Minutes of the Joint Planning Management Committee 28.11.07 : Council on 11/12/2007

Waverley Borough Council Committee System - Committee Document

Meeting of the Council held on 11/12/2007
Minutes of the Joint Planning Management Committee 28.11.07

Joint Planning Management Committee 29
28.11.07

WAVERLEY BOROUGH COUNCIL

MINUTES OF THE MEETING OF THE JOINT PLANNING MANAGEMENT
COMMITTEE – 28TH NOVEMBER 2007

SUBMITTED TO THE COUNCIL MEETING – 11TH DECEMBER 2007

(To be read in conjunction with the Agenda for the Meeting)

*	Cllr C R Baily	*	Cllr Mrs D M James
*	Cllr M H W Band		Cllr Mrs C A King
*	Cllr Mrs G M Beel	*	Cllr Ms D M-R Le Gal
*	Cllr M W Byham	*	Cllr Dr N Lee
*	Cllr Mrs E Cable		Cllr A Lovell
*	Cllr Mrs C Cockburn	*	Cllr P J Martin
	Cllr S P Connolly	*	Cllr T E Martin
*	Cllr J H B Edwards	*	Cllr S J O’Grady
*	Cllr B A Ellis		Cllr S L Pritchard
*	Cllr Mrs P Ellis	*	Cllr J R Sandy
	Cllr Mrs L J Fleming		Cllr Mrs C E Savage
*	Cllr R D Frost	*	Cllr J M Savage
*	Cllr Mrs P M Frost		Cllr R J Steel
*	Cllr R J Gates	*	Cllr A E B Taylor-Smith
*	Cllr M R Goodridge	*	Cllr Ms J R Thomson
	Cllr Mrs J P Hargreaves	*	Cllr A P Thorp
*	Cllr S L Hill		Cllr J A Ward
*	Cllr N P Holder		Cllr Mrs N Warner-O’Neill
	Cllr J P Hubble	*	Cllr K Webster
*	Cllr S R E Inchbald	*	Cllr R A Welland
*	Cllr D C Inman	*	Cllr Mrs L Wheatley
*	Cllr P B Isherwood	*	Cllr C A Wilson

* present

17. MINUTES

The Minutes of the Meeting held on 14th November 2007 were confirmed and signed.

18. APOLOGIES FOR ABSENCE

Apologies for absence were received from Cllrs Mr Connolly, Mrs Fleming, Mrs Hargreaves, Mr Hubble, Mrs King, Mr Lovell, Mr Pritchard, Mrs Savage and Mr Steel.

19. DISCLOSURE OF INTERESTS

The following Councillors declared a personal interest in application WA/2007/1962:

Cllr Mrs P A Frost, as a Surrey County Councillor and County Council member of the SCC Waverley Local Committee.

Cllr N P Holder, as a member of Witley Parish Council.

Cllr D C Inman, as Waverley Executive member with Portfolio responsibility for the local economy.

Cllr P J Martin, as he is the Executive Member for Environment on Surrey County Council, including responsibility for the Transportation Development Control Department.

Cllr R A Welland, as he lives in the vicinity of the application site.

Cllr Mrs Wheatley, as she had had a past professional relationship with Mrs Mason, who would be speaking on behalf of the Tuesley Farm Campaign.

The Councillors remained in the meeting during the consideration and voting of this item.

PART I - RECOMMENDATIONS TO THE COUNCIL

There were no matters falling within this category.

PARTS II AND III – MATTERS OF REPORT

Background Papers

The background papers relating to the following reports in Parts II and III are as specified in the Agenda for the meeting of the Joint Planning Management Committee.

Part II – Matters Reported in Detail for the Information of the Council

16. LAND AT TUESLEY FARM, TUESLEY LANE, GODALMING - WA/2007/1962

[Bramley, Busbridge & Hascombe and Witley & Hambledon]

Erection of up to 20ha of polytunnels on a rotational basis within defined areas on the 190ha agricultural holding at land at Tuesley Farm, Tuesley Lane, Godalming GU7 1UG as amended and amplified by plan DHA/558/001 received 17.10.07, statement of clarification dated 12.10.07, e-mail dated 21.10.07, letter dated 7.11.07 and drainage documents received 27.11.07.

Members had had an opportunity to visit the application site on 14th November 2007. At the Joint Planning Management Committee meeting held later the same day, Members had then had an opportunity to hear presentations and representations from, and ask questions of, the planning officers, the applicant, and interested parties including Natural England, Surrey Wildlife Trust, SEEDA, CPRE, National Farmers’ Union, Friends of the Earth, parish councils, the Tuesley Farm Supporters Campaign, and the Tuesley Farm Campaign.

The original Planning Officer’s report, circulated to Members for the meeting on 14th November, had been supplemented by a further update report circulated to Members on 26th November, and a brief update report tabled at the meeting on 28th November. In their presentation to Members, Planning Officers drew attention to the key issues that had arisen since the Technical Briefing on 14th November including, inter alia, amendments to the applicant’s master plan (affecting Field 17); confirmation from the Government Office of the South East that the view of the Secretary of State was that the application should be determined locally; draft Heads of Terms of the Section 106 Agreement; and, the Environment Agency’s report on drainage matters which recommended five additional conditions relating to flood risk from surface water drainage, pollution potential and biodiversity ecology.

In accordance with the guidance for public participation at meetings, the following representations were made in respect of the application and were duly considered:

Mrs Isobel Mason, Tuesley Farm Campaign – Objector
Mr Christopher Harrison – Busbridge Parish Council
Mr John Anderson – Hambledon Parish Council
Mrs Rosy Lander – Witley Parish Council
Mr David Kay - Applicant

Following a full and detailed discussion, it was RESOLVED:

1) That planning permission be GRANTED for the erection of polytunnels, of the type depicted in the submitted Landscape Drawing 6 and consisting of hoops, legs and plastic coverings, as described at paragraph 23 of the Planning Inspectorate’s decision letter of 15 December 2005 under references APP/R3650/C/04/1160262 and APP/R3650/C/04/1160263, ONLY on the fields marked white and numbered 1a – 18b (for the avoidance of doubt field 9, not shown on the numbered plan, is excluded) shown on submitted plan DHA/558/001 Rev. E (the “Landscape Masterplan”) SUBJECT FIRST to the applicant securing by a legal agreement, to be entered into within 6 months of the date hereof and at the applicant’s cost including those costs reasonably incurred by the Council:

(i) The requirements of the conditions attaching to this grant of planning permission;
(ii) A landscape management plan, including long term design objectives, management responsibilities, maintenance schedules and implementation plan. The management plan shall address a period of ten years from the commencement of the development, and shall include measures for:

(a) The phased thinning of the windbreak planting bordering Footpath 162;
(b) The phased thinning of the windbreak planting bordering Footpath 161 and Station Lane;
(c) The restriction in the height of the windbreak planting within and around Field 19 and bordering Field 17, and between fields 22 and 23 and fields 24 and 25;
(d) A commitment to restrict other windbreak planting on the farm to 5.5 metres high.

(iii) The proposed permissive footpath/cycle route (“Quiet Lane”), the access arrangements from the public highway and the surfacing of the route and its long term management and public access arrangements; and
(iv) The restricted coverage of the polytunnels to Fields 1a – 18b (for the avoidance of doubt field 9, not shown on the numbered plan, is excluded); to no more than 20 hectares of coverage at any one time; the seasonal removal of all polytunnels; and the prohibition of the use of any cloches or raincovers or any polythene sheeting used to cover crops on the land unless that sheeting is below the height of 300mm as measured above the land surface.

and the permission shall be GRANTED SUBJECT to the following conditions:

1 Condition

Notice shall be given in writing to the Local Planning Authority of the commencement of the development hereby permitted. Such notice shall be addressed to the Chief Planning Officer of the Council and shall be delivered not more than fourteen days following the commencement of the development.

Reason

To achieve certainty as to the nature of any development carried out on the land.

2 Condition

Landscape mitigation shall be provided in accordance with the Landscape Masterplan shown on drawing no. DHA/558/001 Rev. E. The development hereby permitted shall not commence until a planting scheme has been submitted for approval in writing by the Local Planning Authority with respect to the proposed woodland blocks, hedges, hedgerow trees and wildflower seeding in the locations shown on the Landscape Masterplan. The planting scheme shall be carried out as approved by the Local Planning Authority (which approval may constitute, or include, the Authority’s direction to amend the proposed scheme). If the planting scheme is not carried out within one year of the commencement of the development or within 6 months of the written approval of the planting scheme, whichever is the later, all polytunnels shall be permanently removed from the land

Reason

In the interests of the character and amenity of the area and to accord with policies LO4, SE4 and SE8 of the Surrey Structure Plan 2004 and policies D1, D4, C1, C3 and LT11 of the Waverley Borough Local Plan 2002.

3. Condition

Development shall take place only in accordance with the Landscape Proposals described in the Landscape Statement prepared by David Huskisson Associates (August 2007).

Particularly,

a) Not more than 20 hectares of the land shall be covered with polytunnels, or any part or parts thereof excepting the legs, at any time, for which purposes any uncovered hoops in a row shall be measured from the first to the last to be included in this coverage
b) No polytunnels or any part or parts thereof shall be erected on land not within those fields 1a – 18b (for the avoidance of doubt field 9, not shown on the numbered plan, is excluded) to which this permission relates;
c) No polytunnels or part or parts thereof shall be erected on land except where sited and located strictly in accordance with the siting criteria and buffer zones depicted on Landscape Drawing 3 (Drawing No. DHA/558/003 Rev E.).

Reason

Condition

Not later than 30 November in any calendar year, the applicant (or its successor in title to the parcel of land in question, as the case may be) shall apply in writing to the Local Planning Authority for its approval of a proposed scheme for the siting and rotation of polytunnels for the following year. The application shall be delivered to the Chief Planning Officer of the Authority. The scheme shall be implemented as approved or amended by the Local Planning Authority, save that where no approval or amendment to the proposed scheme is given in writing by the Local Planning Authority within eight weeks of its delivery, the scheme shall be implemented as proposed.

Reason

Condition

No polytunnel or any part of any polytunnel, with the exception of the legs adjoining raspberry or blackberry crops, or as otherwise may be agreed in writing with the Local Planning Authority, shall remain erected on the land between 1 November and 31 January (inclusive) each year.

Reason

There shall be no variation to the design or appearance of any polytunnel without the prior written approval of the Local Planning Authority.

Reason

Condition

The permissive footpath/cycle route (“Quiet Lane”) as shown on drawing DHA/558/001 Rev. E (the “Landscape Masterplan”) shall be provided in accordance with that plan. The development hereby permitted shall not commence until the details of the provision of the footpath/cycle route, including its timetable for completion and the commencement of public access, have been submitted for approval in writing by the Local Planning Authority. The footpath/cycle route shall be provided as approved. If the footpath/cycle route is not provided within one year of the commencement of the development or within 6 months of the written approval of the details of its provision, whichever is the later, all polytunnels shall be permanently removed from the land.

Reason

Condition

A plan showing the location and drainage calculations demonstrating the volume of proposed areas for surface water attenuation shall be submitted to and approved by the Local Authority before the polytunnels are relocated on site in accordance with the approved rotation system.

Reason

To ensure surface water can be attenuated on site and runoff offsite (if any) is at greenfield rate and in accordance with Waverley Borough Local Plan 2002 Policy D1. (The Environment Agency asks to be consulted on these details when submitted)

9 Condition

The Proposed drainage shall be operated at all times in accordance with the surface water Flood Risk Assessment dated August 2007 Ref: P:\Tuesley Fm drainage (5714)\Drain Appraisal r0.3.doc and additional information submitted the EA by email on 27/11/07, letter ref: P:\HHP Tuesley Fm drainage (5714)\EA response let.doc and spreadsheet: Initial Storm Design using EA-DEFRA Guidance.

Reason

To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal and in accordance with Waverley Borough Local Plan 2002 Policy D1 .

10 Condition

The existing beetlebanks and hedgerows shall be permanently maintained, as shown on Landscape Drawing 4 Rev E submitted to the EA on 28/11/07 unless otherwise agreed in writing with the LPA.

Reason

To provide an additional means of surface water attenuation on site and in accordance with Waverley Borough Local Plan 2002 Policy D1 . (The Environment Agency asks to be consulted on these details when submitted)

11 Condition

No surface water containing pollutants such as sediment, fertilisers, pesticides or other solids, shall be allowed to enter any watercourse.

Reason

To prevent pollution of the water environment including the wet woodland of the Site of Nature Conservation importance and in accordance with Waverley Borough Local Plan 2002 Policies D1 and D5.

12 Condition

A buffer zone 8 m. wide measured from the bank top of each side of the Shadwell Brook shall be permanently maintained and allowed to naturally regenerate with plants of native species of local provenance.

Reason

To ensure the habitat value of the watercourse and wetland is maintained and in accordance with Waverley Borough Local Plan 2002 Policies D1and D5.

SUMMARY OF REASONS FOR GRANTING PERMISSION

The development hereby granted on the fields marked white and numbered 1a – 18b (for the avoidance of doubt field 9, not shown on the numbered plan, is excluded) shown on submitted plan DHA/558/001 Rev. E (the “Landscape Masterplan”) has been assessed against the following Development Plan policies. Policies LO4, SE4, SE6, SE7, SE8, SE9, DN2 and DN13 of the Surrey Structure Plan 2004 and Policies D1, D4, D5, D7, D14, C1, C3, C7, C10, C11, HE14, LT11, rD9, RD10, M2, M4 of the Waverley Borough Local Plan 2002, and material considerations, including third party representations. It has been concluded that the development hereby authorised would not result in harm that would justify refusal in the public interest.

2) That planning permission be REFUSED for the erection of polytunnels on the land other than on the fields marked white and numbered 1a – 18b (for the avoidance of doubt field 9, not shown on the numbered plan, is excluded) shown on submitted plan DHA/558/001 Rev. E (the “Landscape Masterplan”) for the following reasons:

Reason

Policies SE 8 of the Surrey Structure Plan 2004 and C3 of the Waverley Borough Local P 2002 state that the council will seek to protect, conserve and enhance the landscape character within area designated as an Area of Great landscape Value. Development inconsistent with this aim will not be permitted unless proven national interest and lack of alternative sites have been demonstrated. The protection of these areas extends to the visual amenities of the areas. The erection of poly tunnels on the fields shown green on plan DHA/558/001 Rev E would cause material detriment to the visual amenity of the area and would not in any way conserve or enhance the landscape character. Neither national nor very special circumstances have been demonstrated to the Council in favour of the development on the fields shown green on the plan.

2 Reason

Policy RD10 of the Waverley Borough Local Plan 2002 states that permission will only be granted for agricultural related development if it does not significantly detract from the character of the rural landscape. The location, scale, design, colour and materials should be appropriate to the character and appearance of the surrounding area. The erection of polytunnels on the fields shown green on plan DHA/558/001 Rev E would by reason of the large area of coverage by polytunnels and their permanent appearance in the landscape significantly detract from the character and appearance of the rural landscape. The location, scale, design and materials proposed would be inappropriate to the character and appearance of the surrounding area.

Reason

The erection of polytunnels on the fields shown green on plan DHA/558/001 Rev E would result in a loss of general amenity for nearby residents and highway users contrary policies D1 and D4 of the Waverley Borough Local Plan 2004.

Part III – Brief Summaries of Other Matters Dealt With

17. EXCLUSION OF PRESS AND PUBLIC

At approximately 9.00 p.m. it was

RESOLVED that pursuant to Procedure Rule 20 and in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded during the meeting during consideration of the following item on the grounds that it is likely, in view of the nature of the business transacted or the nature of the proceedings, that if members of the public were present during the item there would be disclosure to them of exempt information (as defined by Section 100I of the Act) of the description specified in Paragraph 5 of Part I of the revised Schedule 12A to the Local Government Act 1972, namely :-

Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

18. WA/2007/0901 - 6A–8 WRECCLESHAM ROAD, FARNHAM, SURREY GU9 8TZ (Agenda Item 7 (Exempt) Appendix - circulated separately on 20/11/07)

RESOLVED that the recommendation set out in the (Exempt) report, circulated under separate cover on 20th November 2007, be agreed.

The meeting commenced at 7.00 p.m. and concluded at 9.25 p.m.

Chairman

Comms/jpmc/2007-08/027