SCHEDULE “B1” TO THE AGENDA FOR THE WESTERN PLANNING COMMITTEE

18TH APRIL 2012

Applications not subject to public speaking

Background Papers Background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report are listed under the “Representations” heading for each planning application presented, or may be individually identified under a heading “Background Papers”. The implications for crime, disorder and community safety have been appraised in the following applications but it is not considered that any consideration of that type arises unless it is specifically referred to in a particular report.

B1 WA/2012/0224 Change of Use of building to provide 5 dwellings following demolition of existing single storey extension at Lion Brewery, 57 West Street, Farnham, GU9 7AB (As amended by plan received 21/03/2012) Western Area 18/04/2012

R Wright 08/02/2012

Committee: Meeting Date:

Public Notice Was Public Notice required and posted: Y Grid Reference: E: 483299 N: 146433 Town : Farnham Ward : Farnham Castle Case Officer: Tim Bryson

8 Week Expiry Date 04/04/2012

Neighbour Notification Expiry Date 23/03/2012

Neighbour Notification Amended/Additional Expiry Date

RECOMMENDATION That, subject to the receipt of suitably completed unilateral undertakings within 3 months of the date of the meeting, permission be GRANTED subject to conditions

Location Plan

Aerial view of the site and surrounding area

Site Description The 0.08 hectare application site is located in a prominent position on the south side of West Street. The site comprises a large detached building which is Grade II Listed. The building dates from the 19th Century and is understood to have been originally built as a hop kiln and store. The building has always been used in association with the brewing industry. The building‟s current lawful use is for purposes of Class A1 (Retail) on part of the ground floor, a 3-bedroom residential flat to part of the first floor level and the remainder comprising storage/distribution use ancillary to the retail unit. The existing building comprises two key elements: three storey rectangular brick structure immediately adjacent to West Street and a larger structure of 4 brick kilns located to the rear. There is a single storey flat roof extension off the south-western elevation. The boundary treatment to the site consists of a 2.3 m high brick wall and fence to the north-east, east and south east boundaries and a 2.0 m brick wall to the south-western boundary. The existing north elevation of the building on site fronts the public footpath along West Street. The surrounding area is characterised by a mix of uses and types of buildings. To the immediate west of the site are a chapel and graveyard. There is a mix of semi-detached and detached residential dwellings to the north-west and north. The Millennium Business Centre buildings and car park lie to the east and south-east. Parking is restricted by yellow lines along West Street in the immediate vicinity of the site. There are 4 spaces of off-street parking provided for the current use of the site.

Photos of the site taken from West Street looking south-west,

Photos of the site taken from West Street looking east and north-east respectively. Proposal The application proposes the change of use of the existing building to provide two 4-bed dwellings in the form of two storey houses and three 2-bed dwellings in the form of flats. The proposed 4-bed houses would be two storey, semi-detached, with accommodation at roof level to the rear section of the building. The proposed 2-bed flats would be provided over three floors, with one flat per floor, and would be in the front section of the existing building. The principal outlook for the two houses would be to the north-east towards West Street and south-west towards the church graveyard. The principal outlook for the three flats would be to the north-east, north-west and west, providing views toward West Street and the church graveyard. The proposal would provide 10 on-site parking spaces and be positioned along the east, south-east and south boundaries of the site. The proposal makes use of the existing building and no extension to the building is proposed. The existing brick material and tiled roof would be retained and the proposal would make use of the existing boarded up windows at second floor level. Bay window features and rooflights are proposed on the two 4-bed houses. The proposal includes the removal of existing single storey rear extensions to create outdoor courtyard areas for both 4-bed houses and the ground floor flat. Cycle and bins storage areas are provided adjacent to the southern boundary. Vehicle access currently exists off West Street. The existing vehicle access is proposed to remain as existing as well as the boundary treatments. Proposed Site Plan:

Proposed Floor Plans: Ground floor

First floor

Second floor

Existing and Proposed Elevations: North-East elevation

North-West elevation

South-West elevation

South-East elevation

Section through drawing

Relevant Planning History

WA/2012/0225 Listed Building Consent for alterations.

Pending Decision

WA/1983/0648 Display of externally illuminated projecting sign.

Full Permission 14/07/1983

WA/1983/0647 Installation of bow window to shop front.

Withdrawn

FAR450/60 Conversion of existing store room into additional bedroom

Full Permission 12/08/1960

Planning Policy Constraints Developed area of Farnham Thames Basin Heath 5km buffer zone Listed Building Grade II Wealden Heaths I SPA 5km buffer zone Farnham Design Statement 2010 Potentially contaminated land

Development Plan Policies and Proposals Policies D1, D2, D3, D4, D13, D14, H4, H10, HE4, HE5, S2, IC2, M2, M14 of the Waverley Borough Local Plan 2002 Policies CC1, CC2, CC3, CC4, CC6, H4, T4, NRM6, BE6, NRM11 of the South East Plan 2009 (subject to the letter to Chief Planning Officers from the Secretary of State dated 27/5/10 regarding abolition of Regional Spatial Strategies) NPPF 2012 Planning Infrastructure Contributions SPD 2008 Thames Basin Heaths SPA Avoidance Strategy 2009 Surrey County Council Vehicular and Cycle Parking Guidance 2012 Consultations and Town Council Comments County Highway Authority: Recommends conditions be applied should planning permission be granted. Council‟s Environmental Health Officer: Recommends conditions be applied should planning permission be granted. Council‟s Estates and Valuation Manager: The property was on the market for a reasonable period of time and has been marketed widely. The site‟s position is considered not good for retailers. Natural England: Not yet received – to be reported orally. Farnham Town Council: Approved after consideration on 08.03.2012, subject to approval of the listed building officer. Representations

Two letters of objection have been received from surrounding neighbouring occupiers. One objection refers to the harm caused by overlooking from the second floor windows on the building stating there would be a complete loss of privacy to 3 bedrooms, dining room, breakfast room and all of the garden at 1 West End Grove. The objection from The Corner, West End Grove refers to overlooking and loss of privacy from the new bay windows facing north-east and the impact of cutting into the brickwork structure of the listed building. Submissions in support The applicants have submitted a Design and Access Statement and Marketing Report, both providing justification for the proposal. A summary of the supporting details are as follows:

The proposal is considered to be policy compliant and makes use of a brownfield site;

Farnham and the surrounding area have a very low level of unemployment and the loss of existing storage space will not therefore harm the buoyant nature of the area‟s economy;

The proposal would retain the special architectural interest of the building and provide the building with a greater financial certainty for its future

Determining Issues Principle of development Loss of employment land and retail use Housing mix and density Character of the area Neighbouring amenity issues Highway and parking issues Climate change issues Contamination issues Financial considerations Effect upon the SPA Biodiversity Infrastructure contributions Planning Considerations

Principle of development The site is within the developed area of Farnham wherein the principle of development may be acceptable subject to visual and residential amenity considerations. The National Planing Policy Framework (NPPF) was published in March 2012 and therefore is a material consideration in the assessment of applications. With reference to Section 38 of the Planning and Compulsory Purchase Act (2004) and paragraph 12 of the NPPF, the development plan is the starting point for decision making. At the heart of the NPPF is the presumption in favour of sustainable development. Paragraph 14 goes on to state that where the development plan is absent, silent or relevant policies are out of date, planning permission shall be granted unless any adverse impacts significantly and demonstrably outweigh the benefits, when assessed against policies in this framework taken as a whole. Paragraphs 214 and 215 of the NPPF state that for 12 months from the day of publication, decision takers may continue to give full weight to relevant policies adopted since 2004 even if there is a limited degree of conflict with this Framework. In other cases and following this 12 month period, due weight should be given to relevant policies in existing plans according to their degree of consistency with this framework (the closer the policies in the plan to the policies in the framework, the greater the weight that may be given). The site lies within the developed area wherein Policy H9 of the Local Plan encourages the conversion of non-residential buildings into small residential units.

The loss of suitably located industrial and commercial land will be resisted (Policy IC2 of the Local Plan). The loss of local and village shops will be resisted (Policy S2 of the Local Plan). The proposal is for more than 3 dwelling units and as such the Council‟s policy on housing density and size of dwellings applies (Policy H4 of the Local Plan). The site is subject to potential site contamination. Development will not be permitted unless any risk posed by any site contamination has been adequately mitigated. The site is within the Wealden Heaths Special Protection Area Buffer Zone. Development should not result in an effect upon the integrity of the SPA. The site is within the Thames Basin Heathland Special Protection Area Buffer Zone. Development should not result in an effect upon the integrity of the SPA. Loss of Employment Land and Retail Use The building on site has been used since the 1940s in association with the brewing industry. The building‟s principal function has been as a retail shop at ground floor with ancillary ground floor storage and the rear ground floor section used as a separate storage and distribution facility. The outdoor area is currently used for outdoor storage associated with the distribution use and vehicle parking. Part of the first floor of the building is currently in use as a residential flat, occupied by the owner of the site. The remaining sections of first floor accommodation and above are not in use. The lawful use of the site is therefore for retail purpose at ground floor with a proportion of storage/distribution in the remainder and residential use at first floor level. Policy IC2 of the Local Plan states „The loss of suitably located industrial and commercial land will be resisted‟. The proposal would result in the loss of some industrial and commercial land. The applicant has submitted a marketing report showing that the retail unit and associated storage are no longer required to be retained. The marketing report demonstrates that the retail shop and ground floor storage have been marketed for over a year with little interest. The site lies outside of the designated Town Centre Area. Policy S2 of the Local Plan seeks to retain local and village shops. The applicants have demonstrated that the Class A1 ground floor retail premises have been marketed for over 12 months and the applicants have been un-successful in finding a tenant. A summary of the findings are as follows:

The retail premises and ground floor storage were put on the market to rent at £45,000 pa in February 2011 and have therefore been marketed for a period of some 12 months;

Despite advertising the premises through Humberts Leisure, by post and electronically to prospective local and national retailers and in the Estates

Gazette, the applicants have concluded a letting that would not be commercially viable;

The feedback from perspective occupiers is that the premises were too remote from the town centre to be viable;

The limitations in regard to the internal ceiling height, stone floor and limited frontage are considered not to be ideal for a new occupier;

The Council‟s Estates and Valuation Manager has been consulted on the marketing information. The premises are considered to have been marketed for a reasonable period of time and it is considered that the position of the site would not be suitable for most retailers. Officers are of the view that the isolated position of the existing retail unit and main road frontage with no on-street parking available have hindered the owner‟s attempts at gaining a new tenant. The listed status of the building restricts potential occupiers in regard to adaptation of the building. The proposal is considered to comply with the remaining criteria of Policy S2 as the site is set amongst a mixture of surrounding uses and would provide an increase in the level of on-site parking. Housing Mix and Density Policy H4 of the Local Plan seeks to control the size of dwellings in new developments and encourages densities of housing development that make an efficient use of land. Policy H4 requires new development to achieve densities of between 30 to 50 dwellings per hectare for developments of more than 3 dwellings and on sites capable of accommodating such developments in principle. The size of the site is 0.08 ha and the proposal is for 5 dwelling units. The density of the proposed development is 62.5 dwellings per hectare. This density is higher than that required under Policy H4. The NPPF does not set minimum density targets and re-emphasises that housing applications should be considered in the context of the presumption in favour of sustainable development. In particular regard to changes of use to residential from commercial, paragraph 51 of the NPPF states that LPAs “should normally approve planning applications for change to residential use and any associated development from commercial buildings (currently in the B Use Classes) where there is an identified need for additional housing in that area, provided that there are not strong economic reasons why such development would be inappropriate”. Officers consider, given the conclusion on marketing, there is no economic objection to the change of use. Moreover, the higher density is considered to be suitable to the site as the existing building does not need to be extended to accommodate the residential use and adequate off-street parking can be achieved. Policy H4 states that the Council will require that:

a) At least 50% of all the dwelling units within the proposal shall be 2 bedroomed or less: and,

b) Not less than 80% of all the dwelling units within the proposal shall be 3 bedroomed or less: and,

c) No more than 20% of all the dwelling units in any proposal shall exceed 165 sq m in total gross floor area measured externally, excluding garaging.

The proposed development comprises three 2-bed units (60%) and two 4-bed units (40%). The three 2-bed flats each have a total floor area of 104 sq m (excluding communal hall/entrance area) and the two 4-bed houses each have a total floor area of 225 sq m. The proposal currently fails the required housing mix under Policy H4 in regard to criteria b) and c). However, the proposed two bed units comply with the requirements under Policy H4. The old kiln section of the building holds 4 cylinder style structures which form part of the Grade II listing and as such the proposal maintains the core structure of these kilns. The proposal would utilise the existing cylinder shaped kiln structures and officers consider a further increase in unit density within the four kiln element of the building would be hard to achieve, given the internal structure of this part of the listed building. Officers therefore consider the slight relaxation of the requirements under Policy H4 is justified. It is also material that the West Surrey Strategic Housing Market Assessment (SHMA) has been undertaken for three local authorities of Waverley, Guildford and Woking. The findings of this assessment show that the majority of households in the Borough of Waverley live in Farnham. The percentage of four person households is 16.9% in the Farnham area. Officers consider the proposed 4-bed dwellings would not be unsuitable to the site and local area. In addition, the design of development still needs to be high quality or responsive to the character and appearance of the surrounding area. The current proposal is considered to be acceptable in terms of its density, dwelling mix and character and appearance, in the context of the site and surrounding area. Character of the Area The site is located in a transitional area between the town centre and residential areas further west. The surroundings to the site on the southern side of West Street comprise the Millennium Centre business development that was constructed circa 2000 and the chapel and cemetery. Residential dwellings are present on the northern side of West Street. The design guidelines for the Farnham Design Statement 2010 for this particular area state:

Land subject to planning policies C3 and C5 in the Waverley Borough Local Plan 2002 should retain its protected status and no development should be permitted, which harms its natural beauty.

The rural nature of the Old Park and Dippenhall areas should be preserved and new development should be strictly controlled.

Tree-lined roads should be protected and enhanced and spaces around existing dwellings should be reflected in new development.

Mature gardens should be retained, to protect the green aspect of the street-scene along the roads, which run into open countryside.

The proposal includes the removal of an existing single storey extension to the west elevation and rendering to replace weathered metal façade on the south elevation.

The main bulk and appearance of the building on site would remain as existing, with the main additions to the four kiln cylinders. The additions to the building and removal of the existing extension would create outdoor amenity space and vehicle parking for the proposed residential use. These arrangements are considered acceptable and would not have a harmful impact on the character of the area. The proposal is considered to enhance the building‟s appearance, especially when viewed from the south-west and west. Policies HE4 outlines the Council‟s criteria for assessment of changes of use of a listed or locally listed building. Policy HE5 outlines the Council‟s stance on development proposals to extend or alter listed or locally listed buildings. Officers consider the proposal satisfies the criteria of Policy HE4 as the whole of the building is proposed to be utilised and the proposed conversion to residential units would not involve significant alterations that would harm its character or setting. The removal of the existing single storey extension would enhance the listed building‟s appearance and provide restoration to its outer skin. The proposed conversion to residential units would largely make use of existing openings and it is considered that the proposed new openings to the old kiln section of the building would enhance the building‟s appearance. The existing building on site is a Grade II Listed building and the main chapel and lodge to the west of the site are also Grade II Listed. To the north-west of the site lie Buildings of Local Merit known as Trimmers. Officers consider the character of the Grade II Listed building on site would be un-harmed by the proposal and the internal conversion to residential use would ensure the long term health of the building. Beyond the site to the west lies the designated Area of Strategic Visual Importance and Countryside beyond the Green Belt. Officers consider the proposal would improve the appearance of the building, especially when viewed from the west. Officers are therefore satisfied the proposal would not conflict with the aims of Policy C5 and Policy C2. Existing and proposed amenity issues Policies D1 and D4 of the Local Plan seek to protect the amenities of the occupants of buildings and to provide a satisfactory environment for the occupiers of new development. The site surroundings consist of the office buildings and car park to the east, south-east and south, which form part of the Millennium Business Centre. Beyond the western boundary consists of the church graveyard. North of the site on the northern side of West Street consists of a two storey residential dwelling. The proposal would not extend the footprint of the building, however it would utilise the roof space within the building and remove an existing extension to provide outdoor amenity areas to serve three of the proposed dwelling units. The utilisation of roof space would include the insertion of velux windows to the old kiln parts of the building and the re-use of existing boarded up windows at second floor on the part of the building immediately adjacent to West Street. The nearest potentially affected neighbouring occupier is Number 1 West End Grove to the north. This existing semi-detached dwelling is two storey with the roof space

converted to habitable floorspace. The existing first floor flat in the building on site has three windows facing 1 West End Grove which serve habitable rooms. The existing second floor windows have been boarded up and the proposal seeks to put these windows back into use to serve a residential unit. Officers have received an objection from the occupiers of 1 West End Grove, in particular regard to overlooking from these second floor north facing windows. Dividing the site and number 1 West End Grove to the north is West Street, which is a main vehicle route into and out of the town centre of Farnham. Buildings on opposite sides of public roads are common place. Officers are satisfied the distance between the proposed windows at second floor level on the north elevation of the building on site and those on the south elevation and rear garden space of 1 West End Grove is sufficient for there not to be any material harm to the amenities of the neighbouring occupiers of this property. Policy H10 requires suitable provision of amenity space to serve new residential development. The proposal would provide three private outdoor amenity spaces in the form of courtyards to serve three of the five dwelling units. These courtyards would be located on the western side of the building. The site‟s position is circa under 1km from the town centre of Farnham and officers consider the lack of amenity areas to the first floor and second floor 2-bed flats would be acceptable in this particular regard, given the close proximity of the site to Farnham Park. Space is provided within the site for bins and recycling storage and cycle storage. The proposed space is of a sufficient size that could accommodate the new recycling and bin units which are to be introduced on 16 April 2012. Officers consider that the proposal would comply with Policy H10 of the Local Plan. Highway and Parking Issues Sufficient parking spaces have been provided on site for all proposed units in accordance with the County Vehicular and Cycle Parking Guidance 2012. This suggests that such a development proposal has a requirement for 7 spaces given the size of the units and edge of centre location. In this case, 10 spaces have been provided in this case which exceed the guidelines. The County Highway Authority supports the application. Climate Change Issues The application does not include plans to provide energy from renewable sources. As the proposal is for 5 dwelling units, it does not trigger the requirement for 10% renewable energy under Policy NRM11 of the South East Plan 2009. Whilst environmental initiatives in new development are encouraged under Policy D3 of the Local Plan, officers consider the lack of renewable energy resource to serve the development would not warrant a refusal on this basis. Contamination Issues The Council‟s database highlights the site has having potentially contaminated land. The Council‟s Environmental Health Officer has been consulted on the application and has recommended a number of planning conditions should permission be granted.

Financial Considerations S.143 of the Localism Act 2011 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 £5,800) per annum for six years. Effect upon the SPA The site is located within the 5km of the Thames Basin Heathland Special Protection Area (SPA). The proposal comprises the erection of 5 dwellings and would result in an increase in people (permanently) on the site. The three tests as set out in Regulation 122(2) require S106 agreements to be: (a) necessary to make the development acceptable in planning terms; (b) directly related to the development; and (c) fairly and reasonably related in scale and kind to the development. In order for the development to be acceptable in planning terms, a S106 agreement is required as part of any subsequent planning approval to secure a financial contribution (£13,537.90) towards SANG, in line with the Council‟s Thames Basin Heaths Special Protection Area (TBH SPA) Avoidance Strategy (December 2009). This strategy was formally adopted by the Council on 13th December 2009. In line with this strategy and the requirements of Regulation 48 of the Habitats Regulations, a unilateral undertaking is required to ensure that the additional residential units proposed by this development will not have any likely significant effect on the TBH SPA. The level of financial contribution sought is required to be in line with the specific tariffs set out in the adopted Avoidance Strategy, which relate to the number of residential units and number of bedrooms proposed. As such, the requirement for the S106 agreement meets the three tests set out above. The applicants have stated a willingness to enter into a legal agreement with the Council. To date the Council has not received a completed and signed legal agreement and it is considered that the applicants should be given 3 months from the date of the meeting to submit this to the Council, if the Committee resolve to grant permission.

Biodiversity The NPPF outlines that LPAs should aim to conserve and enhance biodiversity when determining planning applications. The proposal includes the conversion of an existing building with no extension of built form. Natural England has been consulted on the application and its comments will be reported orally to the meeting. It is not anticipated that there would be an objection to the proposal on biodiversity implications. Infrastructure Contributions The Community Infrastructure Levy (CIL) Regulations came into force in April 2010. The three planning obligation tests in CIL replace the 5 tests in Circular 5/2005. The three tests as set out in Regulation 122(2) require S106 Agreements to be necessary to make the development acceptable in planning terms; to be directly related to the development; and to be fairly and reasonably related in scale and kind to the development. The proposal would involve the change of use of an existing commercial building to residential units. In view of the scale of development proposed, it is likely to lead to additional pressure on local infrastructure. In accounting for the loss of the existing storage/distribution use and retail use, the officers have calculated the requirement for a net contribution of £33,313.49. The applicants have stated a willingness to enter into a unilateral undertaking with the Council in order for the contribution to be paid, should planning permission be granted. The Council has not currently received a completed and signed undertaking to date. The applicants have up to 3 months from the date of the Committee meeting to submit the undertaking to the Council. Conclusion The marketing information submitted has demonstrated the lack of current interest in the existing premises and it is considered that a continued retail and employment use is unlikely to be forthcoming for the site. Therefore the loss of the existing use could be supported. The layout, scale, form, design and appearance of the development are considered to be acceptable for this site and edge of town centre location. It is considered that the development would preserve the special character of the Grade II Listed building and would enhance the building‟s visual appearance. The level of off-street parking and cycle storage provision are considered to be of a suitable scale for the development. The proposal would make use of an underused previously developed site and would contribute to meeting housing needs of the Borough within a sustainable location close to the town centre of Farnham.

Recommendation A That, subject to the receipt of suitably completed unilateral undertakings within 3 months of the date of the meeting, permission be GRANTED subject to the following conditions: 1. Condition

No 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. Reason In the interests of the visual amenities of the area and to have regard to the special character of the listed building in accordance with Policies D1, D4 and HE5 of the Waverley Borough Local Plan 2002.

2. Condition

An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates in the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

a survey of the extent, scale and nature of contamination; an assessment of the potential risks to: human health, property (existing or proposed)including buildings, crops, livestock , pets,

woodland and service lines and pipes, adjoining land, groundwaters and surface waters, ecological systems, archaeological sites and ancient monuments; an appraisal of remedial options, and proposal of the preferred option(s)

This must be conducted in accordance with DEFRA and the Environment Agency‟s “Model Procedures for the Management of Land Contamination, CLR 11”

Reason To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy D1 of the Waverley Borough Local Plan 2002.

3. Condition A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental protection Act 1990 in relation to the intended use of the land after remediation.

Reason To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy D1 of the Waverley Borough Local Plan 2002.

4. Condition The approved remediation scheme must be carried out in accordance with its terms prior to commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

Following completion of measures identified in the approved remediation scheme, a verification report (otherwise known as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority. Reason To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy D1 of the Waverley Borough Local Plan 2002.

5. Condition In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 2, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 3, which is subject to the approval in writing of the Local Planning Authority.

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the

approval in writing of the Local Planning Authority in accordance with condition 4. Reason To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy D1 of the Waverley Borough Local Plan 2002.

6. Condition

No new development shall be occupied until space has been laid out within the site in accordance with the approved plans for cars to be parked. The parking area shall be used and retained exclusively for its designated purpose.

Reason The condition above is required in order that the development should not prejudice highway safety, nor cause inconvenience to other highway users, and to accord with Policies M2 (Movement Implications) and M14 (Car Parking Standards) of the Waverley Borough Local Plan 2002.

7. Condition

No new development shall be occupied until space has been laid out within the site in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority after consultation with the Highway Authority a minimum of 5 bicycles to be stored in a covered, and secure location. Reason The condition above is required in order that the development should not prejudice highway safety, nor cause inconvenience to other highway users, and to accord with Policies M2 (Movement Implications) and M14 (Car Parking Standards) of the Waverley Borough Local Plan 2002.

8. Condition

No development shall start until a Method of Construction Statement, 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) provision of boundary hoarding behind any visibility zones

has been submitted to and approved in writing by the Local Planning Authority. Only the approved details shall be implemented during the construction period. Reason The condition above is required in order that the development should not prejudice highway safety, nor cause inconvenience to other highway users, and to accord with Policy M2 (Movement Implications) of the Waverley

Borough Local Plan 2002. 9. Condition

Before any of the operations which involve the movement of materials in bulk to or from the site are commenced, facilities shall be provided as must be agreed with the Local Planning Authority, in order that the operator can make all reasonable efforts to keep the public highway clean and prevent the creation of a dangerous surface on the public highway. The agreed measures shall thereafter be retained and used whenever the said operations are carried out. Reason The condition above is required in order that the development should not prejudice highway safety, nor cause inconvenience to other highway users, and to accord with Policy M2 (Movement Implications) of the Waverley Borough Local Plan 2002.

10. Condition

No development shall take place until details of all proposed screen walls or fences, or other means of enclosure, have been submitted to and approved by the Local Planning Authority in writing and such walls or fences or means of enclosure as may be approved by the Local Planning Authority shall be erected prior to occupation of any part of the approved development, and thereafter be maintained. Reason In 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. Condition

No development shall take place until details of the proposed bins and recycling store and cycle store 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. Reason In the interests of the visual amenities of the area in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002.

12. Condition

Prior to first occupation of any of the dwellings hereby approved, the single storey section of the building on the west elevation and south elevation, as outlined on plan number 1115-P002-A, shall be demolished and materials removed from site.

Reason In the interests of the visual amenities of the area and to accord with Policies D1 and D4 of the Waverley Borough Local Plan 2002.

13. Condition

The plan numbers to which this permission relates are 1115-P003-A, 1115-

P002-A, 1115-P101-A, 1115-P103-A, 1115-P105-A, 115-P107-A, 1115-P106-A, 1115-P104-A, 1115-P102-A, 1115-P100-A, 1115-P303-A, 1115-P301-A, 1115-P304-A, 1115-P302-A, 1115-P201-A, 1115-P001-A. 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. Reason In order that the development hereby permitted shall be fully implemented in complete accordance with the approved plans and to accord with Policy D1 and D4 of the Waverley Borough Local Plan 2002. SUMMARY OF REASONS FOR GRANTING PERMISSION The development hereby granted has been assessed against the following Development Plan policies: Policies D1, D2, D3, D4, D13, D14, H4, H10, HE4, HE5, S2, IC2, M2, M14 of the Waverley Borough Local Plan 2002, Policies CC1, CC2, CC3, CC4, CC6, H4, T4, NRM6, BE6, NRM11 of the South East Plan 2009 (subject to the letter to Chief Planning Officers from the Secretary of State dated 27/05/10 regarding abolition of Regional Spatial Strategies) and material considerations, including third party representations. The proposed development is considered to be of a suitable scale and use to the site and existing building. The proposed residential use of the building is considered to contribute to provide long term health to a Grade II Listed Building. The loss of retail and employment use is considered justified given the time period of marketing the premises and the building‟s listed status restricting future occupiers. The proposal could accommodate an appropriate level of on-site parking and would not have a detrimental impact on highway safety. Appropriate conditions have been applied in order for any potential site contamination to be mitigated. The re-instatement of windows at second floor level would not cause material harm to neighbouring residential occupiers. The proposal would make use of a previously developed site and is of a use that has been considered appropriate to the site and surrounding area. Suitable mitigation measures of the impact of the proposed development on local infrastructure and the SPA would need to be submitted to the Council. The recommendation has accounted for these measures. It is not considered that the proposal would have any harmful biodiversity implications. It has been concluded that the development would not result in any harm that would justify refusal in the public interest.

Informatives

1. ''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.

2. On 6 April 2008 a new fee was introduced by the Town and Country Planning (Fees of Applications and Deemed Applications) (Amendment) (England) Regulations 2008. This fee relates to requests to discharge a condition on a planning consent. The fee payable is £85.00 or a reduced rate of £25.00 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. 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.

http://emperor2/sites/democratic/Committees/Area Planning Committee (Western)/Archive/2011-12/13 - 18th April 2012/B1, WA2012-0224, Lion Brewery, 57 West St.docx