Amy McNulty To: All Members of the AREA Trainee Democratic Services Officer PLANNING COMMITTEE (WESTERN Democratic Services AREA) (Other Members for Information) E-Mail: [email protected] Direct line: 01483 523492 Calls may be recorded for training or monitoring Date: 18 October 2013
Membership of the Area Planning Committee (Western Area)
Cllr John Ward (Chairman) Cllr Martin Lear Cllr Stella Andersen-Payne (Vice Chairman) Cllr Elliot Nichols Cllr Paddy Blagden Cllr Jennifer O’Grady Cllr Carole Cockburn Cllr Stephen O’Grady Cllr Pat Frost Cllr Julia Potts Cllr Jill Hargreaves Cllr Roger Steel Cllr Stephen Hill Cllr Chris Storey
Dear Councillors
A meeting of the PLANNING COMMITTEE (WESTERN AREA) will be held as follows:-
DATE: WEDNESDAY, 30 OCTOBER 2013* TIME: 7.15PM (or at the conclusion of Southern Area Planning Committee if later) PLACE: COUNCIL CHAMBER, COUNCIL OFFICES, THE BURYS, GODALMING
The Agenda for the meeting is set out below.
Yours sincerely ROBIN TAYLOR Head of Democratic and Legal Services
Most of our publications can be provided in alternative formats. For an audio version, large print, text only or a translated copy of this publication, please contact [email protected] or call 01483 523224. * This meeting will be web cast and can be viewed by visiting http://www.waverley.gov.uk
NOTE FOR MEMBERS
Members are reminded that Contact Officers are shown in each report and members are welcome to raise questions, etc. in advance of the meeting with the appropriate officers.
AGENDA
1. MINUTES
To confirm the Minutes of the Meeting held on 4 September 2013 (to be laid on the table half an hour before the meeting).
2. APOLOGIES FOR ABSENCE
To receive any apologies for absence.
3. DISCLOSURE OF INTERESTS
To receive from Members declarations of interests in relation to any items included on the Agenda for this meeting in accordance with the new Waverley Code of Local Government Conduct.
4. QUESTIONS BY MEMBERS OF THE PUBLIC
The Chairman to respond to any questions received from members of the public of which notice has been given in accordance with Procedure Rule 10.
5. THAMES BASIN HEATHLAND SPECIAL PROTECTION AREA – POSITION STATEMENT ON CURRENT CAPACITY [Portfolio Holder for Planning: Cllr Stefan Reynolds] [Wards Affected: All Farnham Wards]
In 2006 English Nature (now Natural England) produced a draft Delivery Plan to guide local authorities on the protection of the Thames Basin Heathland Special Protection Areas (SPAs) heathland birds from the threat of new residential development. Avoidance measures were required to comply with the European Habitats Regulations. Without these measures no further residential development was possible within 5km of the SPA which affected the majority of the Farnham area.
The Council’s Interim Miniplan (April 2007) outlined avoidance measures to overcome the halt in planning permissions including the introduction of a developer tariff. Farnham Park was identified as a Suitable Accessible Natural Greenspace (SANGS) that could be used for avoidance.
Natural England confirmed an interim area of 21.25 hectares provided for by Farnham Park. This was reduced for an initial 3-year period to 10.9 hectares because Natural England felt that car parking was the major limiting factor to increasing public access to the SANGS area.
The new Avoidance Strategy was adopted on 15 December 2009 at Full Council. It was agreed to release an additional 3.45 ha of SANG at Farnham Park on
adoption of the Farnham Design Statement as a material consideration or on 31 July 2010 whichever is sooner. The Farnham Design Statement was adopted by the Council as a material consideration on 20 July 2010 and the SANGs have now been released.
The new Avoidance Strategy was prepared in line with the Thames Basin Heaths Delivery Framework which was published in February 2009. The Delivery Framework was produced by the Thames Basin Heaths Joint Strategic Partnership Board (JSPB) on behalf of the member Local Authorities and other stakeholders and gives guidance on how to deal with development proposals within the zone of influence of the SPA.
On 5 March 2013, the Executive agreed to release the remaining 6.9 ha of SANG at Farnham Park and to increase the tariff from 1 April 2013 to reflect inflation in accordance with paragraph 12.3 of the Avoidance Strategy.
The figures in the table have been updated with the latest permissions (below).
Figures to Total Total Dwellings Amount Remaining Remaining 18/10/2013 SANG SANG Allocated of SANG Unallocated Unallocated Additional Area Capacity to Date Allocated (ha) Capacity SANG (ha) (dw) (ha) (dwellings) capacity of 3.45ha =179 dwellings Development 21.25 1104 705 13.6 7.7 399
6. QUARTERLY PLANNING ENFORCEMENT REPORT
To receive the quarterly planning enforcement report for the Western Area attached at Appendix A.
Recommendation
To note the performance on planning enforcement.
7. QUARTERLY APEALS REPORT
To receive the quarterly appeals report for the Western Area attached at Appendix B.
Recommendation
To note the quarterly appeals report.
8. APPLICATIONS FOR PLANNING PERMISSION
8.1 Site inspections arising from this meeting In the event of site inspections being necessary, as a result of consideration of the applications before this meeting, these will be held on Tuesday 26 November 2013 at a time to be agreed at the meeting.
8.2 Applications for planning permission To consider the reports on the attached schedule.
9. EXCLUSION OF PRESS AND PUBLIC
To consider the following recommendation on the motion of the Chairman:
Recommendation That, pursuant to Procedure Rule 20 and in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following item on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during the item, there Approximate would be disclosure to them of exempt information (as defined by Section 100I of position of the Act) of the description specified at the meeting in the revised Part 1 of conservatory Schedule 12A to the Local Government Act 1972.
10. LEGAL ADVICE
To consider any legal advice relating to any applications in the agenda.
For further information or assistance, please telephone Amy McNulty, Trainee Democratic Services Officer, on 01483 523492 or [email protected]
APPENDIX A
WAVERLEY BOROUGH COUNCIL WESTERN AREA PLANNING COMMITTEE 30 OCTOBER 2013
Title: PLANNING ENFORCEMENT UPDATE REPORT FOR WESTERN AREA PLANNING COMMITTEE [Wards Affected: All]
Summary and purpose:
The purpose of this report is to provide Members with a report on progress of the Planning Enforcement Service for the quarter of July to September 2013.
How this report relates to the Council’s Corporate Priorities:
There are no direct implications for the Council’s corporate priorities in this report but many of the cases dealt with by the Planning Enforcement Service do have implications for natural resource use, pollution prevention and control, biodiversity and nature, heritage, the appearance of an area, jobs, services and facilities; rural proofing and the rural economy.
Equality and Diversity Implications:
There are no equality and diversity implications arising from the report.
Resource/Value for Money implications:
There are no direct resource / value for money implications arising from the report.
Legal Implications:
There are no direct legal implications arising from the report itself but legal resources will be required to progress individual cases reported. ______
1. Enforcement Statistics from July to September 2013
Summary of caseload: 2012 2013 Oct-Dec Jan-Mar Apr-Jun Jul-Sep Cases received 61 84 89 77 Cases closed 87 77 103 72 Cases on hand 238 245 231 237 Table 1
300
250
200
150 Cases received
100 Cases closed Cases on hand 50
0
Figure 1
Breakdown of this quarter’s statistics by Area:
Sector Central Eastern Southern Western Total Cases received 19 25 6 27 77 Closed 17 23 6 26 72
Total cases on hand 50 51 49 87 237 Table 2
Performance against Local Performance Indicator:
2012 2013 Oct-Dec Jan-Mar Apr-Jun Jul-Sep Number actioned within 55 43 92 60 12 weeks (%) (65.5%) (63%) (70.2%) (69%) Table 3
Performance against LPI (70% of cases actioned within 12 weeks) 80% 60% 40% Performance 20% against LPI (70% of 0% cases actioned within 12 weeks)
Figure 2
Analysis of Cases Received between July – September 2013
The following table shows the progress that has been made in respect of the complaints received during this quarter. It also highlights the various key stages of the complaints process. This table provides data that relates solely to those complaints received within the quarter. For example, if a complaint was received before July 2013 but was actioned within the quarter, this will not be shown.
Status Number Percentage Acknowledged 77 100% Site visited 71 92% Under investigation 18 23% Breach identified 9 12% Actioned 40 52% Closed* 26 34%
*Of which: Not appropriate to take action 1 4% Breach resolved 10 38% No breach 15 58%
N.B. % figures do not total to 100 as they are rolling parts of process.
“Under investigation” means that a site visit has been conducted (if necessary) and research is being undertaken to establish whether a breach of planning control has taken place. This may include the service of a Planning Contravention Notice (PCN).
“Breach identified” means that an assessment of the identified breach is underway. This stage may include negotiating a solution, requesting a planning application or taking the decision to proceed with formal action if it is proportionate and appropriate to do so.
“Actioned”, as described above, may mean that a planning application has been received, a Notice has been issued or that a case has been closed.
The following table shows how the cases received during this quarter have been prioritised in accordance with the Enforcement Service Standards Charter priority system. This is shown in context with the priority split for the overall cases on hand.
Complaint Jul-Sep 2013 Overall of cases Priority on hand 1 15 53 2 60 171 3 2 13 TOTAL 77 237
There are three levels of priority and these are defined as follows:
Priority One – Works that are irreversible or irreplaceable or constitute a serious breach such as unauthorised works to a Listed Building. Priority Two – Activities that cause harm to residential amenity such as works not built in accordance with plans or a material change of use. Priority Three – Development with a low impact on residential amenity.
2. Appeals Lodged and Appeals Performance
Appeals Lodged
Katz Auto Services Ltd, Critchmere Lane, Haslemere, GU27 1PR (Enforcement Notice) – retention of existing drying oven housing and plant, resited chimney flue on northern roof slope. Current proposed hearing date 04 February 2014.
Enforcement Officer: Flo Taylor Planning Officer: Emma Schofield
Appeal decisions
There have been no appeal decisions this quarter.
3. Notices served
During this quarter, notices have been served relating to:
Land to the rear of The Garden House, Sunnybrook, Cranleigh Road, Cranleigh (Temporary Stop Notice) Land at Wood Farm, Portsmouth Road, Godalming (Enforcement Notice) Land south east of Northbrook Estate, A31, Farnham (Enforcement Notice)
4. Planning Contravention Notices served
Central Eastern Western Southern 3 3 2 1
5. Current Update on Previous Enforcement Cases
The following are cases where formal notices have been issued but compliance with the notices has not been achieved. In most cases, the owners of the respective land/property are now co-operating with the Enforcement Team in addressing their individual breaches thus avoiding lengthy and costly court procedures. Updates since the previous report are shown in bold type. Cases across all four Committee areas are included to provide a full report of the Team’s caseload.
Members are requested that if they require further information on these cases or have any questions to please contact the Enforcement Team.
Please be aware that the case work summarised below is supported by further extensive background work, much of which is confidential due to its nature as part of current enforcement investigations.
Central Area
Costcutter, 40 Green Lane, Farncombe, Godalming
Breach: Installation of 4 condensing units
03 January 2013 – Enforcement Notice issued (EN/2012/12). No appeal lodged. February 2013 - planning application WA/2013/0159 submitted seeking to retain the 4 condensing units. March 2013 – planning application WA/2013/0159 approved subject to conditions. April 2013 – compliance with EN/2012/12 due. July 2013 – pre-commencement condition formally discharged, chased details pursuant. August 2013 – site visit confirmed planning permission had not been implemented. August 2013 – prosecution statement drafted. September 2013 – site visit confirmed that boxing had been erected. However, not in accordance with approved details therefore officers consider that WA/2013/0159 has not been implemented. October 2013 – Owner of premises advised officers that the correct boxing ordered and awaited delivery. Council’s Legal Services to send letter to the owner requesting confirmation of this order. Prosecution final being undertaken prior to papers being filed with Court.
Enforcement Officer: Rebecca Clarke Planning Officer: Rachel Kellas
Eastern Area
The Old Dairy, (Home Farm), Somersbury Lane, Ewhurst
Breach: The change of use of the Land and buildings from an agricultural use to that of a mixed use comprising agriculture, commercial and domestic storage, workshop, office and commercial, non-agricultural purposes.
31 May 2013 – Enforcement Notice issued. Appeal not lodged. 5 July 2013 – Enforcement Notice took effect. 5 October – compliance with EN/2013/3 due.
The breach remains and prosecution is being considered.
Enforcement Officer: Rebecca Clarke
Land at Manfield Park, Guildford Road, Cranleigh
Breach: 1) The material change of use of the Land from light industrial (B1) to a mixed use comprising the use of the Land for the display and selling of motor vehicles (Sui Generis) and for hand car washing and valeting (Sui Generis). 2) The carrying out of operational development involving the erection of a wooden building; three pole mounted security lights and an engineering operation involving excavation of the Land.
17 December 2012 – Enforcement Notice issued (EN/2012/11) No appeal lodged. 16 January – Notice took effect. Requirements of the Notice are as follows: (i) Cease the use of the Land for the display of motor vehicles (ii) Cease the use of the Land for the sale of motor vehicles (iii) Cease the use of the Land for hand car washing and car valeting (iv) Remove from the Land the 3 pole mounted security lights (v) Reinstate a specified strip of land to its former condition before the breach took place 16 July 2013 – compliance with EN/2012/11 due. 24 July 2013 – site visit confirmed that steps (i) to (iv) had been complied with. Step (v) is outstanding. Discussion regarding the former condition of the land specified in step (v) is on-going between the Council, Landowner and former occupier of the Land. October 2013 – officers advised of works taking place at the premises. 16 October 2013 – site visit revealed erection of fencing and possible storage of vehicles, which may constitute new breaches of planning control. Enforcement action is currently being considered.
Enforcement Officer: Rebecca Clarke
Lydia Park, Stovolds Hill Bramley
Breach: Unauthorised change of use, unauthorised operational development and non compliance with condition.
Gypsy status of occupants confirmed. Injunction approved for removal of unauthorised structures by 31 July 2001.
Additional defendants added by Court. Planning permission (WA/2012/0241) granted 29 March 2012 for siting of three mobile homes and two touring caravans following sub-division of eastern part of pitch. Partial resolution of breach of planning control achieved. Assessment undertaken as to the extent of breaches of planning control existing on the land. Report being prepared in respect of expediency of taking further action.
Enforcement Officer: Ryan Snow
Crowthorne, Furzen Lane, Ellens Green
Breach: Unauthorised erection of roof, porch, link extension and dormer windows
20 June 2007 - Enforcement Notice issued. Appeal lodged. 25 January 2008 – appeal dismissed. 25 January 2009 – compliance due. January 2009 – planning application (WA/2009/0016) submitted seeking to retain roof and porch and proposing two dormer windows to replace five existing unlawful dormers and removal of link extension. February 2009 – WA/2009/0016 approved – roof and porch now lawful as a result of this. Link extension and dormer windows remain. October 2009, further planning application (WA/2009/1523) submitted seeking to retain link extension. December 2009 – WA/2009/1523 refused. Appeal against WA/2009/1523 lodged and dismissed. April 2011 – application for Certificate of Lawfulness (WA/2011/0643) submitted for single storey front extension immediately to the front of link extension. June 2011 – Certificate of Lawfulness granted. November 2011 – planning application (WA/2011/2175) submitted to retain link extension in light of front extension (not implemented) subject of Certificate of Lawfulness. February 2012 – planning application (WA/2011/2175) refused. Appeal lodged – dismissed June 2012. Outstanding requirements of Notice – removal of link extension and unlawful dormer windows. Site visit on 01 May 2013 confirmed Enforcement Notice has not been complied with. Prosecution file has been prepared with draft witness statement to be checked by Legal Services. Final site visit being undertaken week commencing 21 October 2013.
Enforcement Officer: Ryan Snow
Pollingfold Place, Horsham Road, Ellens Green
Breach: Unauthorised change of use for stationing of caravans and mobile homes, engineering operations and erection of sheds
Three extant Enforcement Notices issued: o One Notice issued in 1994 – creation of an earth bund o Two Notices issued in 2005 – siting of caravans for residential purposes, laying of hardstanding and erection of buildings Appeals against all three Notices dismissed. An appeal against the Inspector’s decision to dismiss the appeals against the Notices issued in 2005 lodged with High Court. Notices upheld by High Court in 2008. Compliance with the requirements of the two Notices issued in 2005 remain outstanding. 17 December 2010 - interim injunction obtained to prevent further caravans being brought onto site. Operator successfully prosecuted. 13 July 2011 – At Eastern Area Planning Committee, Members resolved to support the continued prosecution of the individual recognised as having control of the land and requested officers report back to the Committee in 2 months with details of steps being taken to achieve a successful direct action or injunctive remedy, including an update on identification of alternative sites. Further update reports considered by Eastern Area Planning Committee on 7 September 2011, 2 November 2011, 4 January 2012, 23 May 2012 and 15 August 2012. For each update report, Members have resolved to note reports and progress being made and to affirm the Council’s policy to take robust enforcement action in cases such as this. A needs assessment of each of the occupants of the site has been undertaken. The Council has housed one of the family groups who were occupying the land. Site visit undertaken on 16 September 2013 to assess current situation. Extensive, confidential background work being undertaken.
Enforcement Officer: Beth Howland-Smith
The Windmill Inn, Pitch Hill, Ewhurst
Breach: Unauthorised erection of decking
March 2008 - Enforcement Notice issued. Appeal dismissed. Compliance required by 7 January 2010. Planning application (WA/2011/2120) submitted seeking to retain decking. 7 February 2012 – planning application (WA/2011/2120) approved with condition to remove island deck within three months of permission.
Island deck remains. Eastern Area Planning Committee resolved on 17 July 2013 to take no further action. This case will be removed from the Quarterly updates.
Enforcement Officer: Flo Taylor
Downside, Pitch Hill, Ewhurst
Breach: Unlawful erection of extension and balcony
Enforcement Notice issued 25 July 2008. Appeal dismissed. Compliance for 30 December 2009. Direct Action taken to remove balcony. Planning permission granted July 2011 to retain two storey extension with the addition of a pitched roof to be constructed within six months. Permission has not been implemented and breach remains. Through liaison with Building Control, owner has advised that approved scheme (pitched roof) is structurally unbuildable. Confidential background work currently being undertaken. Application for a Certificate of Lawfulness of Existing Development submitted (WA/2013/0996). 27 August 2013 - WA/2013/0996 was refused. Further to the receipt of legal advice, officers consider that planning permission WA/2011/0448 for the retention of two-storey extension together with pitched roof and alterations, has been implemented by way of obscurely glazing the northeast window in the upper level of the extension (in accordance with Condition 4 of WA/2011/0448). The provision of a pitched roof remains outstanding and constitutes a breach of Condition 1 of WA/2011/0448. EN/2008/11 remains in force, however rectification of the above breach cannot be achieved through the use of this Enforcement Notice. Officers are currently preparing an Enforcement Notice to ensure compliance with WA/2011/0448.
Enforcement Officer: Rebecca Clarke
Land at Willingshurst Estate, Guildford Road, Shamley Green
Breach: Use of the land for clay pigeon shooting on more than 28 days per calendar year and erection of structures to facilitate this use.
March 1995 – Enforcement Notice issued; compliance date 5 June 1995. Appeal against Notice lodged but subsequently withdrawn – Notice is therefore extant.
2 May 2008 – planning application seeking to permanently retain the clay pigeon equipment refused (WA/2008/0528). 29 May 2009 - appeal against refusal of WA/2008/0528 dismissed. The owner voluntarily removed two of the three scaffolding towers used for the shooting activity. 31 May 2011 – application for Certificate of Lawfulness (CLUED) application for the retention of the third tower was refused (WA/2010/1959). WA/2010/1959 not appealed. The owner was notified that immediate removal of the tower was required. Site visit revealed that the tower remains in place. A second Certificate of Lawfulness refused. Appeal lodged with start date of 19 April 2013. To be decided by way of written representations. Final comments were submitted 21 June 2013. Inspector’s decision awaited.
Enforcement Officer: Ryan Snow
Western Area
Land North of River Lane, Farnham (Land at Alton Road)
Breach: Unauthorised change of use from agriculture to the stationing of caravans for residential use and construction of hardstanding
Owner deceased. Enforcement Notice issued 22 September 2011. Partial compliance achieved. Hardstanding and some building materials remaining. Land remains in probate. Other avenues under consideration.
Enforcement Officer: Victoria Choularton
Puddlewood, Summerfield Lane, Frensham
Breach: Unauthorised change of use from woodland to various mixed uses and operational development
Various enforcement action taken since 2010. Fence has been reduced to acceptable height – building foundations remain. Most recent Notice issued in respect of the operation of businesses, siting of a storage container, stationing of a mobile home, engineering operations, and
operational development including erection of a further fence, outbuildings and decking. Appeal dismissed, Notice upheld. Full costs awarded to the Council. Compliance required by 18 July 2013. Regular visits being made to the site. The majority of breaches have now ceased. Case being reviewed with regard to whether any further action is required in relation to compliance of the enforcement notice. Enforcement Notice now being considered for new breaches.
Enforcement Officer: Victoria Choularton
Southern
Northside, West End Lane, Frensham
Breach: Unauthorised change of use from agriculture to various mixed uses
26 September 1994 - Enforcement Notice issued. Owner prosecuted twice for non compliance of Enforcement Notice. Some compliance achieved. Agricultural assessment undertaken to assess extent of remaining non- compliance. Recent complaints received that a mobile home has been brought onto the land. Attention being given to this as a matter of priority. Owner was contacted to request clearance of site by July 2013 or action under S215 to be considered. Site meeting with owner carried out. Owner currently not willing to comply with request to tidy land. Case being reviewed with a view to taking formal action.
Enforcement Officer: Victoria Choularton
Land North West of 48 Petworth Road Haslemere
Breach: Laying out a means of an access .
March 2013 – Enforcement Notice issued. Compliance required by 12 October 2013. No attempt at compliance has been made. Officers meeting with Agent and Owner’s representative on Friday 18 October with regard to compliance.
Enforcement Officer: Victoria Choularton
Recommendation
That the Committee notes the performance on planning enforcement.
Background Papers There are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report.
CONTACT OFFICER:
Beth Howland-Smith Telephone: 01483 523114 Enforcement Team Leader Email: [email protected]
APPEAL DECISIONS Western
Waverley Site, Development and Officer Rec Committee Appeal Inspector’s comments on case Reference Issue or Decision Delegated 12/2003 Site: Land at Bourne Appealed for Allowed The Appellant’s suggested site capacity for Mill, Guildford Road, non 19/07/2013 27 dwellings is supported by design and Farnham determination layout evidence. With a net developable Development: Outline area estimated at 0.644ha that would planning application for equate to a density of 42 dwellings per erection of 16 dwellings hectare which is in the mid point of the 30- and 70 bed care home, 50 dph densities that are encouraged by LP together with access Policy H4 as an efficient use of land. Such a and communal open development would generate a requirement space for 16.2 affordable dwellings if it were to Issues: Whether the comply with Policy H5A. For the current proposal makes appeal proposal the Appellant is adequate provision for consequently proposing that 16 proposed the amount of affordable houses would be affordable. housing to accord with Whereas Policy H5A identified the appeal local or national policy site as land to be developed ”primarily” for objectives. subsidised affordable housing, it is arguable Whether the dwelling whether the inclusion of a care home mix and tenure mix of occupying about half of the net developable the affordable housing area accords with that allocation. would accord with local Nevertheless, it is concluded that the or national policy amount of affordable housing proposed objectives. approximates to the likely number of units Whether any associated that could be achieved in a more conflict with those local or national policy conventional mixed layout of market and objectives may be affordable houses. Neither is that latter form outweighed by any of development likely to come forward as other material the evidence suggests that it would not be considerations. viable. It is concluded that the proportion of affordable housing in the appeal proposal is thus in broad accord with the objectives of the Local Plan for this site and does not conflict with any other local or national policy objectives. The proposed mix of dwelling sizes amongst the 16 houses accords with LP Policy H4. The Appellant is proposing that all the affordable housing can be provided on an Intermediate Housing basis. Very few of those on the housing list are in need of 4 bedroom houses it acknowledged that some are and the appeal proposal only includes 2 such dwellings in any case. Compared with the previous appeal scheme the current proposal would increase the amount of affordable housing provision on this site from 10 to 16 units. This would be a significant benefit of the scheme. It is probable that a scheme which did not include the care home is unlikely to be viable given the substantial abnormal costs of developing this site. The provision of a care home to meet local needs itself has significant policy support from Policy H7 of the Local Plan. As well as meeting the direct needs of the elderly and infirm, the care home would also provide employment and contribute to economic activity and growth. There are significant benefits of the proposal which outweigh any literal conflict with some of the wording of Policy H5A. 13/0218 Site: 9A Trebor Avenue Refuse Delegated Dismissed The existing outlook from both the kitchen Farnham, GU9 8JH 23/08/2013 and dining area of No 11 is restricted by the Development: Erection boundary wall and fence, which is slightly of extensions and lower than the eaves height of No 9A, and alterations to form two by the roof of No 9A which slopes away storey dwelling from No 11. However, the outlook from the Issues: The effect of kitchen in particular includes an appreciable the proposed amount of sky. development on the The level of natural light within the kitchen living conditions of the and the outlook from it are therefore occupiers of No11 important considerations. The kitchen and Trebor Avenue with dining area of No 11 should be assessed as particular regard to habitable rooms. outlook and daylight The proposal would result in a significant reduction in the extent of visible sky from the kitchen window and in a substantial increase in the vertical wall area immediately opposite the window. The proposal would result in an appreciable reduction in daylight to the kitchen and the greater height and mass of No 9A would appear oppressive. The effect on the dining area would be less than that on the kitchen because of the light entering from the living room but the greater mass of building close to the window would be evident and increase the sense of enclosure. The proposal would have an unacceptably harmful effect on the living conditions of the occupiers of No 11 and would be contrary to Policies D1(c) and D4(c) of the Local Plan. 12/0623 & Site: 87 West Street, Refuse Delegated Dismissed The property is a Grade II listed building 0624 Farnham 03/09/2013 dating from the early 19th Century located Development: within the Farnham Conservation Area. Advertisement consent The proposed sign would be positioned on for the display of non- the wall at ground floor level at the right end illuminated fascia sign of the frontage between a window and the and Listed Building end wall. This would introduce an element of Consent for the display clutter that is unrelated to the design of the of non-illuminated fascia building, detracting from its simple, cohesive sign. architectural features. The building Issues: The effects the contributes to the Conservation Area as part proposal would have on of its older fabric and this would similarly be the character and harmed. special interest of the The appellant seeks temporary consent for listed building and the the sign in order to provide for improved character and visibility of the dental practice within the appearance of the premises. The adverse impact of the sign, Farnham Conservation while it is in place, would not be prevented Area and on amenity by this being only for a limited period. and public safety. The commercial objectives of the proposal are recognised but do not amount to a public benefit which outweighs the harm to the heritage asset. The adverse effect outlined above amounts to detriment to the interests of amenity. 12/1747 Site: Land to rear of 13 Refuse Delegated Dismissed The site comprises the back gardens of two & 15 Pine Ridge Drive, 03/09/2013 houses fronting Pine Ridge Drive. However, Farnham the proposed dwellings would front Development: Erection Longdown Road to the south and it is of 2 dwellings and predominantly in the context of that frontage garages with access that the development would be read. The from Longdown Road. site currently provides a wide gap in the Issues: The effect of frontage along this part of Longdown Road. the proposed There is no dispute that the policy does not development on the preclude residential development in the character and ASEQ in principle, provided that it is appearance of the area considered to meet the specified criteria. and subject to Policy The appeal proposal would be broadly in BE3 keeping with the area in terms of design and scale, the development would not itself involve loss of trees so it would not detract from the well wooded appearance of the area, neither would it result in the loss of hedges or walls. The development would, however, harm significantly the spacious feel of the area which contributes to its semi rural quality. This contrasts with other developments which retain a sense of spaciousness and of a loose pattern of development. The appeal scheme would tighten it unacceptably, altering the context of existing development so as to make this part of the Longdown Road frontage unduly built up, eroding the semi rural character. Policy BE3 appears to be consistent with the thrust of the Framework’s advice on taking account of the different roles and character of different areas and on promoting or reinforcing local distinctiveness. The proposed development would have a materially harmful effect on the character and appearance of the area and would conflict with the objectives of Local Plan Policy BE3.
INDEX OF APPLICATIONS WESTERN PLANNING COMMITTEE 30TH OCTOBER 2013
Page. Item Reference Location Recommendation
Applications subject Part A to Public Speaking
25 A1 WA/2013/0505 Change of use of land That, subject to the from forestry to a mixed applicant entering into an use of ongoing forestry appropriate legal and for filming purposes. agreement in order to tie This application is the permission to the accompanied by an Forestry Commission (or Environmental successor in title) and to Statement at land at secure any monies Bourne Wood, Tilford received from filming to Road, Farnham. be used solely towards the public forest estate), and subject to conditions, permission be GRANTED
63 A2 WA/2013/1325 Erection of extensions That, permission be and alterations to the GRANTED, subject to existing hotel building conditions. following part demolition; erection of building to provide 6 new hotel rooms; erection of 4 dwellings together with alterations to vehicle access and parking arrangements at Bishops Table Hotel, 27 West Street, Farnham.
99 A3 WA/2013/0612 Erection of 4 dwellings That, subject to with integral garages conditions, permission be following demolition of GRANTED existing dwelling at Applegarth, Brooklands Close, Farnham.
Part B Applications not subject to Public Speaking
131 B1 WA/2013/1213 Erection of 22 dwellings That, subject to the with associated parking, consideration of the views new pedestrian and of the County vehicle access and Archaeologist and further landscaping following response from external the demolition of consultants regarding existing buildings (as financial viability and the amended and amplified assessment of the SHMA by plans received 2013 (draft), permission 27/09/2013 and be REFUSED. 1/10/2013 and amplified by e-mail dated 16/10/2013) at Travis Perkins, West Street, Farnham.
SCHEDULE “A1” TO THE AGENDA FOR THE WESTERN PLANNING COMMITTEE 30TH OCTOBER 2013
Applications subject to public speaking.
Background Papers
Background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report are listed under the “Representations” heading for each planning application presented, or may be individually identified under a heading “Background Papers”.
The implications for crime, disorder and community safety have been appraised in the following applications but it is not considered that any consideration of that type arises unless it is specifically referred to in a particular report.
A1 WA/2013/0505 Change of use of land from forestry to a mixed I Skinner use of ongoing forestry and for filming purposes. The Forestry Commission This application is accompanied by an Environmental Statement at Land At Bourne 11/03/2013 Wood, Tilford Road, Farnham GU10 3RW (as amplified by emails and letters dated 30/09/13, 10/10/13)
Committee: Western Area Meeting Date: 30 October 2013
Public Notice Was Public Notice required and posted: YES Grid Reference: E: 485586 N: 144315
Town : Farnham Ward : Farnham Bourne Case Officer: Paul Hardwick
13 Week Expiry Date: 30/06/2013 Neighbour Notification Expiry Date: 10/05/2013 Neighbour Notification Amended/Additional Expiry Date RECOMMENDATION That, subject to the applicant entering into an appropriate legal agreement in order to tie the permission to the Forestry Commission (or successor in title) and to secure any monies received from filming to be used solely towards the public forest estate), and subject to conditions, permission be GRANTED Introduction
This application was deferred from the meeting of the Western Area Planning Committee on 4 September 2013 in order to clarify certain issues; to seek additional information from the applicant and for officers to review any conditions which may be imposed if Members were minded to grant permission.
The application has been brought before the Area Committee as, by virtue of its scale, it falls outside of the scheme of Delegation.
Location Plan
Site Description
The application site measures 33.7 hectares and is located at Bourne Wood 2.5kms to the south-east of Farnham. The wood extends to 51.5 hectares and is owned and managed by the Forestry Commission. The vehicular access to Bourne Wood is from Tilford Road along an existing tarmac drive (Forest Drive).
Aerial View of Site
Most of the Bourne Wood is designated as open access land under the Countryside and Rights of Way Act 2000. The wood is predominantly Pine with very little under-storey. The wood includes a network of informal paths and a permissive horse riding trail and there are two Public Bridleways that pass through the application site, including one running east-west across the southern part of the site.
The site has varied topography, rising from 60m AOD at the principal entrance from Tilford Road, to 95m AOD at the highest point towards the central part of the site.
The village of Lower Bourne is immediately to the north and west of the wood. There are scattered dwellings on the outskirts of Lower Bourne and close to the application site, including Dene Lane to the north, Tilford Road to the east and Clumps Road to the west.
Proposal
Planning permission is sought for the change of use of land from forestry to a mixed use of on-going forestry with filming activity.
Filming activity would normally comprise three different phases: time used for preparation and rehearsals; time used for actual filming days; and time used for the removal of all temporary structures (known as the strike period).
During site preparation, a variety of activities would occur, which may include the siting of generators, marquees and site signage, in addition to set construction. Rehearsals will then take place prior to filming. During filming, the cast and crew will frequently stay in the local area. Security staff would often remain on site overnight. Upon completion of filming activity all structures would be removed from site and the Forestry Commission would then complete a site walkover with representatives from the production company to ensure that site restoration is completed to the required standard.
The single access point from Tilford Road would serve as the main access for the proposed filming activities. Tilford Road connects to the A3 to the south and the A31 to the north, with the A287 directly to the east.
Site Proposals Plan
The permission would work as follows:-
-Filming activity would comprise the use of the wood for site preparation rehearsals and filming followed by the removal of all temporary structures. -Filming activity would be for a maximum period of 6 months in any calendar year and limited to 8 consecutive months spread over two calendar years. -Temporary structures would vary and these including lighting rigs would be limited in height to 25m on areas below 85m AOD and 15m on areas above 85m AOD. -Filming at night would be restricted to a maximum of 7 nights in any calendar year. -The site and not the wider Bourne Wood may be closed to the general public a maximum of 14 days per film to protect actors’ privacy if requested by the production company -Vehicle access would be from the existing Tilford Road access. This would provide access to the site for cars, trailers and technical trucks. The vehicles would use the existing tarmac forest drive which opens out onto open areas where the ground is compacted and exposed. The existing forest drive links to existing forest tracks that are designed for large forestry vehicles. -Parking associated with the proposal would be within designated areas that are existing hard-standing and forest tracks. -Cellular trackway routes and pads would be used to protect tree roots and any significant pedestrian and vehicular movements -The car park at the access to the wood from Tilford Road would not be used for the purposes associated with the proposal and would remain solely linked to the existing uses of the wood. -Site preparation in addition set construction would include operations such as siting of generators (towable and silent), marquees and site signage. -Temporary structures can be in a number of forms but have in the past for example been a castle, a fibre glass hillside, a mansion, a WWI battlefield and a medieval village. -Cast and crew would travel to site on a daily basis and only security staff are likely to remain overnight on site. -All temporary structures would be removed from site upon the completion of each film. -Following removal of all temporary structures and after completion of each film the Forestry Commission would complete a site walkover with representatives from the appropriate production company to ensure that site restoration is completed to the required standard including reseeding if necessary. -Temporary facilities for cast, crew, preparation and welfare which would differ from film to film. These in the past have included portacabins, marquees and artists trailers. Temporary signage would be erected to direct cast and crew within the site. -The site has access to water supply and silent towable generators would be used to supply electricity during the filming use. -Portable WC facilities would be provided and foul sewerage would be disposed of off-site. -Creation and enhancement of heathland -Rides widened and trees thinned to create wooded heathland habitat -The trees on the periphery of the main bowl would be retained. -50m Buffer to Clumps Road and an exclusion zone to protect the earthwork remains of a 19th Century plantation boundary -Heathland and ecological enhancements
The table below sets out an example of how the proposed filming use might be implemented over the next 3 years. The filming activities are divided up into Preparation, Filming and Strike phases:
Relevant Planning History
WA/2012/1254 Temporary change of use of forestry Temporary land for filming purposes Permission 19/10/2012 SO/2012/0009 Request for Scoping Opinion for Scoping Opinion change of use from forestry with filming Given 02/11/2012 activity SO/2012/0008 Request for Screening Opinion for Screening Opinion change of use from forestry with filming Given 29/09/12 activity EIA Development Confirmed
Planning Policy Constraints
Green Belt - outside any settlement area Surrey Hills Area of Outstanding Natural Beauty(AONB) Area of Great Landscape Value(AGLV) Bridleway 67 & 178 & Footpath 237 Farnham Wealden Heaths I SPA 5km buffer zone Wealden Heaths I SAC 2km buffer zone Ancient Woodland Dedicated Land CROW legislation Sites and Areas of High Archaelogical Potential
Development Plan Policies and Proposals
Policies D1, D2, D4, D5, D6, D7, D8, D9, C1, C3, C7, HE14, LT7, LT11, M1, M2, M14 of the Waverley Borough Local Plan 2002
The South East Plan 2009 was the Regional Spatial Strategy (RSS) for the South East region, the Plan was revoked on March 2013 except for Policy NRM6: Thames Basin Heaths Special Protection Area. This Policy remains in force but is not applicable in this instance as it is not within the Thames Basin Heath SPA buffer zone.
The National Planning Policy Framework 2012 (NPPF) Surrey Hills Management Plan 2009-2014 Farnham Design Statement 2010 (Bourne)
Consultations and Town/Parish Council Comments
County Highway Authority – No objections subject to recommended conditions
Frensham Parish Council – No objection in principle, but suggest condition limiting use to whilst land under ownership of the Forestry Commission only.
Surrey County Council Rights of Way Officer – No objection
Surrey County Council Archaeological Officer – No objection subject to conditions
WBC Environmental Health Officer – No objection subject to conditions
Natural England – No objection subject to suggested conditions
Environment Agency – No objection
RSPB – No objection subject to suggested condition
Surrey Wildlife Trust – No objection subject to conditions
CPRE – Express concerns that this change of use in the Surrey Hills AONB will not conserve and enhance the natural beauty of the AONB. Development inconsistent with this primary aim will not be permitted unless proven national interest and lack of alternatives has been demonstrated (which is not the case here). The mitigation measures suggested would not, in their view, address the impact of the proposal. The proposal could lead to an intensification of the current use. If an exception to policy is to be made, believe it can only be on the basis that filming produces valuable income for the public forest estate and therefore it is essential that any permission given is limited for so long as the Forestry Commission own manage and control the Bourne Wood.
Suggest that additional conditions be imposed, as recommended by the Alice Holt Community Forum:
-felling or ground excavations outside the bowl area or the support areas is restricted unless for forestry operations or ecological enhancements referred to in the EIA. -support areas confined to those outlined in light blue in Indicative Proposals Plan - the use of the area of the wood outside the bowl and the support areas should be restricted to actual filming and not used for ancillary purposes -all buildings are temporary and removed after filming -lighting and noise are controlled
Representations
In accordance with the statutory requirements and the “Reaching Out to the Community – Local Development Framework – Statement of Community Involvement – July 2006” the application was advertised in the newspaper on 19/04/2013 and site notices were displayed around the site 19/04/2013 and neighbour notification letters were sent on 05/04/2013
53 letters have been received (of which it is noted that one letter is made on behalf of The Farnham Society, one on behalf of The Bourne Residents’ Association, one on behalf of the Bourne Conservation Group, and one on behalf of the Alice Holt Community Forum).
Some indicate no objection in principle to filming and that observations of filming on site over the years have been favourable.
Are aware of the economic benefits to both the Forestry Commission and local businesses and would not want to prevent the continued use of Bourne Wood for filming. Any consent should be restricted to the current owner of the site.
However, the following objections/concerns are raised to the proposal:
-Disruption/harm to wildlife -No very special circumstances put forward as part of the application and there are alternative locations for filming in the south-east -Harm to AONB and AGLV -Permanent not temporary use -No economic benefits -Noise (including helicopter overhead flights) -Length of filming -clarification of night filming -Traffic and parking impacts (congestion & HGVs) -Closure of the woods and affect public access -Impact on amenity -Impact on recreational use of the woods -EIA not conclusive or extensive in all aspects -Existing filming disruptive -Planning permission should be temporary (allow for time to consider impacts of use) -Air pollution (odours from smoke) -Permanent use prevents restoration of the land -Mechanism for policing and control
3 letters (including one from Creative England) have been received expressing support on the following grounds:- -Existing filming does not prevent continued use of the wood and this would not change through new application -Community benefit -Economic benefit
Submissions In Support
In support of the application the applicant has made the following points:
The proposed filming use supports the management of Bourne Wood for forestry, recreation and biodiversity, enhancing the beneficial use of the Green Belt All of the money raised from filming is used to sustainably manage the public forest estate in the South East district. This provides 48,000ha for public recreation and conservation, in addition to production of UK timber and wood fuel for energy The Forestry Commission has in the past 3 years invested £1.25m into Alice Holt Forest to improve the visitor experience, which is Phase I of a £2.5m investment programme into Alice Holt Forest. Alice Holt alone provides for 450,000 visits per year, many of whom are from the Waverley area The economic benefits of the proposed filming use are nationally significant and should be afforded considerable weight in any planning decision The filming use of the site has enabled the Forestry Commission to create areas of heathland. Further heathland is proposed to enhance the site ecology Prior to the submission of this formal application and having regard to the comments made at the consultation stage, the amount of filming activity sought has been reduced from 8/16 months to 6/8 months There is no evidence base, having regard to the Environmental Statement, for a further reduction of filming activity or for a temporary permission. In addition, the applicant has explained that any further reduction would affect the viability of the use of the land for fliming The proposal would have no impact on heritage assets and landscape and tree impacts can be moderated Impacts on Public Rights of Way and open access land will be limited. The proposals include measures to enhance public access Impacts upon residential amenity, including noise and light pollution, can be effectively mitigated The existing access, the forest drives within the wood and the surrounding road network are more than sufficient to accommodate the proposed filming use Mitigation and enhance enhancement measures can be secured by condition and through the Forestry Commission’s contract with production companies.
Determining Issues
Principle of development Planning history Community Involvement Green Belt Impact on visual amenity – including AONB and AGLV Impact on residential amenity Trees and Landscape Access to Bourne Wood Highways Crime and disorder Heritage/Archaeology Effect on SPAs Biodiversity and compliance with Habitat Regulations 2010 Water Frameworks Regulations 2011 Accessibility and Equalities Act 2010 Implications Human Rights Implications Environmental Impact Regulations 2011 Working in a positive/proactive manner Representations Other Matters Conditions
Planning Considerations
Principle of development
On the 27 March 2012, the Government adopted its National Planning Policy Framework (NPPF). This document superseded the majority of previous national planning policy guidance/statements (with the exception of PPS10: Planning for Sustainable Waste Management) and condensed their contents into a single planning document. Section 38(6) of the Planning and Compulsory Purchase Act 2004, still requires all applications for planning permission to be determined in accordance with the Development Plan, unless material considerations indicate otherwise. The Waverley Borough Local Plan 2002 and the South East Plan 2009 therefore remain the starting point for the assessment of this proposal.
The NPPF is a material consideration in the determination of this case. Paragraph 215 of the NPPF makes clear that where a local authority does not possess a development plan adopted since 2004, due weight may only be given to relevant policies in existing plans according to their degree of consistency with the NPPF. In this instance, the relevant Local Plan policies possess a good degree of conformity with the requirements of the NPPF. As such, considerable weight may still be given to the requirements of the Local Plan.
Paragraph 6 of the NPPF states that the purpose of the planning system is to contribute to sustainable development. Paragraph 7 of the NPPF states there are three dimensions to sustainable development: economic, social and environmental. These dimensions give rise to the need for the planning system to perform a number of roles: An economic role – contributing to building a strong, responsive and competitive economy, by ensuring that sufficient land of the right type is available in the right places at the right time to support growth and innovation; A social role – supporting strong, vibrant healthy communities, by providing the supply of housing required to meet the needs of present and future generations; and by creating a high quality built environment, with accessible local services that reflect the community’s needs and support its health, social and cultural well-being; and An environmental role – contributing to protecting and enhancing our natural and historic environment and as part of this helping to improve biodiversity.
Paragraph 14 of the NPPF state that at the heart of the NPPF is a presumption in favour of sustainable development which should be seen as a golden thread running through decision-taking.
Paragraph 19 of the NPPF states that significant weight should be placed on the need to support economic growth through the planning system.
Paragraph 28 of the NPPF states that planning policies should support economic growth in rural areas and inter alia promote the development and diversification of agriculture and other land-based rural businesses.
The site is located within the Green Belt outside any defined settlement area. Paragraph 79 of the NPPF states that the fundamental aim of Green Belt Policy is to prevent urban sprawl by keeping land permanently open; the essential characteristics of Green Belts are their openness and their permanence.
In paragraph 87 of the NPPF it is stated that within the Green Belt there is a general presumption against inappropriate development which is, by definition, harmful and should not be approved except in very special circumstances. Paragraph 88 of the NPPF states that 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 is clearly outweighed by other material considerations.
Paragraph 89 of the NPPF states that a local planning authority should regard the construction of new buildings as inappropriate development in the Green Belt. Exceptions to this include buildings for agriculture and forestry and the provision of appropriate facilities for outdoor sport and recreation, as long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within it. It does not differentiate between degrees of permanency and the NPPF does not state that changes of use of the land is not inappropriate.
Local planning authorities must ask three separate sequential questions when applying Green Belt policy: 1. Is inappropriate development proposed? 2. Do very special circumstances exist? 3. Do such circumstances clearly outweigh the potential harm caused by the inappropriateness of the development and any other harm?
Local planning authorities are also required to give substantial weight to any harm which might be caused to the Green Belt by the inappropriate development. It is only if a local planning authority has conscientiously considered each of these three questions and answered ‘yes’, and given substantial weight to any harm caused, can it be said properly to have applied Green Belt policy as set out in the NPPF.
The change of use of land within the Green Belt is considered to be inappropriate and therefore, by definition, harmful unless very special circumstances exist.
The construction of new buildings in the Green Belt is regarded to be inappropriate, unless they are for the essential requirements of agriculture and forestry, outdoor sport and informal recreation. Reference should be made to Policy C1 of the Local Plan 2002.
Planning History
Bourne Wood has been used for the purposes of filming since the opening sequence of Gladiator was filmed at the site in 1999. Filming was initially undertaken using permitted development rights and hence express consents were not required. Since 1999 the wood has been used many times for a wide range of filming uses and has been used for an average of 2 films per year for the past 5 years.
The use of Bourne Wood over the last 5 years is set out in the table below:
It can be seen from the above table that the site was used for 10 films over a 5 year period (an average of 2 per year), but that the time taken for each film varied significantly. This ranged from 16 days for Harry Potter in 2008-9 to 122 days for Robin Hood in 2009-10. There were three films in 2010-11 taking a total of 115 days and three films in 2011-12 taking a total of 228 days. It can also be seen that the time of actual filming is a small proportion of the overall time the site is used for filming activites.
Planning permission was granted for the temporary change of use of the application site (reference WA/2012/1254) in October 2012.
The purpose of this planning application is to formalise the existing filming use at the site. This application has followed on from appropriate Screening and Scoping Opinions which have informed the Environmental Statement submitted with the application.
A number of temporary planning permissions have also been granted for filming uses in the Borough, including sites at Dunsfold Park, Bramley, Frensham Little Pond and at Hankley Common near Thursley. This background demonstrates that the Borough is a desirable filming location and that filming makes an important contribution to the local economy.
Community Involvement
The applicants explain that the options for the filming use of Bourne Wood, alongside continued forestry operations, were formulated based on the immediate and wider site context. Options for the amount and scale of the filming use, the layout of temporary filming uses and structures, and mitigation and enhancement measures were then developed and refined based on public consultation, pre-application advice with Council Officers and an iterative Environmental Impact Assessment process.
Public consultation involved a public exhibition, an on-line survey and a meeting with the Bourne Residents’ Association were carried out to present the options and to obtain feedback.
A summary of the key principles which emerged through the public consultation process is provided below: The quantity of filming should be limited and the wood should be available for recreation between films A buffer zone should be provided to Clumps Road and quiet generators should be specified Vehicular circulation within and surrounding the site should be managed effectively The scale/height of the structures used should be limited Further public parking spaces should be provided Information boards should be supplied, including seasonal information about the Bourne Wood and filming use Public access to Bourne Wood should be maintained Habitats and species should be protected and enhanced Protocol for production companies should be agreed, with details of set tours for residents and local groups, security guard etiquette and construction guidelines.
It is considered that all of the issues raised have been addressed in the submitted application, including the various recommended mitigation and enhancement measures presented by the applicant. Some of these issues have again been raised in the letters of representation made in response to the current application.
Green Belt
The application involves a change of use of land that would involve intermittently the erection of temporary structures for a maximum of 6 months per calendar year, which would have some impact at times upon the openness and visual amenities of the Green Belt. The proposed temporary structures would not be for the above purposes and it is considered that the proposal would result in some degree of encroachment into the countryside.
The proposed change of use would represent an inappropriate form of development. However, the filming activities would be temporary in nature.
The proposed temporary structures could be significant in size and the use of the site for the parking of vehicles and trailers, together with the siting of marquees, portaloos and portacabins and other structures, would add to the impact of the development. These various elements would be spread throughout the site.
Therefore, in view of the intermittent temporary harm caused, the proposal would constitute an inappropriate form of development within the Green Belt as would not keep a permanence of openness.
However, it is considered there are very special circumstances to outweigh the intermittent harm to the Green Belt caused by the proposed development.
The proposed film set would be located in a relatively isolated part of the area and the intermittent filming production and temporary nature of the film set which would only be in place for a limited period of any calendar year. The officers are satisfied that, through enforceable conditions, the land could be reinstated to its former condition and appearance. This intermittent use and temporary nature of the built form on the site are considered very special circumstances.
Through use of the site for filming previously the Forestry Commission has been able to diversify the landholding, from open semi-woodland landscape to include areas of heathland. The proposal would allow for further heathland creation. The proposals would enhance Biodiversity consistent with paragraph 109 of the NPPF.
It is considered therefore that very special circumstances exist in this instance to outweigh the intermittent harm to the Green Belt, and any other harm, and that the principle of the development is acceptable in this instance.
Impact on Visual Amenity- Including AONB and AGLV
In addition to being located in the Green Belt and regard to be given to the maintaining the openness of the Green Belt, the site is also located in the Surrey Hills Area of Outstanding Natural Beauty and a designated Area of Great Landscape Value.
Section 85 of the Countryside and Rights of Way Act 2000 states that in exercising or performing any functions in relation to, or so as to affect, land in an area of outstanding natural beauty, a relevant authority shall have regard to the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty. The NPPF says that great weight should be given to conserving landscape and scenic beauty in Areas of Outstanding Natural Beauty (AONB), in accordance with this, Policy C3 of the Local Plan 2002 requires development within the AONB to conserve or enhance the character and beauty of the landscape. The Surrey Hills Management Plan 2009 – 2014 sets out the vision for the future management of the Surrey Hills AONB by identifying key landscape features that are the basis for the Surrey Hills being designated a nationally important AONB.
The site is located within an Area of Great Landscape Value wherein Policy C3 of the Local Plan 2002 states that development should serve to conserve or enhance the character of the landscape. The NPPF states that the planning system should contribute to and enhance the natural and local environment by protecting and enhancing valued landscapes.
The proposal will result in some disruption to the general character and appearance of the site and in turn the openness of the Green Belt and the Natural Beauty of the AONB and the intrinsic landscape of the designated Area of Great Landscape Value.
However, this disruption will be intermittent and would be confined to views primarily within the site itself as it is largely screened from the wider surrounds by the Bourne Wood itself. There would be views of the main part of the site used for filming from the Bridleway to the south and that the activities and any noise/disturbance associated with the proposed use (including traffic) would be noticeable from other public rights of way in the vicinity and to nearby local residents.
There is also a need to consider the likely impact of the proposed use upon the relative peace and tranquility of the area. Clearly, such a proposal would have some impact and the amenities of local residents would also be affected to some degree. Any impact is likely to vary depending upon the length of any film and the particular activities associated with that film. This could arise from the noise of vehicles, the erection and dismantling of sets and on site generators. The nearest local residents are located on generally lower ground to the north and west of the site. Local residents have expressed particular concern in relation to the length of filming suggested, potential noise/disturbance and lighting pollution.
Artificial light would be used primarily during the filming phase and occasionally during rehearsals. This is more likely to have a significant impact during periods of night filming or low light. However, the lighting would be temporary and more modern lighting equipment is efficient and directional.
The main areas of activity, including support areas and the main film set, are located towards the central and southern parts of Bourne Wood.
A number of mitigation and enhancement measures are proposed. These include: A 50m Buffer Zone to protect the occupiers of Clumps Road The requirement for production companies to use silent towable generators A limitation on the height of temporary structures, including lighting rigs A limitation on the amount of filming and night shoots Letters to residents adjacent to the site providing information about each film Protocol for filming companies, including Code of Practice for security guards
The Officers consider that the intrusion on the landscape would be intermittent and the greater socio-economic benefits and the mitigation measures to return the landscape to its state pre-filming would outweigh the temporary intrusion to the visual amenities of the area. Therefore, on balance, the proposal would not significantly harm the natural beauty of the AONB or the intrinsic landscape character of the AGLV.
Impact on Residential Amenity
The NPPF identifies that within the overarching roles that the planning system ought to play, a set of core land use planning principles should underpin both plan-making and decision making. These 12 principles include that planning should seek to secure a good standard of amenity for all existing and future occupants of land and buildings. These principles are supported by Policies D1 and D4 of the Local Plan
The NPPF identifies that within the overarching roles that the planning system ought to play, a set of core land use planning principles should underpin both plan-making and decision making. These 12 principles include that planning should seek to secure a good standard of amenity for all existing and future occupants of land and buildings. These principles are supported by Policies D1 and D4 of the Local Plan.
The site has a known history of use since 1999 for the purposes of film production on an ad hoc basis. The permanency of use has not been previously tested or regularised by way of a certificate of lawful use application or a planning application and as such remains un-regularised in planning terms.
The application is not a retrospective application but the history of the use of the site is a material consideration, albeit anecdotal and documented both in film and the planning submission. In this time the Council have not received any known complaints from local residents about the use of the site and there have been no enforcement issues with regards the site.
It is considered that there would be no loss of privacy, outlook or daylight sunlight as a result of the proposals due to it being some distance from any nearby residents and the site being screened by the Bourne Wood itself.
It is considered that the main two issues of potential noise and light pollution to nearby by residents and be controlled and mitigated by suitable conditions restricting hours of filming construction etc and that the harm to nearby residents would not be of a level to be considered as such to be to the detriment of the enjoyment of their current residences.
Access and Recreation to Bourne Wood
It is noted that there is considerable concern of locals, that access, through and to the Bourne Wood, could be restricted and that this could be up to as much as 28 days a year.
Since the deferral of the application at the September Committee meeting, officers have sought clarification and further information on this issue.
Most of the Public Forest Estate, which is managed by the Forestry Commission, is dedicated for public open access under the Countryside and Rights of Way Act 2001 (the CROW Act). This means that people have the right to walk where they please through the woods and open areas of Bourne Woods (subject to the Commission’s byelaws). There are many paths through Bourne Woods that people are permitted to use. However, there are only two types of Public Rights of Way that cannot be closed – Public Footpaths and Public Bridleways.
Public Bridleways pass through the application site, to the south and to the east. There are other rights of way located to the north-east and north-west of the site, but these are not affected by the proposal.
Plan to show public rights of way and areas of Heathland management/restoration
The application submission states that each film may apply for up to 14 days ‘CROW Closure’. This is a formal process that the Forestry Commission can undertake on behalf of the film company to close Bourne Wood to the public. This is done when a particularly sensitive or dangerous scene is being shot and that when in place the public are restricted to the use of the Public Footpaths and Bridleways only.
Natural England’s statutory guidance to relevant authorities on their functions in relation to local access restrictions describes the Countryside and Rights of Way Act ’28 day allowance’, which gives the landowner an entitlement to restrict use of access rights at their discretion for up to 28 days per calendar year on any area of land, for any reason, in any way. Notification of when the 28 day allowance is used is published on Natural England’s website. The applicant considers that to impose a condition would duplicate the effect of other legislation and would not be reasonable.
Therefore, on the basis of two films per year, there may be closure of some of the Bourne Wood for a maximum of 28 days in any year. The various public rights of way would remain open. The surrounding area is also well served by short and long distance footpaths.
It is considered that this would be a relatively low number of days that there could be restrictions in place to access the actual site and the site is only a small part of the wood.
The proposals include measures to enhance public access at Bourne Wood, comprising a permissive footpath link (provided during filming to link the public footpaths from Old Frensham Road and Clumps Road), information boards, public car parking and temporary signs. Officers consider that details of any closure of the Bourne Wood, prior to any filming, should be the subject of notification to the Council. The applicant could suggest alternative routes as part of those details. The applicant has indicated that such a condition could be acceptable if permission is granted.
Therefore, it is considered that it would not be unreasonable that access to the site may be restricted for up to 28 days in any given calendar year. It is considered that the Bourne Wood would remain open to the public for much of the year
Highways
A full assessment of likely highway impacts is considered under ‘Transport’ in the report below.
The County Highway Authority has undertaken an assessment in terms of the likely net additional traffic generation, access arrangements and parking provision and is satisfied that the application would not have a material impact on the safety and operation of the adjoining public highway but has recommended some conditions.
The County Highway Authority’s recommendation is based on the assumption that a condition will be imposed on any permission granted limiting the use of the site for filming activity for a maximum of 6 months in any calendar year. The Authority is satisfied that the majority of vehicular movements associated with the different phases of filming would occur outside of the peak AM and PM periods on the highway network and therefore would not be a significant impact on the capacity of key junctions in the local area.
However, the Authority considers that the applicant will need to demonstrate in the Filming Activity Logistics Plan how the movement of vehicles associated with filming activity will be managed. A Travel Plan is also recommended to ensure that the number of cast/crew travelling by non-cat modes is maximised. These aspects of the scheme could be controlled by condition were permission to be granted.
Crime and disorder
S17(1) of the Crime and Disorder Act 1998 places a duty to consider crime and disorder implications on local authorities. In exercising its various functions, each authority should have due regard to the likely effect of those functions on, and the need to do all that it can to prevent, crime and disorder in its area. This requirement is reflected in the National Planning Policy Framework, which states that planning policies and decisions should promote safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion.
Given the scale and nature of the proposal, together with its location, it is considered that the proposal would not lead to crime and disorder in the local community and would accord with the requirements of the NPPF.
Heritage/Archaeology
The NPPF sets out that, as a core principle, planning should take account of the different roles and character of different areas and heritage assets, in a manner appropriate to their significance should be conserved. In considering proposals for development involving ground disturbance within Sites and Areas of High Archaeological Potential, Policy HE14 of the Local Plan requires that appropriate desk based or field surveys should be submitted with an application and appropriate measures taken to ensure any important remains are preserved.
The County Archaeologist has reviewed the proposal, and the information provided as part of the Environmental Statement, and has raised no objection subject to conditions, including the requirement for an appropriate archaeological management plan. Two main areas of potential impact have been identified in the assessment, although it is considered that it is probable that any impacts within these areas will be localised and relatively minor.
Effect on SPAs
The site is located within the Wealden Heaths I SPA Buffer Zone. The proposal would result in an increase in people on the site. However, due to the availability of alternative recreational opportunities within the area, which could divert residents from use of the SPA, the proposal would not have a likely significant effect upon the integrity of the SPA. An appropriate assessment is not, therefore, required.
Climate Change and Sustainability
The impact of the development, including traffic, on air quality and the general environment, is unlikely to be significant in this case. These issues are assessed in more detail in the report below.
Biodiversity and compliance with Habitat Regulations 2010
The NPPF states that the Planning System should contribute to and enhance the natural and local environment by minimising impacts upon biodiversity and providing net gains in biodiversity where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures.
When determining planning application, local planning authorities should aim to conserve and enhance biodiversity by applying the following principles:
If significant harm resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for then planning permission should be refused.
In addition, Circular 06/2005 states ‘It is essential that the presence or otherwise of protected species and the extent that they may be affected by the proposed development, is established before planning permission is granted.’
Under the National Environment and Rural Communities Act 2006, the Council as local planning authority has a legal duty of care to protect biodiversity.
The application property does not fall within a designated SPA, SAC, SNCI or SSSI. It is not within 200m of ancient woodland or water, and is not an agricultural building or barn.
The application is supported by a full Environmental Impact Assessment and it is considered that the proposal would not have a detrimental impact on the biodiversity of the site. These issues are considered in more detail under ‘ecology’ later in the report.
Natural England had raised an initial objection to the application, with concerns expressed over likely impacts upon Sand Lizards (a protected species) and breeding birds. In response to those concerns, additional information was provided by the applicant and which satisfied their initial concerns. However, conditions were recommended in order to ensure that the development would not materially impact upon Sand Lizards. Indeed, the proposal provides appropriate mitigation and enhancement measures.
The Surrey Wildlife Trust reports that the various surveys submitted provide sufficient information for the Council to be able to assess the potential status of protected and important species on the proposed development site and the likely effect of the development on them. The Trust reports that the most important (rarest) legally protected species found on the site is the Sand Lizard and were concerned that the proposed use of the site for filming is likely to result in very varied use of the site. They consider that the proposed protection and mitigation strategy for this site would therefore need to be strictly and consistently enforced.
Third parties have expressed concern that, given the extent of use proposed, there are doubts as to whether there would be sufficient time for the site to recover. The applicant states that the Environmental Statement provides a detailed assessment of the impact of the proposal on ecology. The application is accompanied by an Ecological Management Plan. Following implementation of the plan, and heathland creation, it is contended that the proposal would have positive impacts on habitats, protected species and nature conservation interests. In addition, the filming contract entered into between the Forestry Commission and Production Companies require them to reinstate Bourne Wood to its former condition at the end of each filming use. Based on the information submitted, officers are satisfied that the site can be satisfactorily restored between films.
Water Frameworks Regulations 2011
The European Water Framework Directive came into force in December 2000 and became part of UK law in December 2003. It gives us an opportunity to plan and deliver a better water environment, focusing on ecology. It is designed to:
enhance the status and prevent further deterioration of aquatic ecosystems and associated wetlands which depend on the aquatic ecosystems promote the sustainable use of water reduce pollution of water, especially by ‘priority’ and ‘priority hazardous’ substances ensure progressive reduction of groundwater pollution
The proposal would not conflict with these regulations.
Accessibility and Equalities Act 2010 Implications
Policy D9 of the Waverley Borough Local Plan encourages and seeks provision for everyone, including people with disabilities, to new development involving buildings or spaces to which the public have access. Officers consider that the proposal complies with this policy. A full assessment against the relevant Building Regulations would be captured under a separate assessment should permission be granted. From the 1st October 2010, the Equality Act replaced most of the Disability Discrimination Act (DDA). The Equality Act 2010 aims to protect disabled people and prevent disability discrimination.
Officers consider that the proposal would not discriminate against disability, with particular regard to access. It is considered that there would be no equalities impact arising from the proposal.
Human Rights Implications
The proposal would have no material impact on human rights.
Environmental Impact Regulations 2011
The proposal is considered to exceed the relevant thresholds stated in Schedule 2 of the EIA Regulations and the applicant has submitted an Environmental Statement with the application.
Prior to the submission of the current application, the applicant submitted both Screening and Scoping Opinions to the Council. Having regard to the location of the site, site constraints and likely environmental impacts of the proposal (even on a temporary basis), the Council concluded that the proposal constituted EIA development. The purpose of an Environmental Statement is to ensure that the potential effects of the project are fully understood, to inform any planning decision and to avoid or mitigate any adverse impacts of the scheme.
The scoping process identified the following key topics: Consideration of alternatives Transport Ecology Landscape Socio-economics and community Flood risk and utilities Trees and woodland Archaeology and heritage Air quality
The main conclusions on each of these aspects are summarised below. Reference is made to the Non-Technical Summary submitted with the application.
Consideration of alternatives
The location of Bourne Wood, within 1 hour travel time of London, is considered to be critical to the filming use of the site. The applicants have given consideration to 9 other sites within the London area.
Ownership of the site by the Forestry Commission is essential to deriving the social and environmental benefits associated with the proposed change of use. Having regard to a number of criteria, the applicants consider that Bourne Wood is the most suitable filming location and that the ‘bowl area’ selected provides a distinctive landscape setting, free from views of modern structures, and that there is suitable access to the site.
The applicants consider the proposals represent the most sustainable and least impacting option for filming when considered against the alternative sites owned and managed by the Forestry Commission in the south of England.
Transport, access and car parking
The submission states that sustainable transport modes will be utilised where possible, as set out within the Travel Plan, in accordance with paragraph 17 of the NPPF. A Travel Plan would be provided for each film and which could include further details of traffic and HGVs.
The Transport Chapter of the Environmental Statement demonstrates that the single access point from Tilford Road, the tarmac forest drive and the surrounding road network are more than sufficient to serve the filming use of Bourne Wood. Preferred travel routes for vehicles have been identified. Therefore, the transport movements generated by the proposals, which could be significant during the periods of filming, would not have a significant impact on the surrounding road network which includes a series of A roads, linking to the Tilford Road. Production companies will be required to provide wheel brushing facilities at the site entrance to prevent vehicles from carrying mud and debris onto the highway.
A full Transport Assessment has been submitted with the application. The assessment of vehicle movements and employee numbers were derived from a blockbuster filming production which took place in the Summer of 2012.
It has been identified that Tilford Road may experience some limited impact arising from the additional vehicle movements generated by the site. However, even accounting for the level of development traffic, Tilford Road would, at worst, operate at 24% of its capacity for a limited period during the peak of the filming operations phase.
The assessment divided into three phases of the use – site preparation, rehearsals/filming and site reinstatement (although the former and latter are similar in their characteristics). The main traffic generation would be associated with the main filming operations phase. The phase would include stunt rehearsals, main unit shoot and typically a 2nd unit shoot. During the filming operations, the number of people on-site peaks at about 600, including crew and extras. This period would normally last for up to 2-3 weeks. In addition, the crew and extras have staggered call times to reduce impact in terms of vehicle movements at the application site as well as reducing processing time on site.
Details of the anticipated number of vehicles associated with the filming operations phase are set out below: Of the total estimate of 600 personnel, it is anticipated that some 400 (66%) would arrive by private car and therefore some 800 two-way single occupancy car drive movements could be generated As part of a Travel Plan and site wide management strategy, personnel would be encouraged to utilise the provided coaches and mini-buses, as well as public transport, to access the site The level of HGV traffic would vary throughout the filming operations phase. It is anticipated that the number of HGV movements would peak during stunt rehearsals at around 80-90 two-way HGV trips per day and that these would occur outside of the typical highway network periods and spread evenly throughout the day, with no more than 10% of movements occurring during any hourly period i.e. 8-9 HGV two-way trips Throughout the filming operations phase, it is envisaged that vehicles would rote south from the A31 along Station Hill and along Tilford Road
Having regard to relevant data, details of the local highway network have not been subject to a notable level of incidents during the 5-year period up to October 2012.
During filming operations, two 52-seat coaches would collect and return extras from Pinewood Studios and from Charing Cross Station in London. The coaches would typically arrive early in the morning and return in the afternoon or early evening.
Car parking would be accommodated in an adjoining field. However, the applicant has clarified that this would only normally occur during the actual filming stage and is limited to 28 days a year to accord with the lawful use of land under permitted development rights. Mini-buses are typically provided to transport personnel to and from the car parking area to the application site.
The applicant has agreed to provide additional parking for the public at the Tilford entrance to the site. The submission indicates that there are currently 14 spaces and that this could be increased to provide 20 spaces. These would be provided on land located further into the site. Officers consider this increased provision to be a significant public benefit and would make the Bourne Woods more attractive to visitors of the woods.
Therefore, on the basis of the findings of the Transport Assessment and in the context of the guidelines of the NPPF, it is concluded that there are no residual cumulative impacts in terms of highway safety or the operational capacity of the surrounding road network. Ecology
The site is within a rural location on the outskirts of Farnham. The application site is covered by national designation of the Surrey Hills AONB. The Thursley, Ash, Pirbright and Chobham SAC, and Thursley, Hankley and Frensham Common SPA are located some 2km to the south-east of the site. The site is covered by the Wealden Heaths SAC Buffer Zone. The site is situated close to the Moor Park and Gong Hill SSSIs. To the south-east of the site, and on the opposite side of Tilford Road lies an area of Ancient Woodland and to the south-east is the Farnham Heath RSPB Nature Reserve.
The site is therefore sensitive from an environmental and nature conservation point of view. The site has ecological value.
The existing site has been used for purposes of filming since 1999. Surrounding land uses consist of low density residential plots and further woodland.
The proposal has been subject to an extended Phase 1 Ecological Assessment, desk study, field survey and Phase 2 Reptile Surveys.
The Environmental Statement sets out a number of mitigation and enhancement measures, with the creation and restoration of new heathland to mitigate for impacts on existing heathland areas in relation to the proposals.
In line with the Surrey Heathland HAP targets, funding will be secured through the filming on site: For lowland heathland creation and management To support survey, research and monitoring To improve the condition and increase the proportion and extent of lowland heathland and acidic grassland by 2020
Protected areas, including the current reptile areas, will be managed and protected to retain their lowland heathland flora. New wildlife corridors will link these areas into the sand lizard habitat on site and outside of the site boundaries, and that a new sand lizard habitat will be created on site.
The indicative filming area will be managed to create a mosaic of bare ground and short acid grassland.
New heathland areas will be created, including rides, with tree cover at a maximum of 20%.
Proposals will maintain the trees on site for nesting birds and that new habitat creation for heathland habitat will benefit a wide range of bird species.
The proposal is therefore considered to provide a number of ecological benefits.
Landscape
The applicants consider that the landscape of Bourne Wood has a significant capacity to accommodate change due to the screening provided by the mixed age of conifer trees. The site preparation and filming phases may have some impact on vegetation but it is anticipated that this would be short lived and would be mitigated, such as through the removal of all temporary structures upon the completion of filming.
However, it is acknowledged that the proposed temporary filming use would have a very limited visual impact from outside Bourne Wood, due to the location of the film set, the extent of tree cover and with any clearer views being obtained from the Public Bridleway to the south.
Socio-economics and community
The applicants consider that film production has significant economic benefits and state that over the last 20 years, the British film industry has grown substantially. Today, the core British film industry is substantial, directly generating 43,900 full time equivalent jobs and contributing £1.6m to national GDP.
The applicant argues that the use of Bourne Wood for filming has had significant local economic benefits. For example, during a recent film, the cast and crew used 12 different hotels in Farnham, Guildford and elsewhere within the local area and that use was made of other local businesses and services. The applicant conservatively estimated total value to the local economy is in excess of £100,000 per film.
The filming use of Bourne Wood enables the Forestry Commission to diversify the forestry use of the landholding, supporting the continued viable public ownership of the Bourne Wood. The filming use of Bourne Wood is an important rural enterprise, which benefits the above rural businesses, consistent with paragraph 28 of the NPPF.
The use of the Bourne Wood for filming would also be an attraction for local groups and organisations. For example, the Forestry Commission provides guided tours and presentations on the filming use of Bourne Wood for local schools and Bourne Wood is used by students from the UCA in Farnham to learn about film making.
Public access to the site would remain largely unrestricted and the use of the site for filming is likely to attract more visitors to the woods, who might otherwise not visit the woods.
These factors weigh is favour of the proposal, but need to be taken into account in the balance of considerations, including any environmental and residential amenity issues.
Flood risk and utilities
The site is not within a flood risk area, being within Flood Zone 1. The site relates to higher ground and away from watercourses located on lower ground to the north and east. The site has no history of flooding and is not expected to be flooded from rivers, groundwater, land and sewers or from artificial sources.
The proposed application represents a change of use of the land only. There will be very little, if any, physical alterations to the site that are temporary structures overlaying the existing ground form. There would be no change in the areas of hard surfacing within the site, and support activities would utilise the existing gravel and tarmac areas.
The drainage characteristics of the site are very good and it is considered that the proposal would not alter this situation.
It is understood there are no sewers within or running across the site and therefore foul sewerage would be disposed of off-site. This arrangement would continue throughout the proposed filming use. Similarly, there are no electricity supplies available on site and that, like in the past, silent towable generators would be used. There is a single water supply connection which provides a limited supply to the site and it is explained that this is sufficient to serve the proposed filming use.
The Environment Agency has raised objection to the proposal.
Trees and woodland
The arboricultural feature of the site is the Pine woodland. This woodland is to be retained and the feature would remain a public amenity.
The access to the site is well established and no significant additional construction works are anticipated to improve the access into the site, with no additional potential impact upon the adjacent trees.
The indicative set and filming area is within an open area to the southern part of the site, in a ‘bowl’ landform. This area has been used as a film set on prior occasions. Although pedestrian use near to trees has the potential to cause compaction, the sandy soil is resistant to compaction and therefore not considered a significant impact. It is not anticipated that there would be vehicular access within the woodland areas beyond the main access routes or rides within the wood.
Almost all of the wood is managed using a clear-felling and restocking system. It is explained that forestry operations would tie in with filming schedules, but given that the normal cycle for thinning is five years, this can be accommodated in forward planning. Since the original submission, the applicant has submitted details of the Forest Design Plan for Bourne Wood.
Currently a little over 6ha (11.5%) is permanently open and a proportion of this is managed for the conservation of rare species.
The Council’s Tree and Landscape Officer has raised no objection to the proposal. There are no individual trees of merit and concern would only arise if large areas of the woodland were to be affected, which is not the case here. Furthermore, it is considered that such action would not be in the applicant’s interest.
It is therefore considered that the proposed change of use is unlikely to have any significant impact upon the wooded nature of the site.
Archaeology and heritage
Bourne Wood includes a number of recorded heritage assets, such as Bronze Age and WWII remains. The Environmental Statement identifies the earthwork remains of a former plantation boundary extend through the northern ‘indicative support area’ and are considered to be a heritage asset of low value. However, it is proposed to implement an exclusion zone in the vicinity of these works and that if ground works are required, an appropriate programme of archaeological monitoring will be implemented. There are no further known heritage assets within the ‘indicative set and filming area’ or ‘indicative support areas’.
Ground disturbance associated with the proposed use is likely to be very limited, and would not be materially greater than the ground disturbance caused by existing forestry operations. Any impact from the installation of temporary structures is likely to be very small.
Therefore, officers are satisfied that there would be no harmful impacts upon heritage assets.
Air quality
In view of the nature of the application, there is likely to be limited impact upon air quality. The proposal would involve the temporary use of the site.
A number of mitigation options have been prepared to ensure that the filming activities are pollution neutral. A clause in the Forestry Commission contract requires Production Companies to endeavour to comply with Considerate Contractors criteria – the access to and use of the site would be fully marshalled; any special effects involving fires are to be strictly controlled by staff; speed limits within the site and the no idling of vehicles on site.
The Council’s Environmental Health Officer has noted that the application contains details of mitigation in respect of noise and general activity within the site. The submission makes reference to the Code of Practice and Filming Guidelines and is satisfied that the proposal would not give rise to air quality issues.
It is therefore concluded from the Environmental Statement that the proposal would not have any significant adverse environmental impacts, following the implementation of the proposed mitigation measures. If permission is granted, conditions could be included in accordance with the recommendations of the Environmental Statement to avoid material harm to the environment.
Article 2(3) Development Management Procedure (Amendment) Order 2012 Working in a positive/proactive manner
In assessing this application, officers have worked with the applicant in a positive and proactive manner consistent with the requirements of paragraphs 186-187 of the NPPF. This has included the following:-
Provided or made available pre application advice to seek to resolve problems before the application was submitted and to foster the delivery of sustainable development.
Provided feedback through the validation process including information on the website, to correct identified problems to ensure that the application was correct and could be registered;
Have negotiated with the applicant to resolve identified problems with the proposal and to seek to foster sustainable development.
Representations
It is considered that many of the objections/concerns raised by groups and third parties have been satisfactorily addressed within the above report.
From a reading of the representations made, it appears that many people do not necessarily raise an objection, in principle, to the site being used for filming purposes.
Many of the issues raised are matters of planning judgement and appear to relate to the extent of film use sought and whether adequate restrictive conditions could be imposed to sufficiently mitigate the likely impact of the proposal. For the reasons set out in the above report, officers consider that the proposal strikes the right balance between environmental and economic considerations.
Other Matters
A number of third parties have made the point that, if an exception to policy is to be justified, it can only be on the basis that the income from filming should be for the benefit of the Forestry Commission and the public forest estate. For that reason, it is considered essential that any permission given is limited for so long as the Forestry Commission own, manage and control the Bourne Wood. This would then secure a public benefit that would be lacking if Bourne Wood were to be transferred (with any permission granted) to a commercial entity, such as a film company.
This issue is fully understood by the applicant. Following discussions with officers, the applicant is prepared to enter into a Legal Undertaking in order to link and secure any income generated to the public forest estate. Officers should advise that a condition would not be appropriate in this case.
In addition to this, the applicant points out that any film company that wishes to use the site would be required to enter into a Licence agreement with the Forestry Commission. The licence not only seeks to ensure fees are paid to the Forestry Commission, but also seeks to cover other matters in relation to various restrictions on the use of the site, site protocols and restoration of the site post filming.
Conditions
Since the presentation of the application to the meeting on 4 September, and having taken note of the comments of Members at that meeting, officers have reviewed the application and possible restrictive conditions should Members be minded to grant permission.
Many of the conditions proposed are reflective of the information submitted as part of the application submission and as offered by the applicant. These conditions are required in order to control the extent and timings of the proposed use, the activities involved, together with appropriate mitigation and enhancement measures.
It is acknowledged that the proposed use would have some impact, upon the rural character and residential amenities of the area. In the officers’ view, the conditions proposed are considered to be reasonable and sufficient to mitigate the environmental impact of the use of the site for filming.
Conclusion
The application site has been used for a number of films since 1999 and has therefore become a well established and attractive location for film use.
The applicant seeks to regularise the use of the site for film use. The proposal would still be for a temporary use of the site for filming. It is considered that the extent of use would be no greater than in previous years. It should be noted that the period of film use sought would be a maximum and that this would allow for some flexibility for the film industry.
It is acknowledged that the proposal would have some impact upon the rural character and residential amenities of the area. The acceptability of any impact is a matter of planning judgement.
It is considered that the proposal has important socio-economic-environmental benefits that amount to very special circumstances that outweigh any potential harm to the Green Belt and the purposes of including land within it.
It is further considered the proposal would not materially harm the residential amenities of the surrounding residents or have an adverse impact on the highway network. The applicant has submitted an Environmental Impact Assessment to demonstrate the proposal will not harm the environment. Officers consider that very special circumstances exist in this case to clearly outweigh the harm to the Green Belt.
A number of conditions are proposed which would limit activities and the likely impact of the proposed use on the local environment, including the Surrey Hills AONB and the AGLV, and the amenities of nearby local residents. Public access to the woods would be maintained.
Members would need to consider and balance a number of material planning considerations.
Officers therefore consider that the proposal should be supported.
Recommendation
That, subject to the applicant entering into an appropriate legal agreement in order to tie the permission to the Forestry Commission (or successor in title) and to secure any monies received from filming to be used solely towards the public forest estate), permission be GRANTED subject to the following conditions:
1. Condition The plan numbers to which this permission relates are 1302/P01REVD, 1302/P02. 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 Policies D1 and D4 of the Waverley Borough Local Plan 2002.
2. Condition The indicative areas shown on the approved plan 1302/P02 shall be used for the purposes of the activities indentified (including those areas identified for the parking of vehicles and support areas) and these activities shall not take place outside of these areas without the prior written consent by the Local Planning Authority. Any use of the area of the wood outside of the 'bowl' and the support areas shall be retstricted to filming and not used for ancillary purposes.
Reason In order to protect the character and residential amenity of the area and to accord with Policies C1, C3, D1 and D4 of the Waverley Borough Local Plan 2002.
3. Condition No construction activities, including deliveries and site reinstatement, shall take place outside of the hours of 07:00 and 19:00 hours. There shall be no such activities on Sundays, Bank Holidays or Public Holidays.
Reason In the interests of the rural character and residential amenities of the area, in accordance with Policies D1, D4 and C3 of the Waverley Borough Local Plan 2002.
4. Condition There shall be no film shoot activity outside the hours of 06:00 and 21.00 hours with the exception of a maximum 7 days of any calendar year to allow night filming. There shall be no film shoots on Sundays, Bank Holidays or Public Holidays and night shoots shall not take place beyond 24:00 hours.
Reason In the interests of the rural character and residential amenities of the area, in accordance with Policies D1, D4 and C3 of the Waverley Borough Local Plan 2002.
5. Condition Prior to the use of the site for any night shoots, the applicant shall give prior written notification of any night filming together with associated details, and shall retain a record of the shoots.
Reason In the interests of the rural character and residential amenities of the area, in accordance with Policies D1, D4 and C3 of the Waverley Borough Local Plan 2002.
6. Condition No filming activities will be carried out within the sand lizard exclusion zone at any time. This area is indicated by the "retained and protected sand lizard habitat" on the Indicative Proposals Plan No.1302/P2. This encompasses an area of 200m length by 30m wide.
Reason In the interests of the biodiversity and nature conservation interests of the site, in accordance with Policy D5 of the Waverley Borough Local Plan 2002 and the NPPF 2012.
7. Condition Heathland habitat shall be restored in the areas indicated on the Indicative Proposals Plan 1302/P02 as "ecological enhancement" as set out in the Environmental Statement submitted application.
Reason In the interests of the biodiversity and nature conservation interests of the site, in accordance with Policy D5 of the Waverley Borough Local Plan 2002 and the NPPF 2012.
8. Condition Prior to the use of the site for filming activity, the applicant shall submit a Habitat Creation and Management Plan for the creation and management of the Sand Lizard exclusion zone and ecological enhancements shall be submitted to and for the approval in writing by the Local Planning Authority. The use shall be carried out in full accordance with the agreed details.
Reason In the interests of the biodiversity and nature conservation interests of the site, in accordance with Policy D5 of the Waverley Borough Local Plan 2002 and the NPPF 2012.
9. Condition No development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Investigation which has been submitted by the applicant and agreed in writing by the Local Planning Authority. These details shall include the provision of an appropriate exclusion zone around a pair of linear earthworks identified in the submitted Environmental Statement.
Reason In the interests of protecting the heritage assets, in accordance with Policy HE14 of the Waverley Borough Local Plan 2002 and the NPPF 2012.
10. Condition Prior to the use of the site for filming activity the applicant shall submit to and for the approval of the Local Planning Authority, in consultation with the Highway Authority a Filming Activity Logistics Plan in general accordance with the aims and objectives of Milestone Transport Planning's Transport Assessment dated January 2013. The Logistics Plan shall provide information on the management of the transport requirements for each of the four phases of filming activity and shall include (but not limited to) information on:
(a) On site layout and parking arrangement (b) Any off-site parking facilities for personnel (c) HGV and Service/Delivery vehicle movements (detailing a rouring strategy, the number of movements per day, arrangements for ensuring the proportion of movements during the AM(8-9am) and PM(5-6pm) peak hours is kept to a minimum) (d) Measures to keep the public highway clean and prevent the creation of a dangerous surface in the public highway (e) Arrangements for transporting cast/crew by private coach and mini-bus.
The applicant shall then implement the approved Filming Activity Logistics Plan, and for each subsequent use of the site for filiming activity, maintain and develop the plan to the satisfaction of the Local Planning Authority, in consultation with the Highway Authority.
Reason In the interests of highway movements and saftey and to accord with Policies M1 and M2 of the Waverly Borough Local Plan 2002.
11. Condition Prior to the use of the site for filming activity the applicant shall submit to and for the approval of the Local Planning Authority, in consultation with the Highway Authority, a Travel Plan in accordance with the aims and objectives of the National Planning Policy Framework 2012 and in general accordance with the aims and objectives of Milestone Transport Planning's Transport Assessment dated January 2013. The applicant shall then implement the approved travel plan and for each subsequent filming activity on the site, thereafter maintain and develop the travel plan to the satisfaction of the Local Planning Authority.
Reason In the interests of the rural character and residential amenities of the area, in accordance with Policies D1, D4 and C3 of the Waverley Borough Local Plan 2002.
12. Condition The means of access to the site for the purposes of filming activity shall be from the Tilford Road/Forest Drive junction only and no other means of access shall be used in conjunction with the use hereby permitted.
Reason In order that the development should not prejudice highway safety, the free flow of traffic nor cause inconvenience to other highway users in accordance with Policies M2 and M14 of the Waverley Borough Local Plan 2002.
13. Condition Prior to the use of the site for filming activity, space shall be laid out at the site entrance off Tilford Road, in accordance with a scheme to be submitted to and for approval in writing of the Local Planning Authority to provide a total of 20 public parking spaces (an increase of 6 above the existing 14 spaces). The details shall include a relocated barrier and surfacing materials. The parking/turrning area shall be used and retained exclusively for its designated purpose and shall not be used for purposes associated with the proposed filming acivities.
Reason In order to encourage greater public use of the Bourne Woods for recreational purposes, in accordance with Policies LT7, M2 and M14 of the Waverley Borough Local Plan 2002 and the NPPF 2012.
14. Condition Filming activity on the site shall be for a maximum period of 6 months in any calender year and limited to 8 consecutive months spread over two calender years.
Reason In the interests of the rural character and residential amenities of the area, in accordance with Policies D1, D4 and C3 of the Waverley Borough Local Plan 2002 and the NPPF 2012.
15. Condition Any temporary structures, including lighting rigs, shall be limited in height to 25m on areas below 85m AOD and 15m on areas above 85m AOD.
Reason In the interests of the rural character and residential amenities of the area, in accordance with Policies D1 and C3 of the Waverley Borough Local Plan 2002.
16. Condition Any temporary structures, and associated plant, machinery and support facilities, shall be removed from the site upon completion of each filming activity.
Reason In the interests of the openness and visual amenities of the Green Belt and the rural character of the area, in accordance with Policies D1, C1 and C3 of the Waverley Borough Local Plan 2002.
17. Condition The 50m wide Buffer Zone to residential development as shown on the Indicative Proposals Plan No.P1302/P2shall be provided and retained throughout the period of any filming activity. There shall be no filming activity within this Buffer Zone.
Reason In the interests of the rural character and residential amenities of the area, in accordance with Policies D1, D4 and C3 of the Waverley Borough Local Plan 2002 and the NPPF 2012.
18. Condition There shall be no clear felling or ground excavations outside of 'the bowl' or 'support areas', other than for bona fide forestry operations or for ecological enhancements, referred to in the submitted Environmental Statement.
Reason In the interests of the rural character and apearance of the area, in accordance with Policies D1, D7 and C3 of the Waverley Borough Local Plan 2002.
19. Condition Prior to the use of the site for filming activity, details shall be submitted to and for the approval in writing of the Local Planning Authority of information boards/signage identifying the closure of footpaths/tracks within and surrounding the application site, together with alternative routes to be made available to the public during fliming activities. These details shall include the provision of a permissive footpath through the site. The use shall be carried out in full accotdance with the agreed details and shall not be varied without the prior written consent of the Local Planning Authority.
Reason In the interests of maintaing public access throughout Bourne Wood, in accordance with Policies LT7 and LT11 of the Waverley Borough Local Plan 2002.
20. Condition No helicopters shall use the site in association with the proposed use hereby permitted without the prior written consent of the Local Planning Authority
Reason In the interests of the rural character and residential amenities of the area, in accordance with Policies D1, D4 and C3 of the Waverley Borough Local Plan 2002 and the NPPF 2012.
21. Condition The use herby permitted shall be carried out in accordance with the mitigation procedures using the Code of Practice and Fliming Guidelines supported Screen South and SEEDA, a set out in the application submission.
Reason In the interests of the rural character and residential amenities of the area, in accordance with Policies D1, D4 and C3 of the Waverley Borough Local Plan 2002 and the NPPF 2012.
Informatives
1. ''IMPORTANT'' This planning permission contains certain conditions precedent that state 'before development commences' or 'prior to commencement of any development' (or similar). As a result these must be discharged prior to ANY development activity taking place on site. Commencement of development without having complied with these conditions will make any development unauthorised and possibly subject to enforcement action such as a Stop Notice. If the conditions have not been subsequently satisfactorily discharged within the time allowed to implement the permission then the development will remain unauthorised.
2. There is a fee for requests to discharge a condition on a planning consent. The fee payable is £97.00 or a reduced rate of £28.00 for household applications. The fee is charged per written request not per condition to be discharged. A Conditions Discharge form is available and can be downloaded from our web site.
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.
3. The developer is reminded that it is an offence to allow materials to be carried from the site and deposited on or damage the highway from uncleaned wheels or badly loaded vehicles. The Highway Authority will seek, wherever possible, to recover any expenses incurred in clearing, cleaning or repairing highway surfaces and prosecutes persistent offenders.
4. The permission hereby granted shall not be construed as authority to obstruct the public highway by the erection of scaffolding, hoarding or any other device or apparatus for which a licence must be sought from the Highway Authority Local Transportation Service.
5. The applicant is advised that a number of Public Rights of Way cross the application site and it is an offence to obstruct or divert the route of a right of way unless carried out in complete accordance with appropriate legislation.
6. 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.
7. The permission hereby granted shall not be construed as authority to carry out works on the highway or any works that may affect a drainage/culvert or water course. The applicant is advised that a licence must be obtained from the Highway Authority Local Highway Service Group before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway. The applicant is advised the consent may be required under Section 23 of the Land Drainage Act 1991.
8. The Council confirms that in assessing this planning application it has worked with the applicant in a positive and proactive way, in line with the requirements of paragraph 186-187 of the National Planning Policy Framework 2012.
A2 WA/2013/1325 Erection of extensions and alterations to the A Torjussen existing hotel building following part demolition; 15/08/2013 erection of building to provide 6 new hotel rooms; erection of 4 dwellings together with alterations to vehicle access and parking arrangement at: Bishops Table Hotel, 27 West Street, Farnham GU9 7DR
Committee: Western Area Meeting Date: 30/10/2013 Public Notice Was Public Notice required and posted: YES Grid Reference: E: 483711 N: 146733
Town: Farnham Ward: Farnham Castle Case Officer: Mr A Griffiths
8 Week Expiry Date 10/10/2013 Neighbour Notification Expiry Date 20/09/2013
RECOMMENDATION That, permission be GRANTED, subject to conditions.
Location Plan
Site Description
The site, which measures 0.38 hectares, is located to the southeast of West Street, directly adjacent to the junction with The Hart in the in the centre of Farnham.
The Bishops Table is a large two storey Grade II Listed building with rooms in the roof space that lies adjacent to the highway and is set within a deep plot. The elevation fronting the highway is rendered with a parapet wall and pitched tiled roof beyond. To the rear are various single storey and two storey projections, along with an historic coach house that is linked to the rear elevation via a single storey flat roofed projection.
The building is attached to a residential dwelling to the northeast and to the southwest is a car park that serves the adjacent library.
There is a gradual fall in levels through the site from the highway in the northwest. Midway down the site is a derelict and overgrown swimming pool and associated built form (changing facilities and plant). Beyond this the site is further overgrown up until the footpath and the river in the south.
Proposal
Planning permission is sought for: . The opening up of the historic access off West Street to allow vehicular access through the ground floor of the hotel, and extended and refurbished coach house, to a development beyond of an access drive and parking/turning area; a detached block of hotel accommodation providing an additional 6 units of hotel accommodation; and 4 semi detached 2 bedroomed open market houses set in two detached buildings (units 1, 2, 3 and 4), all of which is following the demolition of all the flat roofed structures to the rear of the hotel and to the sides of the coach house. . The detached unit of hotel accommodation, which architecturally has the appearance of a single dwelling with a legible single access to the front east elevation, would be set parallel to the south-western common boundary and would provide a further 6 bedrooms and would be set over two floors. The building would have a ridge height of 7.1m and an eaves height of 4.7m with a fully gabled roof in clay tiles and elevations finished in brick. . The open market housing would be very similar in form, design, scale and materials to the detached unit of hotel accommodation detailed above, with the exception of a full width single storey projection with mono pitched roof to the front north elevation of the building parallel to the south-western common boundary (units 1 & 2), and the open market housing being served by private and enclosed amenity spaces. Units 1 and 2 would have a ridge height of 7.9/7.8m and eaves heights of 4.8/4.6m due to the slight fall in levels across the site. Units 3 & 4, would have a ridge height of 7.8m/7.6m and an eaves height of 4.5m. . The parking/turning area would provide 9 new car parking spaces for hotel use and 5 parking spaces for the 4 open market houses. . Planning permission is also sought for the erection of a first floor and modest two storey extension to the rear, southeast elevation of the hotel, adjacent to the southwest common boundary. . The erection of a part two storey, part first floor extension to the remaining section of the rear elevation; the first floor extension would be over the reinstated access through the ground floor of the building. This two storey extension would have an overall height of 7.5m with an eaves height of 5.9m. . Internal alterations, which include the creation of two new bedrooms at first floor level in the proposed first floor extension. . The repair and refurbishment of the historic coach house, which would provide hotel storage at ground floor as well as vehicular access through to the development and parking beyond, and an additional unit of hotel accommodation at first floor level. . The erection of a detached bin and cycle store building to the back of the parking area adjacent to the eastern boundary of the site. The building would have an overall height of 4.8m with a footprint of 15.3m (length) x 4.8m (width) and would be constructed of oak with a zinc roof, . The erection of a boundary wall of some 2m in height that would project from the detached unit of hotel accommodation towards the coach house but would not connect to this building, allowing pedestrian access to the rear of the hotel. . The development would increase the number of hotel rooms from 19 currently to 35 though the re-consolidation of accommodation and the erection of additional units of accommodation.
Existing roof plan
Existing ground floor plan of hotel and coach house
Existing first floor plan of hotel
Existing second floor plan of hotel
Proposed block plan
Proposed rear elevation of hotel
Proposed side east elevation of extension to the rear of existing hotel and section through
Proposed ground floor plan of hotel and coach house
Proposed first floor plan of hotel and coach house
Side west elevation of refurbished coach house
Proposed east elevation of detached unit of hotel accommodation
Flank south elevation of detached unit of accommodation
Flank north elevation of detached unit of hotel accommodation
Northern flank elevation of unit 3 and front elevation of units 1 and 2
Rear south elevation of units 1, 2 and flank elevation of unit 4
Front west elevation of units 3 & 4
Rear east elevation of units 3 & 4
Eastern rear elevation of the detached unit of hotel accommodation and side elevation of unit 1 (common boundary wall in the foreground)
Relevant Planning History
WA/2013/0073 Erection of a building to provide additional hotel Full accommodation together with extension and Permission alterations to existing building following part 20/05/2013 demolition. (extant) WA/2011/2080 Listed Building Consent for erection of extensions Consent and alterations to existing hotel and curtilage listed Granted structure following demolition of extensions. 12/07/2012 (extant)
WA/2011/2079 Erection of 5 dwellings and associated parking Refused together with erection of extensions and alterations 12/07/2012 to existing hotel following demolition of extensions. Appeal Dismissed 06/03/2013
WA/2011/0598 Listed Building Consent for erection of 6 new Withdrawn dwellings and associated parking together with 07/06/2011 erection of extensions and alterations to existing hotel following demolition of existing extensions.
WA/2011/0597 Erection of 6 new dwellings and associated parking Withdrawn together with erection of extensions and alterations 07/06/2011 to existing hotel following demolition of extensions.
Planning Policy Constraints
Developed area of Farnham Grade II Listed Building Conservation Area Town Centre Area Farnham Green Envelope Area of High Archaeological Potential Thames Basin Heath 5km SPA Buffer Zone Wealden Heaths 5km SPA Buffer Zone AQMA Buffer Zone
Development Plan Policies and Proposals
Policies D1, D4, D3, D6, D7, D13, D14, C11, LT3, HE1, HE3, HE5, HE8, HE14, TC1, TC3, M1, M2 and M14 of the Waverley Borough Local Plan 2002.
Policy NRM6 of the South East Plan 2009.
The South East Plan 2009 was the Regional Spatial Strategy (RSS) for the South East region the Plan was revoked on March 2013 except for Policy NRM6: Thames Basin Heaths Special Protection Area. This Policy remains in force.
National Planning Policy Framework (NPPF) Farnham Design Statement 2010 Planning Infrastructure Contribution SPD 2008 Thames Basin Heaths SPA Avoidance Strategy 2008 Residential Extensions SPD 2010 Surrey County Council Vehicular and Cycle Parking Guidance 2012 Waverley Borough Council Parking Guidelines 2013
Consultations and Town Council Comments
Town Council: It is difficult to comment further due to inadequate information.
County Highway Authority: No objection, subject to conditions.
Environment Agency: No objection, subject to further survey work being undertaken to accompany the applicant’s application for a European Protected Species (EPS) licence.
Surrey Wildlife Trust: No objection, subject to conditions
Natural England: No objection, subject to conditions
County Archaeologist: No objection, subject to conditions
Representations
5 letters have been received raising objection on the following grounds: 1. The vehicular access to the site would cause conflict with other road users and is dangerous from the perspective of pedestrians and other highway users. 2. The development would increase congestion in the area. 3. The development would overlook some of the properties of Kingham Place. 4. The proposal would result in loss of light/overshadowing to some of the properties of Kingham Place. 5. Further windows in the eastern elevations of the development should be restricted by condition. 6. The development would create noise and vibration well above and beyond the current very quiet background level. 7. The public access from West Street to the water meadows in the south would provide opportunities for intruders. 8. The development would be cramped and would provide insufficient parking spaces for vehicles. 9. The owners of the hotel have removed a large number of trees and vegetation to the rear of the site and should be required to further landscape this area as part of the proposal.
2 letters have been received expressing support on the following grounds; 1. The development would enhance the existing hotel and add to the prosperity of the town.
Determining Issues
Principle of development Planning history and comparison with appeal decision and extant scheme Housing and mix Expansion of hotel use Listed Building, Conservation Area, Farnham Green Envelope and design considerations Residential amenity Highway considerations and parking Arboricultural considerations Biodiversity and compliance with Habitat Regulations 2010 Archaeological considerations Air quality Effect on SPA Infrastructure Tariff Climate change Crime and disorder Water Frameworks Regulations Accessibility and Equalities Act 2010 Implications Human Rights Implications Environmental Impact Regulations 2011 Article 2(3) Development Management Procedure (Amendment) Order 2012 Working in a positive/proactive manner Representations
Planning Considerations
Principle of development
On 27 March 2012, the Government adopted its National Planning Policy Framework (NPPF). This document has superseded the majority of previous national planning policy guidance/statements (with the exception of PPS10: Planning for Sustainable Waste Management) and condensed their contents into a single planning document. Section 38(6) of the Planning and Compulsory Purchase Act 2004, still requires all applications for planning permission to be determined in accordance with the Development Plan, unless material considerations indicate otherwise. The Waverley Borough Local Plan (WBLP) 2002 and the South East Plan 2009 therefore remain the starting point for the assessment of this proposal.
The NPPF is, however, a material consideration in the determination of this case. Paragraphs 214 and 215 of the NPPF make clear that where a local authority does not possess a development adopted since 2004, due weight may only be given to relevant policies in existing plans according to their degree of conformity with the NPPF.
The majority of the site is within the developed area of Farnham wherein the principle of development is acceptable, subject to the consideration of the detailed aspects of the proposal. The 4 open market houses that form part of the development would be within the Farnham Green Envelope, wherein new development will be resisted under Policy TC10.
The hotel is Grade II Listed and within the Farnham Conservation Area. Section 72 of the Planning Listed Buildings and Conservation Areas Act 1990 states that in the exercise, with respect to any buildings or other land in a Conservation Area, special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area.
Policies HE3 and HE5 state that where development is proposed that will affect a Listed Building or its setting, high design standards will be sought to ensure that the new development and any internal alterations are appropriate and compatible with the building; proposals will not be permitted if they would harm the building or its setting; and that any proposed works are based upon the full information about the special interest of the building.
The NPPF at paragraph 137 states that planning authorities should look for opportunities for new development within the setting of heritage assets to enhance or better reveal their significance. Proposals that preserve those elements of the setting that make a positive contribution to or better reveal the significance of the assets should be treated favourably.
The hotel is within the Town Centre, wherein the Council will seek to maintain and enhance the role of the town centres as the focus of shopping, commercial and social life in the borough and will seek to retain and encourage a mix of uses which contributes to the vitality and viability of these centres.
Policy TC1 of the Local Plan is concerned with development within town centres. Criterion (c) of this policy promotes the provision and retention of hotels and other visitor accommodation. Similarly, Policy LT3 supports the development of new or expanded hotel and guest accommodation in the borough’s main settlements.
Housing applications should be considered in the context of the presumption in favour of sustainable development. Furthermore, the provision of new housing in the Borough is a notable benefit to the Council and will help provide homes for future residents.
The site is within the Thames Basin Heaths and Wealden Heaths Special Protection Area Buffer Zones. Development should not result in a significant effect upon the integrity of the SPA.
The site is within an Area of High Archaeological Potential. The NPPF at paragraph 128 states that where a site on which development is proposed includes or has the potential to include heritage assets with archaeological interest, local planning authorities should require developers to submit an appropriate desk based assessment and, where necessary, a field evaluation.
The site is within an Air Quality Management Area Buffer Zone. Paragraph 124 of the NPPF states that planning decisions should ensure that any new development in AQMAs is consistent with the local air quality action plan.
The proposal is for more than 3 dwelling units and as such the Council’s policy on the size of dwellings will apply (Policy H4).
The NPPF states that the purpose of the planning system is to contribute to the achievement of sustainable development. There are three dimensions to sustainable development: economic, social and environmental. These dimensions give rise to the need for the planning system to perform a number of roles: . an economic role – contributing to building a strong, responsive and competitive economy, by ensuring that sufficient land of the right type is available in the right places and at the right time to support growth and innovation; and by identifying and coordinating development requirements, including the provision of infrastructure; . a social role – supporting strong, vibrant and healthy communities, by providing the supply of housing required to meet the needs of present and future generations; and by creating a high quality built environment, with accessible local services that reflect the community’s needs and support its health, social and cultural well- being; and . an environmental role – contributing to protecting and enhancing our natural, built and historic environment; and, as part of this, helping to improve biodiversity, use natural resources prudently, minimise waste and pollution, and mitigate and adapt to climate change including moving to a low carbon economy.
In terms of building a strong, competitive economy, the NPPF sets out, at paragraph 19, that:
“The Government is committed to ensuring that the planning system does everything it can to support sustainable economic growth. Planning should operate to encourage and not act as an impediment to sustainable growth. Therefore significant weight should be placed on the need to support economic growth through the planning system.
Planning history and comparison with appeal decision and extant scheme
Planning permission was refused under WA/2011/2079, with 4 reasons for refusal given. The principal reason for refusal being development (open market housing) within the Farnham Green Envelope, which is explicitly precluded by Policy TC10 of the Local Plan.
Whist the subsequent planning appeal was dismissed, this was only in relation to ecology matters and a lack of necessary survey work. This planning appeal therefore established the principle for development, and in particular open market housing, within the Green Envelope. The number, layout, spacing, form, design, size and scale of this proposal are a carbon copy of the current application, except for the reduction in number of open market units and the use of the detached building adjacent to the south-western common boundary for hotel accommodation.
Following this appeal decision, planning permission was granted under planning reference WA/2013/0073 for the erection of two detached blocks of hotel accommodation (to the rear of the hotel outside of the Farnham Green Envelope), which, in footprint terms, amounts to broadly that of the current application.
This planning history has therefore established the principle for 4 open market houses in the Farnham Green envelope; a new vehicular access off West Street and associated infrastructure and parking; the enlargement of the main hotel building through extensions and alterations; the erection of detached units of hotel accommodation that would, in combination with the extensions to the hotel, increase the total number of bedrooms to 24 from 18 currently; and the demolition of all single storey flat roofed elements to the rear of the hotel and coach house.
As such, the planning history is highly material in the assessment of the current application.
The test in this case therefore is whether taking into account the planning history the current application is acceptable, having regard to the requirements of the Development Plan, national guidance all other material considerations and the established principles.
Housing and mix
In terms of the layout, size and number of open market units proposed, the principle, as already clarified, was established as part of the 2011 appeal decision.
The NPPF 2012 outlines in paragraph 50 that in order to deliver a wide choice of high quality homes, widen opportunities for home ownership and create sustainable, inclusive and mixed communities, local planning authorities should plan for a mix of housing based on current and future demographic trends; identify the size, type, tenure and range of housing that is required in particular locations, reflecting local demand;
Policy H4 states: “In considering proposals for residential development comprising more than three dwelling units on sites which are acceptable in principle for such development and accord with all other relevant policies of this Plan, the Council will require that: a) at least 50% of all the dwelling units within the proposal shall be 2 bedroomed or less; and, b) not less than 80% of all the dwelling units within the proposal shall be 3 bedroomed or less; and, c) no more than 20% of all the dwelling units in any proposal shall exceed 165 square metres in total gross floor area measured externally, excluding garaging.
The Council’s Strategic Housing Market Assessment 2009 (SHMA) sets out the likely profile of household types. The evidence in the SHMA is more up to date than the Local Plan, however, the profile of households requiring market housing demonstrated in the SHMA at Borough level is broadly in line with the specific requirements of Policy H4.
The proposal would meet with the requirements of Policy H4 given that all four units would be 2 bedroomed.
No objection is therefore raised on this ground.
Expansion of hotel use
The NPPF at paragraph 23 states that Local Planning Authorities should recognise town centres as the heart of their communities and pursue policies to support their viability and vitality.
Policy TC1 of the Local Plan is concerned with development within town centres, with criterion (c) of this policy promoting the provision and retention of hotels and other visitor accommodation.
Policy LT3 of the Local Plan is concerned with visitor accommodation within settlements, supporting the development of new or expanded hotel and guest accommodation in the borough’s main settlements, providing that: a) The scale, character and form of the development are appropriate to the surrounding area and would not be detrimental to residential amenities; b) The development is well located in relation to the main road network and within easy reach of public transport; and c) Access and parking can be provided to a satisfactory standard without adversely affecting the amenities of the locality or the appearance of the site.
Whilst the proposal would increase the number of hotel rooms from 18 currently to 24, the hotel is located within the town centre, which is an appropriate use for this location. Furthermore, the scale of development is considered to be appropriate for the site and the hotel’s central position.
Off street parking would be provided where currently there is none, and the form and design of the proposal would supplement the existing hotel and facilitate the removal of historic, unsightly additions. The impact of the proposal on the amenity of neighbouring occupiers will be considered under the ‘residential amenity’ section of this report.
The provision and expansion of visitor accommodation within settlements and in town centres are explicitly supported by Local Plan Policies TC1 an LT3. With the exception of residential amenity, the proposal would comply with the requirements of these policies.
No objection is therefore raised on this ground.
Listed Building, Conservation Area, Farnham Green Envelope and design considerations
The statutory test for the consideration of applications for Listed Building consent is contained in Section 16 Planning (Listed Buildings and Conservation Area) 1990 Act as follows:
“In considering whether to grant listed building consent for any works the local planning authority or the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural interest which it possesses.”
In terms of assessing impact on the Conservation Area, Section 72 of the same Act states: “In the exercise, with respect to any buildings or other land in a conservation area, of any functions under or by virtue of any of the provisions mentioned in subsection (2), special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area.”
The NPPF at paragraph 133 states that where a proposed development will lead to substantial harm to or total loss of significance of a designated heritage asset, local planning authorities should refuse consent, unless it can be demonstrated that the substantial harm or loss is necessary to achieve substantial public benefits that outweigh the harm or loss.
Paragraph 134 states that where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal, including securing its optimum viable use.
Paragraph 137 states that planning authorities should look for opportunities for new development within the setting of heritage assets to enhance or better reveal their significance. Proposals that preserve those elements of the setting that make a positive contribution to or better reveal the significance of the assets should be treated favourably.
Policies HE3 and HE5 state that where development is proposed that will affect a Listed Building or its setting, high design standards will be sought to ensure that the new development and any internal alterations are appropriate and compatible with the building; proposals will not be permitted if they would harm the building or its setting; and that any proposed works are based upon the full information about the special interest of the building.
This approach is consistent with the detailed assessment contained with the Farnham Conservation Area Appraisal.
The Farnham Design Statement for the area simply reiterates the statutory test for development in Conservation Areas and that of Policy HE8, wherein development must preserve or enhance the character of the Conservation Area.
Officers consider that the proposed buildings to the rear of the hotel would sit well with the historic buildings upon the site without crowding the retained garden space. In addition, these buildings would emphasise the re- established private route through the grounds to the public path beyond.
The historic coach house, which has been unsympathetically altered and adapted over time, would be refurbished and extended (two storey extension to the northern elevation) and given a more practical use and clear function as a gateway to the parking and accommodation beyond, but also a connection to the hotel.
In terms of the hotel, the removal of the various modern flat roofed structures to the rear is a welcomed improvement to the setting of the Listed Building.
Internally, the works are focused on undoing earlier makeshift alterations to the building and, as such, very little of intrinsic historic interest is lost.
The major extensions to the rear of the hotel, subject to conditions, would not materially harm this designated heritage asset.
Officers therefore consider that the development, though the removal of modern unsympathetic additions, the revealing of historic elements and the creation of new additions that complement the architectural merit and historic interest of the building, would enhance this designated heritage asset.
The appeal decision in 2011 found the Farnham Green Envelope to not be ‘demonstrably special’, as required by the NPPF for land to be designated as Local Green Spaces. As such, the weight the Inspector gave to the relevant policy of the local plan relating to the Farnham Green Envelope, Policy TC10, was corresponding limited. In any event, the Inspector concluded, “the area of the Green Envelope that would be affected by the appeal scheme (the same scheme as now before Members) would be small and immediately adjacent to the development boundary. The new buildings would not extend any further south than the existing properties to the east (Kingham Place) and would be on private land, part of which previously contained the hotel open air swimming pool, its pool house and areas of paving.” Furthermore, “the loss of the small area of the appeal site would not jeopardise the wider aim of ensuring that the central area of the town retains a green edge.”
In addition, weight was given by the Inspector to the benefits brought about by the development, such as the removal of modern unsightly additions to the hotel, the provision of parking for the hotel and the open market housing, the financial benefits for the hotel in the medium to long term and the landscaping of the land to the rear of the development and its linkage with the public footpath to the south, with the latter reserved for subsequent approval through a condition.
Ultimately, the Inspector concluded that in taking the positive elements of the development in combination, they were significant enough to outweigh the policy harm (TC10).
The proposal therefore fails to material harm the Farnham Green Envelope and would also, as the Inspector found, preserve the character of the Conservation Area, in accordance with Policy HE8 of the Local Plan and the NPPF. As such, since harm is not considered to be caused, there is no conflict with paragraphs 133 or 134 of the NPPF in respect of responding to substantial or less than substantial harm of the heritage assets.
The corresponding Listed Building application to the 2011 appeal decision was previously granted (WA/2011/2080 - extant) for the extensions and alterations to the envelope of the hotel and coach house. The development currently proposed is set away from the hotel and therefore Listed Building Consent is not required for this element of the proposal.
Residential amenity
The NPPF identifies that within the overarching roles that the planning system ought to play, a set of core land use planning principles should underpin both plan-making and decision making. These 12 principles include that planning should seek to secure a good standard of amenity for all existing and future occupants of land and buildings. These principles are supported by Policies D1 and D4 of the Local Plan and guidance contained within the Council’s SPD for Residential Extensions.
The 2011 5 unit open market housing scheme within the Farnham Green Envelope, whilst dismissed at appeal, identified no harm to the amenity of neighbouring occupiers. Given that the current scheme is no different to this scheme in terms of layout, spot heights, window positions and spacing to the boundaries, and, there has been no material change in site circumstances since this time, no objection is raised on this ground.
To clarify, the building containing units 3 and 4 would be 5m, at its closest, from the common boundary with the properties of Kingham Place to the east and 17m from the properties themselves. There is a change in levels of approximately 600 – 750mm between units 3 & 4 and the rear gardens of these properties. Furthermore, the eaves height of the building in this elevation is at a 1 ½ storey height, which reduces the bulk of the building when viewed from the east. In combination, officers are satisfied that the development would not harm the amenity of neighbouring occupiers. A condition would again be recommended if permission is granted to control the insertion of any new windows at first floor level in the rear east elevation of units 3 and 4.
In terms of the extensions to the hotel, adjacent to the site to the southwest is a car park serving the library. The adjacent property to the northeast is an independent dwellinghouse; however, when a 45o line is taken from the closet edge of nearest first floor window, the development (rear two storey extension to the hotel) fails to break this line. As such, and in line with the Council’s SPD for Residential Extensions, the development would not result in a material loss of light to the room served by this window.
As such, it is considered that the proposed development would not have a materially detrimental impact on the residential amenities of neighbouring dwellings, in accordance with the NPPF and Policies D1 and D4 of the Local Plan 2002.
Highway considerations and parking
The NPPF states that development should be located and designed where practical to create safe and secure layouts which minimise conflicts between traffic and pedestrians. Policies M2 and M4 of the Local Plan requires developments to provide safe access for pedestrians and road users, and include safe, convenient and attractively designed pedestrian routes linking to existing or proposed pedestrian networks, public open space, local facilities and amenities or, public transport.
The County Highway Authority has no requirements from a highway safety, capacity or policy perspective subject to the inclusion of conditions if permission is granted to capture the following matters: . Details of the priority access arrangement shown on drawing No. 2013/1814/001. . No development until parking arrangements have been provided. . Details of proposed modifications to existing access to West Street and the right turn lane to The Hart. . Details of pedestrian visibility at the existing access to West Street. . Method of Construction Statement. . Details of facilities to keep the public highway clean; and . Provision of cycle storage.
In terms of parking, both the Surrey Vehicular and Cycle Parking Guidelines and the adopted Waverley Parking Guidelines indicate that a new hotel facility should provide 1.5 car parking spaces per bedroom. Given that the hotel currently provides no car parking, the provision of 9 car parking spaces as part of the current development is considered appropriate given the constrained nature of the site. The level of parking provision for the 4 units of open market housing exceeds the detailed guidelines. The County Highway Authority has raised no objection to the development on the basis of parking provision.
Arboricultural considerations
The NPPF states that planning permission should be refused for development resulting in the loss or deterioration of aged or veteran trees found outside woodland, unless the need for, and benefits of, the development clearly outweigh the loss. Policies D6 and D7 broadly support the aims of the NPPF stating that the Council will protect significant trees and groups of trees and hedgerows through planning control.
The Council’s Tree and Landscape Officer has been consulted as part of the current application. Subject to inclusion of conditions, should permission be granted, no objection is raised.
Biodiversity and compliance with Habitat Regulations 2010
The NPPF states that the Planning System should contribute to and enhance the natural and local environment by minimising impacts upon biodiversity and providing net gains in biodiversity where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures.
When determining planning applications, local planning authorities should aim to conserve and enhance biodiversity by applying the following principles: . If significant harm resulting from a development cannot be avoided, adequately mitigated, or, as a last resort, compensated for, then planning permission should be refused.
In addition, Circular 06/2005 states ‘it is essential that the presence or otherwise of protected species and the extent that they may be affected by the proposed development, is established before planning permission is granted.’
Surrey Wildlife Trust has been consulted as part of the application as the Council’s technical experts on ecology matters. The Trust advises that the Bat Survey Report by Wychwood Environmental dated July 2013 in support of the application provides sufficient information for the Local Planning Authority to be able to asses the potential status of protected species and the proposed development and the likely effect of the development on them.
Subject to a condition requiring the applicant carry out all the Recommended actions in section 4.0 of the submitted Report (with particular reference to the need to obtain a European Protected Species Licence from Natural England following the granting of permission and prior to any works), no objection is raised on this ground.
Archaeological considerations
The site is within an Area of High Archaeological Potential.
The NPPF at paragraph 128 states that where a site on which development is proposed includes or has the potential to include heritage assets with archaeological interest, local planning authorities should require developers to submit an appropriate desk based assessment and, where necessary, a field evaluation.
The submitted Heritage Statement provides an assessment that concludes that further archaeological fieldwork would be required, in the form of an archaeological evaluation, in order to fully assess the sites potential for buried material. The County Archaeologist has been consulted as part of the application and shares the conclusions reached as part of the submitted assessment.
As such, no objection is raised subject to a condition should permission be granted.
Air Quality
The site is within Farnham Air Quality Management Area (AQMA) Buffer Zone. The Council’s Air Quality Officer has been consulted but has raised no objection, subject to the inclusion of conditions to control the following matters should permission be granted: . A programme for the suppression of mud, grit and dust during the deconstruction and construction phases; and . Hours of construction.
Effect on SPA
Having regard to the distance to the Wealden Heaths SPA and the standing advice from Natural England, it is considered that there would be no likely significant effect on this SPA due to the availability of alternative recreational opportunities in the area to divert people from its use. An appropriate assessment is not, therefore, required.
The proposal is within 5km of the Thames Basin Heaths SPA and therefore, in combination with other development, could have a potentially significant effect on the SPA. The applicant has provided a Section 106 Agreement to secure the provision of a financial contribution (£32, 651.52), in line with the Council’s Avoidance Strategy, as a means of avoiding causing significant effect upon the conservation interests of the SPA.
The relevant undertaking has been completed, and, as such, it is considered that the proposal would not result in a significant effect upon the integrity of the SPA. An appropriate assessment is not, therefore, required.
Infrastructure Tariff
Policy D13 of the Local Plan states that “development will only be permitted where adequate infrastructure, services and facilities are available, or where the developer has made suitable arrangements for the provision of the infrastructure, services and facilities directly made necessary by the proposed development. The Council will have regard to the cumulative impact of development, and developers may be required to contribute jointly to necessary infrastructure improvements”. Local Plan Policy D14 goes on to set out the principles behind the negotiation of planning obligations required in connection with particular forms of new development. These have now been superseded to a certain extent by paragraphs 203-205 of the NPPF and the Community Infrastructure Levy Regulations 2010.
The three tests as set out in Regulation 122(2) require S106 agreements to be: . Necessary to make the development acceptable in planning terms; . Directly related to the development; and . Fairly and reasonably related in scale and kind to the development.
As such, the requirement for the s106 agreement meets the three tests set out above and with a s106 agreement in place, the proposed development would be acceptable in planning terms. The relevant undertaking securing the required contribution (£34,284.10) has been executed and therefore the development would, in line with Policies D13 and D14, sufficiently mitigate for its impact on local infrastructure.
Climate change
Policy D3 of the Local Plan states that where development is acceptable in principle, the Council will encourage environmentally innovative schemes which conserve energy, and water, through design and layout, and minimise the use of non renewable resources through the re-use or recycling of previously developed land, buildings and materials.
The NPPF at paragraph 97 states that to help increase the use and supply of renewable and low carbon energy, local planning authorities should recognise the responsibility on all communities to contribute to energy generation from renewable or local carbon sources.
The Local Plan does not require this type of development to include renewable energy technologies. Moreover, the lack of any policy backing in this regard prevents conditions being added to require this.
Crime and disorder
S17(1) of the Crime and Disorder Act 1998 places a duty to consider crime and disorder implications on local authorities. In exercising its various functions, each authority should have due regard to the likely effect of those functions on, and the need to do all that it can to prevent, crime and disorder in its area. This requirement is reflected in the National Planning Policy Framework, which states that planning policies and decisions should promote safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion.
Point 3 of paragraph 69 of the NPPF requires Local Authorities to promote safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion.
The proposal would open up the site, for public access, from the north and south, which would bring with it natural surveillance opportunities and the removal of derelict buildings and dark enclaves. With these enhancements in mind, it is considered that the proposed works would not lead to crime and disorder in the local community and would accord with the requirements of the NPPF.
Water Frameworks Regulations
The European Water Framework Directive came into force in December 2000 and became part of UK Law in December 2003. It gives us an opportunity to plan and deliver a better water environment, focusing on ecology. It is designed to:
. enhance the status and prevent further deterioration of aquatic ecosystems and associated wetlands which depend on the aquatic ecosystems . promote the sustainable use of water . reduce pollution of water, especially by ‘priority’ and ‘priority hazardous’ substances . ensure progressive reduction of groundwater pollution.
The proposal would not conflict with these regulations.
Accessibility and Equalities Act 2010 Implications
Policy D9 of the Waverley Borough Local Plan 2002 encourages and seeks provision for accessibility for everyone, including people with disabilities, to new development involving buildings or spaces to which the public have access. Officers consider the proposal complies with this policy. A full assessment against the relevant Building Regulations would be captured under a separate assessment should permission be granted. From the 1st October 2010, the Equality Act replaced most of the Disability Discrimination Act (DDA). The Equality Act 2010 aims to protect disabled people and prevent disability discrimination. Officers consider the proposal would not discriminate against disability, with particular regard to access.
Human Rights Implications
It is considered there would be no human rights implications arising from the proposal.
Environmental Impact Regulations 2011
The proposal is not considered to be EIA development under either Schedule 1 or 2 of the EIA Impact Regulations 2011 or a variation/amendment of a previous EIA development nor taken in conjunction with other development that is likely to have a significant environmental effect.
Article 2(3) Development Management Procedure (Amendment) Order 2012 Working in a positive/proactive manner
In assessing this application, officers have worked with the applicant in a positive and proactive manner consistent with the requirements of paragraphs 186-187 of the NPPF. This included the following:-
a) Have proactively communicated with the applicant through the process to advise progress, timescales or recommendation.
Representations and Town Council comments
The letters of representation raising objection to the development have been noted and carefully considered in the assessment of the application.
The points raised in respect of residential amenity have been addressed in the body of the report. In respect of the 2011 appeal, the Inspector found that the impact upon the amenity of neighbouring occupiers would be acceptable. In regards to the specific points about highway and pedestrian safety, the County Highway Authority has been consulted but has raised no objection, subject to conditions, to the development from a highway safety, capacity or policy perspective. The remaining points raised are either addressed in the above report or are not considered to be material in the assessment of the application.
At the time of writing the report officers were seeking clarification from Farnham Town Council on the comments received. An oral report will therefore be made to the meeting.
Conclusion
Whilst the proposal includes development to be sited within the Farnham Green Envelope, the 2011 appeal decision established that since no objection was raised on that ground this element is acceptable.
Housing applications should be considered in the context of the presumption in favour of sustainable development such as this, wherein housing is proposed in a Town Centre location. Furthermore, the provision of new housing in the Borough is a notable benefit to the Council and will help provide homes for future residents.
The proposal would provide an appropriately designed extension and enlargement of an existing hotel, which would be beneficial to the local economy and contribute to the vitality of the Town Centre.
The proposal would satisfactorily preserve the setting of the Listed Building and would preserve the character of the Conservation Area. The loss of the small area of the land within the Green Envelope would not jeopardise the wider aim of ensuring that the central area of the town retains a green edge.
The development would not cause material harm to the amenities of neighbouring occupiers.
The development would not harm European Protected Species, subject to inclusion of conditions if permission is granted.
The County Highway Authority has raised no objection to the development, subject to conditions.
No other harm has been identified so as to warrant refusal in the public interest. The conclusion is therefore that the proposal could be supported.
Recommendation
That permission be GRANTED subject to the following conditions:
1. Condition Before commencement of development, the priority access arrangement shown on RGP Drawing No. 2013/1814/011 dated July 2013 shall be provided and thereafter permanently maintained.
Reason In order that the development should not prejudice highway safety, nor cause inconvenience to other highway users, and to accord with the National Planning Policy Framework March 2012 and Policy M2 of the Waverley Borough Local Plan 2002.
2. Condition No new development shall be occupied until the signage for each of the proposed five car parking spaces for residential use and nine car parking spaces for hotel guests as shown on MPB Architects Plan No. 255-A-BP-01 have been provided in accordance with a scheme to be submitted to and approved in writing with the Local Planning Authority after consultation with the Highway Authority. The respective parking spaces shall be used and retained exclusively for their designated purpose.
Reason In order that the development should not prejudice highway safety, nor cause inconvenience to other highway users, and to accord with the National Planning Policy Framework March 2012 and Policy M2 of the Waverley Borough Local Plan 2002.
3. Condition Before any other operations are commenced details of proposed modifications to the existing access to West Street and the right turn lane to The Hart as shown on the RGP Drawing No. 2013/1814/001 dated July 2013 shall be submitted to and approved in writing by the Local Planning Authority after consultation with the County Highway Authority. Details to include carriageway markings and the approved details shall be provided before commencement of development and thereafter permanently retained.
Reason In order that the development should not prejudice highway safety, nor cause inconvenience to other highway users, and to accord with the National Planning Policy Framework March 2012 and Policy M2 of the Waverley Borough Local Plan 2002.
4. Condition Before any other operations are commenced details of pedestrian visibility at the existing access to West Street shall be submitted to and approved in writing by the Local Planning Authority after consultation with the County Highway Authority. The approved details shall be provided before commencement of development in accordance with the approved scheme and thereafter permanently retained.
Reason In order that the development should not prejudice highway safety, nor cause inconvenience to other highway users, and to accord with the National Planning Policy Framework March 2012 and Policy M2 of the Waverley Borough Local Plan 2002.
5. Condition No development shall start until a Method of Construction Statement, to include details of: (a) parking for vehicles of site personnel, operatives and visitors (b) loading and unloading of plant and materials (c) storage of plant and materials
has been submitted to and approved in writing by the Local Planning Authority. Only the approved details shall be implemented during the construction period.
Reason In order that the development should not prejudice highway safety, nor cause inconvenience to other highway users, and to accord with the National Planning Policy Framework March 2012 and Policy M2 of the Waverley Borough Local Plan 2002.
6. Condition Before any of the operations which involve the movement of materials in bulk to or from the site are commenced, facilities shall be provided as must be agreed with the Local Planning Authority, in order that the operator can make all reasonable efforts to keep the public highway clean and prevent the creation of a dangerous surface on the public highway. The agreed measures shall thereafter be retained and used whenever the said operations are carried out.
Reason In order that the development should not prejudice highway safety, nor cause inconvenience to other highway users, and to accord with the National Planning Policy Framework March 2012 and Policy M2 of the Waverley Borough Local Plan 2002.
7. Condition No new development shall be occupied until space has been laid out within the site in accordance with the approved plans to provide secure cycle parking to the satisfaction of the Local Planning Authority in consultation with the County Highway Authority and shall thereafter be permanently maintained.
Reason In order that the development should not prejudice highway safety, nor cause inconvenience to other highway users, and to accord with the National Planning Policy Framework March 2012 and Policy M2 of the Waverley Borough Local Plan 2002.
8. Condition No development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority.
Reason The site is within an Area of High Archaeological Potential and it is important that the archaeological information should be preserved as a record before it is destroyed by the development in accordance with Policy HE14 of the Waverley Borough Local Plan 2002.
9. Condition The development shall be carried out in strict accordance with the recommended actions in section 4.0 of the submitted report by Wychwood Environmental (July 2013) and in particular the need to obtain a European Protected Species Licence from Natural England following the granting of permission and prior to any works.
Reason To ensure that protected species under Schedules 1 and 5 of the Wildlife and Countryside Act 1981 and their roosts are not endangered by the development in accordance with Policy D5 of the Waverley Borough Local Plan 2002.
10. Condition Prior to the commencement of any works which may affect bats and or their habitats, a detailed mitigation and monitoring strategy should be submitted to, and approved in writing by the Local Planning Authority. All works should then proceed in accordance with the approved strategy with any amendments agreed in writing.
Reason To ensure that protected species under Schedules 1 and 5 of the Wildlife and Countryside Act 1981 and their roosts are not endangered by the development in accordance with Policy D5 of the Waverley Borough Local Plan 2002.
11. Condition Notwithstanding details already submitted with the application, no development, including demolition works, shall start on site until an Arboricultural Method Statement (AMS) detailing low impact methods of demolition and construction and other tree protection measures within the root protection area (RPA) of all retained trees, has been submitted to and approved in writing by the local Planning Authority.
Reason To adequately protect the retained trees subject from development harm and to provide for their amenity contribution to the character of the Conservation Area thereafter, in accordance with Policies D7 and HE8 of the Waverley Borough Local Plan 2002.
12. Condition Prior to commencement of any works on site, demolition or other development activities, a scheme of tree protection (in line with BS 5837:2012 Trees in relation to design, demolition and construction - Recommendations) shall be submitted to and agreed by the Local Planning Authority in writing. Where relevant, such scheme shall also take "off site" trees into consideration. The Local Authority Tree and Landscape Officer shall be informed of the proposed commencement date a minimum of two weeks prior to that date to allow inspection of protection measures before commencement. The agreed protection to be kept in position throughout the development period until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without written consent of the Local Planning Authority.
Reason To adequately protect the retained trees subject from development harm and to provide for their amenity contribution to the character of the Conservation Area thereafter, in accordance with Policies D7 and HE8 of the Waverley Borough Local Plan 2002.
13. Condition Before work begins, cross sections/details indicating the proposed finished ground levels, surface materials including sub-base and depth of construction and method/materials used for edging, within protected zone around retained trees shall be submitted and approved in writing by the Local Planning Authority.
Reason To adequately protect the retained trees subject from development harm and to provide for their amenity contribution to the character of the Conservation Area thereafter, in accordance with Policies D7 and HE8 of the Waverley Borough Local Plan 2002.
14. Condition Prior to commencement of any works on site, details of any services to be provided or repaired including drains and soakaways, on or to the site, shall be submitted to and approved by the Local Planning Authority in writing and shall be carried out as shown. This requirement is in addition to any submission under the Building Regulations. Any amendments to be agreed with the Local Planning Authority in writing.
Reason To adequately protect the retained trees subject from development harm and to provide for their amenity contribution to the character of the Conservation Area thereafter, in accordance with Policies D7 and HE8 of the Waverley Borough Local Plan 2002.
15. Condition The detached unit of hotel accommodation providing 6 bedrooms hereby approved shall not be used other than for purposes of uses within Class C1 (hotels, boarding houses and guest houses) of the Town and Country Planning Act 1987 (As amended) unless otherwise first agreed in writing by the Local Planning Authority.
Reason In the interests of ensuring the development adequately mitigates against impact upon local infrastructure, the integrity of the SPA, amenity and to accord with Policies D1, D4, D5, D13 and D14 of the Waverley Borough Local Plan 2002.
16. Condition Before any work begins on site, a detailed landscaping scheme together with a programme for implementation shall be submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall include, but not be confined to, proposals for the visual and physical containment of the proposed garden area immediately to the rear of the hotel. The development shall be carried out in strict accordance with the approved plans.
Reason To ensure that special regard is paid to the interests of protecting the special character and architectural integrity of the building under Section 16 of the Planning (Listed Buildings and Conservation Areas) Act 1990, Policies HE3 and HE5 of the Waverley Borough Local Plan 2002.
17. Condition Before any work begins on site, the following details must be approved in writing by the local planning authority. The works must not be executed other than in complete accordance with these approved details:
a) Drawings to a scale not smaller than 1:5 fully describing: i. Windows, rooflights and external doors. These drawings must show:
materials decorative/protective finish cross section of frame, transom, mullions, glazing bars, etc formation of openings including reveals, heads, sills, arches, lintels, dormer construction, etc method of opening method of glazing
ii. Roof details including sections through: roof ridge, hips, valleys, verges, flat roof perimeters, parapets
b) Specification of brickwork including material, colour, texture, face bond, components of the mortar, and jointing/pointing profile.
c) Samples or specifications of external materials and surface finishes.
Reason To ensure that special regard is paid to the interests of protecting the special character and architectural integrity of the building under Section 16 of the Planning (Listed Buildings and Conservation Areas) Act 1990, Policies HE3 and HE5 of the Waverley Borough Local Plan 2002.
18. Condition Rainwater goods (including gutters, down pipes and hopperheads) and external soil pipes on historic structures, including extensions thereto, shall be of cast iron.
Reason To ensure that special regard is paid to the interests of protecting the special character and architectural integrity of the building under Section 16 of the Planning (Listed Buildings and Conservation Areas) Act 1990, Policies HE3 and HE5 of the Waverley Borough Local Plan 2002.
19. Condition Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no windows or other openings other than those expressly authorised by this permission shall be constructed at first floor level or above in the rear northeast elevation of units 3 and 4 without the written permission of the Local Planning Authority.
Reason Having regard to the relationship with neighbouring occupiers and to accord with Policies D1 and D4 of the Waverley Borough Local Plan 2002.
20. Condition Prior to the commencement of development a Site Management Plan for the suppression of mud, grit, dust and other emissions during both the deconstruction and construction phase should be submitted to and approved in writing by the Local Planning Authority.
Reason Having regard to the relationship with neighbouring occupiers and in the interest of their amenity, in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002.
21. Condition No development shall take place until samples and or details of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.
Reason In the interest of the amenities of the area, in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002.
22. Condition No development shall take place until details of all proposed screen walls or fences, or other means of enclosure, have been submitted to and approved by the Local Planning Authority.
Reason In the interest of the amenities of the area, in accordance with Policies D1, D4 and HE8 of the Waverley Borough Local Plan 2002.
23. Condition The plans to which the decision relates are 255-A-LP-00, 255-A-P-00, 255-A- P-01, 255-A-P-02, 255.022A, 255-A-P-06, 255-A-P-08, 255-A-P-09, 255-A-E- 00A, 255-A-E-01, 255-A-E-02, 255-A-E-03, 255-A-E-04, 255-A-E-05, 255-A- E-06, 255-A-BP-00, 255-A-BP-01, 255-A-BP-02, 255-A-BP-02, 255-A-P-02, 255-A-P-04, 255-A-P-05, 255-A-P-07, 7629/01 Rev A and 7692/02 Rev C. The development shall be carried out in accordance with the approved plans. No material variation from these plans shall take place unless otherwise agreed in writing by 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 Policies D1 and D4 of the Waverley Borough Local Plan 2002.
24. Condition There shall be no building works in relation to the development hereby permitted outside of the hours of 08:00 - 18:00 Mondays to Fridays and 09:00 - 13:00 on Saturdays. Building work shall not take place on Saturday afternoons, Sundays or Bank Holidays.
Reason To protect the amenities of neighbouring occupiers and to accord with Policies D1 and D4 of the Waverley Borough Local Plan 2002.
Informatives
1. ''IMPORTANT'' This planning permission contains certain conditions precedent that state 'before development commences' or 'prior to commencement of any development' (or similar). As a result these must be discharged prior to ANY development activity taking place on site. Commencement of development without having complied with these conditions will make any development unauthorised and possibly subject to enforcement action such as a Stop Notice. If the conditions have not been subsequently satisfactorily discharged within the time allowed to implement the permission then the development will remain unauthorised.
2. There is a fee for requests to discharge a condition on a planning consent. The fee payable is £97.00 or a reduced rate of £28.00 for household applications. The fee is charged per written request not per condition to be discharged. A Conditions Discharge form is available and can be downloaded from our web site.
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.
3. The permission hereby granted shall not be construed as authority to obstruct the public highway by the erection of scaffolding, hoarding or any other device or apparatus for which a licence must be sought from the Highway Authority Local Highway Service Group.
4. The permission hereby granted shall not be construed as authority to carry out works on the highway or any works that may affect a drainage channel/culvert or water course. The applicant is advised that a S278 agreement with Surrey County Council must be ontained before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway. The applicant is also advised that Consent may be required under Section 23 of the Land Drainage Act 1991. Please see www.surreycc.gov.uk/people-and-community/emergency-planning-and- community-safety/flooding-advice
5. The developer is reminded that it is an offence to allow materials to be carried from the site and deposited on or damage the highway from uncleaned wheels or badly loaded vehicles. The Highway Authority will seek, wherever possible, to recover any expenses incurred in clearing, cleaning or repairing highway surfaces and prosecutes persistent offenders. (Highways Act 1980 Sections 131, 148, 149).
6. The applicant is advised that as part of the detailed design of the highway works required by the above condition No. 1, the County Highway Authority may require necessary accommodation works to street lights, road signs, road markings, highway drainage, surface covers, street trees, highway verges, highway surfaces, surface edge restraints and any other street furniture/equipment.
7. The attention of the application is drawn to the requirements of Section 60 of the Control of Pollution Act 1974 in respect of the minimisation of noise on construction and demolition sites. Application, under Section 61 of the Act, for prior consent to the works, can be made to the Environment Protection Team of the Council.
8. The Local Planning Authority shall be informed, in writing (for the attention of the Planning Obligations Officer), of the proposed commencement date of development a minimum of 14 days prior to that commencement date, in accordance with Section 4.1.2 of the Unilateral Undertaking.
9. The Council confirms that in assessing this planning application it has worked with the applicant in a positive and proactive way, in line with the requirements of paragraph 186-187 of the National Planning Policy Framework 2012.
A3 WA/2013/0612 Erection of 4 dwellings with integral garages B Foster following demolition of existing dwelling at ABL Structural Projects Ltd Applegarth, 8 Brooklands Close, Farnham GU9 08/04/2013 9BT (As amended by Surface Water Drainage Strategy Report received 22 May 2013 and by Block Plan and Site Plan received11.10.13).
Committee: Western Area Meeting Date: 30/10/2013
Public Notice Was Public Notice required and posted: YES
Grid Reference: E: 484965 N: 149217
Town : Farnham Ward : Farnham Hale and Heath End Case Officer: Linda Smitherman
8 Week Expiry Date 03/06/2013 Neighbour Notification Expiry Date 17/05/2013
RECOMMENDATION That, subject to conditions, permission be GRANTED
Introduction
This application has been brought before the Area Committee because as it is a proposal for four dwellings, it falls outside of the scheme of delegation.
Location Plan
Site Description
The application site measures 0.17 of a hectare and is located in Brooklands Close on its east side. The site is a wide rectangular large plot of land with a detached two storey residential dwellings located towards the south corner of the site and has detached single storey garage to the side of the dwelling on the west boundary of the site. The site has vehicular and pedestrian access from Brooklands Close. The site is bound to the sides and rear by the curtilage of residential properties and there are residential properties on the opposite side of the Close. The area is predominantly residential in character and appearance. Pedestrian and vehicle access are gained from Brooklands Close.
Proposal
Planning permission is sought for the erection of 4 detached dwellings with integral garages and further space for off-street parking. The proposal will involve the demolition of the existing dwelling and garage and would utilise the existing vehicle and pedestrian site access onto Brooklands Close.
The proposal would retain the existing vehicular access into the site. The proposed dwellings would be sited broadly in line between numbers 6 and 10 Brooklands Close.
In this road, for four dwellings, all dwellings would have an integral garage, together with parking on the site frontage. Since the original submission, an additional 2 spaces have been provided to increase the provision from 4 to 6 spaces, therefore providing a total of 10 spaces to serve the 4 dwellings.
Site Plan
Street Scene
House 1: Floor plans and roof plan
House 1: Elevations and section
House 2: Floor Plans and roof plan
House 2: Elevations and section
House 3: Floor Plans and Roof Plan
House 3: Elevations and Section
House 4: Floor Plans and Roof Plan
House 4: Elevations and Section
Relevant Planning History
WA/2007/2737 Erection of 5 new dwellings comprising a Refused terrace of 3 dwellings together with 2 12/05/2008 detached dwellings following demolition of existing dwelling. WA/2007/1589 Erection of 6 new dwellings comprising a Refused terrace of 4 dwellings together with 2 06/09/2007 detached dwellings following demolition of existing dwelling. WA/2006/0467 Erection of a terrace of 4 dwellings together Refused with 2 detached dwellings with associated 24/04/2006 parking following demolition of existing dwelling. WA/1995/0808 Erection of a prefabricated garage following Full demolition of existing garage. Permission 25/07/1995
Planning Policy Constraints
Developed Area of Farnham Thames Basin Heath SPA 5km Buffer Zone
Development Plan Policies and Proposals
Policies D1, D4, D5, D6, D7, D8, D9, D13, D14, H4, H10, M1, M14 of the Waverley Borough Local Plan 2002
Policy NRM6 of the South East Plan 2009.
The South East Plan 2009 was the Regional Spatial Strategy (RSS) for the South East region, the Plan was revoked on March 2013 except for Policy NRM6: Thames Basin Heaths Special Protection Area. This Policy remains in force.
Other guidance:
The National Planning Policy Framework 2012 (NPPF) Farnham Design Statement 2010 Waverley Borough Council Parking Guidelines 2013 Surrey County Council Vehicular and Cycle Parking Guidance 2012
Consultations and Town/Parish Council Comments
County Highway Authority No objection raised subject to conditions
Farnham Town Council Approved after consideration and on the condition that the proposed dwellings are in line with the particulars of the Farnham Design Statement.
Natural England No comments to make as long as the applicant complies with the Thames Basin Heaths SPA Avoidance Strategy.
Environment Agency We are pleased to see that the applicant has incorporated the use of Sustainable Drainage Systems within this proposal.
There is a tertiary watercourse. SCC enforces a 5 metre buffer zone from the top of the bank to any hard development.
This application fits within the “lower risk” category of development proposals and Flood Risk Standing Advice is referred to.
Surrey Wildlife Trust The Trust advises that Arbtech’s Ecological Walkover Survey dated 20 March 2013 provides a satisfactory indication of the status of protected and important species on the proposed development site and the likely effect of the development on them. Recommendations are made in respect of bats passing through the site and trees being retained as detailed in the Arboricultural Assessment dated 4 January 2013. Opportunities to restore or enhance biodiversity are also raised.
The Council’s Environmental No objection subject to conditions including a Health Air Quality Officer site management plan
Representations
11 letters have been received raising objection and 1 letter received expressing support on the following grounds:
Points of Objection:
Over development Inadequate parking provision Would exacerbate existing on-street parking conditions Would obstruct emergency and refuse vehicles Garages will not be used
Points in Support:
Most acceptable of recent applications. In keeping with the area Adequate space for construction Short term disruption caused by construction
Determining Issues
Principle of development Planning history Policy H4 and mix of dwellings Impact of layout, scale, form, design on character and visual amenity
Impact on trees Impact on residential amenity Highways and Parking Refuse and recycling Flooding and drainage Crime and disorder Financial considerations Climate change and sustainability Biodiversity and compliance with Habitat Regulations 2010 Planning Infrastructure Contributions Effect on the Thames Basin Heaths SPA Water Frameworks Regulations 2011 Accessibility and Equalities Act 2010 Implications Human Rights Implications Environmental Impact Regulations 2011 Article 2(3) Development Management Procedure (Amendment) Order 2012 Working in a positive/proactive manner
Planning Considerations
Principle of development
On the 27 March 2012, the Government adopted its National Planning Policy Framework (NPPF). This document superseded the majority of previous national planning policy guidance/statements (with the exception of PPS10: Planning for Sustainable Waste Management) and condensed their contents into a single planning document. Section 38(6) of the Planning and Compulsory Purchase Act 2004, still requires all applications for planning permission to be determined in accordance with the Development Plan, unless material considerations indicate otherwise. The Waverley Borough Local Plan 2002 therefore remains the starting point for the assessment of this proposal.
The NPPF is a material consideration in the determination of this case. Paragraph 215 of the NPPF makes clear that where a local authority does not possess a development plan adopted since 2004, due weight may only be given to relevant policies in existing plans according to their degree of consistency with the NPPF. In this instance, the relevant Local Plan policies possess a good degree of conformity with the requirements of the NPPF. As such, considerable weight may still be given to the requirements of the Local Plan.
Paragraph 17 of the National Planning Policy Framework 2012 outlines the overarching roles that the planning system ought to play. A set of 12 core
planning principles are set out which should underpin both plan-making and decision-taking, which, inter alia, encourages the effective use of land by re- using land that has been previously developed. The Framework defines previously developed land (PDL) as ‘…land which is or was occupied by a permanent structure, including the curtilage of the developed land (although it should not be assumed that the whole of the curtilage should be developed and any associated fixed surface infrastructure.’
The site is located within the developed area of Farnham wherein development may be considered acceptable subject to its impact on visual and residential amenities.
Planning History
Permission WA/2006/0467 comprised the erection of a terrace of 4 dwellings together with 2 detached dwellings with associated parking. The proposal was designed in a form which lacked design merit. The Local Planning Authority was unable to conclude that the proposal would not adversely affect the integrity of the Thames Basin Heaths SPA.
Permission was refused under reference WA/2007/1589 for the erection of 6 new dwellings comprising a terrace of 3 dwellings together with 2 detached dwellings. The Council considered that the proposal did not overcome the concerns and reasons for refusal outlined in WA/2006/0467.
Permission was granted for the erection of 5 new dwellings comprising a terrace of 3 dwellings together with 2 detached dwellings under reference WA/2007/2737. The proposal was considered to present a development scheme with an unacceptable parking layout and to feature a terraced block of a design and scale which failed to harmonise with the character and visual amenity of the locality. In addition this scheme failed to demonstrate that surface water drainage could be adequately dealt with so that it would not have a detrimental impact on neighbouring properties.
In respect of these 3 previous proposals these involved the erection of 5 or 6 dwellings in the form of a terrace and two detached dwellings. In all 3 cases the entirety of the site frontage was given over to parking and turning. Therefore, the current proposal proposes a further reduction in the number of dwellings and overall scale of residential development on this site. In addition, the current proposal results in a reduction in the amount of car parking.
The planning history is a material consideration in the determination of the current application. The test for Members is whether taking into account the
changes that have been made, the current proposal is acceptable on its own merits.
Policy H4 and mix of dwellings
The NPPF states that in order to deliver a wide choice of high quality homes, widen opportunities for home ownership and create sustainable, inclusive and mixed communities, local planning authorities should plan for a mix of housing based on current and future demographic trends; identify the size, type, tenure and range of housing that are required in particular locations, reflecting local demand; and where it is identified that affordable housing is needed, set policies for meeting this need on site, unless off-site provision or a financial contribution can be robustly justified.
Policy H4 of the Local Plan 2002, in respect of housing mix, is considered to be broadly consistent with the approach in the NPPF. It outlines the Council’s requirements for mix as follows: a) at least 50% of all the dwelling units within the proposal shall be 2 bedroomed or less; and, b) not less than 80% of all the dwelling units within the proposal shall be 3 bedroomed or less; and, c) no more than 20% of all the dwelling units in any proposal shall exceed 165 square metres in total gross floor area measured externally, excluding garaging.
The Council’s Strategic Housing Market Assessment 2009 (SHMA) provides an updated likely profile of household types within Waverley. The evidence in the SHMA is more up to date than the Local Plan, however, the profile of households requiring market housing demonstrated in the SHMA at Borough level is broadly in line with the specific requirements of Policy H4.
The density element of Policy H4 has been superseded by guidance in the NPPF which states that to boost significantly the supply of housing, local planning authorities should set their own approach to housing density to reflect local circumstances.
The scheme is for 4 three-bed dwellings. Technically there is a conflict with Policy H4 of the Local Plan, which indicates that on sites where more than three dwellings are being provided, not less than 50% should have 2 bedrooms or less and not less than 80% should have three bedrooms or less. In order to comply strictly with the policy the scheme would have to have 50% of dwellings with 2 bedrooms or less.
However, the broad thrust of the NPPF is that we plan positively for new development and, in particular, support the delivery of new homes.
The scheme appears to fit reasonably well with the pattern of development locally.
The scheme is only just above the minimum threshold for applying Policy H4. As it only contains four dwellings there is less scope to provide a mixed scheme containing a variety of different sizes and tenures of dwellings.
The latest evidence from the draft SHMA October 2013 indicates that overall the greatest market demand for housing is likely to be for three bedrooms, although there is still expected to be a healthy demand for smaller units as well.
Overall, in the light of the above-mentioned points, it is considered that the scheme should not be refused on the basis of the technical conflict with Policy H4 related to mix of dwellings and the mix proposed represents the most up to date picture of demand for the area.
Impact of layout, scale form, design on character and visual amenity
The NPPF attaches great importance to the design of the built environment as a key part of sustainable development. Although planning policies and decisions should not attempt to impose architectural styles or particular tastes, they should seek to promote or reinforce local distinctiveness. Policies D1 and D4 of the Local Plan 2002 accord with the NPPF in requiring development to have high quality design and to be well related in size, scale and character to its surroundings.
The Farnham Design Statement in relation to Hale and Heath End states that new development should reflect the pattern of existing houses and that further infill development should be discouraged where it is considered to harm the character of the area; new development should reflect the surrounding area in terms of scale, mass and bulk and sits well in the streetscene; and that space around development is of much significance as its architecture.
The proposal for 4 detached two storey dwellings and retains the access, hedge and principal trees at the boundary fronting Brooklands Close and the hedging and trees create a screening effect for the access way to garages which is of benefit to the development.
The layout makes a transition from the chalet semi detached bungalows with narrow side spaces on the same side of the road to the north-west, to the
detached two storey houses immediately to the south east. Sidespaces between the proposed dwellings are narrow, at 2 metres between dwellings and 2.4 metres to the neighbouring dwelling to the north west and 1.8 metres to the neighbour to the south east. Consideration was given to whether the proposal represents an overdevelopment of the site, but, on balance, and given the narrow side spaces to the north-west, between existing dwellings, they are considered to be acceptable.
Front building lines line up between the neighbour at no. 10 and the neighbour at no. 6.
The car parking layout is also acceptable, with the access drive to individual parking bays and garages largely hidden by hedging and trees to the front boundary.
The height of the rooflines at 7.3 and 7.4 metres (to the ridge) will be noticeable, but are not out of keeping with the rooflines of the neighbouring pair of semi detached dwellings to the north west, given the slope of the land down to the south east. As such the design of the dwellings would be in keeping with the wider street scene.
The pairs of semis to the north-west are read as individual buildings with a width of 13 metres and the dwelling to the south east has a width of 12.3 metres. Each of the proposed dwellings has a width of 6.8 metres. The width of each of the proposed dwellings is therefore significantly less, affecting the prevailing character. However, on balance, the rhythm of buildings with narrow side spaces and widths of buildings is considered not to be so out of keeping in the street or constitute overdevelopment such that refusal of the scheme is warranted.
The architectural design style of the buildings is different from the wider context of 1960s styled semis to the north-west and opposite. However the variation in architectural design styles proposed with two main design styles and two “handed” designs, are considered acceptable.
Overall, the visual impact of the proposal is considered to be acceptable and would blend in with the residential character and appearance of the area. It is also considered that the proposal would comply with the above guidelines set out in the Farnham Design Statement.
Impact on trees
The NPPF states that planning permission should be refused for development resulting in the loss or deterioration of aged or veteran trees found outside
ancient woodland, unless the need for, and benefits of, the development clearly outweigh the loss. Policies D6 and D7 broadly support the aims of the NPPF stating that the Council will protect significant trees and groups of trees and hedgerows through planning control.
The principal trees are those situated on the verge to the frontage. The revised scheme, with a variance to the Sustainable Urban Drainage Strategy, takes due account of the requirements to safeguard the rooting systems of these trees where they are within the site and beneath the existing hardstanding in particular.
Taking into account the expert advice of the Council’s Tree and Landscape Officer it is considered that the tree report makes a reasonable assessment in this respect and the revised SUDS layout does not now include excavations within the depicted root protection areas.
Officers are therefore satisfied that the development proposal would, subject to conditions, satisfactorily protect significant trees on the site in accordance with policies D6 and D7 of the Local Plan.
Impact on residential amenity
The NPPF identifies that within the overarching roles that the planning system ought to play, a set of core land use planning principles should underpin both plan-making and decision making. These 12 principles include that planning should seek to secure a good standard of amenity for all existing and future occupants of land and buildings. These principles are supported by Policies D1 and D4 of the Local Plan and guidance contained within the Council’s SPD for Residential Extensions.
House 1, adjacent to no. 10 Brooklands Close, has a ground floor kitchen window facing the first floor window of no. 10 Brooklands Close. However the close proximity of approximately 2.8 metres between buildings gives limited views into no 10 Brooklands Close and there is a hedge between the properties in the order of 3 metres high which helps screen the window at no. 10 from views.
Plan to show relationship of House 1 to No.10
Number 6 Brooklands Close is situated on a lower ground level to the proposed ‘H4’. H4 would extend beyond the rear of number 6, however at this point it would be single storey. Due to the low height, and the higher ground level, officers are satisfied that the proposal would not result in any significant impacts on number 6.
Plan to show relationship of House 4 to No.6
The side windows on the proposals look onto one another. However, they comprise landings and bathroom/cloakrooms and could be made the subject of a planning condition to be obscure glazed, which would mitigate any harm
to neighbouring amenity. Any further harm could be mitigated by introducing a restriction on future window openings to flank elevations by way of a planning condition.
Overall, it is considered that the proposal protects neighbouring amenity.
Highway safety and parking
The NPPF outlines that transport policies have an important role to play in facilitating sustainable development but also in contributing to wider sustainability and health objectives. In considering developments that generate significant amounts of movements, Local Authorities should seek to ensure they are located where the need to travel will be minimised and the use of sustainable transport modes can be maximised. Plans and decisions should take account of whether improvements can be taken within the transport network that cost-effectively limits the significant impact of the development.
The NPPF states that in order to make the fullest possible use of cycling, development should be located and designed where practical to create safe and secure layouts which minimise conflicts between traffic and cyclists. Policy M5 of the Local Plan accords with the NPPF in requiring developments to include, where possible, safe and convenient cycle routes which can connect to the Borough-wide cycle network.
The NPPF supports the adoption of local parking standards for both residential and non-residential development. The Council has recently consulted on a Draft Parking Guidelines Document which follows the Surrey County Council Vehicular and Cycle Parking Guidance in January 2012. Development proposals should comply with the appropriate guidance as set out within these documents.
It is noted that concerns have been raised by local residents that there would be insufficient off street parking.
The Waverley parking guidance 2013 indicates that there should be 2.5 parking bays per dwelling, and a total of 10 spaces. The proposal would provide 10 parking spaces (including 4 garages). This level of parking accords with the guidance, and as such is considered sufficient. Should permission be granted a condition can be imposed to limit the use of the garaging to vehicular parking and domestic storage.
The County Highway Authority has raised no objection to the proposal subject to conditions. There is therefore also no objection in respect of emergency vehicle access.
Secure cycle storage would be provided for 2 cycles for each dwelling located in external stores in back gardens. Such provision would be considered to be acceptable to help promote sustainable modes of travel and can be secured by condition..
The proposal complies with Council’s parking guidelines and is considered acceptable on highway and parking grounds.
Refuse and recycling
Storage areas for bins for refuse and re-cycling have been located in the back gardens of the houses, concealed from view. Access to the bins will be from side gates.
Flooding and drainage
Paragraph 103 of the NPPF states that when determining planning applications, local planning authorities should ensure flood risk is not increased elsewhere. Inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk, but where development is necessary, it should be made safe without increasing flood risk elsewhere. Development should only be considered appropriate in areas at risk of flooding where, informed by a site-specific flood risk assessment following the Sequential Test, and if required the Exception Test, it can be demonstrated that:
within the site, the most vulnerable development is located in areas of lowest flood risk, unless there are overriding reasons to prefer a different location; and development is appropriately flood resilient and resistant.
The site is located in Flood Zone 1 and is at low risk of flooding.
The applicants have commissioned a Surface Water Drainage Strategy (SUDS). It is proposed to collect, store and attenuate the surface water from the proposed development on site and discharge to the existing brook at the north eastern boundary of the site using the existing discharge point.
The drainage system would restrict the rate of discharge from all storm events up to the 100 year return period event to the current rate of discharge from a 1
year event and provides storage for the additional volume of water including a further 30% allowance for future climate change.
The SUDS system would include a permeable driveway and may if required include further underground storage in the rear gardens of the proposed properties depending on the final detailed design.
It is considered that the surface water system would attenuate on site all rainfall events up to 100 year return period event plus an allowance for climate change.
Officers are therefore satisfied that the proposal would not result in any material impacts for flood risk and the Surface Water Drainage Strategy is appropriate.
Crime and disorder
S17(1) of the Crime and Disorder Act 1998 places a duty to consider crime and disorder implications on local authorities. In exercising its various functions, each authority should have due regard to the likely effect of those functions on, and the need to do all that it can to prevent, crime and disorder in its area. This requirement is reflected in the National Planning Policy Framework, which states that planning policies and decisions should promote safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion.
Given the scale and nature of the proposal, together with its location within an existing residential area, it is considered that the proposed dwellings would not lead to crime and disorder in the local community and would accord with the requirements of the NPPF.
Financial Considerations
Section 70 subsection 2 of the Town and Country Planning Act 1990 (as amended) states that any local financial considerations are a matter to which local planning authorities must have regard to in determining planning applications; as far as they are material for the application.
The weight to be attached to these considerations is a matter for Committee.
Local financial considerations are defined as grants from Government or sums payable to the authority under the Community Infrastructure Levy (CIL). This means that the New Homes Bonus (NHB) is capable of being a material consideration where relevant. In the current case, the approval of the
application would mean that the NHB would be payable for the net increase in dwellings from this development. The Head of Finance has calculated the indicative figure of £1,450 per net additional dwelling, (total of £4,350) per annum for six years.
Infrastructure contributions
Policy D13 of the Local Plan states that “development will only be permitted where adequate infrastructure, services and facilities are available, or where the developer has made suitable arrangements for the provision of the infrastructure, services and facilities directly made necessary by the proposed development. The Council will have regard to the cumulative impact of development, and developers may be required to contribute jointly to necessary infrastructure improvements”. Local Plan Policy D14 goes on to set out the principles behind the negotiation of planning obligations required in connection with particular forms of new development. The current tests for legal agreements are set out in Regulation 122 (2) of the CIL Regulations 2010 and the guidance within the NPPF.
The three tests as set out in Regulation 122(2) require s106 agreements to be: Necessary to make the development acceptable in planning terms; Directly related to the development; and Fairly and reasonably related in scale and kind to the development.
The NPPF emphasises that to ensure viability, the costs of any requirements likely to be applied to development, such as infrastructure contributions should, when taking account of the normal cost of development and mitigation, provide competitive returns to a willing land owner and willing developer to enable the development to be deliverable.
The Council adopted a SPD on Infrastructure Contributions in April 2008. The policy requires that developments which result in a net increase in dwellings shall contribute towards infrastructure improvements in the Borough.
The applicant has completed a legal agreement and has therefore complied with the SPD. The proposal would therefore be acceptable in terms of its impact on infrastructure and would accord with policy D13 of the Local Plan.
Climate change and sustainability
The Local Plan does not require this type of development to achieve a particular rating of the Code for Sustainable Homes or include renewable
energy technologies. This said, the applicant has indicated as part of their Design and Access Statement that the new building will be built to modern standards. The new homes will be designed to achieve code for sustainable homes level 3, with features including high levels of insulation, low energy use, renewable energy sources and sustainable drainage systems.. The lack of any policy backing in this regard however prevents conditions being added to require this.
Biodiversity and compliance with Habitat Regulations 2010
The NPPF states that the Planning System should contribute to and enhance the natural and local environment by minimising impacts upon biodiversity and providing net gains in biodiversity where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures.
When determining planning application, local planning authorities should aim to conserve and enhance biodiversity by applying the following principles:
If significant harm resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for then planning permission should be refused.
In addition, Circular 06/2005 states ‘It is essential that the presence or otherwise of protected species and the extent that they may be affected by the proposed development, is established before planning permission is granted.’
The application property does not fall within a designated SPA, SAC, SNCI or SSSI. It is not within 200m of ancient woodland but is within 200m of a stream, and is not an agricultural building or barn. An ecological walkover and desk top study were conducted. The report by Arbtech submitted with the application concludes that the proposed development of the site presents a low probability of harm to protected species or habitats. The Surrey Wildlife Trust has considered the report and advises that Arbtech’s Ecological Walkover Survey dated March 2013 provides a satisfactory indication of the status of protected and important species on the proposed development site and the likely effect of the development on them. The Surrey Wildlife Trust recommends that any lighting is low level or directed downwards to avoid interfering with any bats that may pass through the site. However, an informative should be added to remind the applicant that protected species may be present at the property (e.g. nesting birds) and that works should stop
should they be found during the course of the works, should permission be granted.
Effect on the SPA
The three tests as set out in Regulation 122(2) require S106 agreements to be: (a) Necessary to make the development acceptable in planning terms; (b) Directly related to the development; and (c) Fairly and reasonably related in scale and kind to the development As the application proposes the provision of three additional residential units, in order for the development to be acceptable in planning terms, a S106 agreement is required as part of any subsequent planning approval to secure a financial contribution towards a SANG, in line with the Waverley Borough Council Thames Basin Heaths Special Protection Area (TBH SPA) Avoidance Strategy (December 2009). This strategy was formally adopted by the Council on 13th December 2009.
In line with this strategy and the requirements of Regulation 48 of the Habitats Regulations, a unilateral undertaking is required to ensure that the additional residential unit proposed by this development will not have any likely significant effect on the TBH SPA. The level of financial contribution sought is required to be in line with the specific tariffs set out in the adopted Avoidance Strategy which relate to the number of residential units and number of bedrooms proposed. As such, the requirement for the S106 agreement meets the three tests set out above and with a S106 agreement in place, the proposed development is acceptable in planning terms.
The applicant has entered into a S106 agreement considered to be acceptable to the Council and effects on the SPA are considered to be mitigated.
Water Frameworks Regulations 2011
The European Water Framework Directive came into force in December 2000 and became part of UK law in December 2003. It gives us an opportunity to plan and deliver a better water environment, focusing on ecology. It is designed to:
enhance the status and prevent further deterioration of aquatic ecosystems and associated wetlands which depend on the aquatic ecosystems promote the sustainable use of water
reduce pollution of water, especially by ‘priority’ and ‘priority hazardous’ substances ensure progressive reduction of groundwater pollution
The proposal would not conflict with these regulations.
Planning Infrastructure Contributions PIC
The three tests as set out in Regulation 122(2) require S106 agreements to be (a) necessary to make the development acceptable in planning terms (b) directly related to the development; and (c) fairly and reasonably related in scale and kind to the development
As the application proposes the provision of additional residential units, in order for the development to be acceptable in planning terms, a S106 agreement is required as part of any subsequent planning approval to secure a financial contribution towards infrastructure, in line with the Waverley Borough Council Planning Infrastructure Contributions Supplementary Planning Document (April 2008). This SPD has been formally adopted by the Council.
The contribution is based on a tariff system derived from an evidence base which identifies the likely impact on local infrastructure as a result of the proposal. As the proposal increases the number of dwellings on site, the impact on local infrastructure would be greater. Therefore, the proposal is necessary, directly related to the development and fairly and reasonably related in scale and kind to the development.
The application proposes the erection of four, 3 bedroom houses following the demolition of the existing dwelling; therefore a contribution is required in accordance with the Council’s Planning Infrastructure Contribution (PIC) SPD (adopted April 2008). The relevant s106 undertaking to secure the infrastructure contribution has been completed and it is considered that the impact on local infrastructure has been sufficiently mitigated.
As such, the requirement for the S106 agreement meets the three tests set out above and with a S106 unilateral undertaking in place, the proposed development is acceptable in planning terms, in relation to the planning infrastructure contribution. The scheme is considered to comply with Policies D13 and D14 of the Local Plan. The applicant has entered into a Section 106 agreement as outlined above and the effects on infrastructure are considered to have been mitigated.
Accessibility and Equalities Act 2010 Implications
Policy D9 of the Waverley Borough Local Plan encourages and seeks provision for everyone, including people with disabilities, to new development involving buildings or spaces to which the public have access. Officers consider that the proposal complies with this policy. A full assessment against the relevant Building Regulations would be captured under a separate assessment should permission be granted. From the 1st October 2010, the Equality Act replaced most of the Disability Discrimination Act (DDA). The Equality Act 2010 aims to protect disabled people and prevent disability discrimination. Officers consider that the proposal would not discriminate against disability, with particular regard to access. It is considered that there would be no equalities impact arising from the proposal.
Human Rights Implications
The proposal would have no material impact on human rights.
Environmental Impact Regulations 2011
The proposal is considered not to be EIA development under either Schedule 1 or 2 of the EIA Impact Regulations 2011 or a variation/amendment of a previous EIA development nor taken in conjunction with other development that is likely to have a significant environmental effect.
Article 2(3) Development Management Procedure (Amendment) Order 2012 Working in a positive/proactive manner
In assessing this application, officers have worked with the applicant in a positive and proactive manner consistent with the requirements of paragraphs 186-187 of the NPPF. This included:-
Provided or made available pre application advice to seek to resolve problems before the application was submitted and to foster the delivery of sustainable development.
Provided feedback through the validation process including information on the website, to correct identified problems to ensure that the application was correct and could be registered;
Have suggested/accepted/negotiated amendments to the scheme to resolve identified problems with the proposal and to seek to foster sustainable development.
Have proactively communicated with the applicant through the process to advise progress, timescales or recommendation.
Conclusion
The proposal is considered to make good and efficient use of an urban site and which would provide much needed housing in the Borough.
The proposal is a reduction in the scale of development from previously refused schemes together with improvements to the layout, form and design of the development.
The proposal is considered to protect visual and residential amenity. Parking meets with Waverley’s parking guidelines. The applicants have entered into S106 agreements to mitigate impacts on infrastructure and the Thames Basin Heaths SPA.
Overall, the proposal is considered to be acceptable and to comply with the policies of the Development Plan, the NPPF and the Farnham Design Statement.
Recommendation
That permission be GRANTED subject to the following conditions:
1. Condition Before any work on site begins, cross sections/details indicating the finished floor levels of the proposed dwellings and proposed finished ground levels surrounding the buildings shall be approved in writing by the Local Planning Authority. The works shall be carried out in strict accordance with the approved details.
Reason In order to protect the amenity and character of the area and to accord with Policies D1 and D4 of the Waverley Borough Local Plan 2002.
2. Condition Prior to the commencement of development and before any alteration of the existing condition of the site takes place, a pre-commencement meeting will be held with the appointed arboriculturist and the Local Planning Authority Tree Officer to agree on-site protection measures in accordance with BS5837: 2012 Trees in relation to design, demolition and construction - Recommendations and sequencing of works and in situ tree protection measures in accordance with the details submitted within the arboricultural
method statement by SMW Consulting and associated tree protection plan dated January 2013.
Reason In order to safeguard the retained trees in the interests of the visual amenity and character of the area.
3. Condition Prior to commencement of any works on site, demolition or other development activities, a scheme of tree protection (in line with BS 5837:2012 Trees in relation to design, demolition and construction - Recommendations) shall be submitted to and agreed by the Local Planning Authority in writing. Where relevant, such scheme shall also take "off site" trees into consideration. The Local Authority Tree and Landscape Officer shall be informed of the proposed commencement date a minimum of two weeks prior to that date to allow inspection of protection measures before commencement. The agreed protection to be kept in position throughout the development period until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without written consent of the Local Planning Authority.
Reason In order to safeguard the retained trees in the interests of the visual amenity and character of the area and to accord with Policies D1 and D4 of the Waverley Borough Local Plan 2002.
4. Condition Before work begins, cross sections/details indicating the proposed finished ground levels, surface materials including sub-base and depth of construction and method/materials used for edging, within protected zone around retained trees shall be submitted and approved in writing by the Local Planning Authority.
Reason In order to safeguard the retained trees in the interests of the visual amenity and character of the area and to accord with Policies D1 and D4 of the Waverley Borough Local Plan 2002.
5. Condition Prior to commencement of any works on site, details of any services to be provided or repaired including drains and soakaways, on or to the site, shall be submitted to and approved by the Local Planning Authority in writing and shall be carried out as shown. This requirement is in addition to any submission under the Building Regulations. Any amendments to be agreed with the Local Planning Authority in writing.
Reason In order to safeguard the retained trees in the interests of the visual amenity and character of the area and to accord with Policies D1 and D4 of the Waverley Borough Local Plan 2002.
6. Condition Prior to commencement of any works on site, demolition or other development activities, space shall be provided and clearly identified within the site or on other land controlled by the applicant to accommodate:
1. Parking of vehicles of site personnel, operatives and visitors. 2. Loading and unloading plant and materials. 3. Storage of plant and materials including demolition arisings. 4. Cement mixing.
The space referred to above and access routes to them (if not existing metalled ones) to be minimally 8 metres away from mature trees and 4 metres from hedgerows, or as may otherwise be agreed in writing by the Local Planning Authority.
Reason In order to safeguard the retained trees in the interests of the visual amenity and character of the area and to accord with Policies D1 and D4 of the Waverley Borough Local Plan 2002.
7. Condition No development shall take place until a detailed landscaping scheme has been submitted to and approved by the Local Planning Authority in writing. The landscaping scheme shall be carried out strictly in accordance with the agreed details and shall be carried out within the first planting season after commencement of the development or as otherwise agreed in writing with the Local Planning Authority. The landscaping shall be maintained to the satisfaction of the Local Planning Authority for a period of 5 years after planting, such maintenance to include the replacement of any trees and shrubs that die or have otherwise become, in the opinion of the Local Planning Authority, seriously damaged or defective. Such replacements to be of same species and size as those originally planted.
Reason In order to safeguard the retained trees and hedges in the interests of the visual amenity and character of the area and to accord with Policies D1 and D4 of the Waverley Borough Local Plan 2002.
8. Condition The Surface Water Drainage Strategy by the Civil Engineering Practice, as amended on 22 May 2013, shall be implemented in full and shall be operational in respect of the driveway construction and prior to the first occupation of the dwelling on the site in all other respects.
Reason In order to mitigate the effects of surface water runoff and to accord with Policy D1 of the Waverley Borough Local Plan 2002.
9. Condition No new development shall be occupied until space has been laid out within the site in accordance with the approved plans for cars to be parked and for vehicles to turn so that they may enter and leave the site in forward gear). The parking/turning area shall be used and retained exclusively for its designated use.
Reason In order that the development should not prejudice highway safety, the free flow of traffic nor cause inconvenience to other highway users in accordance with Policies M2 and M14 of the Waverley Borough Local Plan 2002.
10. Condition No development shall start until a Method of Construction Statement, to include details of:- (a) parking for vehicles of site personnel, operatives and visitors; (b) loading and unloading of plant and materials; (c) storage of plant and materials;
has been submitted to and approved in writing by the Local Planning Authority. Only the approved details shall be implemented during the construction period.
Reason In order that the development should not prejudice highway safety, the free flow of traffic nor cause inconvenience to other highway users in accordance with Policies M2 and M14 of the Waverley Borough Local Plan 2002.
11. Condition No new development shall be occupied until space has been laid out within the site in accordance with the approved plans to provide: - secure cycle parking to the satisfaction of the Local Planning Authority and shall thereafter be permanently maintained.
Reason The above condition is required in recognition of the sustainability requirements of the NPPF and to accord with Policy M2 of the Waverley Borough Council Local Plan 2002.
12. Condition No development shall take place until details of the external materials to be utilized in the construction of the development hereby permitted, have been submitted to and approved, in writing, by the Local Planning Authority. The development shall be carried to in accordance with the approved details.
Reason In order to protect the character and amenity of the area and to accord with Policies D1 and D4 of the Waverley Borough Local Plan 2002.
13. Condition Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no windows/dormer windows or other openings other than those expressly authorised by this permission shall be constructed in the flank elevations or roof slopes of the dwellings hereby permitted without the written permission of the Local Planning Authority.
Reason In order to protect neighbouring amenity and to accord with Policies D1 and D4 of the Waverley Borough Local Plan 2002.
14. Condition The garages hereby approved shall be used for the garaging of vehicles and domestic storage purposes incidental to the residential occupation and enjoyment of the dwellings as such and not for any trade or business.
Reason In order to protect the character and amenity of the area and not inconvenience other road users and to accord with Policies D1, D4, M2, M14 of the Waverley Borough Local Plan 2002.
15. Condition Prior to the commencement of development, a site management plan for the suppression of mud, grit, dust and other emissions during both the deconstruction and construction phase should be submitted to and be approved in writing by the Local Planning Authority and thereafter shall be implemented in accordance with the approved plan.
Reason In order to protect neighbouring amenity and the nearby Air Quality Management Area and to accord with Policies D1 and D4 of the Waverley Borough Local Plan 2002.
16. Condition No burning of materials on site shall take place prior to, during or post development and prior to occupation of the dwellings.
Reason In order to protect neighbouring amenity and the nearby Air Quality Management Area and to accord with Policies D1 and D4 of the Waverley Borough Local Plan 2002.
17. Condition The hours of construction shall be limited to 08:00-18:00 Monday to Friday, 09:00-13:00 Saturday and no activities on Sunday and Bank Holidays.
Reason In order to protect neighbouring amenity and to accord with Policies D1 and D4 of the Waverley Borough Local Plan 2002.
18. Condition The plan numbers to which this permission relates are 12.12.00RevA, 12.12.01, Rev A, 12.12.02, 12.12.03, 12.12.04, 12.12.05, 12.12.06, 12.12.07, 12.12.08, 12.12.09, 12.12.13, 12.12.11, 12.12.12, 12.12.10, 12/3936, 12.12.14 Existing Outbuildings, 12.12.14 Existing house, 12.12.14 Existing Floor Plans. 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 Policies D1 and D4 of the Waverley Borough Local Plan 2002.
Informatives
1. ''IMPORTANT'' This planning permission contains certain conditions precedent that state 'before development commences' or 'prior to commencement of any development' (or similar). As a result these must be discharged prior to ANY development activity taking place on site. Commencement of development without having complied with these conditions will make any development unauthorised and possibly subject to enforcement action such as a Stop Notice. If the conditions have not been subsequently satisfactorily discharged within the time allowed to implement the permission then the development will remain unauthorised.
2. There is a fee for requests to discharge a condition on a planning consent. The fee payable is £97.00 or a reduced rate of £28.00 for household applications. The fee is charged per written request not per condition to be discharged. A Conditions Discharge form is available and can be downloaded from our web site.
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.
3. The permission hereby granted shall not be construed as authority to obstruct the public highway by the erection of scaffolding, hoarding or any other device or apparatus for which a licence must be sought from the Highway Authority Local Transportation Service.
4. The permission hereby granted shall not be construed as authority to carry out works on the highway. The applicant is advised that a licence must be obtained from the Highway Authority Local Transportation Service before any works are carried out on any footway, footpath, carriageway, verge or other
land forming part of the highway.
5. The developer is reminded that it is an offence to allow materials to be carried from the site and deposited on or damage the highway from uncleaned wheels or badly loaded vehicles. The Highway Authority will seek, wherever possible, to recover any expenses incurred in clearing, cleaning or repairing highway surfaces and prosecutes persistent offenders. (Highways Act 1980, Sections 131, 148, 149).
6. The applicant is advised that as part of the detailed design of the highway works required by the above condition(s), the County Highway Authority may require necessary accommodation works to street lights, road signs, road markings, highway drainage, surface covers, street trees, highway verges, highway surfaces, surface edge restraints and any other street furniture/equipment.
SCHEDULE “B1” TO THE AGENDA FOR THE WESTERN PLANNING COMMITTEE 30TH OCTOBER 2013
Applications not subject to public speaking.
Background Papers
Background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report are listed under the “Representations” heading for each planning application presented, or may be individually identified under a heading “Background Papers”.
The implications for crime, disorder and community safety have been appraised in the following applications but it is not considered that any consideration of that type arises unless it is specifically referred to in a particular report.
B1 WA/2013/1213 Erection of 22 dwellings with associated parking, Taylor Wimpey (Southern Counties) new pedestrian and vehicle access and Ltd landscaping following the demolition of existing 16/07/2013 buildings (as amended and amplified by plans received 27/09/2013 and 1/10/2013 and amplified by e-mail dated 16/10/2013) at Travis Perkins, West Street, Farnham, GU9 7AF
Committee: Western Area Meeting Date: 30/10/2013 Public Notice Was Public Notice required and posted: Yes Grid Reference: E: 483143 N: 146386
Town: Farnham Ward: Farnham Castle Case Officer: William Clarke
13 Week Expiry Date: 15/10/2013 Neighbour Notification Expiry Date: 11/10/2013 Neighbour Notification 11/10/2013 Amended/Additional Expiry Date: RECOMMENDATION That, subject to the consideration of the views of the County Archaeologist and further response from external consultants regarding financial viability and the assessment of the SHMA 2013 (draft), permission be REFUSED.
Introduction
The application has been brought before the Area Committee, at the request of the Local Member. Location Plan
Site Description
The application site measures approximately 0.49 hectares in size, is generally ‘L’ shaped, and is located towards the west of Farnham Town Centre, to the northern side of West Street. The site slopes from upwards from south to north with a change of levels of approximately 3m. Boundary treatment comprises a mixture of metal fencing and hedging. Vehicular and pedestrian access to the site are gained from West Street.
The site is currently vacant having been recently occupied by the building merchants business ‘Travis Perkins’. Built form occupies approximately half of the site and comprises 2 groups of large single storey industrial style buildings under pitched roofs sitting in large areas of hardstanding. One of the buildings occupies a prominent position at the front of the site separated from West Street by an open forecourt which was previously used for customer parking. Within the main body of the site is located the open air storage yard and the second of the buildings.
The site is enclosed on all sides by terraced dwellings. Separating the majority of the site from West Street is a group of 8 cottage style grade II listed dwellings known as the McDonalds Almshouse. To the south of West Street is the Farnham Cemetery, the entrance gates, the lodge and chapel all serving the cemetery are grade II listed.
Proposal
This planning application seeks planning permission for the redevelopment of the site to provide 22 new dwellings, with parking spaces and associated amenities.
The mix of housing on site would comprise:
3 no. 4 bedroom houses 14 no. 3 bedroom houses 5 no. 2 bedroom flats
The proposed dwellings would be laid out in parallel to the adjacent residential areas, the rear gardens of the dwellings proposed on the northern and eastern part would front the site’s perimeter. The western part of the application site would incorporate a total of 5 no. apartments which would be centred on a small hard surfaced courtyard area. The proposed dwellings would be predominantly two-storey in height, with plots 10 – 12 proposed to be two and a half storeys in order to provide a new gateway entrance from West Street into the site. The proposed apartments would be two and half storeys. It is proposed that all dwellings would have access to private amenity space with the proposed apartments having access to either shared or private amenity space.
A new vehicular access point would be created in a position slightly further east from the existing access point. The proposal would provide a total of 46 no. car parking spaces, which would include 7 no. visitor parking spaces.
The proposal would include a comprehensive landscaping strategy which would include a 2m strategic landscape buffer along the eastern flank of the application site.
Proposed site layout
Proposed street scene views
Proposed elevations of plots 19 -22
Proposed elevations of plots 13 - 16
Proposed elevations of plots 1 - 4
Proposed elevation of garages for plots 5 - 9
Relevant Planning History
Kennedys Builders Demolition and the Merchants Limited, Full Permission WA/1975/1763 construction of vehicular West Street, 11/02/1976 and pedestrian access Farnham. Arnold and Cauben's, Modification to existing Full Permission FAR98/59 West Street showroom 18/03/1959 Premises of Graham Change of use from garage Full Permission FAR624/62 Whitehead Ltd, Alton and filling station to 23/11/1962 Road, Farnham builders merchant store Temporary Land at West Street, FAR6/52 Advertising sign Permission Farnham 18/02/1952 Alterations to disused West Street premises, works cottage for use as Full Permission FAR589/55 21 Crondall Lane, offices in connection with 19/12/1955 Farnham works Messrs Grahams, Two 3000 gallon Full Permission FAR514/61 Whiteheads premises, underground petrol storage 28/08/1961 West Street, Farnham tanks Kennedys Builders, Construction of new Full Permission FAR449/73 West Street vehicular access 07/09/1973 FAR321/60 Arnold & Camborn Ltd Installation of new petrol Full Permission premises, West tanks 17/06/1960 Street, Farnham Land at West Street, Full Permission FAR288/49 Addition to workshop Farnham 16/01/1950 Temporary Arnold and Corben FAR181/59 Illuminated shell sign Permission premises, West Street 15/05/1959
Planning Policy Constraints
Developed area of Farnham Thames Basin Heath 5km zone Wealden Heaths I SPA 5km North West Farnham Design Statement
Development Plan Policies and Proposals
Policies of the Waverley Borough Local Plan 2002:-
D1 Environmental Implications of Development D2 Compatibility of Uses D3 Resources D4 Design and Layout D5 Nature Conservation D6 Tree Controls D7 Trees, Hedgerows and Development D8 Crime Prevention D9 Accessibility D13 Essential Infrastructure D14 Planning Benefits H4 Density and Size of Dwellings H5 Subsidised Affordable Housing within Settlements H10 Amenity and Play Space HE14 Sites and Areas of High Archaeological Potential IC2 Safeguarding Suitably Located Industrial and Commercial Land M2 The Movement Implications of Development M4 Provision for Pedestrians M5 Provision for Cyclists M14 Car parking Standards
On the 27th March 2012, the Government adopted its National Planning Policy Framework (NPPF). This document has superseded the majority of previous national planning policy guidance/statements (with the exception of PPS10: Planning for Sustainable Waste Management) and condensed their contents into a single planning document. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires all applications for planning permission to be determined in accordance with the Development Plan, unless material considerations indicate otherwise. The Waverley Borough Local Plan 2002 and the South East Plan 2009 therefore remain the starting point for the assessment of this proposal.
The NPPF is, however, a material consideration in the determination of this case. Paragraphs 214 and 215 of the NPPF make clear that where a local authority does not possess a development plan adopted since 2004, due weight may only be given to relevant policies in existing plans according to their degree of conformity with the NPPF.
Guidance:
The National Planning Policy Framework (2012) Technical Guidance to the National Planning Policy Framework (2012) Vehicular and Cycle Parking Guidance (2012) Waverley Borough Cycling Plan SPD (2005) Waverley Borough Council Parking Guidelines (2013) Planning Infrastructure Contributions SPD (2008) Density and Size of Dwellings SPG (2003) Surrey Design Guide (2002) Strategic Housing Land Availability Assessment (2010) and update (2011) Final Draft Waverley and West Surrey Strategic Housing Market Assessment 2013. Employment Land Review (2009) and Update (2011)
Consultations and Town Council Comments
Farnham Town FTC welcomes the imaginative use of a brown field Council site.
County Highway The County Highway Authority has considered the Authority application from the strategic and detailed point of view and has recommended a number of conditions concerning the proposed access, vehicles and cycle parking spaces and the submission of a Method of Construction Statement.
Environment Agency No objection, refer to standing advice. (EA)
Council’s Waste and Sets out standard bin storage capacity sizes for the Recycling Co-ordinator different types of proposed dwellings.
Council’s No objections. Environmental Health Recommends conditions in relation to: Officer Hours of working condition No burning of refuse on site condition Lighting scheme condition Programme for the suppression of dust Noise level of machinery
Contaminated Land Conditions recommend in relation to:
Submission of a remediation scheme.
Air Quality Concerns relating to impact on air quality. However, conditions recommended if permission is granted. These include conditions to secure:
Site management plan A Low Emission Strategy No burning of materials on site Secure bike parking Hours of working
County Archaeologist Comments not yet received – to be reported orally.
English Heritage No objection
Natural England (NE)
Original scheme: No objection subject to a condition that a Habitats Regulations Assessment be submitted to demonstrate no significant effect on the SPA.
Surrey Wildlife Trust No objection (SWT) Ecology Survey Report provides a satisfactory account of the status of protected and important species on site and the likely effect of the development on them.
Council’s Estates and Concern that the submitted commercial land Valuation Manager availability land assessment does not fully address the issue of oversupply of industrial land and does not cover in depth why the site is no longer needed for commercial purposes.
Representations
In accordance with the statutory requirements and the “Reaching Out to the Community – Local Development Framework – Statement of Community Involvement – July 2006”, neighbour notification letters were sent on 30/07/2013.
1 letter of objection has been received, raising the following concerns:
Lack of provision of affordable housing. The proposed s106/SANGS contribution is less than is required in Waverley Council’s policy.
Determining Issues
Section 38(6) of the Planning and Compulsory Purchase Act 2004 repeats the duty imposed under S54A of the Town and Country Planning Act 1990 and requires that decisions must be made in accordance with relevant Development Plan Documents unless material considerations indicate otherwise.
The report will identify the relevant development plan policies and material considerations for this application.
The key determining issues are:
Principle of development Loss of commercial land Housing supply Housing mix and density Affordable Housing Highway considerations Impact on visual amenity, townscape, landscape, adjacent listed buildings and trees Provision of amenity and play space Neighbouring amenity Contamination on site Archaeological considerations Biodiversity and compliance with Habitat Regulations 2010 Sustainability / Climate Change Air Quality Flooding and Drainage considerations Infrastructure Financial Considerations Environmental Impact Assessment Regulations 2011 Crime and Disorder Effect upon Special Protection Area Water Frameworks Regulations Equalities Act 2010 Implications Human Rights Implications Third Party and Town Council comments Article 2(3) Development Management Procedure (Amendment) Order 2012 Working in a positive/proactive manner
Planning Considerations
Principle of development
In relation to the principle of development, the NPPF sets out:
The planning system is plan-led. Planning law requires that applications for planning permission must be determined in accordance with the development plan, unless material considerations indicate otherwise. This Framework is a material consideration in planning decisions (paragraph 196).
In assessing and determining development proposals, local planning authorities should apply the presumption in favour of sustainable development (paragraph 197).
The NPPF states that the purpose of the planning system is to contribute to the achievement of sustainable development. There are three dimensions to sustainable development: economic, social and environmental. These dimensions give rise to the need for the planning system to perform a number of roles:
an economic role – contributing to building a strong, responsive and competitive economy, by ensuring that sufficient land of the right type is available in the right places and at the right time to support growth and innovation; and by identifying and coordinating development requirements, including the provision of infrastructure;
a social role – supporting strong, vibrant and healthy communities, by providing the supply of housing required to meet the needs of present and future generations; and by creating a high quality built environment, with accessible local services that reflect the community’s needs and support its health, social and cultural well-being; and
an environmental role – contributing to protecting and enhancing our natural, built and historic environment; and, as part of this, helping to improve biodiversity, use natural resources prudently, minimise waste and pollution, and mitigate and adapt to climate change including moving to a low carbon economy.
The site is within the Wealden Heaths Special Protection Area Buffer Zone. Development should not result in a likely significant effect upon the integrity of the SPA.
The site is within the Thames Basin Heathland Special Protection Area Buffer Zone. Development should not result in a likely significant effect upon the integrity of the SPA.
The loss of suitably located industrial and commercial land will be resisted in accordance with Policy IC2. In giving consideration to applications which conflict with this policy, the Council will require the applicant to demonstrate that there is no need for the site to be retained for employment purposes.
Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 states that in considering applications within a Conservation Area, Local Planning Authorities must pay special attention to the desirability of preserving, or enhancing the character and appearance of the area. In accordance with this, both the NPPF and Policy HE8 of the Local Plan 2002 state that development should preserve or enhance the character of conservation areas.
Loss of commercial land
The NPPF establishes that within the overarching roles that the planning system ought to play, a set of core land-use planning principles should underpin both plan-making and decision-taking. These 12 principles include that planning should proactively drive and support sustainable economic development to deliver the homes, business and industrial units, infrastructure and thriving local places that the country needs. Every effort should be made objectively to identify and then meet the housing, business and other development needs of an area, and respond positively to wider opportunities for growth. Plans should take account of market signals, such as land prices and housing affordability, and set out a clear strategy for allocating sufficient land which is suitable for development in their area, taking account of the needs of the residential and business communities.
At paragraph 18 the NPPF highlights the Government’s commitment to securing economic growth in order to create jobs and prosperity, building on the country’s inherent strengths, and to meeting the twin challenges of global competition and of a low carbon future.
At paragraph 22, the NPPF sets out that planning policy should avoid the long term protection of sites allocated for employment use where there is no reasonable prospect of a site being used for that purpose. Land allocations should be regularly reviewed. Where there is no reasonable prospect of a site being used for the allocated employment use, applications for alternative uses of land or buildings should be treated on their merits having regard to market signals and the relative need for different land uses to support sustainable local communities.
Paragraph 160 of the NPPF states that Local Planning Authorities should have a clear understanding of business needs within the economic markets operating in and across their area. Paragraph 161 requires local planning authorities to assess the needs for land or floorspace for economic development and assess the existing and future supply of land available for economic development and its sufficiency and suitability to meet the identified needs.
Waverley Borough Local Plan 2002 is consistent with the NPPF with regards to securing economic growth. The keynote policy of the Local Plan states:
“The Council, through the Local Plan, will seek to maintain and improve the quality of life in Waverley without compromising the ability of future generations to meet their own needs and to enjoy a high quality environment. This means protecting and enhancing the Borough’s environmental quality and providing for homes, jobs, infrastructure and services without undermining the value of the built, natural and man-managed environmental resource.”
Taking account of the planning context for Waverley, the Keynote Policy can be developed into a number of aims relating to the themes of inter alia securing a healthy economy. Aim 5 of the Local Plan seeks to help to achieve a healthy economy in a way which conserves and enhances the quality of the Borough’s environment and infrastructure.
The Keynote Policy and the 5 aims underpin the planning policies of the Local Plan. Policy IC2, Safeguarding Suitably Located Industrial and Commercial Land, states
The loss of suitably located industrial and commercial land will be resisted. Sites will be regarded as being suitably located where they meet one or more of the following criteria:-
(a) the continued use of the site for commercial or industrial purposes would not have a materially adverse impact on the local environment or the amenities of nearby residents; (b) they lie within or close to residential areas which can provide a source of labour; (c) they are conveniently located to customers/markets and to other firms; (d) they are located where the highway network can satisfactorily absorb the traffic generated; and (e) they are conveniently served by public transport and/or are conveniently accessible from nearby residential areas by walking/bicycle.
Areas of suitably located industrial and commercial land over 0.4 hectares (1 acre) are identified on the Proposals Map.
The application site has been most recently used as a builder’s merchant, although it is now vacant. Whilst it is acknowledged that this use is not classed as a B1, B2 or B8 use, as defined in the Use Classes Order 1987, it is nonetheless an employment generating land use which Policy IC2 seeks to safeguard. Policy IC2 of the Local Plan requires that in giving consideration to applications which conflict with this policy the Council will require the applicant to demonstrate that there is no need for the site to be retained for employment purposes. Officers consider that in practical terms, this can be tested by assessing the effective market demand for the site.
In seeking to demonstrate that there is no need for the site to be retained as industrial and commercial land the application is supported by a Commercial Land Availability Assessment undertaken by BNP Paraibas dated May 2013. The Assessment concludes that;
There is currently a significant oversupply of vacant and available business space in the Waverley Borough. The Market Appraisal Report estimates approximately 4.5 years’ supply based upon 2012 take-up figures. Take-up rates are also unlikely to increase in the coming few years.
The ELR concludes that there is more than sufficient identified employment land to meet the Borough’s needs for the foreseeable future. It also forecasts that there will be continued decline in demand for B2 and B8 land.
With Farnham in competition with lager centres nearby coupled with the excess supply of low grade business space it is difficult to predict take up increasing in the area.
Notwithstanding the conclusion of the Commercial Land Availability Assessment, the applicant proposes to make a contribution of either £100,000 towards the Waverley Training Services (WTS) department or towards employing local apprentices on site (or such other employment related service). If Members were minded to secure such a contribution this could be achieved via a Section 106 Planning Obligation.
In response to the Commercial Land Availability Assessment submitted by the applicant, Officers refer to the Council’s Employment Land Review (ELR) update 2011 which provides an up-to-date analysis of the Borough’s employment land supply as well as an assessment of the likely demand for employment land and premises to 2027. The ELR found that there is a need for approximately 16,700 sq m of additional employment floorspace in the Borough between 2010 and 2027. It forecast that this need is for class B1 use whereas there will be a surplus of class B8 over the same period. However, the amount of additional B1 needed assumes that the surplus B8 use could be redeveloped for B1 use. If the surplus B8 cannot be redeveloped for B1 need, then the amount of employment floorspace needed would increase to approximately 33,864 sq m. As such, whilst Officers agree with the applicant that the need for B8 floorspace is declining, the ELR clearly concludes that there is a clear requirement for additional B1 floorspace, and an even greater requirement if surplus B8 floorspace is not redeveloped for B1 need.
In addition, the Council’s Estates and Valuation Manager has raised concern that the submitted Commercial Land Availability Land assessment does not fully address the issue of oversupply of industrial land and does not cover in depth why the site is no longer needed for commercial purposes.
Given the conclusions of the Council’s ELR, the comments of the Council’s Estates and Valuation Manager, coupled with the absence of any site specific marketing undertaken by the applicant to demonstrate that the site is not required for its current use or for other compatible uses e.g. a B1 use, Officers consider that the proposal is contrary to Policy IC2 of the Local Plan and advice contained within the NPPF. Officers consider that the proposed £100,000 towards WTS does not outweigh the planning policy objection.
Housing supply
Paragraph 14 of the NPPF 2012 outlines that at the heart of national planning guidance is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision- taking. For plan-making, this means that, inter alia, local planning authorities should positively seek opportunities to meet the development needs of the area.
Paragraph 47 of the NPPF states that local planning authorities should use their evidence bases to ensure their Local Plan meets the full needs for market and affordable housing in the borough, and should identify and update annually a five-year supply of specific and deliverable sites against their housing requirements. Further, a supply of specific, developable sites or broad locations for growth should be identified for years 6-11 and, where possible, 11-15. LPAs should also set their own approach to housing density to reflect local circumstances and to boost significantly the supply of housing.
Paragraph 49 of the NPPF continues that “housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up to date if the local planning authority can not demonstrate a five year supply of deliverable housing sites”.
Paragraph 50 of the National Planning Policy Framework directs that in order to deliver a wide choice of high quality homes, widen opportunities for homes ownership and create sustainable, inclusive and mixed communities, local planning authorities should: inter alia
plan for a mix of housing based on current and future demographic trends, market trends and the needs of different groups in the community (such as, but not limited to, families with children, older people, people with disabilities, service families and people wishing to build their own homes);
identify the size, type, tenure and range of housing that are required in particular locations, reflecting local demand.
The most recent figures for the supply of deliverable housing sites is contained within the Waverley Strategic Housing Land Availability Assessment (SHLAA), dated 1st April 2012. As of that date, Waverley Borough Council had a supply of deliverable housing sites to meet five years worth of the current South East Plan housing requirement in accordance with paragraph 47 of the NPPF.
Although the South East Plan has now been revoked, the housing target in this plan remains the most up to figure to have been tested until the examination into the submitted Waverley Core Strategy’s housing requirement is concluded later this year.
The Council does not have a record of persistent under delivery and therefore it is considered that a buffer of only 5% accords with the requirements of the NPPF. The South East Plan target was 250 new homes a year from 2006. Prior to this, the 2004 Surrey Structure Plan formed part of the development plan and the housing requirement was 187 new homes a year. In seven of the ten years prior to 2012, housing supply in the borough has exceeded the housing target.
The Council currently has an identified housing supply until 2017 of 354 homes per year, including a windfall allowance of 132 homes over the five year period
The application site is within the developed area of Farnham wherein the principle of new housing development is acceptable. Whilst, there is a demonstratable five year supply of housing, officers advise that it would not be a tenable position to refuse this application on the basis of lack of housing need. Indeed, the proposal would go towards meeting the housing need by providing housing within a defined settlement area, in a sustainable location.
Housing mix and density
The NPPF states that in order to deliver a wide choice of high quality homes, widen opportunities for home ownership and create sustainable, inclusive and mixed communities, local planning authorities should plan for a mix of housing based on current and future demographic trends; identify the size, type, tenure and range of housing that is required in particular locations, reflecting local demand; and where it is identified that affordable housing is needed, set policies for meeting this need on site, unless off-site provision or a financial contribution can be robustly justified.
Policy H4 of the Local Plan 2002, in respect of housing mix, is considered to be consistent with the approach in the NPPF. It outlines the Council’s requirements for mix as follows:
a) at least 50% of all the dwelling units within the proposal shall be 2 bedroomed or less; and, b) not less than 80% of all the dwelling units within the proposal shall be 3 bedroomed or less; and, c) no more than 20% of all the dwelling units in any proposal shall exceed 165 square metres in total gross floor area measured externally, excluding garaging.
The density element of Policy H4 has been superseded by guidance in the NPPF which states that to boost significantly the supply of housing, local planning authorities should set their own approach to housing density to reflect local circumstances.
Rather than prescribing a minimum or maximum density, the NPPF sets out, at paragraph 47, that Local Planning Authorities should set out their own approach to housing density to reflect local circumstances. Officers acknowledge that the density of the proposed development would, numerically make efficient use of the land. Importantly, however, what is more important is the actual visual impact of the layout and extent of development upon the character and amenities of the area. Owing to the size of the proposed dwellings, the site would be densely occupied by the proposed development, especially when considered alongside the existing site and neighbouring properties. However, given consideration of the fall-back alternative which is for a similar amount of built form and a higher density of dwellings, it is considered that the proposed density would not be inappropriate.
The Council’s Strategic Housing Market Assessment 2009 (SHMA) sets out the likely profile of household types. The evidence in the SHMA is more up to date than the Local Plan, however, the profile of households requiring market housing demonstrated in the SHMA at Borough level is broadly in line with the specific requirements of Policy H4.
The SHMA found that the market demand is as follows:
Bedrooms Net Market Demand 1 71(19%) 2 146 (38%) 3 31 (8%) 4+ 134(35%) Total 382
The household survey also identifies the profile of household types requiring market housing. It shows that the largest group are childless couples (35.6%). Pensioner households make up around 14%.
The proposal is for a mix of 3 no. 4 bedroom houses, 14 no. 3 bedroom houses, 5 no. 2 bedroom flats
The proposed housing mix is considered to be appropriate having regard to the evidence in the SHMA and the requirements of Policy H4.
The Strategic Housing Market Assessment 2013 (SHMA) has been published in draft form and is therefore a material consideration of limited weight. Officers are considering the relevance of this additional information and the acceptability of the proposal in terms of mix. An oral report will be made at the meeting.
Affordable Housing
The National Planning Policy Framework 2012 outlines that to deliver a wide choice of quality homes, local planning authorities should identify where affordable housing is needed and identify policies for meeting this on site, unless off-site provision or a financial contribution can be robustly justified.
Paragraph 205 of the NPPF states that that where obligations are being sought or revised, local planning authorities should take account of changes in market conditions over time and, wherever appropriate, be sufficiently flexible to prevent planned development being stalled. In addition, Government guidance contained in the National Planning Policy Guidance states that where the deliverability of the development may be compromised by the scale of planning obligations and other costs, a viability assessment may be necessary. The guidance continues further by stating that in making decisions, the local planning authority will need to understand the impact of planning obligations on the proposal. Where an applicant is able to demonstrate to the satisfaction of the local planning authority that the planning obligation would cause the development to be unviable, the local planning authority should be flexible in seeking planning obligations
Policy H5 sets out the local requirements for affordable housing and states that on developments in settlements of more than 3,000 population, the Council will seek affordable housing on new developments comprising 15 or more new dwellings. Where proposals provide a housing density of more than 40 dwellings per hectare (which includes the current proposal) the Council will seek to negotiate that at least 25% of the number of net new dwellings are in the form of subsidised affordable housing. Policy H5 states that the scale of provision on individual sites will depend on the characteristics of the site, market conditions and other considerations.
This application for 22 new homes on the site generates a requirement for 25% affordable housing under Policy H5, which equates to 5 affordable homes. The dispersal of affordable units within the residential development is considered to promote mixed communities and minimise social exclusion.
Affordable housing is one of the Council’s core priorities and the provision of on-site affordable housing is supported.
The Council’s Housing Strategy and Enabling Manager has recommended that any commuted sums or financial contributions in lieu of affordable housing on site should be earmarked towards the development of new affordable homes throughout the borough. This would ensure affordable hosing would be provided throughout the borough in terms of meeting borough wide need rather than restricting spending towards sites in the Farnham area.
The proposal does not provide any on site affordable housing, and no contribution has been offered towards off-site provision. The applicant contests, in the form of a Viability Study undertaken by Turner Morum June 2013 that the provision of affordable housing would not be viable given the constraints of the site. Officers have sought the independent scrutiny of this study by an external consultant appointed by the Council. The initial conclusion of the external consultant concurs with that of the applicant.
Since the original submission the applicant has offered a further sum in respect of £100,000 towards employment initiatives. The officers are seeking further expert advice on this in relation to viability and an oral report at committee will be made on this matter.
Highway considerations
The National Planning Policy Framework 2012 outlines that transport policies have an important role to play in facilitating sustainable development but also in contributing to wider sustainability and health objectives. In considering developments that generate significant amounts of movements local authorities should seek to ensure they are located where the need to travel will be minimised and the use of sustainable transport modes can be maximised. Plans and decisions should take account of whether improvements can be taken within the transport network that cost-effectively limit the significant impact of the development.
The application is accompanied by a Transport Statement which assesses existing transport conditions in the area and assesses the impact of the proposed development.
The report concludes that the proposal would have minimal traffic impacts on the local highway network and the site itself is situated within access to sustainable travel modes and numerous facilities. The proposal would provide highway benefits where large commercial vehicles which currently access the site would be removed from local streets, in addition to a reduction in the total number of trips to and from the site.
Officers consider that the impact of traffic generation would, therefore, be an improvement over the potential impact of the current lawful situation of the site.
The County Highway Authority has considered the application from a strategic and detailed point of view and has recommended a number of conditions, requiring further detailed information on highway matters and the submission of a method of construction statement. Impact on visual amenity, townscape, landscape, adjacent listed buildings and trees
Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 states that in considering applications which affect Listed Buildings, Local Planning Authorities must have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. In accordance with this, the NPPF and Policies HE1, HE3 and HE5 of the Local Plan 2002 state that development should preserve or enhance the character and setting of Listed Buildings.
Paragraphs 56 to 68 of the NPPF refer to requiring good design. These principles are taken forward from guidance previously contained in PPS1 on ‘Delivering Sustainable Development.’
Paragraph 56 states that the Government attaches great importance to the design of the built environment and that good design is a key aspect of sustainable development.
Paragraph 58 sets out that planning policies and decisions should aim to ensure that developments:
- Will function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development; - Establish a strong sense of place, using streetscapes to create attractive and comfortable places to live, work and visit; - Optimise the potential of the site to accommodate development, create and sustain an appropriate mix of uses and support local facilities and transport networks; - Respond to local character and history, and reflect the identity of local surroundings and materials, while not preventing or discouraging appropriate innovation; - Create safe and accessible environments; - Are visually attractive as a result of good architecture and appropriate landscaping.
Paragraph 64 states that permission should be refused for development of poor design that fails to take opportunities available for improving the character and quality of an area and the way it functions.
Paragraph 65 states that local planning authorities should not refuse planning permission for buildings or infrastructure which promote high levels of sustainability because of concerns about incompatibility with an existing townscape.
Paragraph 131 of the NPPF states that in determining planning applications, local planning authorities should take account of:
the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with the conservation; the positive contribution that conservation of heritage assets can make to sustainable communities including their economic vitality; and the desirability of new development making a positive contribution to local character and distinctiveness.
Paragraph 132 of the NPPF states that when considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation. The more important the asset, the greater the weight should be. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. As heritage assets are irreplaceable, any harm or loss should require clear and convincing justification. Substantial harm to or loss of a grade II listed building, park or garden should be exceptional. Substantial harm to or loss of designated heritage assets of the highest significance, notably scheduled monuments, protected wreck sites, battlefields, grade I and II* listed buildings, grade I and II* registered parks and gardens, and World Heritage Sites, should be wholly exceptional.
Policies D1 and D4 of the Local Plan outline that the Council will ensure that development is of a high quality design which integrates well with the site and complements its surroundings.
Policies HE1, HE3 and HE5 of the Local Plan 2002 state that development should preserve or enhance the character and setting of Listed Buildings.
Paragraphs 56 to 68 of the NPPF refer to requiring good design. These principles are taken forward from guidance previously contained in PPS1 on ‘Delivering Sustainable Development.’
Paragraph 56 states that the Government attaches great importance to the design of the built environment and that good design is a key aspect of sustainable development.
Paragraph 58 sets out that planning policies and decisions should aim to ensure that developments:
- Will function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development; - Establish a strong sense of place, using streetscapes to create attractive and comfortable places to live, work and visit; - Optimise the potential of the site to accommodate development, create and sustain an appropriate mix of uses and support local facilities and transport networks; - Respond to local character and history, and reflect the identity of local surroundings and materials, while not preventing or discouraging appropriate innovation; - Create safe and accessible environments; - Are visually attractive as a result of good architecture and appropriate landscaping.
Paragraph 64 states that permission should be refused for development of poor design that fails to take opportunities available for improving the character and quality of an area and the way it functions.
Paragraph 65 states that local planning authorities should not refuse planning permission for buildings or infrastructure which promote high levels of sustainability because of concerns about incompatibility with an existing townscape.
Policies D1 and D4 of the Local Plan outline that the Council will ensure that development is of a high quality design which integrates well with the site and complements its surroundings.
In terms of layout, the road layout and massing of buildings are considered to provide legibility that provides recognisable routes in the design with a strong sense of place. The proposed layout of the scheme would be of a similar scale and would reinforce that of existing adjacent residential development. The proposed building that would front onto West Street would follow the building line along West Street that is formed by the MacDonalds Almshouses.
The site is enclosed to the north, east and west by adjacent residential development and as such there are few opportunities for the development to promote accessibility and local permeability beyond the site boundaries. However, the layout has been designed to allow for adaptability for future connections.
The orientation of buildings would ensure a good level of natural surveillance, in general, around the site.
The proposed development would provide a range of dwelling types and the variety of built form would contribute to the character of the locality. The approach would create a built environment of varied character, height and mass, which would add diversity to the built form of the area.
The design, using pitched roofs with a largely traditional built form and the pallet of materials, consisting of clay roof tiles, red tile hanging, red brick walls and painted timber doors is considered to be in keeping with the wider area and would also assist in achieving a legible, varied development.
The principle of the two-storey dwelling houses fronting West Street, with the majority of proposed buildings occupying the central part of the site is considered to be a sound approach, which would provide a more traditional frontage in the street scene.
The proposed development would incorporate a 1m wide planting buffer zone, located towards the rear of plots 17 to 22 and the residential properties situated along Mount Pleasant. The buffer zone would provide visual relief to the development and would allow space for planting of trees/mature planting.
The Council’s Heritage and Design Officer has advised that the historic almshouses would benefit from the removal of the industrial shed immediately adjacent to them and that the proposal to use the entrance to the site as a separation between the almshouses and the proposed development would provide the historic almshouses with space so that it can be appreciated more. The reintroduction of soft landscaping between the road and the front of the proposed buildings would also be helpful in revealing the significance of the listed almshouses and its importance for the street scene. The Heritage and Design Officer advises that the proposed heights of the development could be accommodated in this context and would not have a damaging impact. The Heritage and Design Officer has recommended a number of conditions requesting details of proposed materials and architectural detailing of the proposed buildings to ensure that the proposal would not harm the setting of the adjacent listed buildings, if permission is granted.
The Council’s Tree and Landscape Officer has advised that the submitted tree survey is a fair assessment of the species, size and condition of the trees on site that may be impacted upon by the proposed development and that there are no significant trees worthy of long term retention. The proposed site layout and landscape strategy/soft works plans appear to be different in terms of the extent of tree planting proposed. However, the Tree and Landscape Officer has advised that the latter plans with trees on the frontage would be preferable from a visual amenity perspective.
The Tree and Landscape Officer has recommended, that if permission is granted, a standard landscape scheme condition and that the submitted plans for both landscape strategy and soft works be identified in a condition with other relevant plans. In addition a standard landscape scheme condition would appropriately provide for the implementation and 5 year maintenance of new planting.
Provision of amenity and play space
On promoting healthy communities, paragraph 69 of the NPPF sets out that planning policies and decisions should aim to achieve places which promote safe and accessible developments, contain clear and legible pedestrian routes, and high quality public space which encourage the active and continual use of public areas.
Paragraph 70 states that planning policies and decisions should plan positively for the provision and use of shared space, community facilities and other local services to enhance the sustainability of communities and residential environments.
Paragraph 73 states that access to high quality open spaces and opportunities for sport and recreation can make an important contribution to the health and well-being of communities. Paragraph 75 states that planning policies should protect and enhance public rights of way and access.
Policy H10 of the Local Plan addresses amenity and play space in housing developments. Although there are no set standards for garden sizes, the policy requires that a usable ‘outdoor area’ should be provided in association with residential development and that ‘appropriate provision for children’s play’ is required. The commentary text to Policy H10 highlights that a Local Area for Play should be provided on all developments of 15 or more dwellings.
The proposal provides private and minimal shared outdoor amenity areas. However, given that the proposal incorporates dwellings suitable for family occupation Officers consider that the proposal should make appropriate provision for children’s play.
Officers acknowledge that although the proposal makes provision for private and some minimal shared amenity space, it is considered that the proposal, overall, does not make appropriate provision for children’s play. As such Officers consider that the proposal is contrary to Policy H10 of the Local Plan.
Neighbouring amenity
The National Planning Policy Framework identifies that within the overarching roles that the planning system ought to play, a set of core land use planning principles should underpin both plan-making and decision making. These 12 principles include that planning should seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings.
These principles are supported by Policies D1 and D4 of the Local Plan and guidance contained within Council’s SPD for Residential Extensions. Policy D4 of the Local Plan 2002 outlines the Council’s overarching guidance regarding the design and layout of development, and states under criterion c) that development should not significantly harm the amenities of occupiers of neighbouring properties by way of overlooking, loss of daylight or sunlight, overbearing appearance or other adverse environmental impacts. Similarly, Local Plan Policy D1, which outlines the considerations the Council will have to the environmental implications of development, states that development will not be permitted where it would result in material loss of general amenity, including material loss of natural light and privacy enjoyed by neighbours and disturbance resulting from the emission of noise, light or vibration.
The proposed residential development is considered to be laid out in such a way that there would be sufficient separation distances towards the residential properties sited towards the north, east and west of the application site. The proposed development at its closest point to the residential properties sited along The Chantrys, would maintain a minimum separation distance of 14m towards these properties
The applicant has submitted a report entitled “overshadowing to gardens and open spaces study” (dated July 2013), which has assessed the potential impact of the proposal on the provision of light towards the neighbouring properties at nos. 41 to 75 The Chantrys and nos. 1 to 13 Mount Pleasant. The report concludes that the proposed development would have a very low impact on the light receivable by the gardens of these neighbouring properties and that the proposed development would satisfy the requirements set out in the Building Research Establishment (BRE) guide ‘Site Layout Planning for Daylight and Sunlight’.
It is also important to ensure that a satisfactory standard of amenity is provided for the future occupiers of the proposed development. The applicant has provided a daylight and sunlight study for the proposed development with the aim of ensuring the proposed habitable rooms within plots 5 to 9 should receive satisfactory levels of daylight and sunlight. The report concludes that satisfactory levels of sunlight and daylight would be provided for the proposed dwellings and the proposal would satisfy the requirements set out in the BRE guide ‘Site Layout Planning for Daylight and Sunlight’.
As such, officers consider that the proposed development would not result in a material loss of light or materially overbearing impact to these neighbouring properties.
The proposed dwellings would maintain sufficient separation distances towards neighbouring properties situated towards the north, east and west of the application site with a minimum separation distance of 22m. In addition, a landscaping buffer zone would be created towards the rear of plots 17 to 22 on the northeastern boundary of the application site and on the southwestern boundary towards the rear of plots 5 to 9. The screening afforded on these boundaries and the sufficient separation distances would ensure the proposed dwellings would not result in a material loss of privacy or directly overlook the rear amenity spaces or rear windows of these neighbouring properties.
The sufficient separation distances towards the neighbouring properties situated towards the north, east and west of the application site would also ensure the proposed development would not result in significant levels of noise disturbance or light pollution towards these neighbouring properties.
Contamination on site
Paragraph 120 of the NPPF states that planning decisions should ensure that new development is appropriate for its location. The effects (including cumulative effects) of pollution on health, the natural environment or general amenity, and the potential sensitivity of the area of the area or proposed development to adverse effects from pollution, should be taken into account. Where a site is affected by contamination or land stability issues, responsibility for securing a safe development rests with the developer and/or landowner.
Policy D1 of the Local Plan sets out that development will not be permitted where it would result in material detriment to the environment by virtue of potential pollution of air, land or water and from the storage and use of hazardous substances. The supporting text indicates that development will not be permitted unless practicable and effective measures are taken to treat, contain or control any contamination. Wherever practical, contamination should be dealt with on the site.
The application is accompanied by a contamination investigation, which sets out that the potentially contaminative historic usage at the site (including underground fuel storage at unidentified locations) and recommends further investigation and development and implementation of a remediation strategy prior to residential development at the site.
The Council’s Environmental Health Service has scrutinised the contamination investigation and agrees with the conclusions made. A number of conditions are recommended regarding the submission of a detailed remediation scheme.
Therefore, officers raise no objection in relation to the proposed remediation of contamination and the proposal is considered to comply with Policy D1 of the Local Plan.
Archaeological considerations
Paragraph 128 of the NPPF sets out that in determining applications, local planning authorities should require an applicant to describe the significance of any heritage assets affected, including any contribution made by their setting. The level of detail should be proportionate to the assets’ importance and no more than is sufficient to understand the potential impact of the proposal on their significance.
The site exceeds 0.4 ha in size and therefore an archaeological assessment is technically requested under Local Plan Policy HE15. The views of the County Archaeologist have not yet been received and will be the subject of an oral report to the meeting.
Biodiversity and compliance with Habitat Regulations 2010
The NPPF states that the Planning System should contribute to and enhance the natural and local environment by minimising impacts upon biodiversity and providing net gains in biodiversity where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures.
When determining planning applications, local planning authorities should aim to conserve and enhance biodiversity
In addition, Circular 06/2005 states ‘It is essential that the presence or otherwise of protected species and the extent that they may be affected by the proposed development, is established before planning permission is granted.’
Policy D5 of the Local Plan sets out that development in both urban and rural areas should take account of nature conservation issues.
The application is accompanied by an Ecology Survey Report dated June 2013. The report concludes that subject to the applicant adopting the recommendation contain with the survey report, that the proposal would not have any detrimental impact on the ecology of the site (including any European or nationally designated species or habitats) or its surroundings. The Surrey Wildlife Trust concurs with the views of the submitted survey.
Officers consider that the biodiversity value of the site would be conserved and possibly improved through the provision of soft landscaping. As such the proposal complies with policy D5 of the Local Plan.
Sustainability / Climate Change
On meeting the challenge of climate change, paragraph 93 of the NPPF states that planning plays a key role in helping shape places to secure radical reductions in greenhouse gas emissions, minimising vulnerability to and providing resilience to the impacts of climate change, and supporting the delivery of renewable and low carbon energy and associated infrastructure. This is central to the economic, social and environmental dimensions of sustainable development.
Paragraph 96 of the NPPF states that, in determining planning applications, local planning authorities should expect new development to:
- Comply with Local Plan policies on local requirements for decentralised energy supply unless it can be demonstrated by the applicant, having regard to the type of development involved and its design, that it is not feasible or viable; - Take account of landform, layout, building orientation, massing and landscaping to minimise energy consumption.
Paragraph 99 of the NPPF states that Local Plans should take account of climate change over the longer term, including factors such as flood risk, and changes to biodiversity and landscape.
Policy D3 of the Local Plan relates to the minimisation in the use of non- renewable resources.
In support the application the applicant has indicated that the proposed dwellings would constructed to Code Level 3 of the Code for Sustainable Homes.
In the absence of any specific policy backing with regards to sustainability standards Officers welcome the commitment to build to Code level 3 and acknowledge the development of previously developed land (brownfield) coupled with the sites good location in terms of access to the Town Centre, would result in an overall form of sustainable development.
Air Quality
Paragraph 120 of the NPPF states that planning decisions should ensure that new development is appropriate for its location. The effects (including cumulative effects) of pollution on health, the natural environment or general amenity, and the potential sensitivity of the area of the area or proposed development to adverse effects from pollution, should be taken into account.
Paragraph 124 states that planning policies should sustain compliance with and contribute towards EU limit values or national objectives for pollutants, taking into account the presence of Air Quality Management Areas and the cumulative impacts on air quality from individual sites in local areas. Planning decisions should ensure that any new development in Air Quality Management Areas is consistent with the local air quality action plan.
Policy D1 of the Waverley Borough Local Plan 2002 states that the Council will have regard to the environmental implications of development and will promote and encourage enhancement of the environment. Development will not be permitted where it would result in material detriment to the environment by virtue of inter alia (c) loss of general amenity, including material loss of natural light and privacy enjoyed by neighbours and disturbance resulting from the emission of noise, light or vibration; (d) levels of traffic which are incompatible with the local highway network or cause significant environmental harm by virtue of noise and disturbance; (e) potential pollution of air, land or water, including that arising from light pollution and from the storage and use of hazardous substances; In the same vein Policy D2 states that the Council will seek to ensure that proposed and existing land uses are compatible. In particular inter alia (a) development, which may have a materially detrimental impact on sensitive uses with regard to environmental disturbance or pollution, will not be permitted.
The proposal would involve construction work within the buffer zone to the Air Quality Management Area (AQMA) OF Farnham. The Council’s Air Quality Officer has not raised any objections in principle; however, there are concerns raised relating to potential emissions during any deconstruction and construction phases of the project, which may potentially affect existing receptors in the buffer zone of the AQMA.
The Council’s Air Quality Officer has considered the information submitted with the transport statement and has advised that predictions for a 46% reduction in vehicular movements are unlikely to be realistic. The Farnham Traffic Management and Low Emission Feasibility Study carried out by AEA Technology (April 2012) notes that the highest emissions affecting the Farnham AQMA are directly related to diesel cars and not HGVs and buses. Mitigation measures are therefore required in order to offset the additional facilities being provided.
The Council’s Air Quality Officer recommends the imposition of planning conditions, including one to secure the implementation of a Low Emission Strategy, if planning permission is granted.
Subject to the imposition of suitable conditions Officers consider that the proposal complies with D1 of the Local Plan and guidance contained in the NPPF on air quality.
Flooding and Drainage considerations
Paragraph 103 of the NPPF 2012 states that when determining planning applications, local planning authorities should ensure flood risk is not increased elsewhere. The Technical Guidance which accompanies the NPPF outlines, in Table 1 that for sites in Flood Zone 1, development proposals comprising one hectare or above should take account of vulnerability to flooding from other sources as well as from river and sea flooding, and also the potential to increase flood risk elsewhere.
The application site is located in the lowest risk area for flooding, Flood Zone 1, and is not over 1ha in size. As such a Flood Risk Assessment has not been submitted with the application. However, Officers note that if approved the scheme includes for a significant reduction in the amount of hard surfacing which would be a benefit in terms of surface water runoff.
The applicant has included in his submission that the scheme would include a Sustainable Drainage System. This could be secured by planning condition if planning permission is granted.
The proposed development is considered to meet the requirements of the NPPF with regards to flooding and drainage.
Infrastructure
Policy D13 of the Local Plan states that “development will only be permitted where adequate infrastructure, services and facilities are available, or where the developer has made suitable arrangements for the provision of the infrastructure, services and facilities directly made necessary by the proposed development. The Council will have regard to the cumulative impact of development, and developers may be required to contribute jointly to necessary infrastructure improvements”. Local Plan Policy D14 goes on to set out the principles behind the negotiation of planning obligations required in connection with particular forms of new development. At the time of the previous application, guidance upon the content of legal agreements was provided by Circular 05/05. This has now been cancelled. The current tests for legal agreements are set out in Regulation 122 (2) of the CIL Regulations 2010 and the guidance within the NPPF.
The three tests as set out in Regulation 122(2) require s106 agreements to be: - Necessary to make the development acceptable in planning terms; - Directly related to the development; and - Fairly and reasonably related in scale and kind to the development.
The Council adopted a SPD on Infrastructure Contributions in April 2008. The policy requires developments which result in a net increase in dwellings to contribute towards infrastructure improvements in the Borough. This is the starting point for calculating the contribution.
The SPD sets out the basis for calculating the formulae and standard charges relating to the amount of contribution required for each development. The Planning Infrastructure Calculator concludes that the total charge payable for the erection of 22 dwellings (mixed size) outside of Farnham Town Centre, replacing 1,810sqm of storage and distribution space, would equal £227,315.21
As discussed above the applicants have submitted a Viability Study with their application. The Viability study justifies the absence of affordable housing provision and the provision of planning contributions of £230,000. The officers are seeking further expert advice in relation to the additional £100,000 contribution and an oral report will be made on viability.
Financial Considerations
Section 70 subsection 2 of the Town and Country Planning Act 1990 (as amended) states that any local financial considerations are a matter to which local planning authorities must have regard to in determining planning applications; as far as they are material for the application.
The weight to be attached to these considerations is a matter for the committee.
Local financial considerations are defined as grants from Government or sums payable to the authority under the Community Infrastructure Levy (CIL). This means that the New Homes Bonus (NHB) is capable of being a material consideration where relevant. In the current case, the approval of the application would mean that the NHB would be payable for the net increase in dwellings from this development. The Head of Finance has calculated the indicative figure of £1,450 per net additional dwelling, £31,900 per annum for six years for the 22 units proposed in the development. A supplement of £350 over a 6 year period is payable for all affordable homes provided for in the proposal.
In addition, the applicant has offered to make a contribution of either £100,000 towards the Waverley Training Services (WTS) department or towards employing local apprentices on site (or such other employment related service). Members will need to assess the weight to attach to this financial consideration in arriving at their determination.
Environmental Impact Assessment Regulations 2011
The proposed development does not exceed the relevant thresholds stated in Schedule 2 of the EIA Regulations. It has been concluded that likely significant environmental effects would not occur. The proposed scheme therefore does not constitute EIA development.
Crime and Disorder
S17 (1) of the Crime and Disorder Act 1998 places a duty to consider crime and disorder implications on local authorities in exercising its various functions, each authority should have due regard to the likely effect of those functions on, and the need to do all that it can to prevent, crime and disorder in its area. This requirement is reflected in the National Planning Policy Framework, which states that planning policies and decisions should promote safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion.
Paragraph 69 of the National Planning Policy Framework 2012 highlights that the planning system can play an important role in facilitating social interaction and creating healthy, inclusive communities, to this end planning polices and decision should aim to achieve places which promote inter alia safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion.
The layout of the scheme is such that there is natural surveillance for most public areas of the development and a minimum of dead, inactive edges within the layout. The public spaces in the development would be integrated and overlooked by residential properties, which is positive.
There is some concern regarding the lack of natural surveillance for some of the shared car park areas. This lack of natural surveillance would not be in line with best practice, which would integrate parking within the layout of the development rather than separating it. However, it is recognized that there is a design challenge in providing enough parking spaces without the visual impression of the area being dominated by the parking areas. It is considered that the proposal has struck a reasonable balance in this regard.
On balance, it is considered that the proposal would not lead to crime and disorder in the local community and would accord with the requirements of the NPPF.
Effect upon Special Protection Area
The application site is located within the 5km buffer zone of the Wealden Heaths and Thames Basin Heaths SPA.
The site is located within the 5km of the Thames Basin Heathland Special Protection Area (SPA). The proposal comprises the erection of 22 no. dwellings and would result in an increase in people (permanently) on the site.
The three tests as set out in Regulation 122(2) require S106 agreements to be:
(a) necessary to make the development acceptable in planning terms; (b) directly related to the development; and (c) fairly and reasonably related in scale and kind to the development.
In order for the development to be acceptable in planning terms, a S106 agreement is required as part of any subsequent planning approval to secure a financial contribution (£73,699.85) towards a SANG, in line with the Waverley Borough Council Thames Basin Heaths Special Protection Area (TBH SPA) Avoidance Strategy (December 2009). This Strategy was formally adopted by the Council on 13th December 2009.
In line with this strategy and the requirements of Regulation 48 of the Habitats Regulations, a unilateral undertaking is required to ensure that the additional residential unit proposed by this development will not have any likely significant effect on the TBH SPA. The level of financial contribution sought is required to be in line with the specific tariffs set out in the adopted Avoidance Strategy, which relate to the number of residential units and number of bedrooms proposed. The relevant s106 agreement has yet to be completed to secure the financial contribution. A legal agreement would need to be concluded to secure this, should permission be granted.
Water Frameworks Regulations
The European Water Framework Directive came into force in December 2000 and became part of UK law in December 2003. It gives us an opportunity to plan and deliver a better water environment, focusing on ecology. It is designed to:
enhance the status and prevent further deterioration of aquatic ecosystems and associated wetlands which depend on the aquatic ecosystems promote the sustainable use of water reduce pollution of water, especially by ‘priority’ and ‘priority hazardous’ substances ensure progressive reduction of groundwater pollution
The proposal would not conflict with these regulations.
Equality Act 2010 Implications
The Equality Act 2010 states in Section 49 that:
“A public authority must, in the exercise of its functions, have due regard to the need to-
a) Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act; b) Advance equality of opportunity between persons who share a relevant protected characteristic and those who do not share it; c) Foster good relations between persons who share a relevant protected characteristic and those who do not share it.”
The Council’s consideration of the proposed application is considered to comply with these duties.
Human Rights Implications
The proposal has no material implications relating to human rights.
Third Party and Town Council comments
Officers have carefully considered the views of the Town Council; however, for the reasons set out within the report officers consider that the applicants have not provided justification for the loss of the employment land nor would the scheme make appropriate provision for children’s play.
Article 2(3) Development Management Procedure (Amendment) Order 2012 Working in a positive/proactive manner
In assessing this application, officers have worked with the applicant in a positive and proactive manner consistent with the requirements of paragraphs 186-187 of the NPPF. This included the following:-
a) Provided pre application advice to seek to resolve problems before the application was submitted and to foster the delivery of sustainable development.
b) provided feedback through the validation process including information on the website, to correct identified problems to ensure that the application was correct and could be registered;
c) Have suggested, accepted and negotiated amendments to the scheme to resolve identified problems with the proposal and to seek to foster sustainable development.
d) Have proactively communicated with the agent through the process to advise progress, timescales or recommendation.
Conclusion
The proposed development would contribute significantly towards housing supply in the Borough, which would also benefit the local economy.
The scheme provides sufficient parking, contributes towards local infrastructure and provides on-site affordable housing. The scheme is considered to be acceptable in a number of ways in planning terms, subject to conditions and the relevant legal agreement. Whilst the layout and design of the proposed development are considered to be acceptable and would result in a visual improvement to the character of the area. However, sufficient space would not be created for the provision of a children’s play area and as such would be contrary to Policy H10 of the Local Plan 2002 and paragraph 160 and 161 of the NPPF.
In addition, the application has not demonstrated that a redevelopment of the site for residential purposes is acceptable in principle and the loss of suitable located industrial land has not been robustly justified. As such the proposal would be contrary to Policies IC1, IC2, IC3 and IC4 of the Local Plan 2002. As such, planning permission should be refused.
Recommendation
That, subject to the consideration of the views of the County Archaeologist and further response from external consultants regarding financial viability and the assessment of the SHMA 2013 (draft), permission be REFUSED, for the following reasons:
1. Reason The proposal would result in the loss of established and suitably located employment land. The applicant has not demonstrated that any potential for the site to be used for employment development has been thoroughly examined. The proposal would result in the loss of suitably located industrial land and would therefore conflict with Policies IC1, IC2, IC3 and IC4 of the Waverley Borough Local Plan 2002 and guidance contained within the National Planning Policy Framework 2012.
2. Reason The proposal does not make appropriate provision for space for a children's play area and as such the proposal would be contrary to Policy H10 of the Local Plan.
Informatives
1. The plan numbers relevant to this decision are:
FSW 12-940-110 Rev F, FSW 12-940-117, FSW 12-940-130 Rev E, FSW 12- 940-146, FSW 12-940-146, FSW 12-940-160 Rev C, FSW 12-940-160 Rev C, FSW 12-940-170 Rev G, FSW 12-940-180 Rev a, FSW 12-940-200, FSW 12- 940-201, FSW 12-940-50 Rev B, FSW 12-940-51, FSW 12-940-52, FSW 12- 940-52 Rev a, FSW 12-940-53, FSW 12-940-55 Rev d, FSW 12-940-55 Rev P, FSW 12-940-700 Rev F, FSW 12-940-701 Rev E, FSW 12-940-702 Rev A, FSW 12-940-702 Rev d, FSW 12-940-706 Rev A, Southern Testing 10k Raster Mapping 2006, Southern Testing 10k Raster Mapping 2011, Southern Testing Additional Sims 1978-1992, Southern Testing Borehole Map - Slice A, Southern Testing Estimated Soil Chemistry Cadmium - Slice A, Southern Testing Estimated Soil Chemistry Arsenic - Slice A, Southern Testing Estimated Soil Chemistry Chromium - Slice A, Southern Testing Estimated Soil Chemistry Lead - Slice A, Southern Testing Estimated Soil Chemistry Nickel - Slice A, Southern Testing Flood Map - Slice A, Southern Testing Hampshire & Isle of Wight 1911-1913, Southern Testing Hampshire & Isle of Wight Historical Slice A 1874, Southern Testing Hampshire & Isle of Wight Historical Slice A 1898-99, Southern Testing Hampshire & Isle of Wight Historical Slice A 1898-99, Southern Testing Historical Aerial Photography 1949, Southern Testing Historical Data Report - Segment A13, Southern Testing Historical Data Report - Slice Map A Southern Testing Historical Map - Slice A, Southern Testing Historical Map - Slice A Historical Mapping and Photography Included, Southern Testing Index Map, Southern Testing Large Scale national grid data 1993, Southern Testing Large Scale national grid data 1994-5, Southern Testing Ordnance Survey Plan 1955, Southern Testing Ordnance Survey Plan 1960, Southern Testing Ordnance Survey Plan 1962, Southern Testing Ordnance Survey Plan 1966, Southern Testing Ordnance Survey Plan 1968, Southern Testing Ordnance Survey Plan 1973, Southern Testing Ordnance Survey Plan 1979, Southern Testing Site Sensitivity Map - Segment A13, Southern Testing Site Sensitivity Map - Slice A, Southern Testing Supply of unpublished survey information 1976, Southern Testing Surrey Historical map Segment A13 1916, Southern Testing Surrey Historical map Segment A13 1871, Southern Testing Surrey Historical map Segment A13 1897, Southern Testing Surrey Historical map Segment A13 1936, Southern Testing Surrey Historical Map Slice A 1898, Southern Testing Surrey Slice A 1938, Indicative Site Layout Plan Dwg FSW 12-940-55 SK and Indicative Site Layout Plan FSW 12-940-55-SK.
2. The Council confirms that in assessing this planning application it has worked with the applicant in a positive and proactive way, in line with the requirements of paragraph 186-187 of the National Planning Policy Framework 2012.