(Revision of WA/2019/0001) at Land at 18 Moor Park Lane, Farnham GU9 9JB

A2 WA/2019/1610 - Erection of a new dwelling (revision of WA/2019/0001) at Land At 18 Moor Park Lane, Farnham GU9 9JB

Applicant: N Hibbert Ward: Farnham Moor Park Case Officer: Philippa Staddon

Neighbour Notification Expiry Date 09/01/2020 Extended expiry date 10/07/2020

RECOMMENDATION That, subject to conditions, permission be GRANTED

1. Summary

The application has been brought before the Area Committee at the request of the Local Ward Member.

The application proposes the erection of a detached two-storey dwelling to the south west of no. 18 Moor Park Lane. The application follows a previous refusal at the site for the erection of a detached dwelling and garage. This application was refused on the basis that the design, scale and bulk of the dwelling would be out of keeping with the character of the surrounding area, the ASVI, the setting of an adjacent listed building and the potential Conservation Area.

It is important to note the principle of a dwelling at the site was considered to be acceptable. However, the proposed design, scale and bulk of the previous proposal was considered to be unacceptable.

This revised scheme reflects an early 20th Century arts and crafts building in keeping with the existing dwelling at no. 18. The scale and bulk have been reduced and a garage is no longer proposed. On this basis, Officers consider that the previous concerns have been addressed and the proposal is considered to result in development that would be in keeping with the character of the surrounding area and ASVI, would have an acceptable impact on the setting of the adjacent listed building and the potential Conservation Area.

The proposal would have an acceptable impact on neighbouring residential amenity and would provide a good standard of accommodation and amenity space for future occupiers. No concern is raised with regard to highway safety and sufficient parking would be provided.

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2. Location Plan

3. Site Description

The application site is located to the north of Moor Park Lane, on the island within the centre of the Shepherd and Flock roundabout. The site is located to the west of 18 Moor Park Lane, a detached two-storey dwelling, within the applicant’s ownership.

The site forms overgrown scrub land. The site rises from south to north.

The area is semi-rural in character with a linear cluster of residential properties to the west and a single dwelling, 18 Moor Park Lane to the east.

A bridleway runs to the south of the site along Moor Park Lane. This access does not form part of the public highway network

4. Proposal

The application proposes:

 The erection of a detached, 2-storey, 4-bedroom dwelling.

It should be noted that a separate application has been submitted for the erection of retaining walls and associated changes to land levels.

Page 2 of 20 Proposed Block Plan

Proposed Elevations

Front (southern) elevation Rear (northern) elevation

Page 3 of 20 Side (western) elevation

Side (eastern) elevation

Proposed Floor Plans

Ground Floor First Floor

5. Relevant Planning History

WA/2020/0212 Erection of retaining walls and Pending decision associated changes to land levels (revision of WA/2019/1909). WA/2019/0001 Erection of a new dwelling Refused 26/02/2019

6. Relevant Planning Constraints

Developed Area of Farnham / Built Up Area Boundary ASVI Potential Non-Designated Heritage Assets Ancient Woodland 500m Buffer Zone

Page 4 of 20 Thames Basin Heath SPA 5km Buffer Zone Wealden Heaths I SPA 5km Buffer Zone Potentially Contaminated Land

7. Relevant Development Plan Policies and Guidance

 Waverley Borough Local Plan (Part 1): Strategic policies and sites (adopted February 2018): TD1, ST1, SP1, SP2, HA1, RE3, NE1, NE3, CC2  Farnham Neighbourhood Plan 2013-2032: FNP1, FNP9, FNP10, FNP12, FNP13, FNP30, FNP31  Waverley Borough Local Plan 2002 (retained policies February 2018): D1, D4,D7, C5  South East Plan: Saved policy NRM6

Other guidance:  The National Planning Policy Framework 2019 (NPPF)  The National Planning Practice Guidance 2014 (NPPG)  Residential Extensions Supplementary Planning Document 2010 (SPD)  Council’s Parking Guidelines (2013)  Surrey Vehicular and Cycle Parking Guidance (2018)  Farnham Design Statement (2010)  National Design Statement (2019)

8. Consultations and Town/Parish Council Comments

Farnham Town Objection to the erection of a new dwelling and extensive Council excavation at the site: - Application goes beyond previous permission - Not compliant with FNP1 in size and scale - Does not respect contours of the site - Negative impact on public realm - Would like to see results of enforcement action Natural England No objection subject to mitigation. South East Water No response received. Southern Water No response received. Thames Water No response received. Utilities County Highway No objection. Authority Council’s No objection, subject to conditions. Environmental Health Officer – Contaminated Land

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9. Representations

18 letters (from 9 addresses) have been received raising objection on the following grounds:

Design and heritage  Bulk and scale will result in material harm to the appearance of the area and street scene and the Area of Strategic Visual Importance.  Substantial harm to the setting of the nearby listed building and heritage aspects i.e. the Battle of Moor Park, 1897.

Highways, Right of Way and Parking  Increase in traffic on and off the roundabout.  Insufficient parking causing on-street parking.  Moor Park Lane is an unmade bridleway.  Applicant has no rights of access along a privately owned bridleway, see Land registry SY697841.  Conflict with Bridleway usage.  Lane is already badly damaged.

Application form and submission  Photographs presented with the access statement are not part of the Applicants site and are owned by another party.

Policy  Proposal conflicts with the Local Plan (Part 1) 2018, the Local Plan 2002, the Farnham Neighbourhood Plan 2017 and the NPPF.

Biodiversity  Proposal is in conflict with the biodiversity of the area.  Loss of mature trees.

Other  Owner has a history of planning violations including, unauthorised building and engineering works; using the unauthorised outbuilding for residence.  Large quantities of soil removed on site.  Disturbance to the existing ground and ground levels causing drainage and stability problems.  Proximity to similar care home.

Page 6 of 20 Planning Considerations:

10. Principle of development

Policy SP2 sets out the spatial strategy for the borough up to 2032 and seeks to focus development at the four main settlements. The proposal is in the developed area of Farnham and therefore accords with the spatial strategy.

11. Planning history and differences with previous proposal

The planning history is a material consideration.

Planning permission has been previously refused for the erection of a detached, 2- storey dwelling with adjoined single garage to the south-east of the site.

The difference between the current proposal and that application is that the design has been revised to reflect an early 20th century arts and crafts building, not too dissimilar to no.18. In addition, the current proposal does not include an adjoined garage.

The test is whether having regard to the changes, the current proposal has overcome the objections to the previously refused scheme and is acceptable in its own right.

12. Housing Land Supply

The Council published its Five Year Housing Land Supply Position Statement in July 2019, with a base date of 1 April 2019. The document sets out a housing land supply of 5.2 years including an additional buffer of 20%. During the planning appeal for Land at Windacres Farm, Rudgwick, the Council acknowledged a few factual errors exist in the Five Year Housing Land Supply Position Statement. This resulted in the overall housing land supply reducing to 5.19 years. In some recent appeal decisions, including the decisions relating to the Land at Cox Green Road, Rudgwick and Land at Windacres Farm, Rudgwick, Inspectors felt that the evidence before them did not point to five years’ worth of housing supply. These appeal decisions are material considerations.

On 13 February 2020, the Government released the latest Housing Delivery Test results. Waverley achieved 85% delivery against its housing target. As a result the Council is no longer required to include a 20% buffer in its five year housing supply. Instead a 5% buffer has now been applied and this results in the Council having 5.9 years’ worth of supply. On this basis, the Council maintains its view that it has five years’ worth of housing land supply.

Page 7 of 20 13. Changes of use of the land

The site forms overgrown scrub land and is in the same ownership as the adjacent dwelling 18 Moor Park Lane. Given the land is within the developed area of Farnham officers are satisfied that the loss of this open land would not in itself be unacceptable, however, do not consider the site to form previously developed land and it therefore does not form a priority site for development. This does not mean, however, that the site is unacceptable for development in principle.

In addition, the principle of development on this site was previously found acceptable.

14. Undesignated Heritage Asset

The site has been identified as part of a potential non-designated heritage asset forming the Shepherd and Flock roundabout. The area has a unique form (within a roundabout) which has preserved its rural feel. This now differs from the development around it which has evolved and developed over time. It is one of only a few known places in the UK where drivers drive on the right side of the road, in order to gain safe entrance into the area from the busy roundabout surrounding it.

The construction of the roundabout has preserved within it what the wider landscape would have bene like 100 years ago. On the corner of Moor Park Lane where the pub stands would have been the original junction where Moor Park Lane joined Guildford Road. The area has two listed buildings and a building of local merit.

The area originally developed along the routes into Farnham with the pub at the junction. It is now in the middle of a roundabout as a result of improvements to the A31 in the 1960s.

The buildings on the roundabout vary in architectural styles, however, some of the most common features include dominant chimneys, string coursing, decorative bargeboards and shutters.

The vistas which are important to this area are along Moor Park Lane and towards the pub, where the area has a more rural feel and would have been a minor route into Farnham from the wider environs when originally constructed.

The area has been identified as a potential Conservation Area to ensure that the special interest of the area is protected. Whilst only very limited weight can be given to the impact on a potential future Conservation Area, it is considered that this should be taken into consideration when assessing the visual impact of the proposal more generally.

Page 8 of 20 Officers consider that the revised design, submitted with the current application, reflects an early 20th century arts and crafts building, not too dissimilar to no.18. Officers consider that the design of the proposal dwelling would be in keeping with the character of the surrounding area. On this basis, the proposal would have an acceptable visual impact on the potential future Conservation Area.

15. Setting of adjacent Listed Building

Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 states that in considering applications which affect Listed Buildings, Local Planning Authorities must have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

Policy HA1 of the Local Plan (Part 1) 2018 outlines that the Council will ensure that the significance of heritage assets are conserved or enhanced to ensure the continued protection and enjoyment of the historic environment. Retained Policies HE3 and HE5 of the Local Plan 2002 are afforded significant weight owing to their consistency with the NPPF 2018.

The proposed dwelling would be located approximately 40m to the north-east of 5 Moor Park Lane (Bourne Place) (locally listed) and the Former Stables to Bourne Place (a Grade II Listed Building) which was converted around 1930 to four residential flats with classical detailing by local architect H Y Margary, who also converted Bourne Mill. In respect of the significance of the designated and non- designated heritage assets, officers note that the bridleway that runs in front of the plot was once a major route running east to west between Winchester and Canterbury whilst also being a principle route to Waverley Abbey and Moor Park House. The latter, eighteenth century development of mill and labourers’ cottages and Victorian houses that sit on the lane are a reminder of the historic importance of the lane prior to the major twentieth century road reconfiguration.

Once entering the settlement, leaving the traffic behind, the lane has great charm retaining the pretty character of an isolated historic hamlet.

The Council’s Heritage Officer has been consulted on the proposal. Officers consider that the revised design, submitted with the current application does respond to the character of the surrounding area and as such would enhance the appearance of the area.

In light of the above, the proposal would not result in harm to the significance of the Heritage Asset and as such, would preserve the special interest and setting of the Listed Building. The proposal would therefore be in accordance with Section 66 of

Page 9 of 20 the Planning (Listed Buildings and Conservation Areas Act 1990, Policy HA1 of the Local Plan (Part 1) 2018 and retained Policies HE3 and HE5 of the Local Plan 2002.

16. Design and impact on visual amenity and the Area of Strategic Visual Importance

Policy RE3 of the Local Plan (Part 1) 2018 sets out that, pending a review in Local Plan Part 2, the Areas of Strategic Visual Importance (ASVIs) will be retained. The Appearance of the ASVI will be maintained and enhanced. Proposals for new development within the ASVI will be required to demonstrate that the development would not be inconsistent with this objective.

Policy TD1 of the Local Plan (Part 1) 2018 requires development to be of high quality design and to be well related in size, scale and character to its surroundings. Retained Policies D1 and D4 of the Local Plan 2002 are attributed substantial and full weight respectively due to their level of consistency with the NPPF 2019.

Farnham Design Statement guidelines for the area state that “New development should demonstrate how it relates to and is sympathetic to the local architecture in terms of scale, character and materials.

The previous scheme was considered to be out keeping with the character of the area given its plain appearance, bulk and scale. The revised design has removed the previously proposed garage which has significantly reduced the width of the proposed built form. Further, the proposed dwelling would be 2 storeys in height but would be built into the slope of the land, with the eastern elevation appearing as single storey. Officers consider that this would reduce the bulk and prominence of the dwelling.

The application proposes the use of red brick, render, timber detailing and red clay tiles. These materials are considered to be appropriate and in keeping with the host dwelling at no. 18 and the surrounding area. However, it is considered that the success of the design will be in the details and materials. As such, a number of conditions are recommended requiring details to be provided and agreed prior to the relevant works beginning.

The proposal would therefore be in accordance with Policies RE3 and TD1 of the Local Plan (Part 1) 2018, Policy FNP1 of the Farnham Neighbourhood Plan 2013- 2032 and Retained Policies D1 and D4 of the Local Plan 2002.

17. Impact on residential amenity

Policy TD1 of the Local Plan 2018 (Part1) seeks to ensure that new development is designed to create safe and attractive environments that meet the needs of users

Page 10 of 20 and incorporate the principles of sustainable development. Retained policies D1 and D4 of the Local Plan 2002 are given substantial and full weight respectively due to their consistency with the NPPF 2019.

There would be a 14m separation between the eastern elevation of the proposed dwelling and the western elevation of 18 Moor Park Lane. Given the proposed dwelling would only have a bathroom window at first floor level or above in the eastern elevation, this could be secured by condition to be obscurely glazed to prevent harm from inter-looking. Additionally, a condition could be secured to prevent the insertion of any additional windows at first floor level or above in the eastern elevation to prevent future harm from inter-looking.

Officers are satisfied that the proposed dwelling would be located such that it would not result in material harm to neighbouring residential amenity from loss of light or being overbearing.

The proposed dwelling is well separated from other residential properties. As such, it is considered that the proposed dwelling would not result in material harm to neighbouring residential amenity, subject to conditions.

The proposal would therefore be acceptable and in accordance with Policies TD1 of the Local Plan (Part 1) 2018, Policies FNP1 and FNP16 of the Farnham Neighbourhood Plan 2013-2032, Retained Policies D1 and D4 of the Local Plan 2002 and the Residential Extensions SPD.

18. Standard of accommodation and amenity space

Policy TD1 of the Local Plan (Part 1) 2018 seeks to maximise the opportunity to improve the quality of life, health and well-being of current and future residents through the provision of appropriate private, communal and public amenity space, appropriate internal space standards for new dwellings, on site playspace provision, appropriate facilities for the storage of waste and private clothes drying facilities.

The Government Technical Housing standards – nationally described space standards (2015) requires dwellings to meet certain internal space standards in order to ensure that an appropriate internal standard of accommodation has been provided for future occupiers. Until the Council has a Local Plan Policy in respect of these standards, they should only be given limited weight and used as guidance to inform the decision on this proposal.

The tables below show the size of the proposal compared to the technical guidelines.

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Room Sizes

Room Proposed size Compliance Bedroom 1 8.84m2 Exceeds 1 person standard (7.5m2) Bedroom 2 9.5m2 Exceeds 1 person standard (7.5m2) Bedroom 3 10.31m2 Exceeds 1 person standard (7.5m2) Bedroom 4 14.29m2 Exceeds 2 person standard (11.5m2)

Total Size

Dwelling Type Proposed Size Compliance 2 storey, 4-bedroom, 5 115.28m2 Exceeds standard (97m2) person

The proposed bedroom sized would exceed the standards and would provide space for internal storage and all bedrooms would have adequate light and outlook.

The proposed dwelling would have its own private garden which would be of a suitable size for the proposed dwelling. Officers therefore raise no concerns in this regard. Sufficient space existing for both waste and bicycle storage on site.

In light of the above, it is considered that the proposed development would have an acceptable standard of accommodation and would be acceptable in this regard.

19. Highways, access and parking

Policy ST1 of the Local Plan 2018 (Part 1) states that development schemes should be located where it is accessible by forms of travel other than by private car; should make necessary contributions to the improvement of existing and provision of new transport schemes and include measures to encourage non-car use. Development proposals should be consistent with the Surrey Local Transport Plan and objectives and actions within the Air Quality Action Plan. Provision for car parking should be incorporated into proposals and new and improved means of public access should be encouraged.

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 severe impact on the safety and

Page 12 of 20 operation of the adjoining public highway. The County Highway Authority therefore has no highway requirements.

Officers note the comments received from neighbouring occupiers (and those further afield). The application site is accessed via a private road which does not form part of the public highway. However, the County Highway Authority consider that the proposed development would not result in a significant increase in vehicular trips on the surrounding highway.

It is noted, however that Public Bridleway 123 runs adjacent to the application site. The applicant is reminded that it is an offence to obstruct or divert the route of a public right of way unless carried out in complete accordance with appropriate legislation.

The NPPF supports the adoption of local parking standards for both residential and non-residential development. The Council has adopted a Parking Guidelines Document which was prepared after the Surrey County Council Vehicular and Cycle Parking Guidance in January 2012. Policy ST1 of the Local Plan (Part 1) 2018 states that development schemes should have appropriate provision for car parking. Development proposals should comply with the appropriate guidance as set out within these documents.

According to the Council’s Parking Guidelines, a dwelling of this size should accommodate 2.5 vehicles parked for off-street parking. Officers are satisfied that sufficient space existing within the application site to accommodate this requirement.

20. Trees

Policy NE2 of the Local Plan (Part 1) 2018 states that the Council will seek, where appropriate, to maintain and enhance existing trees, woodland and hedgerows within the Borough. Retained Policies D6 and D7 of the Local Plan 2002 are attributed full and significant weight respectively due to their level of consistency with the NPPF 2018.

The Council’s Landscape and Tree Officer has been consulted on the application and considers that despite the extent of mature tree removal that has occurred in the past 15 years on the site, the lane still retains a verdant appearance with trees on either side.

The application is supported by the same Tree Plan and Arboricultural Impact Assessment as the previous application, which is not wholly representative of the current scheme that is proposed. However, from the submitted Block Plan it is considered that there would be no additional impacts to those previously assessed beyond closer proximity of built form to trees proposed for retention.

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The extent of trees and ground level changes to the west means that there will be foreseeable future pressures to further denude the landscape of trees to improve light levels to the new property. This is not likely considered to be a strong reason for refusal.

The Landscape and Tree Officer has recommended attaching a condition in respect of the agreement of a landscaping scheme to prevent any unacceptable harm in this regard.

21. Impact on Ancient Woodland

The application site is within 500m of ancient woodland. As the proposal is well separated from the woodland itself, it is not considered to be materially harmful and would be in accordance with Policy NE2 of the Local Plan (Part 1) 2018, retained Policies D6 and D7 of the Local Plan and paragraph 175 of the NPPF.

22. Potentially Contaminated Land

The site is in an area of potentially contaminated land as it form part of a former gravel pit. The Council’s Environmental Health Service has been consulted and noted that it is not known if the gravel pit has been infilled, and if so, with what type of material. As such, model contaminated land conditions have been recommended, should planning permission be granted. These would secure investigations and, if necessary, remediation. On this basis, the proposal is considered to be in accordance with Policy D1 of the Waverley Borough Local Plan and paragraphs 170 and 179 of the NPPF.

23. Effect on the SPA

The site is located within the 5km of the Thames Basin Heathland Special Protection Area (SPA). The proposal 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, to comply with the Conservation of Habitats and Species Regulations 2017 and to avoid a likely significant effect upon the Thames Basin Heaths SPA a S106 agreement is required as part of any subsequent planning approval to secure a financial contribution of

Page 14 of 20 £3,939 (£3,032 towards a SANG and £907 towards SAMM), in line with the Waverley Borough Council Thames Basin Heaths Special Protection Area (TBH SPA) Avoidance Strategy (July 2016). This figure is based on the proposal being a 4-bedroom house.

The pooling of contributions towards SANG, which is for the ongoing maintenance and enhancement of the SANG at Farnham Park, rather than the provision of new SANG, is not considered to be infrastructure and does not therefore need to comply with CIL Regulation 123.

Having regard to the completed unilateral undertaking, the effect upon the SPA would be mitigated in accordance with Policies NE1 and NE3 of the Local Plan 2018 (Part 1), Policy FNP12 of the Farnham Neighbourhood Plan 2017 and the adopted Avoidance Strategy.

24. Third Party Representations

Officers note the comments received from neighbouring occupiers and the Town Council. These are addressed in the above report and below:  It is an offence to disturb protected species. An informative is attached reminding the applicant of this.  It is an offence to obstruct a public right of way. An informative is attached reminding the applicant of this.  Rights of access are not material planning considerations.  The condition of the lane is not a material planning consideration.  The comments regarding the applicant are not relevant to the assessment of the application.

25. Conclusion

The principle of a dwelling at the site was previously considered to be acceptable, however the previous proposal was out of character with the area in terms of design, scale and bulk. The current proposal is considered to be in keeping with the character of the surrounding area and ASVI, would have an acceptable impact on the setting of the adjacent listed building and the potential Conservation Area.

The planning balance assessment concludes that the proposal is in accordance with the Development Plan, as such, planning permission is recommended for approval.

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Recommendation

That permission be GRANTED subject to the following conditions:

1. Condition: The plan numbers to which this permission relates are: 001, 002 and 003. 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 FNP1 and FNP16 of the Farnham Neighbourhood Plan, Retained Policies D1 and D4 of the Waverley Borough Local Plan 2002 and Policy TD1 of the Local Plan Part 1 2018.

2. Condition: No above ground development shall take place until samples of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reason: In the interest of the character and amenity of the area in accordance with Retained Policies D1 and D4 of the Waverley Borough Local Plan 2002 and Policy TD1 of the Local Plan Part 1 2018.

3. Condition: Before relevant works begins, drawings to a scale not smaller than 1:5 fully describing 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: Windows, these drawings must show: -Cross section frame, transom, mullions, glazing bars etc -Method of opening Roof details including sections through: -Roof ridge -Eaves -Verges and bargeboards

Page 16 of 20 Reason: In the interest of the character and amenity of the area in accordance with Retained Policies D1 and D4 of the Waverley Borough Local Plan 2002 and Policies HA1 and TD1 of the Local Plan Part 1 2018.

4. Condition: Before relevant works begins, samples or specifications of external materials and surface finishes 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.

Reason: In the interest of the character and amenity of the area in accordance with Retained Policies D1 and D4 of the Waverley Borough Local Plan 2002 and Policies HA1 and TD1 of the Local Plan Part 1 2018.

5. Condition: The first floor window in the eastern elevation shall be fixed shut to a height of 1.7m and glazed with obscure glazing to the extent that intervisibility is excluded and shall be retained.

Reason: Having regard to the relationship with neighbouring properties and to accord with Retained Policies D1 and D4 of the Waverley Borough Local Plan 2002 and Policy TD1 of the Local Plan Part 1 2018.

6. Condition: Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (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 eastern elevation of the dwelling hereby permitted without the written permission of the Local Planning Authority.

7. Condition: Prior to commencement of development, other than that required to be carried out as part of demolition or approved scheme of remediation, the following shall be submitted to and approved in writing by the Local Planning Authority:

Page 17 of 20 a) An investigation and risk assessment, in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The investigation and risk assessment shall be undertaken by a competent person as defined in Annex 2: Glossary of the NPPF. b) If identified to be required, a detailed remediation scheme shall be prepared to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property. The scheme shall include (i) All works to be undertaken (ii) Proposed remediation objectives and remediation criteria (iii) Timetable of works (iv) Site management procedures The scheme shall ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. The remediation works shall be carried out in strict accordance with the approved scheme. The Local Planning Authority shall be given two weeks written notification of commencement of the remediation scheme works.

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

8. Condition: Upon completion of the approved remediation works, a verification report demonstrating the effectiveness of the approved remediation works carried out shall be completed in accordance with condition 7 and shall be submitted to the Local Planning authority for approval prior to occupation of the development.

Page 18 of 20 development can be carried out safely without unacceptable risk from land contamination.

9. Condition: Following commencement of the development hereby approved, if unexpected contamination is found on site at any time, other than that identified in accordance with Condition ?, the Local Planning Authority shall be immediately notified in writing and all works shall be halted on the site. The following shall be submitted and approved in writing by the Local Planning Authority prior to the recommencement of works: a) An investigation and risk assessment, undertaken in the manner set out in Condition 7 of this permission. b) Where required, a remediation scheme in accordance with the requirements as set out in Condition 7. c) Following completion of approved remediation works, a verification report, in accordance with the requirements as set out in Condition 7.

10. Condition: No development shall commence on site until a scheme for the landscaping and replacement tree planting of the site, including the retention of existing landscape features, has been submitted to and approved in writing by the local planning authority. Landscaping schemes shall include details of hard landscaping, planting plans, written specifications (including cultivation and other operations associated with tree, shrub, and hedge or grass establishment), schedules of plants, noting species, plant sizes and proposed numbers/densities and an implementation programme. All hard and soft landscaping work shall be completed in full accordance with the approved scheme, prior to occupation or use of the approved development or in accordance with a programme agreed in writing with the local planning authority. All new tree planting shall be positioned in accordance with guidelines and advice contained in the current British Standard 5837. Trees in relation to construction. Any trees shrubs or plants planted in accordance with this condition which are removed, die or become damaged or become

Page 19 of 20 diseased within five years of planting shall be replaced within the next planting season by trees, and shrubs of the same size and species.

Reason: In the interest of the character and amenity of the area in accordance with Policy TD1 of the Local Plan 2018 (Part 1) and retained Policies D1 and D4 of the Local Plan 2002.

Informatives

1. The applicant is reminded that it is an offence to disturb protected species under the Wildlife and Countryside Act 1981. Should a protected species be found during the course of the works, the applicant should stop work and contact Natural England for further advice on 0845 600 3078.

2. The developer is advised that Public Bridleway 123 runs adjacent to 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.

3. Community Infrastructure Levy (CIL)

The development hereby permitted is CIL liable.

'CIL Form 6: Commencement Notice' must be received by the Council prior to the commencement of development. Commencement of development is defined in Regulation 7 of the CIL Regulations 2010 (as amended).

Failure to adhere to the CIL Regulations and commencing work without notifying the Council could forfeit any rights you have to exemptions, payment by instalments and you may also incur surcharges.

For further information see our webpages (www.waverley.gov.uk/CIL) or contact [email protected]

4. The Council confirms that in assessing this planning application it has worked with the applicant in a positive and proactive way, in line with the requirements of Paragraph 38 of the National Planning Policy Framework 2019.

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