Application Number MO/2020/0362 (Detailed) and Registration Date 24-Feb-2020

Applicant Mrs J Smith, Windmill Trust

Case Officer Donna Penson

Amendments /amplifications

Committee Date 3 June 2020

Ward(s)

Proposal To hold marquee weddings/events on the field adjacent to the windmill, in conjunction with the roundhouse of the windmill building, 6 per year between May - September for 80 guests. Including the erection of shed along with associated car parking, lighting and portaloos in the field.

Site Description Lowfield Heath Mill, Russ Hill, Charlwood, , , RH6 0EN

RECOMMENDATION: Approve subject to conditions

Summary

The site is located within the Green Belt west of Charlwood Village. The site comprises a Grade II listed mill which has been restored back to working order by the Trust.

This application seeks a provision for the future of the mill in terms of its running and general maintenance. Although the Trust organises open days from which contributions are fully appreciated, the income is not nearly enough to run the mill. Without a main source of income, the mill would fall into disrepair.

Permission is sought to use the roundhouse and adjacent field to hold marquee weddings/events, 6 per year between May- September for 80 guests and to construct a shed for storage, with associated car parking, portaloos and lighting in the field.

The storage shed would be the only permanent structure all other associated paraphernalia namely but not limited to: parking mesh, lighting, marquees and portaloo would be constructed the day before the event and removed the following day after each event.

1. Development Plan

1.1. Metropolitan Green Belt

1.2. Listed Building

1.3. Tree Preservation Order

1.4. Within 200m of SSSI

2. Relevant Planning History

MO/86/0928 Re-erection of Post-Windmill 24sqm Approved. 22.10.1986

MO/97/0887 Restoration of Windmill involving construction of Approved. second set of sails, installation of internal machinery, 11.08.1997 grain bins, mill stones, lightening conductor, conversion of round house into visitor centre.

3. Description of Development

Figure 1 - Site Plan

3.1. Lowfield Heath Windmill is a Grade II listed on the edge of the village of Charlwood, Surrey which has been restored to working order. Charlwood is immediately northwest of London in West , south west of Horley and north of Crawley.

3.2. The site is approximately 1.16ha. The closest residential properties are to the south and to the east of the site and at Millfields Crescent. The properties at Millfields Crescent were designed and constructed in 2003 following the closure of Gatwick Zoo and after the windmill was relocated to the site.

3.3. Access to the windmill is from Russ Hill Road, and the windmill is situated within a field, within a rural setting, adjacent to Gatwick Airport. The access track to the windmill is 3m wide with a hardcore base, and a crushed stone topping, whilst the windmill itself is surrounded by a clipped box hedge with a pedestrian gate, within a field.

Figure 2 - Aerial Photography - Google Maps

3.4. The verges of Russ Hill Road and eastern boundary of the site are characterised by mature hedging and the western and northern boundaries are post and wire fencing.

3.5. The current application seeks permission to hold marquee weddings/events on the field adjacent to the windmill, in conjunction with the use of the roundhouse of the windmill building, 6 per year between May and September for 80 guests and to construct a shed for storage, with associated car parking, portaloo’s and lighting in the field. 3.6. The storage shed would be the only permanent structure all other associated paraphernalia namely but not limited to: parking mesh, lighting, marquees and portaloo’s would be laid out the day before the event and removed the following day after each event.

Figure 3 - Proposed Block Plan

Figure 4 - Type of parking mesh

Figure 5 - Type of marquees

Figure 6 - Proposed storage shed

4. Consultations

Concern Officer Comment Condition

4.1. Surrey Highways Noted N/A

Has undertaken an assessment in terms of the likely net additional traffic generation, access arrangements and parking provision and are satisfied that the application would not have a material impact on the safety and operation of the adjoining public highway. The County Highway Authority therefore has no highway requirements.

4.2. Tree Officer Noted Condition 2 and 8 No objection. The ecology and tree report can be conditioned accordingly.

4.3. Notes that the application is submitted with Conditions an ecology and tree report which can be 2, 8 and 9 condition accordingly, however they have additional comments relating to the findings of bats and badger which will be discussed within the report below.

4.4. Historic Environment Noted Conditions Officer 2, 3 and 4

No objections to the scheme and recommends conditions relating to amount of events, location of marquees and removal of marquees

4.5. Environmental Health Noted. Conditions 3, 4, 5, 6 No objection but recommends In terms of venue management plan which and 11 conditions relating to number has been suggested detailing how and of events, hours of operation when the venue marquees will be set up including live music control and removed. This is already covered in and details relating to condition 4. amplified music, venue management, logging In terms of a condition requiring the complaints and no fireworks applicant to record any complaints received. This is not considered to meet the statutory tests for planning conditions as noise complaints are covered by other legislation

4.6. Access The building is currently used as a visitor N/A centre for open days. Due to the original Hope that accessibility construction methods of this windmill there requirements have been taken are very steep steps involved. There is no into account disabled access beyond the ground floor.

4.7. Crime Prevention No comments received N/A Officer

5. Representations

5.1. 6 letters of representations were received from neighbouring properties (4 objections and 2 support) raising the following summarised concerns:

Concern Officer Comment Condition

Insufficient parking has been Parking and Highway Condition 2 and Informative made for 100 guests with concerns will be discussed 1 only 23 parking spaces. within the report.

The only entrance to the site is on a blind bend and this would be made worse if vehicles park on the road. Causing highway safety concerns

This would cause visitors to park within Millfield Crescent which is a private road

No transport links within the vicinity.

The open nature of the site A noise assessment has Conditions 2, 4, 5, 6 and 7 and close proximity to been submitted as part of the houses means house application. disturbance from music well into the night. The noise impacts will be discussed below within the Disruption in many ways. report. Under impact on amenity. Noise management plan does not deal with low A condition will be imposed frequency sound waves. relating to hours of Bass sound will be the operations. loudest and will penetrate the marquees.

Being in the flight path of Gatwick, ambient noise level is already high. Air traffic noise along with the additional noise generated would be intolerable

There is a Shetland pony on The agent has confirmed that N/A the land. Surely this would the pony will be taken to cause harm. another field and returned after the event.

Discrepancy with the The site itself does not fall Condition 2 and 9. application. within a designated flood zone. Section 11 – Flood Risk. The application makes no It is noted that part of the site reference that the area is has been waterlogged given prone to flooding. It has been the significant amount of flooded for months which has rainfall which has occurred. been occupied by wildlife. The erection of any The proposal is to carry out marquee, on this ground, events May to September in would pose a danger to warmer months. habitat and personal. A details ecology report has Prone to flooding been submitted as part of the application which was carried out in January 2020.

The Windmill is one of 50 left No alterations to the N/A in the UK. It is also 12th structure of the windmill is oldest. Its heritage has required to accommodate earned its Grade II listed these events. status. The windmill is already used To subject such a delicate on open days. structure to this type of events is unconscionable. Impact on the heritage asset will be discussed below.

Once the marquees are The marquees will not be Condition 3 erected they will be become permanent. They will be permanent erected before the event and removed the following day.

A condition will also be imposed to ensure this requirement is carried out.

Marquee and shed would Impact on amenity will be N/A overlook our rear garden. addressed below.

Right to view is not a planning consideration

Site is adjacent to Glovers An ecology report has been Condition 2, 8 and 9 Wood SSSI. submitted as part of this application.

This will be discussed below within the report.

If planning permission is Conditions will be imposed Conditions 4, 5, 6, 7 and 8. granted. The following relating maximum of 6 Informative 1. conditions should be events, end time for guests imposed: to vacant site along with the amplified music. Maximum of 6 annually A condition will also be Events should have a strict imposed for the type of low end date level lighting to be used.

No parking on Russ Hill or In terms of no parking on Millfield Crescent Russ Hill or Millfields Crescent. This is not Lighting should be low level something which can be conditioned as it falls outside Equipment/Amplified music the red edge. The agent has should have an end date confirmed that the event organiser will ensure that parking will not occur on Millfield’s Crescent, and this will be taken care of by marshalled parking, and by prior notification to guests by the events management company.

Parking will also be discussed within the report. Request that no fireworks Noted Condition 11 take place at these events. This would affect animals and wildlife nearby

5.2. Charlwood Parish Council

Concern Officer Comment Condition

Supports the application Noted. A condition would be Conditions 4 and 5 providing it is limited to six imposed on operating times. events with an end time of 22.30 hours

Appreciate and applaud the Noted. A condition would be Condition 7 intent to minimise light imposed for the type of pollution. lighting.

5.3. The Charlwood Society

Concern Officer Comment Condition

The committee would regret Noted. N/A any change to the open setting of this historic mill. However, it notes that the Windmill urgently needs money to preserve its structure and would look sympathetically on its trustees wish to look ahead and explore ways of raising funds.

Storage shed should be The storage shed is N/A discreet as possible, so not considered modest in size to detract from the setting of and located far away from the mill. the Heritage Asset.

Conditions be imposed A comprehensive acoustic Conditions 2, 4, 5 and 6 controlling the frequency of report has been submitted as use and type of use, so not part of the application. to cause disturbance. A condition will be imposed restricting the numbers of events to six. Along with restriction on times.

Views of neighbours will be Noted. The summarised N/A considered points from letters of representation form part of the assessment of the application

6. Main Planning Policies

6.1. Government Guidance NPPF

Section 6 – Building a strong, competitive economy Section 11 – Making effective use of land Section 13 – Protecting the Green Belt Section 16 – Conserving and enhancing the historic environment

6.2. Mole Valley Core Strategy CS14 – Townscape, Urban Design and the Historic Environment CS15 – Biodiversity and Geological

6.3. Mole Valley Local Plan ENV4 – Landscape Character ENV15 – Species Protection ENV22 – General Development Control Criteria ENV23 – Respect for Setting ENV43 – Alterations and Additions to Listed Buildings ENV57 – Lighting Proposals MOV2 – The movement implications of Development MOV5 – Parking Standards

6.4. Other Documents Landscape Character

7. Main Planning Issues

7.1. The main planning issues for consideration are

* Whether the proposal would be inappropriate development within the Green Belt, including the effect on openness

* The effect of the proposal on the character and appearance of the area

* Impact on heritage asset

* Other considerations

Policy Context

7.2. The site is located within the Green Belt outside any defined settlement area and within the Area of Outstanding Natural Beauty. The essential characteristics of Green Belts are their openness and their permanence.

7.3. Paragraph 144 of the NPPF (February 2019) states when considering any planning application, local planning authorities should ensure that substantial weight is given to any harm to the Green Belt. Some forms of development are not considered inappropriate in the Green Belt. Those forms of development that are considered inappropriate should only be permitted if Very Special Circumstances can be demonstrated and if they are sufficient to outweigh the harm to the Green Belt.

7.4. Paragraph 81 states that planning policies and decisions should enable (a) the sustainable growth and expansion of all types of business in rural areas, both through conversion of existing buildings and well-designed new buildings; (b) the development and diversification of agricultural and other land-based rural businesses; (c) sustainable rural tourism and leisure developments which respect the character of the countryside; and (d) the retention and development of accessible local services and community facilities, such as local shops, meeting places, sports venues, open space, cultural buildings, public houses and places of worship.

7.5. Section 16 of the NPPF states when determining applications, local planning authorities should take account of (a) the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation; (b) the positive contribution that conservation of heritage assets can make to sustainable communities including their economic vitality; and (c) the desirability of new development making a positive contribution to local character and distinctiveness.

7.6. Core Strategy Policy CS14 seeks to ensure that new development respects and enhances the character of the area through high quality design.

7.7. Local Policy CS15 states that biodiversity areas of geological importance will be protected and enhanced in accordance with European and National Legislation.

7.8. Policy ENV4 – Landscape Character: The Council will seek to ensure that development proposals and forestry schemes in the countryside and rural settlements conserve and will not detract from the character of the local landscape. In determining planning applications account will be taken of the visual impact of the proposed development on the landscape, the extent to which the impact of new buildings has been softened and integrated into the landscape by careful consideration of siting, design, colour and associated planting and whether any existing landscape features such as trees and hedgerows should be retained.

7.9. Local Plan Policy ENV22 sets out the general development control criteria against which applications will be assessed. It seeks to ensure that new development is appropriate in terms of its scale, form and massing and respects the character and appearance of the locality.

7.10. Local Plan Policy ENV23 sets out that new development will normally be permitted where it respects its setting taking account of the scale, character, bulk, proportions and materials of the surrounding built environment and public views warranting protection.

7.11. Policy ENV43 sets out that alterations to listed buildings would normally be permitted providing that the proposal preserves the heritage asset and that the proposal does not detract from the character or setting of the building.

7.12. Policy ENV57 sets out that lighting proposals would only be permitted where they would not significantly and adversely affect the amenities of residential properties, Conservation Areas or Listed Buildings, or the character and appearance of the countryside.

7.13. Local Plan Policy MOV2 sets out that new development will normally be permitted where it can be demonstrated that it is or can be made compatible with the transport infrastructure and the environmental character in the area.

Whether the proposal would be inappropriate development in the Green Belt including the effect on openness

7.14. The site lies within the Metropolitan Green Belt. As detailed in paragraph 143 of the Framework, inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances.

7.15. Paragraph 144 continues to state when considering any planning application, local planning authorities should ensure that substantial weight is given to any harm to the Green Belt. ‘Very special circumstances’ will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm resulting from the proposal, is clearly outweighed by other considerations. The construction of new buildings are considered inappropriate development unless they meet one of seven exceptions in paragraph 144. The Framework also confirms that certain forms of development are not inappropriate in the Green Belt provided that they preserve its openness and do not conflict with the purposes of including land within it. Of relevance here are bullet points d) the re-use of buildings provided that the buildings are of permanent and substantial construction and e) material changes in the use of land.

7.16. The site is currently occupied by a Grade II listed windmill on open undeveloped fields. The windmill has successfully been restored back to working order. The application proposes the use of the roundhouse and field for weddings and events, a maximum of 6 events per year between May and September, for 80 guests. The revenue from the events is intended to provide funding for the ongoing maintenance of this heritage asset.

7.17. The roundhouse is considered a permanent and substantial construction which would be used for some ceremonies, no alterations are required to the heritage asset. However, the proposed material change of use would mainly take place on the adjacent field thus not entirely contained within the roundhouse. An area of the site would be allocated for one or two marquees which would be erected for each event, together with an area for the provision of Portaloos. In addition, grass reinforcement mesh would be laid to accommodate a parking area along with temporary low level bollards. The ancillary paraphernalia used in association with the events would be erected, the day before the event, then removed the day after. The modest shed would be positioned to the far east of the site which would accommodate machinery for maintaining the grounds.

7.18. The openness of the green belt has both a physical and spatial dimension. Although, the existing screening of mature hedging and trees limits the visual impacts, the activities will clearly be seen from the north and west and from distance views of Charlwood. Although, there would only be 6 events per year it is considered that there would be a loss of openness when the events occurred, largely due to the marquees, parking of vehicles and the activity associated with such events, however this is considered to be limited. Therefore, the use is not considered to preserve the openness of the Green Belt and is therefore inappropriate development.

7.19. If the development is inappropriate development, whether the harm to the Green Belt by reason of its inappropriateness, and any other harm is clearly outweighed by other considerations, so as to amount to the very special circumstances necessary to justify it.

7.20. The shed is a small portion of the proposal and the only permanent structure, all other paraphernalia would be erected the day before and removed the following day. The need for the modest shed along with the material change of use of the Land is to generate a source of income for the mill.

7.21. The Trust currently hold open days which will continue to raise funds and donations are welcome and greatly appreciated, however the income generated from such events is not sufficient to cover the general cost and maintenance of the mill. As the mill is a heritage asset the maintenance requires specialised work which can be expensive. Financial information has been submitted as part of the application which indicates a significant gap in revenue when compared to the running costs. The trust have looked at various options but consider that the mill is a unique setting to hold wedding or events.

7.22. Without a source of income for the mill, the mill would fall into disrepair which would be significantly harmful to the heritage asset and also a detriment to the area. Given these factors it is considered that, in this instance, very special circumstances exist to outweigh the limited harm to the Green Belt’s openness to justify the development.

The effect of the proposal on the character appearance of the area

7.23. Lowfield Heath Windmill is situated within the Wooded Landscape Character which is describes as follows:

7.24. ‘The Wooded Weald is a large LCA covering most of the countryside in the south west quarter of the District. It meets the Open Weald to the east, with the boundary roughly following Henfold Lane and Road, south through the centre of …Many of the smaller villages - particularly those in the south west of the District - retain a very close relationship with the surrounding landscape. They have kept their intimate scale, within which the landscape of woodland, small fields and narrow lanes is easily appreciated’.

7.25. The area surrounding the site provides a generally pleasant rural setting. Surrounding fields are largely undeveloped with boundary hedging including strong lines of trees and woodland.

7.26. The marquees would not be a permanent structure as they are expensive to hire. The person who hires the mill grounds would pay the required fee for the marquee hire. The marquee(s) would then be erected before the event and removed the following day. The type of marquee would vary depending on the request of the booking. The application has provided some detail on the type of marquees which can be seen in figure 5.

7.27. The maximum size of the marquees would be 6m x 12m although there are alternative sizes of marquee and this would depend on the booking, this application is being considered on the worst case scenario. 7.28. The parking mesh is a simple product which can be used if required. The whole ethos of this application is to leave the site the in the same condition after the event as it was before the event. The type of mesh proposed can be seen in figure 4.

7.29. The modest storage shed which would be located to the far eastern side of the site has been designed to both minimise the visual impact and incorporate appropriate materials and detailing. The structure is simple and utilitarian, clad in feather-edge boarding with barn style doors, no glazing and a plain clay-tiled roof.

7.30. The proposed lighting would be minimal with subtle down lighting provided by portable bollards or similar. A condition detailing the proposed lights is recommended.

7.31. Although, the marquees, portaloos lighting and parking of vehicles would be visible during events, this would be minimal given the limited amount of events on the Land. It is therefore considered that the proposal would not have significant detrimental impact on the character of the area in compliance with the aims of local policies and the advice within the NPPF.

Impact on the Heritage Asset

7.32. Section 16 of the NPPF states when determining applications, local planning authorities should take account of (a) the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation; (b) the positive contribution that conservation of heritage assets can make to sustainable communities including their economic vitality; and (c) the desirability of new development making a positive contribution to local character and distinctiveness.

7.33. Lowfield Heath Windmill is a Grade II listed building. It was added to the statutory list of designated building on 11th November 1966. The listing entry for the building reads “Post mill. Thought to date from 1762 but removed from original site 2 ½ miles away in 1987 because of the expansion of Gatwick airport and extensively restored. Late C20 brick roundhouse with original chamfered centre post to trestle and 3 of the other 4 posts original. Late C20 tailwheel. Ogee shaped body has many original timbers but the weatherboarded cladding is late C20 and the steps are mainly renewed. The front face has 2 blocked windows and Dutch door to base with wooden prentice. Side have 3 openings with wooden comices on brackets. Windshaft is original but the 1 pair of sails present at time of survey in late C20.

7.34. The proposal forms special circumstances to create sufficient income for the Trustees to ensure the ongoing maintenance of the mill building. The Trust received a National Lottery Grant towards the restoration of the windmill but this was exclusively for its reconstruction and does not provide any support towards cyclical maintenance.

7.35. No works to the windmill are required to facilitate the wedding use. There would be no alteration to the appearance, fabric or historic context of the mill as a result of the proposed scheme. The proposed parking area would be to the north of windmill, with the grass reinforcement mesh barely visible. Given that the Trust hold open days where parking is provided it is considered that the impact on the setting of the heritage asset is negligible.

7.36. In terms of the marquees, initially, the Historic Environment Officer raised concerns over the potential of the marquees being a permeant feature of the landscape which would harm the setting of the heritage asset. However, further information has been provided which sets out the relationship between the windmill charity and the events company insofar as the latter would effectivity hire the windmill site to hold events and erect and dismantle their own marquees and equipment for each event. 7.37. It is emphasised that the marquees would be needed at other events elsewhere. There is therefore a financial disincentive to leave the marquees on the site between events. This provides reassurance that the impact of the marquee on the setting will be an ephemeral one. In addition to this, the Historic Environment Officer is content with the design and size of the marquees which will minimise the harm to the setting of the listed building.

7.38. Further information submitted in support of the application also sets out in more detail the financial implications of maintaining this structure, providing an audit of invoices for its repair and maintenance and giving a clearer insight into the basis for projected maintenance costs over the next 10 years. It is clear that there is a fundamental issue (gap) with the limited revenue raised through events such as Open Days and the substantial cost of maintaining this structure.

7.39. The optimum viable use for specialised historic structures such as these is for their original designed purpose. They are quite difficult to put into alternative uses, and those uses that give rise to the greatest asset value (such as a dwelling), impose the greatest levels of intervention and harm to their fabric and interest, for example the stripping out of working parts, insertion of windows, services and accumulation of associated domestic paraphernalia. This level of change damages the very significance the alternative use claims to preserve and is therefore considered a last resort. On this basis i.e. in enabling a good, sensitive use to continue and in terms of the detailed costings and the intermittent impact of the marquees, the Council are satisfied that this proposal achieves an appropriate balance between the limited and temporary harm to the setting of the listed building and securing its optimum viable long-term use and maintenance.

7.40. It is therefore considered that the proposal complies with the aims of the NPPF and local policies concerning the conservation of heritage assets.

Other Considerations

Impact on neighbouring amenity

7.41. Concerns have been raised that the marquee and shed would overlook properties causing impact to amenity.

7.42. The properties located to the north in Millfield Crescent are sited at least 100 metres away. It is accepted that when the marquees are in situ for an event they would be visible but are not considered to cause overlooking concerns to residential amenity.

7.43. Other concerns which has been raised is over the noise of such events, in particular to the amplified music and PA system. It was clearly evident from the site visit that the site is close to the flight path of Gatwick where the noise from aircrafts is quite significant. The ambience noise arising from the amplified music and the PA system would be not be significantly worse when compared to aircraft noise. It is however accepted that the aircraft noise is intermittent.

7.44. The application is accompanied with a noise management plan and acoustic report which has been reviewed by the Councils Environment Health Officer (EHO). The EHO explains that the submitted scheme provides detailed information but insufficient information over how the system will be installed and operated is missing. The submission states what they aim to achieve but does not adequately detail how it will be delivered. However, this can be addressed through an imposed condition,

7.45. The EHO does not raise any objections to the proposal but recommends conditions relating to number of events, hours of operation, music control, and no fireworks. 7.46. Approval is being recommended based on the limited numbers of events which are required to ensure the mill can be maintained. It is accepted there will be some disturbance to neighbouring amenity but with the imposed conditions and limited numbers it is not considered to significant harm neighbouring properties.

Impact on Trees and Ecology

7.47. Section 40 of the Natural Environment and Rural Communities (NERC) Act 2006 places a duty on all Local Planning Authorities (LPAs) to conserve biodiversity – including restoring and enhancing species, populations and habitats, as well as protecting them.

7.48. Paragraph 175 of NPPF sets out the four principles in terms of biodiversity.

(a) significant harm to biodiversity resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for, then planning permission should be refused;

(b) development on land within or outside a Site of Special Scientific Interest, and which is likely to have an adverse effect on it (either individually or in combination with other developments), should not normally be permitted. The only exception is where the benefits of the development in the location proposed clearly outweigh both its likely impact on the features of the site that make it of special scientific interest, and any broader impacts on the national network of Sites of Special Scientific Interest;

(c) development resulting in the loss or deterioration of irreplaceable habitats (such as ancient woodland and ancient or veteran trees) should be refused, unless there are wholly exceptional reasons and a suitable compensation strategy exists; and

(d) development whose primary objective is to conserve or enhance biodiversity should be supported; while opportunities to incorporate biodiversity improvements in and around developments should be encouraged, especially where this can secure measurable net gains for biodiversity.

7.49. This development would not involve the first three principles and would adopt the fourth principle.

7.50. The site lies adjacent to Glovers Wood which is a SSSI. This application is accompanied with an ecology and tree report, which also indicates certain enhancements in order to achieve biodiversity gain.

7.51. The objectives of the survey were to identify whether there are site constraints in respect of ecology and arboriculture and where appropriate, establishes commensurate mitigation and enhancement measures.

7.52. The SSSI is adjacent, to the north west of the site. The proposal is towards the east of the site, limiting the any potential impact to the SSSI. No trees would be lost to the proposed development. With the exception of one tree all of the habitats within these sites are common, widespread and easily recreated. Given the location of the SSSI and the limited amount of operational development, it is not considered that the SSSI would be affected by the proposal.

7.53. In terms of protected species, the survey assesses the following species badgers, bats, breeding birds.

Findings

7.54. Badgers

The report has identified the presence of an active badger sett within the development site. The report indicates that the proposed development is not considered to impact upon the sett location as the temporary nature of the marquees do not pose a direct risk, furthermore the parking area is considered a sufficient distance away. In order to minimise disturbance on the badgers associated with the sett, restrictions on the number of events should be imposed. However, the risk of disturbance remains.

Badgers are legally protected under The Protection of Badgers Act 1992 and Schedule 6 of the Wildlife and Countryside Act (1981 as amended), which makes it illegal to wilfully kill, injure, take, possess or cruelly ill-treat a Badger, or attempt to do so. It is also an offence to damage, destroy or interfere with a badger sett or disturb a badger while it is occupying a sett.

A distance of a minimum of 30m should be maintained between the sett and any development/groundworks or tracked vehicles. Surrey Wildlife Trust has suggested a further condition is imposed relating to a further survey be undertaken to check for any new signs of badger sett construction on site and if a badger activity is detected a suitable course of action shall be submitted and approved accordingly.

7.55. Bats

There is an active bat roost within the mill that appears to be associated with the underside of the revolving upper level of the building. In addition, some of the surrounding tree resource within the site have potentially suitable bat rooting features.

The proposal includes to use the ground floor of the Mill for wedding ceremonies/events. The Mill is currently opened to the public infrequently during the summer months. No significant change in use would therefore be anticipated, and so the existing bat roost should not be adversely influenced by this change of use. The car parking and marquees (where light disturbance would be most intense) will be located to the north and east of the Mill, respectively, and therefore emerging bats can still exit into darkness to the west and south, respectively, given that the upper floor of the Mill has an open access along the entire circumference of the building.

The type of lighting used within a development, as well as its location and intensity, is of importance to bats. It is therefore recommended that for any evening events, lighting should use low intensity bollards and/or using low intensity LED lights. This form of lighting will transmit its illumination in a downwards direction with no light emitted above the horizontal to minimise light pollution and light spillage beyond the edge of the development. This is also something that is echoed by Surrey Wildlife Trust and any lighting should comply with the relevant guidance “Bats and Lighting in the UK – Bats and The Built Environment Series”. It is accepted that the positioning of low level lighting is annotated on the proposed block plan, however as bats are a protected species it is considered that a condition be imposed on any decision to require actual details of the lighting which is supported by Surrey Wildlife Trust and the mitigation measures within the report.

7.56. Breeding birds

The boundaries and the internal hedge surrounding the mill have the potential breeding habitat for occupation by a small range of common and widespread birds. The infrequent use of the site for short durations is not considered to have a significant impact upon the breeding birds. 7.57. Overall it is considered that the proposal would not cause a significant impact to protected species, habitats and trees compliance with the NPPF and local policies. A condition is recommended to require compliance with the recommendations of the ecology report.

Highway and Parking

7.58. Millfield Crescent is a private road, however the NPPF and Local policies do not distinguish between private and public highway. In accordance with Surrey County Councils Parking Standards, some uses require an individual assessment.

7.59. The windmill is currently used for at least 8 open days a year with parking provided for 23 visitor spaces on the site which will continue throughout the year. The submitted information states the proposal will not increase the amount of visitor parking that is already supplied. It is envisaged that the events will also require parking for delivery vans for staff catering and for the setting up and taking down the marquees but this would be within the same area.

7.60. The parking area is on level ground in the field and will be treated with a mesh that simply requires rolling out and pegging down. This system allows grass to grow through. The mesh disappears into the turf after a few mowing’s and a bit of rain and is very effective in stopping rutting. This product or a similar product is to be laid on top of the field. As already occurs with the existing open days, the parking area on the field will be used for a temporary period only, whilst the events are being held.

7.61. The total number of guests would be 80 with a maximum of 20 staff, however these figures maybe less as some events maybe smaller.

7.62. The parking area would create 23 parking spaces. Concerns have been raised that this is insufficient. There is not a requirement for a lot of parking on site as guests would arrive and depart by shared vehicles and taxis, this would also be encouraged by the events management company when bookings are made. It is considered that a travel management plan should be submitted to the Council which will clearly outline the intentions in accordance with Surrey County Councils “Travel Plans Good Practice Guide, this information can be secured by condition.

7.63. Concerns have been raised that guests would park on Millfield Crescent or even Russ Hill. The event’s organiser would ensure that parking would not occur on Millfields Crescent or Russ Hill and this would be taken care of by a marshalled parking on the days of events. An informative is recommended regarding the use of a parking marshall.

7.64. Although the Highways Authority have undertaken an assessment in terms of the likely net additional traffic generation, access arrangements and parking provision and are satisfied that the application would not have a material impact on the safety and operation of the adjoining public highway. It is considered to ensure best practices are encouraged a travel plan is required to outline how this will be carried out in accordance with the aims of the NPPF and local policies ENV22 and MOV2.

Conclusion

7.65. This proposal is considered to be inappropriate development within the Green Belt as it does not preserve openness, although this would be limited given the amount of events. The very special circumstances put forward are considered to clearly outweigh the harm to the Green Belt as the proposal would support both the local and the wider community, as well as provide an effective way for the Trust to be able to obtain an annual income from hiring the Mill grounds for wedding events. The income from hiring the Mill grounds for only 6 events during May to September is sufficient for the Trust to be able to regularly maintain the Grade II listed building for the at least the next 10 years.

8. Recommendation

Permission be GRANTED subject to the following conditions/reasons:

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

Reason: To comply with Section 91(1) of the Town and Country Planning Act 1990 as amended by Section 51(1) of the Planning and Compulsory Purchase Act 2004.

2. The development hereby permitted shall be carried out and completed in all respects strictly in accordance with the submitted documents and plans:

Planning Design and Access Statement and Addendum Combined Arboricultural and Ecology Statement Acoustic Report and Noise Management Plan dated Heritage Statement Viability Statement 19/350/100 Site Location Plan 19/350/101 Existing Block Plan 19/350/102 Existing elevations and roundhouse 19/350/201A Proposed Block Plan -19/350/202 Proposed elevations and roundhouse and storage shed

contained within the application and no variations shall take place.

Reason: To accord with the terms of the submitted application and to ensure minimal impact on local amenity and the environment in accordance with Mole Valley Core Strategy policy CS14 and Mole Valley Local Plan policy ENV22.

3. All equipment in association with the material change of use, namely but not limited to parking mesh, lighting, marquees and portaloos shall only be laid out/erected within the areas as detailed on plan number 19/350/201 and shall only be erected/laid out the day before the event and removed the following day after the event.

Reason: To protect the amenities of the area, biodiversity and wildlfie and the setting of the hertiagte asset in accordance with Mole Valley Local Plan policy ENV22 and policies CS14 and CS15 of the Mole Valley Core Strategy and the advice within the NPPF. 4. The material change of use hereby permitted shall only occur on 6 days during one calendar year between May and September and the total number of guests attending each wedding/event to not exceed 80 persons.

Reason: To protect the amenity and privacy of adjoining residential properties and in the interest of highway safety in accordance with Mole Valley Local Plan policy ENV22 and MOV2. 5. The material change of use hereby permitted shall only take place between the hours of 12:00 to 22:00 and all guests shall have left the site by 22:30 hours. All live and recorded entertainment must take place within the soundproof marquee. All amplified and non-amplified music must cease by 22:00 hours.

Reason: To protect the amenity and privacy of adjoining residential properties in accordance with Mole Valley Local Plan policy ENV22. 6. Prior to commencement of operations a detailed scheme of amplified music management and control shall be submitted to and approved by the local authority. The scheme shall include but not be limited to:

i. A schematic diagram detailing all equipment to be installed and available for the playing of amplified with suitable supporting technical specifications; ii. Details of commissioning and calibration to set up and limit the noise output from the equipment in accordance with the noise targets specified in Section 5 of the Sustainable Acoustics Feasibility Report. iii. The monitoring to be carried out and the data to be collected. iv. Proposals for ongoing management and monitoring

The scheme of amplified music management as agreed by the local planning authority shall be carried out prior to commencement of operations and a verification report with supporting data to show suitable set up of the equipment shall be submitted to and approved by the Local Authority within 2 months of the date of first operation.

Reason: Reason: To protect the amenity of the local area and ensure a satisfactory environment for occupiers of adjoining properties accordance with Mole Valley Local Plan policy ENV22 and policy CS14 of the Mole Valley Core Strategy.

7. Prior to the commencement of the development details of the proposed temporary low level bollard lighting shall be submitted to and approved in writing by the Local Planning Authority. The lighting shall only be installed for the event and is to be removed after each event. Details submitted shall be in line with Surrey Wildlife Trust "Bats and Lighting in the UK - Bats and The Built Environment Series".

Reason: To protect the amenities of the area, and in particular to minimise the adverse affects on wildlife in accordance with Mole Valley Local Plan policy ENV22 and policy CS15 of the Mole Valley Core Strategy. 8. The recommendations set out within the applicant's Combined Arboricultural and Ecology Statement dated February 2020 and submitted in support of the application shall be carried out in full before the development is occupied.

Reason: To safeguard the ecological interest of the site in accordance with Mole Valley Local Plan policy ENV15 in accordance with policy CS15 of the Mole Valley Core Strategy and the National Planning Policy Framework. 9. Prior to the commencement of development, a survey of the site by an appropriately qualified ecologist should be undertaken, to check for any new signs of badger sett construction on site. If any badger activity is detected a suitable course of action shall be submitted to and approved in writing by the local planning authority to prevent harm to this species. Any deep excavations left overnight should be provided with a ramped means of escape and stockpiles of soft materials shall be covered overnight to prevent badgers excavating new setts.

Reason: To safeguard the ecological interest of the site in accordance with Mole Valley Local Plan policy ENV15 in accordance with policy CS15 of the Mole Valley Core Strategy and the National Planning Policy Framework. 10. Prior to the commencement of the development a Travel Plan shall be submitted for the written approval of the Local Planning Authority in accordance with the sustainable development aims and objectives of the National Planning Policy Framework, Surrey County Council’s “Travel Plans Good Practice Guide”, and in general accordance with the 'Heads of Travel Plan' document and then the approved Travel Plan shall be implemented for each event, thereafter maintain and develop the Travel Plan to the satisfaction of the Local Planning Authority.

Reason: The above condition is required in recognition of Section 4 “Promoting Sustainable Transport “ in the National Planning Policy Framework 2012, in accordance with the National Planning Policy Framework, the Surrey Transport Plan, and saved polices MOV2 and MOV5 of the Mole Valley Local Plan. 11. There shall be no fireworks at any time on the Land.

Reason: To protect the amenity and privacy of residential properties and wildlifee, in accordance with Mole Valley Local Plan policies ENV15 and ENV22. 12. Details of all events shall be recorded including any complaints with any corrective action taken. These records shall be made available to the local planning authority, if required, in order to monitor.

Reason: To protect the amenity of the local area and ensure a satisfactory environment for occupiers of adjoining properties accordance with Mole Valley Local Plan policy ENV22 and policy CS14 of the Mole Valley Core Strategy.

Informatives

1. The applicant is to ensure that no parking would take place on Millfields Crescent or Russ Hill and all entering and exiting traffic shall have a traffic marshall or security guard.