WA/2020/0004 - Erection of new bridges, construction of

WA/2020/0004 - Erection of new bridges, construction of new canal cut, new footpaths

and landscaping (as amended by plans received 15/10/2020). at Land At Coordinates

502910 142158, Wey And Arun Canal, Rushett Common Bramley

Applicant : Wey & Arun Canal Trust

Ward: Bramley, Busbridge and HascombeShamley

Green and Cranleigh North

Case Officer:

Committee:

Kate Edwards

Eastern Planning Committee 13 October 2021

Neighbour Notification Expiry Date 14/02/2020

Expiry Date/Extended expiry date 01/04/2020

RECOMMENDATION That, subject to conditions and informatives,

permission be GRANTED

1. Summary

The application has been brought before the Area Committee because it is a

strategic application and does not fall within the officer’s scheme of delegation.

The proposed canal would represent an improvement to access of waterside leisure

and bring landscape enhancements to the Downs Link. Whilst it may prevent the

Downs Link from being used for large scale sustainable transport infrastructure, such

as for tram or train, in the future as part of the Guildford to Cranleigh Sustainable

Transport Corridor, no such scheme is planned at present or has been found to be

viable in the past. The benefits of the scheme outweigh the benefits of safeguarding

the land for potential transportation use. The Downs Link would remain as a useable

sustainable transport corridor for walkers and cyclists.

2. Location Plan

3. Site Description

The application site is located to the north of Run Common Road, and

comprises farmland and a section of the Downs Link long distance walking

route.

The existing public right of way runs along the stretch varying in width from

approximately 2 to 4m. To either side of the link is scrubland and self sown

trees along with some mature trees at some points.

Rushett farm is located between Run Common Road and the Downs Link and

has an existing underpass below the link allowing access to the associated

fields to the north.

The Downs Link itself is relatively level, being a former railway. In some parts it

is raised above the surrounding land. The landform varies to either side but is

generally flat.

2. Proposal

Full planning permission is sought for: Erection of new bridges, construction of new

canal cut, new footpaths and landscaping (as amended by plans received

15/10/2020)

The proposed canal would be approximatly 600m in length. It would be formed by

cutting out a channel into the existing land and would be approximatly 9.5m wide.

The existing Downs Link would be reprovided to the southern side of the canal as a

towpath of 3-2.5m in width. The canal would narrow to pass under the existing

bridges at either end. A new bridge would be provided in the location of the existing

farm underpass at Rushetts Farm. The bridge would allow farm traffic to travel above

the canal. Land needed for access and construction is also included within the

application site area.

Whilst details have not been provided as to how the proposed stretch of canal would

link into the existing sections of canal in the vicinity of the application site, it is

anticipated that further applications may be forthcoming in this regard. The stated

aim of the Wey and Arun Canal Trst is to restore a full navigation between Shalford

and West Sussex.

Proposed plans

Proposed block plan

Indicative proposed sections

Rushett Common Bridge end detail

3. Relevant Planning History

Reference Proposal Decision

SO/2019/0007 Request for screening

opinion for canal of

approximately 650m and

agricultural bridge

EIA not required

20/06/2019

4. Relevant Planning Constraints

Long Distance Footpath Routes – The Downs Link

Guildford/Cranleigh movement corridor

Green Belt

AGLV

Bridleway - 566

Bridleway - 330

Ancient Woodland 500m buffer

Potentially contaminated land

Flood zone 3

Flood zone 2

5. Relevant Development Plan Policies and Guidance

Waverley Borough Local Plan (Part 1): Strategic policies and si tes (adopted

February 2018): SP1, TD1, NE1, NE3, RE2, RE3, LRC1, ST1.

Waverley Borough Local Plan 2002 (retained policies February 2018): D1, D4,

M8, LT11

The Decision Statement on the Bramley Neighbourhood Plan was issued on

20/09/2021. This document sets out that the Council accepts all of the Examiner’s

recommendations in relation to the Bramley Neighbourhood Plan 2017-2032. The

Decision Statement also sets out that the Bramley Neighbourhood Plan, as modified,

complies with the legal requirements and basic conditions, and can therefore

proceed to referendum. This means that there is now a legal requirement (Section

70 of the Town and Country Planning Act 1990) to have regard to the

Neighbourhood Plan in decision-making, so far as material to the application, and it

can be given significant weight.

Key Policies for the consideration of this application are:

Bramley Neighbourhood Plan BNP C1, BNP E2.

Other guidance:

Draft Local Plan Part 2 (Pre-submission draft) 2020, Proposed Policy DM33.

The National Planning Policy Framework 2021 (NPPF)

The National Planning Practice Guidance 2014 (NPPG)

Surrey Hills AONB Management Plan (2020-2025)

Blackheath, Shamley Green and Wonersh Village Design Statement

National Design Guide (2019)

6. Consultations and Town/Parish Council Comments

Bramley Parish

Council

No objection, subject to noting the following matters –

- Use of the link must be maintained during

construction

- A suitable long distance surface should be

provided

- Provision should be made for future

maintenance of trees planted.

- Towpath should be 3m given that there would

be different types of users adjacent to a water

body

- Officers should pay particular attention to pinch

points on the path.

Wonersh Parish

Council

Objection. Generally supportive of the work of WACT,

but concerned about narrowing the Downs Link and

prejudice to future transport initiative which could

move the arterial pressure of other transport routes.

Query why this section is favoured and how it would

connect to the rest of the canal.

Shalford Parish

Council

No objection. Overall view - Support

Cranleigh Parish

Council

No objection, as a transport initiative for the route is

not planned.

Environment Agency No objection subject to conditions

Local Lead Flood

Authority

Proposal acceptable subject to condition

Natural England Unlikely to have significant impact on designated

sites. No objection.

Surrey Wildlife Trust Comments received and conditions recommended.

Queries made regarding a badger sett adjacent to the

site.

Surrey County

Council Rights of

Way Officer

No objection, subject to conditions and informatives.

Surrey County

Council Highway

Authority

No objection, subject to conditions and informatives.

The Guildford

Society

Object. Important transport corridor and public asset,

nothing should be approved on the old railway line

until a wider strategy for the transport network

accommodating future growth and recognising the

leisure importance of the route has been developed by

Surrey County Council.

Byeways and

Bridleways Trust

No comments received.

Canal and River

Trust

No comments as outside of their land. Reference to

Horseboating Society.

Cyclist Touring Club No response received.

British Horse Society Objection. Proposal does not meet height and width

requirements for passage under bridges. The line is

owned by Waverley BC and there is therefore a

conflict of interest.

Ramblers

Association

Objection.

- Concerns expressed with regards to

advertisement of the planning application and

- whether Wonesh Parish Council were

consulted.

- Most users of the Downs Link on foot.

- Note that consent of Surrey County Council for

the works to a PROW must be sought.

- The Downs Link is now a lovely green wildlife

corridor.

- The proposal is a land grab

- WACT may not be able to complete the full

navigation as desired and the development

would become an isolated oddity

- Insufficient cycleway provided for commuting

cyclists who cannot maintain speed. Waverley

has no overall identified cycle network.

- The towpath is insufficient width, being below

3m in certain parts which could create conflict

between cyclists, pedestrians and horseriders.

A towpath of 6.5m should be provided and the

canal reduced in width given that it does not

need to be wide enough for 2 barges to pass.

Horse Boating

Society

No response received.

7. Representations

35 letters have been received raising objection, 2 letters have been received in

support and 2 letters have been received neither in support or objection.

Objections have been stated on the following grounds:

- Query whether the canal will be naturally fed as there is no indication of water

source, discharge, natural flow rate, or that there would be a healthy water

course.

- The canal could be stagnant which would be unattractive.

- Adverse impact on flow in Fanesbridge section of existing canal

- Comment that the concurrently proposed lifting bridge application

(WA/2020/0554) should be incorporated into this application and would be

incongruous.

- Should be EIA development

- The proposal will compromise the viability of future transport links along the

route which would reduce traffic on the busy roads.

- The Downs Link path should be carefully preserved.

- The Downs Link should not be diverted from the existing route.

- The cycle route should be retained.

- The original canal course could viably be used as part of a full navigation.

- The Surrey Countryside Access Forum (SCAF) objects and agree with

concerns raised by the Ramblers and Surrey County Council Highways

(Officer clarification - the latter has now stated that its concerns have been

addressed.)

- Affects bridleway s.193.

- Doesn’t meet the minimum clear height and width requirements for a

bridleway in the sections under the bridge.

- Will prejudice use as a continuous through route.

- No proposal for diversion of the Downs Link, which should be of the same

quality and safety.

- The access route is of great local importance and is the most used track

within several kilometres.

- There would be no public right of way over the towpath.

- WACT has no intention or ability to create canal restorations at Stonebridge.

- The towpath is likely to be flooded during high rain which represents a danger.

- The Bramley Neighbourhood Plan indicated that residents were against

overdevelopment of the Downs Link to provide a canal.

- Would be isolated

- Towpath would be flooded during heavy rainfall as stated in FRA which would

be unsafe for people trying to get home.

- Concerns for safety of users around pinch points.

- Disruption to tranquillity

- Aesthetically unappealing.

Regarding conflict with future use as a light or heavy railway or bus route:

- The old railway system shouldn’t be lost.

- The Council should have clearance from Network Rail and Railtrack before

entering into a housing development.

- The railbed would be destroyed and is an irreplaceable heritage asset.

- The ‘Department for Transport Your Railway Fund’ would encourage re-use

as a railway.

- The English Regional Transport Association (ERTA) seeks to achieve this

specific reopening.

- The proposal would be a waste of WACT funds if a railway comes to fruition.

- It is needed as a railway to increase resilience to routes given planned

housing growth.

- The proposal would bring zero economic improvement, as opposed to a

transport route.

- No strategic review of the need for improvements to transport has been

carried out.

- Objection of Waverley Friends of the Earth due to loss of route for future

public transport initiative would have adverse impact on carbon betraying

climate emergency objectives.

Comments express support for the following reasons:

- (from the applicant, WACT) Surrey County Council advice was sought

regarding the viability of a future raillink and WACT were advised that this

would have a high cost for new infrastructure but relatively low patronage and

there is therefore a minimal likelihood of reinstatement,

- (from the applicant, WACT) The canal would represent a material

enhancement and would be of ecological value.

- (from the applicant, WACT) The new surfacing proposed would give surety of

long term maintenance of the route.

- (from the applicant, WACT) The proposal is achievable in the short term and

consistent with the use as a sustainable movement corridor.

Planning Considerations:

8. Principle of development and impact on the Green Belt

Impact on Green Belt

Policy RE2 states that Green Belt should be protected from inappropriate

development and proposals within the Green Bely will be determined in accordance

with national policy.

Paragraph 149 of the NPPF 2021 lists forms of development which are not

considered to be inappropriate within the Green Belt. This list includes works for

agricultural development and leisure and recreation. The proposed canal would

represent a leisure and recreation facility, both for walkers/users of the towpath and

people on board boats. The proposed bridge would allow access to adjacent

agricultural land within the same holding, representing development necessary for

agriculture. On this basis, it is considered that the development would not be

inappropriate within the Green Belt and no very special circumstances are required

to justify the proposal in this regard.

Impact on long distance routes and the designated Guildford to Cranleigh

sustainable movement corridor

Policy ST1 of the Local Plan (Part 1) 2018 encourages the provision of new and

improved footpaths, bridleways, and cycle ways if flora and fauna is unharmed.

Policy LT11 states that Public Rights of Way should be safeguarded and enhanced

whilst Policy LRC1 outlines support for public access to water based and water side

recreation, provided that it does not conflict with nature conservation.

Retained Policy M8 states that the route of the Downs Link (known as the Guildford

to Cranleigh movement corridor) should be protected from development as an

important movement corridor.

Due to the proposed provision of a towpath, the leisure and recreation facility

provided currently by the Downs Link would be retained for future use. The tow path

would represent an appropriate alternative, being 3m wide over the majority of its

length, with only a small section of 2.5m in width under the bridge. Horse riding

bodies have raised concerns about the bridge underpass. However, it is considered

that appropriate mitigation, in the form of mounting/dismounting blocks could be

provided and the Surrey County Council PROW officer has no objection to the

proposal in this regard. Whilst there would be inevitable disruption in the construction

phase, this would be temporary and the suitability of the route for walkers, cyclists

and horse riders would be reinstated after the construction period, with what some

may consider to be an improved environment with a new waterside and increased

landscaping.

As outlined within Policy M8, the Downs Link is designated as a strategic movement

corridor. The justification for this designation highlights the complexities to date in

establishing a transport scheme to come forward on the link as well as the fact that

the leisure use of the route is key to its designation. Whilst representations have

been received from a body campaigning for the route to be reinstated as a railway,

there is no evidence of a viable or planned scheme which is likely to come forward

for the site in the near or longer term. Surrey County Council, as majority land owner

of the Downs Link and the authority with overall responsibility for highways within the

Borough, has not objected to the proposal. The probable loss of the land for future

safeguarding for a major public transport initiative is balanced against the public

benefits of the scheme, including access to waterside leisure and improved

landscaping. Overall, the balance indicates that there is no in-principle objection to

the proposal which would bring greater public benefit than harm to keeping the land

undeveloped for a potential future transport use.

9. Design and impact on visual amenity and the special landscape character of the

Area of Great Landscape Value (AGLV)

Policy TD1 states that development should demonstrate high quality design which

respects the local character. Policy RE3 states that within the AGLV the special

landscapes should be preserved.

The proposed canal is an engineering work and would be cut into the existing

pathway with bunding and create an adjacent towpath and drainage ditch. It is

considered that the visual impact on this would not be inappropriate within this

countryside location and would form a visually appropriate part of the new

landscape. The Downs Link is currently only planted in the majority by young self

sown trees, which would be replaced with varied landscaping and native tree

planting. This new landscaping has the potential to provide improved landscape

value. The appearance of the proposed bridge would be acceptable and in line with

expectations for a canal bridge.

The proposal would therefore have an acceptable landscape and visual impact and

is in line with the above Policies.

10. Impact on residential amenity

Policy TD1 of the Local Plan (Part 1) 2018 seeks to ensure that new development is

designed to create safe and attractive environments that meet the needs of users

and incorporate the principles of sustainable development. Retained Policies D1 and

D4 of the Local Plan 2002 are given substantial and full weight respectively due to

their consistency with the NPPF 2018.

Given the separation distances involved to residential properties, the proposal is

unlikely to result in any harm to the outlook, light levels or privacy of neighbours.

11. Biodiversity and compliance with Habitat Regulations 2010

Policy NE1 of the Local Plan 2018 (Part 1) states that the Council will seek to

conserve and enhance biodiversity. Development will be permitted provided it

retains, protects and enhances biodiversity and ensures any negative impacts are

avoided or, if unavoidable, mitigated.

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.’

The submitted Bat Survey Report is appropriate in scope and methodology and

identifies the presence of at least 8 species of bat using the development site for

foraging and commuting. The site is identified as an important corridor for bat

foraging and commuting. The proposed development indicates that a significant

number of trees within this corridor are to be felled (stated as 200), which will result

in loss or fragmentation of this important bat corridor. Recommendations are made

within the bat report to avoid and mitigate for adverse impacts on the local bat

population and subject to these mitigations (to be secured by condition) it is not

considered that there would be an adverse impact. It is also noted that there are a

number of trees within the development site with medium bat roosting potential and

recommended that these trees are inspected immediately prior to the

commencement of works. A condition limiting lighting to that in accordance with bat

sensitivity standards is also recommended.

With regards to impact on badgers, it is noted that there is an identified sett within

around 15m proximity to the development and SWT raises concern with regards to

the impact on badgers on this basis. However, the applicant has subsequently

confirmed that, since the time of the original survey, the sett has been closed under

licence by Surrey County Council. They have confirmed the location of the sett which

corresponds with the location of the sett shown on the confidential survey. On this

basis, it is not considered that there would be any direct harm to badgers as a result

of the proposal.

Further ecological conditions are recommended requiring a LEMP and detailed

mitigation strategies with regards to reptiles, Great Crested Newts and Dormice.

Subject to all of the above conditions, the proposal would provide appropriate

mitigation to prevent adverse biodiversity harm. It is of note that extensive new tree

planting is proposed, which has potential to bring a significant biodiversity

improvement. New copses would be provided all along the route with smaller areas

of understorey planting between to maintain views out over the wider landscape.

This would include the planting of 4500 trees and shrubs. There would also be areas

of wildflower planting. Whilst the details of the landscaping would be secured at

condition stage, the applicant has indicated that they are committed to providing

varied copses of native trees. These additions are likely to provide improved habitat

value.

12. Flooding

Policy CC2 of the Local Plan (Part 1) 2018 states that proposals should not

adversely impact upon flood risk. The site is within flood zones 2 and 3, and an area

at high risk of surface water flooding. The development by its nature also has

potential to impact on other water courses. Following extensive discussions during

the course of the application, the applicant has expanded the site area to incorporate

a flood relief culvert discharging into a stream and flood compensatory area. Subject

to the provision of these measures and detailed conditions requested by the

Environment Agency, the proposal would not have an adverse impact on flood risk.

These conditions are recommended and would ensure a satisfactory standard of

development in this regard.

13. Arboricultural impacts

The land is within the Area of Great Landscape Value (AGLV) that is considered in

planning terms in conjunction with its connectivity to the Surrey Hills Area of

Outstanding natural Beauty (AONB) to the west. The nearest Ancient Woodland

forming a constraint on potential site operations is the Hazelwood on Rushetts Farm

at the north end of the proposed section

All trees that were viewed currently lining the route were either small trees when the

railway closed or have grown up in the 50 or so succeeding years. Realistically, the

initial landscape impact will be significant and involve engineering works requiring

complete removal of trees and latter landscape re-instatement. In recognition of the

significant short term impacts of this approach on both visual and wildlife receptors, it

is proposed to undertake native tree and understorey planting in phases, including a

pre-emptive planting programme.

In the longer term, the planting proposed would re-instate an equitable or greater

height and level of screen planting to that currently in existence. It is noted that the

establishment and growth of new planting would take a decade or more to achieve

any comparative to the current situation and on this basis a landscape management

strategy is required. Subject to this and other trees related conditions, it is

considered that the arboricultural impacts would be acceptable.

14. Transportation Impacts

The acceptability of the proposal with regards to the transport designation of the site

is discussed in principle above. The impact on the route as a Public Right of Way is

considered acceptable by Surrey officers. With regards to the direct transportation

impacts of the development, this has been subject to assessment by Surrey Highway

Officers. No additional parking is proposed to serve the canal which would link into

the existing Downs Link footpath with various points of access on foot. It is not

therefore expected to generate a significant level of vehicle movements in the

operational phase. Given the extent of earth moving and engineering operations in

the construction phase, however, there is potential for significant impact on roads if

appropriate conditions are not applied. Subject to the conditions recommended by

Highway officers, it is considered that the transportation impacts of the development

would be suitably addressed and that the development would be acceptable in this

regard.

15. Conclusion

Whilst the proposal would mean that the land would not remain undeveloped for

potential future sustainable travel initiatives, given that no initiative is currently

proposed or expected to come forward as a viable proposal in the foreseeable

future, the public benefits in terms of biodiversity enhancement, landscape

enhancement and access to waterside leisure are considered to outweigh any harm.

The planning balance assessment concludes that the proposal is in accordance with

the Development Plan, as such, planning permission is recommended for approval.

16. Recommendation

That permission be granted subject to the following conditions and informatives:

1. The plan numbers to which this permission relates are: RCR_PL_000 F; 001

E; 002 C; 003 D; 004 D; 005 D; 006 F; 007 F.

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 TD1

of the Local Plan 2018 (Part 1) and retained Policies D1 and D4 of the Local

Plan 2002.

2. The development shall be carried out in accordance with the submitted

Flood Risk Assessment (FRA): Wey and Arun Canal Re-Instatement,

Rushetts Common, Guildford, Surrey, Flood Risk Assessment & Hydraulic

Model Report, Edition 02, Nijhuis Industries Ltd, 22/12/2020, and the

supporting documents:

Drawings:

RCR_PL_000-Rev F Site and Location Plans

RCR_PL_001-Rev E General Plan Layout and Typical Sections

RCR_PL_006-Rev F Construction Management Plan

RCR_PL_007-Rev F Plan showing Areas of Land Transfer and Pasture

Improvement and the following mitigation measures these detail:

Mitigation Option 3 (the installation of a flood relief culvert to convey the high

return period flows under the proposed new canal and provision of flood

compensation storage downstream to reduce the risk of flooding posed to the

building of Rushetts Farm and any influence on Little Brook) is implemented

as detailed in the FRA: Wey and Arun Canal Re-Instatement, Rushetts

Common, Guildford, Surrey, Flood Risk Assessment & Hydraulic Model

Report, Edition 02, Nijhuis Industries Ltd, 22/12/2020 (FRA).

The proposed flood compensation storage, providing approximately 6,230m3

of flood storage, is provided in accordance with the concept shown on

Drawings RCR_PL_000-Rev F and RCR_PL_001-Rev E and as incorporated

in the hydraulic model detailed in the FRA.

The proposed flood relief culvert under the canal is provided in accordance

with the concept shown on Drawing RCR/PL/003-Rev E in Appendix C of the

FRA and as incorporated in the hydraulic model detailed in the FRA.

The proposed bridge on the eastern side of Rushetts Farm will lie outside the

flood extents for the 1 in 100 year flood including a 40% allowance for climate

change (Section 9.0 of the FRA).

These mitigation measures shall be fully implemented before the development

comes into use. The measures detailed above shall be retained and

maintained thereafter throughout the lifetime of the development.

Reason

To prevent increased flood risk to property upstream and downstream of the

proposed development and improve floodplain storage and thus reduce flood

risk in accordance with Policy CC2 of the Locval Plan (Part 1) 2018.

3. The development hereby permitted shall not commence until such

time as detailed design drawings of the proposed bund and flood

compensation storage has been submitted to, and approved in writing by, the

local planning authority.

- The applicant will finalise the designs for and produce detailed design

drawings of the proposed bund and flood compensation storage, on the left

bank of the Scrubbins Brook, the proposed culvert on the Scrubbins Brook

and the proposed flood relief culvert passing flood flows under the proposed

canal.

- The details of the designs shall be included in a revised version of the

hydraulic model detailed in the FRA (Wey and Arun Canal Re-Instatement,


Model Report, Edition 02, Nijhuis Industries Ltd, 22/12/2020) and the model

rerun to demonstrate that the final design meets the requirements of the FRA.

Reason

To ensure that the detailed design when developed will produce the required

outcome consistent with the FRA in accordance with Policy CC2 of the Local

Plan (Part 1) 2018.

4. The development hereby permitted must not be commenced until, the

hydraulic model, a report summarising the modelling, analysis and results for

a range of return periods (including where appropriate an appropriate

allowance for climate change) and storm durations, together with the detailed

design drawings for these features, shall be submitted to and approved in

writing by the Local Planning Authority subject to consultation with the

Environment Agency. The work shall demonstrate that the detailed proposals

fulfil similar outcomes to that of the concept outlined in the FRA and do not

result in any increase in flood risk elsewhere.

Reason

To prevent increased flood risk to property upstream and downstream of the

proposed development and to improve floodplain storage and thus reduce

flood risk in accordance with Policy CC2 of the Local Plan (Part 1) 2018.

5. The proposed bund and flood compensation storage, shown on drawings

RCR_PL_000-Rev F and RCR_PL_001-Rev E, shall be constructed and be

operational prior to any floodwater being allowed to pass through the

proposed flood relief culvert under the canal shown on drawing RCR/PL/003-

Rev E in Appendix C of the FRA: Wey and Arun Canal Re-Instatement,


Model Report, Edition 02, Nijhuis Industries Ltd, 22/12/2020.

Reason

To prevent increased flood risk to property downstream of the proposed

development, during construction in accordance with Policy CC2 of the Local

Plan (Part 1) 2018.

6. The trees with Low or Medium potential to host bat roosts shall be evaluated

by an appropriately qualified ecologist in line with best practice guidelines,

immediately prior to felling or works, to ensure that active bat roosts are not

present. Works shall only take place in accordance with the

recommendations of paragraphs 4.14 and 4.20 of the Bat Survey Report by

CT Ecology dated 2 January 2019. If a roost is found, all works should stop

and Natural England contacted to establish if a European Protected Species

Licence is necessary to avoid contravention of the above referenced

European legislation.

Reason

To prevent harm to bats and thereby comply with Policy NE1 of the Local Plan

(Part 1) 2018.

7. All mitigation and compensation measures identified within sections 4.11-4.13

of the Bat Survey Report by CT Ecology dated 2 January 2019 shall be

completed prior to the opening of the towpath or within such other timeframe

as stated in the document.

Reason


(Part 1) 2018.

8. No external lighting shall be provided to serve the development, in either the

construction or operational phase, other than in accordance with the

recommendations of the Bat Conservation Trusts’ document entitled “Bats

and Lighting in the UK – Bats and The Built Environment Series”

Reason


(Part 1) 2018.

9. Prior to the commencement of the development, a detailed reptile impact

reasonable avoidance measures strategy written by a qualified ecologist shall

be submitted to and approved in writing by the Local Planning Authority. The

document shall include –

-appropriate detail relating to mitigation measures that may be required,

including translocation proposals for individuals identified within the

development footprint.

- appropriately details regarding enhancement measures to ensure that the

local reptile population are restored or enhanced as a result of development

for the long term.

All measures identified within the document shall be implemented in

accordance with timeframes expressed within it.

Reason

To prevent harm to reptiles and thereby comply with Policy NE1 of the Local

Plan (Part 1) 2018.

10. Prior to the commencement of works, detailed surveys for the following

species shall be submitted to and approved in writing by the Local Planning

Authority.

- Dormice

- Great Crested Newts

All identified actions, mitigations and compensations within the surveys shall

be implemented in site in accordance with the timescales specified.

Reason

To prevent harm to protected species and thereby comply with Policy NE1 of

the Local Plan (Part 1) 2018.

11. No works to clear vegetation of clear the site shall take place between March

and August to avoid the bird nesting season.

Reason

To prevent harm to breeding birds in accordance with Policy NE1 of the Local

Plan (Part 1) 2018.

12. Condition

Prior to the commencement of the development, a Landscape and Ecological

Management Plan (LEMP) shall be submitted to and approved in writing by

the Local Planning Authority. The LEMP shall be based on the proposed

impact avoidance, mitigation and enhancement measures specified in the

ecological reports The LEMP shall also include adequate details of the

following;

- Description and evaluation of features to be managed and created including

measures to compensate for loss of proposed tree and hedge removal

- Demonstrate areas of woodland planting within the proposed landscaping

- Numbers and locations of bat and bird boxes, including provision integral to

the design of the new buildings.

- Aims and objectives of management

- Appropriate management options to achieve aims and objectives

- Prescriptions for management actions

- Preparation of a work schedule for securing biodiversity enhancements in

perpetuity

- Details of the body or organisation responsible for implementation of the

LEMP

- Ongoing monitoring and remedial measures.

- Details of legal / funding mechanisms.

Proposals for net gain shall be clearly reported and recorded through use of

an appropriate metric such as the DEFRA Biodiversity Metric 2.0 in order to

demonstrate that the LEMP will result in a measurable nett gain for

biodiversity which shall be fully secured and funded for the lifetime of the

development.

The measures identified in the LEMP shall be provided on site prior to the first

use of the development by the public or with such phasing as otherwise

agreed within the document. Thereafter the measures shall be retained for the

lifetime of the development.

Reason

To ensure that the proposed canal provides a biodiversity nett gain in order to

comply with Policies NE1 and NE2 of the Local Plan (Part 1) 2018.

13. No development shall commence including demolition and or groundworks

preparation until finalised detailed, scaled Tree Protection Plans (TPP’s) and

the related Arboricultural Method Statement (AMS) is submitted to and

approved in writing by the Local Planning Authority (LPA). These shall include

details of the specification, location and phasing of exclusion fencing, ground

protection and any construction activity that may take place within the Root

Protection Areas of trees (RPA) shown to scale on the TPP, including the

installation of service routings. All works shall be carried out in strict

accordance with these details when approved.

Reason

To safeguard the retained trees and woodland in the interests of the visual

amenity and character of the area in accordance with Policy NE1 of the Local

Plan (Part 1) 2018.

14. Arboricultural Supervision shall be provided in accordance with the following

specifications -

a) No development, site remediation, 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 pre-commencement meeting between the retained

arboricultural consultant, Local Planning Authority Tree Officer and personnel

responsible for the implementation of the approved development and timings,

frequency & methods of site visiting and an agreed reporting process to the

Local Planning Authority.

b) This tree condition may only be fully discharged on completion of the

development subject to satisfactory written evidence of contemporaneous

monitoring and compliance by the pre-appointed tree specialist during

development.

Reason



Plan (Part 1) 2018.

15. Finished ground levels will be in accordance with detail on the approved

plans. No spoil shall be spread with the root protection areas of retained trees

and woodland.

Reason



Plan (Part 1) 2018.

16. No development shall commence on site until a scheme for the landscaping

and replacement tree planting of the site including the retention of existing

landscape features has been submitted and approved in writing by the local

planning authority. Landscaping schemes shall include details of hard

landscaping, planting plans, written specifications (including cultivation and

other operations associated with tree, shrub, and hedge or grass

establishment), schedules of plants, noting species, plant sizes and proposed

numbers/densities and an implementation programme. All hard landscaping

details shall be in accordance with specifications which have previously been

agreed in writing by Surrey County Council Public Rights of Way Officers. All

hard and soft landscaping work shall be completed in full accordance with the

approved scheme, prior to occupation or use of the approved development or

in accordance with a programme agreed in writing with the local planning

authority. All new tree planting shall be positioned in accordance with

guidelines and advice contained in the current British Standard 5837. Trees in

relation to construction. Any trees shrubs or plants planted in accordance with

this condition which are removed, die or become damaged or become

diseased within five years of planting shall be replaced within the next planting

season by trees, and shrubs of the same size and species.

Reason

In the interest of the character and amenity of the area in accordance with

Policy TD1 of the Local Plan 2018 (Part 1) and retained Policies D1 and D4 of

the Local Plan 2002.

17. The 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. The design must satisfy the

SuDS Hierarchy and be compliant with the national Non-Statutory Technical

Standards for SuDS, NPPF and Ministerial Statement on SuDS. The required

drainage details shall include:

a) Evidence that the proposed final solution will effectively manage the 1 in 30

& 1 in 100 (+40% allowance for climate change) storm events, during all

stages of the development. The final solution should follow the principles set

out in the approved drainage strategy.

b) Detailed drainage design drawings and calculations to include: a finalised

drainage layout detailing the location of proposed drainage ditches, pipe

diameters, levels, and long and cross sections of each element including

details of any flow restrictions and maintenance/risk reducing features. This

should include details of the connection points to the Scrubbins Brook.

c) A plan showing exceedance flows (i.e. during rainfall greater than design

events or during blockage) and how property on and off site will be protected

from increased flood risk. This should include details of the proposed overflow

mechanisms.

d) Details of drainage management responsibilities and maintenance regimes

for the drainage system.

e) Details of how the drainage system will be protected during construction

and how runoff (including any pollutants) from the development site will be

managed before the drainage system is operational.

The drainage shall be provided on site as specified within the document within

such timescales as identified in the document and shall thereafter the retained

and maintained for the lifetime of the development.

Reason

To ensure the design meets the national Non-Statutory Technical Standards

for SuDS and the final drainage design does not increase flood risk on or off

site.

18. Upon completion of the scheme, a verification report carried out by a qualified

drainage engineer must be submitted to and approved by the Local Planning

Authority. This must demonstrate that the surface water drainage system has

been constructed as per the agreed scheme (or detail any minor variations),

provide the details of any management company and state the national grid

reference of any key drainage elements (surface water attenuation

devices/areas, flow restriction devices and outfalls), and confirm any defects

have been rectified.

The development shall not be opened prior to the approval of the report.

Reason

To ensure the Drainage System is constructed to the National Non-Statutory

Technical Standards for SuDS.

19. Prior to commencement of the development, detailed design drawings for the

proposed Run Common Road bridge, in general accordance with the

approved plans, shall be submitted to and approved in writing by the Local

Planning Authority, in consultation with the Highway Authority. The

development shall only proceed in accordance with the approved details.

Reason

To prevent harm to transportation networks in accordance with Policy ST1 of



proposed Public Bridleway bridge, in general accordance with the approved

plans, shall be submitted to and approved in writing by the Local Planning

Authority, in consultation with the Highway Authority. The development shall

only proceed in accordance with the approved details.

Reason




proposed ramp to the Bridleway bridge, in general accordance with the

approved plans, shall be submitted to and approved in writing by the Local

Planning Authority, in consultation with the Highway Authority. The

development shall only proceed in accordance with the approved details.

Reason



22. The construction of the development hereby approved shall at all times be

carried out fully in accordance with the measures detailed in the approved

Construction Transport Management Plan (dated October 2019 Rev B).

Reason

To prevent harm to highway safety and efficiency in accordance with Policy

ST1 of the Local Plan (Part 1) 2018.

23. Prior to the commencement of the development, a detailed scheme indicating

the siting and appearance of mounting blocks and any other measures

necessary to allow safe passage under the bridges for horses and their riders

shall be submitted to and approved in writing by the Local Planning Authority.

The measures shall be provided in accordance with the approved details prior

to the first use of the development and thereafter retained for the lifetime of

the development.

Reason

To provide a suitable replacement for the existing bridleway in accordance

with Policy LT11 of the Local Plan (Part 1) 2018.

Informatives

1. The Council confirms that in assessing this planning application it has worked

with the applicant in a positive and proactive way, in line with the

requirements of Paragraph 38 of the National Planning Policy Framework

2019.

2. '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.

3. There is a fee for requests to discharge a condition on a planning consent.

The fee payable is £116.00 or a reduced rate of £34.00 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.

4. Culverting consent - advice to applicant In the reach adjacent to this proposed

development the Scrubbins Brook is an ordinary watercourse. Erection of flow

control structures or any culverting of an ordinary watercourse requires

consent from the lead local flood authority which in this instance is Surrey

County Council. It is best to discuss proposals for any works with them at an

early stage.

5. As the proposed site works affect an Ordinary Watercourse, Surrey County

Council as the Lead Local Flood Authority should be contacted to obtain prior

written Consent. More details are available on our website.

If proposed works result in infiltration of surface water to ground within a

Source Protection Zone the Environment Agency will require proof of surface

water treatment to achieve water quality standards.

If there are any further queries please contact the Flood Risk Asset, Planning,

and Programming team via [email protected]. Please use our

reference number in any future correspondence.

6. You are reminded that a temporary closure order will be necessary from

Surrey County Council for the Public Right of Way. A legal order will be

necessary to close the Bridleway.

7. Safe public access must be maintained at all times and the Bridleway

diversion route must be constructed and inspected by a Countryside Access

Officer prior to the temporary closing of the Bridleway.

8. An official temporary closure order will be necessary. Notice, of not less than

6 weeks, must be given and the cost is to be borne by the applicant.

9. Approval in principle must be obtained from the Surrey County Council

Structures team for the technical design of the bridges.

10. The applicant 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).

11. The developer is advised that it is an offence to obstruct or divert the route of

a right of way unless carried out in complete accordance with appropriate

legislation.

12. The applicant is advised that approval of the detailed design of the bridges

must be sought from Surrey County Council's Structures Team, before any

works are carried out.

13. Notwithstanding any permission granted under the Planning Acts, no signs,

devices or other apparatus may be erected within the limits of the highway

without the express approval of the Highway Authority. It is not the policy of

the Highway Authority to approve the erection of signs or other devices of a

non-statutory nature within the limits of the highway.

14. The permission hereby granted shall not be construed as authority to carry

out any works (including Stats connections/diversions required by the

development itself or the associated highway 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 (including Stats connections/diversions required by the

development itself or the associated highway 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 of the Land Drainage Act 1991. Please see

www.surreycc.gov.uk/people-and-community/emergency-planning-and-

community-safety/floodingadvice.

Documents

WA/2020/0004 - Erection of new bridges, construction of