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Waverley Borough Council Committee System - Committee Document

Meeting of the Development Control Committee held on 28/01/2003
APPENDIX B - CENTRAL AREA DEVELOPMENT CONTROL SUB-COMMITTEE 4TH DECEMBER AND 15TH JANUARY 2003




Central 49
APPENDIX B

WAVERLEY BOROUGH COUNCIL

CENTRAL AREA DEVELOPMENT CONTROL SUB-COMMITTEE
4TH DECEMBER 2002 AND 15TH JANUARY 2003

REPORT TO THE MEETING OF THE DEVELOPMENT CONTROL
COMMITTEE ON 28TH JANUARY 2003

PART I - Reports containing recommendations for decision by the Committee

A. APPLICATIONS FOR PLANNING PERMISSION

Your Sub-Committee has considered applications for planning permission, as listed in the agenda for its meetings on 4th December 2002 and 15th January 2003, and has dealt with these in accordance with the approved Scheme of Delegation. The following applications were referred to the Development Control Committee for decision:-

A.1WA02/1780
Mr and Mrs D Williams
02.09.02
Erection of a replacement dwelling and studio/log store at Houndmere House, Houndown Lane, Thursley
Grid Reference:E: 489145 N: 139616
Parish:Thursley
Ward:Elstead, Peperharow and Thursley
Development Plan:MGB, AONB, AGLV - outside settlement
Highway Authority:Not yet received - to be reported orally
County Rights of Way Officer recommends informatives
Drainage Authority:No requirements
Parish Council:The Council have no comment. Please refer to previous comments (view on WA01/2364 - no objection)

Relevant History

WA98/0294Erection of a new dwelling and garage facilities following the demolition of the existing dwelling
Refused
14.04.98
Appeal Lodged
Withdrawn
20.11.98
WA01/2364Erection of extensions and alterations together with a detached garage and studio/log store
Permitted
07.03.02
Not yet implemented - extant


Description of Site/Background

Houndmere House is a two storey detached property measuring 189.92 square metres in habitable floor area located in a remote position to the west of Thursley Road, accessed by a driveway (Houndown Lane). Attached to the house is a single carport and workshop/outbuilding measuring 102.08 square metres. These buildings are in a poor state of repair.

To the south of the dwelling, adjacent to the boundary with Old Potters, are two single storey detached ancillary buildings - a log store and a timber building identified on the plans as a “studio”. These measure a total of 44 square metres. There is a private lake within the grounds to the east of these buildings.

A public footpath runs from Houndown Lane across the applicant’s land to the east of the house.

Permission was granted under WA01/2364 for extensions to the existing property amounting to a net increase of 75 square metres in habitable floor area or 40% over the original dwelling. In addition, a detached garage and workshop and detached studio and log store were also permitted. These developments have not been implemented.

The Proposal

The application includes three elements:-

(a) The erection of a two storey detached dwelling measuring a total of 265.92 square metres in floor area. It would measure 4.5 metres to the eaves and 7.5 metres to be ridge. It would be sited upon the same position as the existing dwelling and the existing dwelling would be demolished.

(b) The demolition of attached non-habitable outbuildings measuring a total of 56.04 square metres and the erection of a detached garage and workshop area of 55 square metres. This building would measure 2.3 metres to the eaves and 6 metres to the ridge and be positioned upon the east side of the dwelling, replacing the existing buildings.

(c) The demolition of the existing detached studio and log store and their replacement by a single storey pitched roof timber building of 45 square metres to provide a new log store and studio. The studio would feature a terrace/deck upon the lake side facing elevation. The building would measure 2.6 metres to the eaves and 5.5 metres to ridge.

Submissions in Support

In support of the proposal, the agents have put forward the following main arguments:-

Relevant Policies

Surrey Structure Plan 1994 - Policies PE2 and PE7

Waverley Borough Local Plan 1993 - Policies GB1, RE1 and HS7

Waverley Borough Replacement Local Plan 1999 - Policies C1, C3 and RD2A

Main Planning Issues

The site is located within the Green Belt, an Area of Outstanding Natural Beauty and an Area of Great Landscape Value outside of any settlement. The principal issues are as follows:-
Your Sub-Committee accordingly
Reasons Informative 1. Standard Rights of Way informative.

A.2WA02/1555
Mr and Mrs Morton-Morris
1.8.02
Erection of a replacement dwelling and outbuildings following demolition of existing dwelling and outbuildings (resiting of dwelling approved under WA01/1871) at Warren Hill Farm, Elstead Road, Peperharow, Godalming (as amplified by letter dated 25.9.02 and amended and amplified by letter dated 7.11.02 and plans received 11.11.02)
Grid Reference:E: 492560 N: 144351
Parish:Peperharow
Ward:Elstead, Peperharow and Thursley
Development Plan:MGB, AONB, AGLV – outside settlement - Replacement Local Plan
Highway Authority:No requirements
Drainage Authority:Environment Agency: Recommends conditions and informatives
Parish Council:No comment received

Relevant History

HM/R 15812Caravan for agricultural worker
Refused
5.5.66
HM/R 20203 (b)Erection of agricultural worker’s dwelling
Permitted
12.7.72
HM/R 21640Erection of agricultural worker’s bungalow of 175 sq m
Permitted
8.8.73
WA85/1528Addition of sunroom of 18 sq m
Permitted
19.11.85
WA95/0909Occupation of dwelling without compliance with agricultural occupancy condition
Certificate of
Lawfulness
Granted
1.9.85
WA95/0910Use of land as a haulage contractor’s yard
Certificate of
Lawfulness
Refused
1.9.95
P43/16/2Enforcement action to secure cessation of haulage contractor’s use and removal of ancillary development. Notice issued 14.11.95
Appeal withdrawn
16.12.96
WA97/1601Erection of replacement dwelling following demolition of existing dwelling and outbuildings
Refused
21.11.97

WA98/0026Erection of a replacement dwelling with garaging, stables and swimming pool building following demolition of existing dwelling and outbuildings
Permitted
12.3.98
Not implemented
- extant
WA99/1044Erection of a replacement dwelling with garaging and swimming pool building, following demolition of existing dwelling and outbuildings (size of dwelling = 329 square metres)
Refused
8.10.99
Appeal Dismissed
9.3.00
WA00/2000Erection of a replacement dwelling and outbuildings
Refused
8.3.01
WA01/0779Erection of a replacement dwelling with garaging, stables and swimming pool building following demolition of existing dwelling and outbuildings
Withdrawn
24.5.01
WA01/1871Erection of a replacement dwelling and outbuildings following demolition of existing dwelling and outbuildings
Permitted
9.8.02
subject to legal agreement

Description of Site/Background

Warren Hill Farm is situated in a rural area on the northern side of Shackleford Road approximately one mile to the east of Elstead village.

The application site is a flat-topped hill of 12 hectares which rises from a low point of about 50 metres in the south-west corner to the plateau at 85 metres. The south, west and north sides of the hill are steep and thickly covered with trees while the tree cover is thinner on the east side where the slope is more gentle.

In about 1970, a pig farm was started in about 12 hectares of woodland on a hillside facing southwards and most of the centre of the site was cleared of trees, although the woodland around the boundaries was retained. In 1973, a Guildway bungalow of 175 square metres was permitted and an extension of 18 square metres was permitted in 1985.

Until recently, there was a number of outbuildings upon the site, some of which were associated with the former pig farm use, which had a total floor area of 190 square metres. Most of these buildings have been demolished.

In March 1998 (under reference WA98/0026) permission was granted for a replacement dwelling and outbuildings. This permission has not been implemented but remains extant. Following dismissal on appeal of WA99/1044 for a materially larger dwelling than WA98/0026, the site has been sold to new owners.

Planning permission was refused under reference WA00/2000 for a replacement dwelling of 259.62 square metres on grounds that the proposal would have conflicted with the Council’s policy in respect of replacement dwellings.


Permission was subsequently granted for a two storey replacement dwelling of 245.28 square metres in August 2002. This is subject to a legal agreement that requires the non-implementation of the original appeal approval (WA98/0026) should the permission be implemented. The latest permission (WA01/1871) has not been implemented and is extant.

The Proposal

Permission is sought for the demolition of the existing dwelling and outbuildings and the erection of a replacement dwelling and outbuildings.

Specifically, the proposal would involve:-

Submissions in Support

In support of the scheme, the agent has put forward the following points:-

“This proposal seeks no changes to the architectural details of WA01/1871 nor to the setting down of the buildings by 900 mm, as shown on drawing numbers 26c, 30a and 32a. The application does, however, propose the following amendments to the siting of buildings and structures:-

the main house and outbuildings moved 11 metres north of the locations submitted – refer to drawing numbers 35 and 36 which show the approved and proposed layouts respectively for comparative purposes;
four trees within the northern group to be removed and five trees of the main group to the south are to be reinstated;

the residential curtilage has been amended to reflect the new siting of the buildings, walled garden and kitchen garden; however, it is drawn tightly around the buildings in accordance with the approved scheme; and

the driveway to the east has been slightly realigned to ensure the retention of a mature yew tree which is required to be removed to implement WA01/1871.

Relevant Policies

Surrey Structure Plan 1994 – Policies PE2 and PE7

Surrey Structure Plan (Deposit Draft) 2001 – Policies LO6 and SE6

Waverley Borough Local Plan 2002 – Policies C1, C3 and RD2A

Main Planning Issues

The principal issues are:-

Clearly, since the floor area, bulk and massing are unchanged, it is arguable that this scheme would not cause greater harm from an overall size point of view. In the officers’ view, the currently proposed scheme would be better sited than the extant scheme since the central group of trees would be retained. In wider landscape

views, it is considered that the revised siting would not be materially intrusive. The proposal would still be set further back from the plateau edge than the dwelling approved under WA98/0026.

Conclusions

Whilst the proposal conflicts with Local Plan Policy RD2A regarding replacement dwellings, and therefore most up to date Green Belt policies, the officers consider that, in this case, very special circumstances exist to justify supporting the scheme. The proposal would be of equivalent size, but materially less intrusive than extant permissions WA98/0026 and WA01/1871 and would constitute a benefit in terms of landscape impact. Subject to a new legal agreement to ensure the prior revocation of WA98/0098 and the recent approval WA01/1871, it is considered that permission should be granted for this revised submission. However, having regard to the conflict with Policy RD2A, the application would need to be determined by the Development Control Committee since the proposal represents a departure from the development plan.

Your Sub-Committee accordingly

1. Standard approval of materials (4.4)

2. Standard levels (4.2)

3. Standard demolition of existing (3.2) - *(one month)

4. Standard restriction on permitted development (11.1)

9. Following construction works, the land adjacent to the basement shall be relevelled to accord with plans which have the prior written approval of the Local Planning Authority to ensure that the basement area is not externally visible.
A.3WA02/1702
Mr P A Ormerod
30.8.02
Erection of a replacement dwelling following the demolition of the existing dwelling on land at Little Grange, Hascombe Road, Busbridge, Godalming
Grid Reference:E: 499307 N: 140812
Parish:Busbridge
Ward:Busbridge Hambledon & Hascombe
Development Plan:MGB, AONB, AGLV, SNCI, outside settlement area
Highway Authority:No requirements
Drainage Authority:No requirements
Parish Council:No comment received
Consultations:Surrey County Council Conservation Group
No ecological concerns
Recommend contacting English Nature
Surrey Wildlife Trust
Do not consider the proposal will have an adverse impact on the SNCI providing care is taken to ensure construction materials and building work do not impinge on the SNCI.
Recommend a bat survey is carried out before permission is considered. It is an offence to kill, capture, disturb the animal, or to damage or destroy a breeding site or resting place of such an animal. If evidence of bats is found it will be necessary to contact English Nature for advice.

Relevant History

WA00/2282Erection of extensions and alterations
Permitted
18.6.01
Not yet implemented
- extant

Description of Site/Background

Little Grange is a two storey detached property measuring 292.53 square meters in habitable floor area. The existing house and surrounding out-buildings are located in the north-eastern corner of the site.

An unconstructed public footpath runs along the eastern boundary. This path leads to Winkworth Arboretum. The roof of Eden House to the east, beyond the path, can be seen from the development site. Parts of High Leybourne Lodge, to the south, can be viewed from the development site, across Hascombe Road. No other buildings can be viewed from the site of the proposed replacement dwelling.

Permission was granted under WA00/2282 for extensions to the existing property amounting to a net increase of 127.42 square metres, 46.78% over the original dwelling. This permission has not been implemented and remains extant.

The Proposal

The application is to demolish the existing house and to erect a new dwelling identical to the approved extended dwelling granted under WA00/2282.

It is proposed for the new dwelling to have a total floor area of 429.39 square metres. The new building is to be sited in approximately the same position as the existing building and have a maximum ridge height of approximately 8.4 metres and eaves height of approximately 4.9 metres above the ground level.

Submissions in Support

In support of the proposal, the agents have put forward the following arguments:-

“It is clear from the original grant of planning permission for the alterations and extensions to the dwelling that the Local Planning Authority found no objections to the proposal insofar as the impact on any adjoining residents nor did they find any impact in relation to the area in general, nor do they find any adverse implications so far as the relevant policies of the adopted Local Plan are concerned. Having regard to the fact that the proposal will be on the same footprint as existing, together with the area of the proposed extensions, that the finished elevational detailing will be identical to that previously approved by yourselves and that the layout of the dwelling will also be identical to that previously approved then, it is our submission that there could be no objection to a proposal involving the demolition of the existing house and its subsequent replacement in the manner proposed.”

Relevant Policies

Green Belt
Surrey Structure Plan 1994 – Policy PE2
Surrey Structure Plan (Deposit Draft) – LO4
Local Plan 2002 – Policies C1 & RD2A

Area of Outstanding Natural Beauty & Area of Great Landscape Value
Structure Plan – Policy PE7
Structure Plan (Deposit Draft) – Policy SE8
Local Plan – Policy C3

Sites of Nature Conservation Importance
Structure Plan – PE8
Structure Plan (Deposit Draft) – SE7
Local Plan – Policy C10

General Amenity
Local Plan – Policies D1 and D4

Main Planning Issues

The site is located within the Green Belt, an Area of Outstanding Natural Beauty and an Area of Great Landscape Value, outside of any settlement. The principal issues are as follows:-

(a) compliance with the policy for replacement of dwellings within the countryside;

(b) the relevance of extant permission WA00/2282 (in respect of this site) and WA02/1049 (in respect of Hazel Hill, Hambledon Road) and whether these proposals can be regarded as very special circumstances to justify setting aside Green Belt policy;

(c) compliance with Green Belt and landscape protection policies in respect of residentially-related outbuildings.

Replacement Dwelling Policy

The property has a current habitable floor area of 292.53 square metres.

The proposed dwelling would measure a total of 429.39 square metres resulting in an increase of 136.86 square metres or 46.78% over the existing (and original) dwelling. Policy RD2A indicates that a proposal in excess of 10% over the existing dwelling will be regarded as inappropriate development.

Moreover, the proposal would result in a maximum ridge height approximately 200mm above the existing dwelling. The proposal would result in a materially larger dwelling and significantly conflict with Policy RD2A and Green Belt policy.

The Relevance of Permissions WA00/2282 and WA02/1049

Notwithstanding the above, the officers consider that the extant permission for extensions to the house under WA00/2282 is material to the assessment of the current scheme. The current proposal would be identical in its siting, form, size, massing and design to the approved scheme. It would be difficult to argue that the proposed scheme would cause greater harm to the amenity or openness of the Green Belt than the permitted proposal.

Additionally, the permission granted under WA02/1049 in respect of Hazel Hill is considered to be relevant. Members may recall consenting to this scheme subject to a legal agreement that no further extensions be added to the replaced dwelling. Furthermore, permission has also been recently granted under WA02/1780 for another similar proposal, using the Hazel Hill example as precedent.

It is considered that, subject to the same form of agreement, the scheme could be supported as an acceptable form of replacement dwelling within the Green Belt.

Your Sub-Committee accordingly

RECOMMENDS that

1. Standard approval of materials (4.4)

2. Standard levels (detailed permission) (4.2)

3. Standard demolition of existing (3.2) - *(one month)

4. Standard restriction on permitted development (1.1)

5. The loft void and basement areas of the dwelling hereby permitted shall only be used for ancillary domestic storage purposes and for no other purpose, including habitable accommodation, without prior written consent of the Local Planning Authority.

6. Prior to the commencement of the development hereby permitted, a drawing of the proposed extent of the residential curtilage of the new dwelling shall first be submitted to and approved by the Local Planning Authority.

7. Standard landscape scheme (25.9)
8. Standard protected species (17.1) - *(bats) *(roosts)

9. The garage hereby permitted shall not be used for habitable accommodation without the prior written consent of the Local Planning Authority.

Reasons

1&2 Standard (RC11)

3. In the interests of Green Belt policy pursuant to Policy PE2 of the Surrey Structure Plan 1994, Policy LO6 of the Surrey Structure Plan (Deposit Draft) 2001 and Policy C1 of the Waverley Borough Local Plan 2002.

4&5 In the interests of the Green Belt policy and having regard to the increase in accommodation permitted by this permission in comparison with the existing dwelling, pursuant to Policy PE2 of the Surrey Structure Plan 1994, Policy LO6 of the Surrey Structure Plan (Deposit Draft) 2001 and Policies C1 and RD2A of the Waverley Borough Local Plan 2002.

6&9. In the interests of Green Belt policy pursuant to Policy PE2 of the Surrey Structure Plan 1994, Policy LO6 of the Surrey Structure Plan (Deposit Draft) 2001 and Policy C1 of the Waverley Borough Local Plan 2002.

7. Standard (RC11)

8. Standard (RC17)

Background Papers (DoP&D)

There are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report.

PART II - Matters reported in detail for the information of the Committee

There are no matters falling within this category.

PART III - Brief summaries of other matters dealt with

Background Papers

The background papers relating to the following report items are as specified in the agenda for the meeting of the Central Area Development Control Sub-Committee.

B. PLANNING APPEALS

B.1 Appeals Lodged

The Council has received notice of the following appeal:-
6.2 Appeal Decisions
B.3 Inquiry Arrangements

Your Sub-Committee has noted information on Public Inquiry Arrangements for its planning appeals.

C. ENFORCEMENT ACTION - Current Situation

Your Sub-Committee has noted reports on the current situation regarding enforcement and related action previously authorised.

comms/development control/2002-03/051 33601