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Waverley Borough Council Committee System - Committee Document

Meeting of the Area Planning Committee (Central) held on 02/01/2008
Agenda




To: All Members of the PLANNING COMMITTEE (CENTRAL AREA)
(Other Members for Information)


Fax No: 01483-523475
Your ref:
Our ref:
When calling please ask for: Fiona Cameron
Direct line: 01483 523226
E-Mail: fcameron@waverley.gov.uk
Date: 18th December 2007

Membership of the Planning Committee (Central Area)
Cllr B A Ellis (Chairman)Cllr S N Reynolds
Cllr B J Morgan (Vice Chairman)Cllr A E B Taylor-Smith
Cllr Mrs E CableCllr Ms J R Thomson
Cllr S P ConnollyCllr K Webster
Cllr N P HolderCllr R A Welland
Cllr P J MartinCllr Mrs L Wheatley
Cllr T E MartinCllr A Wilson


Dear Councillors

A meeting of the PLANNING COMMITTEE (CENTRAL AREA) will be held as follows:-

DATE: WEDNESDAY 2ND JANUARY 2008

TIME: 6.00PM


The Agenda for the meeting is set out below.

Yours sincerely


MARY ORTON
Chief Executive

NOTE FOR MEMBERS

Members are reminded that Contact Officers are shown in each report and members are welcome to raise questions, etc. in advance of the meeting with the appropriate officers.
AGENDA


1. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN

To elect the Chairman and Vice-Chairman of the Committee.


2. APOLOGIES FOR ABSENCE

To receive any apologies for absence.


3. DISCLOSURE OF INTERESTS

To receive from Members declarations of personal and prejudicial interest in relation to any items included on the Agenda for this meeting in accordance with the Waverley Code of Local Government Conduct.


4. QUESTIONS BY MEMBERS OF THE PUBLIC

The Chairman to respond to any questions received from members of the public of which notice has been given in accordance with Procedure Rule 10.


5. APPLICATIONS FOR PLANNING PERMISSION

5.1 Site inspections arising from this meeting

In the event of site inspections being necessary, as a result of consideration of the applications before this meeting, these will be held on Wednesday 23rd January 2008 at a time to be agreed at the meeting.

5.2 Applications for planning permission

To consider the reports at SCHEDULE B attached.


6. EXCLUSION OF PRESS AND PUBLIC

To consider the following recommendation on the motion of the Chairman:-

Recommendation

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 from the meeting during consideration of the following item on the grounds that it is likely, in view of the nature of the business to be 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 the revised Part 1 of Schedule 12A to the Local Government Act 1972 viz:-

Item 7

Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings (paragraph 5).


7. LEGAL ADVICE

To consider any legal advice relating to any applications in the agenda.

For further information or assistance, please telephone Fiona Cameron, Democratic Services Officer, on 01483 523226 or fcameron@waverley.gov.uk
G:\bureau\comms\Area Planning Committees\Eastern and Central\002 Agenda (Central) 020108.doc

INDEX OF APPLICATIONS
AREA PLANNING COMMITTEE (CENTRAL AREA)
2nd January 2008

PAGE NO.
ITEM
PLAN REFLOCATION
Part A Applications subject to Public Speaking
Part BApplications not subject to Public Speaking
1
B1
WA/2007/2020Change of use of land to allow for the storage of motor vehicles for a temporary period of three years at Land at Moushill Mead, Lower Moushill Lane, Milford GU8 5EA

\\TITAN\General\bureau\comms\Area Planning Committees\Eastern and Central\004 INDEX FOR Central 020108.doc
CENTRAL PLANNING COMMITTEE 7

SCHEDULE “B” TO THE AGENDA FOR THE
CENTRAL PLANNING COMMITTEE
2ND JANUARY 2008

Applications not subject to public speaking.

Background Papers (DoP&D)

Background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report are listed under the “Representations” heading for each planning application presented, or may be individually identified under a heading “Background Papers”.

The implications for crime, disorder and community safety have been appraised in the following applications, but it is not considered that any consideration of that type arises unless it is specifically referred to in a particular report.


B.1WA/2007/2020Change of use of land to allow for the storage of motor vehicles for a temporary period of three years at land at Moushill Mead, Lower Moushill Lane, Milford, GU8 5EA
Ian White - Guildford Mazda
06/09/2007
Grid Reference:E: 494159 N: 142195
Parish:Witley
Ward:Milford
Case Officer:Mr R Pearmain
8 Week Expiry Date01/11/2007
Neighbour Notification Expiry Date19/10/2007
Neighbour Notification Amended/Additional Expiry DateNA
RECOMMENDATIONThat permission be REFUSED

Location or Layout Plan


Site Plan (not to scale).

Site Description

The 0.08-hectare site (outlined in red) is located on the northern side of Portsmouth Road in Milford and included part of a private driveway, which leads up to a dwelling called Moushill Mead and Lower Moushill Lane. Directly to the south west of the site are a number of storage containers and lock up garages.

At the time of the site visit (on the 26/09/07) 27-parked Mazda cars were located on the site.


Photos showing the parked Mazda cars along the south east boundary of the site, which back onto Lantern Cottage, Foxcombe Cottage and Wood Cottage.


Photos showing more parked Mazda cars within the site.


Photos showing the storage containers and lock up garages.

Proposal

The proposal is a retrospective application for temporary consent for a period of three years for the change of use of the site (outlined in red) to allow for the storage of motor vehicles. The proposal does not propose the removal of trees or any physical alterations to the site.

The proposal is accompanied with a Supporting Planning Statement.

Relevant Planning History

WA/1999/1595Erection of three dwellings and a detached garage block.
Refused
17/12/1999
Appeal Dismissed
17/08/2000
WA/1996/0622Application for a Certificate of Lawfulness for the continued use of the site as a builders yard (as amplified by letter dated 07/06/96).
Appeal Allowed
05/03/1998
WA77/1285Established Use Certificate in respect of the use of the land for the storage of building materials
Withdrawn
WA77/1284Erection of a detached three bedroom bungalow ( Outline )
Refused
01/12/1977
WA77/1283Use of specified land for the storage of military vehicles and engines, being in the nature of collectors items
Full Permission
20/01/1977

Development Plan Policies and Proposals

Policies LO4, SE4 and SE8 of the Surrey Structure Plan 2004
Policies C1, C3, D1 and D4 of the Waverley Borough Local Plan 2002
Policies CC10a, CC12, C2 and C3 of South East Plan (Draft Submission to Government) 2006

Planning Policy Constraints

Green Belt
Surrey Hills AONB & AGLV
Wealden Heaths I SPA 5km
Wealden Heaths I SPA 1km
Wealden Heaths I SAC 2km
Footpath
SPAD

Consultations and Town/Parish Council Comments

Witley Parish Council – No objection subject to strict adherence to limited hours of usage.

Surrey County Highways – No objections on safety, capacity or policy grounds.

Representations

2 letters of objection to the proposal from West Cottage and Lantern Cottage raising the following issues / concerns:

Application is a retrospective application as site has been used for the storage of motor vehicles since 2002 / 2003,
Noise and disturbance from the revving of car engines, car alarms, security gates and car doors being open and shut at all hours of the week including Saturdays and Sundays,
Exhaust fumes for cars,
Crime and safety reduced with the storage of motor vehicles within close proximity to residential dwellings.

Determining Issues

Inaccuracies,
Principle of Development,
Site History,
Supporting Documentation,
Character of the Area,
Amenities,
Highways,
Sustainability

Planning Considerations

Inaccuracies

It is noted that the Site Plan within the Supporting Planning Statement does not tally with the Site Plan or Location Plan used to validate the application. For clarification Officers will determine the application against the Site Plan or Location Plan used to validate the application.

Principle of Development

The site is located within the Metropolitan Green Belt, where there is a general presumption against inappropriate development unless very special circumstances exist.

The storage of motor vehicles does not fall within the categories of appropriate development as set out in PPG2 – Green Belts.

The development is therefore inappropriate development in the Green Belt, which by definition is harmful. Very special circumstances must exist to outweigh the harm for permission to been granted.

Site History

From the planning history of the site, part of the site benefits from a Certificate of Lawfulness for the continued use as a builders yard, which was permitted at appeal on the 05/03/1998 under WA/1996/0622, another part of the site has a lawful use for the storage of military vehicles and engines, which was permitted under WA/1977/1283 on the 20/01/1977 and remaining another parts of the site are unspecified - no planning history. Both the WA/1977/1283 permission and the WA/1996/0622 Certificate of Lawfulness are material planning considerations when determining this planning application.

Officers note that the site has been used for the storage of motor vehicles by the Mazda Garage for approximately 3 years and that directly to the south west of the site are a number of storage containers and lock up garages (see photos above).

The WA/1977/1283 permission for use of specified land for the storage of military vehicles and engines is controlled by a number of conditions. These conditions include a personnel condition stating the current owner of the site (Mr Ide) is the only person to exercise the permission, that the site shall only be used for the storage or vehicles and engines forming collectors items and shall at no time be used for the display or sale of such items, that the site shall be marked out and fence in accordance with the approved plan and that no trees shall be felled, topped or lopped.

Supporting Documentation

The applicant has submitted a supporting planning statement, which gives a background to the business operations run by the Mazda Garage, which is located on Portsmouth Road. It is noted that the Mazda Garage is located 300m away from the entrance into the site. The applicant states in the supporting planning statement the off site storage is a fundamental part of the business operation, that storage away from the garage would uneconomical and would generate long unsustainable traffic movements.

The only information supplied by the applicant in regards to the lawful uses of the site is the two decision notices and site plans. No photographs or additional information in regards to the number of military vehicles or engines, which were previously on the land have been supplied.

Character of the Area

As mentioned above, the site is located within the Metropolitan Green Belt, an AONB and an AGLV. Policy C1 states that there is a general presumption against inappropriate development unless very special circumstances exist.

The storage of motor vehicles does not fall within the categories of appropriate development as set out in PPG2 – Green Belts and therefore very special circumstances must exist for permission to been granted. In this case the critical test is to assess whether the proposed use would be materially more harmful to the openness of the Green Belt or the landscape character of the AONB or the AGLV than the current lawful uses of the site.

It is noted that neither the certificate of lawfulness for the buildings yard or the permission for the storage of military vehicles and engines specified the amount of vehicles, engines or storage allowed to be store on site at any given time. Therefore the principle of the change of use for the storage of motor vehicles could be materially less harmful than the certificate of lawfulness for the builders yard or the permission for the storage of military vehicles and engines, subject to specific conditions and the site not extending beyond the existing areas with consents for the storage of military vehicles / engines and a builders yard.

However Officers do note that the proposed area of land does extend further than the existing areas with consents for the storage of military vehicles / engines and a builders yard, as the red line also includes the driveway into the site and an additional small section of land. Both these areas have been outlined in black on the site plan below. If permission were to be granted, the applicant would be able to park motor vehicles along and on these sections. Officers noted that no very special circumstances exist for the change of use for the storage of motor vehicles for the areas outside the existing areas with consents for the storage of military vehicles / engines and a builders yard.

The economic viability or location of the garage does not represent very special circumstances that out weight the strict national and local policies that apply to the Green Belt, AONB and AGLV, nor has the applicant demonstrated why the additional sections of land are required or undertaken a comprehensive assessment of other suitable locations / sites for the storage of motor vehicles.


Site Plan (not to scale).

As the proposed red line of the site extends beyond the existing areas with consents for the storage of military vehicles and a builders yard, Officers consider the proposed change of use to be inappropriate development within the Green Belt without very special circumstances, which would have a detrimental impact onto the openness of the Green Belt and the landscape character of the AONB or the AGLV.

Concern has also been raised in regards to crime and safety in relation to the nearby dwellings (West Cottage, Lantern Cottage, Foxcombe Cottage and Wood Cottage) with the storage of motor vehicles being within close proximity to residential dwellings and gardens. The objection from Lantern Cottage, states that burglars tried to enter the site via the gardens of Lantern Cottage in 2003.

Officers raise concern that if permission were granted for the storage of expensive motor cars, applications for security gates, fences and floodlights would follow to reduces the incidence and fear of crime. Officers note that these potential additions would represent inappropriate development and would be detrimental impact onto the openness of the Green Belt and the landscape character of the AONB or the AGLV.

Amenity

Policies D1 & D4 of the WBLP 2002 seeks to protect the amenities of occupants of buildings.

The objectors have raised concerns regarding the noise and disturbance from the revving of car engines, car alarms, the opening and closing of the security gates and car doors being open and shut at all hours of the week including Saturdays and Sundays and car exhaust fumes.

The applicant’s supporting planning statement states that on average there are approximately 16 vehicles on site. This figure may rise to 30 during peak periods between March and September. At the time of the site visit on the 26/09/07, the proposed site was occupied by 27-parked vehicles. The supporting planning statement goes on to state that typically the vehicles are stored for 1-3 days, which generates a maximum of 2-3 vehicles movements per day and that generally when one vehicles is brought to the site another one is taken away.

Given these figures, Officers calculate that there could be a potential maximum of 30 cars movements per day / 210 cars movements per week / average 30 car movements per day (maximum average) or a minimum of 0 cars movement per day / 34.9 cars movements per week / 4.9 car movements per day (minimum average). Both the maximum and minimum average car movements figure exceeds the 2-3 vehicles movements per day as stated by the applicant.

It is noted that neither the certificate of lawfulness for the buildings yard or the permission for the storage of military vehicles and engines specified the amount of vehicles, engines or storage allowed to be store on site at any given time or the number of vehicle movements per day. Therefore the principle of the change of use for the storage of motor vehicles could be materially less harmful to the general amenities of the nearby occupiers than the certificate of lawfulness for the builders yard and the permission for the storage of military vehicles and engines, subject to specific conditions controlling the number of vehicles on the site at any given time and the hours of vehicle movements.

However as the proposed red line of the site extends beyond the existing areas with consents for the storage of military vehicles and a builders yard, the proposal is considered to be materially more harmful to the general amenities of the nearby occupiers, as vehicles could be store along the driveway and on the additional section of land, thus increasing more noise and disturbance to the nearby occupiers than the existing consents for the storage of military vehicles and a builders yard.

Highways

Surrey County Council Highways have not raised objection to the proposal on safety, capacity or policy grounds.

Conclusion

Overall the proposal is considered to be unacceptable, as the proposed red line of the site extends beyond the existing areas with consents for the storage of military vehicles and a builders yard. Officers consider the proposed change of use of these areas to be inappropriate development within the Green Belt without very special circumstances, which would have a detrimental impact onto the openness of the Green Belt, the landscape character of the AONB or the AGLV and the general amenities of the nearby occupiers..

RECOMMENDATION: That permission be REFUSED for the following reasons:

1. The proposal conflicts with national, strategic and local planning policy advice regarding Green Belts set out in Policy LO4 of the Surrey Structure Plan 2004 and Policy C1 of the Waverley Borough Local Plan 2002. There is a general presumption against inappropriate development and development which adversely affects the openness of the Green Belt. The proposed development does not comply with the requirement of those policies.

2. The site lies within the Surrey Hills Area of Outstanding Natural Beauty within which the area's distinctive landscape character and natural beauty is to be conserved and enhanced. The proposal is inconsistent with this aim and conflicts with the national, strategic and local policy guidance and advice set out in Policy SE8 of the Surrey Structure Plan 2004 and Policy C3 of the Waverley Borough Local Plan 2002.

3. The site lies within an Area of Great Landscape Value within which the landscape character is to be conserved and enhanced. The proposal is inconsistent with this aim and conflicts with national, strategic and local policies set out in Policy SE8 of the Surrey Structure Plan 2004 and Policy C3 of the Waverley Borough Local Plan 2002.

4. The proposed change of use for the storage of motor vehicles would materially detract from the openness of the Green Belt, the landscape character of the AONB andAGLV and the general amenities of occupiers in neighbouring dwellings in conflict with Policies LO4, SE4 and SE8 of the Surrey Structure Plan 2004 and Policies C1, C3, D1 and D4 of the Waverley Borough Local Plan 2002.


comms/central/07-08/001