18/p/01642 - borough of guildford...a) the results of infiltration testing completed in accordance...

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Page 1: 18/P/01642 - Borough of Guildford...a) The results of infiltration testing completed in accordance with BRE Digest: 365 and confirmation of groundwater levels. b) Evidence that the
Page 2: 18/P/01642 - Borough of Guildford...a) The results of infiltration testing completed in accordance with BRE Digest: 365 and confirmation of groundwater levels. b) Evidence that the

18/P/01642 – Land to the rear of Tilthams Garage, 62-66 Ash Street,

Aldershot, Guildford

Not to scale

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App No: 18/P/01642 8 Wk Deadline: 01/03/2019Appn Type: Full ApplicationCase Officer: Michael ParkerParish: Ash Ward: Ash South & TonghamAgent : Colin Kiely

Kiely Planning Limited208 High StreetGuildfordGU1 3JB

Applicant: Mr Witheymanc/o agent

Location: Land to the rear of Tilthams Garage, 62-66 Ash Street, Aldershot,Guildford, GU12 6LR

Proposal: Erection of 12 houses with associated access, parking andlandscaping

Executive Summary

Reason for referral

This application has been referred to the Planning Committee at the request of Councillor PaulSpooner who is concerned that the application has not adequately addressed all the concernsfrom the previously refused scheme 17/P/02472 and may have a detrimental impact on thecharacter of the existing site and would be out of keeping with the character of the surroundingarea contrary to policy G5 of the saved Local Plan and D1 of the emerging Local Plan.

Key information

The application seeks planning permission for the erection of 12 houses with associated access,parking and landscaping.

The proposal comprises 6 x 3 bed and 6 x 2 bed units accessed from Ash Lodge Close to theeast. Three pairs of semi-detached houses are shown to the south of the site with a terrace of sixhouses to the north. Each dwelling benefits from a private rear garden together with two carparking spaces and secure parking for two cycle

The application site extends to 0.32 ha and is located to the south of Tilthams Garage. It includesAsh Lodge Close which is a private road. The site is primarily open in character and is currentlyaccessed from Tilthams Garage to the north.

To the east, south and north east is residential development comprising in the main detached,semi-detached and terraced development. Whilst there is little variation in the form of residentialdevelopment, there is variety in materials including the use of tile hanging, facing brickwork andrender.

The site is within the designated Urban Area, the 400m - 5km buffer zone of the Thames BasinHeaths Special Protection Area and is designated contaminated land.

There is a Grade II listed property to the north west of the site, 58 Ash Street, however due to thedistance away it is not considered to be a material consideration for this application.

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Summary of considerations and constraints

It is found that the overall scale, appearance and layout of the proposal would cause some harmto the character of the site and surrounding area. This weighs against the proposal.

It would not cause unacceptable harm to neighbouring amenity or the amenity of futureoccupants. The proposal has also been found acceptable in terms of the impact of the proposalon air quality, surface water drainage, refuse, contamination and sustainable construction.

The proposal would provide much needed housing and affordable housing which adds weight infavour of the application.

It is concluded that on balance the benefits of providing much needed housing and affordablehousing would outweigh the limited harm identified to the character of the site and surroundingarea.

As such the application is recommended for approval subject to the applicant entering in to aS.106 agreement to secure the following:

A SANGS contribution and an Access Management and Monitoring Contribution inaccordance with the adopted tariff of the SPA Avoidance Strategy to mitigate against theimpact on the Thames Basin Heaths Special Protection AreaEducation contributions towards early years, primary school and secondary school projectsOn site affordable housing provision (3 x Affordable Rent and 2 x Shared Ownership, unlessotherwise agreed)

RECOMMENDATION:(i) That a S106 agreement be entered into to secure:

A SANGS contribution and an Access Management and MonitoringContribution in accordance with the adopted tariff of the SPA AvoidanceStrategy to mitigate against the impact on the Thames Basin Heaths SpecialProtection AreaEducation contributions towards early years, primary school and secondaryschool projectsOn site affordable housing provision (3 x Affordable Rent and 2 x SharedOwnership, unless otherwise agreed)

(ii) That upon completion of (i) above, the application be determined by theDirector of Planning and Regeneration. The preliminary view is that theapplication should be granted subject to conditions.

Approve - subject to the following condition(s) and reason(s) :-

1. The development hereby permitted shall be begun before the expiration of twoyears from the date of this permission.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990as amended by Section 51(1) of the Planning and Compulsory Purchase Act2004.

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2. The development hereby permitted shall be carried out in accordance with thefollowing approved plans: 1648-P001-B, P003-C, P004-C, P005-D, P006-C,P101-C, P102-C, P103-C, P104-B, P301-C, P302-C, P303-C, P304-C receivedon 17/08/2018, and 1648-P201-D received on 31/10/2018.

Reason: To ensure that the development is carried out in accordance with theapproved plans and in the interests of proper planning.

3. No development shall take place until written confirmation has been obtainedfrom the local planning authority that Suitable Alternative Natural Green Space(SANG) has been secured and no dwelling shall be occupied before writtenconfirmation has been obtained from the local planning authority that the worksrequired to bring the land up to acceptable SANG standard have beencompleted.

Reason: This is required as a pre-commencement condition as thedevelopment is only acceptable if the impact on the Thames Basin HeathsSpecial Protection Area can be mitigated. This is reliant on the provision ofSANG. Avoidance works associated with development need to be carried outprior to the occupation of the development so that measures can cater forincreased number of residents to avoid adverse impact on the Thames BasinHeaths Special Protection Area.

4. No development shall take place until full details of existing and proposedfinished site levels, finished floor and ridge levels of the buildings to be erected,and finished external surface levels have been submitted to and approved inwriting by the Local Planning Authority. The development shall thereafter beconstructed in accordance with the approved details.

Reason: In order to ensure the height of the development is appropriate to thecharacter of the area and in order to safeguard the amenities of the occupiers ofneighbouring properties. It is considered necessary for this to be apre-commencement condition because the adequate control of site levels goesto the heart of the planning permission.

5. No development related works shall take place on site until an ArboriculturalMethod Statement (AMS) and Tree Protection Plan (TPP), in accordance withBS 5837:2012 Trees in Relation to Design, Demolition and Construction (andincluding details of a site meeting process with the retained consultingarboriculturalist and the LPA Tree Officer), are submitted to and approved inwriting by the Local Planning Authority. The approved Arboricultural MethodStatement must be adhered to in full, and may only be modified subject towritten agreement from the LPA. No development shall commence until treeprotection measures, and any other pre-commencement measures as set out inthe AMS and TPP, have been installed/implemented. The protection measuresshall be maintained in accordance with the approved details, until all equipment,machinery and surplus materials have been moved from the site.

Reason: To protect the trees on site which are to be retained in the interests ofthe visual amenities of the locality. It is considered necessary for this to be apre-commencement condition because the adequate protection of trees prior to

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works commencing on site goes to the heart of the planning permission

6. No development shall commence until a Construction Transport ManagementPlan, to include details of:(a) parking for vehicles of site personnel, operatives and visitors(b) loading and unloading of plant and materials(c) storage of plant and materials(d) programme of works (including measures for traffic management)(e) provision of boundary hoarding behind any visibility zones(f) vehicle routing(g) measures to prevent the deposit of materials on the highway(h) on-site turning for construction vehicles(i) before and after construction condition surveys of the highway and acommitment to fund the repair of any damage caused(j) no HGV movements to or from the site shall take place between the hours of8.30 and 9.15 am and 3.15 and 4.00 pm nor shall the contractor permit anyHGVs associated with the development at the site to be laid up, waiting, in AshLodge Drive, Ash Street or Manor Road, during these times.

has been submitted to and approved in writing by the Local Planning Authority.Only the approved details shall be implemented during the construction of thedevelopment.

Reason: In order that the development should not prejudice highway safety norshould it inconvenience other highway users. It is considered necessary for thisto be a pre-commencement condition because the satisfactory control ofconstruction traffic goes to the heart of the planning permission and must be inplace prior to any works starting on site.

7. The development hereby permitted shall not commence until details of thedesign of a surface water drainage scheme have been submitted to andapproved in writing by the planning authority. The design must satisfy the SuDSHierarchy and be compliant with the national Non-Statutory Technical Standardsfor SuDS, NPPF and Ministerial Statement on SuDS. The required drainagedetails shall include:a) The results of infiltration testing completed in accordance with BRE Digest:365 and confirmation of groundwater levels.b) Evidence that the proposed solution will effectively manage the 1 in 30 & 1 in100 (+40%) allowance for climate change storm events and 10% allowance forurban creep, during all stages of the development (Pre, Post and during),associated discharge rates and storages volumes shall be provided using aGreenfield discharge rate of 1.5l/s (as per the SuDS pro-forma or otherwise asagreed by the LPA).c) Detailed drainage design drawings and calculations to include: a finaliseddrainage layout detailing the location of drainage elements, pipe diameters,levels, and long and cross sections of each element including details of any flowrestrictions and maintenance/risk reducing features (silt traps, inspectionchambers etc.).d) Details of how the drainage system will be protected during construction andhow runoff (including any pollutants) from the development site will be managedbefore the drainage system is operational.e) Details of drainage management responsibilities and maintenance regimes

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for the drainage system.f) A plan showing exceedance flows (i.e. during rainfall greater than designevents or during blockage) and how property on and off site will be protected.

Reason: To ensure the design meets the national Non-Statutory TechnicalStandards for SuDS and the final drainage design does not increase flood riskon or off site. It is considered necessary for this to be a pre-commencementcondition because the implementation of a satisfactory SuDS drainage systemgoes to the heart of the planning permission.

8. Prior to the first occupation of the development, a verification report carried outby a qualified drainage engineer must be submitted to and approved by theLocal Planning Authority. This must demonstrate that the drainage system hasbeen constructed as per the agreed scheme (or detail any minor variations),provide the details of any management company and state the national gridreference of any key drainage elements (surface water attenuationdevices/areas, flow restriction devices and outfalls).

Reason: To ensure the Drainage System is constructed to the NationalNon-Statutory Technical Standards for SuDS.

9. Prior to the commencement of construction work, the following shall besubmitted to and agreed in writing by the Local Planning Authority:

(a) a detailed Phase II intrusive investigation for land contamination carried outby a suitably qualified and accredited consultant/contractor in accordance with aQuality Assured sampling and analysis methodology and in accordance with therecommendations made in section 7.2 of the Desk Study Report by CardGeotechnics Limited, reference: CG/28278, dated September 2017.

(b) Should Land Contamination Remediation Works be identified as necessaryunder 1(a), no development shall take place until a detailed remediation schemeto bring the site to a condition suitable for the intended use has been submittedto and approved by the Local Planning Authority. The development shall becarried out in accordance with the approved remediation scheme. Theremediation scheme must include all works to be undertaken, proposedremediation objectives and remediation criteria, timetable of works and sitemanagement procedures and any necessary long term maintenance andmonitoring programme. The scheme must ensure that the site will not qualify ascontaminated land under Part 2A of the Environmental Protection Act 1990, inrelation to the intended use of the land after remediation.

Reason: To ensure any contamination of the site is remediated and to protectproposed occupants of the applicant site and adjacent land. It is considerednecessary for this to be a pre-commencement condition because theimplementation of a satisfactory contamination remediation works goes to theheart of the planning permission.

10. Following the completion of the remediation work as per the approvedremediation scheme, a validation report (documentary proof) shall be providedto the Local Planning Authority together with a quality assurance certificate to

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show that the works have been carried out in full accordance with the approvedremediation strategy. Details of any post remediation sampling and analysis toshow the site has reached the required clean-up criteria shall be included in thevalidation report together with the necessary documentation detailing whatwaste material has been removed from the site.

The validation report shall be submitted to and agreed in writing by the LocalPlanning Authority, before the development hereby permitted is first occupied byany person not directly involved in constructing the development.

Reason: To ensure any contamination of the site is remediated to a 'suitable foruse' standard and to protect proposed occupants of applicant site and adjacentland.

11. Prior to the construction, excluding ground preparation and foundation works, ofthe development hereby approved details and/or samples of the proposedexternal facing and roofing materials including colour and finish shall besubmitted to and approved in writing by the local planning authority. Thedevelopment shall be carried out in accordance with the approved details andsamples.

Reason: To ensure that the external appearance of the dwellings is satisfactory.

12. The development hereby approved shall not be first occupied until a hard andsoft landscaping scheme, including details and samples of hard landscaping,has been submitted to and approved in writing by the Local Planning Authority.

The hard and soft landscaping scheme, other than planting, seeding or turfing,shall be implemented in accordance with approved details and samples prior tothe first occupation of the development. All planting, seeding or turfing shownon the approved landscaping proposal shall be carried out in the first plantingand seeding season following the occupation of the development or thecompletion of the development, whichever is the sooner. Any trees or plantswhich, within a period of five years after planting, are removed, die or becomeseriously damaged or diseased in the opinion of the local planning authority,shall be replaced in the next available planting sooner with others of similar size,species and number, unless otherwise agreed in writing by the local planningauthority.

Reason: To ensure the provision, establishment and maintenance of anappropriate landscape scheme in the interests of the visual amenities of thelocality.

13. Prior to the commencement of development, an energy statement shall besubmitted to and approved in writing by the Local Planning Authority. This shallinclude details of how energy efficiency is being addressed, includingbenchmark data and identifying the Target carbon Emissions Rate TER for thesite or the development as per Building Regulation requirements (for types ofdevelopment where there is no TER in Building Regulations, predicted energyusage for that type of development should be used) and how a minimum of 20per cent reduction in carbon emissions against the TER or predicted energy

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usage through the use of on site low and zero carbon technology shall beachieved. The approved details shall be implemented prior to the firstoccupation of the development and retained as operational thereafter.

Reason: To reduce carbon emissions and incorporate sustainable energy inaccordance with the Council’s Sustainable Design and Construction SPD 2011and emerging Local Plan.

14. The development hereby permitted must comply with regulation 36 paragraph2(b) of the Building Regulations 2010 (as amended) to achieve a waterefficiency of 110 litres per occupant per day (described in part G2 of theApproved Documents 2015). Before occupation, a copy of the wholesome waterconsumption calculation notice (described at regulation 37 (1) of the BuildingRegulations 2010 (as amended)) shall be provided to the planning departmentto demonstrate that this condition has been met.

Reason: To improve water efficiency in accordance with the Council'sSupplementary Planning Guidance 'Sustainable Design and Construction' 2011.

15. Prior to the first occupation of the dwellings hereby approved full details of thescale, appearance and materials of the secure cycle parking and refuse storagefacilities for the occupants of the development hereby approved shall besubmitted to and approved in writing by the local planning authority. Thesefacilities shall be fully implemented and made available for use prior to theoccupation of the development hereby permitted and shall thereafter be retainedfor such use at all times.

Reason: To ensure that satisfactory facilities for the parking of cycles and refusestorage are provided, to encourage travel by means other than private motorvehicles and to protect visual and neighbouring amenity respectively.

16. The development hereby approved shall not be first occupied unless and untildetails have been provided and agreed in writing by the Local Planning Authorityregarding a scheme to formalise the vehicular access to 11 Ash Lodge Close,and the agreed formalisation scheme has been completed.

Reason: To provide off street parking for no.11 in order that the developmentshould not prejudice highway safety nor cause inconvenience to other highwayusers.

17. The development hereby approved shall not be first occupied until an amendedsite plan showing the position of the access road and parking spaces (includingtwo parking spaces at the western end of Ash Lodge Close), for vehicles to beparked and for vehicles (including refuse trucks) to turn so that they may enterand leave the site in forward gear, has been submitted to and approved inwriting by the Local Planning Authority.

The development hereby approved shall not be first occupied unless and untilspace has been laid out in accordance with the agreed details. Thereafter theparking / turning area shall be retained and maintained for their designated

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purpose.

Reason: In order that the development should not prejudice highway safety norcause inconvenience to other highway users.

18. The development hereby approved shall not be first occupied unless and untileach of the proposed dwelling are provided with a fast charge socket (currentminimum requirements - 7 kw Mode 3 with Type 2 connector - 230v AC 32 Ampsingle phase dedicated supply) in accordance with a scheme to be submittedand approved in writing by the Local Planning Authority and thereafter retainedand maintained to the satisfaction of the Local Planning Authority.

Reason: To encourage the use of electric cars in order to reduce carbonemissions.

19. Works related to the construction of the development hereby permitted,including works of demolition or preparation prior to building operations, shallnot take place other than between the hours of 0800 and 1800 Mondays toFridays and between 0800 am and 13.30 pm Saturdays and at no time onSundays or Bank or National Holidays.

Reason: To protect the neighbours from noise and disturbance outside thepermitted hours during the construction period.

Informatives:1. If you need any advice regarding Building Regulations please do not hesitate to

contact Guildford Borough Council Building Control on 01483 444545 [email protected].

2. This statement is provided in accordance with Article 35(2) of the Town andCountry Planning (Development Management Procedure) (England) Order 2015.Guildford Borough Council seek to take a positive and proactive approach todevelopment proposals. We work with applicants in a positive and proactivemanner by:

Offering a pre application advice serviceWhere pre-application advice has been sought and that advice has beenfollowed we will advise applicants/agents of any further issues arising duringthe course of the applicationWhere possible officers will seek minor amendments to overcome issuesidentified at an early stage in the application process

However, Guildford Borough Council will generally not engage in unnecessarynegotiation for fundamentally unacceptable proposals or where significantchanges to an application is required.

In this case pre-application advice was not sought prior to submission and theapplication was acceptable as submitted.

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3. Comments from Recycling and Waste Projects Officer:it is noted that in order for the refuse vehicle to access the site the front andrear of the vehicle may have to go over pathways and verges along its route.the developer must therefore try and minimise the real world implications ofcrossing over onto paths and tree lines as over time this could cause damageto the vehicle or the development.this will mean placing parking restrictions to stop parking such as the roadwaynorth east of parking space 12 because when the vehicle enters a develop itwould be expected to be able to turn around.a standard bin allocation in Guildford Borough is x1 240L refuse bin, x1 240Lrecycling bin and x1 23L food waste caddy.however, please be aware that Guildford Borough has a high subscription ratefor our garden waste scheme and we find that properties with 3+ bedroomsoften request additional recycling bins.therefore suggest that a bin storage area that can accommodate x2 - 3 240Lwheeled bins for units 7 – 12 and x3 - 4 240L wheeled bins for units 1 – 6 isconsidered.

4. Thames Water comments:with regard to surface water drainage, Thames Water would advise that if thedeveloper follows the sequential approach to the disposal of surface water wewould have no objection. Where the developer proposes to discharge to apublic sewer, prior approval from Thames Water Developer Services will berequired. Should you require further information please refer to our website.as you are redeveloping a site, there may be public sewers crossing or close toyour development. If you discover a sewer, it's important that you minimize therisk of damage. We feel you need to check that your development doesn'treduce capacity, limit repair or maintenance activities, or inhibit the services weprovide in any other way. The applicant is advised to read our guide workingnear or diverting our pipes.

5. County Highway Authority comments:if it is the applicant’s intention to offer any of the roadworks included in theapplication for adoption as maintainable highways, permission under the Townand Country Planning Act should not be construed as approval to the highwayengineering details necessary for inclusion in an Agreement under Section 38of the Highways Act 1980. Further details about the post-planning adoption ofroads may be obtained from the Transportation Development Planning Divisionof Surrey County Council.It is the responsibility of the developer to ensure that the electricity supply issufficient to meet future demands and that any power balancing technology isin place if required. Please refer to:http://www.beama.org.uk/resourceLibrary/beama-guide-to-electric-vehicle-infrastructure.html for guidance and further information on charging modes andconnector types.

6. LLFA comments:if proposed site works affect an Ordinary Watercourse, Surrey County Councilas the Lead Local Flood Authority should be contacted to obtain prior writtenConsent. More details are available on our website.if proposed works result in infiltration of surface water to ground within a

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Source Protection Zone the Environment Agency will require proof of surfacewater treatment to achieve water quality standards.if there are any further queries please contact the Sustainable Drainage andConsenting team via [email protected]. Please use our referencenumber in any future correspondence.

7. During demolition or construction phases, adequate control precautions should betaken in order to control the spread of dust on the site, so as to prevent a nuisanceto residents in the locality. This may involve the use of dust screens and importinga water supply to wet areas of the site to inhibit dust.

Officer's Report

Site description.

The application site extends to 0.32 ha and is located to the south of Tilthams Garage. It includesAsh Lodge Close which is a private road. The site is primarily open in character and is currentlyaccessed from Tilthams Garage to the north.

To the east, south and north east is residential development comprising in the main detached,semi-detached and terraced development. Whilst there is little variation in the form of residentialdevelopment, there is variety in materials including the use of tile hanging, facing brickwork andrender.

From information submitted by the applicant it appears that the site has for in excess of 10 yearsbeen used for vehicle storage ancillary to the operation of Tilthams garage. Although nocertificate application has ever been submitted to formalise this.

The site is within the designated Urban Area and the 400m - 5km buffer zone of the ThamesBasin Heaths Special Protection Area.

There is a Grade II listed property to the north west of the site, 58 Ash Street, however due to thedistance away it is not considered to be a material consideration for this application.

Proposal.

Erection of 12 houses with associated access, parking and landscaping.

The proposal comprises 6 x 3 bed and 6 x 2 bed units accessed from Ash Lodge Close to theeast. Three pairs of semi-detached houses are shown to the south of the site with a terrace of sixhouses to the north. Each dwelling benefits from a private rear garden together with two carparking spaces and secure parking for two cycles.

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Relevant planning history.

Reference: Description: DecisionSummary:

Appeal:

17/P/02472 Erection of 12 houses with associated access,parking and landscaping

Refuse04/04/2018

N/A

The above application had 7 reasons for refusal:

1. By reason of the large scale, size, bulk and poor design of the proposed dwellings, thesmall garden sizes and large quantity of hardstanding around the site the proposeddevelopment would appear cramped and overdeveloped, and out of keeping with thecharacter and appearance of the site and immediate area. The development wouldtherefore represent an incongruous addition to the local area and would result in materialharm to the character and appearance of the surroundings. The proposal is considered tobe contrary to policies G5 and H4 of the Guildford Borough Local Plan 2003 (as saved byCLG Direction on 24/09/2007), the Council's Residential Design Guide and the NPPF(paragraph 64).

2. By reason of the height and scale of the proposed units, their higher ground levelwhen compared to no.11 to 17 Wey Close and the back to back proximity betweenproposed units 1 to 6 and no. 11 to 17 Wey Close it is considered that the relationshipbetween units 1 to 6 and numbers 11 to 17 Wey Close would be unacceptable, and wouldhave a materially harmful impact on the occupants in terms of overbearing impact andloss of privacy which could not be successfully mitigated through landscape screening,contrary to policies G1(3) and H4 of the Guildford Borough Local Plan 2003 (as saved byCLG Direction on 24/09/2007), and the NPPF.

3. There is potential for there to be impact on the future occupants from the existinggarage operations to the north of the site due to noise and disturbance concerns. Byreason of the omission of noise assessment officers cannot be satisfied that theamenities of the future occupants would be protected from unacceptable levels of noiseand disturbance contrary to policy G1 (3) of the saved Local Plan and paragraph 17bullet point 4 of the NPPF.

4. The proposal is required to provide an acceptable sustainable urban drainage system.However, the applicant has failed to satisfactorily demonstrate that surface water can bemanaged on the site with a system of on-going maintenance for the lifetime of thedevelopment because insufficient information has been provided regarding the proposedsurface water strategy to show it complies with the requirements laid out under theTechnical Standards . The development therefore fails to accord with policy G1(7) of theGuildford Borough Local Plan 2003 (as saved by CLG Direction on 24/09/2007), theNPPF (paragraphs 100 to 103) and the PPG.

5. By reason of the location of the site, accessing the A323 a feeder road to the A331which has a know air quality issue, there is potential for the proposal to generate an airquality impact in the area. Without the submission of an Air Quality Assessment theCouncil has been unable to assess the potential impact and as such cannot be that theproposed development would not significantly change air quality during the constructionand operational phases; and/or whether there is likely to be a significant increase in thenumber of people exposed to a problem with air quality. Contrary to the guidance of theNPPF (paragraph 17, bullet point 7 and paragraph 120) and the guidance set out withinthe PPG.

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6. The site lies within the 400m to 5km zone of the Thames Basin Heaths SpecialProtection Area (TBHSPA). The Local Planning Authority is not satisfied that there will beno likely significant effect on the Special Protection Area and, in the absence of anappropriate assessment, is unable to satisfy itself that this proposal, either alone or incombination with other development, would not have an adverse effect on the integrity ofthe Special Protection Area and the relevant Site of Special Scientific Interest (SSSI). Inthis respect, significant concerns remain with regard to the adverse effect on the integrityof the Special Protection Area in that there is likely to be an increase in dog walking,general recreational use, damage to the habitat and disturbance to the protected specieswithin the protected areas. As such the development is contrary to the objectives ofpolicies NE1 and NE4 of the Guildford Borough Local Plan 2003 (as saved by CLGDirection on 24/09/07) and conflicts with saved policy NRM6 of the South East Plan 2009. For the same reasons the development would fail to meet the requirements of Regulation63 of The Conservation of Habitats and Species Regulations 2010, as amended, and asthe development does not meet the requirements of Regulation 64 the Local PlanningAuthority must refuse to grant planning permission.

7. Without a completed legal agreement securing the required education infrastructurecontributions as set out within the delegated report an objection is raised in accordancewith policy G6 of the Guildford Borough Local Plan 2003 (as saved by CLG Direction on24/09/07) and the Planning Contributions SPD (2017).

The following levels of contribution and provisions would likely be sought from theapplicant had the application been supported: a financial contribution of £72,469 towardsearly years, primary and secondary infrastructure projects based on the pupil yield of thehousing mix;

The above requirements are based on the current circumstances and informationprovided at the outline stage and therefore may be subject to change.

Without a Section 106 Agreement from the applicant agreeing to these contributions andprovisions, an objection is raised in accordance with the Planning Contributions SPD,policies G6 of the Guildford Borough Local Plan 2003 (as saved by CLG Direction on24/09/2007), and the National Planning Policy Framework.

The proposed application is identical in terms of number and mix of units. However the proposalhas been amended in terms of design, position and size of the proposed dwellings and also theamount of hardstanding proposed.

The new application has also been accompanied with additional drainage, air quality and noiseinformation in order to address the reasons for refusal.

Consultations.

Statutory consultees

Surrey County Council Highway Authority: no objection. The proposed access is onto a privateroad, the public highway starts on Ash Lodge Drive to the east of Ash Lodge Close. Sufficientparking is being provided within the site. A Construction Management Plan has been requestedfor the development to ensure disruption from the implementation of this site is limited. Vehiclerouting will be for the developer to determine, if vehicles are to use Ash Lodge Drive to accessthe site the developer should liaise with the site on the southern side of Ash Lodge Drive in orderto minimise disruption.

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Surrey County Council Lead Local Flood Authority: satisfied that the proposed drainage schememeets the requirements of the NPPF, its accompanying PPG and Technical Standards and canrecommend planning permission is granted. Conditions are recommended to ensure that theSuDS Scheme is properly implemented and maintained throughout the lifetime of thedevelopment.

Natural England: no objection to the submitted Appropriate Assessment.

Thames Water: no objection with regard to waste water network and process infrastructurecapacity

Internal consultees

Head of Environmental Health and Licensing: no objection subject to conditions regarding noise,air quality and contamination

Recycling and Waste Projects Officer: a swept path analysis has been undertaken and appearsto show that the vehicle can enter, turn and leave unimpeded. However, it does look like the frontand rear of the vehicle goes over pathways and verges along its route. The developer will have totry and minimise the real world implications of crossing over onto paths and tree lines as overtime this could cause damage to the vehicle or the development.

Non-statutory consultees

Surrey County Council Education: contributions towards early years, primary and secondaryschool infrastructure required.

Parish Council

Ash Parish Council: Objects,objection 1. Over development of the plotobjection 2. Insufficient amenity spaceobjection 3. Insufficient parkingobjection 4. Loss of parking on Ash Lodge Close must be accommodated on the siteobjection 5. No visitor parking only 2 car spaces per houseobjection 6. The development is within 5 kilometres of an THBSPA siteconcern 1. Loss of privacy overlooking on Wey Closeconcern 2. Potential flooding issues

Third party comments.

9 letters of representation have been received raising the following objections and concerns:flooding and surface water drainage concernsloss of privacy, loss of outlook, loss of light and overbearing impact and increase in noisepollution and disruption to existing residentsoverdevelopment of the siteadverse effect on the character and appearance of the surrounding areatrees must be protected from developmentfurther pressure on already strained local infrastructure, services and facilitiesincrease in traffic - congestion and safety concernsloss of parking - dedicated parking for adjacent residents will be lost (3 of the 5 existingspaces)insufficient parking within development

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disruption from construction works and traffic, including noise, dust and air pollution, andnoise, mess and damage to road from construction vehiclesqueries over who owns the access point and who is responsible for its maintenance.access issues for emergency service vehicles such as fire engines [Officer note: matters suchas fire safety are dealt with at building regulations stage]the concerns from the previously refused application have not been addressedinaccurate plans of neighbouring properties [Officer note: following a site visit officers are ofthe view that the majority of the neighbouring properties are accurately shown on the plans. Itis however noted that three properties do have extensions or outbuildings that are notaccurately shown on the submitted block plan (nos 11, 14 and 17 Wey Close). Whilst this isnot ideal this is not a reason to object to the proposal. The situation on the ground has beenassessed by the case officer and this will be taken into account in the assessment below]

Planning policies.

National Planning Policy Framework 2018 (NPPF):1. Introduction2. Achieving sustainable development3. Plan-making4. Decision-making5. Delivering a sufficient supply of homes6. Building a strong, competitive economy7. Ensuring the vitality of town centres8. Promoting healthy and safe communities9. Promoting sustainable transport10. Supporting high quality communications11. Making effective use of land12. Achieving well-designed places 13. Protecting Green Belt land14. Meeting the challenge of climate change, flooding and coastal change15. Conserving and enhancing the natural environment16. Conserving and enhancing the historic environment

South East Plan 2009:NRM6 Thames Basin Heath Special Protection Area

Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007): G1 General Standards of DevelopmentG5 Design CodeG6 Planning BenefitsE3 Safeguarding existing & Alloc. BusinessH4 Housing in Urban AreasM6 Provision for Cyclists and PedestriansNE1 Potential Special Protection AreasNE5 Dev. Affecting Trees, Hedges & Woodlands

Supplementary planning documents:SPG - Residential Design 2004SPD - Vehicle Parking Standards 2006SPD - Sustainable Design and Construction 2011 (factual update 2015)Thames Basin Heaths Special Protection Area Avoidance Strategy 2017

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Emerging Local Plan:The emerging Guildford Borough Local Plan: strategy and sites (the Plan) is at an advancedstage of preparation. The Plan was submitted to the Secretary of State for Local Government on13 December 2017 for examination in public, initial hearings have now taken place. The Planhas initially been found sound subject to modifications and therefore the Plan as submittedcarries considerable weight.

Relevant policies:H1 - Homes for allH2 - Affordable HomesP4 - Flooding, flood riskP5 - Thames Basin Heaths Special Protection AreaD1 - Place shapingD2 - Sustainable design, construction and energyD4 - Character and design of new developmentID4 - Green and Blue infrastructure

Planning considerations.

The main planning considerations in this case are:principle of developmentthe impact on the character of the site, surrounding areathe impact on neighbouring amenityliving environmentair qualityhighway/parking considerationsrefuse provisiontrees and landscapingsurface water drainagesustainable constructioncontaminationThames basin heaths special protection area and Appropriate Assessmenteducation contributionsaffordable housinglegal agreement requirementspresumption in favour of sustainable development

Principle of developmentThere is no in principle objection to the construction of new residential dwellings within the urbanarea, subject to compliance with the local and national policies.

Impact on the character of the site and surrounding areaAsh Lodge Close, which is the immediately adjoining residential street is characterised by terraceproperties with significant front to front spacing and good size rear gardens. To the south of thesite Wey Close is characterised by detached properties with good spacing to the front of theirplots and modest rear garden areas.

As set out above the previous application was in part refused due to concerns over the scale,design of the properties and layout issues in terms of spacing and amount of hardstanding.

Under this amended application alterations have been incorporated to the proposed site layout,namely a reduction in the amount of hard surfacing and a consequential increase in softlandscaping about the development.

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In terms of the design and scale of the dwellings catslide roofs have been introduced to each pairof semi-detached dwellings resulting in an overall reduced scale and mass. The proposeddormer windows to unit B are smaller than those of the refused scheme. The appearance of thefront fenestration for unit C has been amended to incorporate a standard catslide roof instead ofthe small awkward window. The overall heights of the semi-detached dwellings has also beenreduced. In terms of the terrace to the north, the height of the building has been reduced and theridge height stepped. The proposed dormer windows are also smaller than those previouslyproposed.

It is considered that the changes from the previously refused scheme are not particularlysignificant. The number and mix of the proposed units is the same, the relationship between theterrace and semi-detached properties is still smaller than that of the adjacent Ash Lodge Close,the size of the gardens for units 7 to 12 is still small and the location of some of the parkingspaces for units 7 to 12 is still not ideal. It is however acknowledged that the changes haveresulted in an improved proposed scheme. The proposed units now have a better overallappearance and scale, with the increased articulation and variation of materials also reducingperceived scale and mass. The change to the layout now ensures that there is better softlandscaping within and around the site, with more clearly defined parking areas and a betterdistinction between private and shared areas. The change in position of units 1 to 6 so that theyare now almost aligned with the properties in Ash Loge Close means that the proposal fits morecomfortably in with the wider pattern of development in the area.

It is however considered that the overall scale of the proposal is still over and above what officersthink would be most appropriate for the site and has resulted in a below par layout andappearance for the development. As such it is considered that the development would still causesome harm to the character and appearance of the surroundings. This harm will be consideredin the balancing exercise below.

Were the application approved conditions are recommended to secure further details of theproposed external materials and also to secure further details regarding the site levels of theproposed dwellings.

Impact on neighbouring amenityThe reason for refusal under the 17/P/02472 related to the relationship of units 1 to 6 with theproperties to the south of the site.

As such no objection is raised again to the relationship of the development with the properties tothe north, east and west of the site.

The proposed dwellings 7 to 12 would be far enough away from the properties to the north-westand east of the site to ensure that there would not be a material impact on the amenities of theoccupants in terms of overbearing impact, loss of light and loss of privacy. Whilst there would besome parking areas immediately adjacent to the boundaries of the dwellings to the east andnorth-west it is considered that the scale of the development would not result in an unacceptabledegree of noise and disturbance.

In terms of the impact of unit 1 to the nearest dwelling to the east 11 Ash Lodge Drive it is notedthat the proposed dwelling would project past the rear elevation of no.11. However there wouldbe a gap of over 5 metres between the two dwellings and there would be no side facing windowson the first floor. As such it is considered that the proposal would not result in an unacceptableloss of light, outlook or privacy or overbearing impact.

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In terms of the back to back proximity of units 1-6 to the properties to the south which front WeyClose the current scheme is an improvement to the previously refused scheme. All of the unitsnow have deeper gardens ranging from 8.8 to 10.8 metres and the units have been reduced inheight and bulk compared to the refused dwellings.

A cross section drawing has been submitted showing of the relationship between proposed unit 2and number 16 Wey Close. This shows that there will now be a gap of 20.5 metres between therear of number 16 and that unit 2 would have a 1.2 metres higher ground level. The ridge heightof unit 2 would be 2.1 metres higher than that of number 16. Whilst no other cross sectioninformation has been provided the submitted plan also shows that, unlike the refused application,all of the units would have a separation distance of 20 metres between their rear elevations andthe main rear elevations of the properties to the south in Wey Close. It is of note that no 11 andno 14 Wey Close do have single storey rear extensions which are not shown on the submittedblock plan. The separation distances from the proposed rear elevations to these extensionswould be approximately 19 metres. No. 17 Wey Close appears to have a shed in the rear gardenwhich is closer than 20 metres, however this is not considered to be a concern.

As set out in the previous report for 17/P/02472 there are no minimum separation distances setout in policy. Therefore whilst it is acknowledged that the changes under this application are notsubstantial and that there is a change in levels it is considered that, on balance, the separation of20 metres for the majority of the dwellings combined with the reduced height and bulk of the unitswould not result in an unacceptable relationship in terms of overbearing impact, loss of light andloss of privacy, particularly when you consider that the existing units to the east have a verysimilar relationship. As set out above a condition is recommended to secure further details of theproposed site levels, to ensure that the relationship is acceptable.

Living environmentIt is considered that the proposed internal layout and rooms sizes would be adequate for futureoccupants, with general conformity with the national space standards and with habitable roomsfacing on to the streetscene so as to ensure an active street frontage.

When the proposed scheme is compared to the refused scheme the proposed garden areas arestill considered to be on the small size for units 8 to 11 and this is not something that officerswould encourage. However particularly on the larger units the garden plots are wide and are nowdeeper, ensuring a reasonable garden size. As such it is not considered that this is a reason toobject to the application.

The relationship between the proposed parking spaces and the new dwellings, when comparedto the previously refused scheme is an improvement, with the majority of proposed spaces beinglocated directly in front of the dwellings and with better natural surveillance.

In terms of the relationship with the surrounding area. There is potential for there to be impact onthe future occupants from the existing garage operations due to noise and disturbance.

The application includes a noise assessment by Hann Tucker Associates(HT:25645/ADS1/Rev1), dated 22 June 2018. This report does not raise any concerns regardingthe relationship with the garage, and identifies road traffic as dominating source of noise. Thereport does recommend mitigation measures in section 11.0 on page 15 to ensure adequateinternal noise levels however from a planning point of view the position of the development is wellaway from the road with many other existing houses being closer to the road. As such thisrelationship is a normal relationship which does not require additional mitigation from a planningpoint of view.

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Air qualityFollowing the refusal of application 17/P/02472 regarding concerns around Air Quality, inparticular the impact of the A331 the applicant has undertaken an Air Quality Assessment carriedout by Air Quality Consultants for the proposed development

The overall impact of the construction and operational phase on air quality is not concluded to besignificant. The Council's Environmental Health Team has advised that they are satisfied with thefindings of the report.

Mitigation measures are recommended in the report regarding dust emissions duringconstruction. It is considered that such measures can be regulated by environmental healthlegislation.

No mitigation measures are recommended regarding road traffic impacts but in line with bestpractice it is recommended that cycle parking and electric charging is included in thedevelopment. It is recommended to secure both cycle storage and electric charging by condition,and this has been agreed by the applicant.

Highway/parking considerationsNo objection was raised regarding highway and parking issues under the refused application17/P/02472.

The access to the site would be via Ash Lodge Close. The County Highway Authority hasassessed the proposed access and has raised no objection in terms of highway safety. TheCounty Highway Authority are also satisfied that the net gain of 12 residential units would notresult in a significant impact to highway capacity. The Highway Authority has also advised thatthere is no concern regarding construction traffic subject to a condition to secure a constructionmanagement plan.

In terms of parking provision the proposal would provide a total of 24 parking spaces for the 12units, two for each property this is at the higher end of the Council's Parking Standard guidancebut is not considered to be excessive and the Highway Authority has advised that the parking issufficient.

Secure cycle storage is proposed for each dwelling which meets the requirements of SurreyCounty Council.

As such no objection is raised to the proposal in terms of highway and parking for the proposeddevelopment.

Concern has been raised regarding the impact of the proposal on the existing parking capacityon Ash Lodge Drive. Currently the western end of Ash Lodge Drive, as evidenced by a site visitand representations received is laid out as hardstanding and is used for the parking of up to 5vehicles. Plans submitted by third parties show a plan with 5 formal parking spaces however thishas not been implemented on site. The applicant advises that whilst this is the currentarrangement residents do not have any right to park on this part of the road.

The current application, like the previously refused application, includes a plan showing theretention of two parking bays and the formalisation of access to the parking at no. 11 Ash LodgeDrive through a dropped kerb. There would therefore be a loss of 3 of the informal parkingspaces with an improvement to parking at number 11.

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Ash Lodge Close was developed with garaging and parking to the north of the dwellings. Theroad also has unrestricted parking and as such whilst officers accept that there would be areduction in on street parking due to the proposed access it would not result in an unacceptableloss of parking provision. A condition is recommended to secure the implementation of the twoparking spaces and dropped kerb at no.11.

Refuse provisionIn terms of access for refuse vehicles the applicant has submitted a swept path analysis whichdemonstrates that the refuse vehicle would be able to safely enter and exit the site to collect therefuse.

The Council's recycling and waste team has advised that whilst in general it is satisfied with thesubmitted information and raises no objection to the parking and access layout as proposed theteam has advised that the access road is tight and does show some areas where the refusevehicle is likely to conflict with paths and landscaped areas.

The areas of conflict are however minimal, including the landscaped areas on the bend of theaccess road and the proximity to parking spaces 11 and 12. It is considered that minor changesto the site layout would overcome these concerns.

As such a condition is recommended to secure the final access and soft/hard landscape plan. Acondition securing final details and provision of the bin storage prior to occupation is alsoproposed.

Trees and landscapingThere are no protected trees within the site. The Council's Tree Officer has carried out a site visitand reviewed the planning documentation, which includes an Arboricultural Impact Assessment.The Tree Officer considers that the information submitted in sufficient for the application stageand he raises no objection to the proposal. He advises that the protection of trees both on andadjacent to the site can be achieved by way of a suitably worded condition requiring a detailedArboricultural Method Statement (AMS) and Tree Protection Plan (TPP) to be submitted andapproved by the local authority prior to the commencement of work on site.

The Tree Officer also advises that there is opportunity for tree planting on the development siteand this can be secured by way of a landscaping condition. Currently the submitted documentsonly show indicative planting, not detailed plans.

As such suitably worded conditions are recommended to secure tree protection and soft/hardlandscaping details.

Surface water drainageAll major applications must consider sustainable drainage systems. Surrey County Council asthe Lead Local Flood Authority (LLFA) has reviewed the surface water drainage information, andadvises that the proposed drainage scheme meets the requirements set out in the NPPF,accompanying PPG and Technical Standards and therefore raised no objection to the proposal.

Conditions are recommended by the LLFA to secure further detailed information regarding thedrainage scheme and implementation.

Sustainable constructionIn order for the development to comply with the Council's Sustainable Design and ConstructionSPD 2011, the new building would need to include water efficiency measures.

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Under the emerging Local Plan, which carries considerable weight, buildings would need toachieve a 20% reduction in carbon emissions over and above building regulation standards andalso provide water efficiency measures.

The application makes no mention regarding these required measures.

It is however considered that carbon and water efficiency measures could be secured byconditions. A condition is also be recommended to secure the installation of electric car chargingpoints as recommended by Surrey County Council, and as agreed by the applicant.

ContaminationDue to the historic uses of the site and current garage operations there is potential forcontamination on this site. A contaminated land Phase I study has been submitted in support ofthe above application which recommends the scope of a Phase II investigation.

The Council's Environmental Health Team is satisfied regarding the information submitted underthe Phase I study. It is advised conditions are recommended to secure the Phase Irecommendations to address any soil contamination likely to be present on site and to make thedevelopment suitable for proposed future use.

Thames Basin Heaths Special Protection Area and Appropriate Assessment

The proposed development may adversely impact the TBHSPA due to the net increase inresidential units at the site. The Council’s adopted TBHSPA Avoidance Strategy 2017 requires aSANG contribution and an Access Management (SAMM) contribution to avoid any adverseimpact in line with the tariff within the annual updating of off-site contributions document.

As part of the application process the Council has undertaken an Appropriate Assessment (AA),which concluded that the development would not affect the integrity of the European site eitheralone or in combination with other plans and projects in relation to additional impact pathwayssubject to the application meeting the mitigation measures set out in the TBHSPA AvoidanceStrategy. Natural England has been consulted on the AA and they confirm they are happy withthe conclusions of the AA.

The applicant has agreed to enter into a legal agreement to meet these requirements.

Education contributionsSurrey County Council has requested financial contributions towards projects to increase thecapacity at local early years, primary and secondary schools due to the increased demand that aproposal of 12 new dwellings will put on the local school system. A total of £72,469. Thisincludes:

a contribution of £8,077 towards early years education at Wyke Primary School to develop anew nursery provision.a contribution of £32,124 towards primary education infrastructure at Ash Grange PrimarySchool for the demolition of the current swimming pool enclosure and provision of additionalchanging rooms. This will help to facilitate the expansion by 1 form of entry. a contributions £32,269 towards secondary education infrastructure at Ash Manor, thenearest secondary school to this development. The contribution requested will be usedtowards the landscaping associated with the development works, to facilitate increased pupilnumbers within the school.

The applicant has agreed to enter into a legal agreement to meet these requirements.

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Affordable housingAs set out above the emerging Local Plan is now a material consideration in decision making.

Policy H2 of the emerging Local Plan has already been through examination in public and theInspector did not raise an objection to the 40% requirement for on site provision. Whilst aconcern was raised regarding the threshold of 5 (gross) in urban areas the Inspector was contentwith an amendment to increase the threshold of 10 (gross) in line with national guidance. Thischange has been put forward as part of the ongoing examination process. As such it isconsidered that amended Policy H2 carries considerable weight at this time and is justified.

Such a scheme would require 5 affordable housing units to be provided with at least 3 beingaffordable rent units. The applicant has agreed to this and the mix within the S106 is for 3affordable rent units and 2 shared ownership units.

Legal agreement requirementsThe three tests as set out in Regulation 122(2) require S106 agreements to be:(a) necessary to make the development acceptable in planning terms;(b) directly related to the development; and(c) fairly and reasonably related in scale and kind to the development.

Thames Basin Heaths Special Protection Area:As the application would result in the net gain of 12 new residential units, in order for thedevelopment to be acceptable in planning terms, a S106 agreement would be required as part ofany subsequent planning approval to secure a financial contribution towards a SANG and SAMM,in line with the Guildford Borough Council TBHSPA Avoidance Strategy 2017. This strategy hasbeen formally adopted by the Council. In line with this strategy and the requirements ofRegulation 63 of the Habitats Regulations 2017, a S106 agreement is required to ensure that theadditional residential units proposed by this development would not have any likely significanteffect on the TBHSPA.

As set out above any subsequent Section 106 legal agreement would require the applicant tomake payments on the commencement of the development in line with the SANG and SAMMcontributions as set out by the TBHSPA Avoidance Strategy 2017 and the associated tariff withinthe Annual Updating of off-site contributions to Special Protection Area Mitigation and OpenSpace.

At this time there is no SANGs capacity capable of mitigating the impact of this development dueto the lack of any capacity at the Lakeside Park SANG. The TBHSPA Avoidance Strategy 2017does include two possible sources for additional SANG capacity, at Manor Farm and Ash LodgeDrive, Ash. Both SANGs catchment areas would cover this site and have been granted planningpermission and as such the Council is satisfied that there is a reasonable likelihood that at leastone of the approved SANGs will have been implemented to create the required increasedcapacity within the commencement period of this application.

Therefore a Grampian condition is recommended to overcome the SANG capacity issue.

The Council is aware on the limitation on the use of pooling of planning contributions contained inRegulation 123 of the Community Infrastructure Levy Regulations 2010. It is noted that thisrelates to an obligation which 'provides for the funding or provision of relevant infrastructure. Inthis instance, the contributions would have been required to improve existing SANGs and ensurethey are maintained in perpetuity; the SANGs is existing infrastructure which is to be improved toensure that they have suitable capacity to mitigate the impact of the residential development.

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When interpreting Regulation 123 regard must be had to the definition of funding which isprovided at Regulation 123(4); this states that "funding" in relation to the funding of infrastructure,means the provision of that infrastructure by way of funding. As noted above, no new SANGS orother infrastructure would be provided by the contributions and accordingly the Council does notconsider that Regulation 123 prevents collecting these contributions. It is also noted that SAMMdoes not fall within the definition of infrastructure and is therefore not subject to the Regulation123 restrictions. The Council has sought Counsels Opinion in respect of its approach to SANGsand SAMM contributions and this supports our approach. In conclusion, if the application wasdeemed to be acceptable, the Council is of the opinion that the TBHSPA requirements wouldhave met the three tests set out above.

Education:Surrey County Council has requested financial contributions, based on the indicative housingmix, towards projects to increase the capacity at early years, local primary and secondaryschools due to the increased demand that a proposal of 12 new dwellings will put on the localschool system. The specific projects identified by the County have been set out above. It isconsidered that the figures have been adequately justified and would have met the three tests setout above.

Affordable housing:The S.106 is also needed to secure the provision of 40% affordable housing in accordance withthe amended Policy H2 of the emerging Local Plan. Whilst this is an emerging policy the policyhas already been through examination in public and the Inspector did not raise an objection to athreshold of 10, in line with national guidance. As such it is considered that amended Policy H2carries considerable weight at this time and is justified. As such, the requirement for the S106agreement in relation to affordable housing meets the three tests set out above and regulation123 of the CIL regulations.

Presumption in favour of sustainable development

Paragraph 11 of the NPPF states that where the development plan is absent, silent or relevantpolicies are out-of-date, presumption in favour of sustainable development means grantingpermission unless:i. the application of policies in this Framework that protect areas or assets of particularimportance provides a clear reason for refusing the development proposed; orii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits,when assessed against the policies in this Framework taken as a whole.

The site is in an area which requires an appropriate assessment under the Habitat Regulationsdue to its location in the TBHSPA, as such in accordance with para. 177 of the NPPF thepresumption in favour of sustainable development does not apply.

Therefore it is considered that paragraph 11 of the NPPF is not engaged in this case. The lackof a 5 year supply of housing is however a material consideration which will be taken into accountas part of the overall balancing exercise at the end of the report.

Balancing exercise

It is found that the overall scale, appearance and layout of the proposal would cause some harmto the character of the site and surrounding area. This weighs against the proposal.

It would not cause unacceptable harm to neighbouring amenity or the amenity of futureoccupants. The proposal has also been found acceptable in terms of the impact of the proposalon air quality, surface water drainage, refuse, contamination and sustainable construction.

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The proposal would provide much needed housing and affordable housing which adds weight infavour of the application.

It is concluded that on balance the benefits of providing much needed housing and affordablehousing would outweigh the limited harm identified to the character of the site and surroundingarea. As such the application is recommended for approval.

On the basis that the provision of much needed housing is considered to be a materialconsideration that outweighs the harm identified, and the emphasis now put upon LocalAuthorities to deliver housing (Section 5 of the NPPF), it is considered appropriate in this case toimpose a condition providing that development must begin within two years instead of three toensure the housing development is implemented in a timely manner (as encouraged by para 76of the NPPF).