to the members of the development management …...2020/06/03 · if you require a copy of an...

Mole Valley District Council Pippbrook Dorking Surrey RH4 1SJ

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To the Members of the Development Management Committee,

Your attendance is requested at a meeting of the Development Management Committee on Wednesday 3 June 2020 at 6.00pm for the transaction of business set out in the following agenda.

PLEASE NOTE: this will be a ‘virtual meeting’, a link to which will be available on the MVDC website at least 24 hours before the meeting.

Karen Brimacombe Chief Executive

22 May 2020

Members of the Committee: Councillors: David Preedy (Chairman), Simon Budd (Vice-Chairman), Roger Adams, Lesley Bushnell, Helyn Clack, Simon Edge, Paul Elderton, Nancy Goodacre, Raj Haque, David Hawksworth, Mary Huggins, Chris Hunt, Tracy Keeley, Tim Loretto, Wayne Monkman, Richard Moyse, Emma Norman, Keira Vyvyan-Robinson and Patricia Wiltshire.

Substitutes: Councillors: Tim Ashton, Margaret Cooksey, Stephen Cooksey, Mary Cooper, Rose-mary Dickson, David Harper, Metin Huseyin, Bridget Kendrick, Paul Kennedy, Alan Reilly, Garry Stans-field and Charles Yarwood.

The Chairman would like to remind Members that they have the opportunity to ask Officers questions, in respect of issues concerning matters of detail

or for further clarification, prior to the meeting.

If a vote is tied the Chairman may exercise a casting vote, or if he/she has already voted, a second vote

AGENDA

1. Minutes

To approve as a correct record the minutes from the meetings held on 29 April 2020.

2 Apologies

To receive apologies for absence.

3. Disclosure of Interests

To receive any disclosures of interests from Members (either disclosable pecuniaryinterests or non-pecuniary interests) in relation to any items included on the agenda forthis meeting in accordance with the Council’s Code of Conduct.

If you require a copy of an agenda item, please contact Hannah Scott on 01306 879 201 or email: [email protected]

NOTE: This meeting will be webcast for live or subsequent broadcast via the Council’s internet site (www.molevalley.gov.uk). The whole of the meeting will be filmed except where there are confidential or exempt items. Any member of the press and public may listen-in to proceedings at this ‘virtual’ meeting via a weblink which will publicised on the Council website at least 24hrs

before the meeting. Members of the press and public may tweet, blog etc. during the live broadcast as they would be able to during a regular Committee meeting at Pippbrook. It is

important, however, that Councillors can discuss and take decisions without disruption, so the only participants in this virtual meeting will be the Councillors concerned, the officers advising the Committee and any objectors and applicants who have registered in advance to speak on

the applications to be considered.

4. Development Management Reports on Planning Applications N.B:

1. Any relevant information received after the publication of the reportswill be circulated to Members of the Committee and tabled as part ofthe Addendum sheet prior to the commencement of the proceedings.

2. Financial implications are only highlighted where these are other thanmight arise in pursuance of statutory rights.

3. Environmental implications are indicated in each case as applicable.4. Background documents in each case comprise the application (where

this is applicable) and the representations and other correspondencerelevant within the meaning of the Local Government Act 1972, asamended by the Local Government (Access to Information) Act 1985.

Page 1 - 155

5. Urgent Items To consider any items of business, other than those shown on this agenda and which, by reason of special circumstances to be stated at the meeting, in the opinion of the Chairman, should be considered at the meeting as a matter of urgency.

mailto:[email protected]

http://www.molevalley.gov.uk/

DEVELOPMENT MANAGEMENT COMMITTEE 3 JUNE 2020

INDEX OF PLANNING APPLICATIONS

PLEASE NOTE:

THE COMMITTEE MAY DECIDE AT THE MEETING TO CHANGE THE ORDER OF THE APPLICATIONS TO BE TAKEN.

ITEM NO. APPLICATION SITE ADDRESS WARD PAGE

NOS.

1 MO/2019/2193 Land at West Hill School, Kingston Road and at Therfield School, Dilston Road, Leatherhead, Surrey

Leatherhead North 1-32

2 MO/2020/0160 The Charlwood (PH), 12, The Street, Charlwood, Horley, Surrey, RH6 0BY

Charlwood 33-52

3 MO/2020/0198 Hamilton, Reigate Road, Hookwood, Horley, Surrey, RH6 0AP

Charlwood 53-64

4 MO/2020/0341 87-99, High Street, Dorking, Surrey, RH4 1AL

Dorking North 65-86

5 MO/2020/0362 Lowfield Heath Mill, Russ Hill, Charlwood, Horley, Surrey, RH6 0EN

Charlwood 87-108

6 MO/2020/0277 Land r/o 61-63, Woodfield Lane, Ashtead, Surrey, KT21 2BT

Ashtead Village 109-128

7 MO/2019/2200 Llangaller, Woodside, Fetcham, Leatherhead, Surrey, KT22 9SS

Fetcham West 129-155

Application Number and Registration Date

MO/2019/2193 (Detailed Major) 06-Jan-2020

Applicant Bowmer + Kirkland

Case Officer Mark Brodie

Amendments /amplifications

Committee Date 3 June 2020

Ward(s) Leatherhead North

Proposal Erection of new two storey all-through SEN School with associated access, parking and landscaping, reconfiguration of existing access road and West Hill School car park and erection of new four court sports hall for Therfield School.

Site Description Land at West Hill School,Kingston Road and at Therfield School, Dilston Road, Leatherhead, Surrey

RECOMMENDATION: Approve subject to conditions

Summary

The site lies within the built up area of Leatherhead and forms part of the playing fields of Therfield School. Planning permission is sought for the erection of new two storey all-through SEN School with associated access, parking and landscaping; reconfiguration of existing access road and West Hill School car park; and erection of new four court sports hall for Therfield School. When assessed against the policies in the NPPF taken as a whole, it is considered that the development would simultaneously achieve the social, economic and environmental dimensions necessary to be considered as sustainable development as defined and sought by the NPPF. The NPPF gives great weight to providing school places to meet the needs of communities through the application process. Evidence published separately by Surrey County Council and submitted as part of the current application show that there is a

Application number 1

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demonstrable need for a school that caters for Complex Social and Communication Needs within Surrey. The adverse impacts identified above involving loss of part of the playing fields are considered in the planning balance, to be limited and would not significantly and demonstrably outweigh the benefit of these proposals when measured against the policies in the NPPF. Noting that the proposal also accords with development plan policies. The new two storey all-through SEN School with associated access, parking and landscaping; reconfiguration of existing access road and West Hill School car park; and erection of new four court sports hall for Therfield School will meet the required demand within the County and ensure that children have access to the educational needs that they require. In addition to this the proposal will provide a valuable community asset by allowing access to indoor sports and social facilities to the residents of Leatherhaed. Taking all of these factors into account it is considered that planning permission should be granted.

1. Development Plan

1.1. Built up area

2. Relevant Planning History

2.1 There is an extensive planning History in relation to both West Hill School & Therfield School. For the purposes of this report a selection of some of the more recent/relevant permissions over the last decade have been provided below.

West Hill School

MO/2011/1129 Erection of replacement boundary and internal fences and gates. SCC application for consultation purposes

Approved. 05.10.11

MO/2013/0824 Removal of two existing demountable classroom units and installation of two single storey modular building, one comprising four classrooms, store and WC’s and the other comprising one classroom, store and WC. Installation of canopy to each building

No Objection 16.07.2013

MO/2014/0096 Installation of parking bays, footpath and speed bumps along access drive, and enclosed area for refuse bins. SCC application for consultation purposes

Approved. 04.03.2014

MO/2016/0788 External alterations to form new external play space with shade canopies, minor alterations to external openings and installation of new entrance canopy. (SCC application - for consultation purposes only).

Approval 17.06.2016

MO/2016/1436 New classroom extension comprising a part one and part two storey extension, internal and minor external alterations to existing school building to convert building from a secondary Special Educational Needs (SEN) to a primary SEN school including external works comprising alterations to

No objection 30.09.2016

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school playgrounds, formation of new MUGA play surface and new staff car parking together with soft landscaping works

MO/2017/1027 Discharge of conditions 12, 13, 14,15 and 16 of approved MO/2016/1436 for new classroom extension comprising a part one and part two storey extension, internal and minor external alterations to existing school building to convert school premises from a Secondary Special Educational Needs (SEN) school to a Primary SEN school, including external works comprising alterations to school playgrounds, formation of a new MUGA play surface and new staff car parking together with soft landscaping works (SCC application - for consultation purposes only).

Approved 04.07. 2017

MO/2018/0131 Discharge of Condition No. 17 (sustainable drainage system) of approved MO/2016/1436 for new classroom extension comprising a part one and part two storey extension, internal and minor external alterations to existing school building to convert school premises from a Secondary Special Educational Needs (SEN) school to a Primary SEN school, including external works comprising alterations to school playgrounds, formation of a new MUGA play surface and new staff car parking together with soft landscaping works (SCC application - for consultation purposes only)

Approved 13.02.2018

Therfield School

MO/2005/1234 1) Construction of part single, part two storeyextension to provide music, drama and general teaching accommodation; 2) The demolition and removal from the site of 11 demountable classrooms; 3) The temporary relocation of 2 existing demountable classrooms for the duration of construction works. (Surrey County Council consultation).

Approved 12.09.2005

MO/2006/0175 Proposed new changing room for females, with disabled provisions, to serve existing internal and external sports facilities. The new changing room will also offer community use after normal school hours.

Approved 03.04.2006

MO/2007/0287 Continued use of school extension permitted under MO/2006/0272 without compliance with Condition 2 of that permission so as to allow a revised programme for removal of existing demountable classrooms. (For consultation purposes only)

Approved 03.04.2007

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MO/2012/0060 Construction of new all weather surfaced tennis and

netball courts for school and community use and installation of floodlights

Approved 18.04.2012

MO/2014/0356 Retrospective planning application for the installation of 394 roof mounted solar panels. SCC application - for consultation purposes only.

MO/2018/1096 Non-material amendment to planning permission ref: MO05/1234 dated 12 December 2005 to allow a canopy, an overhanging roof and louvered door to be omitted from the Drama Block. (SCC application - for consultation purposes only.)

Approved 09.072018

MO/2019/0635 Removal of Condition 4 of approved Planning Permission MO/2013/1073 for the renewal of Extant Planning Permission MO/2010/0692 in respect of the demolition of Nos 82 and 84 Cleeve Road and formation of new vehicular access. Erection of 90 residential dwellings including associated car parking and landscaping. To allow development without a detailed arboricultural method statement

Under consideration

3. Description of Development

3.1 The application site forms part of the playing field used by Therfield School that fronts, Dilston Road. The site of the proposed new SEN school is positioned to the north of the playing fields and is bounded to the east by the existing West Hill SEN School, which is accessed via an existing access road from Kingston Road. Therfield School is situated 250m to the south of the site with existing woodland bounding the north and west boundaries. The site is located to the north of Leatherhead Town centre, 1.5km from the railway station, 1km to the M25, Junction 9, 5km to Epsom town centre to the north east, Guildford is 20km to the southwest and Dorking 10km to the south. The surrounding area of Leatherhead mostly consists of residential developments between 2 and 3 storeys, with some community and retail facilities. Some adjacent areas are occupied by industrial and commercial units on the east, west and northern boundaries y of the wider site respectively. The application site also includes land to the immediate north east of Therfield School buildings and north of the existing overflow car park Kingston Road.

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Figure 1. Location Plan showing position of proposed school and sports hall.

3.2. The current application seeks planning permission for the erection of new two storey all-through (primary and secondary) SEN School with associated access, parking and landscaping; reconfiguration of existing access road and West Hill School car park; and erection of new four court sports hall for Therfield School. The following reports were submitted in support of the application:- Planning Statement (incorporating Education Need Statement);Design and Access Statement; Noise Assessment; Statement of Community Involvement; Transport Assessment; Travel Plan; Archaeological Assessment; Preliminary Ecological Appraisal; Protected Species Checklist; Landscape and Ecological Management Plan; Arboricultural Survey and Impact Assessment; Flood Risk Assessment; Construction Environmental Management Plan and Construction Logistics Plan; Energy Statement; BREEAM and Sustainability Statement; Geoenvironmental Desk Study Report; Ground Investigation Report; Drainage Strategy

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Figure 2 below Ariel photograph showing position of proposed school

Figure 3 below showing elevations of proposed school

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Figure 4 below Photographic visuals of proposed school building

Figure 5 below showing elevations of proposed sports hall

Consultations

Responses Officer comment Relevant condition

SCC Highways - The proposed development has been considered by The County Highway Authority who having assessed the application on safety, capacity and policy grounds have no objections subject to conditions be imposed

Conditions have been imposed to ensure scheme is carried out in accordance with submitted

9,15, 17,18

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Construction Environmental Management Plan (CEMP) ( 9 ); the laying out of parking and modifications to road layout prior to occupation (15); provision of electric charging points (17)the provision of secure bicycle storage for 20 cycles (18 )

SCC Flood Risk Asset

We are not satisfied that the proposed drainage scheme meets the requirements set out in the aforementioned documents because significant issues have been identified. To overcome this, the following changes are required:

The applicant has submitted 3 separate drainage strategies for the application. These are discussed below. In general, it does not appear that the applicant has considered including SuDS elements to help reduce surface water discharge off-site. SuDS features such as green/blue roofs, rainwater harvesting systems and above ground attenuation (ponds, basins, swales etc) would have a multitude of benefits including water treatment and enhanced biodiversity The School It is unclear why a gravity based drainage solution is unfeasible. The current proposal to install a pumped rising main along the access road and through the new car park. A pumped solution should only be used if a gravity solution is proven unfeasible. The Thames Water surface water sewer is shown to run past the site in a south to north direction towards the River Rye. There appears to be a route along the northern border of the existing West Hill School where the proposed surface water system could feed into the Thames Water surface water sewer via gravity. Consideration should be given to above ground surface water attenuation (such as ponds, detention basins and swales) before including below ground attenuation elements. The Car Park The proposed discharge rate from the new car park and turning area is unacceptable. There appears to be sufficient space for sustainable drainage elements which

A condition requiring a detailed SUDS scheme is recommended for the development as a whole (10 )

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can attenuate surface water and reduce the discharge off site. The Non-Statutory Technical Standards for sustainable drainage systems state: S3 For developments which were previously developed, the peak runoff rate from the development to any drain, sewer or surface water body for the 1 in 1 year rainfall event and the 1 in 100 year rainfall event must be as close as reasonably practicable to the greenfield runoff rate from the development for the same rainfall event, but should never exceed the rate of discharge from the development prior to redevelopment for that event Consideration should be given to combining the School and the Car Park into one network, conveying surface water north to the attenuation tank and finally discharging via gravity to the Thames Water sewer as mentioned previously. The Sports Block We are content that the proposed drainage scheme meets the requirements set out in the aforementioned documents. Subsequent Comment responding to applicants response:- I appreciate the response and justification behind the decisions that have been made, although I am not completely happy with the design. I believe that more could be done to help reduce run-off. For instance, multiple shallow attenuation devices could be used rather than a 1.6m deep crates system. The MUGA could be used as a permeable surface with shallow attenuation beneath. Permeable paving could be extended to all the parking bays (not just some of them), possibly utilising a crate storage beneath increasing the amount of surface water attenuated. Shallow swales and detention basins could be utilised (these could be lined if groundwater ingress is a concern). These would be dry the majority of the time and only come into use in the more severe events. If designed well they can be part of the school landscape and have amenity and biodiversity benefits. They are also the easiest form of SuDS to maintain and install. The car park/ entrance area is not a separate boundary, it is part of the new school block boundary. Therefore it should adhere to the same scrutiny as the school block. The discharge for the car park area is unacceptable as proposed. Thames Water: With regard to SURFACE WATER network infrastructure capacity, we would not have any objection to the above planning application, based on the information provided. With regard to FOUL WATER sewerage network

Noted

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infrastructure capacity, we would not have any objection to the above planning application, based on the information provided. There are public sewers crossing or close to your development. If you're planning significant work near our sewers, it's important that you minimize the risk of damage. We’ll need to check that your development doesn’t limit repair or maintenance activities, or inhibit the services we provide in any other way. SCC Heritage Conservation Team: Archaeology :-The applicant has submitted a Written Scheme of Investigation (WSI) for an archaeological trial trench evaluation, produced by their archaeological consultants RPS. I can confirm that I reviewed the WSI at the pre-application stage and confirm that it is acceptable in that it provides a suitable methodology for identifying any Heritage Assets of archaeological significance that may be present so as to define the archaeological potential of the site. Subsequent to that the applicant has submitted an Archaeological Evaluation Report which given the negative nature of the results, I can confirm that there will be no further archaeological mitigation measures required.

Noted

Sustainability Officer: I've reviewed the submitted reports and the applicant intends to meet the 10% requirement via the installation of a large solar PV array. If permission for this application is granted, further evidence would be needed to outline how (and if) the savings predicted will be achieved.

A condition details of sustainability/energy efficiency savings and how they will be agreed (20).

Sport England Comment on Scheme as originally submitted:- Sport England – Statutory Role and Policy It is understood that the proposal prejudices the use, or leads to the loss of use, of land being used as a playing field or has been used as a playing field in the last five years, as defined in the Town and Country Planning (Development Management Procedure) (England) Order 2015 (Statutory Instrument 2015 No. 595). The consultation with Sport England is therefore a statutory requirement. Sport England has considered the application in light of the National Planning Policy Framework (particularly Para 97) and Sport England’s Playing Fields Policy, which is presented within its ‘Playing Fields Policy and Guidance Document. Sport England’s policy is to oppose the granting of planning permission for any development which would lead to the loss of, or prejudice the use of, all/part of a playing field, unless one or more of the five exceptions stated in its policy apply.

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The Proposal and Impact on Playing Field The proposed new school will be built on playing field land and will result in significant loss of playing field to the west of West Hill school. Imagery taken from google earth shows that this area of playing field has been marked out and used as playing pitches within the last 5 years (see below). Sport England notes that there is no proposed mitigation for the loss of playing field in this location. Further, there is no information provided on community users of the school playing field who may be affected by the proposal. Sport England notes that the proposal also includes the development of a new sports hall on playing field land to the south of the site. Similarly, this area has also been used and marked out as a playing pitch (youth 11x11 football pitch) and as a training grid. The proposal will adversely affect the ability to mark out such a pitch in this location. Sport England has reviewed the plans for the sports hall and ancillary accommodation, and has the following comments based on our technical design guidance for sports halls. The proposal hall appears to be compliant with SportEngland’s recommended minimum size guidelines for a 4 court community sports hall. Can confirmation be provided that a minimum internal clearance height of 7.5m can be achieved free from obstruction eg roof plant; There appears to be appropriate accessible/disabledchange/toilet and shower provision; The doors into the sports hall should open outward notinward into the sports hall to ensure health and safety; External access from the changing rooms wouldindicate that the changing rooms will also serve outdoor sports facility users as well as those using the indoor facilities. Has consideration been given to mitigating cross contamination, specifically, measures to reduce bringing mud into these changing rooms eg through provision of a boot cleaning area. The facility therefore has the potential for community use. We would ask that this use is secured via a planning condition requiring the implementation of a community use agreement. Subject to this, Sport England considers that this aspect of the proposal has the potential to meet our E5 exception policy, which states: 'The proposed development is for an indoor or outdoor facility for sport, the provision of which would be of sufficient benefit to the development of sport as to

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outweigh the detriment caused by the loss, or prejudice to the use, of the area of playing field.'

Assessment against Sport England Policy/NPPF Overall, Sport England considers that given the significant amount of playing field to be lost under the proposal to educational development at the site We do not consider that the proposed sports hall and the benefits to sport which it brings outweighs the harm caused by the loss of the playing field. On that basis, Sport England does not consider that the application accords with any of the exceptions to Sport England’s Playing Fields Policy or with Paragraph 97 of the NPPF.

Conclusion In light of the above, Sport England objects to the application for the reasons set out above. Should the local planning authority be minded to grant planning permission for the proposal, contrary to Sport England’s objection then in accordance with The Town and Country Planning (Consultation) (England) Direction 2009, the application should be referred to the Secretary of State, via the National Planning Casework Unit.

Sport England revised Comment following confirmation of issues raised in original objection:-

We welcome confirmation from yourselves that the sports hall will meet with Sport England’s minimum recommended size guidelines for a 4 court community sports hall. This will support the potential use of the facility by a full range of community groups/clubs. We also welcome the alterations/additions to take account of our comments on the design and specification of the indoor sports facility. Further, we welcome the school’s approach to accepting a community use agreement via a planning condition I recognise that the two developments – the new school and the indoor sports hall – are inextricably linked, and that the sports hall cannot be delivered without the provision of the new school.

Conclusion

Overall, however, while we recognise that there are benefits to sport from the sports hall which will comply with Sport England guidelines and will be accessible to community users, including the provision of new changing facilities to serve the existing artificial pitch, we do not consider that these benefits outweigh the harm caused by the combined loss of playing field at the site from the new Community use

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school and sports hall facility. On that basis we wish to maintain our objection to the application. If the council are minded to approve the application, we would ask that the following condition is attached to any permission:

‘Use of the indoor sports hall shall not commence until a community use agreement prepared in consultation with Sport England has been submitted to and approved in writing by the Local Planning Authority, and a copy of the completed approved agreement has been provided to the Local Planning Authority. The agreement shall apply to the indoor sports hall and include details of pricing policy, hours of use, access by non-educational establishment users, management responsibilities and a mechanism for review. The development shall not be used otherwise than in strict compliance with the approved agreement’. Reason: To secure well managed safe community access to the sports facility/facilities, to ensure sufficient benefit to the development of sport and to accord with Development Plan Policy

condition added (03)

Environmental Health Scientific Officer: I can confirm that based on the clarifications previously provided we are satisfied that there are no unacceptable environmental impacts that are likely arise from this proposal and that the material impacts can be controlled by suitable conditions. The main potential issues from this application is mainly related to noise from music practice rooms the Multiuse Game Area (MUGA) and community use and other rental from the proposed sport hall.

i. Music Practice Rooms: The applicants noise

consultant has identified that all music practice rooms and the SEN therapy room will be provided with sealed windows and mechanical ventilation.

ii. MUGA: The MUGA games area is located at the rear of the school, there is no proposed external sports lighting, and the applicant has suggested limiting the hours of operation to that of the sports hall.

iii. Community Use: Both the proposed sports hall

and the school building have been designed to support community use and the applicant

Several conditions have been recommended by Environmental Services which include details of method of mechanical ventilation to noise sensitive rooms including music practice rooms, dance studio/activity room (04 ); control over the hours of operation of the Multi Use Games Area (MUGA), the sport hall and the community rooms at fox grove school (05); restriction of the number of occasions when amplified music can be played (06 ); a

Conditions

04, 05,06,07, 08, 09, & 19

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states that these will be for restricted hours- However the proposed hours of 9-5 would not appear workable to us as this could be considered unreasonably restrictive and could leave the planning condition open to challenge in the future. We would therefore propose the community spaces should be available for External rental between the hours of 09:00 and 22:00 hours we would prefer to limit these late uses to Thursday-Saturday night but that would be for the Planning authority and the agent. Use of amplified music from external groups will need to be restricted.

iv. Plant Noise: The proposals are acceptable andcan be controlled by condtion

v. A venue management Plan

Recommendation: Environmental Health are satisfied that the impacts of the proposed development have been suitably considered by the applicant and that the impacts can be controlled by application of suitable conditions.

condition that prevent lighting the MUGA and requires the submission of a lighting scheme (07); details of internal and externally located plant and a restriction on their noise levels (08 ); a condition requiring the development to be carried out in accordance with the submitted CEMP (9); a condition requiring a venue management plan (19) .

Tree Officer:- This is a complex scheme that will have impacts on some trees.

• Whereas there is no statutory tree protectioncovering trees on the site there are several largeprotected Oak trees on the south-westernboundary of the Axis Commercial/Industrial Centrewithin the old ERA Technology Complex. As far asI can see, those would not be affected by the newSports Hall.

• In the north-western part of the site the new SchoolBuilding and associated landscaping appears to behard up against woodland to the north and, there isdesignated Ancient Woodland along the westernboundary.

• The tree information supporting the scheme iscomprehensive and takes account of the abovedesignations.

• Nine small of trees are proposed to be removedfrom within the site of the northern area facilitatingthe new school block and those losses would beindiscernible in wider terms.

• Some acceptable root pruning is required on the

Condition 02 requires the scheme to be implemented in accordance with Arboricultural Method Statement & Tree Protection Plans

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northern boundary.

• Good landscaping is proposed.

For the above reasons there are no major tree related concerns with the scheme and the tree information can be cited as approved documents with reference to: The 22/11/2019 Hayden’s Arboricultural Services Fox Grove School Leatherhead Arboricultural Method Statement & Tree Protection Plans Proj. No 7775 Revision: A

Mole Valley Access Group: This plan Is dealing with a school that looks after children on a daily basis with complex needs .Therefore they will have taken in to account the disabilities that children in their care have . The way the buildings and surrounding grounds will have been designed with then entirely in mind . I hope that those that live nearby will be comfortable with the result. .

4. Representations

4.1. 2 representations were received. 1 letter of support & 1 objection raising the following summarised concerns:

Concern/Support Officer Comment/condition

I understand that there is demand for new SEN school places in the area and this new school could help reduce travel distances for the pupils. I am very close to this as my daughter would greatly benefit from a new Autistic CSCN provision in the local area. Having reviewed the documents I believe the architectural design and materials respond well to the surroundings. The adjacency to West Hill School has been carefully considered in the site layout. I am very pleased to see a change in the access route to West Hill (where my daughter currently attends) as I find the current entrance and pick up/drop off quite stressful. I feel the needs of both schools have been met and fully support the development as set out in the planning application

Noted

Increased congestion resulting from construction vehicles and potential for vehicular/pedestrian conflict, in particular to children walking and cycling in the area. Question whether it is the right place or a new school.

The application has been accompanied by a construction environmental management plan (CEMP) & for which SCC Highways, have agreed addresses concerns regarding construction traffic. A condition requiring the development to be carried out in

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accordance with the submitted CEMP is recommended (09).

5. Main Planning Policies

5.1. Government Guidance National Planning Policy Framework Section 2 – Achieving Sustainable Development Section 4 – Decision Making Section 8 – Promoting Healthy & Safe Communities Section 9 – Promoting Sustainable Transport Section 12 – Achieving Well Designed Places

DCLG Policy Statement Planning for Schools Development 2011

5.2. Mole Valley Core Strategy CS1 – Where Development Will Be Directed CS13 – Landscape Character CS14 – Townscape, Urban Design and the Historic Environment CS15 - Biodiversity & Geological Conservation CS16 – Open Space, Sports & Recreation Facilities CS17 – Infrastructure, Services & Community Facilities CS18 – Transport Options & Accessibility CS19 – Sustainable Construction, Renewable Energy & Energy Conservation CS20 – Flood Risk Management Press Shift Return to add further policies without spacing.

5.3. Mole Valley Local Plan ENV12 – Site Of Nature Conservation Importance & Potential Sites For Nature Conservation Importance ENV15 – Species Protection ENV21 – Locally Important Open Spaces ENV22 – General Development Control Criteria ENV23 – Respect For Setting ENV25 - Landscape Design Of New Developments ENV29 – Planning & Crime Prevention ENV30 – Access For Disabled People To Non Domestic Buildings And Their Sites ENV53 – Trees in The Built Up Areas ENV57 – Lighting Proposals ENV65 – Drainage MOV2 – The Movement Implications Of Development MOV5 – Parking Standards MOV15 – Provision for Cyclists In Development Proposals Press Shift Return to add further policies without spacing.

5.4. Other Documents

Built up character Appraisal Leatherhead (SPD) Main Planning Issues

The main planning issues for consideration are

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The Principle, Support and Need for Educational Development Open Space, Playing Field & Community Use Location, Layout and Design Residential Amenity and Noise Highways and Transport Flood Risk and Drainage Trees and Ecology Sustainability Contamination Construction Environmental Management Plan Fencing and Security

6. The Need For Special Educational Needs School

6.1 At the heart of NPPF is a presumption in favour of sustainable development. Paragraph 11 states that in terms of the decision making process, this means approving development proposals that accord with the development plan without delay and where the development plan is absent, silent or relevant policies are out of date, granting permission unless:-

i. the application of policies in the Framework that protect areas or assets ofparticular importance; or

Such areas include land designed as Green Belts, an Area of Outstanding Natural Beauty, and Conservation Areas. (This does not apply in this case).

ii. Any adverse impacts of doing so would significantly and demonstrably outweighthe benefits, when assessed against the policies in the Framework as a whole. Paragraph 127 of the NPPF states that planning policies and decisions should ensure the developments, inter alia: (a) will function well and add to the overall quality of an area, not just for the short term but over the lifetime of the development; (b) are visually attractive as a result of good architecture, layout and appropriate and effective landscaping; (c) are sympathetic to local character and history, including the surrounding built environment and landscape setting, while not preventing or discouraging appropriate innovation or change (such as increased densities); create places that are safe, inclusive and accessible and which promote health and well-being, with a high standard of amenity for existing and future users.

6.2 At paragraph 130, it is stated that permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way in functions.

6.3 Policies CS1 and CS2 advise that new development will be directed towards previously developed land within the built up areas

6.4 In a Ministerial Statement Planning for schools development: statement (August 2011) the Government sets out its commitment to support the development of state-funded schools and their delivery through the planning system. In summary it states:-

‘The Government is firmly committed to ensuring there is sufficient provision to meet growing demand for state-funded school places, increasing choice and opportunity in state-funded education. State-funded schools include Academies and free schools. The Government wants to enable new schools to open, good schools to expand and all schools to adapt and improve their facilities. This will allow for more provision and greater diversity in the state-funded school sector to meet both

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demographic needs and the drive for increased choice and higher standards’

It goes on to state that the planning system should operate in a positive manner when dealing with proposals for the creation, expansion and alteration of state funded Schools, and that the following principles should apply:

(1) There should be a presumption in favour of the development of state funded Schools, as expressed in the NPPF; (2) Local authorities should give full and thorough consideration to the importance of enabling the development of state-funded schools in their planning decisions. The Secretary of State will attach significant weight to the need to establish and develop state-funded schools;

(3) A refusal of any application for a state-funded school, or the imposition of conditions, will have to be clearly justified by the Local Planning Authority. Given the strong policy support for improving state education, the Secretary of State will be minded to consider such a refusal or imposition of conditions to be unreasonable conduct, unless it is supported by clear and cogent evidence.

6.5 Paragraph 94 of the National Planning Policy Framework (NPPF) states that, it is important that a sufficient choice of school places is available to meet the needs of new and existing communities.

Section a) of paragraph 94 goes on to give great weight to the need to create, expand or alter schools through the preparation of plans and decisions on applications, and to work with schools’ promoters to identify and resolve key planning issues before applications are submitted

6.6 The Surrey School Organisation Plan (2018-2027) forecasts supply and demand for school places over the next decades. This document agrees on the need for two new Special Educational Needs and Disability (SEND) schools. One of which will provide cross-phase education for pupils aged 7-19 years old with Communication and Interaction Needs (COIN) and will be located in the west of the county. The other will provide cross-phase education for pupils aged 4-19 years old with Complex Social and Communication Needs (CSCN) and will be located in the east of the county.

6.7 Surrey County Council’s SEND School Development Plan 2020 demonstrates that children and young people with special educational needs and disabilities are increasing in number, above the rate of school population growth. The types of needs that young people have has changed, with a 50% increase in young people with Autistic Spectrum Disorders (included in CSCN) since 2009.

6.8 Surrey County Council have written a statement in support of the current application which could provide for the cross-phase education for pupils aged 4-19 years old with Complex Social and Communication Needs (CSCN). There are two CSCN schools in the north east and north west of Surrey. Both of these are currently operating at capacity. There is currently an increasing reliance on specialist independent CSCN schools and CSCN schools outside of Surrey. The current proposal will help to address this deficiency.

7. Open Space, Playing Fields & Community Use

7.1 Paragraph 97 of the NPPF states that Existing open space, sports and recreational buildings and land, including playing fields, should not be built on. The Framework

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then goes on to state a number of possible exceptions including c) the development is for alternative sports and recreational provision, the benefits of which clearly outweigh the loss of the current former use.

7.2 Sport England policy proposes a similar approach, setting out five exceptions where

playing field loss would be acceptable. Exception 5 applies where “the proposed development is for an indoor or outdoor facility for sport, the provision of which would be of sufficient benefit to the development of sport as to outweigh the detriment caused by the loss, or prejudice to the use, of the area of playing field”. As set out below, it is considered that this exception applies, particularly given that the new school and sports centre are interlinked in so far as they are dependent of each other in delivery terms.

7.3 Policy CS16 of the Mole Valley Core Strategy safeguards open space, sports and

recreational facilities from development. The loss of these facilities must be supported by evidence that a suitable alternative provision can be made. The supporting text of this policy does not expand on what would be considered a suitable alternative provision

7.4 The current proposal will result in the loss of existing playing fields in part to

accommodate both the SEN School to the west of the existing Therfield School and where the sports block is proposed to the south of the site.

7.5 With regard to the sports centre, national policy in the NPPF seeks to provide the

social, recreational and cultural facilities and services the community needs, through planning positively for the provision and use of shared spaces and community facilities such as sports venues (paragraph 92). It also seeks to promote healthy and safe communities through promotion of social interaction and healthy lifestyles. It is considered that the proposal for the new sports centre will serve to meet these objectives and help better meet local sporting and leisure needs, including those of the school.

7.6 Representations from Sport England raise objections to the proposal based on the significant extent of the playing fields that will be lost, and that the benefits of the proposed sports centre will not outweigh this. They are of the view that the proposal does not accord with the NPPF or Sport England’s Playing Field Policy.

7.7 It is acknowledged that the location of the proposed school and sports hall is on land

which currently forms part of Therfield School’s playing field and the development will result in a net loss of this. However, Therfield school have confirmed that the area proposed for the new school is not widely used and that its loss will not impact their curriculum provision or delivery, particularly with the delivery of the new sports centre. Whilst policy seeks to prevent the loss of playing field and open space, Local Plan Policy ENV21 provides an exception where the development is for the essential needs of suitable outdoor recreation, where the land does not make a significant contribution to the character, environmental quality and amenity of the surrounding area; or provides essential social, community, or recreational use; or is of high ecological value. It is noted that the land is not of any significant environmental or ecological value. The policy states that exceptionally, limited development of a small part may be permitted where it ensures the retention and enhancement of public access on the remainder and does not significantly undermine the contribution made by the land as open space. The proposed loss as a proportion of the full extent of the schools’ playing field is limited, with school and community access to the remainder unaffected. The enhanced community

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access to the proposed sports centre is a strong material consideration in the planning balance, which will be secured by an agreement (see Condition 3) which will be the subject of consultation with Sport England.

7.8 It is acknowledged that the school are still able to provide a pitch layout that meets their needs, with additional and significant benefits arising from the new sports hall. It is noted that the sports hall is funded directly as part and parcel of the Fox Grove School proposals, without which it would not be deliverable and the benefits it will deliver would not be realised.

7.9 Therfield School have confirmed that the intention with the Sports Hall is to let it to

sports clubs from the local community offering the same hours as their Astroturf & MUGA. Monday to Friday that would be 5.30pm-9.30pm and it would be available at the weekends too from 10am until 5pm. The Sports Hall would be available for local sports clubs to hire and there would be school employees supervising the use of all facilities. The use of the proposed Fox Grove School, in term time, outside of school hours would be for functions after school (parents events/Trust meetings) and at weekends may involve community lettings primarily on Saturdays and infrequent Sundays. Both would be during hours of 0900 to 1700. Outside term time, this may include community lettings again during business hours. The applicant has indicated that they do not anticipate late evening lettings/unsociable hours lettings.

7.10 At present the existing artificial pitches and MUGA are used by the community and

there is some use of the playing fields at weekend by a local colts football team. Going forward, a Community Use Agreement will help formalise and further facilitate community use, which will be enhanced by the provision of the proposed indoor facilities, whilst outdoor community sports use will benefit from dedicated and high quality changing facilities. The school’s artificial pitch is currently used extensively by the community outside of school use, but does not benefit from associated changing facilities that they can access. This would change as a result of the proposed development and represent a significant improvement to the existing situation. The grass pitches are used by Ashtead Colts football club and this use would continue. The school will work with the club to ensure their needs are accommodated on the remaining playing field, and this will also benefit greatly from access to indoor changing facilities. In addition, the school’s MUGA will also benefit from the changing provision proposed

8 Location, Layout and Design 8.1 The proposed Fox Grove School, at two storeys in height is of a scale and mass that

relates well to its spacious location and setting. It is of a similar scale to its immediate neighbour to the east, West Hill School. The design of the building is simple and functional. The use of a flat roof serves to minimise visual impact and scale. Given its setting, with the backdrop of the Ancient Woodland to the rear, it is recommended that a condition be attached to ensure the choice of material/colour and texture is one that compliments its surroundings (condition 14). The Therfield sports hall adopts a similar approach and meets its more functional requirements, but adapts it to include a slightly darker brick in response to the recent drama development nearby. Overall, and with further work to the choice of materials to the school, it is considered that the scheme overall is of a good sustainable design that meets the objectives of sustainable development (NPPF) and the requirements of policies CS14, ENV22 and ENV23

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9 Residential Amenity and Noise

9.1 National Planning Policy Framework paragraph 17 states that it is a core planning principle that a good standard of amenity is achieved for all existing and future occupants of land and buildings.

9.2 Local Plan Policy ENV22 (criterion 2) covers neighbouring amenity and states “a design and layout will be required which: does not significantly harm the amenities of the occupiers of neighbouring properties by reason of overlooking or its overshadowing or overpowering effect”. The proposed school building would be positioned some 50 metres from the closest property to the west (a two storey office block) positioned behind a bank of trees. There are no residential properties within the vicinity of the proposed school building that would be directly affected by the proposal. The closest residential properties to the proposed sports hall are positioned some 30 metres to the south-east in Albany Park Road and are not directly affected by the proposal. Several conditions have been recommended by Environmental Services which include details of method of mechanical ventilation to noise sensitive rooms including music practice rooms, dance studio/activity room (04 ); control over the hours of operation of the Multi Use Games Area (MUGA), the sport hall and the community rooms at fox grove school (05); restriction of the number of occasions when amplified music can be played (06 ); a condition that prevent lighting the MUGA and requires the submission of a lighting scheme (07); details of internal and externally located plant and a restriction on their noise levels (08 ); a condition requiring the development to be carried out in accordance with the submitted CEMP (9); a condition requiring a venue management plan (19).Overall it is considered that the proposals would not give rise to any significant harm to surrounding residents in terms of overlooking, loss of light or outlook, nor is it considered that it would have an overpowering effect on neighbour’s amenities and therefore compliant with policy ENV22 and paragraph 17 of the NPPF.

10 Highways and Transport

10.1 .Local plan policy MOV2 seeks to ensure that development makes adequate provision for off-street parking, servicing, vehicular access and egress and movement within the site. The proposal provides car parking and there is ample space at the front of the property for off-street parking which is compliant with Local Plan Policy MOV2

10.2 The scheme has been accompanied with a Transport Assessment that follows a scope agreed with Surrey County Council Highway Authority and which considers the impact of the proposed development on the local highway network, as well as reviewing and assessing the proposed parking proposals.

10.3 The existing vehicular access to West Hill School is constrained in width due to parking bays set out along its southern side and effectively operates as a single lane with limited opportunity for vehicles to pass. Rather than fell the trees and remove the grassed area that runs along the northern side of the access road, the proposals for Fox Grove School access removes this parking and relocates it within West Hill School’s existing car park, delivering a net increase in parking numbers for the school. The layout roposed for West Hill retains the ability for the school to operate a managed drop-off and pick-up within a secure area, which coupled with the increased parking and improved access, delivers a betterment in highway terms for the existing school. Associated improvements to the existing bellmouth to better facilitate two-way movements are also proposed. The increased widening of the

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access ensures that it is of an appropriate width to serve both West Hill and Fox Grove schools together, removing potential vehicle conflict along the access road, or the need for vehicles to wait on the highway for vehicles leaving the site, before entering.

10.4 The proposed school will be provided with 99 parking spaces and an additional

30 drop-off spaces with further stacking capacity within the aisles. This will suitably facilitate a managed drop-off and pick-up as currently occurs at West Hill School, within a secure gated area to maintain pupil safety. The design also provides for a significant area of this to deliver dual use, minimising the extent of hardstanding. Having regard to the adopted parking standards and the SEN requirements of the school and needs of the proposed pupils (whereby the overwhelming majority arrive by taxi or minibus), this is considered an appropriate level of provision and SCC Highways Department have indicated their support for the adopted approach.

10.5 No additional parking is proposed at Therfield School to serve the proposed sports

hall, as the proposal would not generate a need for any additional movements during school hours, whilst the existing overflow area will remain to accommodate demand from community use outside of school hours.

10.6 A trip assessment has been carried out based on survey data from West Hill School

and traffic surveys of the local road network at locations agreed with the Local Highway Authority. This indicates that the proposed Fox Grove School could generate 66 vehicle trips in the morning peak period and 101 vehicle trips in the afternoon peak period. The assessment shows these trips to deliver an impact of only 2-3% on the roundabouts to the north and south of the site, which is significantly less than the daily variation in traffic flow and is thus not significant and in accordance with planning policy and the NPPF.

10.7 A draft Travel Plan has been prepared for the new Fox Grove School and

accompanies the application. this sets out the measures and approaches that will be introduced and developed to increase awareness of walking, cycling and public transport and reduce single occupancy car travel to and from the site.

10.8 At paragraph 109 of the NPPF, it is advised that development should only be refused

on highway grounds if there is an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe. The Surrey Highway Authority has been consulted on the current proposal and have raised no objection

11 Flood Risk and Drainage. 11.1 Mole Valley Core Strategy policy CS20, Flood Risk Management, states:

The Council will expect to see the use of appropriate sustainable drainage systems (SUDS) as part of any development proposals. A Flood Risk Assessment will be required for sites within or adjacent to areas at risk of surface water flooding as identified in the SFRA. To further reduce the risk from surface water flooding all development should works towards mimicking greenfield run-off situations

11.2 The application has been submitted with a supporting Flood Risk Assessment (FRA)

affirming that the site lies within Flood Zone 1 and is therefore at low risk of flooding. It is also at a low risk of flooding from all other sources.

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11.3 A Drainage Strategy and associated Drainage Layout drawings have been submitted, which provide a detailed description of the foul and surface water drainage systems for the proposed development. These documents have been the subject of discussions between SCC Flood Risk Asset and the applicants during the life of the application. SCC Flood Risk Asset have indicated they are content that the proposed drainage scheme for the sports hall meets the requirements set out in the aforementioned documents, but recommend more work is undertaken to help reduce run-off as suggested in their representation above.

11.4 Given that the proposal would intensify the built form and hard-surfacing, in conjunction with the loss of the existing playing fields in part, it would need to be demonstrated to the satisfaction of the Local Planning Authority that appropriate sustainable drainage systems would be incorporated within the development in order to comply with policy CS20 of the Mole Valley Core Strategy and the NPPF. This could however be required by a condition. (10).

12 Ecology & Trees

12.1 With regards to ecology, the NPPF paragraph 170 directs that ‘Planning policies and decisions should contribute to and enhance the natural and local environment ’ it goes on to list examples of mitigation and enhancement measures inter alia it affirms that ‘ minimising impacts on and providing net gains for biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures’,

12.2 Preliminary Ecological Appraisal was undertaken on 23rd October 2019 which concluded based on the condition of the site, no further ecological survey work is recommended or required. The survey notes that the site adjoins dense scrub and broadleaved semi-natural woodland, which offers nesting opportunities for birds and foraging and commuting opportunities for bats. Whilst the poor semi-improved grassland and scrub offers sheltering and basking opportunities for reptiles. A number of recommendations are made including:

• avoiding any works to trees during the bird nesting season (March to August) unlessfirst checked by an ecologist

• avoiding any excessive up-lighting and light spill and keeping theadjacent woodland unlit;

• undertaking any scrub clearance between March and October inclusive (the activereptile season) and in accordance with a Reptile Method Statement; and

• avoiding leaving any trenches or excavations uncovered overnightor to provide ramps to avoid mammals becoming trapped

12.3 Given that woodland to the west of the Fox Grove site is Ancient Woodland, a 15 metre buffer is maintained free from built development and this will also be fully protected during construction

12.4 A number of biodiversity and habitat enhancements are proposed and this has in turn informed the submitted Landscape and Ecology Management Plan, which includes a number of measures to deliver enhancements across the development. These include the use of appropriate native species with associated good management, and the provision of bird and bat boxes.

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12.5 Trees 12.6 A Tree Survey was carried out on the application site and relevant adjacent areas,

which has informed an Arboricultural Impact Assessment of the proposals. To accommodate and deliver the proposed development, it is necessary to fell five trees, one hedge and remove part of two areas. Additionally, four trees and three landscape features require minor surgery to permit construction space. Of the trees and hedge to be removed, all are Category C (i.e. those of low quality), with the exception of one Category B tree (moderate quality). The proposed buildings remain outside of any root protection area and where works are required within these areas (e.g. boundary fencing), construction methods are proposed which will mitigate impacts and ensure that the proposals do not give rise to any significant impacts upon trees. As the report concludes, there are no overt or overwhelming arboricultural constraints that can be reasonably cited to preclude the proposed development.

13 Sustainability

13.1 The proposal falls within the remit of Policy CS19 – Sustainable Construction of the Mole Valley Core Strategy. The proposed development would therefore need to meet the requirements of this policy. The proposed scheme has been designed to offer a sustainable solution, which is practical and meets the needs of the school, Compliance with the requirement to reduce the carbon emissions of the predicted energy use of the development by at least 10% through the implementation of decentralised and renewable or low carbon energy sources in accordance with policy The proposed design has been directly informed by the Department for Education’s detailed Output Specification, which comprises a comprehensive design guide for all Government funded new school development. This guide ensures that new school accommodation is to the required standard in terms of size and a host of other factors including ventilation, ambient temperature, natural daylighting and also the fabric and sustainability of the building. The Output Specification ensures that new school buildings achieve high levels of environmental sustainability, delivering the equivalent of BREEAM ‘Very Good’, consistent with the requirements of Policy CS19, The Council’s sustainability officer has recommended imposing a condition that requires further evidence to outline how (and if) the savings predicted will be achieved (condition 20).

14 Contamination 14.1 A Phase 1 Desktop Geoenvironmental Study & a further Phase 2 Ground

Investigation has been submitted in support of the proposal. These reports demonstrate that there no significant contamination source has been identified at the application site, with a low risk to human health and very low risk to groundwater and surface waters. The report makes a series of recommendations based on the findings of the investigation, which will be followed on site and keep the low risks identified to a minimum. A standard condition dealing with any unexpected contamination found during construction is recommended (condition 11).

15 Construction Environmental Management Plan . 15.1 A Construction Environmental Management Plan has been submitted in support of

the application and which informs on how the proposed construction activities are managed to mitigate potential impacts on the neighbouring schools and residents. These include restrictions on working hours, tree protection, ecological mitigation, dust suppression, deployment of CFA piling techniques, preventing vehicles on site

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running idle when not in use, sensitive on-site lighting and appropriate waste management. Particular attention has been paid to the requirements of West Hill School and their pupils and this has been directly informed in consultation with staff of the school. To mitigate potential impacts, all deliveries will be carefully managed to avoid peak hours, wheel washing will be carried out, and banksmen will be on duty to appropriately manage, marshal and escort vehicles as required. Routing has also been devised to minimise impact (condition 09).

16 Fencing & Security 16.1 Fencing to the Fox Grove School perimeter will be 2.4m high. The car park will

function as a managed access area, with an efficient secure line enabling access for visitors to the main building entrance without entering the secured area. Internal fencing locations would serve to minimise impact on movement while providing containment where required. Fencing height will vary depending on the use of the space. Primary external teaching spaces will have a 1m high fence to the surround, while the secondary spaces will have a 1.2m fence. The MUGA will have a 3.0m fence to facilitate ball games while the remaining internal fencing will be 1.8m to provide appropriate segregation for students. All proposed fencing will be visually permeable weldmesh fencing except to the bin store. The weldmesh fencing will be specified in a dark recessive colour in order to reduce its prominence, disappearing into the surround while providing a secure site

17 Conclusion 17.1 When assessed against the policies in the NPPF taken as a whole, it is considered

that the development would simultaneously achieve the social, economic and environmental dimensions necessary to be considered as sustainable development as defined and sought by the NPPF. The NPPF gives great weight to providing school places to meet the needs of communities through the application process. Evidence published separately by Surrey County Council and submitted as part of the current application show that there is a demonstrable need for a school that caters for Complex Social and Communication Needs within Surrey. The adverse impacts identified above involving loss of part of the playing fields are considered in the planning balance, to be limited and would not significantly and demonstrably outweigh the benefit of these proposals when measured against the policies in the NPPF. Noting that the proposal also accords with development plan policies. The new two storey all-through SEN School with associated access, parking and landscaping; reconfiguration of existing access road and West Hill School car park; and erection of new four court sports hall for Therfield School will meet the required demand within the County and ensure that children have access to the educational needs that they require. In addition to this the proposal will provide a valuable community asset to the residents of Leatherhead. Taking all of these factors into account it is considered that planning permission should be granted.

18 Recommendation

That the Committee Resolve to, Subject to the approval of the Secretary of State, to Grant Planning Permission Subject to the following conditions

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

Reason: To comply with Section 91(1) of the Town and Country Planning Act 1990 as amended by Section 51(1) of the Planning and Compulsory Purchase Act 2004.

2. The development hereby permitted shall be carried out and completed in all respectsstrictly in accordance with the submitted documents and the recommendations contained therein including Planning Statement (incorporating Education Need Statement);Design and Access Statement; Noise Assessment; Statement of Community Involvement; Transport Assessment; Travel Plan; Archaeological Assessment; Preliminary Ecological Appraisal; Protected Species Checklist; Landscape and Ecological Management Plan; Arboricultural Survey and Impact Assessment; Flood Risk Assessment; Construction Environmental Management Plan and Construction Logistics Plan; Energy Statement; BREEAM and Sustainability Statement;; Geoenvironmental Desk Study Report; Ground Investigation Report; and plan numbers FS0755-CPM-01-00-DRA-2001_P01; FS0755-CPM-01-01-DR-A- 2002_P01; FS0755-CPM-01-02-DRA-2003_P01; FS0755-CPM-01-ZZ-DRA-2010_P01; FS0755-CPM-01-ZZ-DRA-2015_P01; FS0755-CPM-02-00-DRA-2001_P01; FS0755-CPM-02-02-DRA-2002_P01; FS0755-CPM-02-ZZ-DRA-2010_P01; FS0755-CPM-02-ZZ-DRA-2015_P01; FS0755-ALA-XX-XX-DR-L-0001_ P04; FS0755-ALA-XX-XX-DR-L-0002_P04; FS0755-ALA-XX-XX-DR-L-0003_P04; FS0755-ALA-XX-XX-DR-L-0005_P04; FS0755-ALA-XX-XX-DR-L-0006_P04; FS0755-ALA-XX-XX-DR-L-0007_P03; FS0755-ALA-XX-XX-DR-L- 0008_P03; FS0755-ALA-XX-XX-DR-L-0009_P04; FS0755-ALA-XX-XX-DR-L-0010_P04; FS0755-ALA-XX-XX-DR-L-0011_P04; FS0755-ALA-XX-XX-DR-L-0012_P04; FS0755-ALA-XX-XX-DR-L-0013_P04 contained within the application and no variations shall take place.

Reason: To accord with the terms of the submitted application and to ensure minimal impact on local amenity and the environment in accordance with Mole Valley Core Strategy policy CS14 and Mole Valley Local Plan policy ENV22.

3. Use of the sports hall development shall not commence until a community useagreement prepared in consultation with Sport England has been submitted to and approved in writing by the Local Planning Authority, and a copy of the completed approved agreement has been provided to the Local Planning Authority. The agreement shall apply to the sports hall and ancillary provision and include details of pricing policy, hours of use, access by non-educational establishment, management responsibilities and a mechanism for review. The development shall not be used otherwise than in strict compliance with the approved agreement.

Reason: To secure well managed safe community access to the sports facility/facilities, to ensure sufficient benefit to the development of sport and to accord with Core Strategy policy CS16

4. Prior to any above ground works a scheme of noise insulation and ventilation for thetype 1 rooms and the dance activity studio, listed in table 4-1 of the Buro-Happold Noise Impact Assessment dated 25th October 2019 shall be submitted to and approved in writing by the Local Planning authority. The scheme shall have due regard to the principles of the noise impact assessment and shall include proposals for post completion verification and all work shall be designed and implemented by a suitably qualified person.

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Reason: The Local Planning Authority is satisfied that it is fundamental to the development permitted to address this issue before development to protect the amenity of the local area and ensure a satisfactory environment for occupiers of adjoining properties accordance with Mole Valley Local Plan policy ENV22 and policy CS14 of the Mole Valley Core Strategy.

5. The hours of operation of the Multi Use Games Area (MUGA) identified as item G onsite plan ref FS0755-ALA-XX-XX-DR-L-0016 the sport hall and the community rooms at fox grove school shall be restricted to between 07:30 to 22:00 hours on Monday to Friday and from between 10:00 to 17:00 hours on Saturdays and Sundays and at no other time.

Reason: To protect the amenities of the occupiers of neighbouring properties, in accordance with Mole Valley Local Plan policy ENV22.

6. Other than for entertainment purposes specifically organised by the school for its owninternal use, the playing of live and amplified music within the sports hall or community space shall be limited to once a month with no more than 12 external community events permitted per annum.

Reason: To protect the amenities of the occupiers of neighbouring properties, in accordance with Mole Valley Local Plan policy ENV22.

7. There shall be no flood lighting on the Multi Use Games Area (MUGA). Prior to anyinstallation of work a lighting scheme must be submitted for the approval of the Local Planning Authority in accordance with the Institute of Lighting Professional’s Guidance notes for the reduction of obstructive light GN01-2011. Before commencement of operation of the approved lighting scheme the applicant shall appoint a suitably qualified person to validate that the lighting scheme as installed conforms to the recommendations for environmental zone E3 in the ILP document Guidance Notes for the Reduction of Obtrusive Light GN01:2011 The details as approved shall thereafter be permanently retained.

Reason: The Local Planning Authority is satisfied that it is fundamental to the development permitted to address this issue before development to protect the amenity of the local area and ensure a satisfactory environment for occupiers of adjoining properties accordance with Mole Valley Local Plan policy ENV22 and policy CS14 of the Mole Valley Core Strategy.

8. Prior to commencement of construction above ground a detailed scheme of internallyand externally located plant and services equipment shall be provided in accordance with the compliance metrics approved in Section 5 of the Buro-Happold Noise Impact Assessment dated 25th October 2019 and in accordance with BS 4142: 2014. The assessment shall be submitted to the Local Planning Authority together with a scheme of attenuation measures to ensure the rating level of noise emitted from the proposed plant shall be no more than 5db below background at the nearest noise sensitive receptors. The scheme shall be submitted to and approved in writing by the Local Planning Authority. A post installation noise assessment shall be carried out where required to confirm compliance with the noise criteria and additional steps to mitigate noise shall be taken, as necessary. The details as approved shall be implemented prior to occupation of the development and thereafter be permanently retained.

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Reason: The Local Planning Authority is satisfied that it is fundamental to protect the amenity of the local area and ensure a satisfactory environment for neighbouring properties in the area of the new development in accordance with Mole Valley Local Plan policy ENV22 and policy CS14 of the Mole Valley Core Strategy

9. In accordance with the provisions of condition 02 above the development shall be carried out in accordance with the submitted Construction Environmental Management Plan (CEMP) dated November 2019. Reason: To protect the amenities of the occupiers of neighbouring properties, in accordance with Mole Valley Local Plan policy ENV22.

10. Prior to the commencement of the development hereby permitted, surface water drainage details shall be submitted for the approval in writing by the Local Planning Authority. Such details shall include an assessment of the potential for the disposal of surface water by means of a sustainable drainage system in accordance with the principles set out in the National Planning Policy Framework. The assessment shall provide information of the design storm period and intensity (typically a 1 in 100 year storm of 30 minutes duration with an allowance for climate change), the method employed to delay and control the surface water discharged from the site and the means to prevent pollution of the receiving groundwater and/or surface water. Where applicable, the details shall include infiltration tests, calculations and controlled discharge rates. If the development is to discharge water into the ground in any form, then a full BRE Digest 365 infiltration test (or falling head test for deep bore soakaways) will have to be submitted to the Local Planning Authority prior to commencement of any works on site. The suitability of infiltration methods should be verified (i.e. possible contaminated ground). The approved drainage scheme shall be implemented prior to the first occupation of the development. Reason: The Local Planning Authority is satisfied that it is fundamental to the development permitted to address this issue before development commences and that without this safeguard planning permission should not be granted and, in the interests of sustainable development, in accordance with the advice contained in the National Planning Policy Framework and policy CS20 of the Mole Valley Core Strategy.

11. Additional significant contamination discovered during development shall be fully assessed and any necessary modifications made to the remediation scheme shall be submitted to the Local Planning Authority for written approval. Before any part of the development hereby permitted is occupied the developer shall provide written confirmation that all works were completed in accordance with the revised remediation scheme. Reason: To ensure the proper investigation and, where necessary, remediation of the site in the interests of the amenities of the locality and the future occupants of the site in accordance with Mole Valley Local Plan policy ENV69.

12. The landscaping scheme indicated on the approved plans shall be carried out in the first planting season after commencement of the development, unless otherwise agreed in writing by the Local Planning Authority, and shall be maintained for a period of 5 years. Such maintenance shall include the replacement of any trees and shrubs that die.

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Reason: To ensure the provision and maintenance of trees, other plants and grassed areas in the interests of visual amenity and in accordance with Mole Valley Local Plan policy ENV25 and policies CS14 and CS15 of the Mole Valley Core Strategy.

13. The recommendations set out within the applicant's ecological survey (Delta-SimonsProject No. 19-1886.01 dated November 2019.) and submitted in support of the application shall be carried out in full before the development is occupied.

Reason: To safeguard the ecological interest of the site in accordance with Mole Valley Local Plan policy [ENV11] [ENV12] [ENV13] [ENV15] in accordance with policy CS15 of the Mole Valley Core Strategy and the National Planning Policy Framework.

14. Before any above ground works commence, details of the materials to be used in theconstruction of the external surfaces of the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reason: To ensure the development harmonises with its surroundings in accordance with Mole Valley Local Plan policy ENV22 and policy CS14 of the Mole Valley Core Strategy.

15. The development hereby approved shall not be first occupied unless and until spacehas been laid out within the site in accordance with the approved plans for vehicles to be parked and for vehicles to turn so that they may enter and leave the site in forward gear. Thereafter the parking and turning areas shall be retained and maintained for their designated purposes.

Reason: The above condition is required in order that the development should not prejudice highway safety nor cause inconvenience to other highway users, in accordance with the National Planning Policy Framework, the Surrey Transport Plan, and saved polices MOV2 and MOV5 of the Mole Valley Local Plan.

16. No part of the development shall be first occupied unless and until the proposedmodified vehicular access to the B2430 Kingston Road has been constructed and provided with visibility zones in accordance with the approved plans and thereafter the visibility zones shall be kept permanently clear of any obstruction over 0.6m high.

Reason: The above condition is required in order that the development should not prejudice highway safety nor cause inconvenience to other highway users, in accordance with the National Planning Policy Framework, the Surrey Transport Plan, and saved polices MOV2 and MOV5 of the Mole Valley Local Plan.

17. The development hereby approved shall not be occupied unless and until at least 10%of the available parking spaces are provided with a fast charge socket (currentminimum requirement: 7kw Mode 3 with Type 2 connector - 230 v AC 32 amp singlephase dedicated supply) in accordance with a scheme to be submitted to and approvedin writing by the Local Planning Authority

Reason: To accord with the sustainability objectives of Section 09 'PromotingSustainable Transport'the NPPF.

18. The development hereby approved shall not be first occupied unless and until thefollowing facilities have been provided in accordance with the approved plans for:

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(a) The secure parking for 20 bicycles within the development site, and thereafter the said approved facilities shall be provided, retained and maintained to the satisfaction of the Local Planning Authority Reason: In accordance with the aims and objectives of Section 9 'Promoting Sustainable Transport' in the National Planning Policy Framework 2019 and in accordance with policies MOV2, MOV5 and MOV15 of the Mole Valley Local Plan.

19. Prior to occupation a venue management plan shall be submitted to the Local Planning Authority detailing how booking of the sports hall, MUGA and other community facilities shall be recorded and managed. The management plan shall include but not be limited to details of the named role and contact details of the person responsible for managing the facilities as well as access management, complaint recording and onsite supervision if required. The plan as approved shall be reviewed by the LPA in the event of relevant objections or a significant change of circumstance. Reason: To protect the amenities of the occupiers of neighbouring properties, in accordance with Mole Valley Local Plan policy ENV22.

20. Prior to any above ground works commencing, details to reduce the carbon emissions of the predicted energy use of the development hereby permitted by at least 10% through the on-site installation and implementation of decentralised and renewable or low-carbon energy sources shall be submitted and approved by the Local Planning Authority and be implemented prior to the first occupation of the development. Reason: To optimise renewable energy and its conservation, in accordance with policy CS19 of the Mole Valley Core Strategy.

Informatives 1. Highway Informatives

The permission hereby granted shall not be construed as authority to carry out any works (including Stats connections/diversions required by the development itself or the associated highway works) on the highway or any works that may affect a drainage channel/culvert or water course. The applicant is advised that a permit and, potentially, a Section 278 agreement must be obtained from the Highway Authority before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway. All works (including Stats connections/diversions required by the development itself or the associated highway works) on the highway will require a permit and an application will need to submitted to the County Council's Street Works Team up to 3 months in advance of the intended start date, depending on the scale of the works proposed and the classification of the road. Please see http://www.surreycc.gov.uk/roads-and-transport/road-permits-and-licences/the-traffic-management -permit-scheme. The applicant is also advised that Consent may be required under Section 23 of the Land Drainage Act 1991. Please see www.surreycc.gov.uk/people-and-community/emergency-planning-and-community-safety/floodingadvice. The developer is advised that as part of the detailed design of the highway works required by the above conditions, the County Highway Authority

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may require necessary accommodation works to street lights, road signs, road markings, highway drainage, surface covers, street trees, highway verges, highway surfaces, surface edge restraints and any other street furniture/equipment. The developer is reminded that it is an offence to allow materials to be carried from the site anddeposited on or damage the highway from uncleaned wheels or badly loaded vehicles. The Highway Authority will seek, wherever possible, to recover any expenses incurred in clearing, cleaning or repairing highway surfaces and prosecutes persistent offenders. (Highways Act 1980 Sections 131, 148, 149). It is the responsibility of the developer to ensure that the electricity supply is sufficient to meet future demands and that any power balancing technology is in 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 and connector types.

2. Informative: Guidance on preparing Community Use Agreements is available from SportEngland. http://www.sportengland.org/planningapplications/ .

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MO/2020/0160 (Detailed) 21-Jan-2020

Applicant Greene King Pub Partners




Ward(s) Charlwood

Proposal Erection of single storey rear extension, covered pergola, extension to patio area, new cycle parking and alterations to car park and yard.

Site Description The Charlwood (PH), 12, The Street, Charlwood, Horley, Surrey, RH6 0BY


Summary

The site lies within the large rural village of Charlwood. Planning permission is sought for a proposed single-storey rear extension to provide a new dining area providing 20 covers; the retrospective enclosure of the former oak framed smoking shelter to provide additional dining area and removal of glazed doors on the south elevation and for their installation on the north elevation facing the extended patio; a new widened gable ended pitched roof entrance leading to a covered (polycarbonate roof) walkway; repositioning of the patio area, new secured covered parking for four bicycles; alterations to the car park reducing the number of car parking spaces from 29 to 26 car parking space with two disabled spaces close to the new patio area. When assessed against the policies in the NPPF taken as a whole, it is considered that the development would simultaneously achieve the social, economic and environmental dimensions necessary to be considered as sustainable development as defined and sought by the NPPF. Noting that the proposal also accords with development


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plan policies. Taking all of these factors into account it is considered that planning permission should be granted

1. Development Plan

1.1 Large rural village


MO/85/1142 Front, side and rear extensions totalling 128 sq m (1,373 sq ft) to public house, formation of rear patio of 24 sq m (256 sq ft) and use of part of rear garden to provide 13 extra car parking spaces following demolition of existing rear outbuildings totalling 27 sq m (294 sq ft).

Approved

10/01/1986

MO/94/0334 Bay window to front elevation, amended front entrance, enclosure of area adjacent to toilets on west elevation, enlarged seating area and car park to rear.

Approved

06/06/1994

MO/97/1689 Erection of ground floor dining area and kitchen extension of 44.5sqm. First floor extension of 33.4sqm to create assistant managers flat. Alterations to car park to create extra spaces.

Approved

04/03/1998

MO/2008/0506 Erection of oak framed smoking shelter to rear. Approved 15/05/2008

MO/2019/1164 Erection of single storey rear extension and alterations/extension of rear garden area.

Withdrawn 29/08/2019


3.1. The application site is a two-storey detached public house positioned on the north side of ‘The Street’ within the inset rural village of Charlwood. The two-storey Public House, ‘The Charlwood’ (formerly named ‘The Greyhound’), fronts the main road and has vehicular accesses either side To the east of the pub are two white –painted interconnected two-storey buildings, one of which is brick built and the other timber framed and weather boarded. The buildings are in a mixed use as a restaurant (Class A3) and offices (Class B1) on the ground floor (Limes Bistro is now closed) with offices above. The surrounding area comprises small scale, two storey, residential development in a linear pattern along The Street with a mixture of predominately Victorian detached and semi-detached dwellings, varied in style and character, set within modest plots. The properties within Perrylands, to the east and north of the application site, comprises well spaced 1960’s semi-detached and terraced dwellings.

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Figure 1. Site Location Plan

3.2. The current application seeks planning permission for a proposed single-storey rear extension to provide a new dining area providing 20 covers; the retrospective enclosure of the former oak framed smoking shelter to provide additional dining area and removal of glazed doors on the south elevation and install them on the north elevation facing the extended patio; a new widened gable ended pitched roof entrance leading to a covered (polycarbonate roof) walkway; repositioning of the patio area, new secured covered parking for four bicycles; alterations to the car park reducing the number of car parking spaces from 29 to 26 car parking space with two disabled spaces close to the new patio area. The proposals would increase the number of existing covers from 92 to 112.

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Figure 2. Proposed Layout

Figure 3. Proposed elevations.

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Figure 4. Photograph of rear of public house

4. Consultations

Responses Officer comment Relevant condition

SCC Highways - Having looked at the Transport Statement which accompanied this application, the County Highways Authority have no concerns regarding highway safety. The loss of three parking spaces is not considered detrimental to the highway safety in this location. The Transport Consultants did a parking survey of the existing pub car park, which shows that full capacity is only reached for half an hour during peak hours. They then analysed the local on street parking within 200 metres of the site, which showed available on street parking of around 129 spaces. The reduction in 3 car parking spaces can therefore be accommodated on the local streets in peak times. Therefore, the loss of parking will not cause a highway safety issue. It is recommended that a condition be imposed to provide secure bicycle storage.

.A condition has been imposed to provide secure bicycle storage (7)

7

MVDC Scientific Officer:- I can confirm that I have considered the noise impacts from the proposed patio. The noise level of a raised loud voice is circa 80db (this is not shouting). Allowing for the attenuation over distance of around 25m and 35m to the nearest residential properties i.e respectively 14 the street and 17 and 19 Perrylands; we would calculate the typical peak noise levels at these residential properties to be circa 50db at the facade.

Conditions preventing music being played beyond 2300 (4); no music recorded or otherwise shall be played within the outside patio area ever (8); the patio area shall not be

4, 5, 6 & 8

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Allowing for the attenuation of an open window this would then equate to circa 40db which in our opinion will not be sufficiently to be noticeable to be considered “intrusive”. However, this can only be said during the day or late evening, when background noise levels and internal noise levels within the property are higher. We would therefore consider that during day time and late evening the impacts from the proposal from patron noise will be acceptable provided they are properly managed and there is no other associated activity on the patio such as live and amplified music. As per our previous comments we would consider the main issue here is the increase in noise from the increased capacity of the patio and the location closer to the residents. We recognise that the current premises has an existing permission as a public house but we would contend this presents a material change to the local area that is required to be mitigated by the LPA under both the NPPF and the Noise Policy for England. On this basis we would recommend the planning authority and the applicant can adopt either of the following approaches:

The applicant could chose to add a management plan to the planning record advising us on how the patio area will be managed to minimise impacts on residents or specific conditions are used to ensure that residents are protected from unacceptable disturbance in the late evening and night time period. Our suggested conditions would be: Restriction of hours Their shall be no use of the external space of the Public house for drinking or eating outside the hours of 1000 to 2200 hours Music Other than background music there shall be no playing of amplified or live music at any time on the patio area herby approved. Lighting Prior to occupation of the development hereby approved a scheme of external lighting for the car park and patio area shall be submitted to and approved by the local planning authority. The scheme shall also include a survey and description of all existing lights used to illuminate the area and where necessary existing lighting will be mitigated to reduce impacts on the local environment in

used for the purpose eating or drinking outside the hours 1000 and 2200 (5);a lighting scheme for the car parking and patio area shall be submitted for approval (6)

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accordance with the principles of the institute of lighting professional guidance Gatwick Airport Ltd:- The proposed development has been examined from an aerodrome safeguarding perspective and does not conflict with safeguarding criteria. We therefore have no objection to this proposal.

Noted

Mole Valley Access Group:- ‘Are all the new areas accessible by wheelchairs? Is there a hearing loop in place? Are those with poor/blind catered for? I note that although there are two disabled parking spaces near the building this is all they appear to cater for. I am sure there is a disabled toilet within the new build. I am hoping that they will be installing a changing table within it so that those rather larger children out with their parents don't have to be changed on the floor of the toilet

The proposed extension and outdoor dining structure is accessible by wheelchairs. No changes to the existing internal facilities are proposed as part of this application

. 5. Representations

5.1. 9 representations (inclusive of representation from Charlwood Parish Council) were received raising the following summarised concerns: In addition a letter of support was received from the current operator of The Charlwood.

Comment Officer Comment Relevant condition

(s)

Charlwood Parish Council welcomes that the two conditions asked for in the previous application have been incorporated and compliments The Charlwood on no music after 2300 hrs and no live or recorded music outside ever, but still objects most strongly to this application to expand The Charlwood. The Parish Council has major concerns with regard to the lack of proposed parking spaces, The Charlwood holds music and quiz nights on regular occasions which are attended by significant numbers using private cars. There is a lack of sustainable transport in Charlwood, with no evening or weekend service. Transport and Travel document 1910077 is misleading, it refers to public transport being available but states that the peak trading periods are Friday and Saturday 1800-2300 and Sunday

.Conditions attached regarding no music events beyond 2300 (4); and no outside music ever (8). Parking issues addressed in parking section of this report.

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1200-1600 when there is no public transport at all. (Last bus departs 1827 Friday). The same document suggests customers should park on the public highway: a) on the Lowfield Heath Road, which would be highly dangerous, it is narrow, unlit, busy and has no footpath. b) The Street, which suffers from significant congestion when cars are parked. Parking along The Street would cause significant nuisance to homeowners trying to access/exit their driveways. c) Horley Road, which has many bends and driveways and would be highly dangerous. d) Perrylands, most residents have great difficulty in finding space for their own vehicles. To increase customer capacity whilst reducing car parking spaces at the premises does not equate The reduction in parking places will lead to an increased demand for on street parking, with additional cars parked on the Street and in Perrylands. There are no street lights in the village and the additional parking on the Street will cause a hazard to both visitors to the Charlwood, local residents and pedestrians. Also there is no public transport in Charlwood, with evening or weekend service

Addressed in parking section of this report

Noise issues resulting from increased capacity and associated disturbance from customers coming and going and theme/Mike/Music & Quiz nights

Noise issues addressed ‘Impact on neighbours section’ of this report and additional conditions referred to above imposed

Parking survey not carried out on a busy night The parking survey was carried out on two music nights on Friday 22nd November and Saturday 23rd November 2019 and a Sunday afternoon 24th November 2019 when the operator advises they were fully booked.

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Should limit number of live music nights Not within the control of the Local Planning Authority

Request the imposition of conditions that there will be no music events after 2300 and no recorded or live music outside ever

Conditions (4 & 8) imposed accordingly

4 & 8

There is also no allowance for a smoking area as currently customers are standing directly outside the front entrance and the doors are kept open so an increase in noise Preference for a new smoking shelter

This is a management decision for the operators of the Public House

The traffic survey report supporting this application has neglected to include the current use of parking on land behind Limes Bistro, which will not be available once that property has been redeveloped

This land is not within the control of the applicant

Whilst the planning proposal advises the patio is no larger than the current one, this will be nearer to the properties in Perrylands therefore a possible noise implication to those residents

While it is noted that the patio area is marginally (approximately 6 metres) closer to the properties in Perrylands a distance of in excess of 40 metres would be retained. In addition the re-positioned patio would have the advantage of moving further. away from the closest residential property a tno.14 The street.

The proposed western extension contains 7 new casement panes facing my property (14 The Street). Due to the proposed lengthening of the building , my 2 rear bedroom windows will become very visible to the diners in the new extension. The proposed windows are not needed , as the design includes large roof lantern and other windows, Preference for windows on western face to be removed, and replaced with a brick wall.

The windows are at ground level and there is a high mature hedge along the boundary of this property and therefore it is not considered there would be any significant

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increased overlooking

The outside wooden dining building with glazed doors and inside wood burner and tiled roof that they have been using for several years as one is not a “Pergola”. The new dining area should be soundproofed to prevent the transmission of noise?

Agreed and noted

Noise insulation for the extension will be to Building Regulations Part E. In addition the windows contained within the west elevation will be conditioned to ensure that they remain fixed shut (3) 3

In support of the application the following representation has been received from the current operator of The Charlwood:- following an internal renovation at the beginning of 2018 rebranded into a premium food led gastro pub. This was from a failing Hungry Horse. In less than 2 years we have established a niche serving freshly prepared food and premium led drinks. In rebranding from what was a cheap value driven venue we have attracted a completely new significant loyal customer following; These customers are generally aged 30+ and from the following segments (1) local residents (2) destination based residents generally from neighbouring towns and villages (3) Gatwick Airport related passengers both pre and post travel (4) business and corporate customers from local business and industry. 2. Our sales mix is generally split 60% food and40% wet – where the emphasis in on freshly prepared quality food. At weekends and busy days, we are generally maxed out in the venue and cannot accommodate everyone who wishes to dine with us. 3. The purpose of this planning application is tomake our restaurant area slightly larger to accommodate everyone who wishes to dine with

Noted

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us as we continue to grow as well as continue to ensure we have a sustainable business model for the future. All too often as has happened around us pubs and restaurants close due to lack of forward thinking and investment. 4. The parking situation referred to in variousobjections from a few neighbours is completely blown out of context, misleading and inaccurate which I will explain in detail below. 5. This proposed development will also create extranew employment for local people both full time and part time and as such carries significant value to the local economy especially for people who cannot work out of the local area due to personal commitments. I wish to address the following inaccuracies and assumptions that have been raised. 6. The traffic consultation commissioned wasacross three busy days (Friday, Saturday & Sunday) at the end of November which were far busier than average trading days here at The Charlwood. 7. There was no over spill parking from our carpark onto local residential roads during this consultation period. 8. In fact the majority of time whilst we were verybusy there were ample spaces for guests to park their vehicles. 9. On busy days up to 50% of our guests whocome to us to eat and drink arrive in shared taxis, they do not drink and drive therefore this reduces significant pressure on our car parking spaces. 10. I am yet to meet a guest who would considerparking their car in The Perrylands. As far as I am aware this is something that has never occurred. 11. Inaccurate speculations and assumptions donot provide a clear picture of The Charlwood, our guests means of travel, our car park and spaces available. The facts are clearly outlined in the traffic consultation. 12. The Street outside The Charlwood is almostalways empty of cars from any guests attending The Charlwood and I would be very interested to see factual evidence which implies otherwise. 13. Yes there is a parking problem in the centre of

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Charlwood which is not outside The Charlwood. A lovely café void of any parking, another public house also void of any parking along with a children’s play area and park with new pavilion and many sports events, fetes and fairs as well as private events in the pavilion. All you need to do to understand these parking challenges in the centre of the village is read the constant comments on The Charlwood & Hookwood Community Facebook Group for local residents. There has never been one mention of any parking overspill from The Charlwood onto local streets. Charlwood park has a long parking area on the lefthand side sadly this is rarely accessible to visitors as the gates are locked – this therefore creates a huge problem. 14. Whilst there is ad hoc public bus services in fact with bus stops directly outside The Charlwood and opposite – the profile of our guests do not use public transport to get to us so this is completely irrelevant to a means of transport. 15. We promote our self locally offering free transport from guest houses and hotels as well as Horley & Crawley and other surrounding areas within a few miles by refunding the cost of a taxi when visiting up to dine, this has proved very popular amongst guests who may be staying at local hotels & guest houses. 16. We have proposed increasing capacity and still maintaining adequate parking spaces to meet this demand based on independent thorough traffic analysis. 17. Our rear outdoor smoking area accessed from our restaurant remains in situ and will continue to remain in situ after any development if it is granted. Customers who smoke at the front of the building are generally bar customers who are drinking at the front of the building- this has been the case for donkeys’ years since the smoking ban was introduced. 18. The traffic analysis was in fact contrary to incorrect speculation carried out on 2 very busy music nights which were Friday 22nd November and Saturday 23rd November and a particularly busy Sunday afternoon 24th November when we were fully

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booked. 19. We are premium led restaurant and bar which has amazing music on many Fridays and Saturdays. This music is aimed at our audience aged 30+ but significantly many 40-60. The music consists of acoustic, tribute, soul & Motown and never rock or particularly loud music aimed at people aged 18-25. We always mange our music very carefully starting between 8pm and 9pm and finishing 11-1130pm . It is prudent to note with accuracy that we have never to date received a noise complaint from any music. We have never played music outside and have no intention to do so. In addition to music on selected Friday & Saturdays we host a monthly open mic night by local talented musicians which commences at 730pm and is finished by 1030pm. We also host the local Charlwood Folk singers every 2nd Monday evening of the month this commences as approx. 730pm and runs through to 11pm and is approx. up to 25 folk singers aged from 50 to 90 years + in age. 20. The majority of our customers who do drive have expensive vehicles and like to park these vehicles safely in our car park – they do not park in the Perrylands and as I have already mentioned above we have never been aware of anyone parking in The Perrylands which generally has no space in the evenings as it has residents cars and is limited to what spaces are available. 21. The Charlwood is located in Charlwood a village directly behind Gatwick Airport and adjacent to the flight path, with no noise complaints every received to date, speculation about future noise by marginally increasing capacity for diners in the restaurant is factually incorrect. 22. Our staff apart from the operators and two staff do not drive to work, we use taxis for staff and vehicle share almost every day as well as recruit locally within the village of Charlwood. Staff parking has no impact on available spaces. 23. Our car park is used at our discretion by numerous local residents who lack off road parking as well as over flow parking when residents also have a need to

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accommodate visitors and also local visitors to Charlwood who may be exploring the area because there are no specific car parks in the village apart from ours. 24. Vehicles occasionally park outside TheCharlwood to load and unload particularly in bad weather using the main front entrance – this is usually for minutes only. 25. Yes many guests arrive and depart by taxiwhich is completely encouraged as covered above this has never caused a complaint to date from any neighbours. 26. Whilst a few neighbours mention noisepollution, this is completely exasperated, we are next to Gatwick Airport and on a relatively busy B road with traffic 24/7, I cannot fail to mention that we have never received a noise complaint. I also feel that it is prudent to state that living in Charlwood with noise pollution from Gatwick and the local roads is not comparable to living in a rural village. How many years has there been an airport which is growing significantly as well as a pub at the site of The Charlwood. 27. Our music has never played after 12 midnightwith the exception of New Year’s Eve when we were fully booked and it was advertised in advance under our licence stipulations. 28. Music events are not a key objective of TheCharlwood – our key objectives are supplying amazing food & drink, when we have music it is an extra which is supported by significant numbers of people and included in this are many local residents. 29. We employ a registered concierge doormanevery Friday & Saturday evening from 7pm until the last guest leaves and we close, this has been in place since were opened. The purpose of this job is to welcome guests, assist in parking, manage noise levels outside particularly when guests leave The Charlwood. Yes, this is unusual for a out of town pub but significantly part of our premium led business approach and works very well. 30. To date it is particularly disappointing that wehave received no offer after our direct approach from Charlwood Parish Council to discuss these proposed development

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plans prior to them being submitted. In summary I have presented clear facts and answers to a few local objections. The value of which is with complete accuracy. I sincerely hope due consideration is given to this planning application on all the merits it entails for a successful independent local business.


6.1. Government Guidance National Planning Policy Framework Section 2 - Achieving Sustainable development Section 6 – Building a Strong Competitive Economy Section 9 – Promoting Sustainable Transport Section 12 - Achieving Well Designed Places

6.2. Mole Valley Core Strategy CS14 – Townscape, Urban Design and the Historic Environment

6.3. Mole Valley Local Plan ENV22 – General Development Control Criteria ENV23 – Respect For Setting ENV24 – Density of Development And The Space Around Buildings MO5 – Parking Standards MO15 – Provision For Cyclists In Development Proposals CF2 – Provision Of New Community Facilities RUD20 – Commercial Development in Villages

6.4. Other Document MVDC Larger Rural Villages Character Appraisal SPD (2013) SCC Vehicular & Cycle Parking Guidance

7. Main Planning Issues

7.1 The main planning issues for consideration are whether the proposal complies with national and Local Plan policies; the Impact on the amenities of neighbours and parking.

7.2 National & Local Policies

The National Planning Policy Framework (NPPF) Paragraph 8 explains that sustainable development comprises three overarching objectives: a) an economic objective – to help build a strong, responsive and competitive economy; b) a social objective – to support strong, vibrant and healthy communities; c) an environmental objective – to contribute to protecting and enhancing our natural, built and historic environment Section 6 relates to building a strong, competitive economy. Paragraph 80 states that significant weight should be placed on the need to support economic growth and productivity, taking into account both local business needs and wider opportunities for development Section 8 relates to promoting healthy and safe communities. Paragraph 91 states that planning policies and decisions should promote social interaction Section 12 relates to achieving well-designed places. Planning policies and decisions should ensure that developments: a) will function well and add to the overall quality of the area over the lifetime of the development; b) are visually attractive as a result of good architecture, layout and

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appropriate and effective landscaping; c) are sympathetic to local character and history, including the surrounding built environment and landscape setting; d) establish or maintain a strong sense of place; e) optimise the potential of the site to accommodate and sustain and appropriate amount and mix of development; f) create places that are safe, inclusive and accessible

Policy ENV22 – Development will normally be permitted where it respects its setting taking account of the scale character of the surrounding built environment; public views warranting protection; townscape features such as street patterns, familiar landmark buildings and space around buildings; the roofscape; the impact of the development within or conspicuous from the Green Belt or the rural amenities of the Green Belt by reason of its siting, material or design; the impact on the landscape of proposed siting and appearance of new agricultural buildings.

Policy ENV 23 – Development will normally be permitted where it respects its setting, taking account of the scale, character, bulk, proportions and materials of the surrounding built environment

Policy ENV24 – Development will not be permitted where it would result in a cramped appearance having regard to the general space around buildings in the locality.

Policy CF2 - The Council will grant planning permission for the development, expansion or change of use of premises for community facilities provided that: 1. the proposed use would not detract from the character and appearance of theproperty and surrounding area; 2. the development is required to meet the needs of the locality;;3. the location of the proposed development is accessible to the population beingserved; 4. the scale of the development is appropriate to the needs of the local community;5. the development would not have an adverse impact on the amenities of the locality;and 6. the parking and access requirements can be satisfactorily accommodated and theamount of traffic generated would not adversely affect highway safety.

Policy RUD20 covers proposals to establish, extend or redevelop businesses within villages such as Charlwood and has the following criteria: 1. it is at an appropriately small scale in relation to the size and character of the village;2. it takes account of the setting, form and layout of the village and in particular:

• is not a form of development which extends into the surrounding countryside;• in the case of villages identified in Policy RUD1 comprises infilling or in the

case of villages identified in Policies RUD2 and RUD3 comprises thedevelopment of land substantially surrounded by existing buildings;

• does not result in the development of land that makes a significantcontribution to the rural character of the village.

3. it would not result in the net loss of residential accommodation;4. it would not result in the loss of community facilities where there is an evident need

for such facilities;5. it takes account of the historic character of the village and the local style of building;6. it would not have a significant adverse effect on the amenities of any nearby

residential properties through noise, pollution or levels of activity;7. the traffic generated is compatible with the environmental character of the village and

would not significantly increase traffic flows on minor roads suitable only for light localtraffic;

8. adequate utility and other services are available.

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7.3. The Charlwood is an established public house that provides an important community

facility. It currently employs 20 staff and as a result of the proposed works would employ an additional 6 members of staff, which would generally be in accordance of the objectives of the NPPF that places significant weight on the benefits of developments that support local businesses, bring investment and create new job opportunities. The proposed extension would be sited at the rear of the public house and has been designed to sit comfortably within the site, being of a scale and design that will complement the existing building. Overall it is considered that the proposal is compliant with the of Policies ENV22,ENV23, ENV24, RUD20 and CF2

7.4. Impact on Amenities of Neighbours

7.5. The proposed extension would not give rise to a loss of daylight or sunlight to neighbouring properties. The proposed extension would not result in any significant overlooking of neighbouring residential properties.

7.6. Noise

7.7. Criteria 6 of RUD20 covers noise impacts on nearby residents. The Parish Council and neighbours have raised concern regarding the potential for noise disturbance in relation to the existing use (in particular in relation to music events) and in respect to the use of the external patio area. The number of music events that occur is not within the control of the Local Planning authority. However in this respect the applicants have indicated that they would be prepared to accept a management condition that would ensure that future music events will cease at 2300 (condition 04). The proposed patio, which extends further into the car park is the same size as the existing patio, which is taken up by the proposed extension and as such it is not considered that there would be any significant increase to the existing noise to that currently experienced. Whilst it is acknowledged that the proposed patio area would be marginally closer to the properties in Perrylands to the north, a distance of in excess of 40 metres would be retained and as such is not considered that noise nuisance would be unacceptably exacerbated to residents of these properties. The re-positioned patio would have the advantage of moving further away from the closest residential property at no.14 from its current position of approximately 15 metres to its proposed position approximately 20 metres from this nearest property. The Street. The Applicant has indicated their willingness to accept conditions that would preclude music, amplified or otherwise ever being played within the outside patio seating area (condition 08).Additional controls on the outside patio will restrict its use for the purposes of eating and drinking to between 1000 and 2200 hours (condition 05). A condition preventing the windows within the western elevation of the proposed extension from being openable, will avoid the potential for significant noise disturbance to neighbours from the proposed indoor dining area (condition 03).

7.8. Lighting

7.9. In order to ensure that there is no potential for light pollution a condition (6) requiring details of the external lighting for the car park and patio area is recommended. This is to include a survey and description of all existing lights used to illuminate the area. Where necessary existing lighting will be mitigated to reduce impacts on the local environment in accordance with the principles of the institute of lighting professional guidance

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7.10. Parking

7.11. Parking has been raised as a concern by the local Parish Council and local residents. Parking is covered by criterion 7 of policy RUD20. The proposals include a rearrangement of the existing car park reducing the number of car parking spaces from 29 to 26 spaces inclusive of two disabled parking bays. A Transport Consultant was commissioned to carry out an independent parking survey and to prepare a Transport Statement to accompany the application. The Transport statement confirmed that the proposed car parking provision and new cycle provision would be sufficient for the extended Public House even at peak times. In addition a Travel Plan has been prepared to encourage customers and staff to avoid whenever possible, the use of private cars. The Public House is currently operating a scheme that refunds taxi fares to patrons travelling to the premises for dinner on Friday and Saturday evenings from within the village. Surrey County Council Highways Authority was consulted on the application to assess the traffic generation, access arrangements and parking provision and was satisfied that the application would not have a material impact on the safety and operation of the adjoining public highway. A condition requiring the provision of secure bicycle parking is recommended (condition 7).The proposal is considered to comply with the objectives of Policies MOV5, MOV15, RUD20 and CF2, in terms of highway safety, provision for cyclists, the traffic generation would be compatible with the environmental character of the village and would allow the expansion of an established community facility.

Conclusion

7.12. When assessed against the policies in the NPPF taken as a whole, it is considered that the development would simultaneously achieve the social, economic and environmental dimensions necessary to be considered as sustainable development as defined and sought by the NPPF. It also accords with development plan policies. Taking all of these factors into account it is considered that planning permission should be granted.

8. Recommendation

Permission be GRANTED subject to the following conditions/reasons:



2. The development hereby permitted shall be carried out and completed in all respectsstrictly in accordance with the submitted documents and plan numbers 19.08/02, 03, 05, 06 contained within the application and no variations shall take place.


3. Prior to the first occupation the windows in the western elevation of the developmenthereby permitted shall be non openable . The windows shall be permanently retained in that condition thereafter.

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Reason: To protect the amenities of adjoining residential properties in accordance with Mole Valley Local Plan policy ENV32.

4. No amplified music or music events shall operate within the public house between thehours of 2300 and 1000

Reason: To protect the amenities of the area, and in particular the amenities of neighbouring residential properties, from noise in accordance with Mole Valley Local Plan policy ENV22.

5. Their shall be no use of the external space of the Public house for drinking or eatingoutside the hours of 1000 to 2200 hours

Reason: To protect the amenities of the area, and in particular the amenities of neighbouring residential properties in accordance with Mole Valley Local Plan policy ENV22.

6. Prior to occupation of the development hereby approved a scheme of external lightingfor the car park and patio area shall be submitted to and approved by the local planningauthority. The scheme shall also include a survey and description of all existing lightsused to illuminate the area and where necessary existing lighting will be mitigated toreduce impacts on the local environment in accordance with the principles of theinstitute of lighting professional guidance

Reason: To protect the amenities of the locality, including the amenities ofneighbouring residential properties, in accordance with Mole Valley Local Plan policyENV57 and policy CS14 of the Mole Valley Core Strategy.

7. The development hereby approved shall not be first opened for trading unless and untilthe following facilities have been provided in accordance with the approved plans by the Local Planning Authority for: (a) The secure parking of four bicycles within the development site, (b) Facilities within the development site for cyclists to store cyclist equipment and thereafter the said approved facilities shall be provided, retained and maintained to the satisfaction of the Local Planning Authority

Reason: In accordance with Section 9 “Promoting Sustainable Transport “ in the National Planning Policy Framework 2019r and to meet the objectives of policies MOV2 and MOV15 of the Mole Valley Local Plan.

8. There shall be no playing of amplified or live music at any time within the patio areahereby approved

Reason: To protect the amenities of the area, and in particular the amenities of neighbouring residential properties in accordance with Mole Valley Local Plan policy ENV22.

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MO/2020/0198 (Detailed) 20-Feb-2020

Applicant Mr T Baldwin




Ward(s) Charlwood

Proposal Demolition of existing bungalow and erection of a replacement dwelling.

Site Description Hamilton, Reigate Road, Hookwood, Horley, Surrey, RH6 0AP


Summary

The site lies within the large rural village of Hookwood. Planning permission is sought for the demolition of the existing bungalow and the erection of a two storey replacement dwelling. When assessed against the policies in the NPPF taken as a whole, it is considered that the development would simultaneously achieve the social, economic and environmental dimensions necessary to be considered as sustainable development as defined and sought by the NPPF.. Noting that the proposal also accords with development plan policies. Taking all of these factors into account it is considered that planning permission should be granted.


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Figure 1 - Front of existing property

Figure 2 - Rear of existing property

1. Development Plan

1.1. Large Rural Village; Countryside beyond the Green Belt


MO/2019/1946 Prior notification for the erection of a single storey rear extension of 8 metre

Prior Approval Not Required 04/12/19

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MO/2019/1954 Erect upper floor over existing bungalow, with new roof structure and front porch

Approved

03-Dec-2019

3. Description of Site & Development

3.1. The application site is positioned on the south-west side of Reigate Road. The dwelling comprises a two bedroom detached bungalow. The area is predominantly residential comprising mainly detached and semi-detached dwellings of mixed architectural styles which have been extended in a variety of ways.

3.2. Prior approval was granted in December 2019 for an 8 metre single storey extension to the rear of the property, and planning permission was granted in December 2019 to erect an upper floor over the existing bungalow with new roof structure and front porch. However, upon commencing the works on the upper floor, the applicant discovered that the foundations of the property were unsatisfactory. Works on site have ceased and the applicant has now submitted this current application to demolish and replace in a form similar to that of the extant consents.

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Figure 3 - Existing site layout

3.3 The current application seeks planning permission for the demolition of the existing bungalow and the erection of a part two/part single- storey (1st floor contained within the roof) four bedroomed house. The proposed house would have an overall width of 10.45m, 4.51m high at eaves, 9m high at ridge and 8m deep single storey rear extension.

Figure 4 - Proposed elevations

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4. Consultations

Gatwick Airport Ltd – No response

5. Representations

5.1. Two representations received, inclusive of a letter from Charlwood Parish Council, raising the following summarised concerns:

Concern Officer Comment Relevant Planning Condition

The Charlwood Society

Charlwood Parish Council The Parish Council considers this to be an imposing overdevelopment which would not be in keeping with neighbouring properties which are single storey

Noted application but made no comment

Considered in the body of the report below - 'effect on the character and appearance of the area'

It is noted that the Parish Council did not object to the similar extant consent for erection of upper floor over existing bungalow.

N/A

N/A


6.1. Government Guidance

National Planning Policy Framework Section 2: Achieving Sustainable Development Section 11: Making effective use of land Section 12: Achieving well designed places

6.2 Mole Valley Core Strategy CS1 - Where development will be directed CS2 – Housing Provision and Location CS3 – Balancing Housing Provision CS14 – Townscape, Urban Design and the Historic Environment CS15 – Biodiversity & Geological Conservation CS19 – Sustainable Construction, Renewable Energy & Energy Conservation

6.3 Mole Valley Local Plan ENV15 – Species Protection ENV22 – General Development Control Criteria ENV23 – Respect for setting ENV24 – Density of Development and the space about buildings M0V2 – Movement implications of new developments M05 – Parking standards

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7 Main Planning Issues

7.1 The main planning issues for consideration are:

Principle of Development Effect on the character and appearance of the area Impact on the amenities of residents of adjoining properties Sustainable Construction Highways and Parking

Principle of Development

7.2 At the heart of NPPF is a presumption in favour of sustainable development. Paragraph 11 states that in terms of the decision making process, this means approving development proposals that accord with the development plan without delay and where the development plan is absent, silent or relevant policies are out of date, granting permission unless:-

i. the application of policies in the Framework that protect areas or assets of particularimportance; or

Such areas include land designated as Green Belts, an Area of Outstanding Natural Beauty, and Conservation Areas. (This does not apply in this case).

ii. Any adverse impacts of doing so would significantly and demonstrably outweigh thebenefits, when assessed against the policies in the Framework as a whole.

7.3 The Council can currently only demonstrate 3 years of Housing Land Supply and as such, the’ tilted balance’ in paragraph 11 is engaged. This means granting permission for residential development unless the adverse impacts of doing so would significantly and demonstrably outweigh the benefits of doing so, when assessed against the NPPF as a whole, or there is a clear reason for refusing development because of a conflict with policies in the NPPF that protects areas or assets of particular importance.

7.4 In assessing the benefits, the proposals would contribute a replacement residential unit to the housing market and the District’s wider housing supply. The site lies within reasonable walking of Village amenities. This element would be consistent with the social and economic role of sustainable development and this attracts weight.

7.5 Paragraph 127 of the NPPF states that planning policies and decisions should ensure the developments, inter alia: (a) will function well and add to the overall quality of an area, not just for the short term but over the lifetime of the development; (b) are visually attractive as a result of good architecture, layout and appropriate and effective landscaping; (c) are sympathetic to local character and history, including the surrounding built environment and landscape setting, while not preventing or discouraging appropriate innovation or change (such as increased densities); create places that are safe, inclusive and accessible and which promote health and well-being, with a high standard of amenity for existing and future users.

7.6 At paragraph 130, it is stated that permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way in functions.

7.7 Policies CS1 and CS2 advise that new development will be directed towards previously developed land within the built up areas, and limited development (including

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redevelopment) and infilling will take place on previously developed land within the identified larger rural villages and infilling only on previously developed land within the small rural villages of the District. The site lies within the larger rural village of Hookwood and involves redevelopment.

7.8 Policy CS3 of the Core Strategy, ‘Balancing Housing Provision’ states that ‘the Council will particularly seek the provision of two and three bedroom dwellings suitable for occupation for all sectors of the community including newly formed households, young couples and expanding families.’ The proposal is for one, 4-bedroom house which accords with the objective of this policy, which does not seek to preclude units larger than three bedroomed.

Effect on the character and appearance of the area

7.9 Mole Valley Core Strategy policy CS14 advises that all new development must respect and enhance the character of the area in which it is proposed whilst making the best possible use of the land available.

7.10 Mole Valley Local Plan policy ENV22, General Development Control Criteria sets out seven general criteria for sound development control practice. Criterion 1 requires that development should be appropriate to the site in terms of its scale, form and appearance. Criterion 2 requires that the proposal does not significantly harm the amenities of neighbouring occupiers by reason of overlooking or its overshadowing or overpowering effect. Criterion 3 requires that development should respect the character and appearance of the locality.

7.11 Mole Valley Local Plan policy ENV23, Respect for Setting requires that development should take account of the scale, character, bulk and proportions of the surrounding built environment, and that it should not comprise overdevelopment in relation to the size of the plot and/or surrounding developments. Criterion 3 requires that new development has regard to established townscape features, including the space around buildings.

7.12 Mole Valley Local Plan policy ENV24 advises that development will not be permitted where it would result in a cramped appearance having regard to the general spacing around buildings in the locality.

7.13 The properties that surround the site are characterised by detached and semi-detached dwellings of individual character styles, size and set back from the road Building styles vary in scale, period and materials adding to the visual interest of the area with no particular style dominating. While the immediate neighbouring properties are single-storey there are numerous examples within the immediate vicinity of two-storey properties. It is considered that the proposed house would generally be in keeping with the spatial character and appearance of the surrounding residential development. Given that there is no prevailing house style within the vicinity of the site it is considered that the design is appropriate within this location. The proposal would not detract from the setting, form or layout of the locality in general. The proposed development would not involve a sudden contrast in density which would adversely affect the character and appearance of the locality. The overall impression of the proposed development is that it is proportionate to the plot size, with a design that is comparable to the character and scale found in the immediately surrounding area. The design of the dwelling would integrate with its surroundings and would maintain the character and quality of the area in the way it functions. It would, therefore, comply with the NPPF and Development Plan policies.

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Impact on the amenities of residents of adjoining properties

7.14 Local Plan Policy ENV22 (criterion 2) covers neighbouring amenity and states “a design and layout will be required which: does not significantly harm the amenities of the occupiers of neighbouring properties by reason of overlooking or its overshadowing or overpowering effect”. The proposed development would not give rise to any significant harm to surrounding residents in terms of overlooking, loss of light or outlook, nor is it considered that it would have an overpowering effect on neighbour’s amenities. The proposed replacement building would be set 1.2m from the northern boundary and 2.72m from the southern boundary. The roof would be marginally higher 1.58m at ridge to the height of the existing building to be demolished and the width of the building would increase from 9.45m (existing) to 10.45 (proposed). However, it is considered that the increase in mass and bulk would not cause significant adverse impact in terms of overbearing or dominating presence, loss of light, overshadowing at the adjacent properties. The proposed development would not give rise to an unacceptable loss or sunlight or daylight to neighbouring properties. The neighbouring property to the north Maynel is single storey and as such will command only limited views of the roof of the proposed rear addition above the mutual boundary fence. Overall the proposed development would not adversely affect the living conditions of neighbouring residents and therefore is considered compliant with the aims and objectives of Local Plan Policy ENV22.

Sustainable Construction

7.15 The proposal falls within the remit of Policy CS19 – Sustainable Construction of the Mole Valley Core Strategy. The proposed development would therefore need to meet the requirements of this policy. Compliance with the requirement to reduce the carbon emissions of the predicted energy use of the development by at least 10% through the implementation of decentralised and renewable or low carbon energy sources in accordance with policy CS19 can be satisfactorily controlled through the imposition of a suitable planning condition (condition 7).

Highways and Parking

7.16 Local plan policy MOV2 seeks to ensure that development makes adequate provision for off-street parking, servicing, vehicular access and egress and movement within the site. The proposal provides car parking and there is ample space at the front of the property for off-street parking which is compliant with Local Plan Policy MOV2 .

7.17 At paragraph 109 of the NPPF, it is advised that development should only be refused on highway grounds if there is an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe. The Surrey Highway Authority has been consulted on the current proposal and have raised no objection

Community Infrastructure Levy

7.18 Policy CS17 of the Core Strategy states that development should make provision for new infrastructure where necessary. However the Community Infrastructure Levy (CIL) has now been introduced, which places a mandatory charge on new residential and retail developments. The Council will publish an annual infrastructure list detailing the infrastructure projects or types of infrastructure which the Council intends will be or may be, wholly or partly funded by CIL.

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7.19 This development is CIL liable and a CIL contribution of £27, 385.66 would be collected from the development. However, this figure may be subject to an application for exemption.

8 Conclusion

8.1 The proposed new dwelling would be very similar to that of the approved extant consents for a new roof and single storey extension as shown below

Figure 5 approved scheme

8.2 When assessed against the policies in the NPPF taken as a whole, it is considered that the development would simultaneously achieve the social, economic and environmental dimensions necessary to be considered as sustainable development as defined and sought by the NPPF. Noting that the proposal is essentially similar to the extant consents for prior approval and planning permission that allowed for a single storey extension and a new roof respectfully. It also accords with development plan policies. Taking all of these factors into account it is considered that planning permission should be granted.

9 Recommendation

Permission be GRANTED subject to the following conditions

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2. The development hereby permitted shall be carried out and completed in all respectsstrictly in accordance with the submitted documents and plan numbers PL/HH/03N, 04N, 05N contained within the application and no variations shall take place.




4. Any new or altered hard surfacing to be provided to the front of the property shall beconstructed from either porous materials or shall make adequate provision for the direction run-off from the hard surface to a permeable or porous area.

Reason: To prevent the increased risk of flooding, in accordance with Mole Valley Local Plan policy ENV25 and policies CS14 and CS20 of the Mole Valley Core Strategy.

5. Notwithstanding the provisions of the Town and Country (General PermittedDevelopment) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no extensions within Schedule 2, Part 1, Classes A, B, or C to any dwelling hereby permitted shall be erected.

Reason To control any subsequent enlargements in the interests of the visual and residential amenities of the locality, in accordance with Mole Valley Local Plan policy ENV22 and policy CS14 of the Mole Valley Core Strategy [and to restrict the enlargement of dwellings in this rural area in accordance with Mole Valley Local Plan policy RUD7].

6. Notwithstanding the provisions of the Town and Country (General PermittedDevelopment) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no building or enclosure, swimming or other pool, within Schedule 2, Part 1 Class E, shall be carried out on the land the subject of this planning permission.

Reason: To protect the character and amenities of this rural area, in accordance with the advice contained in the National Planning Policy Framework [Mole Valley Local Plan policy [ENV3] [RUD19] and policy CS14 of the Mole Valley Core Strategy.

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7. Prior to any above ground works commencing, details to reduce the carbon emissions ofthe predicted energy use of the development hereby permitted by at least 10% through the on-site installation and implementation of decentralised and renewable or low-carbon energy sources shall be submitted and approved by the Local Planning Authority and be implemented prior to the first occupation of the development.

Reason: To optimise renewable energy and its conservation, in accordance with policy CS19 of the Mole Valley Core Strategy.

8. No development shall take place, including any works of demolition, until a ConstructionMethod Statement has been submitted to, and approved in writing by, the Local Planning Authority. The approved statement shall be adhered to throughout the construction period. The statement shall provide for: i. the parking of vehicles of site operatives and visitorsii. loading and unloading of plant and materialsiii. storage of plant and materials used in constructing the developmentiv. the erection and maintenance of security hoarding including decorative displays andfacilities for public viewing, where appropriate v. wheel washing facilitiesvi. measures to control the emission of dust and dirt during constructionvii. a scheme for recycling/disposing of waste resulting from demolition and constructionworks

Reason: The Local Planning Authority is satisfied that it is fundamental to the development permitted to address this issue before development commences and that without this safeguard planning permission should not be granted, and to protect the amenities of neighbouring residential properties in accordance with Mole Valley Local Plan policy ENV22.

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MO/2020/0341 (Detailed) 27-Feb-2020

Applicant Mr N Patel

Case Officer Sherelle Munnis



Ward(s) Dorking North Within 20m of Dorking South Ward

Proposal Partial demolition and change of use of existing (B1) single-storey rear building and erection of replacement two-storey building for use as residential (C3); change of use of ancillary first and second floors of bank (A2) to residential (C3) with additions to first and second floors, creating 8 No. self-contained residential units.

Site Description 87-99, High Street, Dorking, Surrey, RH4 1AL


Summary

The site is located within Dorking Conservation Area and includes accommodation above Barclays Bank as well as land to the rear of the building. The application seeks permission for the partial demolition and change of use of a single storey B1 office building at the rear of the site and the erection of a replacement two-storey building containing two residential units. In addition, permission is sought for a change of use of the ancillary first and second floors of the bank from A2 use to residential use together with extensions at first and second floor level to create a further 6 residential units. The application is largely a re-submission of an earlier application, reference MO/2017/0439, permitted in June 2017, but excludes works to the front elevation of the Barclays bank building at ground floor level that were approved under the 2017 permission. For clarity - the ground floor of Barclays Bank is not affected by this application. The main issues for consideration are the principle of development; impact


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on the character of the Conservation Area and the setting of St Martins Church and the amenity of neighbours. No policy conflict has been identified in relation to these issues. Given that there have been no significant changes in either national or local planning policy since the previous permission was granted in 2017, permission is therefore recommended.

1. Development Plan

1.1. Built up area Dorking Town Centre Boundary Conservation Area Green Infrastructure in Dorking Town


MO/20/0680 Discharge of conditions 7, 8, 9, 10, 13 and 16 of planning permission reference MO/2017/0439 for the Partial demolition and change of use of existing (B1) single-storey rear building and erection of replacement two-storey building for residential use; change of use of ancillary first and second floors of bank to residential with additions to first and second floors, creating 8 No. units

Under consideration

MO/17/0443 Change of use of ground floor unit, basement and mezzanine from Class A2 to A3

Permitted 15/06/17

MO/17/0439 Partial demolition and change of use of existing (B1) single-storey rear building and erection of replacement two-storey building for residential use; change of use of ancillary first and second floors of bank to residential with additions to first and second floors, creating 8 No. units

Permitted 08/06/17

MO/90/1033 Subdivision of ground floor of existing bank premises to provide separate office use under Class B1 at rear totalling 107sqm

Permitted 12.10.90


3.1. The application site has an area of 491sqm and includes the accommodation above Barclays Bank as well as the land to the rear of the building. The western boundary of the site is bordered by Church Walk which connects the High Street to St Martins churchyard. The northern boundary is defined by a flint wall which faces towards the grounds of St Martins Church. The building immediately east of the site on the High Street frontage is occupied by Mountain Warehouse and has two floors of accommodation above. The buildings behind Mountain Warehouse are in residential use. On the opposite side of Church Walk (to the west of the site), the floorspace above and behind Boots the Opticians is occupied by 6 apartments some of which have windows facing towards Church Walk.

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Figure 1 - Location plan

Figure 2 - View from St Martin’s churchyard towards the rear of the site

N

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3.2. The current application seeks permission for the partial demolition and change of use of the B1 (office) single storey flat roofed element at the rear of the building and the erection of a replacement two storey building containing two residential units. It is also proposed to change the use of the ancillary first and second floors of the bank to residential with extensions to the first and second floors to create a further 6 units.

Figure 3 - Proposed elevation facing High Street - proposal involves raising parapet of white rendered facade by 1200mm to allow for formally proportioned Georgian facade to both storeys

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Figure 4 - Proposed view from St Martin’s churchyard towards north and west elevations

4. Consultations

4.1. SCC Highways – No objections. Conditions recommended

4.2. Historic Environment Officer – No objection. Conditions recommended. I have no objection to this application, which is essentially a resubmission of a scheme which was approved in 2017 (MO/2017/0439). The 2017 scheme followed many months of discussion and negotiation with the HEO at that time, resulting in a development that was felt to respect the setting of the nearby Grade II* church, its yard and the character of this part of the conservation area. There have been no planning policy or guidance changes since then which would alter the conclusion that this well considered development will preserve the character of the conservation area and not harm the setting of nearby heritage assets. I suggest the same conditions that were applied in 2017, save for the wording of the condition concerning demolition, which should be as we discussed (by email) on the 9/4/2020 i.e. to account for the COVID-19 related constraints on undertaking site surveys at this time.

4.3. Head of Environmental Health – Given the proximity of the air-conditioning plant at the rear of Barclays to the proposed residential units, it would be advisable to attach the same noise condition used in the 2017 permission.

In terms of contamination, we would not consider there to be a reasonable possibility of a significant risk from contamination from the previous history thus we would have no recommendations to make on this.

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4.4. Surrey Wildlife Trust – (letter dated 23/04/2020) No objection. Advice given in the event that bats are found during works. It is assumed there have been no changes to the building since the previous permission was granted in 2017, which would affect their suitability to host Bat roosts. In the event that Bats, or evidence of, are found on site during works, all work must cease and the applicant must contact Natural England with regards to obtaining a licence to undertake the works.

4.5. Waste and Recycling Officer – No comment

4.6. Thames Water – (letter dated 02/03/2020) The site is located within 15m of a strategic sewer therefore a condition is recommended to ensure that no piling takes place until a piling method statement is submitted to the LPA for approval in consultation with Thames Water. The developer should demonstrate measures to be undertaken to minimise discharges to the public sewer. Any such discharges would require a permit from Thames Water. An informative is recommended. No objection with regard to surface water drainage, waste water network and sewage treatment works infrastructure capacity.

4.7. Sustainability Adviser – comments on MO/2017/0439 where the same renewable technology was proposed: Air Source Heat Pumps are proposed and would be a suitable renewable technology for this location. Condition recommended.

4.8. Mole Valley Access Group – query whether flats would be accessible; whether lift is proposed and whether the layout includes fire refuges or if all flats would have access to an open space or flat roof. Officer comment – The layout matches that previously approved under the 2017 permission. Due to level differences and the development being largely a conversion not amounting to more than 3 storeys above ground a lift is not proposed. All apartments are lobbied from the staircase but will not require wheelchair refuges as there is no accessible access provided. There is also a level difference between the street and the entrance to the town houses. The accommodation does not lend itself to the needs or environment for a wheelchair user being formatted as split level town houses. There is scope for a ramp to be located in the entrance foyer to make the ground floor of the houses accessible, however with such restricted accommodation this wouldn’t be recommended and viewed as more of an interim solution should it ever be required.

4.9. SCC Archaeology - In terms of its impact on any Heritage Assets of archaeological significance that may be present, the proposed development is substantially the same as application MO/2016/0941 and 2017/0439 and as such my comments on those applications remain entirely relevant here, namely: The application site is within an Area of High Archaeological Potential designated around the historic settlement of Dorking and it is possible that it contains Heritage Assets with archaeological significance about which we are currently unaware. As such, I am pleased to note that the applicant has taken on board the archaeological implications of the development and have submitted a Heritage Desk Based Assessment and Historic Building Assessment with their application. The report meets with the required professional standards and I am in agreement with the recommendation that it contains for a programme of archaeological monitoring, to be conducted during the associated groundworks. Such a programme will ensure that any Heritage Assets with archaeological significance that may be revealed during the ground works will be excavated and recorded before they are destroyed.

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The scope and methodology for the programme of monitoring will need to be specified in a Written Scheme of Investigation (WSI) that should be submitted to and approved by the planning authority. The WSI should contain a robust analysis of the potential impact of the development on any Heritage Assets of archaeological significance that may be present in order to better inform the extent of the required monitoring programme. In this instance, the archaeological work cannot be carried out in advance of planning permission, however, I recommend that should planning permission be granted, the programme of work should be secured through the standard condition requiring a scheme of archaeological work. To ensure the required archaeological work is secured satisfactorily, the following condition is appropriate and should be attached to any planning permission: “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 has been submitted by the applicant and approved by the Planning Authority.”

5. Representations

5.1. 1 representation received commenting as follows:

Comment Officer response

Support the provision of additional housing units in this location. This would ease pressure on releasing Green Belt land

Noted

Complicated building massing which is affected by the amenity spaces for the new residential units. The building should be simple in nature to avoid detracting from St Martin’s Church

This application is a resubmission of a scheme approved in 2017 for the same design/amount of built form to the rear of Barclays Bank. The design of the residential units came about following lengthy discussions with officers to address a range of concerns arising from an earlier proposal (in 2016). Officers are satisfied that the design has been carefully considered and that the building would sit comfortably in its surroundings – including its relationship with the nearby St Martins church.

The south elevation (facing the High Street) is well designed and would relate well to its surroundings

Noted

A more conservative material palette would be more appropriate. Retention of the flint wall is welcomed

The material palette is considered to be in keeping with the character of the surrounding area and includes: ashlar stone for the main entrance off St Martins Walk. Ashlar is the stone used on the Barclays Bank building and on St Martins Church; Local stock brickwork for the majority of the new construction; slate roof

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across all new sections of roof, and dark timber weatherboarding to be used as louvres on two window openings facing towards St Martins Walk. Weatherboarding has been used on an adjacent dwelling at the rear of the site. The knapped flint boundary wall will be retained.

A car free development is appropriate for this area, therefore supports the proposed provision of cycle parking

Noted


6.1. Government Guidance NPPF: Section 2 – Achieving Sustainable Development Section 4 – Decision Making Section 5 – Delivering a Sufficient Supply of Homes Section 7 – Ensuring the Vitality of Town Centres Section 8 – Promoting Healthy and Safe Communities Section 9 – Promoting Sustainable Transport Section 11 – Making Effective use of Land Section 12 – Achieving Well Designed Places Section 14 – Meeting the Challenge of Climate Change, Flooding and Coastal Change Section 15 – Conserving and Enhancing the Natural Environment Section 16 – Conserving and Enhancing the Historic Environment

6.2. Mole Valley Core Strategy CS1 – Where Development will be Directed CS2 – Housing Provision and Location CS3 – Balancing Housing Provision CS6 – Dorking Town Centre CS14 – Townscape, Urban Design and the Historic Environment CS15 – Biodiversity and Geological Conservation CS19 – Sustainable Construction, Renewable Energy and Energy Conservation CS20 – Flood Risk Management

6.3. Mole Valley Local Plan ENV15 – Species Protection ENV22 – General Development Control Criteria EN23 – Respect for Setting ENV24 – Density of Development and Space About Buildings ENV39 – Development in Conservation Areas ENV49 – Areas of High Archaeological Potential MOV15 – Provision for Cyclists in Development Proposals

6.4. Other Documents Dorking Town Area Action Plan (2012) policies DT1 ‘Presumption in Favour of Sustainable Development’, DT2 ‘Dorking Town Centre Boundary’ and DT13 ‘Green Infrastructure in Dorking’

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Built up Areas Character Appraisal for Dorking, North Holmwood and Pixham Dorking Conservation Area Appraisal and Management Plan


The main planning issues for consideration are: * the principle of development * impact on the character of the area including the Conservation Area and the setting of St Martin’s Church * Impact on neighbouring amenity * Impact on protected species * Parking and highway matters * Refuse storage * Renewables * CIL Principle of development

7.1. Paragraph 85 of the NPPF advises that planning policies and decisions should support the role that town centres play at the heart of local communities, by taking a positive approach to their growth, management and adaptation. Planning policies should, inter alia, recognise that residential development often plays an important role in ensuring the vitality of centres and encourage residential development on appropriate sites.

7.2. Paragraph 117 of the NPPF advises that planning decisions should promote an effective use of land in meeting the need for homes and other uses, while safeguarding and improving the environment and ensuring safe and healthly living conditions. Paragraph 118, states that planning decisions should support opportunities to use the air space above existing residential and commercial premises for new homes. In particular, they should allow upward extensions where the development would be consistent with the prevailing height and form of neighbouring properties and the overall street scene is well-designed and can maintain safe access and egress for occupiers.

7.3. The Council can currently only demonstrate 3 years of Housing Land Supply and as such, the policies in the Development Plan relating to housing land supply are to be regarded as out of date. As such, there is a presumption in favour of sustainable development and the’ tilted balance’ in paragraph 11 of the NPPF is normally engaged.

7.4. The tilted balance states where policies are out of date, permission should be granted unless (i) the application of policies in the Framework that protect areas or assets of particular importance provides a clear reason for refusing the development; or (ii) any adverse impact of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole. Given that the site lies within the Dorking Conservation Area, the tilted balance is not applicable.

7.5. Core Strategy policy CS1 seeks to ensure that new development is directed towards previously developed land within the built up areas. Policy CS2 relates specifically to the provision and location of new housing and similarly states that new residential development should be located within the District’s main built up areas. Policy CS3 is concerned with the size of new residential units and particularly encourages the provision of two and three bedroom dwellings suitable for occupation by newly formed households, young couples and expanding families.

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7.6. Policy CS6 ‘Dorking Town Centre’ seeks to consolidate and enhance the role of Dorking town centre by making it more attractive for shopping, business, leisure, cultural and recreational activities. At the heart of this policy is the need to sustain the town’s vitality and viability. The supporting text to this policy sets ways in which the vision for Dorking can be delivered. These include encouraging the provision of residential accommodation above shops and in new developments and resisting the loss of town centre dwellings.

7.7. Policy DT2 of the Dorking Town Area Action Plan relates to the town centre boundary and states that development that would support the vision and strategy for Dorking town centre in accordance with policy CS6 of the Core Strategy, will be directed to sites within the town centre boundary.

7.8. This is a highly sustainable town centre site within a short walk of Dorking’s shops and other facilities and within easy access of a range of bus and rail services. The proposed residential use would comply with paragraphs 85, 117 and 118 of the NPPF by contributing to the vitality of the town centre; benefitting from an accessible location, and making the more efficient use of the land. The application would provide additional residential units within Dorking town centre and would complement the existing residential uses above and behind neighbouring shops. In that respect the proposed development is compliant with policies CS1, CS2 and CS6 of the Core Strategy and policy DT2 of the Dorking Town Area Action Plan.

7.9. The new residential units would be made up of 3 x 1 bedroom flats, 3 x 2 bedroom units (made up of 1 no. 2 bedroom flat and 2 no. 2 bedroom houses) and 2 x 3 bedroom flats. Given that the majority of the new residential units would be 2 and 3 bedrooms, the proposal complies with Core Strategy policy CS3.

7.10. The existing office at the rear of the site was vacant between 2008 and 2013 and since then has been used as ancillary offices premises by White & Sons. The principle of changing the use of the existing office space to residential was accepted under the 2017 application and continues to be acceptable. The fact that the previous permission (granted in 2017) is still capable of being implemented, is a strong material consideration. The effect of the proposed development on the Conservation Area and the setting of the adjacent listed St Martins Church is discussed below

Character of the Area including the Conservation Area and the setting of St Martins Church

7.11. Paragraph 127 of the NPPF states that planning policies and decisions should ensure the developments, inter alia: (a) will function well and add to the overall quality of an area, not just for the short term but over the lifetime of the development; (b) are visually attractive as a result of good architecture, layout and appropriate and effective landscaping; (c) are sympathetic to local character and history, including the surrounding built environment and landscape setting, while not preventing or discouraging appropriate innovation or change (such as increased densities); create places that are safe, inclusive and accessible and which promote health and well-being, with a high standard of amenity for existing and future users.

7.12. At paragraph 130, it is stated that permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions.

7.13. Section 16 of the NPPF seeks to conserve and enhance the historic environment. Paragraph 189 states that in determining applications, local planning authorities should require an applicant to describe the significance of any heritage assets affected,

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including any contribution made by their setting. Paragraph 193 states that when considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset's conservation (and the more important the asset, the greater the weight should be). This is irrespective of whether any potential harm amounts to substantial harm, total loss or less than substantial harm to its significance. Paragraph 196 states that where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal including, where appropriate, securing the optimal viable use.

7.14. The proposal would see the retention of the flint wall on the boundary of the site and the new development would sit comfortably behind it. Although taller than the existing building to the rear of Barclays, the massing of the new building and the extensions on the upper levels of the frontage element would gradually step down towards the churchyard. It has been carefully considered to ensure it relates positively to the buildings either side. In design terms, the proposed development is considered to cause ‘less than substantial harm to the character of the Conservation Area and to the setting of St Martins Church.’ This harm needs to be weighed against the public benefits of the proposal which are that it would make good use of under-utilised previously developed land in a highly sustainable location and provide a net gain of 8 no. dwellings, and a mix of such units, for which there is a strong unmet need in the District.

7.15. Core Strategy policy CS14 seeks to ensure that new development respects and enhances the character of the area in which it is proposed whilst making the best possible use of the land.

7.16. Local Plan policies ENV22, ENV23 and ENV24 set out the general development control criteria against which applications are assessed and require the scale, bulk and proportions of new development to be sympathetic to their surroundings.

7.17. The application site falls within the High Street, South Street and West Street Character Area as defined in the Dorking Built Up Areas Character Appraisal. Some of the characteristics of this area include: * Strong linear frontages with a consistent building line and clear hierarchy of grandand more modest buildings * Sequence of alleys and footpaths radiating from the main shopping streets* Strong sense of enclosure with buildings fronting the street and varied street viewsincluding glimpses of St Martins spire

7.18. The northern boundary of the site marks the transition with the Church Street Character Area. In this area, St Martins churchyard is described as being a ‘quiet, enclosed space dominated by the Grade II listed church’. There is a tendency in this part of the town for buildings to gradually step down in height and massing from the High Street towards the land to the rear. This is evident on the existing site and on land to the west and east of the application site and is a basic principle that any redevelopment proposal on this site should reflect.

7.19. The character of the area surrounding St Martins church is referred to in Section 6 of the Dorking Conservation Area Appraisal and Management Plan. When commenting on the buildings around the churchyard the Appraisal states: ‘Development enclosing the churchyard varies between two and four storeys. There is good enclosure with buildings to the west. The rear of the High Street to the south and St Martins Walk to the east, which is almost completely obscured by mature trees, are not as successful in addressing the churchyard space.’

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7.20. Policy DT13 of the Dorking Town Area Action Plan seeks to safeguard areas of green infrastructure within Dorking town. St Martins’ churchyard is designated as being part of Dorking’s green infrastructure. The policy requires that development adjoining these areas should not harm the site or its key role and characteristics.

7.21. At the time of submission of the scheme in 2017 (MO/2017/0439), the Council’s Historic Environment Officer made the following comments on the proposal: This is a very significant application for alterations to a highly prominent building within the Dorking Conservation Area heritage asset. The work will also have an impact on the setting of the adjacent Grade II* listed parish church of St. Martin. Legislation, policies and guidance says that the setting of these heritage assets should be a major consideration in the determination of development proposals. The NPPF says that harm to the heritage assets is unacceptable unless there are overriding public benefits to be gained. I believe that the principle of adding residential development to the rear of the current bank premises is appropriate in this case. The final design is ‘low key’ and respectful of the surroundings. It will be modern, but not aggressively so. It will not try to shout its presence amongst the other buildings visible for the churchyard. There is a precedent in English urban churchyards for them to be surrounded, and even overlooked by residential development. Many town and village churchyards have cottages or houses facing directly onto or overlooking them. The proposed residential development here follows that tradition. Also, the existing rear facing elevations of the bank premises are not attractive and so there is a good opportunity for enhancement, if quality materials and detailing are achieved. The proposed alterations to the side and front elevation of the bank, which are of more architectural interest, have also been carefully considered and so respect and retain the architectural interest. We have been in pre-app negotiation with the applicants over the submitted scheme for many months. Consequently, the form and design detail has evolved in line with our suggestions. I will not describe the scheme in detail here; suffice to say that I am now happy with the proposal, subject to the use of specific conditions to ensure that the quality of materials and detailing is the best that can be achieved for the sensitive site. The standard of the application, and the amount of research and thought that has gone into the accompanying reports and graphics, gives me confidence that the result will be a good scheme that enhances this part of the Dorking Conservation Area. I am certainly convinced that the scheme will not be ‘harmful’ to the setting of the heritage assets and so in my opinion it satisfies the requirements of legislation, policies’ guidance and the NPPF.

7.22. The current Historic Environment Officer has considered the relationship of the proposed building to the character of the Conservation Area and the setting of the listed St Martins Church and comments as follows: ‘I have no objection to this application, which is essentially a resubmission of a scheme which was approved in 2017 (MO/2017/0439). The 2017 scheme followed many months of discussion and negotiation with the HEO at that time, resulting in a development that was felt to respect the setting of the nearby Grade II* church, its yard and the character of this part of the conservation area. There have been no planning policy or guidance changes since then which would alter the conclusion that this well considered development will preserve the character of the conservation area and not harm the setting of nearby heritage assets. I suggest the same conditions that were applied in 2017, save for the wording of the condition concerning demolition, which should be as we discussed (by email) on

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the 9/4/2020 i.e. to account for the COVID-19 related constraints on undertaking site surveys at this time’

7.23. The proposed development steps down in height and massing towards the rear of the site and would respect the scale and massing of surrounding buildings. The building is also designed to incrementally step away from Church Walk to enable views of the church to gradually open up. The proposal respects the significance of the historic flint wall around the northern boundary and uses appropriate construction materials including slate, ashlar stone and local stock brickwork, all of which would be in keeping with the surrounding area.

7.24. The first floor of the units at the rear of the site are set back behind the flint wall and the roof form slopes away from the rear boundary in a similar manner to the converted barn to the east of the site. The massing of this element of the building is considered to be appropriate and would create a greater sense of enclosure to the churchyard whilst preserving the setting of the heritage assets. The roofscape of the building towards the rear of the site has been carefully designed to screen the modest areas of terracing.

7.25. It is intended to alter the upper floor of 99 High Street by raising the parapet by 1200mm and introducing an additional row of windows above the existing windows at first floor level. The scale and design of this element of the proposal is considered to be acceptable in terms of its relationship to the existing building and the character of the Conservation Area.

7.26. Overall, when assessed against the advice in the NPPF, it is considered that the proposal would result in less than substantial harm to the Conservation Area and the setting of the Grade II* listed St Martins Church. This level of harm is, however, outweighed by the public benefit associated with the more efficient use of under-utilised previously developed land in a highly sustainable town centre location and a net gain of 8 no. dwellings of varying size including 2 & 3 bedroom units, for which there is a strong unmet need in the District. In addition, it is considered that the scale, form and massing of the proposed development is acceptable in the site context and compliant with the advice set out in the NPPF and with Core Strategy policy CS14, Local Plan policies ENV22, ENV23 and ENV24 and policy DT13 of the Dorking Town Area Action Plan.

Neighbouring Amenity

7.27. Local Plan policy ENV22 seeks to ensure that development does not significantly harm the amenities of neighbours by reason of overlooking, overshadowing or overpowering effect, noise or other adverse environmental impact.

7.28. The nearest neighbours to the proposed development are those in the apartments at No’s 81-83 High Street above and to the rear of Boots the Opticians, as well as No. 107 High Street at the rear of the site.

7.29. The applicants have undertaken a detailed study of the relative position of window openings between the new residential units and those to the flat to the rear of the opticians on the opposite side of Church Walk. This included an assessment of the use of the rooms that each window serves. This assessment is set out in the Design and Access Statement. In cases where it was considered there may be some scope for intervisibility between facing windows, the design incorporates sections of obscure glazing and/or timber louvres on the windows to prevent direct views and to protect the privacy of the existing and future occupants. It is considered that these measures would avoid any privacy and or intervisibility issues arising between the respective

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residential units. A condition is recommended to secure the installation of obscure glass and louvres where indicated on the submitted drawings.

7.30. No. 107 High Street is a modest ‘cottage’ located immediately east of the site facing towards the churchyard. It has a window on its gable end facing towards the application site. The plans show a small u-shaped roof terrace above the nearest proposed residential unit. The applicants have confirmed that this terrace would be screened from No. 107. Providing a suitable screen is erected on the eastern side of the terrace, it is considered that its relationship to No. 107 would be acceptable in amenity terms. A suitable condition to secure details of the screen is recommended.

7.31. The premises/properties on the opposite (southern) side of the High Street are sufficiently distant from the proposed residential units to avoid experiencing any significant harm to the amenity by way of overlooking.

7.32. In recognition of the proximity of the new residential units to the existing air conditioning units to the rear of Barclays Bank, the Head of Environmental Health recommends the submission of a noise report to secure details of noise levels from these and any other equipment to be installed on the site in order to avoid any noise disturbance to the occupiers of the new development. A suitable condition is set out below.

7.33. In summary, it is considered that the proposed development would not give rise to any significant harm to the amenity of the occupants of neighbouring properties and is therefore compliant with policy ENV22 of the Local Plan.

Protected Species

7.34. The bat report submitted in support of the application has been considered by Surrey Wildlife Trust who have commented as follows:

It is assumed there have been no changes to the building since the previous permission was granted in 2017, which would affect the suitability of the building to host Bat roosts. In the event that Bats, or evidence of, are found on site during works, all work must cease and the applicant must contact Natural England with regards to obtaining a licence to undertake the works.

7.35. Surrey Wildlife Trust also made comment on achieving biodiversity net gains on the site and referenced new or replacement planting and the installation of bird and bat boxes. However, this is a compact site in the town centre which does not currently contain any soft landscaping and has no scope to do so. Given its central location in the town, officers do not consider this to be a site where it is reasonable, from a planning perspective, to require biodiversity net gains. An informative is recommended drawing the applicant’s attention to the advice from Surrey Wildlife Trust in their letter dated 23/04/2020.

7.36. On the basis of the above, it is considered that the proposed development would not give rise to any harm to protected species. In this regard the proposal is considered to be compliant with policy ENV15 of the Local Plan and policy CS15 of the Core Strategy..

Parking and Highways

7.37. The site is located in the town centre and has no vehicular access. It is highly sustainable in terms of its proximity to the town’s shops, services and transport links. The development includes provision of 10 no. secure cycle spaces which accords with

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County Council cycle parking standards. Given the land-locked nature of the site and its sustainable location, it is considered that cycle parking provision is reasonable and acceptable in this case. The response from the County Highway Authority recommends a condition to secure the provision of the cycle storage area (already shown on the submitted plans). However, unlike their comments in relation to the 2017 application, they are not recommending a condition seeking details of a Construction Transport Method Statement CTMP. Given the location of the site on Dorking High Street and its relationship to St Martin’s Church at the northern end, officers still consider it appropriate to attach this condition and so it is set out in the recommendation below. Refuse

7.38. The application shows a bin store located adjacent to the main entrance to the building, off Church Walk at a distance of 20m from the High Street. Given the layout of the site it is not physically possible to position the store any nearer the High Street. Residents of the proposed new properties would need to present their bins for collection at the southern end of Church Walk on bin collection day. This was also the arrangement that was approved under the 2017 application.

7.39. Mole Valley Joint Waste Solutions were consulted on this application and have confirmed they have no comment to make. An informative is recommended to encourage the future residents to return their bins to the bin storage area by the end of the bin collection day. Archaeology

7.40. The site is located in an area of high archaeological potential. Saved Local Plan policy ENV49 requires the submission of an archaeological report as part of a planning application for developments within Areas of High Archaeological Potential.

7.41. The County Archaeology Department has considered the applicants’ archaeological assessment and has not raised any objections. A condition is recommended requiring the submission of a Written Scheme of Investigation to ensure that any heritage assets of archaeological significance that may be revealed during ground works are excavated and recorded. Renewables

7.42. Core Strategy policy CS19 is concerned with renewable energy and seeks to ensure that the total carbon emissions of any new development are reduced by a minimum of 10% as a result of the installation of renewable or low-carbon energy sources. A common means of responding to this policy is for developers to include solar panels within their scheme. However given the sensitive location of the site within the Conservation Area and adjacent to the listed St Martins Church, technology of that nature could, depending upon its location, be visually intrusive and have the potential to cause harm to the setting of the heritage assets.

7.43. With this in mind the applicants are proposing the installation of air source heat pumps on an area of roof that would be screened on all sides by a parapet. As such, the equipment would be set down within the roof and would have no implications for the visual appearance of the development or the setting of the wider area. The Council’s Sustainability Advisor has commented that the technology is acceptable and recommends the standard planning condition to seek further details. A condition is also recommended to secure details of noise from the units.

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CIL

7.44. Policy CS17 of the Core Strategy states that development should make provision for new infrastructure where necessary. However the Community Infrastructure Levy (CIL) has now been introduced, which places a mandatory charge on new residential and retail developments. The Council will publish an annual infrastructure list detailing the infrastructure projects or types of infrastructure which the Council intends will be or may be, wholly or partly funded by CIL.

7.45. This development is CIL liable and a CIL contribution of £49,968.62 would be collected from the development. However, this figure may be subject to an application for exemption. Conclusion

7.46. The principle of a residential development on this town centre site has already been established by the 2017 permission. There has been no significant shift in planning policy at either national or local level since that time to justify an alternative view being taken. The 2017 permission is still capable of being implemented and this is a strong material consideration. There is a need for consistency in decision-making. Consistency has been considered by the Courts as outlined below: Mann LJ in North Wiltshire District Council v Secretary of State for the Environment (1993) 65 P & CR 137: ‘One important reason why previous decisions are capable of being material is that like cases should be decided in a like manner so that there is consistency […]. Consistency is self-evidently important to both developers and development control authorities. But it is also important for the purpose of securing public confidence in the operation of the development control system.’ It would be inconsistent to now refuse the scheme as there has been no material change in planning policy in the intervening period since the 2017 scheme was approved. The proposal would provide 8 additional residential units in a sustainable town centre location and would make more efficient use of the land. The proposed development has been carefully designed to take account of the site’s sensitive location in the Conservation Area and near the listed St Martins Church. It is considered that the scale, height, massing and design of the proposed development would result in less than substantial harm to these heritage assets and that the harm would be outweighed by the public benefits associated with the scheme as set out above. In addition, the proposed development has been designed to take account of the relationship to the surrounding buildings and would avoid causing significant material harm to the amenity of the occupants of those neighbouring properties. There are no concerns regarding impact on protected species. Permission is therefore recommended.

8. Recommendation Permission be GRANTED subject to the following conditions:

1. The development hereby permitted shall be begun before the expiration of three years

from the date of this permission.

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2. The development hereby permitted shall be carried out and completed in all respectsstrictly in accordance with the submitted documents and plan number(s) 16-078-YZ(P)-001 RevA 'Location Plan', 16-078-AZ(P)-002 'Block Plan', 20013-BAR-XX-))-DR-A-1000 'Ground and Mezzanine Floor Plans - Demolition, 20013-BAR-XX-))-DR-A-2000 'First and Second Floor Plans - Demolition, 16-078-AG(P)-G01 RevD 'Proposed Ground Floor Plan', 16-0780AG(P)-101 RevB 'Proposed First Floor Plan', 16-078-AG(P)-201 RevB 'Proposed Second Floor Plan', 16-078-AG(P)-301 RevB 'Proposed Third Floor Plan', 16-078-AG(P) -R01 RevC 'Proposed Roof Plan', 16-078-AX(P)-001 RevC 'Proposed Sections', 16-078-AE(P)-001 RevC 'Proposed North and East Elevations' and 16-78-AE(P)-002 RevD 'Proposed South and West Elevations contained within the application and no variations shall take place.




4. Prior to any above ground works commencing, details of all external joinery shall besubmitted to and approved in writing by the Local Planning Authority including materials, method of opening and large scale drawings showing sections through mullions, transoms and glazing bars. Windows and door openings should have a reveal to be agreed. The development shall thereafter be implemented in accordance with the approved details.

Reason To ensure that the development is in keeping with the character of the locality in accordance with Mole Valley Local Plan policy ENV22 and policy CS14 of the Mole Valley Core Strategy.

5. Before any above ground works commence, details of the guttering and rainwater goodsshall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be implemented in accordance with the approved details.

Reason: To preserve the visual amenity of the area in accordance with Mole Valley Local Plan policy ENV22 and policy CS14 of the Mole Valley Core Strategy.

6. Before any above ground works commence, full details of all proposed extract flues,ventilation systems and meter boxes shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be implemented in accordance with the approved details.

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Reason To preserve the visual amenity of the area in accordance with Mole Valley Local Plan policy ENV22 and policy CS14 of the Mole Valley Core Strategy.

7. Before any above ground works commence, a trial panel of brickwork shall becompleted for inspection and agreement in writing by a representative of the Local Planning Authority. The trial panel shall include proposed brick bond, mortar mix and pointing detail. Thereafter, the development shall be completed in accordance with the approved details.


8. No development shall take place until the applicant, or their agents or successors in title,has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved, in writing, by the Local Planning Authority.

Reason: The Local Planning Authority is satisfied that it is fundamental to the development permitted to address this issue before development commences and that without this safeguard planning permission should not be granted, and the site covers a large surface area in which it is considered necessary to preserve as a record any archaeological information before it is destroyed by the development in accordance with Mole Valley Local Plan policy ENV50 and policy CS14 of the Mole Valley Core Strategy.

9. No development shall take place, including any works of demolition, until a ConstructionTransport Management Plan to include details of: a) the parking of vehicles of site personnel, operatives and visitorsb) loading and unloading of plant and materialsc) storage of plant and materialsd) programme of works including measures for traffic managemente) HGV deliveries and hours of operationhas been submitted to and approved in writing by the Local Planning Authority. Only the approved details shall be implemented during the construction of the development.

Reason: In the interests of neighbour amenity and to satisfy policy ENV22 of the Mole Valley Local Plan.

10. The development hereby approved shall not be first occuped unless and until thefollowing facilities have been provided in accordance with the plans approved by the Local Planning Authroity for the secure parking of bicycles within the development site. Thereafter the said approved facilities shall be provided, retained and maintained to the satisfaction of the Local Planning Authority.

Reason: The above condition is required in recognition of Section 9 'Promoting Sustainable Transport' in the National Planning Policy Framework 2019 and to satisfy Tranport and Development policy MOV2 of the Mole Valley Local Plan 2000.

11. Prior to commencement of development, details to reduce the carbon emissions of thepredicted energy use of the development hereby permitted by at least 10% through the on-site installation and implementation of decentralised and renewable or low-carbon energy sources shall be submitted and approved by the Local Planning Authority and be implemented prior to the first occupation of the dwelling(s).

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Reason: The Local Planning Authority is satisfied that it is fundamental to the development permitted to address this issue before development commences and that without this safeguard planning permission should not be granted, and to optimise renewable energy and its conservation, in accordance with policy CS19 of the Mole Valley Core Strategy.

12. Prior to commencement of the development hereby granted, a scheme of works basedinitially on typical background noise levels in Dorking town centre (due to the current COVID-19 restrictions) shall be drawn up to protect the residential dwellings from noise arising from the adjoining commercial use as well as the operation of the proposed air source heat pumps and other environmental noise sources. The scheme shall have regard to the requirements of BS8233:2014 and shall include details of the specification of the air source heat pumps to be installed as renewable technology, as well as provision of appropriate alternative ventilation where appropriate. The scheme shall be submitted to and approved in writing by the local planning authority. This would enable a partial discharge of this condition. Following the relaxation of the COVID-19 restrictions on the movement of people, a scheme of works in line with the above, based on a detailed noise survey at the site, shall be submitted to and approved in writing by the local planning authority. The scheme as approved by the local planning authority shall be fully installed before the development is occupied.

Reason: To protect the amenity of the local area and ensure a satisfactory environment for occupiers of the new development in accordance with Mole Valley Local Plan policy ENV22 and policy CS14 of the Mole Valley Core Strategy.

13. No piling shall take place until a Piling Method Statement detailing the depth and type ofpiling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to subsurface sewerage infrastructure, and the programme for the works) has been submitted to and approved in writing by the Local Planning Authority in consultation with Thames Water. Any piling must be undertaken in accordance with the terms of the approved Piling Method Statement.

Reason: To protect the underground sewerage utility infrastructure and prevent pollution to groundwater and to satisfy policy ENV67 of the Mole Valley Local Plan.

14. Prior to the commencement of above ground works, large scale detailed drawings (at ascale to be agreed) showing the alterations to the front and side elevations of the retained bank buildings shall be submitted to and agreed in writing by the local planning authority and thereafter the work shall be undertaken strictly in accordance with the approved drawings.

Reason: To ensure the development is in keeping with the character of the locality in accordance with Mole Valley Local Plan policy ENV22 and policy CS14 of the Core Strategy.

15. Prior to the commencement of the works a scheme for the recording of existingarchitectural and historic features affected by the works shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall thereafter be implemented as approved.

Reason: The Local Planning Authority is satisfied that it is fundamental to the development permitted to address this issue before development commences and that without this safeguard planning permission should not be granted, and to record the

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architectural and historic fabric of the building in accordance with the advice of the National Planning Policy Framework.

16. Prior to the occupation of the development hereby approved, details of the size, designand position of any signage and external lighting relating to the residential development shall be submitted to and approved in writing by the local planning authority. Thereafter the work shall be carried out in strictly in accordance with the approved details.


17. Prior to the commencement of any above ground works, details of the design and heightof a screen on the eastern side of the roof terrace nearest No. 107 High Street shall be submitted to and approved in writing by the local planning authority. Thereafter the screen shall be erected and retained in accordance with the approved details.

Reason: To protect the amenity and privacy of adjoining residential properties in accordance with policy ENV22 of the Mole Valley Local Plan.

18. Prior to the commencement of development including demolition works, a methodstatement based on a desk-based assessment (due to the current COVID-19 restrictions) of how the works will be undertaken without causing significant material harm to the historic integrity of the flint wall that wraps around the rear boundary of the site, shall be submitted to and approved in writing by the Local Planning Authority. This would enable a partial discharge of this condition. Thereafter, following the relaxation of the COVID-19 restrictions on the movement of people, a detailed method statement of the above works, based on site surveys, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the works shall be carrried out in accordance with the final approved details.


19. Prior to first occupation, the windows in the west elevation (facing Church Walk) of thedevelopment hereby permitted shall be glazed in obscured glass in line with the details shown on the approved west elevation drawing 16-078-AE(P)-002 RevD and permanently retained in that condition thereafter.

Reason To protect the amenities and privacy of adjoining residential properties in accordance with Mole Valley Local Plan policy ENV22.

Informatives

1. The applicant's attention is drawn to the advice set out in the letter from Surrey WildlifeTrust dated 23 April 2020.

2. The applicants are reminded that the occupants of the new residential units will berequired to present their bins to Church Walk on bin collection day and to return them to their dedicated bin store following collection.

3. Notwithstanding any permission granted under the Planning Acts, no signs, devices orother apparatus may be erected within the limits of the highway without the express approval of the Highway Authority. It is not the policy of the Highway Authority to approve the erection of signs or other devices of a non-statutory nature within the limits of the highway.

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4. The permission hereby granted shall not be construed as authority to obstruct the publichighway by the erection of scaffolding, hoarding or any other device or apparatus for which a licence must be sought from the Highway Authority Local Highways Service.

5. The developer is reminded that it is an offence to allow materials to be carried from thesite and deposited on or damage the highway from uncleaned wheels or badly loaded vehicles. The Highway Authority will seek, wherever possible, to recover any expenses incurred in clearing, cleaning or repairing highway surfaces and prosecutes persistent offenders. (Highways Act 1980 Sections 131, 148, 149).

6. Section 59 of the Highways Act permits the Highway Authority to charge developers fordamage caused by excessive weight and movements of vehicles to and from a site. The Highway Authority will pass on the cost of any excess repairs compared to normal maintenance costs to the applicant/organisation responsible for the damage.

7. The applicants are encouraged to ensure that Church Walk remains open and safe forpedestrians during construction.

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MO/2020/0362 (Detailed) 24-Feb-2020

Applicant Mrs J Smith, Lowfield Heath Windmill Trust

Case Officer Donna Penson



Ward(s) Charlwood

Proposal To hold marquee weddings/events on the field adjacent to the windmill, in conjunction with the roundhouse of the windmill building, 6 per year between May - September for 80 guests. Including the erection of shed along with associated car parking, lighting and portaloos in the field.

Site Description Lowfield Heath Mill, Russ Hill, Charlwood, Horley, Surrey, RH6 0EN


Summary

The site is located within the Green Belt west of Charlwood Village. The site comprises a Grade II listed mill which has been restored back to working order by the Lowfield Heath Windmill Trust.

This application seeks a provision for the future of the mill in terms of its running and general maintenance. Although the Trust organises open days from which contributions are fully appreciated, the income is not nearly enough to run the mill. Without a main source of income, the mill would fall into disrepair.

Permission is sought to use the roundhouse and adjacent field to hold marquee weddings/events, 6 per year between May- September for 80 guests and to construct a shed for storage, with associated car parking, portaloos and lighting in the field.


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The storage shed would be the only permanent structure all other associated paraphernalia namely but not limited to: parking mesh, lighting, marquees and portaloo would be constructed the day before the event and removed the following day after each event.

1. Development Plan

1.1. Metropolitan Green Belt

1.2. Listed Building

1.3. Tree Preservation Order

1.4. Within 200m of SSSI


MO/86/0928 Re-erection of Post-Windmill 24sqm Approved. 22.10.1986

MO/97/0887 Restoration of Windmill involving construction of second set of sails, installation of internal machinery, grain bins, mill stones, lightening conductor, conversion of round house into visitor centre.

Approved. 11.08.1997


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Figure 1 - Site Plan 3.1. Lowfield Heath Windmill is a Grade II listed post mill on the edge of the village of

Charlwood, Surrey which has been restored to working order. Charlwood is immediately northwest of London Gatwick Airport in West Sussex, south west of Horley and north of Crawley.

3.2. The site is approximately 1.16ha. The closest residential properties are to the south and to the east of the site and at Millfields Crescent. The properties at Millfields Crescent were designed and constructed in 2003 following the closure of Gatwick Zoo and after the windmill was relocated to the site.

3.3. Access to the windmill is from Russ Hill Road, and the windmill is situated within a field, within a rural setting, adjacent to Gatwick Airport. The access track to the windmill is 3m wide with a hardcore base, and a crushed stone topping, whilst the windmill itself is surrounded by a clipped box hedge with a pedestrian gate, within a field.

Figure 2 - Aerial Photography - Google Maps 3.4. The verges of Russ Hill Road and eastern boundary of the site are characterised by

mature hedging and the western and northern boundaries are post and wire fencing.

3.5. The current application seeks permission to hold marquee weddings/events on the field adjacent to the windmill, in conjunction with the use of the roundhouse of the windmill building, 6 per year between May and September for 80 guests and to construct a shed for storage, with associated car parking, portaloo’s and lighting in the field.

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3.6. The storage shed would be the only permanent structure all other associated paraphernalia namely but not limited to: parking mesh, lighting, marquees and portaloo’s would be laid out the day before the event and removed the following day after each event.

Figure 3 - Proposed Block Plan

Figure 4 - Type of parking mesh

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Figure 5 - Type of marquees

Figure 6 - Proposed storage shed 4. Consultations

Concern Officer Comment Condition

4.1. Surrey Highways

Has undertaken an assessment in terms of the likely net additional traffic

Noted N/A

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generation, access arrangements and parking provision and are satisfied that the application would not have a material impact on the safety and operation of the adjoining public highway. The County Highway Authority therefore has no highway requirements.

4.2. Tree Officer

No objection. The ecology and tree report can be conditioned accordingly.

Noted Condition 2 and 8

4.3. Surrey Wildlife Trust Notes that the application is submitted with an ecology and tree report which can be condition accordingly, however they have additional comments relating to the findings of bats and badger which will be discussed within the report below.

Conditions 2, 8 and 9

4.4. Historic Environment Officer

No objections to the scheme and recommends conditions relating to amount of events, location of marquees and removal of marquees

Noted Conditions 2, 3 and 4

4.5. Environmental Health

No objection but recommends conditions relating to number of events, hours of operation including live music control and details relating to amplified music, venue management, logging complaints and no fireworks

Noted.

In terms of venue management plan which has been suggested detailing how and when the venue marquees will be set up and removed. This is already covered in condition 4.

In terms of a condition requiring the applicant to record any complaints received. This is not considered to meet the statutory tests for planning conditions as noise complaints are covered by other legislation

Conditions 3, 4, 5, 6 and 11

4.6. Mole Valley Access

Hope that accessibility requirements have been taken into account

The building is currently used as a visitor centre for open days. Due to the original construction methods of this windmill there are very steep steps involved. There is no disabled access beyond the ground floor.

N/A

4.7. Crime Prevention Officer

No comments received N/A

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5. Representations

5.1. 6 letters of representations were received from neighbouring properties (4 objections and 2 support) raising the following summarised concerns:


Insufficient parking has been made for 100 guests with only 23 parking spaces.

The only entrance to the site is on a blind bend and this would be made worse if vehicles park on the road. Causing highway safety concerns

This would cause visitors to park within Millfield Crescent which is a private road

No transport links within the vicinity.

Parking and Highway concerns will be discussed within the report.

Condition 2 and Informative 1

The open nature of the site and close proximity to houses means house disturbance from music well into the night.

Disruption in many ways.

Noise management plan does not deal with low frequency sound waves. Bass sound will be the loudest and will penetrate the marquees.

Being in the flight path of Gatwick, ambient noise level is already high. Air traffic noise along with the additional noise generated would be intolerable

A noise assessment has been submitted as part of the application.

The noise impacts will be discussed below within the report. Under impact on amenity.

A condition will be imposed relating to hours of operations.

Conditions 2, 4, 5, 6 and 7

There is a Shetland pony on the land. Surely this would cause harm.

The agent has confirmed that the pony will be taken to another field and returned after the event.

N/A

Discrepancy with the application.

Section 11 – Flood Risk. The application makes no

The site itself does not fall within a designated flood zone.

It is noted that part of the site

Condition 2 and 9.

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reference that the area is prone to flooding. It has been flooded for months which has been occupied by wildlife. The erection of any marquee, on this ground, would pose a danger to habitat and personal.

Prone to flooding

has been waterlogged given the significant amount of rainfall which has occurred.

The proposal is to carry out events May to September in warmer months.

A details ecology report has been submitted as part of the application which was carried out in January 2020.

The Windmill is one of 50 left in the UK. It is also 12th oldest. Its heritage has earned its Grade II listed status.

To subject such a delicate structure to this type of events is unconscionable.

No alterations to the structure of the windmill is required to accommodate these events.

The windmill is already used on open days.

Impact on the heritage asset will be discussed below.

N/A

Once the marquees are erected they will be become permanent

The marquees will not be permanent. They will be erected before the event and removed the following day.

A condition will also be imposed to ensure this requirement is carried out.

Condition 3

Marquee and shed would overlook our rear garden.

Impact on amenity will be addressed below.

Right to view is not a planning consideration

N/A

Site is adjacent to Glovers Wood SSSI.

An ecology report has been submitted as part of this application.

This will be discussed below within the report.

Condition 2, 8 and 9

If planning permission is granted. The following conditions should be imposed:

Maximum of 6 annually

Events should have a strict end date

No parking on Russ Hill or

Conditions will be imposed relating maximum of 6 events, end time for guests to vacant site along with the amplified music.

A condition will also be imposed for the type of low level lighting to be used.

In terms of no parking on

Conditions 4, 5, 6, 7 and 8. Informative 1.

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Millfield Crescent

Lighting should be low level

Equipment/Amplified music should have an end date

Russ Hill or Millfields Crescent. This is not something which can be conditioned as it falls outside the red edge. The agent has confirmed that the event organiser will ensure that parking will not occur on Millfield’s Crescent, and this will be taken care of by marshalled parking, and by prior notification to guests by the events management company.

Parking will also be discussed within the report.

Request that no fireworks take place at these events. This would affect animals and wildlife nearby

Noted Condition 11

5.2. Charlwood Parish Council


Supports the application providing it is limited to six events with an end time of 22.30 hours

Noted. A condition would be imposed on operating times.

Conditions 4 and 5

Appreciate and applaud the intent to minimise light pollution.

Noted. A condition would be imposed for the type of lighting.

Condition 7

5.3. The Charlwood Society


The committee would regret any change to the open setting of this historic mill. However, it notes that the Windmill urgently needs money to preserve its structure and would look sympathetically on its trustees wish to look ahead and explore ways of raising funds.

Noted. N/A

Storage shed should be The storage shed is N/A

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discreet as possible, so not to detract from the setting of the mill.

considered modest in size and located far away from the Heritage Asset.

Conditions be imposed controlling the frequency of use and type of use, so not to cause disturbance.

A comprehensive acoustic report has been submitted as part of the application.

A condition will be imposed restricting the numbers of events to six. Along with restriction on times.

Conditions 2, 4, 5 and 6

Views of neighbours will be considered

Noted. The summarised points from letters of representation form part of the assessment of the application

N/A


6.1. Government Guidance NPPF

Section 6 – Building a strong, competitive economy Section 11 – Making effective use of land Section 13 – Protecting the Green Belt Section 16 – Conserving and enhancing the historic environment

6.2. Mole Valley Core Strategy CS14 – Townscape, Urban Design and the Historic Environment CS15 – Biodiversity and Geological

6.3. Mole Valley Local Plan ENV4 – Landscape Character ENV15 – Species Protection ENV22 – General Development Control Criteria ENV23 – Respect for Setting ENV43 – Alterations and Additions to Listed Buildings ENV57 – Lighting Proposals MOV2 – The movement implications of Development MOV5 – Parking Standards

6.4. Other Documents Landscape Character


7.1. The main planning issues for consideration are

* Whether the proposal would be inappropriate development within the Green Belt,including the effect on openness

* The effect of the proposal on the character and appearance of the area

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* Impact on heritage asset * Other considerations Policy Context

7.2. The site is located within the Green Belt outside any defined settlement area and within the Area of Outstanding Natural Beauty. The essential characteristics of Green Belts are their openness and their permanence.

7.3. Paragraph 144 of the NPPF (February 2019) states when considering any planning application, local planning authorities should ensure that substantial weight is given to any harm to the Green Belt. Some forms of development are not considered inappropriate in the Green Belt. Those forms of development that are considered inappropriate should only be permitted if Very Special Circumstances can be demonstrated and if they are sufficient to outweigh the harm to the Green Belt.

7.4. Paragraph 81 states that planning policies and decisions should enable (a) the sustainable growth and expansion of all types of business in rural areas, both through conversion of existing buildings and well-designed new buildings; (b) the development and diversification of agricultural and other land-based rural businesses; (c) sustainable rural tourism and leisure developments which respect the character of the countryside; and (d) the retention and development of accessible local services and community facilities, such as local shops, meeting places, sports venues, open space, cultural buildings, public houses and places of worship.

7.5. Section 16 of the NPPF states when determining applications, local planning authorities should take account of (a) the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation; (b) the positive contribution that conservation of heritage assets can make to sustainable communities including their economic vitality; and (c) the desirability of new development making a positive contribution to local character and distinctiveness.

7.6. Core Strategy Policy CS14 seeks to ensure that new development respects and enhances the character of the area through high quality design.

7.7. Local Policy CS15 states that biodiversity areas of geological importance will be protected and enhanced in accordance with European and National Legislation.

7.8. Policy ENV4 – Landscape Character: The Council will seek to ensure that development proposals and forestry schemes in the countryside and rural settlements conserve and will not detract from the character of the local landscape. In determining planning applications account will be taken of the visual impact of the proposed development on the landscape, the extent to which the impact of new buildings has been softened and integrated into the landscape by careful consideration of siting, design, colour and associated planting and whether any existing landscape features such as trees and hedgerows should be retained.

7.9. Local Plan Policy ENV22 sets out the general development control criteria against which applications will be assessed. It seeks to ensure that new development is appropriate in terms of its scale, form and massing and respects the character and appearance of the locality.

7.10. Local Plan Policy ENV23 sets out that new development will normally be permitted where it respects its setting taking account of the scale, character, bulk, proportions

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and materials of the surrounding built environment and public views warranting protection.

7.11. Policy ENV43 sets out that alterations to listed buildings would normally be permitted providing that the proposal preserves the heritage asset and that the proposal does not detract from the character or setting of the building.

7.12. Policy ENV57 sets out that lighting proposals would only be permitted where they would not significantly and adversely affect the amenities of residential properties, Conservation Areas or Listed Buildings, or the character and appearance of the countryside.

7.13. Local Plan Policy MOV2 sets out that new development will normally be permitted where it can be demonstrated that it is or can be made compatible with the transport infrastructure and the environmental character in the area.

Whether the proposal would be inappropriate development in the Green Belt including the effect on openness

7.14. The site lies within the Metropolitan Green Belt. As detailed in paragraph 143 of the Framework, inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances.

7.15. Paragraph 144 continues to state when considering any planning application, local planning authorities should ensure that substantial weight is given to any harm to the Green Belt. ‘Very special circumstances’ will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm resulting from the proposal, is clearly outweighed by other considerations. The construction of new buildings are considered inappropriate development unless they meet one of seven exceptions in paragraph 144. The Framework also confirms that certain forms of development are not inappropriate in the Green Belt provided that they preserve its openness and do not conflict with the purposes of including land within it. Of relevance here are bullet points d) the re-use of buildings provided that the buildings are of permanent and substantial construction and e) material changes in the use of land.

7.16. The site is currently occupied by a Grade II listed windmill on open undeveloped fields. The windmill has successfully been restored back to working order. The application proposes the use of the roundhouse and field for weddings and events, a maximum of 6 events per year between May and September, for 80 guests. The revenue from the events is intended to provide funding for the ongoing maintenance of this heritage asset.

7.17. The roundhouse is considered a permanent and substantial construction which would be used for some ceremonies, no alterations are required to the heritage asset. However, the proposed material change of use would mainly take place on the adjacent field thus not entirely contained within the roundhouse. An area of the site would be allocated for one or two marquees which would be erected for each event, together with an area for the provision of Portaloos. In addition, grass reinforcement mesh would be laid to accommodate a parking area along with temporary low level bollards. The ancillary paraphernalia used in association with the events would be erected, the day before the event, then removed the day after. The modest shed would be positioned to the far east of the site which would accommodate machinery for maintaining the grounds.

7.18. The openness of the green belt has both a physical and spatial dimension. Although, the existing screening of mature hedging and trees limits the visual impacts, the activities will clearly be seen from the north and west and from distance views of

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Charlwood. Although, there would only be 6 events per year it is considered that there would be a loss of openness when the events occurred, largely due to the marquees, parking of vehicles and the activity associated with such events, however this is considered to be limited. Therefore, the use is not considered to preserve the openness of the Green Belt and is therefore inappropriate development.

7.19. If the development is inappropriate development, whether the harm to the Green Belt by reason of its inappropriateness, and any other harm is clearly outweighed by other considerations, so as to amount to the very special circumstances necessary to justify it.

7.20. The shed is a small portion of the proposal and the only permanent structure, all other paraphernalia would be erected the day before and removed the following day. The need for the modest shed along with the material change of use of the Land is to generate a source of income for the mill.

7.21. The Trust currently hold open days which will continue to raise funds and donations are welcome and greatly appreciated, however the income generated from such events is not sufficient to cover the general cost and maintenance of the mill. As the mill is a heritage asset the maintenance requires specialised work which can be expensive. Financial information has been submitted as part of the application which indicates a significant gap in revenue when compared to the running costs. The trust have looked at various options but consider that the mill is a unique setting to hold wedding or events.

7.22. Without a source of income for the mill, the mill would fall into disrepair which would be significantly harmful to the heritage asset and also a detriment to the area. Given these factors it is considered that, in this instance, very special circumstances exist to outweigh the limited harm to the Green Belt’s openness to justify the development.

The effect of the proposal on the character appearance of the area

7.23. Lowfield Heath Windmill is situated within the Wooded Weald Landscape Character which is describes as follows:

7.24. ‘The Wooded Weald is a large LCA covering most of the countryside in the south west quarter of the District. It meets the Open Weald to the east, with the boundary roughly following Henfold Lane and Rusper Road, south through the centre of Newdigate…Many of the smaller villages - particularly those in the south west of the District - retain a very close relationship with the surrounding landscape. They have kept their intimate scale, within which the landscape of woodland, small fields and narrow lanes is easily appreciated’.

7.25. The area surrounding the site provides a generally pleasant rural setting. Surrounding fields are largely undeveloped with boundary hedging including strong lines of trees and woodland.

7.26. The marquees would not be a permanent structure as they are expensive to hire. The person who hires the mill grounds would pay the required fee for the marquee hire. The marquee(s) would then be erected before the event and removed the following day. The type of marquee would vary depending on the request of the booking. The application has provided some detail on the type of marquees which can be seen in figure 5.

7.27. The maximum size of the marquees would be 6m x 12m although there are alternative sizes of marquee and this would depend on the booking, this application is being considered on the worst case scenario.

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7.28. The parking mesh is a simple product which can be used if required. The whole ethos of this application is to leave the site the in the same condition after the event as it was before the event. The type of mesh proposed can be seen in figure 4.

7.29. The modest storage shed which would be located to the far eastern side of the site has been designed to both minimise the visual impact and incorporate appropriate materials and detailing. The structure is simple and utilitarian, clad in feather-edge boarding with barn style doors, no glazing and a plain clay-tiled roof.

7.30. The proposed lighting would be minimal with subtle down lighting provided by portable bollards or similar. A condition detailing the proposed lights is recommended.

7.31. Although, the marquees, portaloos lighting and parking of vehicles would be visible during events, this would be minimal given the limited amount of events on the Land. It is therefore considered that the proposal would not have significant detrimental impact on the character of the area in compliance with the aims of local policies and the advice within the NPPF.

Impact on the Heritage Asset

7.32. Section 16 of the NPPF states when determining applications, local planning authorities should take account of (a) the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation; (b) the positive contribution that conservation of heritage assets can make to sustainable communities including their economic vitality; and (c) the desirability of new development making a positive contribution to local character and distinctiveness.

7.33. Lowfield Heath Windmill is a Grade II listed building. It was added to the statutory list of designated building on 11th November 1966. The listing entry for the building reads “Post mill. Thought to date from 1762 but removed from original site 2 ½ miles away in 1987 because of the expansion of Gatwick airport and extensively restored. Late C20 brick roundhouse with original chamfered centre post to trestle and 3 of the other 4 posts original. Late C20 tailwheel. Ogee shaped body has many original timbers but the weatherboarded cladding is late C20 and the steps are mainly renewed. The front face has 2 blocked windows and Dutch door to base with wooden prentice. Side have 3 openings with wooden comices on brackets. Windshaft is original but the 1 pair of sails present at time of survey in late C20.

7.34. The proposal forms special circumstances to create sufficient income for the Trustees to ensure the ongoing maintenance of the mill building. The Trust received a National Lottery Grant towards the restoration of the windmill but this was exclusively for its reconstruction and does not provide any support towards cyclical maintenance.

7.35. No works to the windmill are required to facilitate the wedding use. There would be no alteration to the appearance, fabric or historic context of the mill as a result of the proposed scheme. The proposed parking area would be to the north of windmill, with the grass reinforcement mesh barely visible. Given that the Trust hold open days where parking is provided it is considered that the impact on the setting of the heritage asset is negligible.

7.36. In terms of the marquees, initially, the Historic Environment Officer raised concerns over the potential of the marquees being a permeant feature of the landscape which would harm the setting of the heritage asset. However, further information has been provided which sets out the relationship between the windmill charity and the events company insofar as the latter would effectivity hire the windmill site to hold events and erect and dismantle their own marquees and equipment for each event.

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7.37. It is emphasised that the marquees would be needed at other events elsewhere. There is therefore a financial disincentive to leave the marquees on the site between events. This provides reassurance that the impact of the marquee on the setting will be an ephemeral one. In addition to this, the Historic Environment Officer is content with the design and size of the marquees which will minimise the harm to the setting of the listed building.

7.38. Further information submitted in support of the application also sets out in more detail the financial implications of maintaining this structure, providing an audit of invoices for its repair and maintenance and giving a clearer insight into the basis for projected maintenance costs over the next 10 years. It is clear that there is a fundamental issue (gap) with the limited revenue raised through events such as Open Days and the substantial cost of maintaining this structure.

7.39. The optimum viable use for specialised historic structures such as these is for their original designed purpose. They are quite difficult to put into alternative uses, and those uses that give rise to the greatest asset value (such as a dwelling), impose the greatest levels of intervention and harm to their fabric and interest, for example the stripping out of working parts, insertion of windows, services and accumulation of associated domestic paraphernalia. This level of change damages the very significance the alternative use claims to preserve and is therefore considered a last resort. On this basis i.e. in enabling a good, sensitive use to continue and in terms of the detailed costings and the intermittent impact of the marquees, the Council are satisfied that this proposal achieves an appropriate balance between the limited and temporary harm to the setting of the listed building and securing its optimum viable long-term use and maintenance.

7.40. It is therefore considered that the proposal complies with the aims of the NPPF and local policies concerning the conservation of heritage assets.

Other Considerations

Impact on neighbouring amenity

7.41. Concerns have been raised that the marquee and shed would overlook properties causing impact to amenity.

7.42. The properties located to the north in Millfield Crescent are sited at least 100 metres away. It is accepted that when the marquees are in situ for an event they would be visible but are not considered to cause overlooking concerns to residential amenity.

7.43. Other concerns which has been raised is over the noise of such events, in particular to the amplified music and PA system. It was clearly evident from the site visit that the site is close to the flight path of Gatwick where the noise from aircrafts is quite significant. The ambience noise arising from the amplified music and the PA system would be not be significantly worse when compared to aircraft noise. It is however accepted that the aircraft noise is intermittent.

7.44. The application is accompanied with a noise management plan and acoustic report which has been reviewed by the Councils Environment Health Officer (EHO). The EHO explains that the submitted scheme provides detailed information but insufficient information over how the system will be installed and operated is missing. The submission states what they aim to achieve but does not adequately detail how it will be delivered. However, this can be addressed through an imposed condition,

7.45. The EHO does not raise any objections to the proposal but recommends conditions relating to number of events, hours of operation, music control, and no fireworks.

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7.46. Approval is being recommended based on the limited numbers of events which are required to ensure the mill can be maintained. It is accepted there will be some disturbance to neighbouring amenity but with the imposed conditions and limited numbers it is not considered to significant harm neighbouring properties.

Impact on Trees and Ecology

7.47. Section 40 of the Natural Environment and Rural Communities (NERC) Act 2006 places a duty on all Local Planning Authorities (LPAs) to conserve biodiversity –including restoring and enhancing species, populations and habitats, as well as protecting them.

7.48. Paragraph 175 of NPPF sets out the four principles in terms of biodiversity.

(a) significant harm to biodiversity resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for, then planning permission should be refused;

(b) development on land within or outside a Site of Special Scientific Interest, and which is likely to have an adverse effect on it (either individually or in combination with other developments), should not normally be permitted. The only exception is where the benefits of the development in the location proposed clearly outweigh both its likely impact on the features of the site that make it of special scientific interest, and any broader impacts on the national network of Sites of Special Scientific Interest;

(c) development resulting in the loss or deterioration of irreplaceable habitats (such as ancient woodland and ancient or veteran trees) should be refused, unless there are wholly exceptional reasons and a suitable compensation strategy exists; and

(d) development whose primary objective is to conserve or enhance biodiversity should be supported; while opportunities to incorporate biodiversity improvements in and around developments should be encouraged, especially where this can secure measurable net gains for biodiversity.

7.49. This development would not involve the first three principles and would adopt the fourth principle.

7.50. The site lies adjacent to Glovers Wood which is a SSSI. This application is accompanied with an ecology and tree report, which also indicates certain enhancements in order to achieve biodiversity gain.

7.51. The objectives of the survey were to identify whether there are site constraints in respect of ecology and arboriculture and where appropriate, establishes commensurate mitigation and enhancement measures.

7.52. The SSSI is adjacent, to the north west of the site. The proposal is towards the east of the site, limiting the any potential impact to the SSSI. No trees would be lost to the proposed development. With the exception of one tree all of the habitats within these sites are common, widespread and easily recreated. Given the location of the SSSI and the limited amount of operational development, it is not considered that the SSSI would be affected by the proposal.

7.53. In terms of protected species, the survey assesses the following species badgers, bats, breeding birds.

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Findings

7.54. Badgers

The report has identified the presence of an active badger sett within the development site. The report indicates that the proposed development is not considered to impact upon the sett location as the temporary nature of the marquees do not pose a direct risk, furthermore the parking area is considered a sufficient distance away. In order to minimise disturbance on the badgers associated with the sett, restrictions on the number of events should be imposed. However, the risk of disturbance remains.

Badgers are legally protected under The Protection of Badgers Act 1992 and Schedule 6 of the Wildlife and Countryside Act (1981 as amended), which makes it illegal to wilfully kill, injure, take, possess or cruelly ill-treat a Badger, or attempt to do so. It is also an offence to damage, destroy or interfere with a badger sett or disturb a badger while it is occupying a sett.

A distance of a minimum of 30m should be maintained between the sett and any development/groundworks or tracked vehicles. Surrey Wildlife Trust has suggested a further condition is imposed relating to a further survey be undertaken to check for any new signs of badger sett construction on site and if a badger activity is detected a suitable course of action shall be submitted and approved accordingly.

7.55. Bats

There is an active bat roost within the mill that appears to be associated with the underside of the revolving upper level of the building. In addition, some of the surrounding tree resource within the site have potentially suitable bat rooting features.

The proposal includes to use the ground floor of the Mill for wedding ceremonies/events. The Mill is currently opened to the public infrequently during the summer months. No significant change in use would therefore be anticipated, and so the existing bat roost should not be adversely influenced by this change of use. The car parking and marquees (where light disturbance would be most intense) will be located to the north and east of the Mill, respectively, and therefore emerging bats can still exit into darkness to the west and south, respectively, given that the upper floor of the Mill has an open access along the entire circumference of the building.

The type of lighting used within a development, as well as its location and intensity, is of importance to bats. It is therefore recommended that for any evening events, lighting should use low intensity bollards and/or using low intensity LED lights. This form of lighting will transmit its illumination in a downwards direction with no light emitted above the horizontal to minimise light pollution and light spillage beyond the edge of the development. This is also something that is echoed by Surrey Wildlife Trust and any lighting should comply with the relevant guidance “Bats and Lighting in the UK – Bats and The Built Environment Series”. It is accepted that the positioning of low level lighting is annotated on the proposed block plan, however as bats are a protected species it is considered that a condition be imposed on any decision to require actual details of the lighting which is supported by Surrey Wildlife Trust and the mitigation measures within the report.

7.56. Breeding birds

The boundaries and the internal hedge surrounding the mill have the potential breeding habitat for occupation by a small range of common and widespread birds. The infrequent use of the site for short durations is not considered to have a significant impact upon the breeding birds.

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7.57. Overall it is considered that the proposal would not cause a significant impact to protected species, habitats and trees compliance with the NPPF and local policies. A condition is recommended to require compliance with the recommendations of the ecology report.

Highway and Parking

7.58. Millfield Crescent is a private road, however the NPPF and Local policies do not distinguish between private and public highway. In accordance with Surrey County Councils Parking Standards, some uses require an individual assessment.

7.59. The windmill is currently used for at least 8 open days a year with parking provided for 23 visitor spaces on the site which will continue throughout the year. The submitted information states the proposal will not increase the amount of visitor parking that is already supplied. It is envisaged that the events will also require parking for delivery vans for staff catering and for the setting up and taking down the marquees but this would be within the same area.

7.60. The parking area is on level ground in the field and will be treated with a mesh that simply requires rolling out and pegging down. This system allows grass to grow through. The mesh disappears into the turf after a few mowing’s and a bit of rain and is very effective in stopping rutting. This product or a similar product is to be laid on top of the field. As already occurs with the existing open days, the parking area on the field will be used for a temporary period only, whilst the events are being held.

7.61. The total number of guests would be 80 with a maximum of 20 staff, however these figures maybe less as some events maybe smaller.

7.62. The parking area would create 23 parking spaces. Concerns have been raised that this is insufficient. There is not a requirement for a lot of parking on site as guests would arrive and depart by shared vehicles and taxis, this would also be encouraged by the events management company when bookings are made. It is considered that a travel management plan should be submitted to the Council which will clearly outline the intentions in accordance with Surrey County Councils “Travel Plans Good Practice Guide, this information can be secured by condition.

7.63. Concerns have been raised that guests would park on Millfield Crescent or even Russ Hill. The event’s organiser would ensure that parking would not occur on Millfields Crescent or Russ Hill and this would be taken care of by a marshalled parking on the days of events. An informative is recommended regarding the use of a parking marshall.

7.64. Although the Highways Authority have undertaken an assessment in terms of the likely net additional traffic generation, access arrangements and parking provision and are satisfied that the application would not have a material impact on the safety and operation of the adjoining public highway. It is considered to ensure best practices are encouraged a travel plan is required to outline how this will be carried out in accordance with the aims of the NPPF and local policies ENV22 and MOV2.

Conclusion

7.65. This proposal is considered to be inappropriate development within the Green Belt as it does not preserve openness, although this would be limited given the amount of events. The very special circumstances put forward are considered to clearly outweigh the harm to the Green Belt as the proposal would support both the local and the wider

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community, as well as provide an effective way for the Trust to be able to obtain an annual income from hiring the Mill grounds for wedding events. The income from hiring the Mill grounds for only 6 events during May to September is sufficient for the Trust to be able to regularly maintain the Grade II listed building for the at least the next 10 years.

8. Recommendation

Permission be GRANTED subject to the following conditions/reasons:



2. The development hereby permitted shall be carried out and completed in all respectsstrictly in accordance with the submitted documents and plans:

Planning Design and Access Statement and Addendum Combined Arboricultural and Ecology Statement Acoustic Report and Noise Management Plan dated Heritage Statement Viability Statement 19/350/100 Site Location Plan 19/350/101 Existing Block Plan 19/350/102 Existing elevations and roundhouse 19/350/201A Proposed Block Plan -19/350/202 Proposed elevations and roundhouse and storage shed

contained within the application and no variations shall take place.


3. All equipment in association with the material change of use, namely but not limited toparking mesh, lighting, marquees and portaloos shall only be laid out/erected within the areas as detailed on plan number 19/350/201 and shall only be erected/laid out the day before the event and removed the following day after the event.

Reason: To protect the amenities of the area, biodiversity and wildlfie and the setting of the hertiagte asset in accordance with Mole Valley Local Plan policy ENV22 and policies CS14 and CS15 of the Mole Valley Core Strategy and the advice within the NPPF.

4. The material change of use hereby permitted shall only occur on 6 days during onecalendar year between May and September and the total number of guests attending each wedding/event to not exceed 80 persons.

Reason: To protect the amenity and privacy of adjoining residential properties and in the interest of highway safety in accordance with Mole Valley Local Plan policy ENV22 and MOV2.

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5. The material change of use hereby permitted shall only take place between the hours of 12:00 to 22:00 and all guests shall have left the site by 22:30 hours. All live and recorded entertainment must take place within the soundproof marquee. All amplified and non-amplified music must cease by 22:00 hours. Reason: To protect the amenity and privacy of adjoining residential properties in accordance with Mole Valley Local Plan policy ENV22.

6. Prior to commencement of operations a detailed scheme of amplified music management and control shall be submitted to and approved by the local authority. The scheme shall include but not be limited to: i. A schematic diagram detailing all equipment to be installed and available for the playing of amplified with suitable supporting technical specifications; ii. Details of commissioning and calibration to set up and limit the noise output from the equipment in accordance with the noise targets specified in Section 5 of the Sustainable Acoustics Feasibility Report. iii. The monitoring to be carried out and the data to be collected. iv. Proposals for ongoing management and monitoring The scheme of amplified music management as agreed by the local planning authority shall be carried out prior to commencement of operations and a verification report with supporting data to show suitable set up of the equipment shall be submitted to and approved by the Local Authority within 2 months of the date of first operation. Reason: Reason: To protect the amenity of the local area and ensure a satisfactory environment for occupiers of adjoining properties accordance with Mole Valley Local Plan policy ENV22 and policy CS14 of the Mole Valley Core Strategy.

7. Prior to the commencement of the development details of the proposed temporary low level bollard lighting shall be submitted to and approved in writing by the Local Planning Authority. The lighting shall only be installed for the event and is to be removed after each event. Details submitted shall be in line with Surrey Wildlife Trust "Bats and Lighting in the UK - Bats and The Built Environment Series". Reason: To protect the amenities of the area, and in particular to minimise the adverse affects on wildlife in accordance with Mole Valley Local Plan policy ENV22 and policy CS15 of the Mole Valley Core Strategy.

8. The recommendations set out within the applicant's Combined Arboricultural and Ecology Statement dated February 2020 and submitted in support of the application shall be carried out in full before the development is occupied. Reason: To safeguard the ecological interest of the site in accordance with Mole Valley Local Plan policy ENV15 in accordance with policy CS15 of the Mole Valley Core Strategy and the National Planning Policy Framework.

9. Prior to the commencement of development, a survey of the site by an appropriately qualified ecologist should be undertaken, to check for any new signs of badger sett construction on site. If any badger activity is detected a suitable course of action shall be submitted to and approved in writing by the local planning authority to prevent harm to this species. Any deep excavations left overnight should be provided with a ramped means of escape and stockpiles of soft materials shall be covered overnight to prevent badgers excavating new setts.

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Reason: To safeguard the ecological interest of the site in accordance with Mole Valley Local Plan policy ENV15 in accordance with policy CS15 of the Mole Valley Core Strategy and the National Planning Policy Framework.

10. Prior to the commencement of the development a Travel Plan shall be submitted for thewritten approval of the Local Planning Authority in accordance with the sustainable development aims and objectives of the National Planning Policy Framework, Surrey County Council’s “Travel Plans Good Practice Guide”, and in general accordance with the 'Heads of Travel Plan' document and then the approved Travel Plan shall be implemented for each event, thereafter maintain and develop the Travel Plan to the satisfaction of the Local Planning Authority.

Reason: The above condition is required in recognition of Section 4 “Promoting Sustainable Transport “ in the National Planning Policy Framework 2012, in accordance with the National Planning Policy Framework, the Surrey Transport Plan, and saved polices MOV2 and MOV5 of the Mole Valley Local Plan.

11. There shall be no fireworks at any time on the Land.

Reason: To protect the amenity and privacy of residential properties and wildlifee, in accordance with Mole Valley Local Plan policies ENV15 and ENV22.

12. Details of all events shall be recorded including any complaints with any correctiveaction taken. These records shall be made available to the local planning authority, if required, in order to monitor.

Reason: To protect the amenity of the local area and ensure a satisfactory environment for occupiers of adjoining properties accordance with Mole Valley Local Plan policy ENV22 and policy CS14 of the Mole Valley Core Strategy.

Informatives

1. The applicant is to ensure that no parking would take place on Millfields Crescent orRuss Hill and all entering and exiting traffic shall have a traffic marshall or security guard.

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MO/2020/0277 (Detailed) 11-Feb-2020

Applicant Mr & Mrs Firth

Case Officer Aidan Gardner



Ward(s) Ashtead Village

Proposal Erection of a two storey detached residential property.

Site Description Land r/o 61-63, Woodfield Lane, Ashtead, Surrey, KT21 2BT


Summary

The site lies at the northern end of Woodfield Lane, close to the junction with Barnett Wood Lane and the pond, within the built-up area. The site accommodates a detached single storey building last used as an office. Detailed planning permission is sought for the replacement of this building and the erection of a detached three bedroom dwelling with garaging. The issues for consideration are: the effect on the character and appearance of the area; the impact on the amenities of neighbouring occupiers; parking and trees. It is concluded that the proposal would not have a harmful impact in these respects and permission is therefore recommended

1. Development Plan

1.1. Built up area


The site has been used as various commercial uses for a long time, going back


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perhaps as much as 60 years. There have been a great number of planning applications over this period, the most recent of which are set out below:-

LEA 17299 Change of use of 63 Woodfield Lane from shop to bank and first floor from residential to offices.

Permitted 13/09/65. Use commenced.

MO/75/0407 Car park extension at rear of premises. Permitted 11/06/75.

MO/98/0601 Demolition of 3 No wood and asbestos buildings. Erection of single storey building to be used as offices. (Land at rear of 63 Woodfield Lane).

Permitted 01/07/98. Implemented.

MO/12/0560 Change of use of 63 Woodfield Lane from offices to single family dwelling.

Permitted 03/07/12. Use commenced.


3.1. The site lies at the northern end of Woodfield Lane, close to the junction with Barnett Wood Lane and the pond. Recently, permission was granted on appeal for a development of ten flats on the opposite side of Woodfield Lane (80A and 86-88 Woodfield Lane). This development is under construction.

Figure 1 – location plan North

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3.2. To the east of the site are a large pair of semi-detached houses dating from around the turn of the nineteenth century, Nos. 61 and 63 Woodfield Lane. During the 1930s, the ground floor of. No. 63 started to be used as a bakery. During the mid-1960s, the shop was changed to a bank (branch of Nat West), under a permission (LEA17299) which also covered the change of use of the first floor to offices. The applicant began using the whole of 63 as offices during the 1980s and a number of individual firms were based there. In July 2012, permission was granted for the change of use of no. 63 back to a single family dwellinghouse.

3.3. There is a fenced-off area to the west of 61/63 which contains a small single storey building which is used as offices. This land comprises the current application site. The existing building was permitted in the late 1990s to replace structures that had been used for many years in connection with a printer’s workshop under a series of temporary permissions. This office has its own independent access from a track running alongside the pond which serves residential properties in Barnett Wood Lane beyond to the west and known as ‘Pond Place’ (See Figure 1 above)

3.4. The applicant at one time owned both 61 and 63 Woodfield Lane. Both of the properties have since been sold and are occupied as family dwellings. However, all the land within the application site is within the ownership of the applicant. The eastern boundary is fenced off where it adjoins 63 Woodfield Lane. However, there is no physical delineation within 61 Woodfield Lane, the rear garden to which extends across the lower half of the application site with the occupants of no. 61 enjoying rights over that land. Proposal

3.5. Detailed planning permission is sought for the removal of the existing office building and the erection of a detached three bedroom dwelling with integral garage. The proposed layout is shown below:- Figure 2 – Block plan

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3.6. The proposed house would be of tradtional design with gabled roof and finished in brick elevations with plain tiles to the roof, as shown below:-

3.7. Figure 3 – proposed elevations

3.8. Vehicular access to the site would be from the existing track which serves the existing vacant office building and which also serves the residential properties to the west. A new access would be formed to the track, which would require removal of a section of wall and a tree.

3.9. In order to improve the aspect from 61 and 63 Woodfield Lane, the proposal has been amended by the re-siting of the house further west with the garage element repositioned to its eastern side. The layout, as originally submitted is shown below:- Figure 4 – original site layout

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4. Consultations

Consultee Comments/officer response Condition

SCC Highways The application site is accessed via Pond Place, which is a private road and does not form part of the public highway, therefore it falls outside The County Highway Authority's jurisdiction. The County Highway Authority has considered the wider impact of the proposed development and considers that it would not have a material impact on the safety and operation of the adjoining public highway.

Condition 8 requiring electric charging point.

Mole Valley Joint Waste Solutions.

Council collection vehicles service the properties to the west using Pond Place. Therefore raise no objections.

Environmental Health Raise no contamination or noise issues. Therefore no conditions required.

Environment Agency (EA). Site lies in Flood Zone 1, it is not within 20 metres of a main river and foul sewage connects to mains. Site is also not upon any contaminated land that could affect aquifers. Therefore EA has no comments to make on the application.

Surrey Wildlife Trust. It would appear that the building proposed to be demolished is not of a design that makes it likely to host active bat roosts. However, as no surveys have been conducted, the applicant should take a

Condition 13

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precautionary approach to the demolition works. Due to nearby pond, the presence of great crested newts cannot be ruled out. Therefore offer precautionary approach to clearance of vegetation. SWT also draw attention to the opportunities for biodiversity enhancements for example though bird nesting and bat boxes.

Tree Officer - There are no major tree related concerns with the application.

Discussed below. Condition 13

5. Representations

5.1. Six representations have been received, including one from Ashtead Residents Association. The following summarised points are raised:-:

Comment/concern Officer comment Condition/s

Overdevelopment of site, out of keeping with the character and appearance of the area.

Discussed below.

Loss of amenity to 61 and 63 Woodfield Lane, through visual intrusion and by its overpowering and overshadowing effect.

Discussed below. The proposal has been amended since these representations were received, placing the proposal further away from these properties.

4-6 and 10

There would be no objections to a smaller dwelling of lower height.

The application needs to be considered on its own merits.

Right of access along Pond Place needs to be maintained during construction works.

This is a private matter outside the control of planning.

Damage to surface of Pond Place.

This again is a private matter.

Pond Place is not suitable for larger vehicles and the

SCC Highways raise no objections to the scheme

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visibility at the junction with Woodfield Lane is poor leading to concerns of safety given the extent of the use of the footway on Woodfield Lane by schoolchildren.

on highway safety grounds.

Increase in traffic. As above.

Conflict with Development Plan policies ENV22, ENV23 and ENV24.

Discussed below.

The floorplans indicate a dressing room but this could be used as a fourth bedroom. The proposal is thus not compliant with policies that seek to encourage 2 and 3 bedroom dwellings.

Discussed below. The internal layout has been changed to show one master bedroom and two smaller bedrooms.

The revised location would result in loss of light to the rooms served by the windows in the eastern elevation of 268 Barnett Wood Lane, which would be the most affected adjoining property. The ground floor study proposed on the western side of the proposal should be obscurely glazed.

Discussed below. Conditions 6 and 10


6.1. National Planning Policy Framework

Section 2 – Achieving sustainable development. Section 5 – Delivering a sufficient supply of homes Section 12 – Achieving well-designed places Section 15 – Conserving and enhancing the natural environment.

6.2. Mole Valley Core Strategy

CS1 – Where Development will be Directed CS2 – Housing Provision and Location CS3 – Balancing Housing Provision CS14 – Townscape, Urban Design and the Historic Environment CS19 – Sustainable Construction, Renewable Energy and Energy Conservation

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6.3. Mole Valley Local Plan

ENV22 – General Development Control Criteria ENV23 – Respect for Setting ENV24 – Density of Development and the Space about buildings. MOV2 – Movement implications of new development. MOV5 – Parking standards.

6.4. Ashtead Neighbourhood Development Plan

AS-H2: Balancing the Housing Mix AS-H3: Infill and smaller sites AS-H5: Maintaining Built Character AS-H6: Off Street Parking AS-En3: Retaining Character

6.5. Other Documents

Built up Character Appraisal for Ashtead.


7.1. The main planning issues for consideration are:-

- Principle - Effect on the character and appearance of the area; - Impact on the amenities of adjoining properties; - Highways and parking; - Trees and ecology

Principle

7.2. At the heart of the NPPF is a presumption in favour of sustainable development. Paragraph 11 states that, in terms of the decision-making process, this means approving development proposals that accord with the development plan without delay, and, where the development plan is absent, silent or relevant policies are out date, granting permission unless:-

i. the application of policies in the Framework that protect areas or assets of particularimportance; or

Such areas include land designed as Green Belts, an Area of Outstanding Natural Beauty, and Conservation Areas. (This does not apply in this case).

ii. Any adverse impacts of doing so would significantly and demonstrably outweigh thebenefits, when assessed against the policies in the Framework as a whole.

7.3. The Council can currently only demonstrate 3 years of Housing Land Supply and as such, the policies in the Development Plan relating to housing land supply are to be regarded as out of date. As such, there is a presumption in favour of sustainable development; the ‘tilted balance’ in paragraph 11 is engaged. This means granting permission for residential development unless the adverse impacts of doing so would significantly and demonstrably outweigh the benefits of doing so, when assessed against the NPPF as a whole, or there is a clear reason for refusing development

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because of a conflict with policies in the NPPF that protects areas or assets of particular importance. As stated above, this is not applicable in this in this case.

7.4. In assessing the benefits, the proposal would contribute one new residential unit to the housing market and the District’s wider housing supply. The site lies within convenient walking distance of the shopping centre at Craddocks Parade and its attendant facilities. Ashtead railway station lies only a short walk further away to the north towards Ashtead Common, with regular services to Horsham, Leatherhead, Dorking, and London. There are also local bus services available. The development would increase footfall in the local shops and other outlets. This element would be consistent with the social and economic role of sustainable development and attracts weight.

7.5. Paragraph 127 of the NPPF states that planning policies and decisions should ensure the developments, inter alia: (a) will function well and add to the overall quality of an area, not just for the short term but over the lifetime of the development; (b) are visually attractive as a result of good architecture, layout and appropriate and effective landscaping; (c) are sympathetic to local character and history, including the surrounding built environment and landscape setting, while not preventing or discouraging appropriate innovation or change (such as increased densities); create places that are safe, inclusive and accessible and which promote health and well-being, with a high standard of amenity for existing and future users.

7.6. At paragraph 130, it is stated that permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way in functions.

7.7. Section 11 of the NPPF emphasis the need to make the most effective use of land. Paragraph 117 advises that ‘planning policies and decisions should provide an effective use of land in meeting the need for homes and other uses, whilst safeguarding and improving the environment and ensuring safe and healthy living conditions’. At paragraph 123, it is advised that ‘where there is an existing or anticipated shortage of land for meeting identified housing needs, it is especially important that planning policies and decisions avoid homes being built at low densities, and ensure that developments make optimal use of the potential of each site.’

7.8. At paragraph 123 (c) it is advised that ‘local planning authorities should refuse applications which they consider fail to make efficient use of land, taking into account the policies in the Framework. In this context, when considering applications for housing, authorities should take a flexible approach in applying policies or guidance relating to daylight and sunlight, where they would otherwise inhibit making efficient use of a site (as long as the resulting scheme would provide acceptable living standards).’

7.9. Policies CS1 and CS2 advise that new development will be directed towards previously developed land within the built up areas of Leatherhead, Dorking, Bookham, Fetcham and Ashtead. The site lies within the built up area of Ashtead, comprises previously developed land: the principle of residential development is therefore acceptable.

7.10. Core Strategy policy CS3 encourages the provision of 2 and 3 bedroomed units. The proposal would create a three bedroom dwelling. The Ashtead Neighbourhood Development Plan Policy AS-H3 also requires the provision of 1, 2 and 3 bedroomed units on housing developments of between 1 to 4 dwellings. These criteria would be met in this case. Comments have been made in the representations about the layout and that the first floor show a dressing room which could be used as a fourth bedroom. As part of the changes in the revised plans, the first floor layout has been redesigned

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to create master bedroom with en-suite together with two smaller bedrooms. This makes the layout less conducive to reconfiguring with four bedrooms.

7.11. Policy CS14 requires that all development must respect and enhance the character of the area in which it is proposed whilst making the best possible use of land available. This will be assisted though the work on Built up Area Character Appraisals.

7.12. Mole Valley Local Plan policy ENV22, General Development Control Criteria sets out seven general criteria for sound development control practice. Criterion 1 requires that development should be appropriate to the site in terms of its scale, form and appearance. Criterion 2 requires that the proposal does not significantly harm the amenities of neighbouring occupiers by reason of overlooking or its overshadowing or overpowering effect. Criterion 3 requires that development should respect the character and appearance of the locality.

7.13. Mole Valley Local Plan policy ENV23, Respect for Setting requires that development should take account of the scale, character, bulk and proportions of the surrounding built environment, and that it should not comprise overdevelopment in relation to the size of the plot and/or surrounding developments. Criterion 3 requires that new development has regard to established townscape features, including the space around buildings.

7.14. Mole Valley Local Plan policy ENV24 advises that development will not be permitted where it would result in a cramped appearance having regard to the general spacing around buildings in the locality.

7.15. Policy AS-H5 (maintaining built character) states that, in accordance with Mole Valley Core Strategy policies CS13 and CS14, development must be visually integrated with its surroundings and designed to have regard to the character of the local area and street scene.

7.16. Policy AS-En3 (retaining character) requires development to be visually integrated with their surroundings and designed with regard to the character of the surrounding area. Developments should also be designed to include gardens and/or green space that maintains or enhances the character of the local area.

Effect on the character and appearance of the area

7.17. The site lies within the Woodfield area under the Built-up Area Character Appraisal for Ashtead. The relevant key characteristics of the area are set out below:

- The Pond: a strong landscape feature, adding visual interest and biodiversity, as well as being popular with residents;

- Mature tree belts around and through the Woodfield, giving the area maturity and a strong landscape setting;

- Open space: an asset to the village as a whole. Development around the periphery widely visible, maintaining an attractive balance of modest buildings in varied styles, with no individual building or style being over-dominant;

- Good access to alternative transport modes and excellent range of local shops and community facilities;

- The junction of Barnett Wood Lane, Craddocks Avenue and Woodfield Lane has a large expanse of tarmac and hard landscaping compared to the extensive green space

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nearby. Coupled with the concentration of traffic and parked cars, this is a less visually appealing part of the area;

- Poor environmental setting to Barnett Wood Lane parade of shops and rather cluttered streetscape around the parades of shops at Craddocks Parade. Parked cars and pavement clutter contrast with the otherwise spacious and tidy environment around the edges of the Woodfield;

7.18. It is proposed to site the house approximately in alignment with the front elevation of the adjoining property 268 Barnett Wood Lane. The proposal would therefore form a continuation of this line of development. The siting would maintain a separation of some 4 metres to the flank wall of 268 Barnett Wood Lane and 24 metres to the main rear elevation of 63 Woodfield Lane. It is considered that this level of separation would maintain an adequate spacing between buildings to respect the character of the area. Whilst the proposal would stand close up to the edge of the track, this is also the case with the adjacent houses to the west. Whilst the depth of the rear garden would be less than the case with other plots nearby, the width is quite generous. Overall, it is considered that the garden area available would be sufficient for the occupiers’ needs.

Figure 5 – block plan

7.19. Turning to the design and appearance of the proposal, the site lies in an area where a traditional building style predominates. The housing to the west and east typically date from around the turn of the nineteenth century. Materials typically comprise brick with some elements of render present and either tiles or slates to the roof. The photograph below shows the houses to the west of the site which are typical of the character of this locality.

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Figure 6 – streetscene along Pond Place

7.20. The proposal has been designed along tradtional lines that incorporates features found locally. External materials will comprise stock facing brickwork with contrasting gauged brick arches over the windows and doors, slate to the roof with decoratve clay ridged tiles and timber sash windows.

Figure 7 – proposed front elevation

7.21. The formation of the access to Pond Place would require the removal of a section of the boundary wall together with a tree. The wall and tree are shown on the photograph

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below at Figure 8. It is considered that the alterations to the wall would not have a harmful impact. Figure 8 – site of proposed access

7.22. The Tree Officer has assessed the application and has advised that the there are no tree related concerns with the application. There are no substantial trees within the land other than hedging type plants and shrubs which will need to be removed to accommodate the development.

7.23. There are otherwise two low quality trees located in Pond Place to the north of the property, which runs alongside the Council owned Barnett Wood Lane Pond open space. The two trees comprise a smaller Ash and a 10m tall Sycamore, both of which grow against a substantial wall and have the potential to cause damage. It is proposed to remove the Sycamore in order to gain access. The Sycamore is well screened from wider public views by other mature trees about the pond area and the loss would be visually negligible.

7.24. Several new trees and landscaping are indicated on the floor and elevations plan below which offers a reasonable level of new planting. These can be further detailed by the provision of a landscaping scheme and plan which sets out the tree and shrub species to be planted and other ecological provisions (Condition 13).

7.25. In conclusion, it is considered that the proposal would not be out of keeping with the character of the area. It is therefore compliant with the requirements of policies ENV22-24 of the Mole Valley Local Plan, CS14 of the Core Strategy and policies AS-H5 and AS-En3 of the Ashtead NDP.

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Impact on the amenities of adjoining properties

7.26. It is considered that the most immediately affected properties would be 268 Barnett Wood Lane, to the west of the site and Nos. 63 and 61 Woodfield Lane, to the east.

7.27. Regarding 268 Barnett Wood Lane, this property has windows on the ground floor serving a dining room and windows on the first floor serving a landing and stairs. There is a fence along the boundary which already affects the outlook from the dining room. The west facing side window in the proposal would contain a ground floor window serving a study. The applicant is agreeable to a condition requiring the window to be obscurely glazed and this is recommended below (6). Conditions are also recommended removing permitted development rights for extensions and additional window openings (4 and 5).

7.28. Turning to 61 and 63 Woodfield Lane, there was a concern about the siting of the house, as originally proposed and shown below. Figure 9 – original siting

7.29. The concern was that the proposed house would appear intrusive and dominating in the outlook from 63 Woodfield Lane and to a lesser extent, also from 61. The house would have a side-on relationship to these properties and, in the case of 63, the separating distance – measured over two storeys - would have close to 15 metres, which is generally accepted as a minimum level of separation. Under the revised plan, the repositioning of the house at the western side of the site would increase the separation to approximately 22 metres.

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Figure 10 – current siting

7.30. It is considered that the revised siting would provide an adequate level of separation to 61-63 Woodfield Lane. The north eastern elevation of the proposal would contain a secondary bedroom window at first floor level. The applicant is agreeable to a condition requiring the window to be obscurely glazed and only openable above a floor height of 1.7 metres (10).

7.31. Whilst the southern elevation of the proposal would contain bedroom windows at first floor level, it is considered that the oblique relationship with the properties along Woodfield Lane (57-61) coupled with the separating distance, would be sufficient for the privacy of the occupiers of these properties to be safeguarded. Highways and parking

7.32. The plans show off-street car parking provision in the form of an integral single garage and two forecourt spaces. This provision would be sufficient to meet the requirements of policy AS-H6 of the Ashtead Neighbourhood Development Plan. Conditions are recommended to control the provision of the parking and garage spaces (9 and 12).

7.33. Concerns have been expressed locally about increased traffic and the standard of visibility where Pond Place emerges and meets Woodfield Lane. However, the County Highway Authority is content with the proposal on safety grounds. Although, in the interests of the amenities of local residents, a Transport Construction Management Plan condition is recommended (11). Sustainable Construction

7.34. The proposal falls within the remit of Policy CS19 of the Mole Valley Core Strategy. The proposed development would therefore need to meet the requirements of this policy. As no details have been provided, compliance with these aspects of policy CS19 can be satisfactorily controlled through the imposition of a relevant planning condition (7).

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Ecology

7.35. The site is quite heavily overgrown and would require the removal of vegetation. Surrey Wildlife Trust have made recommendations with regard to the removal of the existing building and steps to mitigate possible harm to great crested newts. They have also advised that the site offers opportunities for improving the biodiversity value of the site, such as through the provision of bat and bird boxes. This is covered by condition 13 below.

Community Infrastructure Contributions

7.36. The Localism Act 2011 amended the Town and Country Planning Act 1990 to state that Authorities should also take into account ‘any local finance considerations, so far as material to the application.’

7.37. ‘Local finance considerations’ include ‘sums that a relevant Authority has received, or will or could receive, in payment of Community Infrastructure Levy (CIL)’.

7.38. Policy CS17 of the Core Strategy states that development should make provision for new infrastructure where necessary. However the Community Infrastructure Levy (CIL) has now been introduced, which places a mandatory charge on new residential and retail developments. The Council will publish an annual infrastructure list detailing the infrastructure projects or types of infrastructure which the Council intends will be or may be, wholly or partly funded by CIL.

7.39. This development is CIL liable and a contribution of £30,185.54 would be collected from the development. However, this figure may be amended if further information is forthcoming, and it may also be subject to an application for exemption.

7.40. Conclusions

7.41. The site comprises previously developed land and lies in a highly sustainable and accessible location in Ashtead close to public transport, shops and other amenities. The proposal would contribute to the stock of dwellings in the District. It is considered that there would not be a harmful effect on the character of the area nor on the amenities of neighbouring occupiers. Adequate provision is made for off-street car parking.

7.42. The proposal would be compliant with the provisions of the Development Plan and the NPPF. A permission is therefore recommended.

Recommendation

Permission be GRANTED subject to the following conditions:-



2. The development hereby permitted shall be carried out and completed in all respectsstrictly in accordance with the submitted documents and plan numbers 02D and 03B contained within the application and no variations shall take place.

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4. Notwithstanding the provisions of the Town and Country (General PermittedDevelopment) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no extensions within Schedule 2, Part 1, Classes A, B, or C to the dwelling hereby permitted shall be erected.

Reason To control any subsequent enlargements in the interests of the visual and residential amenities of the locality, in accordance with Mole Valley Local Plan policy ENV22 and policy CS14 of the Mole Valley Core Strategy.

5. Notwithstanding the provisions of the Town and Country Planning (General PermittedDevelopment) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no windows, dormer windows, glazed openings, or roof lights other than those expressly authorised by this permission shall be constructed.

Reason: To control any subsequent enlargements in the interests of the visual and residential amenities of the locality in accordance with Mole Valley Local Plan policy ENV22 and policy CS14 of the Mole Valley Core Strategy.

6. Prior to first occupation, the ground floor window in the southwest elevation of thedevelopment hereby permitted shall be glazed in obscured glass and shall be permanently retained in that condition thereafter.

Reason: To protect the amenities and privacy of adjoining residential properties in accordance with Mole Valley Local Plan policy ENV32.



8. The development hereby approved shall not be occupied unless and until the proposeddwelling is provided with a fast charge socket (current minimum requirements - 7 kw Mode 3 with Type 2 connector - 230v AC 32 Amp single phase dedicated supply) in accordance with a scheme to be submitted and approved in writing by the Local

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Planning Authority and thereafter retained and maintained to the satisfaction of the Local Planning Authority. The charging provision shall thereafter be permanently retained as such.

Reason: To accord with the sustainability objectives of the NPPF.

9. The parking spaces shown on the approved plan shall be made available for use prior tothe first occupation of the development hereby permitted and thereafter retained for that purpose.

Reason: To ensure that adequate facilities are provided for the parking of vehicles clear of the highway in the interests of the free flow of traffic and condition of safety on the highway in accordance with Mole Valley Local Plan policy MOV5.

10. Prior to the first occupation the first floor window in the northeastern elevation of thedevelopment hereby permitted shall be glazed in obscured glass and only openable above a height of 1.7 metres above the internal floor level. The window shall be permanently retained in that condition thereafter.

Reason: To protect the amenities and privacy of adjoining residential properties in accordance with Mole Valley Local Plan policy ENV32.

11. No development shall take place, including any works of demolition, until a ConstructionMethod Statement has been submitted to, and approved in writing by, the Local Planning Authority. The approved statement shall be adhered to throughout the construction period. The statement shall provide for:

i. the parking of vehicles of site operatives and visitorsii. loading and unloading of plant and materialsiii. storage of plant and materials used in constructing the development

Reason: The Local Planning Authority is satisfied that it is fundamental to the development permitted to address this issue before development commences and that without this safeguard planning permission should not be granted and to protect the amenities of neighbouring residential properties in accordance with in accordance with Mole Valley Local Plan policy ENV22

12. The garaging hereby permitted shall be used for the storage of private motor vehiclesand incidental domestic storage only.

Reason: To ensure that adequate facilities are provided for the parking of vehicles clear of the highway, in the interests of the free flow of traffic and condition of safety on the highway in accordance with Mole Valley Local Plan policy MOV5.

13. Before any above groundworks take place details of a landscaping scheme shall besubmitted to and approved by the Local Planning Authority, detailing measures to deliver biodiversity net gains, such as bird or bat boxes and log piles, and incorporating the planting of native species of trees, shrubs, herbaceous plants and areas to be grassed. The landscaping shall be carried out in the first planting season after commencement of the development unless agreed otherwise in writing by the Local Planning Authority, and shall be maintained for a period of 5 years. Such maintenance shall include the replacement of any trees and shrubs that die.

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Reason: To ensure the provision and maintenance of trees, hedges, other plants and grassed areas in the interests of visual amenity, to ensure that the proposed development will deliver biodiversity enhancements, to compensate for the loss of existing trees and soft landscaping and to ensure compliance with Mole Valley Local Plan policy ENV25, policies CS14 and CS15 of the Mole Valley Core Strategy and the NPPF.

Informatives

1. The applicant is requested to take note of the contents of the email dated 19 March2020 from Surrey Wildlife Trust over the necessity to take a precautionary approach in the construction process in event of bats and reptiles being found.

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MO/2019/2200 (Detailed) 23-Dec-2019

Applicant Mr & Mrs Ellis

Case Officer Cindy Blythe



Ward(s) Fetcham West

Proposal Demolition of existing dwelling and erection of a replacement four bedroom dwelling including basement accommodation, swimming pool and carport with revised access off The Glade.

Site Description Llangaller, Woodside, Fetcham, Leatherhead, Surrey, KT22 9SS


Summary

The site lies at the northern end of The Glade, at the intersection with Langaller Lane and Woodside, a Public Bridleway and Footpath respectively. The land is Metropolitan Green Belt and there is a Tree Preservation Order on an Oak within the site. The application follows the granting of planning permission at the June and November 2018 planning committees under Planning reference MO/2018/0274 and MO/2018/1448 for a replacement three bedroom detached dwelling with a detached garage/store, access and landscaping. Following the current submission, the subject scheme has undergone design amendments – details of which are noted further in description section of the report.

The proposal seeks planning permission for the erection of a detached dwelling and garage, following the demolition of the existing dwelling and outbuildings. A new access would be formed at the south western corner of the site. It is considered that the proposal complies with Green Belt policy, that it would not detract from the character of the area or adversely


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affect highway safety nor detract from the amenities of adjoining properties. Permission is therefore recommended.

1. Development Plan

1.1. Metropolitan Green Belt; Tree Preservation Order.


MO/2018/0274 Removal of existing buildings and erection of 1 No. replacement dwelling with garage, access, and landscaping

Approved 14.06.18

MO/2018/1448 Removal of existing buildings and erection of replacement dwelling, garage, access and landscaping.

Approved

08.11.18

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3.1. The application site lies at the northern end of The Glade across the Leatherhead-Guildford railway line, at the intersection with Langaller Lane and The Glade/ Woodside, a Public Footpath and Bridleway respectively. The land is Metropolitan Green Belt.

Figure 1 - Block Plan

3.2. The site accommodates the remnants of a partially demolished detached three bedroom bungalow with associated outbuildings. The dwelling had been vacant for some time and both it and the associated buildings were in a rundown condition. The garden is heavily overgrown and contained a number of derelict cars which had been kept by the previous owner. Access to the site is from Langaller Lane about two thirds of the way along.

3.3. The site is well treed. An Oak located along the western boundary is protected. The northern and southern parts of the site are designated as Ancient Woodland. The positon of the TPO tree is shown below:

Figure 2 - Site plan showing TPO tree 3.4. The current application is submitted following the granting of permission in June 2018

and November 2018 for a detached three bedroomed dwelling with a garage/store new

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access and landscaping under planning references MO/2018/0274 and MO/2018/1448. The subject application underwent design amendments in April 2020 and a consultation was carried out with neighbours; the changes included the reduction of the glazing to the southern elevation, removal of the eastern lightwell steps and a reduction on the extent of the opening to the steps to the basement, also a hatch for access to the plant room in the basement. Planning permission is sought for a 4 bedroom dwelling and car port, the dwelling would be of simple design, larger and with a swimming pool and terrace. It is also proposed to create a new access from the south western corner of the site, which would free up the existing right of way along Langaller Lane for pedestrian use. The proposed block plan is below:

Figure 3 - Proposed block plan

3.5. The current application seeks planning permission for the erection of a replacement 4 bedroom dwelling including basement accommodation swimming pool and car port with revised access off the Glade.

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Figure 4 - Proposed Elevations

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3.6. The materials would comprise natural slate natural stone with standing zinc seams, metal windows and in line pv slates. The car port would be designed to match below.

Figure 5 - Proposed car port/bike store

3.7. The replacement dwelling would a barn type appearance. It would have a similar angle of orientation and a rectangular footprint when compared to the form and layout of the partially demolished dwelling. The new dwelling would be sited in a broadly similar position to the partially demolished dwelling, but would be further away from the western boundary, thereby affording more space to the protected Oak. The new car port would be smaller in size than the previous and moved further west, away from the Ancient Woodland that is located at the northern end of the site.

3.8. In terms of the proposed dwelling’s size, there would be an increase in volume from the previously approved dwelling as it would be 1127m3 as opposed to the previously approved scheme of 715m3. The car port/ bike store would be of simple design and open on three sides for most of the building, it would have a height of 3.9m and a length of 9.3m. The main section of the building would have a roof height of 5.4m and the gable section would have a height of 8.1m which is 1.1m higher than the two storey dwelling previously approved. However, the proposed car port bike store would have a volume of 67m3. The overall volume of the combined buildings would result in 1194m3

being 247m3 more than the previous scheme

3.9. The proposed swimming pool would sit 6.3m forward of the dwelling and would measure 12m in length and 6m in width. It would have an infinity design with a terrace of stone slabs around it. To the south the pool would have flagstones set within gravel which would have planting and grasses. The informal garden area would form a transitional area between the pool terrace and the lawn.

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3.10. The application is accompanied by Design and Access Statement, Energy Efficiency Report, Ecological Report and Tree Survey and Tree Protection Report.

4. Consultations

4.1. SCC Highways: The application site is accessed via The Glade which is a private road and does not form part of the public highway therefore it falls outside of the County highway Authority’s jurisdiction. The County Highway Authority has considered the wider impact of the proposed development and considers that it would not have a material impact on the safety and operation of the adjoining public highway.

4.2. Surrey Wildlife Trust:

This letter of report gives an indication of site conditions, but is now two years old. As the site is not occupied it is my assumption that the site is to some extent recolonised by ruderal vegetation and has increased in ecological value since this report was written. No update to this report is submitted.

Protected species - bats

All species of bat and their roost sites are protected under Schedule 5 of the Wildlife and Countryside Act 1981 (as amended) and Schedule 2 of the Conservation of Habitats and Species Regulations 2017. All bats are therefore European Protected species.

Offences under this legislation include any activities that may kill, injure or disturb an individual or damages or destroys a breeding site or resting place of that individual. Destruction of a bat roost is therefore an offence, even if the bat is not present at the time of roost removal. In its role as a local planning authority, the Council should also be aware of its legal duty under Regulation 9(3) of The Conservation of Habitats and Species Regulations 2017 which states that “a competent authority must, in exercising any of their functions, must have regard to the requirements of the Habitats Directive so far as they may be affected by the exercise of those functions”.

The applicant should be made aware of the requirement for them to apply for a Protected Species Licence from Natural England where development activities may disturb existing bats or damage their resting places.

The above referenced report has identified that the building scheduled for demolition has some features suitable to host active bat roosts. In order to ensure compliance with the above referenced European legislation, I recommend that prior to the commencement of development that these features are surveyed by a suitably qualified ecologist to confirm that bats remain absent. Demolition should then take place in a precautionary manner under the watch of a suitably qualified ecologist.

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Should bats be seen at any point during works, all works should cease immediately and Natural England contacted to establish in a European Protected Species Licence is necessary to ensure that the development proceeds legally.

Protected species – reptiles and Great Crested Newts

Great Crested Newts are protected under Schedule 2 of the Conservation of Habitats and Species Regulations 2017. Great Crested Newts are therefore European Protected species.

Offences under this legislation include any activities that may kill, injure or disturb an individual or damages or destroys a breeding site or resting place of that individual.

All native UK reptile species are legally protected under Schedule 5 of the Wildlife and Countryside Act (1981) (as amended) and as such are protected from killing or injuring. UK Native species are also listed as a species of Principle Importance within the Natural Environment and Rural Communities Act 2006. Section 40 of the NERC Act places a duty on the Council to conserve biodiversity, whereby ‘conserve’ is clarified as meaning ‘restoring or enhancing a population’. There is therefore a statutory requirement not just to avoid killing and injuring of reptiles, but also to seek to restore or enhance their population.

The above referenced letter of report identifies that some suitable habitat for both reptiles and amphibians exists within the development site. Great crested Newts are known to be present locally and there is therefore potential for them to move onto the development site.

I therefore recommend that development works proceed only under the watch of a suitably qualified ecologist and in accordance with the precautionary working methodologies specified within the letter of report, in order to ensure that statutory obligations relating to these species in met.

Should Great Crested Newts be identified as present within the development site at any point, all works should cease immediately and natural England contacted to establish if a European protected Species licence is necessary to ensure legal compliance.

Measurable net gain for biodiversity

The National Planning Policy Framework (NPPF) makes it clear (para 170) that “Planning policies and decisions should contribute to and enhance the natural and local environment by; minimising impacts on and providing net gains for biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures”.

Paragraph 174 requires the promotion of “the conservation, restoration and enhancement of priority habitats, ecological networks and the protection and recovery of priority species; and identify and pursue opportunities for securing measureable net gains for biodiversity”.

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Should the Council be minded to grant permission of the proposed development, the applicant should be required to work only in strict accordance with the biodiversity compensation and enhancement measures as detailed within the above referenced letter of report.

Officer comment – Following the above comments Surrey Wildlife Trust have advised that although some of the buildings have been demolished that the condition regarding precautionary approach for demolition remains applicable and that the earlier comments still stand, that works can proceed under the watch of a suitably qualified ecologist which can be undertaken prior to further works being carried out. officer response – whilst it is acknowledged that the report is two years old the extant planning permissions, the previous one which included the ecology report could still be carried out

4.3. Tree Officer –

The current proposals are basically consistent with the previous consent and my comments remain unchanged. The latest arboricultural report By Quaife Woodlands is dated 29th November 2019 and numbered AR-3940-APIR-191129. You can cite this as an approved document and tree protection plan AR-3940 TPP-191125.

The landscaping plan is not pursuant to a condition and therefore I cannot say that it is either ok or otherwise in that it meets the requirements of a condition. It is simply a comprehensive landscape plan that respects the character of the site and the designations. It mainly discusses the reinstatement of the dilapidated hedges about the boundaries with native species, indicates the retention of the better quality mature trees (Oaks) and is acceptable. If granting consent you would not require a landscape condition and can just refer to the submitted plan as an approved document to be complied with. The only condition you might impose is the following:

In this condition ‘retained’ tree means and existing tree which is to be retained in accordance with the approved [landscape plan AR-3940 TPP-191125 plan] and schedule; and in paragraphs (a) and (b) below shall have effect until the expiration of 5 years from the date of occupation of the building for its permitted use.

(a) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be pruned other than in accordance with the approved plans and schedule, without the approval, in writing, of the Planning Authority.

Any pruning approved shall be carried out in accordance with current British Standard 3998 (Recommendations for Tree Work).

(b) If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such a size and species, and shall be planted at such a time, as may be specified in writing by the Planning Authority.

Reason: In accordance with Mole Valley Local Plan Policy ENV22, 25, 53, CS 15 and the current British Standard 5837 (Trees in relation to design, demolition

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and construction - Recommendations), which collectively seek to ensure the retention of trees which enhance the existing character of the locality in the interests of wider public visual amenity.

4.4. Natural England

Natural England has not assessed this application for impacts on protected species. Natural England has published Standing Advice which you can use to assess impacts on protected species or you may wish to consult your own ecology services for advice.

Priority Habitat as identified on Section 41 list of the Natural Environmental and Rural Communities (NERC) Act 2006 The consultation documents indicate that this development includes an area of priority habitat, as listed on Section 41 of the Natural Environmental and Rural Communities (NERC) Act 2006.

Ancient Woodland Natural England advises that the proposals as presented have the potential to adversely affect woodland classified on the ancient Woodland Inventory. Natural England refers you to our Standing Advice on ancient woodland https://www.gov.uk/ancient-woodland-and-veteran-trees-protection-surveys-licences.

The lack of comment from Natural England does not imply that there are no impacts on the natural environment, but only that the application is not likely to result in significant impacts on statutory designated nature conservation sites or landscapes. It is for the local planning authority to determine whether or not this application is consistent with national and local policies on the natural environment. Other bodies and individuals may be able to provide information and advice on the environmental value of this site and the impacts of the proposal to assist the decision making process. We advise LPAs to obtain specialist ecological or other environmental advice when determining the environmental impacts of development.

We recommend referring to our SSSI Impact Risk Zones (available on Magic and as a downloadable dataset) prior to consultation with Natural England. Further guidance on when to consult Natural England on planning and development proposals is available on gov.uk at https://www.gov.uk/guidance/local-planning-authorities-get-environmental-advice

4.5. Environmental Health - Having considered the site context we would not consider there to be any need for contamination or noise conditions as the railway line is some distance away and is electrified- thus normal double glazing will suffice.

Lighting around the pool may be a concern and the Planning authority could consider a condition for this requiring a lighting scheme to be submitted and approved.

4.6. Waste officer – our requirements are met no comments to offer

4.7. Sustainability officer – I've reviewed the submitted Energy & Sustainability Statement and can confirm that if they install a GSHP has proposed they will satisfy the 10% saving required. If permission is granted, SAP reports or similar will be necessary as evidence to support the Statement.

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https://www.gov.uk/guidance/protected-species-and-sites-how-to-review-planning-proposals

https://www.gov.uk/ancient-woodland-and-veteran-trees-protection-surveys-licences

http://www.magic.gov.uk/

https://naturalengland-defra.opendata.arcgis.com/datasets/sssi-impact-risk-zones-england?geometry=-32.18%2C48.014%2C27.849%2C57.298

https://www.gov.uk/guidance/local-planning-authorities-get-environmental-advice

https://www.gov.uk/guidance/local-planning-authorities-get-environmental-advice

4.8. Thames water –

WASTE COMMENTS Thames Water would advise that with regard to WASTE WATER NETWORK and SEWAGE TREATMENT WORKS infrastructure capacity, we would not have any objection to the above planning application, based on the information provided. With regard to SURFACE WATER drainage, Thames Water would advise that if the developer follows the sequential approach to the disposal of surface water we would have no objection. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. Should you require further information please refer to our website. https://developers.thameswater.co.uk/Developing-a-large-site/Apply-and-pay-for-services/Wastewater-services There are public sewers crossing or close to your development. If you're planning significant work near our sewers, it's important that you minimize the risk of damage. We’ll need to check that your development doesn’t limit repair or maintenance activities, or inhibit the services we provide in any other way. The applicant is advised to read our guide working near or diverting our pipes. https://developers.thameswater.co.uk/Developing-a-large-site/Planning-your-development/Working-near-or-diverting-our-pipes. As required by Building regulations part H paragraph 2.36, Thames Water requests that the Applicant should incorporate within their proposal, protection to the property to prevent sewage flooding, by installing a positive pumped device (or equivalent reflecting technological advances), on the assumption that the sewerage network may surcharge to ground level during storm conditions. If as part of the basement development there is a proposal to discharge ground water to the public network, this would require a Groundwater Risk Management Permit from Thames Water. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991. We would expect the developer to demonstrate what measures will be undertaken to minimise groundwater discharges into the public sewer. Permit enquiries should be directed to Thames Water’s Risk Management Team by telephoning 02035779483 or by emailing [email protected]. Application forms should be completed on line via www.thameswater.co.uk. Please refer to the Wholsesale; Business customers; Groundwater discharges section. Swimming Pools - Where the proposal includes a swimming pool, Thames Water requests that the following conditions are adhered to with regard to the emptying of swimming pools into a public sewer to prevent the risk of flooding or surcharging: - 1. The pool to be emptied overnight and in dry periods. 2. The discharge rate is controlled such that it does not exceed a flow rate of 5 litres/ second into the public sewer network.

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WATER COMMENTS

With regard to water supply, this comes within the area of the Sutton & East Surrey Water Company. For your information the address to write to is -Sutton & East Surrey Water Company, London Road, Redhill, Surrey, RH1 1LJ Tel - (01737) 772000

4.9. Design consultants comments on subject scheme prior to design changes –

The orientation is odd, as the front door is around the back of the house, and so the legibility of the entrance is poor. This suggests the house design isn’t resolved.

The pool might fit better on the rear of the building than the front, but the confused back and front makes this unclear. Further screening on the south side of the development may make a pool more acceptable in this location.

There is a range of different characters around the site, the proposed character therefore seems acceptable as it is located in its own field set back and somewhat separate from the local streetscape.

Officer comments – the application has been amended and the orientation was accepted previously as it mirrored the original orientation of the dwellinghouse.

4.10. Countryside access – no comments received

5. Representations

9 x Representations received prior to the design amendments with the followingsummarised comments

comment Officer response condition Noise dust and damage to fence. Site has been contaminated by rubbish and dumped vehicles. Request condition to control working hours if permitted

Noise, pollution and dust issues controlled by Environmental Health

Construction transport management plan condition (4 )inter alia to loading unloading and on site timing vehicle routing

Llangaller Lane little used by vehicles has pot holes. Original property did not have access.

Access would be from Woodside- restricted views at crossing – Bushy Road intersection makes a dangerous turn in to The Glade. Heavy vehicles using railway bridge has 17.5 t restriction – loss of

SCC highways have considered highway safety implications

Construction management plans to include vehicle parking, routing vehicle loading and unloading etc. Condition (4)

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use of the Glade and bridge access. Request for weight restriction on vehicles to minimise impact on infrastructure. Also that no materials or vehicle parking on approach to site. All materials etc., within site boundaries. Lane used by ponies and dog walkers

noted Construction management plan condition as above

No burning on site noted Informative added Site has altered course of water - Water running across road from Bookham stream– would be increased with hard surfacing, basement and pool. No detailed surface water drainage information submitted

noted Condition (16) for levels to be submitted and condition for drainage

Request for ecology survey – site documents state it had supported newts toads, insects

Ecology report submitted and assessed by the Ecologist

Ecology condition (9) and informatives added

Other matters- land ownership of access to south –west corner

Case officer liaised with Applicant. It was established that the south west corner is a small section of unregistered land. - Accordingly Land Registry Form TR1 advises that the client’s title to this land cannot be guaranteed. Given the status and uncontested ownership of this small section of land the application red line boundary has been amended to exclude the unregistered land. Appropriate indemnity insurance has been taken out in relation to this parcel of land against any future claim of ownership. In this context, the new drive and gates, if approved, will be constructed wholly in land within the applicant’s ownership. Given the

No condition required – civil matter outside of the remit of planning

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established position and based on the indemnity policy in place, the applicant will continue to pass across this unregistered parcel which will only be surfaced once legal title can be formally ascertained and subject to any necessary planning approval.

Proposed dwelling is out of keeping unsympathetic to locality

Original design was referred to design consultant and amended

Not applicable design amended

1 x additional representation received following re-consultation of design amendments with the following summarised comments

Proposal is aimed at erecting largest possible property by stealth using previous consents to argue revised plans do not differ

Noted – assessed in character section of report

Property is out of character in woodland Green belt area.

Noted – assessed in character section of report


Government Guidance National Planning Policy Framework 2019 (NPPF) Section 2:Achieving Sustainable Development Section 5: Delivering a sufficient supply of homes Section12: Achieving well designed places Section 13:Protecting Green Belt Land

Mole Valley Core Strategy CS3: Balancing Housing Provision CS14: Townscape, Urban Design and the Historic Environment CS15: Biodiversity and Geological Conservation CS19: Sustainable construction, renewable Energy and Energy Conservation

Mole Valley Local Plan ENV15: Species Protection ENV22: General Development Control Criteria ENV23: Respect for Setting RUD8: Replacement dwellings in the countryside RUD9: Garages and other ancillary domestic buildings in the curtilage of dwellings in the countryside MOV2: Movement implications of new development

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The main planning issues for consideration are:

• The Fall-back position extant planning permission

• Whether the development is inappropriate development in the Green Belt andthe impact upon Green belt openness;

• Effect on the character and appearance of the rural landscape;

• The Impact on the amenities of adjoining properties;

• Trees

• Ecology

• Sustainable Design

• Lighting

• CIL.

Fall-back position and extant planning permission

7.1. It is important to note that a material consideration in this case is the extant planning permissions for a three bedroom dwelling with a garage and access, granted under MO/2018/1448 on the 8th November 2018, also the earlier extant permission granted under MO/2018/0274 on the 14th June 2018. This therefore presents a fall-back position. In assessing the weight given the extant permissions, the Courts have held that the fall-back does not have to be probable, or even have a high chance of occurring. In order for it to be a material consideration, a fall-back only has to be more than a merely theoretical prospect.

7.2. However, for substantial weight to be afforded to a fall-back position, there needs to be not only a reasonable prospect of it being carried out in the event that planning permission was refused, but it would also need to be similarly (or more) detrimental than the scheme for which permission is sought. In this instance the proposal is for a contemporary and larger dwelling of 4 bedrooms with a car port, swimming pool and terrace. However the larger element is subterranean and housed in the basement therefore not visible above ground (see table in Green Belt Section).

7.3. Given that the previous application contained a large amount of detail, it is considered highly probable that it would be implemented. Consequently, on that basis it is established that the extant permission carries significant weight as a material fall-back position.

Green Belt

7.4. Development in the Green Belt is inappropriate unless it falls into one of the categories set out in paragraph 145 of the NPPF. The most relevant to this application being:

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g) limited infilling or 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 affordable housing need within the area of the local planning authority”.

7.5. Inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. Local Planning Authorities are advised that substantial weight is given to harm to the Green Belt caused by reason of inappropriateness.

7.6. The site contains the ramshackle partially demolished remnants of the main dwelling and two outbuildings and as such is previously developed land.

The NPPF annexe 2: Glossary defines previously developed land 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.’ Inter alia, the NPPF definition excludes ‘land that was previously developed but where the remains of the permanent structure or fixed surface structure have blended into the landscape’.

The application site accords with the above definition.

7.7. Local Plan Policy RUD8 has a similar effect and advises that replacement dwellings in the countryside will be permitted providing the new dwelling:

1. is not materially larger; 2. is sited on or close to the position of the existing dwelling and, 3. does not detract from the open and undeveloped character of the countryside.

This policy does not prohibit dwellings with a basement.

7.8. In regards to local policy point 1, although there is an increase in footprint compared to the previous permitted schemes, the footprint figures and volumes form part of the consideration. Inspectors have deemed that a judgement has to be made regarding the impact on openness and visual amenity. As the elevations at fig 6 and in paragraph 7.9 below demonstrate that there is little appreciable difference between the visible above ground sections of the subject application compared with the previous approved schemes. The dotted red line on the elevations indicates that the previous scheme roofs were higher and would consequently be more visible and therefore have more impact on the openness and visual amenity.

7.9. Regarding point 2 the dwelling would be cited close to the original buildings.

7.10. With regards to point 3 the dwelling would be of high quality design and is not considered to detract from the open undeveloped character of the area.

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7.11. As detailed above, whilst the proposed building would be larger than the previously approved scheme and includes a basement, this element is below ground and would be set within the landscape and therefore would not be visible from the wider public view.

Figure 6 - comparison elevations of current scheme with previous approval dotted lines

7.12. As referenced in the previous paragraphs, the above comparison elevation drawings show that the proposed ridge height is lower than the approved scheme, however, the building would be deeper and have a subterranean floor. Moreover, the building would be approximately in the same location as the consented scheme.

Impact on openness

7.13. The openness and permanence of the Green Belt are the essential characteristics of the Green Belt. However, as mentioned in the earlier paragraphs in this instance the larger building has been set in to the landscape, the building appears as a single storey and part two storey dwelling. The car port/bike bin store is a modest structure that is largely open on three sides. As referred to above, the development is in approximately the same location as the previous approved scheme. The NPPF paragraph 145 states that “the local planning authority should regard the construction of new buildings as inappropriate development in the Green Belt.” A number of exceptions to this are listed :

g) is the relevant criteria it details “limited infilling or the partial or completeredevelopment 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 affordable housing need within the area of the local planning authority”.

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7.14. The proposal would be constructed on previously developed land and the development above ground would not have a greater impact on the openness of the Green Belt that the existing development. It complies with the requirements of the NPPF and RUD8. Therefore it is considered that the impact on the openness of the Green Belt would not be harmful.

Impact on the character and appearance of the area

7.15. The design of dwelling is of a part single storey form above ground with a two storey gabled projection. The dwelling would have a slate roof and use a limited palette of materials to blend with the sylvan appearance of the locality. The pv panels on the southern roof elevation would be invisible and would blend with the slate roof. The stone and zinc materials would aid with the simple, energy efficient design which is considered sympathetic to the scale and proportions of the development in the surrounding area. The redevelopment of the site with a well- designed and thought out single dwelling would therefore be of benefit to the appearance of the locality.

Housing Mix

7.16. Core Strategy Policy CS3 encourages the provision of 2 and 3 bedroomed units. The proposal is for a four bedroom replacement dwelling. Although this criterion would appear not to be met, Policy CS3 does not preclude 4 bedroom dwellings.

7.17. Granting the site is not in central Bookham, however at a recent appeal for 204 Lower Road Bookham appeal reference APP/3620/W/18/3207747 the Planning Inspector considered the issue of housing mix and the conflict with the development plan and the Bookham NDP policy BKH1 which required 2 or 3 bedroom dwellings in the centre of Bookham.

7.18. The Inspector noted that the appeal development (for a replacement 4 bedroom dwelling) would be of a similar scale to the permission recently approved (a replacement 3 bedroom dwelling) and deemed that the ‘development would therefore have a neutral effect on the mix of dwellings by size.’ It was further considered that the ‘material considerations outweighed the limited conflict with the development plan as identified’. The Inspector concluded that ‘planning permission was to be granted notwithstanding that the development does not accord with Policy BKH1 of the Bookham NDP.’

Impact on the amenities of adjoining neighbours

7.19. Due to the substantial grounds the presence of boundary trees and significant separation distances between the site and the adjoining neighbours it is considered that the amenities of neighbouring occupiers would not be significantly affected.

Highways

7.20. The proposed development would be accessed to and from the Glade/Woodside, which are Public Bridleway. These are private and therefore the County highways Authority has no jurisdiction over them and accordingly raises no objections.

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Trees

7.21. Concerns have been raised regarding the narrow nature of the roads and impact during the construction phase. A number of these issues fall within private matters. However, it is considered that as with the previous applications a Construction management plan condition is recommended. Condition 4.

7.22. With regards to trees the protected tree on the site is in situ and the planting plans have been submitted. The Council’s Tree Officer has been consulted on the scheme and has not raised any objections. A condition for planting 3 is recommended which would ensure that trees are retained and that the permission is subject to the approved plan as submitted. Condition 5

Ecology

7.23. Paragraph 170 of the NPPF states that ‘Planning policies and decisions should contribute to and enhance the natural and local environment by; minimising impact on and providing net gains for biodiversity, including by establishing coherent ecological networks that are more resilient to current and future prospects’.

7.24. Paragraph 175 of the NPPF also requires that ‘Opportunities to incorporate biodiversity improved in and around developments should be encouraged, especially where this can secure measurable net gains for biodiversity.

7.25. An Ecological Survey has been submitted to support this application. Surrey Wildlife Trust have advised that although some of the buildings have been demolished that the condition regarding precautionary approach for demolition remains applicable.

7.26. The ecological survey found no evidence of bats within the property. It is noted that demolition has begun on the site. SWT have commented and have recommended that work is undertaken with a precautionary approach and as such condition 9 has been imposed.

7.27. With regards to Great Crested Newts, the ecological survey found that the relatively small pond at the south of the site had below average suitability to support newts, however there some suitable habitat for both reptiles and amphibians within the development site. SWT have therefore recommended that development works proceed only under the watch of a suitably qualified ecologist and in accordance with the precautionary working methodologies specified within the letter of report, in order to ensure that statutory obligations relating to these species in met.

7.28. With regards to biodiversity the applicant should be required to work only in strict accordance with the biodiversity compensation and enhancement measures as detailed within the above referenced letter of report. Therefore as with the previous planning permissions an ecology condition would be recommended with the planning permission.

7.29. Subject to suitable biodiversity and protected species condition and informatives regarding bats, reptiles and birds, the proposal would accord with the relevant policies of the Mole Valley Core Strategy, Local Plan and NPPF. Condition 9 and informatives

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Sustainable Design

7.30. The application has been submitted with an Energy Efficiency Report produced by Leonard Engineering. This report demonstrates that the proposed dwelling would comply with the requirements of the NPPF paragraph 150 (b) which states ‘new development should be planned for in ways that: can help to reduce greenhouse gas emission, such as through its location, orientation and design’.

7.31. The report affirms that the design includes passive measures to reduce energy demand including the improvements to thermal performance and reduction in heat loss via fabric and efficient building systems and low energy lighting. The use of ground source heat pumps (GSHP) and photovoltaic cells (PV) would enable the proposed dwelling to achieve the carbon emissions reduction requirements as per the NPPF and Core Strategy Policy CS19 which seeks to achieve sustainable development and to reduce the causes and effects of climate change through good design layout and a reduction in carbon emissions.

7.32. The report concludes that the proposed dwelling meets the above requirements a condition is recommended with the permission. Condition 6

Lighting

7.33. Environmental health have suggested that the council could impose a lighting condition for external lighting around the swimming pool. Given that details of external lighting have not been submitted a lighting condition requiring the submission of all external lighting to be submitted is recommended with the planning permission. Condition 18.

Drainage

7.34. With regards to drainage there is a downward incline from the north to the south of the site – the pond being at the southern end of the development boundary. As with the previous permissions a condition is recommended requiring the submission of drainage details. Condition 16

7.35. Thames Water have not raised objections to the proposed development however, conditions have been requested regarding the proposed swimming pool- Thames Water requests that the following conditions are adhered to with regard to the emptying of swimming pools into a public sewer to prevent the risk of flooding or surcharging: - 1. The pool to be emptied overnight and in dry periods. 2. The discharge rate is controlled such that it does not exceed a flow rate of 5 litres/ second into the public sewer network. Therefore a condition is recommended with the permission. Condition 17

Community Infrastructure Levy (CIL)

7.36. Policy CS17 of the Core Strategy states that development should make provision for new infrastructure where necessary. However, the Community Infrastructure Levy (CIL) has now been introduced, which places a mandatory charge on new residential and retail developments. The Council will publish an annual infrastructure list detailing the infrastructure projects or types of infrastructure which the Council intends will be or

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may be, wholly or partly funded by CIL. This development is CIL liable and a CIL contribution of £96,083.39 would be generated from the development. However, this figure may be amended if further information is forthcoming, and it may also be subject to an application for exemption.

Conclusion

7.37. It is concluded that there is little appreciable difference between the previously approved schemes and the current proposal in regards to the visible bulk above ground. As detailed above the proposed development would accord with the exception in paragraph 145 g) of the NPPF as it would be located on previously developed land and not have a greater impact on the openness of the Green Belt than the existing development, and the extant permissions which could still be built. Therefore it is considered that the proposed replacement dwelling would not detract from the character and appearance of the locality and would not result in significant harm to the openness and visual amenity of the Green Belt.

7.38. Accordingly, the proposal would be compliant with the requirements of the NPPF in respect of Green Belt, Local Plan policies and Core Strategy policies.

8. Recommendation Permission be GRANTED subject to the following conditions:

1. The development hereby permitted shall be begun before the expiration of three years

from the date of this permission. Reason: To comply with Section 91(1) of the Town and Country Planning Act 1990 as amended by Section 51(1) of the Planning and Compulsory Purchase Act 2004.

2. The development hereby permitted shall be carried out and completed in all respects strictly in accordance with the submitted documents and plan numbers L743_P(0)003 Rev D, L743_P(0)001 Rev E, Drg no. L743_P(0)200 Rev E , L743_P(0)200 Rev E , L743_P(0)210 Rev D - Car Port, L743_P(0)220, L743_P(0)221 Rev E ,L743_P(0)099 Rev E, L743_P(0)100 Rev E, L743_P(0)101 Rev E, L743_P(0)102 Rev E , L743_P(0)110 Rev D, L743_P(0)500, L743_P(0)500 Rev E, L743_P(0)300 Rev D - A - A, L743_P(0)301 Rev D - B - B, L743_P(0)302 Rev D - C - C, Drg no. L743_P(0)303 Rev D - D - D, Arboricultural Planning Integration Report and landscape plan AR-3940 TPP-191125 plan contained within the application and no variations shall take place. Reason: To accord with the terms of the submitted application and to ensure minimal impact on local amenity and the environment in accordance with Mole Valley Core Strategy policy CS14 and Mole Valley Local Plan policy ENV22.

3. The landscaping scheme indicated on the approved plans shall be carried out in the first planting season after commencement of the development, unless otherwise agreed in

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writing by the Local Planning Authority, and shall be maintained for a period of 5 years. Such maintenance shall include the replacement of any trees and shrubs that die.

Reason: To ensure the provision and maintenance of trees, other plants and grassed areas in the interests of visual amenity and in accordance with Mole Valley Local Plan policy ENV25 and policies CS14 and CS15 of the Mole Valley Core Strategy.

4. No development shall take place, including any works of demolition, until a ConstructionMethod Statement has been submitted to, and approved in writing by, the Local Planning Authority. The approved statement shall be adhered to throughout the construction period. The statement shall provide for: i. the parking of vehicles of site operatives and visitorsii. loading and unloading of plant and materialsiii. storage of plant and materials used in constructing the developmentiv. the erection and maintenance of security hoarding including decorative displays andfacilities for public viewing, where appropriate v. wheel washing facilitiesvi. measures to control the emission of dust and dirt during constructionvii. a scheme for recycling/disposing of waste resulting from demolition and constructionworks

Reason: The Local Planning Authority is satisfied that it is fundamental to the development permitted to address this issue before development commences and that without this safeguard planning permission should not be granted, and to protect the amenities of neighbouring residential properties in accordance with Mole Valley Local Plan policy ENV22.

5. In this condition ‘retained trees’ means an existing tree which is to be retained inaccordance with the approved plans and schedule; and paragraphs (a) and (b) below shall have effect until the expiration of 5 years from the date of occupation of the building for its permitted use.

(a) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be pruned other than in accordance with the approved plans and schedule, without the approval, in writing, of the Local Planning Authority. Any pruning approved shall be carried out in accordance with the current British Standard 3998 (Tree Work - Recommendations).

(b) If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such a size and species, and shall be planted at such time, as may be specified in writing by the Local Planning Authority.

Reason: In the interests of visual amenity and to ensure the retention of trees which enhance the existing character of the locality in accordance with Mole Valley Local Plan policies ENV25 and ENV53, and Core Strategy policies CS14 and CS15.


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8. Before any above ground works commence, details of the hard surfacing to be usedwithin the site shall be submitted to and approved in writing by the Local Planning Authority. The details shall indicate either porous materials or the provision of a direct run-off from the hard surface to a permeable or porous area. All hard surfacing shall be carried out in accordance with the approved details, completed prior to the first occupation of the development hereby permitted and thereafter, permanently retained as such.

Reason: To preserve the visual amenity of the area and prevent the increased risk of flooding, in accordance with Mole Valley Local Plan policy ENV25 and policies CS14 and CS20 of the Mole Valley Core Strategy.

9. The recommendations set out within the applicant's ecological survey from AAenvironmental ecology dated March 2018 and submitted in support of the application shall be carried out in full before the development is occupied and the applicant should be required to work only in strict accordance with the biodiversity compensation and enhancement measures as detailed within the above referenced letter of report.

Reason: To safeguard the ecological interest of the site in accordance with Mole Valley Local Plan policy ENV15 in accordance with policy CS15 of the Mole Valley Core Strategy and the National Planning Policy Framework.

10. Notwithstanding the provisions of the Town and Country (General PermittedDevelopment) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no extensions within Schedule 2, Part 1, Classes A, B, or C to any dwelling hereby permitted shall be erected.

Reason To control any subsequent enlargements in the interests of the visual and residential amenities of the locality, in accordance with Mole Valley Local Plan policy ENV22 and policy CS14 of the Mole Valley Core Strategy [and to restrict the enlargement of dwellings in this rural area in accordance with Mole Valley Local Plan policy RUD7].

11. Notwithstanding the provisions of the Town and Country Planning (General PermittedDevelopment) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no windows, dormer windows, glazed openings, or roof lights other than those expressly authorised by this permission shall be constructed.

Reason: To control any subsequent enlargements in the interests of the visual and residential amenities of the locality in accordance with Mole Valley Local Plan policy ENV22 and policy CS14 of the Mole Valley Core Strategy [and to restrict the

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enlargement of dwellings in this rural area in accordance with Mole Valley Local Plan policy RUD7].

12. No part of the garage hereby permitted shall be used for habitable accommodation.

Reason: To prevent the garage being converted into living accommodation in conflict with Mole Valley Local Plan policy RUD9.

13. Notwithstanding the provisions of the Town and Country (General PermittedDevelopment) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no building or enclosure, swimming or other pool, within Schedule 2, Part 1 Class E, shall be carried out on the land the subject of this planning permission.

Reason: To protect the character and amenities of this rural area, in accordance with the advice contained in the National Planning Policy Framework [Mole Valley Local Plan policy [ENV3] [RUD19] and policy CS14 of the Mole Valley Core Strategy.

14. Prior to occupation of the dwelling herby permitted, all demolished materials from theexisting building on the application site shall be removed from the site.

Reason: To prevent an additional dwelling on this site which lies within a rural area in which a policy of restraint is applied in accordance with Mole Valley Local Plan policy RUD8 and policy CS1 of the Mole Valley Core Strategy.

15. No development shall take place until details of the existing ground levels of the site,the proposed finished levels of the ground, the ground floor slab level of each building, and the finished levels of any access road and driveway showing their relationship with the existing levels of the immediately adjoining land and buildings, have been submitted to and approved, in writing, by the Local Planning Authority. The development shall be carried out in accordance with the approved levels.

Reason: The Local Planning Authority is satisfied that it is fundamental to the development permitted to address this issue before development commences and that without this safeguard planning permission should not be granted and to protect the amenities and privacy of adjoining properties in accordance with Mole Valley Local Plan policy ENV22.

16. Before above ground works commence, surface water drainage details shall besubmitted for the approval in writing by the Local Planning Authority. Such details shall include an assessment of the potential for the disposal of surface water by means of a sustainable drainage system in accordance with the principles set out in the National Planning Policy Framework.

The assessment shall provide information of the design storm period and intensity (typically a 1 in 100 year storm of 30 minutes duration with an allowance for climate change), the method employed to delay and control the surface water discharged from the site and the means to prevent pollution of the receiving groundwater and/or surface water. Where applicable, the details shall include infiltration tests, calculations and controlled discharge rates. If the development is to discharge water into the ground in any form, then a full BRE Digest 365 infiltration test (or falling head test for deep bore

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soakaways) will have to be submitted to the Local Planning Authority prior to commencement of any works on site. The suitability of infiltration methods should be verified (i.e. possible contaminated ground).

The approved drainage scheme shall be implemented prior to the first occupation of the development.

Reason: The Local Planning Authority is satisfied that it is fundamental to the development permitted to address this issue before development commences and that without this safeguard planning permission should not be granted and, in the interests of sustainable development, in accordance with the advice contained in the National Planning Policy Framework and policy CS20 of the Mole Valley Core Strategy.

17. The emptying of the swimming pool shall only take place overnight and during dryperiods and the discharge rate shall be controlled such that it does not exceed a flow rate of 5 litres per second into the public sewer network.

Reason: to prevent the risk of flooding or surcharging. 18. Details of all external lighting shall be submitted and approved prior to the installation

on the site.

Reason: To protect the amenities of the locality, including the amenities of neighbouring residential properties, in accordance with Mole Valley Local Plan policy ENV57 and policy CS14 of the Mole Valley Core Strategy.

Informatives

1. The applicant is reminded that the demolition and construction stage of the proposeddevelopment may give rise to problems of smoke pollution and/or noise, which will depend on the measures taken to control such potential problems. It is, therefore, strongly recommended that you contact the Council's Environmental Health Department at an early opportunity in order to discuss appropriate measures to be adopted for control of burning, noise and other potential problems for neighbouring residents

The applicant is advised that under the Control of Pollution Act 1974, construction work which will be audible at the site boundary will be restricted to the following hours:- 8.00am - 6.00pm Monday to Friday 8.00am - 1.00pm Saturday with no working at any times on Sundays and Bank Holidays.

2. Bats are protected under the Wildlife & Countryside Act 1981 and subsequent legislationand it is an offence to deliberately or recklessly disturb them or damage their roosts. (Potential habitats) Trees should be inspected before any works commence and if the presence of bats is suspected advice will need to be sought from the Natural England on 0300 060 3900. Further advice on bats is available from The Bat Conservation Trust on 0345 1300 228.

3. Birds may be found nesting in trees, hedges and associated plants such as Ivy,especially between March and September. All wild birds are protected by law under the wildlife & Countryside Act 1981 and it can be an offence to intentionally disturb, injure or kill a nesting bird or to take, damage or destroy an occupied nest or a viable egg. If nesting birds are discovered, works on the trees should be deferred until the nests are abandoned.

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4. In the interests of sustainability and the reduction of waste your attention is drawn to thedesirability of recycling building materials wherever possible. The demolition or dismantling of structures on the site should be considered as part of the development process to maximise the reuse or recycling of materials rather than disposal as waste. For further information about re-use and recycling of building materials, the applicant is advised to ring the Surrey County Council Contact Centre on 03456 009009.

5. The clearance of vegetation by burning is likely to give rise to problems of smokenuisance. The applicant is therefore encouraged to remove such green waste from the site in order that it may be recycled through composting, chipping, waste to energy transfer (alternatively, logging) or other similar processes.

6. Attention is drawn to the importance of complying with all tree related conditions in full.If any difficulties are experienced in complying with the conditions or any alterations to the conditions are proposed, you should contact the Council's Tree Officer without delay. Non compliance with the conditions may result in enforcement action or other legal proceedings to rectify the matter.

7. The development is likely to offer some opportunities to restore or enhance biodiversity;such measures are in line with the NPPF, will assist the Local Planning Authority in meeting their duty under the Natural Environment and Rural Communities (NERC) Act 2006 and also help offset any localised harm to biodiversity caused by the development process. Guidance on suitable measures is set out in Surrey Wildlife Trust's letter dated 23.04.20 which can be viewed on the Council's website.

8. The applicant is advised that there are public sewers crossing the site and that nobuilding works will be permitted within 3 metres of the sewers without Thames Water's approval. Should a building-over diversion application form, or other information relating to Thames Water's assets be required, the applicant is advised to contact Thames Water Development Services on 0845 850 2777.

9. The applicant is advised that the approval of details and/or samples required bycondition(s) is subject to a fee, details of which may be viewed on the Council's website under the planning pages.

The fee may cover more than one condition where the details are submitted at the same time. Where subsequent submissions are made, a further fee will be payable per individual submission. The fee should be paid at the time of submission of the formal request.

PLEASE NOTE that this approval process may take up to 8 weeks from the date of the request. Applicants are therefore advised to submit requests in a timely manner.

10. While development is underway, safe public access must be maintained along thepublic bridleway and public footpath at all times. Drivers should be reminded that public users have the right of way. There are to be no obstructions on the public right of way at any time, this is to include vehicles, plant, scaffolding or the temporary storage of materials and/or chemicals. Should the applicant feel they are unable to ensure public safety while work is underway, a temporary closure may be necessary. A minimum of 3 weeks’ notice must be given and there is a charge. Please contact the Rights of Way Access Officer if this is required. Access along a public right of way by contractors’ vehicles, plant or deliveries can only be done if the applicant can prove that they have a vehicular right. The applicant must consult with Countryside Access should they propose any change to the surface of the right of way The Council confirms that in assessing this planning application it has worked with the

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applicant in a positive and proactive way, in line with the requirements of the National Planning Policy Framework 2019.

11. It is recommended that should any common reptiles be discovered be discovered duringconstruction, which are likely to be effected by the development, works shall cease immediately. The developer will then seek the advice of a suitable qualified and experienced ecologist and works will only proceed in accordance with the advice they provide.

12. It is the responsibility of the developer to ensure that the electricity supply is sufficient tomeet future demands and that any power balancing technology is in 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 and connector types.

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