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B2 WA/2018/1236 Erection of a building to provide 8 dwellings along P Hunt with detached garage building, amenity space 23/07/2018 and associated landscaping (as amended by Site Plan receievd 20/11/2018) at Land At M J Coleman And Sons Ltd, Park Drive, Bramley GU5 0JY

Committee: Eastern Area Meeting Date: 05/12/2018

Public Notice: Was Public Notice required and posted: Yes Grid Reference: E: 500604 N: 144463

Parish: Bramley Ward: Bramley, and Case Officer: Rebecca Clarke Expiry Date: 21/10/2018 Time Extended Date: 07/12/2018 Neighbour Notification Expiry Date: 16/10/2018

RECOMMENDATION A That, subject to the completion of a Section 106 Agreement to secure financial contributions towards affordable housing and leisure facilities and highway improvement works, conditions and informatives, permission be GRANTED.

RECOMMENDATION B That, in the event that a Section 106 Agreement is not completed within 6 months of the resolution to grant permission, permission be REFUSED.

Introduction

The application has been brought before the Area Committee at the request of the Council’s Head of Planning Services. Location or Layout Plan

Site Description

The application site measures 0.5 hectares and is located to the south west of Park Drive. The site is accessed via an unmade track off Park Drive. There are entrance gates to the south of the site and the remainder of the site is screened by boundary screening. A number of dilapidated structures are present on the site, along with a number of porta-cabins. The site was formerly occupied by Bramley Park Mansion, which was demolished in the early 1950s.

Proposal

Permission is sought for the following:  Erection of a building comprising 5 x 3-bed units and 3 x 2-bed units. The building would be two storeys in height with single storey projections to the north and south. It would sit centrally within the site, orientated north to south. The building would measure 55m (max width) x 15m (depth) x 8.8m (height), with a footprint of approximately 742m2. It would feature a crown pitched roof with 5 chimneys and rooflights on the top. The single storey elements to the north and south would feature flat roofs.  Erection of a detached garage building to provide for 8 parking spaces. The building would be single storey in height, featuring a pitched roof. It would measure 29.5m (width) x 6.6m (depth) x 5.3m (height). The building would be located to the east of the residential building. An area for bin storage would be provided adjacent to the garage.  Provision of hard surfacing to the front of the proposed residential and garage buildings. This area would accommodate 11 parking spaces (19 spaces total on site) and turning space, and would lead from the site access.

Whilst the proposal originally proposed that the units would be designed for occupants aged 55 and over, this restriction has been withdrawn from the proposal following discussion with the Council and having regard to the draft Bramley Neighbourhood Plan.

Heads of Terms

Affordable Housing commuted sum £300,316 Leisure contributions towards the provision of indoor £6,250 fitness equipment at Leisure Centre Highways improvements to the access track N/A

Proposed Block Plan Proposed residential building - elevations

Proposed residential building – floor plans Proposed garage building – elevations and floorplan

Relevant Planning

WA/2017/2114 Certificate of Lawfulness Certificate of Lawfulness under Section 191 for a Granted storage yard for building 12/01/2018 materials (Use Class B8) WA/1980/1779 Use of a roofing contractors Established Use yard and premises including Certificate Issued ancillary offices 15/04/1981 HM/R11325 Use as builders yard for Approve limited period until 30/06/1961 20/06/1960

Planning Policy Constraints

Green Belt – outside any defined settlement area Hills Area of Outstnading Natural Beauty (AONB) & Area of Great Landscape Value (AGLV) Ancient Woodland 500m Buffer Zone Potentially contaminated land Conservation Area – part of the site access

Development Plan Policies and Guidance

The development plan and relevant policies comprise:  Waverley Borough Local Plan, Part 1: Strategic Policies and Sites (adopted February 2018): SP1, SP2, TD1, NE1, NE2, AHN1, AHN3, LRC1, ALH1, ST1, CC1, CC2, CC3, CC4, HA1, EE2, RE2 and RE3.  Neighbourhood Plan (made May 2017): N/A  Waverley Borough Local Plan 2002 (retained policies February 2018): D1, D4, D8, D9, HE8 and HE15.  South East Plan (saved policy NRM6): N/A

In accordance with the National Planning Policy Framework (NPPF) due weight has been given to the relevant policies in the above plans.

Other guidance:  National Planning Policy Framework (2018)  National Planning Practice Guidance (2014)  Land Availability Assessment (2016)  West Surrey Strategic Housing Market Assessment (2015)  Planning Infrastructure Contributions SPD (2008)  Council’s Parking Guidelines (2013)  Density and Size of Dwellings SPG (2003)  Residential Extensions SPD (2010)  Vehicular and Cycle Parking Guidance ( 2012)  Surrey Design Guide (2002)  Surrey Hills Management Plan (2014-2019)  Bramley Conservation Area Appraisal SPD (2005)

Consultations and Parish Council Comments

County Highway Authority No objection – however, the site is accessed via a private road which falls outside the County Highway Authority’s jurisdiction. Bramley Parish Council No objection – this site is identified as an allocated site in the draft Bramley Neighbourhood Plan that has been submitted to the Council for review. Members of the Parish Council agreed that the covenant for the dwellings to be reserved for those over 55 years should not be a requirement, despite the identified need for downsizing homes in Bramley (Bramley Housing Needs Survey 2017). It is expected that these homes would be, by their very nature, more attractive to the downsizing market. Lead Local Flood Authority Comments dated 27/09/2018 (LLFA) Insufficient information has been provided to demonstrate that the scheme is acceptable.

Comments dated 30/10/2018 following submission of additional drainage information

The LLFA is satisfied that the proposed drainage scheme would be acceptable subject to recommended conditions. No objection, subject to a recommended condition. Environment Agency No objection, subject to recommended conditions. Thames Water None received. County Archaeologist No objection, subject to a recommended condition. Natural No comments to make, refer to Standing Advice. Forestry Commission No comments to make, refer to Standing Advice. Surrey Hills AONB Advisor Objection raised on the following grounds:  The principle of some residential development would seem to be acceptable. However, the site is detached from the settlement of Bramley and would normally not be contemplated for housing development had it not been for its use as a builders yard and possibly also that in the past there had been a fine country house on the site.  Once built the 8 houses would not suggest they have been designed to resemble a former country house. Instead they would just be an isolated row of smart houses having no relationship with the landscape as the former country house would have done.  What appears to be a white rendered finish to the building would result in the building standing out in the landscape. The former country house is likely to have been finished naturally coloured rendering that would have resulted in a less harsh or conspicuous building in the landscape.  The Surry Hills AONB Advisor recommends that the scheme is re-designed. WBC Environmental No objection, subject to recommended land Pollution Control Officer contamination conditions. WBC Environmental No objection, subject to conditions. Health Officer (noise and disturbance) WBC Environmental No objection, subject to recommended Health Officer (Air Quality) condition in relation to electric vehicle charging points and burning of waste. WBC Waste and Recycling It is noted that a bin store would be provided. Co-ordinator Bin requirements for the units are set out.

Representations

In accordance with the statutory requirements and the “Reaching Out to the Community – Local Development Framework – Statement of Community Involvement – August 2014” the application was advertised in the newspaper on 10/08/2018, a site notice was displayed at the site, and neighbour notification letters were sent on 31/07/2018. 2 letters have been received raising objection on the following grounds:

 The application is dependent on the widening and tarmacking of a current woodland track. To achieve this, through extension of Park Drive, will lead to damage and destruction of the local area – it will change the form and nature of the Green Belt and increase the potential for traffic.  The applicant has already felled trees along the length of the track so as to widen the track.  The applicant has also cleared ground, trees and undergrowth on the south eastern side of the track. It seems there is an intention to develop this large area for housing also.  Vehicle movements in prior years have not exceeded more than an average of 2 movements per day. The proposal will likely result in excess of 50 per day.  The application referred to for the use of Park Drive to serve 24 houses was not approved.  The sight lines for traffic turning right into Park Drive from the A281 are very constrained. Further residential development will increase the potential for accidents to occur.  No consultation with local residents of Park Drive has been undertaken by the Applicant.  The date for consultation should be extended as the site notice has been placed on Park Drive away from the development site.  It will allow the opportunity for further incursion into the Green Belt with infill between the site and existing housing.  Health risk to residents from the asbestos identified.  The site should have been landscaped as per a previous planning condition.  There has been burning of temporary buildings on the site, resulting in the Fire Brigade attending the site.  Increased risk of traffic accidents involving children crossing the junction of Park Drive with the A281.

3 letters have been received making the following general observations:

 It is understood that the upkeep of Park Drive will remain with Sir Archie Hamilton, the owner. The owner has not once in the last 30 years helped with the upkeep of the road, despite him being legally responsible for its condition. It seems there is little chance that he would do so in the future unless there is another legal agreement for him to do so.  In 1988 an application for houses in Bramley Park Farm was refused. It is queried why, 20 years on and with increased traffic, it is deemed acceptable to allow extra flow of traffic in and out of Park Drive.  It is almost impossible to turn right out of Park Drive onto the A281. The danger for drivers southbound turning right off the A281 into Park Drive should also be acknowledged.  A road improvement at the junction of the A281 and Park Drive should be carried out before any further development in Park Drive takes place.  The application makes it clear that this development will not be suitable for the young or for low cost and the quota will be situated elsewhere. This is an important issue when looking at Bramley’s new builds and assurance is wanted that this type of accommodation would be built within the .

Submissions in support

In response to the Third Party representations, the Applicant has set out the following points:

 Road improvements can be secured via a S106 Agreement. This approach was also used on a separate application on Park Drive (Ref: WA/2017/1169). Such improvements will not undermine the natural environment and would result in reduced dirt and mu being deposited on the rest of Park Drive.  Although affordable housing is not being provided on the site, contributions can be secured via a S106 Agreement.  Although the application for 24 houses on Park Drive was withdrawn, the County Highway Authority raised no safety issues.  The specifics of the application site is that it represents a brownfield/previously developed land (PDL), which allows for the partial or complete development under paragraph 145 of the NPPF 2018.  A specialist licenced company has removed the identified asbestos identified in the soil contamination report, in line with strict government guidance.  The fire which occurred was a result of vandalism, not the result of the Applicant allowing buildings on site to be burnt.  No trees have been removed from the application site. There has been some tree removal on land outside the site as part of a woodland management scheme. The removal to the south of Park Drive was conducted following on-site consultation with the Forestry Commission. It was recommended by the Forestry Commission as the trees were diseased and in need of removal. No TPO trees have been affected. Determining Issues

Principle of development Prematurity Lawful use Housing land supply Housing mix and affordable housing Green Belt considerations Impact on AONB, AGLV, visual amenity and design Impact on residential amenity Highways and parking Archaeology Standard of accommodation and provision of amenity space Refuse and recycling Land contamination Flooding and drainage Heritage considerations Impact on trees and Ancient Woodland Biodiversity and compliance with Habitat Regulations 2017 Infrastructure contributions Working in a positive/proactive manner Response to Third Party comments

Planning Considerations

Principle of development

Policy SP1 of the Local Plan (Part 1) 2018 states that when considering development proposals, the Council will take a positive approach that reflects the presumption in favour of sustainable development.

The site is located in the Green Belt, outside of any defined settlement area. Inappropriate development will not be permitted unless there are Very Special Circumstances.

Prematurity

Annex 1 of the National Planning Policy Framework explains how weight may be given to policies in emerging plans. However, in the context of the Framework and in particular the presumption in favour of sustainable development – arguments that an application is premature are unlikely to justify a refusal of planning permission other than where it is clear that the adverse impacts of granting permission would significantly and demonstrably outweigh the benefits, taking the policies in the Framework and any other material considerations into account. Such circumstances are likely, but not exclusively, to be limited to situations where both: a) the development proposed is so substantial, or its cumulative effect would be so significant, that to grant permission would undermine the plan-making process by predetermining decisions about the scale, location or phasing of new development that are central to an emerging Local Plan or Neighbourhood Planning; and b) the emerging plan is at an advanced stage but is not yet formally part of the development plan for the area.

Refusal of planning permission on grounds of prematurity will seldom be justified where a draft Local Plan has yet to be submitted for examination, or in the case of a Neighbourhood Plan, before the end of the local planning authority publicity period. Where planning permission is refused on grounds of prematurity, the local planning authority will need to indicate clearly how the grant of permission for the development concerned would prejudice the outcome of the plan-making process.

The Draft Waverley Borough Local Plan Part 2: Site Allocations and Development Management Policies has been published but does not form part of the Development Plan.

An application for the designation of Bramley as a Neighbourhood Area was approved in April 2017. A Screening Statement of the need for Strategic Environmental Assessment (SEA) for the Bramley Neighbourhood Development Plan was issued by on 14 September 2018. This confirmed that the Neighbourhood Plan does not require a Strategic Environmental Assessment. Bramley Parish Council has carried out a Housing Needs Survey and a Draft Bramley Neighbourhood Plan has been generated. The Draft Bramley Neighbourhood Plan supports the current application site as an allocation for residential development (Site 469d). The draft plan sets out an allocation of 8 residential dwellings for the site. However, the Plan has not been formally submitted to the Council and it is therefore considered that no weight can be afforded to it.

Having regard to the scale of the development, it is considered that it would not prejudice the outcome of the plan making process. Officers consider that the development would not therefore be premature.

Lawful use

A Certificate of Lawfulness was issued on 12/10/2018 for the use of the site as a storage yard for building materials (Use Class B8). Whilst officers note that the site previously featured a large residential property (Bramley Park), this has been demolished and, in the intervening period, a new use has been established. The proposal would therefore inherently involve a change of use of the land from storage (Use Class B8) to residential (Use Class C3).

Loss of employment land

Policy EE2 of the Local Plan 2018 (Part 1) sets out that the Council will permit the change of use of existing employment sites to residential and other alternative uses where it can be clearly demonstrated that there is no reasonable prospect of the site being use for employment use. Existing employment sites include those specifically identified by retained Policy IC2, those identified in Local Plan Part 2, Site Allocations and Development Management Policies, and other existing employment sites within the B use classes.

Retained Policy IC2 of the Local Plan 2002 is given significant weight and states that “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 commercial or industrial purposes would not have a materially adverse impact on the local environment or the amenities of local residents (b) The lie within or close to residential area which can provide a source of labour (c) They are conveniently located for customers/markets and to other firms (d) They are located where the highway network can satisfactorily absorb the traffic generation and (e) They are conveniently served by public transport and/or are conveniently accessible form nearby residential area by walking/bicycle”

Officers have carefully considered the existing lawful Class B8 use on site and are of the opinion that the site is not ‘suitably located’ for industrial and commercial uses, having regard to retained Policy IC2 of the Local Plan 2002. The existing Class B8 use is not in a particularly ideal location, in that it is not supported by any other commercial/employment uses within the site and it is in closest proximity to residential uses. Furthermore, it is acknowledged that the site is currently not in active use and has not been for over a year. The applicant has put forward an argument that the site is more suited to a residential use in this location and residential development would have the benefit of reducing HGV traffic movements for the surrounding area. However, in considering whether there is a reasonable prospect of the site being use for employment use, it is noted that under the Certificate of Lawfulness application (Ref: WA/2017/2114), the application set out that a potential purchaser had shown interest in its acquisition for the Class B8 use. Within the Officer Report for WA/2017/2114, it was stated that the lease on the site by Altrad Beaver 84 ran out in August 2017. It was considered at the time of the determination of the Certificate of Lawfulness that the timeframe involved with the vacancy (4 months at that time) was not indicative of abandonment of use. At the time of the current Officer Report, the lease expired some 15 months ago.

Officers are of the opinion that there is no evidence before the Council to suggest that the site could not reasonably continue to be used in its lawful Class B8 capacity. That said, there is an argument to be made in relation to the suitability of the location of this lawful Class B8 use. The potential conflict with Policy EE2 of the Local Plan 2018 (Part 1), however, would be a matter to weigh in the planning balance.

Housing land supply

The Council published its 5 year housing land supply statement in September, with a base date of April 2018. This document applies from 31st October 2018 and confirms that the Council has 5.8 years’ worth of housing supply. Therefore, the Council can demonstrate the requirements of paragraph 73 of the NPPF.

Housing mix and affordable housing

Policy AHN3 of the Local Plan Part 1 2018 sets out that proposal will be required to make provision for an appropriate range of different types and sizes of housing to need the needs of the community, reflecting the most up to date evidence in the West Surrey Strategic Housing Market Assessment (SHMA).

The SHMA offers the following requirements.

Unit Type 1 bed 2 bed 3 bed 4 bed Market 10% 30% 40% 20% homes Affordable 40% 30% 25% 5% homes The proposal would provide for 100% market units, with the following mix:

Unit Type 1 bed 2 bed 3 bed 4 bed Market 0 (0%) 3 (37.5%) 5 (62.5%) 0 (0%) homes

The applicant has set out that the units have been put forward on this basis having regard to the recent Housing Needs Survey (2017) undertaken by Surrey Community Action and Bramley Parish Council. The highest requirement within the SHMA comes for 2 and 3 bed dwellings, which the proposal would accommodate. On this basis, Officers do not raise a material objection to the proposed housing mix.

The Council’s Housing Enabling Manager has reviewed the proposal. Whilst the starting point is for affordable housing to be provided on site; in light of the circumstances of the proposal, the pipeline of affordable supply in Bramley and views of the Parish Council, a commuted sum approach in this instance is considered to be acceptable. This approach is also considered acceptable owing to the fact that the proposal would result in a net gain of less than 11 units within a rural area as referenced within Policy AHN1 of the Local Plan 2018 (Part 1).

Based on a net gain of 8 dwellings, a commuted sum equivalent to 2.4 units has been sought. This amounts to £300,316 and would be secured by means of a Section 106 Agreement should permission be granted.

With regard to the removal of an originally proposed age restriction on the units, this is supported by the Council’s Housing Enabling Manager as no clear evidence has been provided as to the need for a restriction of age 55+. Whilst it is acknowledged that there is a demonstrated need in Waverley for Extra Care housing for older people, the units would not have met this requirement with the age restriction proposed as Policy AHN3 refers to specific needs for older people aged 65 and above. The SHMA acknowledges a need for general needs accommodation in the private market for older households to downsize into, but also a shortage of entry level housing in the market for young couples and families. On this basis, access to the proposed units by both groups would be welcomed.

Green Belt considerations

The site is located within the Green Belt outside any defined settlement area. Policy RE2 of the Local Plan (Part 1) 2018 outlines that the Green Belt will continue to be protected from inappropriate development. Inappropriate development will not be permitted unless very special circumstances can be demonstrated.

Certain forms of development are considered to be appropriate, and will be permitted provided they do not conflict with the exceptions listed in paragraphs 145 and 146 of the NPPF. Local planning authorities are required to give substantial weight to any harm which might be caused to the Green Belt by the inappropriate development.

The current proposal would involve the erection of a new residential building within the Green Belt, associated with which would be a material change of use of the land.

Paragraph 117 of the NPPF states that “strategic policies should set out a clear strategy for accommodating objectively assessed needs, in a way that makes as much use as possible of previously-developed or ‘brownfield’ land’. The Framework defines previously development 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.’ However, there are a number of exclusions to this definition, including land in built-up areas such as private residential gardens, parks, recreation grounds and allotments.

For the purposes of the current application, the site lies outside the defined settlement boundary and Officers consider that the site would fall within the definition of previously developed land.

With specific regard to the proposed engineering works involving the site access track, it is considered that these would be acceptable in Green Belt terms having regard to paragraph 146 of the NPPF 2018.

Paragraph 145 of the NPPF sets out exceptions to inappropriate development within the Green Belt and includes, inter alia, the “…partial or complete redevelopment of previously developed land, whether redundant or in continuing use (excluding temporary buildings), which would not have a greater impact on the openness of the Green Belt than the existing development; or not cause substantial harm to the openness of the Green Belt, where the development would re-use previously developed land and contribute to meeting an identified housing need within the area of the local planning authority’.

Whilst acknowledging that an off-site financial contribution would be secured towards affordable housing, no on-site affordable housing would be provided to meet an identified housing need in the area. Further, it is considered that the proposal would result in a greater impact on the openness of the Green Belt than the existing development at the site.

On this basis, Officers consider that the proposal would not fall under any of the exceptions listed in the NPPF and Very Special Circumstances would need to exist to justify the setting aside of Green Belt policy in this instance. This will be discussed in the ‘Very Special Circumstances’ section of the report.

Impact on AONB, AGLV, visual amenity and design

The site is located within the AONB and AGLV. Policy RE3 of the Local Plan (Part 1) 2018 sets out that new development must respect and where appropriate, enhance the character of the landscape in which it is located.

The Surrey Hills Management Plan 2014 – 2019 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.

Policy TD1 of the Local Plan 2018 (Part 1) 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 2018.

The site benefits from boundary screening and therefore public views into the site would be limited. However, it cannot be relied upon that the boundary treatment would remain in situ in perpetuity. Indeed, the Surrey Hills AONB Advisor has queried whether the Council would be able to resist pressure to remove the trees which would open the development up to public view.

The Surrey Hills AONB Advisor has raised an objection to the proposed development on the grounds that the proposed development would not have a relationship with the landscape as the former country house did. It is further commented that the grounds are too small and the form and design of the substantial building is unacceptable. Materials of the former country house are considered to have likely comprised a natural rendering, rather than the white rendered building finish proposed. The Surrey Hills AONB Advisor recommends that a more suitable replacement dwelling is negotiated.

Officers have carefully considered the proposal, having regard to the opinion expressed by the Surrey Hills AONB Advisor. With regard to the proposed materials, it is considered that full details of this could be secured by means of a planning condition on any grant of permission. This would ensure that the colouring of any render proposed could be agreed prior to commencement of development.

In terms of the size and scale of the proposal, Officers are in agreement that the proposal would comprise a substantial building. However, historical photographs of Bramley Park (see below), the childhood home of , indicate that the original built form was of a substantial nature and of a neo-classical design.

This is not an existing built form, but nevertheless in considering what type of building would be suitable for the site; Officers consider that it is important to consider the history of the site. The current proposal would feature architectural detailing that would be reflective of Bramley Park. This would include areas of flat roof which, whilst not particularly desirable, would not make up the main roof form. There would be single storey projections and detailing on elevations distinguishing ground and first floor levels. Overall, Officers consider that, on balance, and subject to securing details of the materials, the design to be acceptable.

With regard to the plot size, it is acknowledged that Bramley Park would have benefitted from large grounds whereas the proposed building would be subdivided into smaller units. However, officers consider that the proposed building could be satisfactorily accommodated on the site with amenity space to serve the units. This will be discussed further in the ‘standard of accommodation’ section of this report, but for the purposes of this section, it is considered that the proposal would not represent an overdevelopment of the site.

Whilst therefore acknowledging the substantial nature of the proposal; Officers consider that, on balance, it would not be materially visual harmful such that it would detract from the character and appearance of the surrounding AONB and AGLV.

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 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 2018.

Given the separation distance to neighbouring residential properties, it is considered that the proposal would not give rise to any overbearing impact, loss of light or overlooking. Whilst it is acknowledged that the site access would go past existing residential properties along Park Drive, having regard to the number of dwellings proposed it is considered that any impact by means of noise and disturbance from comings and goings would not be of a scale to warrant a material objection. Overall, Officers consider that the proposal would accord with Policy TD1 of the Local Plan 2018 (Part 1) and retained Policies D1 and D4

Highways 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 proposed development would be accessed via Park Drive. The Applicant has set out that improvements to the existing road surface would be undertaken. Such improvements would extend along the road from those secured as part of a S106 Agreement attached to a permission for development adjacent to Park Drive (Ref: WA/2017/1169). The improvements would therefore be secured in the same manner as that of WA/2017/1169. The Applicant has confirmed a willingness to enter into a Section 106 Agreement to secure this.

The County Highway Authority has commented that the application site is accessed via a private road, which does not form part of the public highway. As such, it falls outside the County Highway Authority’s jurisdiction. However, notwithstanding this, the County Highway Authority considers that the proposed development would not result in a significant increase in vehicular trips on the surrounding road network. No highway requirements are therefore raised with regard to the application.

With regard to parking, 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.

The proposal would generate a parking requirement of 18.5 spaces to accord with the Council’s Parking Guidelines. As a total of 19 spaces would be provided on site, it is considered that the parking provision would be acceptable.

Archaeology

Retained Policies HE14 and HE15 of the Local Plan 2002 require that appropriate desk based or field surveys should be submitted with an application and appropriate measures taken to ensure any important remains are preserved. These policies are afforded full weight owing to their consistency with the NPPF.

The County Archaeologist has commented that, in the absence of a detailed archaeological assessment being submitted, further investigations would be required to assess the extend of the surviving remains of the former house and identify any mitigation measures that may be required. In the first instance, it is recommended that an archaeological field evaluation and programme of research should be carried out in order to identify the area of the house that occupies the site and assess the threat to the buried archaeology posed by the development works. Areas where the new build impacts upon remains of Bramley Park will likely need to be subject to further investigation. As the archaeological remains are considered to not likely be of sufficient significance to require that they are preserved in situ, it would be proportionate and appropriate to secure the recommended programme of archaeological work by the imposition of a planning condition on any grant of permission. No objection is raised subject to this. Standard of accommodation and provision of 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.

The proposed units would have the following internal floorspace:

Unit No. Bed No. Internal Technical Space Floorspace (m2) Standard (m2) 1 3 178 102 2 3 188 102 3 2 142 79 4 3 187 102 5 2 142 79 6 3 186 102 7 2 144 79 8 3 164 102

As set out, all units would be of a size to accord with the Technical Space Standards. In addition, Officers are satisfied that the units would benefit from sufficient outlook and light so as to result in an acceptable standard of accommodation.

Policy LRC1 of the Local Plan 2018 (Part 1) sets out that the provision of new open space, sports, leisure and recreation facilities and the promotion of outdoor recreation and access to the countryside will be encouraged. Proposals for new residential development will be expected to make provision for play space having regard to Fields in Trust (FIT) standards.

The FIT standards set out a requirement of a Local Area of Play (LAP) for development proposals of 5 – 10 dwellings. In this instance, there would be no formal play area proposed within the site, although there would be sufficient amenity space within the site which Officers consider to be capable of serving the proposed units. Full details of how the amenity space would be divided could be secured by means of a planning condition should permission be granted.

Having regard to the location of the development, not being in a central, readily accessible area for other residents, it is considered that the site would not lend itself to the provision of a formal LAP. The conflict with Policy LRC1 in terms of adherence to the FIT standards, however, would be a matter to weigh in the planning balance.

Refuse and recycling

A bin store is shown on submitted plans and full details of this could be secured by means of a planning condition should permission be granted. Officers are nevertheless satisfied that there is space within the site which could provide for sufficient storage space.

Land contamination

The site is identified as an area of potentially contaminated land. In support of the proposal, the following document has been submitted for review:  Soils Ltd, main investigation report, Colemans Yard, Park Drive, Bramley Reference 16922/MIR June 2018.

The report has identified the need for further ground sampling due to identified hydrocarbons and asbestos fibres in the soils. The Council’s Environmental Pollution Control Officer has reviewed the submitted document and has commented that ground gas issues and a former landfill being located to the north of the site are matters which need to be explored further for the site. As such, conditions have been recommended should permission be granted.

Flooding and drainage

The application is supported by:  Flood Risk Assessment and Surface Water Drainage Strategy for Planning – Issue No. 2, UNDA, October 2018, document reference: 88212-HuntGroup-ColemansYd  Completed Surface Water Drainage Summary Pro-forma, Unda Consulting Limited, 17th October 2018.

The submitted documents set out that there are no drains or ditches located within the application site boundary. The nearest watercourse is a brook, 60m to the north which drains into the Hascombe Stream approximately 140m to the north of the site. An existing foul water sewer is located approximately 40m to the north of the site.

It is proposed to manage surface water runoff generated by the proposed development using infiltration SuDS. Runoff from the hard surfacing is intended to be collected, stored and allowed to infiltrate into permeable pavement/porous tarmac located underneath the hard surfacing. Runoff from roof surfaces of the proposed dwellings and patios would be directed to a soakaway located to the north of the residential building.

The LLFA is satisfied that the proposed drainage scheme would meet the requirements of the NPPF, NPPG and Technical Standards. Should permission be granted, conditions have been recommended to ensure that the SuDS scheme is properly implemented and maintained throughout the lifetime of the development. Subject to this, Officers raise no objection with regard to drainage matters.

Heritage considerations

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.

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 Policy HE8 of the Local Plan 2002 is afforded substantial weight due to its level of consistency with the NPPF and seeks to ensure that the development preserves or enhances the character of Conservation Areas.

In this instance, part of the red application site line falls within the Bramley Conservation Area. This relates to an existing track off Park Drive. None of the proposed built form would fall within the Conservation Area.

Bramley is a settlement that grew either side of the medieval route between and Horsham. The age of the buildings reflect its late medieval consolidation and the subsequent eighteenth and nineteenth century expansion. The significance of the settlement is as an outlying village relating to the economic draw of an important medieval .

Officers are satisfied that the current proposal would not detract from the character or significance of the Conservation Area. As such the proposal is considered to accord with Policy HA1 of the Local Plan 2018 (Part 1), retained Policy HE8 of the Local Plan 2002 and Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

Impact on trees and Ancient Woodland

The application site falls within 500m of ancient woodland. However, as the proposal is well separated from the defined Ancient Woodland itself (approximately 240m), 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.

Biodiversity and compliance with Habitat Regulations 2017

Policy NE1 of the Local Plan (Part 1) 2018 states that the Council will seek to conserve and enhance biodiversity. Development will be permitted provided it retains, protects and enhances biodiversity and ensures any negative impacts are avoided or, if unavoidable, mitigated.

Further, 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 is supported by:  Preliminary Ecological Appraisal and eDNA analysis for Great Crested Newts, prepared by Arbeco dated June 2018  Interim Bat Activity Transect Survey Report, prepared by Arbeco dated June 2018

Surrey Wildlife Trust has reviewed the submitted documents and considers that they provide much useful information to be able to assess the potential status of protected and important species on the site and the likely effect of the development on them. It is recommended that should permission be granted, the actions set out within the submitted documents should be undertaken by the Applicant. A condition is recommended to this effect, which Officers consider to be reasonable. Subject to the imposition of conditions therefore, it is considered that the proposal would comply with Policy NE1 of the Local Plan 2018 (Part 1).

Infrastructure contributions

The three tests as set out in Regulation 122(2) require s106 agreements to be:  necessary to make the development acceptable in planning terms;  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.

From 6th April 2015, CIL Regulation 123 was amended to mean that the use of pooled contributions under Section 106 of the Town Country Planning Act is restricted.

Policy ICS1 of Local Plan 2018 (Part 1) states that infrastructure considered necessary to support new development must be provided either on- or off-site or by the payment of contributions through planning obligations and/or the Community Infrastructure Levy. The Council will resist the loss of key services and facilities unless an appropriate alternative is provided or evidence is presented which demonstrate that the facility is no longer required. New services and facilities where required will be supported. Land for infrastructure, as identified through the Infrastructure Delivery Plan, will be safeguarded.

The following contributions are sought and justified in this instance: Highways improvements N/A – not a financial contribution Affordable Housing £300,316 Leisure £6,250

The applicant has indicated a willingness to enter into a suitable legal agreement to secure relevant contributions. As of yet, a signed and completed legal agreement has not been received. However, it is anticipated that an agreement would be entered into. Subject to the receipt of a suitable, signed legal agreement to secure the abovementioned contributions, it is concluded that the proposal would adequately mitigate for its impact on local infrastructure and the proposal would comply with the requirements of the Local Plan and the NPPF in respect of infrastructure provision. Accessibility and Equalities Act 2010, Crime and Disorder and Human Rights Implications

The application sets out that the units would be ‘Part M’ (Building Regulations) compliant to allow easy access and use. There would be wider doors, disabled compliant W.Cs to the ground floor, a level approach and threshold to the front door to allow for wheelchair access and appropriately positioned light fittings and power sockets for wheelchair users.

Environmental Impact Regulations 2017

The proposal is considered not to be EIA development under either Schedule 1 or 2 of the EIA Impact Regulations 2017 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.

Development Management Procedure Order 2015 - 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 paragraph 38 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.

Very Special Circumstances

It has been concluded that the proposed development would not fall under any of the exceptions listed in the NPPF and would constitute inappropriate development in the Green Belt in this regard. In considering whether there are Very Special Circumstances, Officers have had regard to the following:

Whilst Officers understand that the site is not in active use at present, the existing lawful use of the site is for storage purposes (Use Class B8). It is considered that such use could have a varying impact on the openness of the Green Belt in its own right, depending on the level of storage on the site. Indeed, the storage could reach a considerable height within the site and cover the majority of the site’s footprint. There is potential therefore that the existing lawful use of site could result in a comparable or even greater impact on the Green Belt than the proposed development. As a Certificate of Lawfulness has been granted for the Class B8 use, it is considered that considerable weight could be attributed to this lawful use and its associated impact that it could have on the openness of the Green Belt.

It is acknowledged that the proposal would result in a considerable reduction in hard standing within the site. At present, the entire site is covered in hard standing and the proposal would introduce areas of soft landscaping. The applicant has set out that the associated reduction would amount to 56%. This would be a significant reduction and would be a positive aspect in terms of the visual impact associated with this.

However, it is considered that the proposal would result in a considerable increase in built form on the site in terms its volume. The Applicant has, following the carrying out of ground investigation surveys, set out that the existing hard standing on site has an associated volume of 2913m3. Whilst the Applicant has also set out a potential volume which could be associated with the existing lawful storage use on the land (which would result in a volume reduction), Officers consider that this specific figure cannot be afforded weight in terms of volume calculations as it is not reflective of an existing situation, only a possible situation. Based on the proposed volume figures submitted for the proposed development, there would be an increase of 2250m3 (77%). Nevertheless, as set out above, it is considered that as weight can be afforded to the fact that there is a lawful use and, the site is capable of having a greater volumetric impact than the proposed built form subject of this application.

Having regard to these factors, whilst it is acknowledged that taking the site in its existing state, the proposal would have a greater impact on the openness of the Green Belt; Officers recognise that the site could be used for a more intensive Class B8 storage use. If brought back into an active use, the impact on the Green Belt has the potential to be far greater than the impact arising from the current proposal. The planning history and lawful use is a material consideration and, in this instance, it is considered that Very Special Circumstances exist to outweigh the harm to the Green Belt and any other harm. Response to Third Party Representations

The objections and general observations made by Third Parties are noted by Officers and have been considered as part of the assessment which has been undertaken for the application.

A number of the matters raised, particularly in relation to highway matters such as vehicular movements, sight lines and highway safety, along with affordable housing and impact on the Green Belt, AONB and AGLV, have been considered as part of the assessment undertaken in relevant sections of this report.

With regard to the comments about future infill development and applications for housing on land adjacent to the current application site, Officers would advise that each application is judged on its own merits having regard to the Development Plan.

The Applicant has provided some clarification on the burning which has taken place on site, in that it was arson, and also in relation to the removal of asbestos felling of trees. The Applicant has set out that the felling has taken place following communication with the Forestry Commission and the asbestos has been cleared on site by a licenced company in accordance with strict government guidance.

It is noted that a comment has been made with regard to the positioning of a site notice. It is assumed that this comment relates to the display of a white site notice which is put up by Officers. In this instance, a white site notice was displayed near the entrance to Park Drive as it was felt that this location was viewable by existing residents of the area. The purpose of the site notice display is to advertise the application so that members of the public can be alerted to the application and can comment if they wish to do so. Had the white site notice been displayed at the entrance to the application site, it was felt that it would not be readily visible to members of the public to enable this to happen.

With regard to consultation, whilst the Council encourages Applicants to liaise with the community and Parish/Town Council prior to submitting an application, Officers are unable to enforce this.

In relation to previous planning conditions requiring landscaping of the site, Officers would advise that the enforcement of conditions would be a matter to be considered by the Council’s Enforcement Team. It appears from the Third Party comment on this matter that this contact has already been made. Officers would advise that, should permission be granted for the current application, in the instance that it was implemented, any previous conditions would no longer bite as the permission would, in effect, supersede any previous permissions.

Conclusion

Officers consider that the proposed development would be acceptable in Green Belt terms as Very Special Circumstances exist to outweigh the identified harm. Further, on balance, it is considered that the proposal would not result in material harm to the AONB or AGLV and it would be of an acceptable size, scale and design which would not result in any material harm to neighbouring amenity.

It is acknowledged that the proposal would result in the loss of an existing Class B8 use and that there would be no provision of a LAP within the site. This would result in conflict with Policies EE2 and LRC1 of the Local Plan 2018 (Part 1). However, officers are satisfied that sufficient amenity space would be provided within the site to serve its future occupants and the site is not considered to be a ‘suitably located’ for employment purposes.

In applying the planning balance, officers consider that the benefits of providing housing and contributions towards an identified affordable housing need within the Borough would outweigh the harm of the site not providing for a LAP and the loss of the Class B8 use. On this basis, it is recommended that permission be granted.

RECOMMENDATION A

That, subject to the completion of a Section 106 Agreement to secure financial contributions towards affordable housing and leisure facilities and highway improvement works, permission be GRANTED subject to the following conditions:

1. Condition The plan numbers to which this permission relates are: 333/100 Location Plan 333/101 Block Plan 333/102 Rev A Site Plan & Roof Plan 333/103 Rev A Floor plans 333/106 Rev A Proposed Elevations 333/107 Proposed Garages 333/109 Foul Sewer Map & Connection CM/18524 Existing levels 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 Policy TD1 of the Local Plan 2018 (Part 1) and retained Policies D1 and D4 of the Local Plan 2002.

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

Reason In the interests of the visual amenities of the area in accordance with Policy TD1 of the Local Plan Part 1 2018 and retained Policies D1 and D4 of the Waverley Borough Local Plan 2002. This is a pre commencement condition as the matter goes to the heart of the permission.

3. Condition Prior to the commencement of development, details showing the existing and proposed ground levels of the site, and proposed finished floor levels of the units, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in strict accordance with the approved details.

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. This is a pre commencement condition because it involves the construction process.

4. Condition Prior to the first occupation of the units hereby permitted, details of the proposed boundary treatments both around and within the site shall be submitted to and approved in writing by the Local Planning Authority. All proposed walls, fences or other means of enclosure, shall be erected prior to the date of first occupation of each relevant dwelling in accordance with the approved details and shall thereafter be retained and maintained for its purpose. Reason In the interests of the visual amenities of the area in accordance with Policy TD1 of the Local Plan Part 1 2018 and retained Policies D1 and D4 of the Waverley Borough Local Plan 2002.

5. Condition Prior to the installation of any external lighting on the site, a lighting scheme setting out the location, type, and illumination levels of lighting to be provided on the site shall first be submitted to and approved in writing by the Local Planning Authority. External lighting shall be installed on the site in strict accordance with the approved details and thereafter retained.

Reason To ensure that external lighting is kept to a minimum and to comply with the recommendations of the Bat Conservation Trusts' document entitled 'Bats and Lighting in the UK - Bats and the Built Environment Series', having regard to Policy NE1 of the Local Plan 2018 (Part 1).

6. Condition Prior to the first occupation of the dwellings, details shall be submitted to and be approved in writing by the Local Planning Authority to confirm that the dwellings have been completed to meet the requirement of 110 litres of water per person per day.

Reason To ensure sustainable construction and design in accordance with Policy CC2 of the Waverley Local Plan Part 1 (2018).

7. Condition Each dwelling shall be provided with a fast charge socket (minimum 7kW) for electric vehicle charging. The charging points shall be provided for each dwelling prior to first occupation.

Reason To support users of low and ultra low emission vehicles and enable charging in convenient locations, in accordance with Policy ST1 of the Local Plan 2018 (Part 1) and paragraph 110 of the NPPF 2018 and having regard to Surrey County Council's Vehicular and Cycle Parking Guidance (January 2018). 8. Condition There shall be no burning of any waste or other materials on the site during the demolition and construction phases

Reason To protect residential amenity in accordance with Policy TD1 of the Local Plan 2018 (Part 1) and retained Policies D1 and D4 of the Local Plan 2002.

9. 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: 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 future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems and to ensure the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy TD1 of the Local Plan 2018 (Part 1) and retained Policies D1 and D4 of the Local Plan 2002. 10. 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 9 and shall be submitted to the Local Planning authority for approval prior to occupation of the development.

Reason To ensure that risks from land contamination to future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems and to ensure the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy TD1 of the Local Plan 2018 (Part 1) and retained Policies D1 and D4 of the Local Plan 2002.

11. 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 9, 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 9 of this permission. b) Where required, a remediation scheme in accordance with the requirements as set out in Condition 9. c) Following completion of approved remediation works, a verification report, in accordance with the requirements as set out in Condition 10.

Reason To ensure that risks from land contamination to future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems and to ensure the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy TD1 of the Local Plan 2018 (Part 1) and retained Policies D1 and D4 of the Local Plan 2002.

12. Condition No development shall take place before a scheme has been submitted to and approved in writing by the Local Planning Authority, which specifies the provisions to be made for the control of noise emanating from the site. Thereafter, the use shall not commence until the approved scheme has been fully implemented.

Reason To protect residential amenity in accordance with Policy TD1 of the Local Plan 2018 (Part 1) and retained Policies D1 and D4 of the Local Plan 2002.

13. Condition All plant, machinery and equipment installed or operated in connection with the carrying out of this permission shall be so enclosed and/or attenuated so that the rating level of noise emitted does not exceed the background sound level, when measured according to British Standard BS4142: 2014 at any adjoining or nearby noise sensitive premises.

Reason To protect residential amenity in accordance with Policy TD1 of the Local Plan 2018 (Part 1) and retained Policies D1 and D4 of the Local Plan 2002.

14. Condition If the residential properties are to be completed and occupied prior to the development being finished as whole, a scheme to protect those occupants from noise and vibration shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of the units hereby approved. The development shall be carried out in strict accordance with the approved details.

Reason To protect residential amenity in accordance with Policy TD1 of the Local Plan 2018 (Part 1) and retained Policies D1 and D4 of the Local Plan 2002.

15. Condition No machinery or plant shall be operated, no process shall be carried out and no deliveries taken at or dispatched from the site except between the hours of 08:00 - 18:00 Monday - Friday and 08:00 - 13:00 on Saturdays. No machinery or plant shall be operated, no process shall be carried out and no deliveries taken at or dispatched from the site at any time on Sundays and Public Holidays. Reason To protect residential amenity in accordance with Policy TD1 of the Local Plan 2018 (Part 1) and retained Policies D1 and D4 of the Local Plan 2002.

16. Condition No development shall take place, including any works of demolition, until a Construction Environmental Management Plan has been submitted to, and approved in writing by, the Local Planning Authority. The approved Plan shall be adhered to throughout the construction period. The Plan shall provide for; a) An indicative programme for carrying out of the works b) The arrangements for public consultation and liaison during the construction works c) Measures to minimise the noise (including vibration) generated by the construction process to include hours of work, proposed method of piling for foundations, the careful selection of plant and machinery and use of noise mitigation barrier(s) d) Details of any floodlighting, including location, height, type and direction of light sources and intensity of illumination e) the parking of vehicles of site operatives and visitors f) loading and unloading of plant and materials g) storage of plant and materials used in constructing the development h) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate i) wheel washing facilities j) measures to control the emission of dust and dirt during construction k) a scheme for recycling/disposing of waste resulting from demolition and construction works Where any of the above points are not relevant to the proposed site this should be indicated. The development shall be carried out in strict accordance with the approved details.

Reason To protect residential amenity in accordance with Policy TD1 of the Local Plan 2018 (Part 1) and retained Policies D1 and D4 of the Local Plan 2002. This is a pre commencement condition as it relates to the construction process.

17. Condition Prior to the first occupation of the units hereby permitted, full details of the proposed refuse and recycling stores to serve each unit shall be submitted to and approved in writing by the Local Planning Authority. The stores shall be provided on site prior to the first occupation of the units in strict accordance with the approved details and therefore shall be retained.

Reason To ensure that appropriate refuse and recycling facilities are provided for the future occupants of the site, having regard to Policy TD1 of the Local Plan 2018 (Part 1) and retained Policies D1 and D4 of the Local Plan 2002.

18. Condition No infiltration of surface water drainage into the ground is permitted other than with the first written consent of the Local Planning Authority. The development shall be carried out in strict accordance with any approved details.

Reason To ensure that the development does not contribute to, or is not put at unacceptable risk from, or adversely affected by, unacceptable levels of water pollution caused by mobilised contaminants in line with paragraph 170 of the NPPF.

19. Condition The development shall be carried out in strict accordance with the recommended actions set out within Section 6 of the 'Preliminary Ecological Appraisal and eDNA analysis for Great Crested Newts' and Section 6 of the 'Interim Bat Activity Transect Survey Report' including the biodiversity enhancements, undertaken by Abeco dated June 2018.

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.

20. 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 shall first be submitted to and approved in writing by the Planning Authority

Reason In the interests of preserving the archaeology of the site in accordance with Policy HE15 of the Waverley Borough Local Plan 2002. This is a pre commencement condition as it goes to the heart of the permission. 21. Condition The development hereby permitted shall not commence until details of the design of a surface water drainage scheme have been submitted to and approved in writing by the planning authority. The design must satisfy the SuDS Hierarchy and be compliant with the national Non- Statutory Technical Standards for SuDS, NPPF and Ministerial Statement on SuDS. The required drainage details shall include:

a) Evidence that the proposed solution will effectively manage the 1 in 30 & 1 in 100 (+40%) allowance for climate change storm events and 10% allowance for urban creep, during all stages of the development (Pre, Post and during), associated discharge rates and storages volumes shall be provided using an infiltration based drainage strategy with evidence submitted to confirm any onsite contamination does not pose a risk to groundwater (as per the SuDS pro-forma or otherwise as agreed by the LPA). b) Detailed drainage design drawings and calculations to include: a finalised drainage layout detailing the location of drainage elements, pipe diameters, levels, and long and cross sections of each element including details of any flow restrictions and maintenance/risk reducing features (silt traps, inspection chambers etc.). c) Details of how the drainage system will be protected during construction and how runoff (including any pollutants) from the development site will be managed before the drainage system is operational. d) Details of drainage management responsibilities and maintenance regimes for the drainage system. e) A plan showing exceedance flows (i.e. during rainfall greater than design events or during blockage) and how property on and off site will be protected. The development shall be carried out in strict accordance with the approved details.

Reason To ensure the design meets the national Non-Statutory Technical Standards for SuDS and the final drainage design does not increase flood risk on or off site, in accordance with Policy CC4 of the Local Plan 2018 (Part 1). This is a pre commencement condition as it goes to the heart of the permission.

22. Condition Prior to the first occupation of the development, a verification report carried out by a qualified drainage engineer must be submitted to and approved by the Local Planning Authority. This must demonstrate that the drainage system has been constructed as per the agreed scheme (or detail any minor variations), provide the details of any management company and state the national grid reference of any key drainage elements (surface water attenuation devices/areas, flow restriction devices and outfalls).

Reason To ensure the drainage system is constructed to the National Non- Statutory Technical Standards for SuDS, having regard to Policy CC4 of the Local Plan 2018 (Part 1).

23. Condition No development shall commence, including any groundwork preparation, until a detailed, scaled Tree Protection Plan 'TPP' and related Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority. These shall include details of the specification and location of exclusion fencing, ground protection and any construction activity that may take place within the Root Protection Area of trees shown to scale on the TPP including installation of service routings and site access. All works shall be carried out in strict accordance with the approved details.

Reason To adequately protect all trees worthy of retention from development harm and to provide for their amenity contribution thereafter, in accordance with Policy NE2 of the Local Plan 2018 (Part 1) and retained Policies D6 and D7 of the Waverley Borough Local Plan 2002. This is a pre commencement condition as it goes to the heart of the permission.

24. Condition Prior to the commencement of development, 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 the root protection areas of retained trees shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in strict accordance with the approved details.

Reason To adequately protect all trees worthy of retention from development harm and to provide for their amenity contribution thereafter, in accordance with Policy NE2 of the Local Plan 2018 (Part 1) and retained Policies D6 and D7 of the Waverley Borough Local Plan 2002. This is a pre commencement condition as it goes to the heart of the permission.

25. 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 all trees worthy of retention from development harm and to provide for their amenity contribution thereafter, in accordance with Policy NE2 of the Local Plan 2018 (Part 1) and retained Policies D6 and D7 of the Waverley Borough Local Plan 2002. This is a pre commencement condition as it goes to the heart of the permission.

26. Condition No development shall commence 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 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. This is a pre commencement condition as it goes to the heart of the permission. 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 £116.00 or a reduced rate of £34.00 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. This permission creates one or more new units which will require a correct postal address. Please contact the Street Naming & Numbering Officer at Waverley Borough Council, The Burys, , Surrey GU7 1HR, telephone 01483 523029 or e-mail [email protected] For further information please see the Guide to Street and Property Naming on Waverley's website.

4. 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.

5. The granting of any permission does not in any way indemnify against statutory nuisance action being taken should substantiated complaints within the remit of the Environmental Protection Act 1990 be received. For further information please contact the Environmental Health Service on 01483 523393.

6. The applicant should take all relevant precautions to minimise the potential for disturbance to neighbouring residents during the demolition and/or construction phases of the development. 7. The applicant's attention is drawn to the comments made by the Environment Agency in their letter dated 11/10/2018, with particular regard to the following: - The site investigation report notes in section 4.4.2, without groundwater samples it is not possible to assess the level of risk. According to our records groundwater should lie about 2-3 metres below ground within the Hythe Beds, Principal aquifer, so is easily accessed. - Additional works are recommended in Section 5.2 of the report. We suggest groundwater quality monitoring is added to these works.

8. The drainage strategy presently indicates using a tanked permeable pavement solution with overflow to the nearby water course due to the potential for contamination within the soils. Further characterisation of the site may identify areas of the site where infiltration drainage could be achieved without adverse impact.

9. If proposed site works affect an Ordinary Watercourse, Surrey County Council as the Lead Local Flood Authority should be contacted to obtain prior written Consent. More details are available on our website.

10. If proposed works result in infiltration of surface water to ground within a Source Protection Zone the Environment Agency will require proof of surface water treatment to achieve water quality standards.

11. The refuse and recycling provision will need to comply with the Council's Guide for Developers document: http://www.waverley.gov.uk/downloads/file/4123/guidance_on_refuse_an d_recycling_provision_for_new_homes

12. Refuse and recycling bins shall need to be ordered at least 4 weeks prior to the occupation of the dwellings. For the requirements for each dwelling, the applicant's attention is drawn to the comments provided by the Council's Waste & Recycling Officer dated 06/11/2018.

13. 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 2018. RECOMMENDATION B

That, in the event that a Section 106 Agreement is not completed within 6 months of the resolution to grant permission, permission be REFUSED for the following reasons:

1. Reason In the absence of a completed legal agreement, the proposal would fail to secure contributions towards off-site affordable housing and as such, the development would fail to provide a sustainable, inclusive and mixed community. The proposal would be contrary to Policy AHN1 of the Local Plan 2018 (Part 1).

2. Reason In the absence of a completed legal agreement, the proposal would fail to secure highway improvement works and contributions towards leisure facilities and as such, would fail to mitigate the effects of the proposal upon infrastructure. It would therefore conflict with Policies SP2 and ICS1 of the Local Plan 2018 (Part 1).