Schedule “B” to the Agenda for the Eastern Planning Committee 17 April 2013

SCHEDULE “B” TO THE AGENDA FOR THE EASTERN PLANNING COMMITTEE 17 APRIL 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/2013/0288 Change of Use of site from Class B2 (General Gastonia Coaches Ltd Industrial) to Sui Generis (Car Sales, Car 05/03/2013 Washing and operation of a coach business) at Gastonia Coaches, Manfield Park, Cranleigh GU6 8PT

Committee: Eastern Area Meeting Date: 17/04/2013

Public Notice Was Public Notice required and posted: NA Grid Reference: E: 504858 N: 140100

Parish : Cranleigh Ward : Cranleigh West Case Officer: Mrs H Hobbs

8 Week Expiry Date 30/04/2013 Neighbour Notification Expiry Date 05/04/2013

RECOMMENDATION That, subject to conditions, permission be GRANTED

The application has been bought before the Area Committee at the request of the Ward Member

Location or Layout Plan

Guildford Road

Application site

Estate road

Site Description

The application site measures 0.14 ha. excluding the access road of 0.13 ha. The site, currently partly occupied by Gastonia Coaches for the storage and routine maintenance of the coaches, is at the eastern end of Manfield Park which is an industrial estate on the eastern side of Guildford Road between Rowly and Cranleigh.

To the east of the site, at a higher ground level, are sports pitches for Cranleigh School. The main school complex is more than 300m to the east. To the south is land previously part of the Manfield Brickworks which is overgrown.

The site comprises a workshop with ancillary offices and staff rest rooms of 608 sq.m. and a yard part of which is bunded and currently used for the washing of coaches. The lawful use of the site is for vehicle repairs a B2 use (General Industrial)

Proposal

Planning permission for a change of use from Class B2 (General Industry) to a sui generis use is sought. This would facilitate the use of the site by Walton Motors. This company is currently occupying, without the benefit of a planning permission, “The Lodge” at the entrance to Manfield Park.

The site was previously partially occupied by Gastonia Coaches and Arriva Countryliner (buses) for purposes of repair and maintenance. ‘Gastonia Coaches’ is continuing to operate from the site and uses it as a base for the operation of the company. It is proposed that Gastonia Coaches would share the site with the proposed car sales and car washing business.

Relevant Planning History

WA/1997/0893 land adjacent Erection of a light industrial unit together Full Permission Manfield with ancillary works. 15/08/1997 Industrial Park, WA/1995/0449 Unit 14 Manfield Erection of extensions (as amplified by Full Permission Park, letter and plans received 17/07/95). 19/07/1995 WA/1992/0296 Alder Valley Bus Alterations to existing building; alteration Full Permission Depot Manfield to parking area with new hardstanding; 22/05/1992 Park resiting of fuel tank and installation of 2 portaloos. WA/1990/0976 Manfield Park, Erection of two warehouse units, Full Permission including car parking and forecourt (as 11/03/1991 amended by letter received 21/08/90) WA/1988/0013 Gastonia Erection of two warehouse units, with Full Permission Coaches forecourt and parking area.(as amended 18/04/1988 Manfield Park by letter and plan received 4/3/88) WA/1987/2367 Gastonia Erection of single storey warehouse and Full Permission Coaches Ltd provision of parking spaces (revision of 24/03/1988 Manfield Park WA87/0346). WA/1987/0346 Gastonia Erection of single storey warehouse and Full Permission Coaches Ltd, provision of parking spaces, 10/07/1987 Manfield Park, WA/1983/1401 Gastonia Retention of mobile home to house night Full Permission Coaches, watchman/coach securityofficer 20/10/1983 Manfield Park, WA/1980/1501 Old Manfield, Construction of 10,000 sq ft. industrial Refused Brickworks workshops/warehousing in fourunits 14/11/1980 Appeal Allowed WA/1980/0499 Manfield Use of the Manfield Brickworks site to be Full Permission Brickworks, occupied by Gastonia CoachesLtd. for 29/05/1980 Gastonia Chauffeur Cars ( under same ownership and atpresent carrying on business from "Wakehurst", TheCommon, Cranleigh ) and the use by Gastonia Coaches Ltd. of the WA/1980/0239 Manfield Ground and first floor extensions Refused Brickworks, 03/04/1980 WA/1979/2039 Old Manfield Construction of 15,500 sq ft warehouse. Full Permission Brickworks , Construction of 12,500 sq ft industrial 07/02/1980 workshop. Form new access road and access from GuildfordRoad WA/1979/0446 Manfield Erection of commercial coach garage Full Permission Brickworks Site, office and stores ( pursuant 02/05/1979 toWA77/1603 )

WA/1977/1605 Manfield Site C Site for relocation of Gastonia Full Permission Brickworks. Coaches Limited including repair garage 12/02/1979 Guildford Road fuel store wash space and coach park Cranleigh. (outline) WA/1977/1604 Manfield Site B erection of A 15,500 sq.ft. Full Permission Brickworks warehouse (outline) 12/02/1979 WA/1977/1603 Manfield Site A and B Demolition of 13,800 sq.ft. Full Permission Brickworks, of brickwork building and building of 12/02/1979 12,500 sq.ft. industrial workshops on site adjoining S. L. Hill concrete products closing of two existing accesses and construction of new cul de sac road (outline)

Planning Policy Constraints

Suitably Located Industrial and Commercial Land ( subject to Policy IC2). Section 52 9secured the restoration of Manfield Brickworks site) Green Belt – outside any settlement Cranleigh Design Statement Potentially contaminated land

Development Plan Policies and Proposals

Policies D1, D4, D5, D10, IC2, C1, RD7, M2, M14 of the Waverley Borough Local Plan 2002

Policies CS1, CS9, CS17 of the Local Development Framework pre-submission Core Strategy

The Council is preparing its Core Strategy setting out the key strategic planning policies for the area up to 2028. The Council agreed the proposed pre-submission version of the Core Strategy at its meeting on 17 July 2012 and it was published for consultation on 16 August 2012. The Council approved the Core Strategy for submission on 22 January 2013 and it was formally submitted for Examination on 31 January 2013. As it stands only limited weight can be given to the emerging Core Strategy. However, this will increase as the Core Strategy progresses through Examination.

The National Planning Policy Framework 2012 (NPPF)

Consultations and Town/Parish Council Comments

County Highway Authority – Not yet received – to be reported orally

Cranleigh Parish Council – Not yet received – to be reported orally

Environment Agency – No objection to the proposal as submitted, the application form states that surface waster will be connected to the mains sewer so there is no risk to controlled waters.

Council’s Environmental Health Officer – No conditions recommended. The interceptors needed of the car wash facility appear to already be present at the site.

Council’s Estates and Valuation Manager - this does not meet the requirements for marketing for the following reasons:

 No Board  No advertising apart from a very limited email flyer that gives the wrong year for the property being empty  No details of rental level  No evidence that the stated agents, Westwood & Co, were actually instructed.  Not a long enough period for marketing.

Representations

None received.

Submissions in support

The applicant has submitted the following information to support the application:

 Gastonia Coaches is a local company established over 50 years ago and provides services and employment for the local community.  The premises form part of the depot at Manfield Park owed by Gastonia Coaches Ltd.  Gastonia has been on the site since 1979 when planning permission was given for commercial coach/bus garage with workshop, office, stores, paint shop and drivers’ rest room and parking for 30 coaches.  1980 planning permission given for additional use of the site for Gastonia Chauffeur Cars and a caravan agency and storage and sale of ten caravans.  In 1986, part of the suite was sublet to another operator.  Arriva Southern counties left the site in December 2012 due to the economic climate.  Since 2012, the applicant has been looking for a new tenant.  Two other units on Manfield Park are vacant.  Walton Motors currently occupy a site on Manfield Park but have to relocate because of an Enforcement Notice.  Walton Motors is a local family owned company employing local people.  It is proposed to separate the main workshop into two separate in its. One part would be occupied by Gastonia and the other by Walton Motors.  Most of Walton Motors’ car sales are done via the internet.  There is space on site (outside the building) for staff and customer parking.  Commercial vehicle washing is in place and was used by Arriva. Interceptors for the water are in place following guidance form the Environment Agency. They are emptied under contract and collect run off and surface water.  The larger of the two interceptors is a 3 chamber interceptor which collects the water from the wash area only. The second interceptor is a two chamber interceptor and collects surface water only.  The car wash would be a drive in and through system and there is space for the cars using it on the application site.  The site is screened from the rest of Manfield Park by a bank of trees and is bounded on its other boundaries by playing fields and “Section 52 land” and is not visible from the playing fields as it sits in a large dip.

Determining Issues

Principle of development Green Belt issues Compliance with Policy IC2 Highway and parking issues Impact on environmental and visual amenity Impact on residential amenity Crime and disorder Climate change and sustainability Biodiversity and compliance with Habitat Regulations 2010 Very special circumstances

Planning Considerations

Principle of development

The site is located within the Green Belt, the NPPF states that within the Green Belt inappropriate development is, by definition harmful and should not be approved except in very special circumstances. Any development which would materially detract from the openness or visual amenity of the Green Belt will not be permitted. Proposals for the reuse of existing buildings may not constitute inappropriate development provided that the buildings are of permanent and substantial construction.

The site is within an area defined as “Suitably Located Industrial and Commercial Development” on the Local Plan Proposals Map and therefore development should be assessed against Policy IC2 of the Local Plan.

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 to adverse effects from pollution, should be taken into account. Policy D1 of the Local Plan sets out that development will not be permitted where it would have a materially detrimental impact 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.

Impact on Green Belt

Certain forms of development are not inappropriate in the Green Belt provided they preserve the openness of the Green Belt and do not conflict with the purposes of including land within it. These are inter alia

 the reuse of buildings provided that the buildings are of permanent and substantial construction.

The site is within the Green Belt and relates to the reuse of an existing building. The application also relates to the use of the land outside the building. The NPPF states that in promoting a strong rural economy, local plans should support the conversion of existing buildings within rural areas.

Policy RD7 of the Local Plan states that the re-use and adaptation of a building in a rural area. Development will be permitted where: a) The building is capable of retention/reuse without substantial reconstruction or enlargement and the proposed use would not detract from the appearance or character of the existing building. b) The building to be retained is in keeping with its surroundings and does not detract from the character or appearance of the area by reason of its form, bulk or general design. c) The proposed development will not introduce an activity which will adversely affect the character or amenities of the area. d) The introduction of a new retail, leisure or other commercial use would not be on such a scale as to prejudice the vitality of a nearby town or village. e) The amount of traffic likely to be generated would not prejudice highway safety or cause significant harm to the environmental character of country roads. f) Satisfactory vehicular access can be achieved. In addition to the above criteria, proposals for the re-use and adaptation of rural buildings in the Green Belt will be expected to be capable of satisfactory and complete implementation within the footprint and mass of the original building.

The proposal involves the reuse of an existing building, the only alteration would be to the internal layout through the insertion of an internal partition. The building is capable of retention and reuse without substantial reconstruction and no material changes would be made to the external appearance of the building. The building is an industrial building appropriate for its location. Notwithstanding the conflict with Policy IC2 described below the use of the building for car storage and car washing would not introduce an activity which would adversely affect the character and amenities of the other occupiers of the industrial estate, which includes a mixture of industrial and commercial uses, or of the surrounding land which includes playing fields for Cranleigh School.

Cars would be sold from the site but this would not prejudice the vitality of nearby towns and villages and as the use would be sui generis any other retail use would be likely to require planning permission. The site is on an established industrial estate with a satisfactory access to Guildford Road and subject to the consideration of any further comments from the County Highway Authority would not prejudice highway safety. The proposal in so far as it relates to the reuse of the existing building would represent appropriate development in the Green Belt and would comply with Policy RD7 and would therefore not conflict with Green Belt Policy. However the use of land outside the building also needs to be assessed against the advice in the NPPF and against Local Plan Policy C1.

The change of use of land is not included in the forms of development which need not be inappropriate development within the Green Belt. As such the change of use of the external of the building for the washing of cars is a form of inappropriate development and as such is by definition harmful to the Green Belt.

Compliance with Policy IC2

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 NPPF, paragraph 22, sets out that planning policies 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.

The application site forms part of land designated as suitably located industrial and commercial land under Policy 1C2 of The Local Plan.

Policy IC2 of the Local Plan 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. 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”.

Whilst the application site is subject to the Local Plan designation under Policy IC2 the current application relates to the use of part of a site which was previously occupied by Arriva buses as a depot. This was a B2 use and the lawful use of the site. The proposed use would be sui generis and therefore it would not be either a B1, B2 or a B8 use.

The Local Plan states “industrial and commercial development includes uses within Classes B1-B8 of the Town and Country Planning (Use Classes) Order 1987 which includes offices, industrial, research and warehouse premises. It does not include retail premises or tourist related facilities such as hotels and public houses.”

The proposed use of the site for car sales and car washing includes an element of retail and although it is an employment use it does not strictly fall within the definition of industrial and commercial use as set out in policy IC2 or in the emerging Policy CS9 of the Local Development Framework pre-submission Core Strategy.

In assessing a change of use from an industrial/commercial use to a sui generis use the local planning Authority would need to establish whether there is a demand for a site to be retained in its current use. To establish this the applicant has undertaken a marketing exercise the details of which have been submitted. This included an email flyer to coach operators. This information has been assessed by the Council’s Estates and Valuation Manager who has concluded that the marketing does not meet the requirements for marketing and has raised the following concerns about the marketing exercise:

 No Board  No advertising apart from a very limited email flyer that gives the wrong year for the property being empty  No details of rental level  No evidence that Westwood & Co. were instructed.  Not a long enough period for marketing.

Officers cannot therefore be satisfied that the premises are not required for a Class B1, B2 or B8 use due to the limited marketing exercise.

The proposed occupiers, Walton Motors, are currently operating from The Lodge, Manfield Park without the benefit if planning permission. The Lodge is different from the current application site because it is a smaller site and is not within the defined area of “Suitably Located Industrial and Commercial Land” on the Local Plan Proposals Map but within the Green Belt outside any settlement. Walton Motors are required to move from The Lodge following the refusal of planning permission, an appeal which was dismissed and the serving of an Enforcement Notice.

The Council is committed to supporting local businesses. On 6th November 2012 the Council’s Executive endorsed a report which included the following: “The publication of the National Planning Policy Framework (NPPF) in March 2012 signalled a step change in the role of the planning system with the overriding objective of supporting the government’s agenda of creating the homes and jobs that the country needs.

It sends a strong signal to local authorities about the need to plan proactively for new development and not to hinder or prevent development or burden it with onerous requirements. In this respect, Local Plans (the term is reintroduced by the NPPF) should be prepared on the basis that objectively assessed local development needs should be met in full, with sufficient flexibility to respond to rapid shifts in demand or other economic changes. Proposals that accord with a Local Plan should be approved without delay. Where a plan is “absent, silent, or relevant policies are out -of-date” permission should be granted.

Waverley has already responded positively to the NPPF with a draft Core Strategy which is intended to be both flexible and delivery focussed. The NPPF is also a material consideration in the determination of planning applications and the government expects it to be at the heart of decision making. The government has highlighted that the removal of regional planning plus financial incentives such as the New Homes Bonus provide benefits and freedom to Councils but they also expect them to be enablers of new developments.

The government believes that the default answer to development should be “yes” unless the adverse impacts of allowing development would significantly and demonstrably outweigh the benefits when assessed against the policies in the NPPF as a whole. Significant weight is afforded to the benefits of economic and housing growth. The clear message is that authorities should be looking for ways to help development come forward, rather than stone-walling applications on environmental grounds. Failure of Councils to deliver on this may result in their planning powers being stripped.

This approach will need to be reflected in the way the Council determines planning applications.”

The current application would allow Walton Motors to continue to trade albeit from a different but closely located unit and to continue to contribute to the local economy and to provide jobs. However officers are concerned that there has not been a robust marketing exercise for the premises which would be suitable for reuse for a B1, B2 or B8 use. Officers are concerned that the use of the premises for a B1, B2 or B8 use should not be prejudiced on a long term basis. The applicant has agreed to the imposition of condition limiting the development to two years.

Government Circular 11/95 on conditions advises that:

“Section 72(1)(b) of the Act gives power to impose conditions requiring that a use be discontinued or that buildings or works be removed at the end of a specified period (where permission is granted for the development of the operational land of a statutory undertaker, however, this power does not apply except with the undertaker's consent: section 267 of the Act)…

…where an application is made for permanent permission for a use which may be "potentially detrimental" to existing uses nearby, but there is insufficient evidence to enable the authority to be sure of its character or effect, it might be appropriate to grant a temporary permission in order to give the development a trial run, provided that such a permission would be reasonable having regard to the capital expenditure necessary to carry out the development.”

In view of the circumstances of this application it is recommended that the proposed car sales and car washing business is given a temporary consent for two years only to enable a comprehensive marketing exercise to take place so that it can be established whether or not there is a need for the premises to be used for a B1, B2 or B8 use in the longer term and this would be in accordance with the advice in Government Circular 11/95.

Highway and parking issues

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 supports the adoption of local parking standards for both residential and non- residential development. The Council have recently consulted on a Draft Parking Guidelines Document which follows the adoption of 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.

The site is on an established industrial estate with a satisfactory access to Guildford Road and subject to the consideration of any further comments from the County Highway Authority would not prejudice highway safety. There is no specific parking guidance for the proposed use. However, the proposal includes eight parking spaces for Walton Motors’ customers and staff. This is considered adequate provision. A condition is recommended which states that no cars, other than those belonging to employees or visitors to the premises of those in the process of being washed shall be stored other than within the building and identified for “under cover car sales/workshop” on the Layout plan (L/651/2).

Impact on visual and environmental amenity

Policies D1 and D4 of the Local Plan related to the environmental implications and design and layout of developments. It is appropriate to assess the application against these policies.

The site is already set up with interceptors to deal with waster water from the washing of vehicles. The Council’s Environmental Health Officer and the Environment Agency have no specific requirements to make on the application. Officers recommend the inclusion of conditions to ensure that the car washing area is restricted to the area currently used and that the facilities to intercept the waste water are retained. In addition, to prevent the car sales from encroaching onto the rest of the site or onto the roads onto the estate road, a condition is recommended to restrict the parking of these vehicle to the building except when being washed, if permission is granted.

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 use for car sales and car washing is compatible with the established industrial and commercial uses at Manfield Park. The land to the east is used as playing fields by Cranleigh School and is at a higher level. Therefore, it is considered that there would be no material impact on the use of this land by the School.

The nearest residential curtilage is more than 50m. from the site and separated by other industrial buildings. It is consider that there would be no material impact on the amenities of neighbouring properties.

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 established industrial and commercial site, it is considered that the proposed use would not lead to crime and disorder in the local community and would accord with the requirements of the NPPF.

Climate change and sustainability

The Local Plan does not require this type of development to include renewable energy technologies. 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 or water, and is not an agricultural building or barn and no structural changes are proposed to the roof of the building. As such it is considered that a biodiversity survey is not required in this instance. However, an informative should be added to remind the applicant that protected species may be present at the property and that works should stop should they be found during the course of the works.

National Environment and Rural Communities Act 2006- the Council as local planning authority has a legal duty of care to protect biodiversity

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.

Human Rights Implications

The proposal is considered to comply with the Council’s duties under the Equalities Act 2010.

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 1 or more of the following:- (delete/edit as appropriate):-

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.

Very special circumstances

The reuse of the building for the sale of cars would comply with Policy RD7 and would therefore comply with Green Belt Policy. However, the use of land outside the building for the washing of cars would constitute inappropriate development in the Green Belt as it is not a use listed in the NPPF as being an appropriate use. It is therefore necessary to establish whether there would be “very special circumstances2 to justify the development.

The following matters are put forward as “very special circumstances”:  the facility for washing vehicles exists and has been used for the washing of busses and coaches and would continue to be used for the washing of coaches by Gastonia coaches;  the washing of cars would be a transient use which would have a limited impact on the openness of the Green Belt;  subject to the imposition of a condition limiting the use to two years it would be a temporary use;  the visual impact of the development would be limited due to the fact that land to the east is at a higher level and that the development is within an established industrial estate.

It is considered that these matters constitute “very special circumstances” which would outweigh the potential harm to the Green Belt by reason of inappropriateness.

Conclusion

The site is part of the Manfield Industrial Estate which is designated on the Local Plan Proposals Map as being suitably located industrial and commercial land. The Estate is washed over by the Green Belt. The reuse of the building for the sale of cars would comply with the advice in the NPPF and with Policy RD7 (reuse of buildings in the countryside) and would therefore comply with Green Belt Policy. The use would be sui generis and would not therefore comply with Policy IC2. However, given that the company is already established on the Estate and, that there has been limited marketing of the site, a temporary permission is recommended to enable a more extensive marketing of the site for B1 – B8 use to take place. The use of land outside the building for the washing of cars constitutes inappropriate development. However, It is considered that there are “very special circumstances” which would outweigh the potential harm to the Green Belt by reason of inappropriateness.

Recommendation

That permission be GRANTED subject to the following conditions:

1. Condition The use hereby permitted shall be discontinued on or before 18th April 2015 unless further grant of permission is made.

Reason In order to enable a marketing exercise to be carried out to establish whether the premises are reasonably required for industrial or commercial purposes within the meaning of Classes B1 – B8 of the Town and Country Planning Use Classes Order, 1987 (as amended) and to accord with Policy IC2 of the Waverley Borough Local Plan 2002 and Policy CS9 of the Local Development Framework Pre-submission Core Strategy 2012.

2. Condition No washing of cars shall take place except in the area identified on the Layout Plan (L/651/2) as "Existing Industrial Bus Coach Wash" and the existing interceptors shall be retained unless otherwise agreed in writing by the Local Planning Authority.

Reason In the interest of the amenities of the area, in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002.

3. Condition No cars, other than those belonging to employees or visitors to the premises or those in the process of being washed shall be stored other than within the building and identified for "under cover car sales/workshop" on the Layout Plan (L/651/2).

Reason In the interest of the amenities of the area, in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002.

4. Condition The plan numbers to which this permission relates are Layout Plan (L/651/2), location plan (1:1250), site plan (1:500), proposed floor plan (1:200) and existing floor plans (1:200). 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 RD7, D1 and D4 of the Waverley Borough Local Plan 2002.

SUMMARY OF REASONS FOR GRANTING PERMISSION The development hereby approved has been assessed against the following Development Plan policies: Policies D1, D4, D5, D10, IC2, C1, RD7, M2, M14 of the Waverley Borough Local Plan 2002, Policies CS1, CS9, CS17 of the Local Development Framework pre- submission Core Strategy 2012, The National Planning Policy Framework and material considerations, including third party representations. The site is part of the Manfield Industrial Estate which is designated on the Local Plan proposals Map as being suitably located industrial and commercial land. The Estate is washed over by the Green Belt. The reuse of the building for the sale of cars would comply with the advice in the NPPF and with Policy RD7 (reuse of buildings in the countryside) and would therefore comply with Green Belt Policy. The use would be sui generis and would not therefore comply with Policy IC2, However, given that the company is already established on the Estate and that there has been limited marketing of the site, a temporary permission would be appropriate to enable a more extensive marketing of the site for B1 – B8 use to take place. The use of land outside the building for the washing of cars constitutes inappropriate development. However, It is considered that there are “very special circumstances” which would outweigh the potential harm to the Green Belt by reason of inappropriateness. It has been concluded that the development would not result in any harm that would justify refusal in the public interest.

Informatives

This permission does not grant consent for any advertisements on the site which would require separate consent under the Town and Country Planning (Control of Advertisements) Regulations 2007.

The applicant is advised that any unauthorised advertisements will be removed by the Local Planning Authority.

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.