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Mo-2020-1940 Application Number MO/2020/1940 (Variance of Conditions) and Registration Date 28-Oct-2020 Applicant Angle Property (Headley Court) LLP Case Officer Catherine Miller-Bassi Amendments /amplifications Committee Date 10 December 2020 Ward(s) Box Hill & Headley Leatherhead South Within 20m of Box Hill & Headley Ward Within 20m of Leatherhead South Ward Proposal Variation of Conditions 1 and 2 of planning permission MO/2017/1828 to allow the continued use of 2 No. temporary buildings to accommodate a 48 bed ward and a therapy building for a further 3 years and for the permission to solely benefit the National Health Service and Surrey County Council (revised description). Site Description Headley Court, Headley Road, Headley, Epsom, Surrey, KT18 6JN RECOMMENDATION: Approve subject to conditions 1. Summary 1.1.1. This matter is to be decided by the Planning Committee because the application relates to a major development. 1.1.2. The application site lies on the east side of Headley Road, approx. 0.7miles to the north-east of Headley Village, and to the north of the Grade II Listed Headley Court mansion house complex. The site lies within the Green Belt, partially within a Site of Archaeological Potential (SAP), within approx. 265m of Pignut Wood (Ancient Woodland) and approx. 385m of Addlestead Wood Sites of Nature Conservation Importance (SNCI) and within approx. 1449m of Mole Gap to Reigate Escarpment Special Area of Conservation (SAC) and Site of Special Scientific Interest (SSSI). 1.1.3. The application is made under Section 73 to vary conditions 1 and 2 of permission MO/2017/1828/PLA to allow the erection of 2no. temporary buildings to accommodate a 48 bed ward and a therapy building for a further 3 years and not solely for the benefit of The Secretary of State for Defence. 1.1.4. The site is currently in use by the National Health Service (NHS) as part of the emergency response to the coronavirus pandemic in accordance with the General Permitted Development Order (GPDO) (2015) (as amended) (Coronavirus 2020), however, this right ceases by 31 December 2020 as set out in paragraph 8.2.5 below. 1.1.5. The proposal is considered inappropriate development in the Green Belt however, it is considered that Very Special Circumstances (VSCs) exist that would outweigh the harm and justify the development, including: The urgent and short-term nature of the proposed use required as part of the national response to the Coronavirus pandemic, given that the permitted development rights cease on 31 December 2020 under the terms of the General Permitted Development Order (GPDO) (2015) (as amended) (Coronavirus 2020). The unique and specific requirement for the site to be used by the NHS and SCC as part of the national response to the Coronavirus pandemic. 1.1.6. The recommendation is for approval. 2. Development Plan 2.1.1. Site of Archaeological Potential Metropolitan Green Belt (CS1) Dev Affecting Anc Woodland/within 500m 3. Relevant Planning History 3.1.1. The wider site has an extensive planning history and, as such, only that pertaining to the application site is included below: MO/2011/1150 Defence Services, Headley Court, Headley Road, Headley, Epsom, Surrey, KT18 6JN Erection of 2 No. temporary buildings to accommodate a 48 bed ward and a therapy building, and associated works. APPROVED WITH CONDITIONS 24-Nov-2011 MO/2014/0454 Defence Services, Headley Court, Headley Road, Headley, Epsom, Surrey, KT18 6JN Variation of condition 1 of planning permission MO/2011/1150 to allow the erection of 2 No. temporary buildings to accommodate a 48 bed ward and a therapy building for a further 3 years. APPROVED WITH CONDITIONS 19-May-2014 MO/2017/1828 Headley Court, Headley Road, Headley, Epsom, Surrey, KT18 6JN Variation of condition 1 of planning permission MO/2014/0454 to allow the erection of 2 No. temporary buildings to accommodate a 48 bed ward and a therapy building for a further 3 years. APPROVED WITH CONDITIONS 13-Dec-2017 4. Description of Development 4.1. Site Description 4.1.1. The application site lies on the east side of Headley Road, approx. 0.7miles to the north-east of Headley Village, and to the north of the Grade II Listed Headley Court mansion house complex, (see Figure 1). The site lies within the Green Belt, partially within a Site of Archaeological Potential (SAP), within approx. 265m of Pignut Wood (Ancient Woodland) and approx. 385m of Addlestead Wood Sites of Nature Conservation Importance (SNCI) and within approx. 1449m of Mole Gap to Reigate Escarpment Special Area of Conservation (SAC) and Site of Special Scientific Interest (SSSI). Figure 1. Location Plan (from original permission MO/2011/1150) 4.1.2. The application site contains an existing development originally approved for the sole use of the Ministry of Defence (MoD) which has since vacated the site. The development comprises 2no. temporary buildings to accommodate a 48 bed ward and a therapy building and temporary adjacent car park (which will be the subject of an entirely separate application), known as the ‘Jubilee Complex’, originally permitted under refs. MO/2011/1150 and MO/2012/0488. These permissions have been subject to a number of subsequent applications, under Section 73, effectively extending the duration of the temporary permissions and remaining for the sole benefit of the applicant, the MoD. The current permissions, refs. MO/2017/1827 and MO/2017/1828, contain conditions requiring the removal of the permitted developments and remediation of the land by or before 13th December 2020. 4.1.3. The submitted letter from the agent states that: the Jubilee complex was leased on a temporary basis to the NHS in May 2020, who re-commissioned the buildings for use as rehabilitation wards in response to the coronavirus pandemic. The use of the site in this manner is permitted under Part 12A of the Town and Country Planning (General Permitted Development) (England) Order 2015. 4.2. Proposal 4.2.1. A revised description has been agreed during the course of this planning application relating to the personal permission and replacing the words ‘the erection of’ with ‘the continued use of’ to avoid ambiguity. The current application is made under Section 73 to vary Conditions 1 and 2 of planning permission MO/2017/1828 to allow the continued use of 2no. temporary buildings to accommodate a 48 bed ward and a therapy building for a further 3 years and for the permission to solely benefit the National Health Service and Surrey County Council. 4.2.2. Conditions 1 and 2 of permission MO/2017/1828 state: 1. The buildings, ancillary structures, access drive and walkway hereby permitted shall be removed and the land restored to its former condition on or before 13th December 2020 in accordance with a scheme of work to be submitted to and approved in writing by the Local Planning Authority. Reason: Permission is given in this case, having regard to the circumstances appertaining to the site in question, but only on a strictly limited basis so that the position may be reviewed in the light of circumstances prevailing at the expiry of the permission. 1. This permission shall enure solely for the benefit of the applicant, The Secretary of State for Defence. Reason: A strictly personal permission is granted in this case having regard to the special circumstances appertaining thereto. 4.2.3. The submitted letter from the agent states that: the temporary lease [to the NHS] expires in November 2020 and it is necessary to formalise continued use of the site for this purpose in the form of a new 3 year lease. Therefore an extension of permission MO/2017/1828/PLA is required to enable lawful use of the buildings as rehabilitation wards for an additional 3 years to coincide with the terms of the new lease. It is also necessary to establish the NHS and/or Surrey County Council as the named beneficiaries of the permission in place of The Secretary of State for Defence. As confirmed in an email from the NHS dated 25.11.20, the proposed use would be the provision of rehabilitation and end of life care by both the NHS and Surrey County Council (SCC) in relation to the Coronavirus pandemic. 4.2.4. It is important to note that the permission is for the continued use of two temporary buildings to accommodate a 48 bed ward and a therapy building. This use would not change as a result of the proposal and therefore any alternative use would need a separate planning permission. 5. Consultations Consultee Comments Conditions MVDC Historic No objections. N/A Environment Officer SCC Archaeology No objections. N/A SCC Highways No objections. N/A 6. Representations 6.1.1. 14no. letters of objection has been received, including those from Headley Parish Council (HPC), Headley Residents Action Group (HRAG) and Tyrrells Wood Estate Association (TWEA). The submitted comments and concerns, (excluding those of HPC, HRAG or TWEA), are summarised below: Comments Officer response Conditions The opportunity to review the The opportunity to review relates to N/A position encompassed in the the Local Planning Authority, that is temporary condition wording was MVDC. solely for review by MVDC and The Secretary of State for Defence, not any others eg Angle Property We support the use of the Noted N/A buildings for emergency use by the NHS relating to the Coronavirus pandemic Use by The National Health The proposed use will be restricted by 1, 2 & 3 Service and Surrey County Council conditions is impossible to limit by definition or describe as Extraordinary or Very Special Circumstances and we object to such loose, all- encompassing wording In the event that the Applicant The description revisions have N/A confuses matters with further originated from MVDC not the revisions, for the record, we object applicant and seek to control the to the Description contained in the proposed development and avoid Notice dated 9th November – “to ambiguity allow for a further 3 years and not solely for the benefit of the Secretary of State” And we object to a later revision This was an error by MVDC and has N/A “for the permission to solely benefit now been rectified.
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