A
RECOMMENDATION B
That, subject to a S106 agreement to secure 7 Affordable Housing dwellings, contributions towards Early Years infrastructure, play space, Primary Education infrastructure and Environmental infrastructure within 3 months of the committee meeting and, subject to conditions, permission be GRANTED
That, if requirements of Recommendation A are not met, permission be REFUSED
Introduction
The application has been brought before the Area Committee because the proposal was deferred by the Eastern Area Planning Committee on 5th October 2016 for ecology reasons. The application has been brought to the Area Planning Committee for re-consideration.
The planning application seeks outline permission for the development proposal with all matters reserved except access and layout.
Access - covers accessibility for all routes to and within the site, as well as the way they link up to other roads and pathways outside the site.
Layout - includes buildings, routes and open spaces within the development and the way they are laid out in relation to buildings and spaces outside the development.
All other matters are to be reserved for future consideration. An application for outline planning permission is used to establish whether, in principle, the development would be acceptable. This type of planning application seeks a determination from the Council as to the acceptability of the principle of the proposed development. If outline planning permission is granted, any details reserved for future consideration would be the subject of future reserved matters application(s).
Reserved matters include:
Appearance aspects of a building or place which affect the way it looks, including the exterior of the development.
Scale includes information on the size of the development, including the height, width and length of each proposed building
Landscaping the improvement or protection of the amenities of the site and the surrounding area; this could include planting trees or hedges as a screen.
If outline planning permission is granted, a reserved matters application must be made within three years of the grant of permission (or a lesser period, if specified by a condition on the original outline approval). The details of the reserved matters application must accord with the outline planning permission, including any planning conditions attached to the permission.
Location Plan
Site Description
The application site measures 0.84 hectares and is located on the north side of Cranleigh Road at the junction with Gadbridge Lane. The site is currently used as paddock and is grade 3 agricultural land. The site is bounded by some detached residential dwellings of various designs and scales as well as similar development patterns on the opposite sides of Gadbridge Lane and Cranleigh Road. To the south and south west are open fields. The site is screened by natural mature vegetation, especially on its northern, southern and south-eastern boundaries. The land slopes gently downwards towards the west.
Proposal
This is an outline planning application which proposes to redevelop the land to provide a new vehicular access to serve 20 residential dwellings. This would include the following:
7 affordable housing units (35%) A new vehicular access from Cranleigh Road and retained and
improved access from Gadbridge Lane 49 car parking spaces including garage car parking. A Local Area of Play (LAP) Retention of natural screening
Heads of Terms
A Draft Section 106 agreement has been submitted to provide for:
- 7 Affordable Housing Units incorporating three x 1-bed, two x 2-bed and two x 3-bed units
- £12,115 toward Early Years infrastructure at the Ewhurst C of E Infant School to provide a new pre-school classroom following demolition of existing.
- £68,777 toward Primary Education infrastructure at the Cranleigh C of E primary school to provide additional reception classrooms in the form of new build to allow the school to accommodate more children.
- £540 toward bins and recycling containers.
Proposed Site Plan and Layout
Plots 1 – 5
Plots 6 – 8
Plots 9 – 12
Plots 13 -16
Plots 17 – 18
Plots 19 – 20
Indicative elevations
Plot 1
Plots 2 - 5
Plots 6 - 8
Plots 9 – 10
Plots 11 – 12
Plot 17
Plot 18
Plots 19 – 20
Relevant Planning History
WA/1997/0349 Use of land as private equestrian
Full permission 16/05/1997
WA/1989/1652 Outline application for erection of a dwelling
RefusedAppeal Dismissed
19/10/1989
13/09/1990
Planning Policy Constraints
Countryside beyond Green Belt - outside defined settlement areaAncient Woodland 500m bufferAdjacent to Grade II Listed BuildingNeighbourhood Plan Designation Development Plan Policies and Proposals
Saved Policies of the Waverley Borough Local Plan 2002
C2 Countryside Beyond the Green BeltC6 Landscape EnhancementC7 Trees, Woodlands and HedgerowsD1 Environmental implications of DevelopmentD2 ResourcesD4 Design and LayoutD5 Nature ConservationD7 Trees, Hedgerows and DevelopmentD8 Crime PreventionD9 AccessibilityD13 Essential InfrastructureD14 Planning BenefitsH4 Density and size of DwellingsH10 Amenity and PlayspaceHE15 Unidentified Archaeological SitesRD9 Agricultural LandHE3 Development affecting the setting of Listed BuildingsM1 Location of developmentM2 The Movement Implications of developmentM4 Provision for pedestriansM5 Provision for cyclistsM14 Car parking standards
Polices of the Pre-Submission Local Plan Part 1 2016
SP1 Presumption in Favour of Sustainable DevelopmentRE1 Countryside Beyond the Green BeltRE3 Landscape CharacterAHN1 Affordable Housing on Development SitesAHN3 Housing Types and TenureLRC1 Leisure, Recreational and Cultural FacilitiesNE1 Biodiversity and Geological ConservationCC2 Sustainable Design and ConstructionCC4 Flood Risk ManagementALH1 The Amount and Location of Housing Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires all applications for planning permission to be determined in accordance with the Development Plan, unless material considerations indicate otherwise. The adopted Local Plan (2002) therefore remains the starting point for the assessment of this proposal.
The National Planning Policy Framework (NPPF) is a material consideration in the determination of this case in line with paragraph 215, due weight may only
be given to relevant policies in existing plans according to their degree of consistency with the NPPF. The report will identify the appropriate weight to be given to the Waverley Borough Local Plan 2002.
The Council is in the process of replacing the adopted 2002 Local Plan with a new two part document. Part 1 (Strategic Policies and Sites) will replace the Core Strategy that was withdrawn in October 2013. Part 2 (Non-Strategic Policies and Site Allocations) will follow the adoption of Part 1. The new Local Plan builds upon the foundations of the Core Strategy, particularly in those areas where the policy/approach is not likely to change significantly. The Council approved the publication of the draft Local Plan Part 1 for its Pre-submission consultation under Regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012 on 19 July 2016. The consultation period commenced in August 2016 and closed on 3 October 2016. On the 21st December 2016 the Council submitted the draft Local Plan Part 1 for Examination. In accordance with paragraph 216 of the NPPF, weight can be given to the draft Plan, but the degree to which it can is determined by the stage the Plan has reached and the extent to which there are any unresolved objections to it. It is considered that significant weight can be given to the Draft Plan following its publication on Friday 19 August, given its history of preparation thus far, the iterations of it and the extent of consultation and consideration on it to date. The weight afforded to the Draft Local Plan will increase as the Plan progresses through Examination and onto its adoption in 2017.
Other guidance:
National Planning Policy Framework (2012) National Planning Practice Guidance (2014) Strategic Housing Land Availability Assessment (2016 update) West Surrey Strategic Housing Market Assessment (2015) Infrastructure Delivery Plan (2012) Strategic Flood Risk Assessment (2015) Affordable Housing Viability Assessment (Addendum 2010 and update
2012) Planning Infrastructure Contributions SPD (2008) Cycling Plan SPD (April 2005) Council’s Parking Guidelines (2013) Vehicular and Cycle Parking Guidance (Surrey County Council 2012) Waverley Local Plan Strategic Transport Assessment (Surrey County
Council, September 2016) Surrey Design Guide (2002)
Consultations and Parish Council Comments
Ewhurst Parish Council
Ewhurst Parish Council objects to the application on the following grounds –
Premature to the adoption of the Neighbourhood Plan Visual and overall impact on the neighbouring amenity Mix Density Out of character with surroundings Urbanizing effect upon the street scene Need of a Speed Survey Drainage strategy
Ewhurst Parish Council is now well advanced in the preparation of its Neighbourhood Plan. This application is premature to the adoption of the NP and granting permission at this time would have a severe impact upon the hard work, enthusiasm and credibility of the many members of the local community who have given their time and dedication to the production of the Plan. The Parish Council firmly supports the aims of the Localism Act 2011, and engaging with the local community in evolving a widely supported strategy for the long-term sustainability of the area. This application is unwelcome in this context.
The visual and overall impact on the amenity of Sunset Cottage, in particular, as well as the adjoining properties of Gadbridge Farm and Windy Ridge.
The mix of housing units proposed is contrary to Policy H4 of the Local Plan and the West Surrey Strategic Housing Market Assessment, December 2015. There is a strong bias within the proposals towards large units which is not in line with local needs.
The density of the proposed development is too great and is out of character with the area.The proposed development of two large, five bedroom houses on Gadbridge Lane presents a contrast in height and character with the area and would cause substantial harm to the setting of Gadbridge Farm as a designated heritage asset.
The loss of the hedge fronting Cranleigh Road would have a detrimental and urbanizing effect upon the street scene. The landscape integrity of the site should be maintained.
The Applicant should be advised to conduct a speed survey along the Cranleigh Road as many local residents believe that actual traffic speeds are in excess of the 30 mph speed limit. This may impact on the proposed sight lines for the point of vehicle access, in the interests of road safety.
The applicant has presented an unviable drainage strategy for the site which will exacerbate an already untenable situation for local residents. The proposal to introduce surface water into the foul drainage system is unsustainable.
The Borough Council should be advised that the Parish Council has an aspiration to provide and manage affordable housing for local residents through a Community Land Trust.
Amended scheme:Comments to be submitted 7th June after an extraordinary meeting of the Parish Council on 6th June 2017.
Comments to be reported orally. County Highway Authority
The proposed development has been considered by THE COUNTY HIGHWAY AUTHORITY who having considered any local representations and having assessed the application on safety, capacity and policy grounds, recommends the following conditionsbe imposed in any permission granted:
Conditions:1) The development hereby approved shall not be first
commenced unless and until the proposed vehicular access to Cranleigh Road has been constructed and provided with visibility splays in accordance with the approved plans and thereafter the visibility splays shall be kept permanently clear of any obstruction measured from 0.6m above the road surface.
2)The development hereby approved shall not be first occupied unless and until the proposed modified access to Gadbridge Lane has been constructed in accordance with the approved plans and thereafter the visibility splays shall be kept permanently clear of any obstruction measured from 0.6m above the road surface.
3) The development hereby approved shall not be first occupied unless and until the existing access from the site to Gadbridge Lane has been permanently closed and any kerbs, verge, footway, fully reinstated.
4) The development hereby approved shall not be first occupied
unless and until space has been laid out within the site in accordance with the approved plans for vehicles to be parked and for vehicles to turn so that they may enter and leave the site in forward gear. Thereafter the parking and turning areas shall be retained and maintained for their designated purposes.
5) No development shall commence until a Construction Transport Management Plan, to includedetails of:(a) parking for 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) provision of boundary hoarding behind any visibility zones(f) measures to prevent the deposit of materials on the highwayhas 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.
6) The development hereby approved shall not be first occupied until a scheme showing secure parking of bicycles for each dwelling has been submitted to and approved in writing by the local planning authority. Thereafter the bicycle storage shall be provided and maintained.
7) Prior to commencement the applicant shall submit a scheme showing the following:(a) Relocate the existing bus stop to the west of the proposed site access onto Cranleigh Road.The bus stop shall include a new shelter, raised kerbing, bus cage markings and timetable information.(b) Provision of a new footway along the Cranleigh Road boundary of the site, between the relocated bus stop and the Cranleigh Road junction with Gadbridge Lane.(c) Provision of dropped kerbs with tactile paving, at the junction of Cranleigh Road and Gadbridge Road.(d) Provision of dropped kerbs with tactile paving on Cranleigh Road within the vicinity of the site access.
Reason:Conditions 1-5 are required in order that the development should not prejudice highway safety nor cause inconvenience to other highway users.
Conditions 6 and 7 are required in recognition of Section 4 “Promoting Sustainable Transport “ inthe National Planning Policy Framework 2012.
Policy:
The above conditions are required in order to satisfy policy M2 of Waverley Borough Council's Local Plan (2002).
Highway Informatives:1) The permission hereby granted shall not be construed as authority to carry out any works on the highway or any works that may affect a drainage channel/culvert or water course. The applicant is advised that a permit and, potentially, a Section 278 agreement must be obtained from the Highway Authority before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway. All works on the highway will require a permit and an application will need to submitted to the County Council's Street Works Team up to 3 months in advance of the intended start date, depending on the scale of the works proposed and the classification of the road. Please see http://www.surreycc.gov.uk/roads-and-transport/road-permits-and-licences/the-traffic-management-permit-scheme . The applicant is also advised that Consent may be required under Section 23 ofthe Land Drainage Act 1991. Please seewww.surreycc.gov.uk/people-and-community/emergency-planning-and-community-safety/flooding-advice.
2) The developer is advised that as part of the detailed design of the highway works required by the above conditions, the County Highway Authority may require necessary accommodation works to street lights, road signs, road markings, highway drainage, surface covers, street trees, highway verges, highway surfaces, surface edge restraints and any other street furniture/equipment.
3) When a temporary access is approved or an access is to be closed as a condition of planning permission an agreement with, or licence issued by, the Highway Authority Local Highways Service will require that the redundant dropped kerb be raised and any verge or footway crossing be reinstated to conform with the existing adjoining surfaces at the developers expense.
4) 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. TheHighway Authority will seek, wherever possible, to recover any expenses incurred in clearing, cleaning or repairing highway surfaces and prosecutes persistent offenders. (Highways Act 1980Sections 131, 148, 149).
5) When access is required to be ‘completed’ before any other operations, the Highway Authority may agree that surface course material and in some cases edge restraint may be deferred until construction of the development is complete, provided all reasonable care is taken to protectpublic safety.
Amended scheme:No objection and no additional conditions or informatives.
County Archaeologist
The archaeological potential of the site is best described as uncertain and remains to be determined. A desk based assessment is unlikely to provide sufficient detail to determine the presence or absence of archaeological remains and so in order to comply with the policy then an archaeological field evaluation will be required. This will be required by condition.
County Education Authority
S106 contributions sought: Early Years: £12,115 Primary: £68,777 Secondary: £0 Total contributions sought: £80,892
Amended scheme:No comments received – to be reported orally
Surrey Police No objection subject to a condition requiring a planning condition be applied to require the re-development to achieve the Secured by Design (SbD) Gold Award as detailed in the document Homes 2016: http://www.securedbydesign.com/wp-content/uploads/2016/03/Secured_by_Design_Homes_2016_V1.pdf Attaining the Secured by Design (SBD) Gold Award will ensure that the new Part Q within Building Regulations are fully complied with reference to ‘Enhanced Home Security’.
More specifically: External containers specifically designed for the secure
storage of bicycles must be certificated to SBD Homes 2016 standards.
The parking spaces for plots 6, 7 and 8 are not overlooked by an ‘active room’, this could be rectified with some minor realignment of these plots.
The LAP should have suitable lighting and will require on going management in place to ensure it does not become overgrown, littered or neglected, potentially leading to anti-social behaviour.
The site should be suitably fenced around its perimeter, (minimum 1.6m close boarded fencing with 300mm trellis on top) and have appropriate external street lighting and security lighting.
Surrey Wildlife Trust
Withdraw outstanding objection with submission of ‘Detailed Dormouse Risk Assessment’, author Adonis Ecology Ltd, relating to survey dated 21st December 2016.
The above referenced report identifies a low probability of dormice being present, supported by quantified analysis. This reduces the reasonable likelihood of dormice being and affected by the proposed development. However, a low probability of presence does not equate to confirmed absence.
I therefore recommend that should the Council be minded to grant permission for the proposed development that the development should be required to progress only in accordance with the precautionary working methodology detailed within section 5.1 of the above referenced Dormouse Risk Assessment document.
In addition, a planning condition which requires the applicant to submit an appropriately detailed reptile mitigation strategy and enhancement plan, written by a suitably qualified ecologist, for approval in writing by the Council, prior to the commencement of development.
In addition, a condition that requires that any tree, hedgerow or scrub removal is undertaken only in accordance with a precautionary working methodology in order to avoid killing, injuring or disturbing dormice as required by the above referenced European legislation – in line with best practice guidance ‘The Dormouse Conservation Handbook’, 2nd Ed, 2006. Works should be undertaken under the supervision of a suitably qualified ecologist.
The applicant should be made aware that should dormice be confirmed within the boundary of the development site during tree or scrub clearance works while following best practice guidance, they must stop works immediately and contact Natural England with regards to applying for a European Protected Species Mitigation Licence in order to avoid contravention of the above European legislation.
The applicant should also provide the Council with indicative information on proposed measures to mitigate and compensate for the loss of hedgerow / trees / scrub habitat. This will provide the Council with additional information to indicate that the loss of habitat proposed can be appropriately mitigated and compensated for so that favourable conservation status of the species must be maintained. In addition, a condition requiring an appropriately detailed landscape and ecological management plan (LEMP) is suggested.
Natural No objection
EnglandThames Water
Waste CommentsSurface Water Drainage - With regard to surface water drainage it is the responsibility of a developer to make proper provision for drainage to ground, water courses or a suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary. Connections are not permitted for the removal of groundwater. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. They can be contacted on 0800 009 3921. Reason- to ensure that the surface water discharge from the site shall not be detrimental to the existing sewerage system.
Thames Water would advise that with regard to sewerage infrastructure capacity, we would not have any objection to the above planning application.
Legal changes under The Water Industry (Scheme for the Adoption of private sewers) Regulations 2011 mean that the sections of pipes you share with your neighbours, or are situated outside of your property boundary which connect to a public sewer are likely to have transferred to Thames Water's ownership. Should your proposed building work fall within 3 metres of these pipes we recommend you email us a scaled ground floor plan of your property showing the proposed work and the complete sewer layout to [email protected] to determine if a building over / near to agreement is required.
‘We would expect the developer to demonstrate what measures he will undertake to minimise groundwater discharges into the public sewer. Groundwater discharges typically result from construction site dewatering, deep excavations, basement infiltration, borehole installation, testing and site remediation. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991. Should the Local Planning Authority be minded to approve the planning application, Thames Water would like the following informative attached to the planning permission:
“A Groundwater Risk Management Permit from Thames Water will be required for discharging groundwater into a public sewer. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991. We would expect the developer to demonstrate what measures he will undertake to minimise groundwater discharges into the public
sewer. Permit enquiries should be directed to Thames Water’s Risk Management Team by telephoning 02035779483 or by emailing [email protected]. Application forms should be completed on line via www.thameswater.co.uk/wastewaterquality.”
Water CommentsOn the basis of information provided, Thames Water would advise that with regard to water infrastructure capacity, we would not have any objection to the above planning application. Thames Water recommend the following informative be attached to this planning permission:
“Thames Water will aim to provide customers with a minimum pressure of 10m head (approx 1 bar) and a flow rate of 9 litres/minute atthe point where it leaves Thames Waters pipes. The developer should take account of this minimum pressure in the design of the proposed development”.
County Lead Local Flood Authority
No objection subject to imposition of a suitably worded condition to ensure that the SuDS Scheme is properly implemented and maintained throughout the lifetime of the development.
Amended scheme:No additional comments to make
County Rights of Way Officer
No response received.
Council’s Waste and Recycling Officer
Each unit should have space to accommodate 1 each of a black refuse bin, a blue recycling bin, a live garden waste bin and a food waste green kerbside caddy. Subject to a S106 contribution of £540.
Amended scheme:Applicant would need to accommodate bin storage for the 2 additional dwellings.
Council’s Housing Enabling Officer
Amount of affordable housing welcomed and welcome the dwelling mix for affordable housing.
A viability assessment would provide greater certainty as to the deliverability of the level of affordable housing proposed and would confirm that this is the maximum level of affordable housing achievable on the site.
Although the site adjoins the settlement boundary of Ewhurst, one of the RD1 settlements in which a rural exception approach can be
taken, this site is not being proposed as a rural exception site. Rural exception sites are small-scale developments of 100% affordable housing, developed with the support of the Parish Council in a mix to meet the local need demonstrated by a rural housing needs survey. As this scheme does not meet the rural exception test, Policy H6 is not relevant to this application and we would expect the affordable homes to be available to households in housing need from across the Borough (rather than being restricted to those with a local connection to Ewhurst and Ellen’s Green, as suggested on p.2 of the Design & Access Statement).
Considers that there is still scope to alter the layout to integrate them slightly better with the market housing. Affordable homes in Waverley should meet the Nationally Described Space Standard.
Amended scheme:
No additional comments to make.
Council’s Environmental Health Officer
No objection subject to conditions and informatives.
Representations
In accordance with the statutory requirements and the “Reaching Out to the Community – Local Development Framework – Statement of Community Involvement – August 2014” the application was advertised in the newspaper on 08/07/2016.
On 24/06/2016 site notices were displayed around the site and on the same date neighbour notification letters were sent. An amendment to the layout of plots 17 and 18 was submitted on 20th August 2016 and notification letters were sent out on 22nd August 2016 to all neighbouring properties.
In all 46 letters of support were received, 200 letters raising objection and one neutral comment.
Only two responses, both objections, were received after the amended plans for Plots 17 and 18 were submitted and both of these maintained an objection to the overall scheme with one objector nevertheless welcoming these amendments.
The 200 letters of objection were on the following grounds:
Scale and Density Development too large Contrary to 1990 Appeal decision
Impact on Character of Area Urbanising impact on village Out of character with area Conflict with appeal decision on ‘Penlan’ appeal (2015) Gadbridge Lane homes too large and out of character with adjoining
properties Impact of hedgerow adjoining Cranleigh Road visually harmful Adverse impact on ‘Sunset Cottage’, ‘Gadbridge Farm’ and ‘Windy
Ridge’ Gradient of land making it highly visible Site has high amenity and community value as existing Loss of amenity space
Housing Mix Dwelling mix contrary to Policy H4 and West Surrey SHMAA Proposal premature as it predates Ewhurst Neighbourhood Plan Outside village settlement boundary Contrary to Policy C2 Does not address need for smaller housing
Highway Impact and Car Parking Adverse impact on highway safety- inadequate sight lines on Cranleigh
Road Adverse impact on highway safety- high traffic volume existing on
Cranleigh Road No pedestrian crossing from site
Heritage Adverse impact on Gadbridge Farm- a Listed Building
Ecology and Environment No archaeological survey, ecological assessment nor Heritage
Statement Bats present not properly assessed Would exacerbate existing surface water and drainage issues Development will lead to light pollution Scheme more appropriate to Cranleigh not Ewhurst
Other Increase pressure on local schools
Following deferral of the application at the Eastern Area Planning Committee on 5th October 2016, amended plans were received amending the proposed mix of dwellings with the removal of 1 x 4-bedroom dwelling and provision of 2 x 2-bedroom dwellings and 1 x 1-bedroom dwelling, thereby increasing the total number of dwellings from 18 to 20. Officers re-consulted all statutory neighbouring occupiers and third parties on this amendment on the 28/04/2017.
11 letters have been received raising objection on the amended proposal on the following grounds:
- Amendment makes it even more unacceptable;- Density has been increased;- Increase in sewer flooding;- Applicant should withdraw and re-submit to allow for the change;- Penlan appeal decision on site nearby is relevant and similar density
was not accepted by Inspector;- No justification for the proposed density;- Site is not within the settlement boundary;- Density of Cranleigh Road is 7 dwellings per hectare;- Two large houses on Gadbridge Lane will harm setting of listed
building;- Major urbanising impact;- Increase in problems for highway safety;
The 46 letters of support were on the following grounds:
• Housing much needed• Site suitable for housing• Affordable housing needed• Will help sustain recreational and community facilities• Housing would prevent continued out-migration especially the young
and would encourage people to return to Ewhurst• High quality of architecture proposed • Concurs with government policy and building new homes
Submissions in support
In support of the application, the applicant has made the following points:
The proposed new residential development is just outside the defined settlement of Ewhurst and within the countryside but the properties are within very close proximity to the centre of Ewhurst and are connected with a regular
bus route. The location is sustainable and there are special circumstances that would allow the policy of restraint to be set aside in respect of the development:
The proposal would be in-keeping with the organic nature of the immediate area and thus in harmony with the character and appearance of the area.
The site is largely surrounded by existing residential which materially has an effect upon the character and appearance of the area site and its relationship to the settlement boundary of Ewhurst.
The proposed dwellings would positively contribute to the Council’s 5-year housing supply in a sustainable location close to shops, services and amenities.
The proposed development is of a form, scale and layout commensurate with surrounding residential development and would not result in harm to the character of the area or visual amenity.
The proposed dwellings provide for parking in accordance with Waverley’s Parking Guidance with 51 car parking spaces being provided.
The design would be in-keeping with the surrounding area and would provide a satisfactory relationship between existing neighbouring properties including the Grade II Gadbridge Farm House.
The application mix has been amended following officer comments and to accord with the SHMA.
Determining Issues
Principle of developmentPrematurityLoss of agricultural landLocation of developmentHousing land supplyHousing mixAffordable housingHighways considerationsImpact on Countryside Beyond Green BeltImpact on treesImpact on visual amenityImpact on residential amenityFlood risk and drainage
NoiseAir qualityArchaeologySetting of Listed BuildingCrime and disorderHealth and well beingInfrastructureFinancial considerationsBiodiversity and compliance with Habitat Regulations 2010Third party representation and Parish Council commentsAccessibility and Equalities Act 2010, Crime and disorder and Human Rights ImplicationsEnvironmental Impact Regulations 2011 (as amended)Pre Commencement ConditionsWorking in a positive/proactive manner
Planning Considerations
Principle of development
The NPPF states that the purpose of the planning system is to contribute to the achievement of sustainable development. There are three dimensions to sustainable development: economic, social and environmental. These dimensions give rise to the need for the planning system to perform a number of roles:
an economic role – contributing to building a strong, responsive and competitive economy, by ensuring that sufficient land of the right type is available in the right places and at the right time to support growth and innovation; and by identifying and coordinating development requirements, including the provision of infrastructure;
a social role – supporting strong, vibrant and healthy communities, by providing the supply of housing required to meet the needs of present and future generations; and by creating a high quality built environment, with accessible local services that reflect the community’s needs and support its health, social and cultural well-being; and
an environmental role – contributing to protecting and enhancing our natural, built and historic environment; and, as part of this, helping to improve biodiversity, use natural resources prudently, minimise waste and pollution, and mitigate and adapt to climate change including moving to a low carbon economy.
The NPPF at paragraph 197 provides the framework within which the local planning authority should determine planning applications, it states that in assessing and determining development proposals, local planning authorities should apply the presumption in favour of sustainable development.
Paragraph 14 of the NPPF defines the presumption in favour of sustainable development as approving development proposals that accord with the development plan without delay; and where the development plan is absent, silent or relevant policies are out-of-date, granting permission unless: inter alia any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole, or if specific policies in the framework indicate development should be restricted.
The site is located within the Countryside Beyond the Green Belt. Policy C2 states that the Countryside should be protected for its own sake and new housing is unacceptable in principle. However, Policy C2 does not carry full weight as it is not considered to be entirely consistent with the NPPF as Policy C2 refers to protection for ‘its own sake’, whereas the NPPF places emphasis on protecting the intrinsic character and beauty of the Countryside. Accordingly, as the policy is considered to be out of date, the tilted balance in favour of sustainable development, as set out in paragraph 14 of the NPPF, applies.
This principle is carried through into Policy RE1 of the Pre-Submission Local Plan which requires the Council to recognise and safeguard the intrinsic beauty of the countryside ‘in accordance with the NPPF’
This principle of sustainable development is carried through into Policy SP1 of the pre-submission Local Plan, which requires the Council to take a positive approach to development, working proactively in favour of this presumption to find solutions so that proposals can be approved wherever possible and secure development that improves the economics social and environmental conditions in the area.
Paragraph 17 of the NPPF sets out that within the overarching roles that the planning system ought to play, a set of core land-use planning principles should underpin both plan-making and decision-taking.
These 12 principles are that planning should: inter alia take account of the different roles and character of different areas, promoting the vitality of our main urban areas, protecting the Green Belts around them, recognising the
intrinsic character and beauty of the countryside and supporting thriving rural communities within it. The planning application seeks outline permission for the development proposal with access and layout for consideration. As such, the applicant is seeking a determination from the Council on the principle of the residential development, associated access and layout.
The NPPF states that, where significant development of agricultural land is demonstrated to be necessary, local planning authorities should seek to use areas of poorer quality land in preference to that of a higher quality.
The principle of residential development could therefore be acceptable.
Planning history
There is no recent planning history in relation to the application site. however, there has been a refused application for a single dwelling on the site (WA/1989/1652) and subsequently dismissed at appeal.
This related to the are of the site to the south of Sunset Cottage. Although this appeal decision was some time ago, it draws on the character of Gadbridge Lane and the setting of the site being outside of the settlement boundary of the village.
In drawing on the conclusion of the appeal decision, the Inspector outlines that the proposal would have a serious adverse impact on the rural setting of Ewhurst and thereby on an objective underlying the countryside protection policies in statutory plans (paragraph 5).
The current proposal is significantly different in terms of scale and proposed use of the wider site area. further, the dismissed case was considered under a different adopted Development Plan and National and Regional Policy.
However, permission was recently dismissed on appeal for residential development on a nearby site and the planning issues are relevant to the current application.
The Penlan site which was submitted under Planning Reference WA/2014/0878 was dismissed on appeal by letter dated 16th June 2015 (PINS Ref APP/R2650/W/14/3000887) was set on the opposite side of Cranleigh Road and was set back somewhat from the road itself.
It was larger at 1.4 hectares than the subject site but was of a more restrictive shape. The site location plan in relation to the current application site is set out below.
Site Location Plan showing site for Penlan Scheme.
In dismissing the appeal, the Inspector noted the main issues as:
Whether the proposal amounts to sustainable development Whether the proposal preserves or enhances the character an
appearance of the area including the historic environment
In paragraphs 12-17 of the appeal decision, does not object to the individual design of the houses and use of materials and agrees these would be appropriate and characteristic of the dwellings within the village and immediate area, as would the proposed housing mix. The Inspector accepts that the proposed scheme would not be very visible within the wider landscape except where the new access road would join Cranleigh Road. In paragraphs 13 – 14, the Inspector states:
“However, the proposed development would be visible between the gaps in houses from the pavement on Cranleigh Road. The scheme would represent a very significant change in short distance views for those people using the public footpath which runs along the east boundary of the appeal site and exits in the north east corner…I accept that the proposed development would increase the natural surveillance of the footpath. Nevertheless, due to the position and numbers of houses with only small gaps between them, the northern part of the development would appear as a solid built form, and it would have a greater mass and overall scale in comparison to the majority of dwellings in the surrounding area”.
Current application site
In paragraph 15, the Inspector states that:
“The northern part of the site would have a suburban appearance, particularly where it would be open to public view. This would be exacerbated by the apartment building which would be located within the northeast corner of the appeal site. Although fairly domestic in design, it would be of a greater scale and size than development on the eastern boundary of the appeal site. In combination with an area of forecourt parking this would be a prominent feature…..The layout would incorporate a number of areas of parking and hard standing. I consider this would provide a very limited opportunity to mitigate the effect. As a result of the above factors, I consider the proposal would detract from the character and appearance of the area to an unacceptable extent.”
In conclusion, the Inspector accepts that the ‘Penlan’ proposal would provide needed market and affordable housing in the area and would contribute to economic growth within the village.
“However, the Framework makes it clear that the three roles the planning system is required to perform in respect of sustainable development should not be undertaken in isolation, because they are mutually dependent. It also makes it clear that pursuing sustainable development involves seeking positive improvements in the quality of the built, natural and historic environment. Given my concerns due to the significant identified harm to the character and appearance of the area including a negative effect on the historic environment, I conclude that the adverse impacts of the proposed development would significantly and demonstrably outweigh the benefits when assessed against the policies of the Framework taken as a whole.”
Notwithstanding that this is a similar development in terms of density, the more cramped nature of the Penlan site has constrained the scheme in contrast to the current planning application scheme which has a greater respect for the scale, layout and form of the surrounding area. The proposal, coupled with the retention of natural screening and the amendment to Plots 19 and 20 to reduce its impact on the setting of the Listed Building (Gadbridge Farm), comprises a development which satisfies the three roles of sustainable development: social, economic and environmental. Officers consider that the current application site is very different to that of Penlan and that the current proposal would provide an active frontage to the street scenes on both Cranleigh Road and Gadbridge Lane.
Officers note that a number of objections raised to the current proposal have referred to the Penlan appeal decision. Officers have examined the appeal decision above and drawn out key aspects from the Inspectors decision.
Further to the Penlan appeal, there has been a more recent and significant appeal decision on a site outside of the defined settlement of Ewhurst at the site known as Land at Backward Point (APP/R3650/W/16/31509 and 0910 dated 29th March 2017). Although a different site to Penlan, the Inspector allowed up to 31 dwellings on the Backward Point site, noting that although the built up edge of the village would be pushed outwards, the housing proposed would be well related to the existing development pattern, maintaining the compactness of the built-up area (paragraph 18).
Whilst the above decisions do not relate to the current application site, they are residential schemes with similar planning constraints that have been considered in Ewhurst.
Prematurity
Annex 1 of the National Planning Policy Framework explains how weight may be given to policies in emerging plans. However, in the context of the Framework and in particular the presumption in favour of sustainable development, arguments that an application is premature are unlikely to justify a refusal of planning permission other than where it is clear that the adverse impacts of granting permission would significantly and demonstrably outweigh the benefits, taking the policies in the Framework and any other material
Current application site
considerations into account. Such circumstances are likely, but not exclusively, to be limited to situations where both:
a) the development proposed is so substantial, or its cumulative effect would be so significant, that to grant permission would undermine the plan-making process by predetermining decisions about the scale, location or phasing of new development that are central to an emerging Local Plan or Neighbourhood Planning; and
b) the emerging plan is at an advanced stage but is not yet formally part of the development plan for the area. The Draft Objectives of the Ewhurst and Ellen’s Green Neighbourhood Plan (March 2016) seek to inter alia, make provision for the development of sufficient new housing to (i) meet primarily the locally generated need for additional houses, including the needs of those who work in the area and (ii) fulfil the requirements of the Local Development Plan. The Plan also seeks to allow for a mix of new housing provision which is weighted towards providing for identified local needs in terms of (i) the size, type and affordability of new housing and (ii) housing specifically suitable for the elderly and those with special housing needs.
Such development should maintain the separate identify and physical separation of Ewhurst, maintain and enhance the character, built environment and heritage of Ewhurst and seek to maintain for its own right, the character and quality of the countryside and rural areas outside the built-up areas it should generally seek to maintain and improve the rich biodiversity and sustainability credentials of all areas of the Parish.
A recent consultation has taken place (Site and Housing Criteria) by the Neighbourhood Plan team for Ewhurst and Ellen’s Green with the local community. This was undertaken in January 2017 and would be used to inform the further progression of the Neighbourhood Plan.
Officers conclude that the emerging Local Plan is at a suitably advanced stage for significant weight to be attached to it, although the Ewhurst Neighbourhood Plan is at a very early stage in its development.
The NPPG states that an emerging neighbourhood plan may be a material consideration in decisions on planning applications. It adds, however, that refusal of planning permission on grounds of prematurity will seldom be justified, in the case of a neighbourhood plan, before the end of the Local Planning Authority publicity period.
Having regard to the advice of the NPPG, officers conclude that a reason for refusal based on prematurity could not be reasonably substantiated.
Loss of agricultural land
The application site comprises a large area of grass land which is classed as Class 3 agricultural land and used as paddock land. Officers are satisfied that this is likely to be the lawful use of the land.
Paragraph 112 of the NPPF states that local planning authorities should take into account the economic and other benefits of the best and most versatile agricultural land. Where significant development of agricultural land is demonstrated to be necessary, local planning authorities should seek to use areas of poorer quality land in preference to that of a higher quality.
Policy RD9 of the Local Plan outlines that development will not be permitted which would result in the loss or alienation of the most versatile agricultural land unless it can be demonstrated that there is a strong case for development on a particular site that would override the need to protect such land.
On all grades of agricultural land, development will not be permitted which would result in the fragmentation of agricultural or horticultural holdings as to seriously undermine the economic viability of the remaining holding.
The Council’s agricultural consultants have confirmed that the site is paddock land and that the proposal would not result in the loss or alienation of the best and most versatile agricultural land stating that:
“The Planning Statement indicates that the site extends to 0.84ha of unkempt grassland which has been unmanaged for a while, together with a block of vacant and non-descript stables and informal horse grazing. As such, it is apparent that, in terms of Policy RD9, the loss of this land would not fragment or undermine the viability of an agricultural or horticultural business.
It is further outlined that it is highly unlikely that that there has been any recent agricultural activity taking place on the site. The proposal would not fragment an agricultural holding so as to seriously undermine the viability of any remaining holding.
As such, in terms of Policy RD9, the loss of this land would not fragment or seriously undermine the viability of any farm business or result in the loss of the most and best versatile agricultural land”.
Location of Development
As noted above, the site is located within the Countryside beyond the Green Belt outside of any defined settlement area.
Paragraph 55 of the NPPF states that, to promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of rural communities.
For example, where there are groups of smaller settlements, development in one village may support services in a village nearby. Local planning authorities should avoid new isolated homes in the countryside unless there are special circumstances.
Paragraph 69 of the NPPF states, inter alia, that the planning system can play an important role in facilitating social interaction and creating healthy, inclusive communities. It continues that local planning authorities should create a shared vision with communities of the residential environment and facilities they wish to see.
Paragraph 70 of the NPPF states that to deliver the social, recreational and cultural facilities and services the community needs, planning policies and decisions should:
plan positively for the provision and use of shared space, community facilities (such as local shops, meeting places, sports venues, cultural buildings, public houses and places of worship) and other local services to enhance the sustainability of communities and residential environments;
sustainability of communities and residential environments;
guard against the unnecessary loss of valued facilities and services, particularly where this would reduce the community’s ability to meet its day-to-day needs;
ensure that established shops, facilities and services are able to develop and modernise in a way that is sustainable, and retained for the benefit of the community; and
ensure an integrated approach to considering the location of housing, economic uses and community facilities and services.
The site forms part of a site that was identified in the Strategic Housing Land Availability Assessment 2014 (SHLAA), as a site promoted for housing
development (ID:398). This site remains allocated as a site for housing as set out in Appendix 4a of the Land Availability Assessment (LAA).
The LAA states that:“The site adjoins the settlement boundary (divided from it to the north and east by the roads) and is well situated in the context of the settlement pattern. The site is the subject of a current planning application for 18 dwellings (WA/2016/1209) and is therefore considered to be available.”
The LAA estimated a yield of 22 units with an estimated timescale for delivery of 1-5 years. A key part of the Council’s Interim Sustainability Report is the service appraisal, which is an assessment of a site’s accessibility to different services, which is widely recognised as one of the many indicators of the sustainability of the site.
The Waverley Settlement Hierarchy Factual Update (2012) refers to the level of different services available in Ewhurst. It has a small convenience shop, public house, recreation ground, school and church.
Officers accept that Ewhurst has some limited employment and community facilities, however, Paragraph 55 of the NPPF outlines that to promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of rural communities. The site lies adjacent to the defined settlement and is readily accessible on foot to the local services in the village. Further, there are bus services which run on the surrounding roads through the village. Officers are therefore satisfied the site is in a reasonably sustainable location for the village. In considering a recent appeal at a site nearby (Land at Backward Point, Ewhurst – APP/R3650/W/16/31509 and 0910), the Inspector outlined that Ewhurst has been identified to accommodate some new housing development in the 2016 Emerging Local Plan Part 1.
It is considered that the site is located within a relatively sustainable location in terms of access to services and facilities in the village and some public transport options to access facilities and services in wider settlement areas. As such, the principle of residential development in this location is considered to be acceptable. Although the site is outside of the defined settlement boundary of Ewhurst, it is considered to be very closely related to it and contains some existing housing around the site. Residential development of the application site would be seen in the context of existing surrounding residential development. The site is situated further away from the centre of the village in comparison to the Land at Backward Point site; however, it is
adjoined by two roads and is considered to be of suitable walking distance from the village centre.
Overall, the site is considered to be in a sustainable location for new residential development and would not be in an isolated location.
Housing Land Supply
Paragraph 159 of the NPPF states that local planning authorities should have a clear understanding of housing needs in their area, they should, inter alia, prepare a Strategic Housing Market Assessment to assess their full housing needs; and prepare a Strategic Housing Land Availability Assessment to establish realistic assumptions about the availability, suitability and the likely economic viability of land to meet the identified need for housing over the plan period.
Paragraph 47 of the NPPF states that local planning authorities should use their evidence bases to ensure their Local Plan meets the full needs for market and affordable housing in the Borough, and should identify and update annually a five-year supply of specific and deliverable sites against their housing requirements. Furthermore, a supply of specific, developable sites or broad locations for growth should be identified for years 6-11 and, where possible, 11-15. LPAs should also set their own approach to housing density to reflect local circumstances and to boost significantly the supply of housing.
Paragraph 49 of the NPPF continues that housing applications should be considered in the context of the presumption in favour of sustainable development.
The Council has published and updated its Housing Land Supply position, with a base date of 1 April 2017. This position is set out in the published ‘Waverley Responses to Inspector's Issues and Matters’ document dated 12 May 2017. The document sets out the housing requirement for the next five years based on West Surrey SHMA figures and various components of housing supply that the Council expects to come forward in that period. As it stands, this document demonstrates that the Council is able to meet its identified housing need. Therefore, the Council can demonstrate in excess of the requirements of paragraph 47 of the NPPF. Notwithstanding this point, the provision of up to 20 dwellings as proposed would make a significant contribution to housing supply.
Should outline permission be granted, the proposed development would be included within the Council’s housing land supply assessment and, therefore, would assist in contributing to the additional supply of housing for the
borough. This is a material consideration to be weighed against the other considerations for this application.
Housing Mix
The NPPF states that in order to deliver a wide choice of high quality homes, widen opportunities for home ownership and create sustainable, inclusive and mixed communities, local planning authorities should plan for a mix of housing based on current and future demographic trends; identify the size, type, tenure and range of housing that are required in particular locations, reflecting local demand; and where it is identified that affordable housing is needed, set policies for meeting this need on site, unless off-site provision or a financial contribution can be robustly justified.
Policy H4 of the Waverley Borough Local Plan 2002, in respect of housing mix, is considered to be broadly consistent with the approach in the NPPF. It outlines the Council’s requirements for mix as follows:
a) at least 50% of all the dwelling units within the proposal shall be 2bedroomed or less; and,
b) not less than 80% of all the dwelling units within the proposal shall be 3bedroomed or less; and,
c) no more than 20% of all the dwelling units in any proposal shall exceed165 square metres in total gross floor area measured externally,excluding garaging.
The density element of Policy H4 of the Waverley Borough Local Plan 2002 is given limited weight following the guidance in the NPPF which states that to boost significantly the supply of housing, local planning authorities should set their own approach to housing density to reflect local circumstances.
Rather than prescribing a minimum or maximum density, the NPPF sets out, at paragraph 47, that Local Planning Authorities should set out their own approach to housing density to reflect local circumstances.
The West Surrey Strategic Housing Market Assessment 2015 (SHMA) provides an updated likely profile of household types within Waverley. The evidence in the SHMA is more up to date than the Local Plan. However, the profile of households requiring market housing demonstrated in the SHMA at Borough level is broadly in line with the specific requirements of Policy H4.
Policy AHN3 of the Pre-Submission Local Plan states that the Council will require proposal for new housing to make provision for an appropriate range
of different types of housing to meet the need of the community, reflecting the most up to date evidence in the West Surrey Housing Market Assessment (SHMAA).
The West Surrey Strategic Housing Market Assessment (SHMA) 2015 sets out the likely profile of household types in the housing market area.
The West Surrey Strategic Housing Market Assessment 2015 (SHMA) sets out the likely profile of household types in the housing market area. The SHMA 2015 provides the following information with regards to the indicative requirements for different dwelling sizes.
Unit type 1 Bed 2 Bed 3 Bed 4+ Bed
Market 10 % 30% 40% 20%
Affordable 40% 30% 25% 5%
In addition to the West Surrey SHMA, the recently published West Surrey SHMA: Waverley Addendum 2015 provides more specific information for the Borough. This includes indicative requirements for different dwelling sizes for both market and affordable housing.
It is noted that the 2015 addendum provides a more up to date evidence base than the West Surrey SHMA 2015, but is considered to be the most appropriate and up to date evidence in terms of identifying local need.
The market dwelling mix proposed would comprise five 4-bed, five 3-bed, two 2-bed dwellings and one 1-bed dwelling. The proposed mix of market dwellings would provide a mix which as follows:
1 bed 2 Bed 3 bed 4 +bedProposed 1 (7.5%) 2 (15%) 5 (38%) 5(38%)SHMAA (10%) (30%) (40%) (20%)
The proposed affordable housing mix would be as follows:
1 bed 2 Bed 3 bed 4 +bedProposed 3 (43%) 2 (28.5%) 2 (28.5%) 0(0%)SHMAA (40%) (30%) (25%) (5%)
The total mix of housing proposed is as follows:
1 bed 2 Bed 3 bed 4 +bedProposed 4 (20%) 4 (20%) 7 (35%) 5(25%)
Having regard to these considerations, the proposed mix would fail to accord with Policy H4 of the Local Plan 2002 and the 2015 SHMA. However, as has already been stated, the density element of Policy H4 is out of date with policy in the NPPF which states that, to boost significantly the supply of housing, local planning authorities should set their own approach to housing density to reflect local circumstances. If one were to look at the scheme as a whole, 15 out of 20 of the proposed units are for three bedroom dwellings or less. The proposal was amended to provide a greater mix of smaller dwellings and provides a good variety of mix of dwellings which would contribute toward meeting the needs within the Borough. Further, the character of the surrounding area is one of detached dwellings of largely 3+ bedroom or more. The proposal includes a mixture of detached, semi-detached and terrace dwellings. Having regard to the character of the area, officers are satisfied that the proposal provides a sustainable mix of housing of an appropriate density that makes good use of the site.
More specifically, officers note that the need for 3-bed market dwellings represents a high percentage of the estimated need for the ‘rest of the Borough’ and that the proposed affordable mix of dwellings focuses on the smaller sized dwellings, which are most needed.
In summary, officers, therefore, consider that, whilst the proposal is not strictly Policy compliant, it provides a mix of housing with which to meet the identified local market and affordable need and is considered acceptable.
Affordable Housing
The NPPF outlines that to deliver a wide choice of quality homes, local planning authorities should identify where affordable housing is needed and identify policies for meeting this on site, unless off-site provision or a financial contribution can be robustly justified.
The Local Plan is silent with regards to the delivery of affordable dwellings in locations such as this. Specifically, there is no threshold or percentage requirement in the Local Plan for affordable housing on sites outside of settlements. This is because, within an area of restraint, housing development under the current Local Plan is unacceptable in principle, including affordable housing.
If, however, the principle of housing on this site is supported, then the provision of affordable housing could be regarded as a benefit of considerable weight to justify releasing the site from the countryside.
There is a considerable need for affordable housing across the Borough and securing more affordable homes is a key corporate priority.
As a strategic housing authority, the Council has a role in promoting the development of additional affordable homes to help meet need, particularly as land supply for development is limited. Planning mechanisms are an essential part of the Council’s strategy of meeting local housing needs.
Paragraph 50 of the NPPF states that local planning authorities should plan for a mix of housing based on current and future demographic trends, market trends and the needs of different groups in the community, and should identify the size, type, tenure and range of housing that are required in particular locations, reflecting local demand.
Policy AHN1 of the pre-Submission Local Plan states the Council will require a minimum of 30% affordable housing on all sites. Where on site provision is being made the mix of dwelling types, size and tenure splits should reflect the type of housing required in the most up-to-date assessments and the appropriateness of the site.
The Ewhurst Housing Needs Survey 2013 identified a total of 21 people who are in need of affordable housing. The greatest need for Ewhurst is for 1-bedroom properties. The proposal includes three 1-bed dwellings, two 2-bed dwellings and two 3-bed dwellings for affordable housing.
The proposed affordable housing mix would be as follows:
1 bed 2 Bed 3 bed 4 +bedProposed 3 (43%) 2 (28.5%) 2 (28.5%) 0(0%)SHMAA (40%) (30%) (25%) (5%)
The proposed affordable dwellings would therefore make a positive contribution to helping meet the demand for affordable homes in the local area.
Additionally, the West Surrey SHMA (2015) indicates a continued need for affordable housing, with an additional 337 additional affordable homes being required per annum.
As at 01.04.2016, there are 1506 households registered on the Council’s Housing Register, who are unable to access housing to meet their needs in the market, as shown in the table below alongside the SHMA recommended mix.
The application seeks to provide 35% affordable housing on the site, equating to 7 dwellings. As outlined above, the Council does not currently have an adopted Local Plan policy which captures the amount of affordable housing required for a site such as the application site as it is outside of any defined settlement. However, the proposal includes a provision of 35 %, which is in excess of the Local Plan Policy for sites within settlements and this provision is a material benefit to the scheme.
Although the side adjoins the settlement boundary of Ewhurst, one of the RD1 settlements in which a rural exception approach can be taken, this site is not being proposed as a rural exception site. Rural exception sites are small-scale developments of 100% affordable housing, developed with the support of the Parish Council in a mix to meet the local need demonstrated by a rural housing needs survey.
As this scheme does not meet the rural exception test, Policy H6 is not relevant to this application. It is expected that the affordable homes will be available to households in housing need from across the Borough (rather than being restricted to those with a local connection to Ewhurst and Ellen’s Green).
The Council’s Housing Enabling officer is satisfied that the bed size mix proposed reflects the Borough-wide need for affordable housing set out in the 2015 SHMA but advises that feedback from Registered Providers (housing associations) will be important in determining the final affordable bed size and tenure mix.
The 2015 SHMA recommends that new affordable homes be provided in a mix of 70% rent and 30% intermediate tenures e.g. shared ownership. For shared ownership housing, 2-beds are preferred over 1-beds because many single people and couples aspire to purchase a 2-bed property.
The required section 106 agreement to secure the affordable housing provision has yet to be completed and, therefore, this should be taken into account in the recommendation. Subject to completion of the Section 106 agreement to secure the affordable housing provision, officers consider the level of affordable housing to be appropriate and a benefit in favour of the scheme.
Highway considerations
The National Planning Policy Framework 2012 outlines that transport policies have an important role to play in facilitating sustainable development but also in contributing to wider sustainability and health objectives. In considering developments that generate significant amounts of movements local authorities should seek to ensure they are located where the need to travel will be minimised and the use of sustainable transport modes can be maximised. Plans and decisions should take account of whether improvements can be taken within the transport network that cost-effectively limit the significant impact of the development.
Paragraph 32 of the NPPF states: “All developments that generate significant amounts of movement should be supported by a Transport Statement or Transport Assessment. Plans and decisions should take account of whether:
the opportunities for sustainable transport modes have been taken up depending on the nature and location of the site, to reduce the need for major transport infrastructure;
safe and suitable access to the site can be achieved for all people; and improvements can be undertaken within the transport network that cost
effectively limit the significant impacts of the development.
Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe”.
Local Plan Policy M4 states that the Council will seek to improve conditions for pedestrians by providing or securing safe and attractive pedestrian routes and facilities in both urban and rural areas. Developments should include safe, convenient and attractively designed pedestrian routes linking to existing or proposed pedestrian networks, to public open space, to local facilities and amenities, or to public transport.
The County Highway Authority (CHA) is satisfied that the proposed access and number of dwellings proposed can be safely accommodated without detrimental impact on highway and pedestrian safety, subject to recommended conditions. Detailed comments from the CHA are outlined in the above Consultation section of this report.
The proposal would create a new access and, as set out within the Transport Statement which forms part of this application, this has been met with no objections from the County Highway Authority The amended site layout plan shows that each proposed dwelling would have its own car parking spaces in accordance with the Council’s Supplementary Planning Guidance (Parking Guidelines - October 2013). Further, some plots would exceed the guidance in terms of on-site parking, which officers consider to be a benefit. Policy D9 of the Local Plan is concerned with accessibility and states that development involving buildings or spaces to which the public have access as visitors, customers or employees should provide or improve accessibility for everyone, including people with disabilities and those with young children. In particular: ‘(a) there should be easy and prominent alternatives to steps to access the development and all external doorways should be wide enough for wheelchair access; (b) hard and soft landscaping and surfacing should have regard to the needs of people with disabilities, including those with visual impairment.’ Officers suggest that such details would be a matter for reserved matters. The Highway Authority is therefore satisfied that movement strategy for the development would enable all highway users to travel to/from the site with safety and convenience.
The County Highway Authority has raised no objection to the original proposal, subject to conditions. Further, the County Highway Authority has not raised objection to the amended proposal to increase the dwellings from 18 to 20. Having regard to the expert views of the County Highway Authority, the
proposal is considered to be acceptable in terms of highway safety and capacity considerations. In this regard, it is considered that the proposals would not have an adverse effect upon the strategic road network. The proposal includes the provision of a new 1.8 m wide pedestrian pavement from the new access point on Cranleigh Road toward the existing bus stop to the east. The applicants have provided swept path analysis which demonstrates that a refuse vehicle could enter and leave the site safely in a forward gear:
In addition to highway safety and capacity considerations, the scheme must also be acceptable in terms of sustainability. The NPPF advises that plans and decisions for developments that generate a significant amount of traffic should take account of whether opportunities for sustainable transport modes have been taken up depending on the nature and location of the site, to reduce the need for major transport infrastructure. The NPPF supports the adoption of local parking standards for both residential and non-residential development. The Council has adopted a Parking Guidelines Document which was prepared after the Surrey County Council Vehicular and Cycle Parking Guidance in January 2013. Development proposals should comply with the appropriate guidance as set out within these documents.
The Council’s adopted Parking Guidelines (2013) set out the following guidelines for new residential development:
Dwelling size No. of spaces No units Spaces Required
Spaces proposed
1-bedroom 1 4 4 42-bedroom 2 4 8 83-bedroom 2.5 7 17.5 19
4+-bedroom 2.5 5 12.5 17Visitor n/a 1
The proposal outlines that it would provide on-site vehicle parking in excess of the above guidelines. Further, officers are satisfied cycle storage could be accommodated within each residential plot either within sheds or the proposed garages. Taking into account the site layout, officers conclude that the appropriate level of vehicle parking could be achieved.
As such, the proposal would comply with Policies M1 and M4 of the Waverley Borough Local Plan 2002 as well as the transport sustainability requirements of the National Planning Policy Framework.
Impact on character of Countryside beyond the Green Belt
The site is located within the Countryside beyond the Green Belt outside any defined settlement area. The NPPF states that, as a core planning principle the intrinsic character and beauty of the countryside shall be recognised. Policy C2 of the Local Plan states that building in the countryside, away from existing settlements will be strictly controlled.
The latest housing land supply figures confirm that the Council can meet its objectively assessed housing need. Policy C2 of the Local Plan therefore now carries significant weight; however, it should be noted that this is not full weight as Policy C2 does refer to protection for ‘its own sake’, whereas the NPPF places emphasis on protecting the intrinsic character and beauty of the Countryside.
Policy RE1 of Part 1 of the Draft Local Plan recognises the intrinsic beauty of the countryside and seeks to safeguard it in accordance with the NPPF.
The site forms paddock land which is undeveloped. The site, in its current form, acts as a natural green buffer between the residential development to the north, north west and east and the open land to the south and south-west.
To the north of the site are the residential properties on Cranleigh Road. Trees and hedgerows run along the southern and northern boundary in particular. Beyond the southern boundary are the open lands which also adjoin Gadbridge Farm. On the opposite side of Gadbridge Lane is established residential development.
The north elevation along Cranleigh Road will facilitate a new access road and roads accessing the affordable housing to the west and the market housing to the east and south of this access will open up the site and
necessitate a significant reduction in the natural screening on the northern boundary. That said, the retained hedgerow is likely to be similar in appearance to that on the opposite side of Cranleigh Road where existing residential dwellings are situated. The extensive natural screening along the south and south eastern boundary is sough to be retained. The development seeks to maintain the character of the surrounding area and the resultant residential character would not be out of keeping with the surroundings. The site is surrounded by residential plots on its northern and eastern boundaries and should be read in the context of the village envelope.
The proposal would replace open paddock land with substantial, urban built form. Whilst the development would be harmful to the character and appearance of the open field, it is officers’ view that the site’s spatial location would reduce the harm to the character and appearance of the open countryside beyond the application site. Officers consider the natural tree lined southern boundary, would provide a natural buffer between the proposed dwellings and the open agricultural land beyond. It is considered that any harm caused would be mitigated by the retained natural screening.
The number of dwellings proposed would result in a density of residential development that would be higher than the existing residential development to the south on Cranleigh Road at approximately 24 dwellings per hectare. Although this would result in a notably different form of development to that existing on Cranleigh Road, officers do not consider that it would cause visual harm due to its self-contained location and separation distance to the surrounding residential properties. Further, the provision of a single access off Cranleigh Road would allow for the retention of the boundary hedge which would act as a natural buffer between the road and the front of the proposed residential properties that would face Cranleigh Road. Officers consider that the proposal would create a residential development in a location where it would be in keeping with the surrounding residential development.
The existing access off Gadbridge Lane would be enhanced to provide access to plots 19 and 20. Gadbridge Lane is a smaller road in comparison to Cranleigh Road. Plots 19 and 20 would be positioned in a gap between Sunset Cottage to the north and Gadbridge Farm to the south. Plots 19 and 20 would be set behind the existing building line of these neighbouring properties. Existing dwellings on the eastern side of Gadbridge Lane are set back from the road. The plots sizes for 19 and 20 are of lower density than the remainder of the site. Officers consider these plots would be in-keeping with the low density development on Gadbridge Lane.
Officers recognise the site forms part of the countryside immediately outside of the settlement of Ewhurst. Officers consider that, by virtue of the site’s location and form being somewhat set back from the surrounding road network, there would be limited wider visual impact on the countryside. The impact on the designated countryside is, however, one of many material considerations in the assessment of this case. The impact upon the open character and beauty of the countryside should be weighed in the planning balance. Accordingly, when taken as a whole, officers consider that, on balance, the proposed development would not give rise to any significant harm to the character and appearance of the countryside.
Heritage: Impact on the Setting of a Listed Building
Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 states that in considering applications which affect Listed Buildings, Local Planning Authorities must have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. In accordance with this, the NPPF and Policies HE1, HE3 and HE5 of the Local Plan 2002 state that development should preserve or enhance the character and setting of Listed Buildings.
Policy HE3 outlines that where development is proposed that will affect a listed building or its setting, high design standards will be sought to ensure that the new development is appropriate and compatible in terms of siting, style, scale, density, height, massing, colour, materials, archaeological features and detailing.
Policy HA1 of the Pre-Submission Local Plan requires the Council to ensure that the significant of the heritage assets within the Borough are conserved and enhanced to ensure the continued protection and enjoyment of the historic environment.
Paragraph 128 of the NPPF states that ‘Local Planning Authorities should require and applicant to describe the significance of any heritage assets affected, including any contribution made to their setting. The level of detail should be proportionate to the assets’ importance and no more than is sufficient to understand the potential impact of the proposal on their significance’.
Paragraph 129 of the NPPF states that ‘Local Planning Authorities should identify and assess the particular significance of any heritage asset that may be affected by a proposal (including by development affecting the setting of a heritage asset) taking account of the available evidence and any necessary expertise. They should take this assessment into account when considering
the impact of a proposal on a heritage asset, to avoid or minimise conflict between the heritage assets conservation and any aspect of the proposal.
The definition of ‘heritage asset’ in the NPPF includes Listed Buildings.
The NPPF defines ‘significance’ as the value of a heritage asset to this and future generations because of its heritage interest. Significance derives not only from a heritage assets physical presence, but also from its setting.
Paragraphs 131 states that, ‘in determining planning applications, local planning authorities should take account of the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation; the positive contribution that conservation of heritage assets can make to sustainable communities including their economic vitality; and the desirability of new development making a positive contribution to local character and distinctiveness’.
Paragraph 132 states ‘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. The more important the asset, the greater the weight should be. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. As heritage assets are irreplaceable, any harm or loss should require clear and convincing justification. Substantial harm to or loss of a grade II listed building… should be exceptional’.
Paragraph 133 states that ‘Where a proposed development will lead to substantial harm to or total loss of significance of a designated heritage asset, local planning authorities should refuse consent, unless it can be demonstrated that the substantial harm or loss is necessary to achieve substantial public benefits that outweigh that harm or loss, or all of the following apply:
The nature of the heritage asset prevents all reasonable uses of the site; and
No viable use of the heritage asset itself can be found in the medium term through appropriate marketing that will enable its conservation; and
Conservation by grant funding or some form of charitable or public ownership is demonstrably not possible; and
The harm or loss is outweighed by the benefit of bringing the site back into use.
Paragraph 134 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 securing its optimum viable use.’
Gadbridge Farm is a Grade II Listed Building which is to the immediate south-east of the site and south of plots 19 and 20. The Council’s Heritage and Conservation Officer raised an objection to the original 5 bed houses with detached double garages proposed. As a consequence the applicant submitted amended plans for these plots showing as being of a smaller scale and footprint with the detached double garages removed. One letter of objection received since then welcomed these changes whilst maintain the objection to the overall scheme. The Council’s Heritage and Conservation Officer considers that the amendments are acceptable and have overcome his objections to the adverse impact on the setting of this Listed Building. it is further considered that the amendment to the mix and number of dwellings would not cause harm to the setting of this listed building.
Officers are satisfied the proposal would not cause harm to the setting of this listed building or significance of the designated heritage asset. The proposal would therefore preserve the setting of the heritage asset in accordance with Policy HE3 of the Local Plan and the NPPF.
Impact on trees
The NPPF states that planning permission should be refused for development resulting in the loss or deterioration of aged or veteran trees found outside ancient woodland, unless the need for, and benefits of, the development clearly outweigh the loss.
Policies D6 and D7 broadly support the aims of the NPPF stating that the Council will protect significant trees and groups of trees and hedgerows through planning control.
The application has been accompanied with an Arboricultural Impact Assessment (AIA) and tree protection plan. The Council’s Tree and Landscape Officer noted that the site is a field/paddock situated in the area of Low Weald countryside, an area that forms a key part of the current transition from the village development. The new access to Cranleigh Road would result in the loss of some hedgerow. The hedgerow along the northern boundary makes a valuable contribution to the character of the area, providing a natural division between the existing dwellings on the north side of the road and the existing site to the south. The loss of the hedgerow has been kept to a minimum to allow for vehicle and pedestrian access and visibility splays. The loss of the section of hedgerow is to be weighed in the overall balance of the
acceptability and benefits of the scheme. This is to be done in the conclusion of the report. The principal tree directly affected is an off-site oak in the field to the South which will require both pruning to construct/erect and installation of hard standing within its industry standard recommended root protection area but this could be reasonably controlled/achieved by condition.
Landscaping is a reserved matter, however, it is considered that the proposed site layout would allow for additional planting throughout the development. Further standard tree protection conditions are suggested. Impact on visual amenity
The NPPF attaches great importance to the design of the built environment as a key part of sustainable development. Although planning policies and decisions should not attempt to impose architectural styles or particular tastes, they should seek to promote or reinforce local distinctiveness. Policies D1 and D4 of the Local Plan 2002 and Policy TD1 of part 1 of the Draft Local Plan accord with the NPPF in requiring development to have high quality design and to be well related in size, scale and character to its surroundings.
The scheme would replace an area of paddock, albeit one which is subject to significant natural screening. Much of this would be retained and, where there is loss, this will be similar to that along the opposite side of Cranleigh Road.
Whilst design and scale are reserved matters, the applicant has provided indicative elevations of the proposed dwellings. A variety of design is proposed throughout the scheme, which would include traditional external materials throughout. All proposed dwellings are indicated to be two storey. Whilst these aspects are reserved matters, when viewed in combination with the proposed site plan, officers are satisfied that it has been demonstrated that 20 dwellings could be accommodated on the site in an acceptable layout as shown.
The detail of screening and landscaping are reserved matters and it is material that the Council’s Tree and Landscaping Officer raises no objection on these grounds.
Overall, officers consider that the proposed site layout provides a good layout with good sized dwellings and associated private outdoor amenity space. The proposed position of the children’s play area at the southern end, away from the Cranleigh Road, is considered to be a good location for such a facility. As
such, the proposal is considered to accord with Policies D1 and D4 of the Local Plan and the NPPF in this regard.
Impact on residential amenity
The NPPF identifies that within the overarching roles that the planning system ought to play, a set of core land use planning principles should underpin both plan-making and decision making. These 12 principles include that planning should seek to secure a good standard of amenity for all existing and future occupants of land and buildings. These principles are supported by Policies D1 and D4 of the Local Plan and guidance contained within the Council’s SPD for Residential Extensions.
The character of the site would clearly change and would affect the outlook and views from surrounding/neighbouring properties. Whilst scale is a reserved matter, the layout proposed is shown to be fixed. The nearest neighbouring residential properties to the site are Sunset Cottage to the north-east, Windy Ridge and Gadbridge Cottage to the west and Gadbridge Farm to the south.
The rear outlook of Sunset Cottage faces west, along with its main rear outdoor amenity space. Plot 18 would be sited the closest to this neighbouring property. The flank side elevation of Plot 18 would be sited at 5.5 m from the eastern boundary, and a total of 18.5m from the rear elevation of Sunset Cottage. As the side elevation would be facing this neighbouring property, the front and rear elevations would be facing away. These would provide the main habitable room windows and outlook. The final details of floorplans and elevations of Plot 18 would be captured under a reserved matters application which would provide a further assessment on the position of windows in relation to Sunset Cottage. Taking into account the position of plot 18 from the eastern boundary and its western position to Sunset Cottage, officers are satisfied that it would not have a materially harmful effect on the sunlight or daylight received to Sunset Cottage and its outdoor amenity area.
Plot 19 would be sited to the south of Sunset Cottage and would have a north flank side elevation that would face this neighbouring property. Plot 19 would be positioned 2.5m from the north boundary at its closest point. Although the outlook from Sunset Cottage southwards would be affected, officers do not consider that Plot 19 would cause an overbearing impact or have a materially harmful effect on sunlight or daylight. Any reserved matters application would secure the final position of windows and height of plot 19 and, as such, officers are satisfied that this plot would not cause material harm to Sunset Cottage.
The nearest proposed dwelling to Gadbridge Farm would be plot 20, sited at 6.0m to the southern boundary, and 16.5m to its nearest north elevation. The southern boundary comprises dense tree cover and officers are satisfied that the position and orientation of plot 20, and the other proposed dwellings, would not cause material harm to the amenities of this neighbouring property.
Plot 1 would be positioned east of neighbouring property Windy Ridge. Plot 1 would break the rear building line with Windy Ridge by 3.5 m and be positioned at a distance of 2.5 m from the west boundary. Although a section of plot 1 would be clearly visible from the immediate rear of Windy Ridge, it would not breach the 45 degree guideline rule set out in the Council’s Residential Extensions SPD when taken from rear facing habitable rooms. The main outlook of Windy Ridge is south and taking into account the position of plot 1, and other proposed dwellings, officers are satisfied the proposed site layout would not cause material planning harm to the amenities of Windy Ridge, or Gadbridge Cottage beyond.
Other surrounding residential properties to the site comprise properties on the northern side of Cranleigh Road and eastern side of Gadbridge Lane.
Officers acknowledge that the outlook from neighbouring properties would clearly alter with the proposed development, and in particular those of Sunset Cottage and Windy Ridge. However, taking into account the proposed site layout, officers are satisfied that the proposal would not cause material harm in planning terms and would be an acceptable residential layout.
Further, the new access off Cranleigh Road would result in vehicles entering and exiting the site opposite existing dwellings on the northern side of this road. Taking into account the distance between these neighbouring properties and the proposed access, officers raise no objection to this future relationship.
Officers are, therefore, satisfied that subject to conditions and final details of scale, design and landscaping under reserved matters, the number of residential units could be accommodated on site without causing material harm to surrounding residential occupiers.
The living conditions of the future residents of the proposed dwellings is a material consideration. Based on the proposed site layout, officers consider that a good level of amenity would be provided for each proposed dwelling. All private outdoor garden spaces would achieve some south facing sunlight and there would not be any north facing gardens. Further, the spacing between the proposed dwellings would be of a good standard and would result in good living conditions.
Overall, officers are satisfied that at the proposed development does not give rise to any adverse impacts with regard to residential amenity and is considered compliant with Policies D1 and D4 of the Local Plan, the principles within the Residential Extensions SPD 2010 and the NPPF. Provision of amenity and play space
On promoting healthy communities, the NPPF sets out that planning policies and decisions should aim to achieve places which promote safe and accessible developments, with high quality public space which encourage the active and continual use of public areas. These should include high quality open spaces and opportunities for sport and recreation which can make an important contribution to the health and well-being of communities.
Paragraph 70 of the NPPF 2012 supports this by stating that planning policies and decisions should ensure an integrated approach to considering the location of housing, economic uses and community facilities and services.
Policy H10 of the Local Plan addresses amenity and play space in housing developments. Although there are no set standards for garden sizes, the policy requires that a usable ‘outdoor area’ should be provided in association with residential development and that ‘appropriate provision for children’s play’ is required. For developments of flats or maisonettes, Policy H10 sets out that outdoor space may be for communal use rather than as private gardens.
Policy LRC1 of the pre-Submission Draft Local Plan expects new residential development to make provision for play space.
Policy TD1 of the Draft Local Plan Part 1 refers to maximising opportunities to improve the quality of life and health and well being of current and future residents. Such opportunities include, inter alia, the provision of private, communal and public amenity space and on site playspace provision (for all ages).
The proposal includes an area for a play area at the southern end of the site. The position of this is considered to be acceptable as it would be sited away from vehicle movement and the main surrounding roads. Final details of this facility would be captured and secured under condition and at any future reserved matters application.
It is indicated that each proposed dwelling would have a private outdoor amenity space. The specific sizes of each outdoor amenity space is secured under the site layout and would provide a good variety of sizes. Of particular
reference is the provision of good sized outdoor garden spaces for each 1-bedroom dwelling.
The proposal is considered to make appropriate amenity space provision so as to provide a good standard of accommodation for future occupants and accords with Policy H10 of the Waverley Borough Local Plan 2002.
Flood risk and drainage considerations
Paragraph 100 of the NPPF states that inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at high risk, but where development is necessary, making it safe without increasing flood risk elsewhere.
Paragraph 101 of the NPPF states that the aim of the Sequential Test is to steer new development to areas with the lowest probability of flooding. Development should not be allocated or permitted if there are reasonably available sites appropriate for the proposed development in areas with a lower probability of flooding. The Strategic Flood Risk Assessment will provide the basis for applying this test. A sequential approach should be used in areas known to be at risk from any form of flooding.
Paragraph 103 of the NPPF states that when determining planning applications, local planning authorities should ensure flood risk is not increased elsewhere and only consider development appropriate in areas at risk of flooding where, informed by a site-specific flood risk assessment following the Sequential Test, and if required the Exception Test, it can be demonstrated that:
within the site, the most vulnerable development is located in areas of lowest flood risk, unless there are overriding reasons to prefer a different location; and
development is appropriately flood resilient and resistant.
In a Written Ministerial Statement on the 18th December 2014, the Secretary of State for Communities and Local Government set out the Government’s expectation that sustainable drainage systems (SuDS) will be provided in new developments, wherever this is appropriate.
Decisions on planning applications relating to major developments should ensure that SuDS for the management of run-off are put in place, unless demonstrated to be inappropriate. Under these arrangements, Local Planning Authorities should consult the relevant Lead Local Flood Authority (LLFA) on the management of surface water; satisfy themselves that the proposed
minimum standards of operation are appropriate and ensure through the use of planning conditions or planning obligations that there are clear arrangements in place for ongoing maintenance over the lifetime of the development. The SuDS should be designed to ensure that the maintenance and operation requirements are economically proportionate.
The NPPG states that whether SuDS should be considered will depend on the proposed development and its location, for example where there are concerns about flooding. SuDS may not be practicable for some forms of development. New development should only be considered appropriate in areas at risk of flooding if priority has been given to the use of SuDS. When considering major development, SuDS should be provided unless demonstrated to be inappropriate. Whether a SuDS system is appropriate to a particular development proposal is a matter of judgement for the Local Planning Authority and advice should be sought from relevant flood risk management bodies, principally the LLFA.
Policy CC4 of the Part 1 Draft Local Plan 2016 mirrors the guidance set out in the NPPF and NPPG and the requirement for Sustainable Drainage systems (SuDS) on major developments (10 or more units). The site lies within Flood Zone 1 as outlined in Table 2 of the NPPF – Technical Guidance Document. It is not, therefore, necessary to consider the sequential or exception tests in this instance.
The application, however, relates to a major development and, although the site area does not exceed 1 ha, a site specific Flood Risk Assessment (FRA) has been submitted with the application.
The FRA outlines that the site is not susceptible to either tidal or fluvial flooding and that no risk has been identified from other sources, such as overland flow, ground water, sewers and artificial sources The applicants have submitted a Drainage Strategy. This outlines that the existing ground conditions at the site comprise clay ground conditions with topsoil overlay. The Drainage Strategy outlines that a number of drainage techniques for the site have been explored. However, it is outlined that the use of SuDS infiltration techniques across the site are not practical for discharge of run-off from the site, and there are no watercourses or ditches within or adjacent to the proposed development. Therefore, it is outlined that the only option is to discharge to the nearest Thames Water sewer network. The proposal outlines that the discharge rate to the sewer network would be no greater than the existing greenfield run-off rate. There are existing foul networks pipes laid along the adjacent, Cranleigh Road and Gadbridge Lane to the north and east of the site, respectively.
To accommodate the restricted discharge rate of the surface water run-off, attenuation tanks will be provided and designed to cater for a storm with a 1 in 100 year probability plus 30% allowance for climate change. These would be provided as 5 separate tanks (below ground) on site. The two discharge points would be to the east on Gadbridge Lane (Plots 19 and 20 only) and to the north on Cranleigh Road (for all remaining dwellings). The discharge off site would be controlled with hydro brakes.
The Lead Local Flood Authority (LLFA) has considered these proposals and has confirmed that the drainage proposals satisfy the requirements of the NPPF and NPPG. It has further recommended that, should permission be granted, suitable conditions should be imposed to ensure that the SuDS scheme is properly implemented and maintained throughout the lifetime of the development.
Thames Water has raised no objection to the proposed Drainage Strategy and no objections to the proposal on grounds of sewerage infrastructure capacity and water infrastructure capacity.
Having regard to the submitted Flood Risk Assessment, together with the comments and recommended conditions from the LLFA, it is considered that the proposal has adequately addressed flood risk, surface water and ground water flooding risk in accordance with the NPPF 2012.
The LLFA response is set out in truncated form in the ‘Consultation Response’ section of this report.
Noise Impacts
Paragraph 123 of the NPPF states that Planning policies and decisions should aim to:
avoid noise from giving rise to significant adverse impacts on health and quality of life as a result of new development;
mitigate and reduce to a minimum other adverse impacts on health and quality of life arising from noise from new development, including through the use of conditions;
recognise that development will often create some noise and existing businesses wanting to develop in continuance of their business should not have unreasonable restrictions put on them because of changes in nearby land uses since they were established; and
identify and protect areas of tranquillity which have remained relatively undisturbed by noise and are prized for their recreational and amenity value for this reason.
Policy CC2 of the Council’s Pre-Submission Local Plan underlines the Council’s commitment to sustainable development through inter alia minimising construction and demolition waste and promoting the re-use and recycling of building materials.
The Council’s Environmental Health Officer has not raised objection to the proposal subject to informatives as set out in the ‘Consultation Response’ section above.
Officers consider that noise from construction works would be likely to have some effect upon surrounding residential land uses, mainly the movement of construction vehicles along the existing access road. Therefore, it is necessary to mitigate against and minimise the impact of the noise levels. Officers are content that the impact could be minimised and mitigated through the imposition of a Construction Environmental Management Plan, which would be secured by condition if permission is granted. This would also detail hours and days for the construction period.
Air quality impacts
Paragraph 109 of the NPPF states that the planning system should contribute to and enhance the natural and local environment by: inter alia preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of soil, air, water or noise pollution or land instability.
Paragraph 120 of the NPPF states that planning decisions should ensure that new development is appropriate for its location.
The effects (including cumulative effects) of pollution on health, the natural environment or general amenity, and the potential sensitivity of the area of the area or proposed development to adverse effects from pollution, should be taken into account.
Paragraph 124 states that planning policies should sustain compliance with and contribute towards EU limit values or national objectives for pollutants, taking into account the presence of Air Quality Management Areas and the cumulative impacts on air quality from individual sites in local areas. Planning decisions should ensure that any new development in Air Quality Management Areas is consistent with the local air quality action plan.
Policy D1 of the Waverley Borough Local Plan 2002 states that the Council will have regard to the environmental implications of development and will promote and encourage enhancement of the environment. Development will not be permitted where it would result in material detriment to the environment by virtue of inter alia (c) loss of general amenity, including material loss of natural light and privacy enjoyed by neighbours and disturbance resulting from the emission of noise, light or vibration; (d) levels of traffic which are incompatible with the local highway network or cause significant environmental harm by virtue of noise and disturbance; (e) potential pollution of air, land or water, including that arising from light pollution and from the storage and use of hazardous substances
In the same vein, Policy D2 states that the Council will seek to ensure that proposed and existing land uses are compatible. In particular inter alia (a) development, which may have a materially detrimental impact on sensitive uses with regard to environmental disturbance or pollution, will not be permitted.
The introduction of residential properties to the area may expose the future occupants to air pollution associated with road traffic and is likely to increase road usage in the area by the occupants.
There are also potential concerns relating to local air quality through any potential emissions during the construction phases of the project, affecting existing receptors in the area through potential fugitive dust emissions and by increased traffic to the site during development.
It should be noted that the impact of dust and emissions from construction could have an impact on local air quality. The proposal would increase vehicular traffic movement to and from the site which could have an additional effect on the air quality in this location.
Notwithstanding the above, in the event that permission is granted, officers are satisfied that impact upon air quality could be suitably controlled through conditions to include the requirement for a Construction Site Management Plan.
Archaeological Considerations
Paragraph 128 of the NPPF sets out that in determining applications, local planning authorities should require an applicant to describe the significance of any heritage assets affected, including any contribution made by their setting.
The level of detail should be proportionate to the assets’ importance and no more than is sufficient to understand the potential impact of the proposal on their significance. As a minimum the relevant historic environment record should have been consulted and the heritage assets assessed using appropriate expertise where necessary.
Where a site on which development is proposed includes or has the potential to include heritage assets with archaeological interest, local planning authorities should require developers to submit an appropriate desk-based assessment and, where necessary, a field evaluation. The site is not located within an Area of High Archaeological Potential. However, due to the size of the site and pursuant to Policy HE15 of the Local Plan, it is necessary for the application to take account of the potential impact on archaeological interests.
The response of the County Archaeologist is set out in the consultation response section above. As little is know about this site in this regard, a desk based assessment is unlikely to provide sufficient detail to determine the presence or absence of archaeological remains and so in order to comply with the policy, an archaeological field evaluation will be required. It is considered that this can be achieved through a suitably worded planning condition. Crime and Disorder
S17(1) of the Crime and Disorder Act 1998 places a duty to consider crime and disorder implications on local authorities. In exercising its various functions, each authority should have due regard to the likely effect of those functions on, and the need to do all that it can to prevent, crime and disorder in its area. This requirement is reflected in the National Planning Policy Framework, which states that planning policies and decisions should promote safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion.
Paragraph 69 of the National Planning Policy Framework 2012 highlights that the planning system can play an important role in facilitating social interaction and creating healthy, inclusive communities.
To this end, planning policies and decisions should aim to achieve places which promote inter alia safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion.
The proposal has been designed to have an active internal road frontage, with the fronts of dwellings facing the road. Surrey Police have some suggested conditions to ensure a further improvement to the security involving some
minor revision of the site layout. Overall, officers are satisfied the proposal would create a sense of community and place within the site and would not lead to crime and disorder in the wider community. The principle of development and proposed access would not be likely to give rise to crime and disorder in the area.
Infrastructure
Policy D13 of the Local Plan states that “development will only be permitted where adequate infrastructure, services and facilities are available, or where the developer has made suitable arrangements for the provision of the infrastructure, services and facilities directly made necessary by the proposed development. The Council will have regard to the cumulative impact of development, and developers may be required to contribute jointly to necessary infrastructure improvements”.
Local Plan Policy D14 goes on to set out the principles behind the negotiation of planning obligations required in connection with particular forms of new development. The current tests for legal agreements are set out in Regulation 122 (2) of the CIL Regulations 2010 and the guidance within the NPPF.
The three tests as set out in Regulation 122(2) require s106 agreements to be:
Necessary to make the development acceptable in planning terms; Directly related to the development; and Fairly and reasonably related in scale and kind to the development.
The NPPF emphasises that to ensure viability, the costs of any requirements likely to be applied to development, such as infrastructure contributions should, when taking account of the normal cost of development and mitigation, provide competitive returns to a willing land owner and willing developer to enable the development to be deliverable.
From 6th April 2015, CIL Regulation 123 was amended to mean that the use of pooled contributions under Section 106 of the Town Country Planning Act are restricted.
At that point, no more may be collected in respect of a specific infrastructure project or a type of infrastructure through a Section 106 agreement, if five or more obligations for that project or type of infrastructure have already been entered into since 6th April 2010 and it is a type of infrastructure that is capable of being funded by CIL.
In the light of the above change, the infrastructure providers have been requested to confirm that the identified contributions contained within the PIC calculator meet the tests of CIL Regulations 122 and 123. The final obligations to be included within the Section 106 agreement will need to satisfy the tests of the Regulations.
The following contributions were therefore sought and justified under the original scheme:
- £12,115 toward Early Years infrastructure at the Ewhurst CofE Infant School to provide a new pre-school classroom following demolition of existing.
- £68,777 toward Primary Education infrastructure at the Cranleigh CofE primary school to provide additional reception classrooms in the form of new build to allow the school to accommodate more children.
- £540 toward bins and recycling containers.
The proposed contributions would not result in the pooling of more than 5 contributions towards one specific piece of infrastructure. The infrastructure improvements required would therefore comply with CIL Regulations 122 and 123.
The amended scheme from 18 to 20 dwellings could affect the contributions sought above. As such, the infrastructure providers have been re-consulted on the amended scheme and an update will be given to the committee.
The applicant has not completed a Section 106 Agreement to secure the contributions; however, they have outlined that they are willing to enter into this. The recommendation should therefore reflect this requirement. Subject to the completion of the S106 agreement to secure the above contributions, the proposal would comply with Policies D13 and D14 of the Local Plan.
Health and Wellbeing
Local Planning Authorities should ensure that health and wellbeing, and health infrastructure are considered in local and neighbourhood plans and in planning decision making. Public health organisations, health service organisations, commissioners and providers, and local communities should use this guidance to help them work effectively with local planning authorities in order to promote healthy communities and support appropriate health infrastructure.
The NPPG sets out that the range of issues that could be considered through the plan-making and decision-making processes, in respect of health and healthcare infrastructure, include how:
development proposals can support strong, vibrant and healthy communities and help create healthy living environments which should, where possible, include making physical activity easy to do and create places and spaces to meet to support community engagement and social capital;
the local plan promotes health, social and cultural wellbeing and supports the reduction of health inequalities;
the local plan considers the local health and wellbeing strategy and other relevant health improvement strategies in the area;
the healthcare infrastructure implications of any relevant proposed local development have been considered;
opportunities for healthy lifestyles have been considered (e.g. planning for an environment that supports people of all ages in making healthy choices, helps to promote active travel and physical activity, and promotes access to healthier food, high quality open spaces and opportunities for play, sport and recreation);
potential pollution and other environmental hazards, which might lead to an adverse impact on human health, are accounted for in the consideration of new development proposals; and
access to the whole community by all sections of the community, whether able-bodied or disabled, has been promoted.
The provision of open space in the scheme and private outdoor amenity space for the dwellings is considered to be positive in terms of the health and well being of future residents. Further, the site has good pedestrian links to the centre of Ewhurst Village towards the north-east.
Officers conclude that the proposed development would ensure that health and wellbeing, and health infrastructure have been suitably addressed in the application.
Financial Considerations
Section 70 subsection 2 of the Town and Country Planning Act 1990 (as amended) states that any local financial considerations are a matter to which local planning authorities must have regard to in determining planning applications; as far as they are material for the application.
The weight to be attached to these considerations is a matter for Committee/decision maker.
Local financial considerations are defined as grants from Government or sums payable to the authority under the Community Infrastructure Levy (CIL). This means that the New Homes Bonus (NHB) is capable of being a material consideration where relevant. In the current case, the approval of the application would mean that the NHB would be payable for the net increase in dwellings from this development. The Head of Finance has calculated the indicative figure of £1,450 per net additional dwelling (total of £29,000 per annum for six years). A supplement of £350 (£2,450) over a 6 year period is payable for all affordable homes provided for in the proposal.
Biodiversity and compliance with Habitat Regulations 2010
The NPPF requires that when determining planning application, local planning authorities should aim to conserve and enhance biodiversity by applying the following principles:
If significant harm resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for then planning permission should be refused.
In addition, Circular 06/2005 states ‘It is essential that the presence or otherwise of protected species and the extent that they may be affected by the proposed development, is established before planning permission is granted.’
Policy NE1 of the Pre-Submission Local Plan seeks to conserve and enhance biodiversity and development will be permitted where it retains protects and enhances features of biodiversity and ensures appropriate management mitigation and where possible and avoidance of any potential adverse impacts of a development.
The application property does not fall within a designated SPA, SAC, SNCI or SSSI.
Surrey Wildlife Trust (SWT) notes the applicant has submitted ‘Detailed Dormouse Risk Assessment’, containing survey dated 21st December 2016 in support of the planning application. The SWT originally raised objection to the proposal on grounds of a lack of a Dormouse Survey and this was the reason for the application being deferred at the October Planning Committee meeting.
SWT advises that dormice are a protected species under Section 9(1) and Schedule 5 of the Wildlife and Countryside Act 1981 (as amended) and Schedule 2 of the Conservation of Habitats and Species Regulations 2010 (as amended). Dormice are therefore European Protected species. The proposed development will require the removal of significant stretches of mature hedgerows and trees – suitable dormouse habitats. The proposed development may therefore lead to adverse impacts on the dormouse population contrary to the statutory provisions of the above referenced European legislation.
The above referenced report identifies a low probability of dormice being present, supported by quantified analysis. This reduces the reasonable likelihood of dormice being and affected by the proposed development. However, a low probability of presence does not equate to confirmed absence.
SWT therefore recommend that should the Council be minded to grant permission for the proposed development, the development should be required to progress only in accordance with the precautionary working methodology detailed within section 5.1 of the above referenced Dormouse Risk Assessment document.
Accordingly, an informative should be attached to any grant of planning permission making the applicant aware of the need to apply for a Protected Species Licence from Natural England prior to commencement of any development which may otherwise by contrary to the Conservation of Habitats and Species Regulations 2010 (as amended).
Where a Protected Species Licence is required, the Council must be satisfied that the proposed development meets the three derogation tests of Regulation 53 of the Conservation of Habitats and Species Regulations 2010 (as amended), specifically that proposed mitigation and compensation measures are sufficient to ensure that the development will not be detrimental to the maintenance of the dormouse population at favourable conservation status in its natural range.
Similarly the applicant should also be made aware of the requirement for them to apply for a Protected Species Licence from Natural England prior to commencement of any development which may otherwise by contrary to the Conservation of Habitats and Species Regulations 2010 (as amended)
The SWT advise that, should the Council be minded to grant permission for this proposed development, the Council should require that any tree, hedgerow or scrub removal is undertaken only in accordance with a
precautionary working methodology in order to avoid killing, injuring or disturbing dormice as required by the above referenced European legislation – in line with best practice guidance ‘The Dormouse Conservation Handbook’ 2006. Works should be undertaken under the supervision of a suitably qualified ecologist.
The applicant should be made aware that, should dormice be confirmed within the boundary of the development site during tree or scrub clearance works while following best practice guidance, they must stop works immediately and contact Natural England with regards to applying for a European Protected Species Mitigation Licence in order to avoid contravention of the above European legislation.
The applicant should also provide the Council with indicative information on proposed measures to mitigate and compensate for the loss of hedgerow / trees / scrub habitat. This will provide the Council with additional information to indicate that the loss of habitat proposed can be appropriately mitigated and compensated for in line with the above third test (favourable conservation status of the species must be maintained).
Furthermore, with regard to loss of screening, a condition requiring an appropriately detailed Landscape and Ecological Management Plan (LEMP) which would include adequate details of ecological management of the site is recommended.
The SWT further recommend conditions requiring a precautionary working method statement with regard to Great Crested Newts and a reptile mitigation strategy. Officers consider, from the information submitted, that the proposed development would not cause harm to protected species, subject to appropriate conditions and informatives. Third party representations and Parish Council comments
A number of concerns have been highlighted in third party representations as well as in the Ewhurst Parish Council response. These comments have been very carefully considered by officers.
The majority of the concerns relate to the impact on the countryside, highway safety, visual impact, drainage, impact on amenity, loss of hedgerow, flooding, inappropriate density and mix and premature to the neighbourhood plan.
Most of these issues are addressed within the main body of the report. In addition, the following response is offered:
The concerns highway safety has been carefully considered by officers. The County Highway Authority has not raised objection to the proposed access points to serve the residential dwellings and that appropriate visibility splays can be achieved at both access points. Account has been taken of the likely vehicle trip movements and taking into account the amended proposal from 18 to 20 dwellings. Officers advise that a refusal on technical grounds of impact on highway safety and pedestrian safety could not be justified.
The number of dwellings proposed and density has been carefully considered by officers. Officers consider that the proposed site layout and number of dwellings strikes a good balance between respecting the character of the area and making best use of the site. notably, the site would provide two active frontages to both Cranleigh Road and Gadbridge Lane. The layout shows that the proposed dwellings would respect existing building lines and be set back from the public highways. This would allow for increased soft landscaping. The proposal would result in a change to the immediate character of the southern side of Cranleigh Road from rural to residential. However, existing residential development is notably present along Cranleigh Road and Gadbridge Lane that the proposed residential development would not be out of keeping with or harm the overall setting of the village.
The proposed drainage strategy has been carefully considered and reviewed by the Lead Local Flood Authority and Thames Water, which have raised no objection, subject to conditions.
Officers acknowledge that the outlook from the adjoining neighbouring residential properties would significantly alter; however, a right to a view is not a material planning consideration and officers are satisfied that the proposed position of the dwellings would not cause material planning harm to any surrounding residential occupier.
Accessibility and Equalities Act 2010, Crime and Disorder and Human Rights Implications
There are no implications for this application.
Environmental Impact Regulations 2011 (as amended)
The proposal is considered not to be EIA development under either Schedule 1 or 2 of the EIA Impact Regulations 2011 (as amended) or a
variation/amendment of a previous EIA development nor taken in conjunction with other development that is likely to have a significant environmental effect.
Officers therefore agree with the applicants self-screening findings contained in the Planning Statement that this is not an EIA development.
Pre Commencement Conditions
Article 35 of the DMPO 2015 requires that for any application for planning permission, the Notice must state clearly and precisely the full reasons, in the case of each pre-commencement condition, for the condition being a pre-commencement condition. This is in addition to giving the full reason for the condition being imposed.
“Pre commencement condition” means a condition imposed on the grant of permission which must be complied with before any building/ other operation/ or use of the land comprised in the development is begun.
Where pre commencement conditions are justified, these are provided with an appropriate reason for the condition.
Development Management Procedure Order 2015 - Working in a positive/proactive manner
In assessing this application, officers have worked with the applicant in a positive and proactive manner consistent with the requirements of paragraphs 186-187 of the NPPF. This included:- Provided or made available pre application advice to seek to resolve problems before the application was submitted and to foster the delivery of sustainable development.
Provided feedback through the validation process including information on the website, to correct identified problems to ensure that the application was correct and could be registered;
Negotiated amendments to the scheme to resolve identified problems with the proposal and to seek to foster sustainable development.
Proactively communicated with the applicant through the process to advise progress, timescales or recommendation.
Conclusion/planning judgement
The site is outside of the defined settlement boundaries and the development would conflict with Policy C2 of the Local Plan. The test is whether the benefits outweigh the harm to the countryside. The Council, overall, has a five year housing supply of homes and, therefore, substantial weight can be given to Policy C2. However, full weight can not be given to Policy C2 as it is not fully compliant with the NPPF. Further, the Council’s adopted 2002 Local Plan policies for the supply of housing can not be considered up to date. As such, the presumption in favour of sustainable development is applicable and planning permission should be granted, unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the NPPF taken as a whole.
The Ewhurst and Ellens Green Neighbourhood Plan is progressing; however, it is still at a reasonably early stage and therefore no weight can be given to this in the determination of the current application. This approach has recently been considered by the Inspector in their determination of the appeal at Land at Backward Point. Whilst the proposed development would be at a density higher than that in the immediately surrounding area, the degree of retained screening and the enclosed nature of the site ensure that this does not give rise to any unacceptably adverse impacts on the character and appearance of the surrounding area. Details with regard to screening, hard and soft landscaping, elevations, materials, lighting and services are reserved matters and matters relating to construction and site assembly can be mitigated by imposition of pre-commencement conditions.
The location of the site adjoining the defined settlement area and close to several bus routes to/from Godalming/Guildford and other larger centres is considered by officers to be sustainable. The proposal would include the provision of a new pavement to provide pedestrian link from the site to the nearest bus stop and wider network of pavements.
The proposed site layout demonstrates that 20 dwellings could be accommodated on site in a good layout, which would not cause material harm to surrounding neighbouring occupiers.
With regard to housing mix, 35% of affordable housing provision and the overall provision of a large proportion of 3 bedroom or less dwellings is considered acceptable by officers and the proposal would provide a good contribution and mix of new dwellings to serve the Borough.
Concerns raised by the Council’s Conservation and Heritage Officer with regard to the potentially adverse impact on the setting of the Listed Building, Gadbridge Farm, by the two large detached houses proposed for plots 19 and 20 have been overcome through the submission of amended plans showing these as smaller houses of 4 bedrooms and no detached garages of a scale which does not detract from setting of Gadbridge Farm.
Having regard to these considerations and to all other material matters, set out in the report, officers conclude that the proposed development is in accordance with the aims and objectives of the Development Plan and the NPPF and would represent sustainable development. The loss of an un-developed green field is outweighed by the benefits in terms of the provision of housing to help meet need. The proposal should therefore be supported.
Accordingly it is recommended that, subject to conditions and a S106 agreement, that outline planning permission should be granted.
Recommendation A
That, subject to a S106 agreement to secure 7 Affordable Housing dwellings, contributions towards Early Years infrastructure, play space, Primary Education infrastructure and Environmental infrastructure within 3 months of the committee meeting and, subject to conditions, permission be GRANTED, subject to the following conditions:
1. ConditionDetails of the reserved matters set out below ('the reserved matters') shall be submitted to the Local Planning Authority for approval within three years from the date of this permission:1. scale;2. landscaping; and3. appearance.
The reserved matters shall be carried out as approved. Approval of all reserved matters shall be obtained from the Local Planning Authority in writing before any development is commenced.
ReasonTo enable the Local Planning Authority to control the development in detail and to comply with Section 92 of the Town and Country Planning Act 1990 (as amended).
2. ConditionThe development to which this permission relates must be begun not later than the expiration of two years from the final approval of reserved
matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.
ReasonTo enable the Local Planning Authority to control the development in detail and to comply with Section 92 of the Town and Country Planning Act 1990 (as amended).
3. ConditionThe plan numbers to which this permission relates are 150126/LP-01, 150126/SL-01 Rev B and 9024/02 Rev E. The development shall be carried out in accordance with the approved plans. No material variation from these plans shall take place unless otherwise first agreed in writing with the Local Planning Authority.
ReasonIn order that the development hereby permitted shall be fully implemented in complete accordance with the approved plans and to accord with Policies D1 and D4 of the Waverley Borough Local Plan 2002.
4. ConditionNo development shall take place until a detailed landscaping scheme has been submitted to and approved by the Local Planning Authority in writing. The landscaping scheme shall be carried out strictly in accordance with the agreed details and shall be carried out within the first planting season after commencement of the development or as otherwise agreed in writing with the Local Planning Authority. The landscaping shall be maintained to the satisfaction of the Local Planning Authority for a period of 5 years after planting, such maintenance to include the replacement of any trees and shrubs that die or have otherwise become, in the opinion of the Local Planning Authority, seriously damaged or defective. Such replacements to be of same species and size as those originally planted.
ReasonIn the interest of the character and amenity of the area in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002. This is a pre-commencement condition as this matter goes to the heart of the permission.
5. ConditionNo development shall take place until samples of the materials to be used in the construction of the external surfaces of the development
hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.
ReasonIn the interest of the character and amenity of the area in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002. This is a pre-commencement condition as this matter goes to the heart of the permission
6. ConditionBefore any work on site begins, cross sections/details indicating the proposed finished ground levels surrounding the building shall be approved in writing by the Local Planning Authority. The works shall be carried out in strict accordance with the approved details.
ReasonIn the interest of the character and amenity of the area in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002. This is a pre-commencement condition as this matter goes to the heart of the permission
7. ConditionPrior to commencement of development, the following details must be submitted to and approved in writing by the Local Planning Authority:
a. Demonstrate that infiltration is not feasibleb. Detailed drawings of all the SuDS/Drainage elements and layoutc. A desktop study has been supplied showing that the site is on clay as
evidence of infiltration not being feasible. The applicant needs to provide further onsite evidence (photos, borehole logs, soakage testing or other suitable evidence) showing that infiltration is not feasible, before the finalised design discharges to sewer.
d. Details of where any exceedance flows (ie rainfall greater the design or flows following blockages) would run to avoiding risks to people and property
e. Details of construction phasing, ie how drainage will be dealt with during works including pollution prevention
f. Details of the required maintenance regime for the SUDS elements and who will be responsible for maintenance
g. A post construction verification report by an engineer setting out that the elements have been installed as agreed
The agreed details must be implemented and thereafter retained throughout the lifetime of the development.
ReasonTo ensure the design meets the technical stands for SuDS and the final drainage design does not increase flood risk on or off site.
8. ConditionThe development hereby permitted shall not commence until details of the design of a surface water drainage scheme have been submitted to and approved in writing by the planning authority. Those details shall include:
a) A design that satisfies the SuDS Hierarchyb) A design that is compliant with the national Non-Statutory Technical Standards for SuDS, National Planning Policy Framework and Ministerial Statement on SuDSc) Evidence that the proposed solution will effectively manage the 1 in 30 & 1 in 100 (+30% allowance for climate change storm events, during all stages of the development (Pre, Post and during), associated discharge rates and storages volumes shall be provided.
ReasonTo ensure the design meets the technical stands for SuDS and the final drainage design does not increase flood risk on or off site.
9. ConditionNo development shall take place, including any works of demolition, until a Construction Environmental Management Plan has been submitted to, and approved in writing by, the Local Planning Authority. The approved Plan shall be adhered to throughout the construction period. The Plan shall provide for; a) An indicative programme for carrying out of the works b) The arrangements for public consultation and liaison during the construction worksc) Measures to minimise the noise (including vibration) generated by the construction process to include hours of work, proposed method of piling for foundations, the careful selection of plant and machinery and use of noise mitigation barrier(s)d) Details of any floodlighting, including location, height, type and direction of light sources and intensity of illuminatione) the parking of vehicles of site operatives and visitors f) loading and unloading of plant and materials
g) storage of plant and materials used in constructing the developmenth) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriatei) wheel washing facilitiesj) measures to control the emission of dust and dirt during constructionk) a scheme for recycling/disposing of waste resulting from demolition and construction worksl) There shall be no burning of any waste or other materials on the site.
Where any of the above points are not relevant to the proposed site this should be indicated.
ReasonIn the interest of the character and amenity of the area in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002. This is a pre-commencement condition as this matter relates to construction process.
10. ConditionNo machinery shall be operated, no construction works shall take place and no deliveries shall be taken at or dispatched from the site outside the hours of 08:00- 18:00 Mondays-Fridays and 08:00-13:00 on Saturdays, and at no time on Sundays and Public/Bank Holidays.
ReasonIn the interest of the character and amenity of the area in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002.
11. ConditionAll plant, machinery and equipment installed or operated in connection with the carrying out of this permission shall be so enclosed and/or attenuated so that the rating level of noise emitted does not exceed the background sound level, when measured according to British Standard BS4142: 2014 at any adjoining or nearby noise sensitive premises.
ReasonIn the interest of the character and amenity of the area in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002.
12. ConditionNo 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.
ReasonIn the interest of the character and amenity of the area in accordance with Policies D1 and HE15 of the Waverley Borough Local Plan 2002. This is a pre-commencement condition as this matter goes to the heart of the permission
13. ConditionNo development shall commence, including any ground remediation, demolition or groundwork preparation, until a detailed, scaled Tree Protection Plan 'TPP' and related Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority. These shall include details of the specification and location of exclusion fencing, ground protection and any construction activity that may take place within the Root Protection Area of trees shown to scale on the TPP including installation of 'no-dig' hard standing and service routings. All works shall be carried out in strict accordance with the approved details.
ReasonTo adequately protect all trees and woodland worthy of retention from development harm and to provide for their amenity contribution thereafter, in accordance with Policies D1 and D7 of the Waverley Borough Local Plan 2002. This is a pre-commencement condition as this matter goes to the heart of the permission
14. ConditionNo development, groundworks or demolition processes shall be undertaken until an agreed scheme of supervision for the arboricultural protection measures has been submitted to and approved in writing by the Local Planning Authority. The supervision and monitoring shall be undertaken in strict accordance with the approved details. The scheme shall include details of a) a pre-commencement meeting between the retained arboricultural consultant, local planning authority Tree Officer and personnel responsible for the implementation of the approved development and b) timings, frequency & methods of site visiting and an agreed reporting process to the Local Planning Authority.
ReasonTo adequately protect all trees and woodland worthy of retention from development harm and to provide for their amenity contribution thereafter, in accordance with Policies D1 and D7 of the Waverley Borough Local Plan 2002. This is a pre-commencement condition as this matter goes to the heart of the permission
15. ConditionPrior to the first occupation of any residential dwelling a scheme detailing the provision of an Electric Vehicle Charging Point within the development shall be first submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in strict accordance with the scheme and maintained thereafter.
ReasonIn the interest of the character and amenity of the area in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002.
16. ConditionThe development hereby approved shall not be first commenced unless and until the proposed vehicular access to Cranleigh Road has been constructed and provided with visibility splays in accordance with the approved plans and thereafter the visibility splays shall be kept permanently clear of any obstruction measured from 0.6m above the road surface.
ReasonIn order that the development should not prejudice highway safety nor cause inconvenience to other highway users.
17. ConditionThe development hereby approved shall not be first occupied unless and until the proposed modified access to Gadbridge Lane has been constructed in accordance with the approved plans 15010-01A, Rev A 15010-02A, Rev A 15010-03A Rev A within the associated Transport Statement dated 16th March 2016 and thereafter the visibility splays shall be kept permanently clear of any obstruction measured from 0.6m above the road surface.
ReasonIn order that the development should not prejudice highway safety nor cause inconvenience to other highway users.
18. ConditionThe development hereby approved shall not be first occupied unless and until the existing access from the site to Gadbridge Lane has been permanently closed and any kerbs, verge, footway, fully reinstated.
ReasonIn order that the development should not prejudice highway safety nor cause inconvenience to other highway users.
19. ConditionThe development hereby approved shall not be first occupied unless and until space has been laid out within the site in accordance with the approved plans for vehicles to be parked and for vehicles to turn so that they may enter and leave the site in forward gear. Thereafter the parking and turning areas shall be retained and maintained for their designated purposes.
ReasonIn order that the development should not prejudice highway safety nor cause inconvenience to other highway users.
20. ConditionNo development shall commence until a Construction Transport Management Plan, to include details of:
(a) parking for 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) provision of boundary hoarding behind any visibility zones(f) measures to prevent the deposit of materials on the highway
ReasonIn order that the development should not prejudice highway safety nor cause inconvenience to other highway users. This is a pre-commencement condition as this matter relates to construction and highway safety.
21. ConditionThe development hereby approved shall not be first occupied until a scheme showing secure parking of bicycles for each dwelling has been submitted to and approved in writing by the local planning authority. Thereafter the bicycle storage shall be provided and maintained.
ReasonIn recognition of Section 4 “Promoting Sustainable Transport “in the National Planning Policy Framework 2012.
22. ConditionPrior to commencement the applicant shall submit a scheme showing the following:
(a) Relocate the existing bus stop to the west of the proposed site access onto Cranleigh Road. The bus stop shall include a new shelter, raised kerbing, bus cage markings and timetable information.(b) Provision of a new footway along the Cranleigh Road boundary of the site, between the relocated bus stop and the Cranleigh Road junction with Gadbridge Lane.(c) Provision of dropped kerbs with tactile paving, at the junction of Cranleigh Road and Gadbridge Road.(d) Provision of dropped kerbs with tactile paving on Cranleigh Road within the vicinity of the site access.
ReasonIn recognition of Section 4 “Promoting Sustainable Transport “in the National Planning Policy Framework 2012. This is a pre-commencement condition as this matter goes to the heart of the permission.
23. Condition
That Prior to the commencement of development an appropriately detailed landscape and ecological management plan (LEMP) shall be submitted to and approved by the Local Planning Authority. The LEPM should include adequate details of the following;
(a) Description and evaluation of features to be managed and created including measures to compensate for loss of proposed tree and hedge removal(b) Numbers and locations of bat and bird boxes, including provision integral to the design of the new buildings.(c) Aims and objectives of management(d) Appropriate management options to achieve aims and objectives(e) Prescriptions for management actions(f) Preparation of a costed work schedule for securing biodiversity enhancements in perpetuity(g) Ongoing monitoring and remedial measures.
The development shall be carried out in complete accordance with the approved details and recommendations.
ReasonIn order to ensure that the development hereby approved does not contravene the Wildlife and Countryside Act 1981. This is a pre-commencement condition as this matter goes to the heart of the permission.
24. ConditionPrior to the commencement of development a reptile mitigation strategy and enhancement plan, written by a suitably qualified ecologist, shall be submitted to and approved in writing by the local planning authority oval in writing by the Council, prior to the commencement of development. The Strategy should:
(a) Identify how the development will proceed in a precautionary manner to avoid killing and injuring of individuals found. (b) Include measures to mitigate for loss of suitable reptile habitat within the site and(c) Include measures to enhance habitat, secured through appropriate funding and management for the long-term.
ReasonIn order to ensure the development hereby approved does not contravene the Wildlife and Countryside Act 1981. This is a pre-commencement condition as this matter goes to the heart of the permission
25. ConditionThat prior to the commencement of development the applicants shall submit to the Local Planning Authority for approval a precautionary working methodology detailed in Section 5.1 of the Detailed Dormouse Risk Assessment’, author Adonis Ecology Ltd, relating to survey dated 21st December 2016 which demonstrates that where any tree, hedgerow or scrub removal is undertaken it is in line with this approved methodology to avoid killing, injuring or disturbing dormice. The works shall be undertaken as required in line with best practice guidance ‘The Dormouse Conservation Handbook’, 2nd Ed, 2006 and be undertaken under the supervision of a suitably qualified ecologist.
ReasonIn order that the development herby approved does not contravene the Wildlife and Countryside Act 1981. This is a pre-commencement condition as this matter goes to the heart of the permission
26. ConditionShould dormouse be confirmed within the boundary of the development site during tree or scrub clearance works while following best practice guidance, they must stop works immediately and contact Natural England with regards to applying for a European Protected Species Mitigation Licence in order to avoid contravention of the above European legislation.
ReasonIn order that the development herby approved does not contravene the Wildlife and Countryside Act 1981
27. ConditionPrior to commencement of development, the applicant shall provide the Council with proposed measures to mitigate and compensate for the loss of hedgerow / trees / scrub habitat. This is top accommodate for the loss of habitat proposed can be appropriately mitigated and compensated for.
ReasonIn order that the development herby approved does not contravene the Wildlife and Countryside Act 1981. This is a pre-commencement condition as this matter goes to the heart of the permission.
Informatives
1. The applicant should take all relevant precautions to minimise the potential for disturbance to neighbouring residents during the demolition and/or construction phases of the development. The applicant should follow the guidance provided in the Construction Code of Practice for Small Developments in Waverley.
2. The granting of any permission does not in any way indemnify against statutory nuisance action being taken should substantiated complaints within the remit of the Environmental Protection Act 1990 be received. For further information please contact the Environmental Health Service on 01483 523393.
3. The attention of the applicant is drawn to the requirements of Section 60 of the Control of Pollution Act 1974 in respect of the minimisation of noise on construction and demolition sites. Application, under Section 61 of the Act, for prior consent to the works, can be made to the Environment Protection Team of the Council
4. The permission hereby granted shall not be construed as authority to carry out any works on the highway or any works that may affect a drainage channel/culvert or water course. The applicant is advised that a permit and, potentially, a Section 278 agreement must be obtained from the Highway Authority before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway. All works on the highway will require a permit and an application will need to submitted to the County Council's Street WorksTeam up to 3 months in advance of the intended start date, depending on the scale of the works proposed and the classification of the road. Please see http://www.surreycc.gov.uk/roads-and-transport/road-permits-and-licences/the-traffic-management-permit-scheme.
5. The applicant is also advised that Consent may be required under Section 23 of the Land Drainage Act 1991. Please see www.surreycc.gov.uk/people-and-community/emergency-planning-and-community-safety/flooding -advice.
6. The developer is advised that as part of the detailed design of the highway works required by the above conditions, the County Highway Authority may require necessary accommodation works to street lights, road signs, road markings, highway drainage, surface covers, street trees, highway verges, highway surfaces, surface edge restraints and any other street furniture/equipment.
7. When a temporary access is approved or an access is to be closed as a condition of planning permission an agreement with, or licence issued by, the Highway Authority Local Highways. Service will require that the redundant dropped kerb be raised and any verge or footway crossing be reinstated to conform with the existing adjoining surfaces at the developers expense.
8. 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).
9. When access is required to be ‘completed’ before any other operations, the Highway Authority may agree that surface course material and in some cases edge restraint may be deferred until construction of the development is complete, provided all reasonable care is taken to protect public safety.
10.Thames Water will aim to provide customers with a minimum pressure of 10m head (approx 1 bar) and a flow rate of 9 litres/minute at the point where it leaves Thames Waters pipes. The developer should take account of this minimum pressure in the design of the proposed development.
11. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary. Connections are not permitted for the removal of groundwater. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. They can be contacted on 0800 009 3921
12. ''IMPORTANT'' This planning permission contains certain conditions precedent that state 'before development commences' or 'prior to commencement of any development' (or similar). As a result these must be discharged prior to ANY development activity taking place on site. Commencement of development without having complied with these conditions will make any development unauthorised and possibly subject to enforcement action such as a Stop Notice. If the conditions have not been subsequently satisfactorily discharged within the time allowed to implement the permission then the development will remain unauthorised.
13.There is a fee for requests to discharge a condition on a planning consent. The fee payable is £97.00 or a reduced rate of £28.00 for household applications. The fee is charged per written request not per condition to be discharged. A Conditions Discharge form is available and can be downloaded from our web site.
14.Please note that the fee is refundable if the Local Planning Authority concerned has failed to discharge the condition by 12 weeks after receipt of the required information.
15.The applicant should take all relevant precautions to minimise the potential for disturbance to neighbouring residents during the demolition and/or construction phases of the development. The applicant should follow the guidance provided in the Construction Code of Practice for Small Developments in Waverley.
16.The permission hereby granted shall not be constructed to carry out any works on the highway. The applicant is advised that prior approval must be obtained form the Highway Authority before any works are carried out on the footway, footpath or verge to form a vehicle crossover to install dropped kerbs.
17.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 186-187 of the National Planning Policy Framework 2012.
18.A Groundwater Risk Management Permit from Thames Water will be required for discharging groundwater into a public sewer. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991. We would expect the developer to demonstrate what measures he will undertake to minimise groundwater discharges into the public sewer. Permit enquiries should be directed to Thames Water’s Risk Management Team by telephoning 02035779483 or by emailing [email protected]. Application forms should be completed on line via www.thameswater.co.uk/wastewaterquality.
Recommendation B
That, if requirements of Recommendation A are not met, permission be REFUSED for the following reasons:
1. ReasonThe applicant has failed to enter into an appropriate legal agreement to secure contributions towards environmental infrastructure, education and play space. The proposal therefore conflicts with Policies D13 and D14 of the Waverley Borough Local Plan 2002 and paragraphs 7 and 17 of the NPPF.
2. ReasonThe applicant has failed to enter into an appropriate legal agreement to secure the provision of affordable housing within the meaning of the NPPF, appropriate to meet Waverley Borough Council's housing need. The
proposal would therefore fail to create a sustainable, inclusive and mixed community, contrary to the requirements of paragraph 50 of the NPPF.
