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Waverley Borough Council Committee System - Committee Document

Meeting of the Central Area Development Control Sub Committee held on 04/08/2004
Agenda



AGENDA

1. MINUTES

To confirm the Minutes of the Meeting held on 30th June 2004 (to be laid on the table half an hour before the meeting).

2. APOLOGIES FOR ABSENCE AND SUBSTITUTIONS

To receive apologies for absence and to report any substitutions.

3. DISCLOSURE OF INTERESTS

To receive from members, in relation to any items included on the agenda for this meeting, disclosure of any interests which are required to be disclosed by Section 94(1) of the Local Government Act 1972 and in accordance with the Waverley Code of Local Government Conduct.

4. QUESTIONS BY MEMBERS OF THE PUBLIC

5. OBJECTION TO TREE PRESERVATION ORDER (NO 5/2004) ON LAND AT 22 CATTESHALL LANE, GODALMING
[Ward Affected: Godalming,
Farncombe and Catteshall]
To consider the report at Appendix A, attached.

6. SITE INSPECTIONS

6.1 Application for Consideration following Site Visit

At its meeting on 30th June 2004, the Sub-Committee deferred consideration of the under-mentioned planning application to inspect the site in question. The site inspection was scheduled for 8th July 2004 and the report on the application is submitted for the Sub-Committee’s consideration.

In considering the report, the attention of the Sub-Committee is drawn to the decision of the Planning Committee, endorsed by the Council, that if an application is deferred to enable a site inspection to be held, there should be no further deferments for a second or further site inspection.

WA/2004/0748Erection of 23 dwellings comprising a mix of flats and houses including 8 affordable dwellings with associated garages and ancillary works at Land at Reris Grange, Portsmouth Road, Milford (Amended by plans received 9.6.04)
Headfird Developments
05/04/2004
Grid Reference:E: 494550 N: 142530
Parish :Witley
Ward :Milford
Development Plan :Rural settlement within the Green Belt
Highway Authority :Recommend conditions
Drainage Authority: Recommend conditions
Parish Council:Objection - overdevelopment and lack of appropriate parking (double parking not acceptable).
Consultations:Surrey Bat Group – Update bat report addresses concerns in original comments.
Representations:Five letters of objection on the following grounds:-
1. 3 storey development is not acceptable;
2. over-dominant;
3. loss of privacy;
4. yew hedge should be retained;
5. concerns over security and vandalism;
6. traffic generation;
7. more of the trees should be protected;
8. inadequate parking provision;
9. loss of habitat;
10. dwelling has already been gutted;
11. no green traffic plan has been submitted;
12. there has been insufficient planning gain from the development, with affordable housing only being provided and to the minimum requirement;
13. proposal ignores low-density residential area policies in that it will involve increase in density;
14. loss of trees will have significant impact – visually and as a noise barrier;
15. light pollution.
Letter of support from Godalming and District Chamber of Commerce:-
      Wish to encourage provision of “low cost key worker housing”.
WA76/1175Erection of bungalow
Refused
22.10.76
WA78/0563Erection of bungalow
Refused
7.6.78
WA80/1280Use of existing extension as separate dwelling
Permit
3.11.80
WA81/1104Erection of bungalow
Refused
18.8.81
Appeal Dismissed
15.7.82
WA97/0322Erection of extensions
Permitted
10.4.97
WA02/1259Outline application for the erection of 24 dwellings comprising 12 two bed apartments, 4 four bed houses, 3 three bed houses and 5 two bed houses
Appeal Decision:
Appeal Dismissed
Appeal Date
20.1.03
WA02/2004Outline application for the erection of 24 dwellings comprising 14 two bed apartments, 4 four bed houses, 3 three bed houses and 3 two bed houses
Refused
Decision Date
16.1.03
Appeal Decision
Appeal Dismissed
Appeal Date
3.2.03
WA03/0600Outline application for the erection of 23 dwellings comprising 12 two bed apartments, 4 four bed houses, 5 three bed houses and 2 one bed flats with associated parking and garages
Permit
09/03/04
Appeal against non-determination withdrawn
WA03/1889Full application for the erection 23 dwellings comprising 12 two bed apartments, 4 four bed houses, 3 three bed houses, 2 two bed houses and 2 one bed flats with associated parking and garages
Pending decision

Description of Site/Background

Reris Grange is located on the east side of the Milford by-pass, approximately 130 metres to the north of the traffic lights at the Elstead Road. It is a substantial Victorian house which was divided vertically into two units in about 1947. In 1980, permission was granted for an ancillary annex to be used independently from Reris Grange West.

The three dwellings occupy a site with a combined area of 0.59 hectares. The site is roughly rectangular, with access located centrally within the 57 metre wide frontage to the by-pass road.

The site is very well screened along its boundaries with mature hedging and trees, which have been protected by an unconfirmed tree preservation order covering the whole site. A number of trees are also individually protected by confirmed orders.

Members will note that two applications for similar form of development were dismissed at appeal and that outline consent was granted on 9th March, following the completion of a legal agreement to ensure the provision of affordable dwellings on the site.

The Proposal

The current application is a full submission, as the proposals do not entirely comply with all the conditions imposed on the outline consent (WA03/0600 refers).


The layout of the development remains essentially the same, with two blocks of flats located one to each side of the access point from Portsmouth Road. Further into the site is a row of six houses, with a further three dwellings and a block of three flats located across the rear of the site. Parking is provided mainly by way of open spaces, of which there would be 28, together with two garages, one for two cars and the other for three vehicles. Four dwellings would also have integral garages.

Submissions in Support

Provides a wide range of housing in an existing mature landscape.
Provides appropriate mix of private and affordable housing.
Dwellings carefully located to retain as many of the existing trees as possible.
Create secure, well-defined public and private spaces.
External appearance draws from Surrey vernacular.

The applicants’ agent and the Mount Green Housing Association have written to say that it is important that planning approval is obtained as soon as possible in order to secure grant funding. If there is a delay grant funding could be withdrawn and given to another project in a different borough.

Relevant Policies

Policies RU1, DP3, PE9 and PE10 of the Surrey Structure Plan 1994
Policies LO4, SE3, SE7, DN10, DN11 and DN12 of the Surrey Structure Replacement Plan (Deposit Draft) 2002
Policies RD1, D1, D4, D7, H4 and H5 of the Waverley Borough Local Plan 2002

Main Planning Issues

The principle of development on this site has been established though the grant of outline consent. The main issue for consideration is whether the proposed form of development is appropriate for the area. The impact on surrounding development and on trees in and around the site is of particular importance.

Impact on surrounding development

The conditions of the outline consent were very specific in terms of the form of development and whilst the proposed development does not fully comply with them, they are nevertheless a useful device for making a judgement on the acceptability of the current scheme.

Condition 3 required the buildings shown as comprising Units 1-6 and 16-18 to not exceed 2 storeys in height. The building shown as comprising Units 19-23 shall have an eaves height not exceeding 4 metres and a central ridge height not exceeding 10 metres. Units 7-15 shall be of two storeys with ridge heights not exceeding 9 metres.

The submitted drawings show buildings of 2 storeys, although the height of the building comprising Units 1-6 has a ridge height of 11.4 metres and 6.7 metres to the eaves. This is higher than usual for a 2 storey building, but it is felt that as the building is set over 10 metres from the boundary with Nos 7 and 8 Hurst Farm Close, the visual impact would not be materially harmful. The building comprising Units 16-18 at the rear of the site is lower at 10 metres to the ridge and is considered to comply with the terms of the condition.


Units 19-23 are contained within the building located to the south of the access. This building drew the greatest criticism from the Inspector, who found that it would have a materially harmful impact on the amenity of dwellings in Badgers Cross. He said “in the case of appeal A the apartment block would be 2 storeys in height and in the case of appeal B the apartment block would be one and half to the eaves, rising to 3 storeys in the centre. In either case, the apartment block would be around 10 metres from the nearest dwellings in Badgers Cross, whose rear gardens are orientated towards it. ... I acknowledge that in the case of appeal B its lower profile design would be less harmful than in the other case”.

Arising from these comments, the outline application showed the building to be set a minimum of 15 metres from the nearest dwelling and with a one a half storey eaves levels nearest the boundary. The building now proposed is located 15 metres from the nearest dwelling in Badgers Cross and has an eaves height of 4 metres on its southern most elevation, rising to a central ridge height of 10.9 metres. The central ridge is 0.9 metres higher than that proposed in the outline permission, but as this part of the building is located some 25 metres from the nearest dwelling, it is not considered that it would be materially harmful to amenity.

Finally, Units 7-12, which comprise a terrace of houses, are proposed to have ridge heights of between 10.5 metres and 8.7 metres, with the central part of the terrace having the lower ridge line, giving the building some articulation. Unit 12 is closest to the rear boundary with a garden length of 12.5 metres. The dwellings in George Road, which have long rear gardens of 38 metres or more, giving a dwelling-to-dwelling distance of over 50 metres. It is therefore not considered that the proposed buildings would appear overbearing or over-dominant to the occupants of dwellings in George Road. The dwellings comprising Units 13-15 are of two storeys with a ridge height of 8.1 metres, and would comply with the condition.

Condition 5 sought to ensure that there would be no opportunities for overlooking into adjoining properties. It said “There shall be no windows or other openings formed within the roof slopes on the north-eastern elevations of Units 7-12 nor within the south-eastern elevations of Units 13-15”. 2 small roof lights are shown within the northerly roof slope of Unit 11. These serve a bathroom and a stairwell and are positioned high in the roof so that there would be no opportunity for future residents to look out of these windows. It is noted that it is proposed to insert a window at the second floor to Unit 8. These would serve a bathroom and a store and would be conditioned to be non-opening and obscurely glazed.

Impact on trees

The position of the buildings is largely the same as that agreed at the time of the outline application. Where there are changes, the buildings have moved further away from protected trees and it is therefore considered that there would be no direct impact on the retention of the more important trees on the site, providing there would be adequate protection during demolition and construction.

Condition 4 was imposed to ensure there would be no main windows facing directly towards the canopies of any of the major trees on the site. It said “ The building comprising Units 19-23 shall have no window openings on the north-west elevation and no windows above the ground floor on the south-west elevation, the building comprising Units 1-6 shall have living room windows facing to the south west and south east only, the building comprising Units 16-18 shall have no living room windows on the south west or south east elevations, other than as may be agreed with the local planning authority”


Units 19-23 contain windows on the north-west elevation, serving a kitchen and bathroom to Units 20, 2 and 23 and the living room of Units 19 and 21. Officers are concerned that, having regard to the proximity of the canopy of an oak and a lime on the western side of the site, there may be pressures in the future to cut back or fell these trees. The applicant has therefore been requested to consider revising the internal layout of Units 19 and 21. Units 1-6 and 16-18 comply with the condition.

Visual amenity

The Inspector had regard to this issue in 2003 when he found the provision of two low profile apartment blocks of three storeys would integrate well with the site and complement its surroundings. The proposed buildings at the front of the site will be visible through the canopy of the trees on the Portsmouth Road frontage. However, the screen is substantial and it would be only the upper parts of the building that would be readily apparent.

Affordable housing

Under Policy H5 of the local plan, a minimum of 25% affordable housing is sought which would lead to a requirement of six dwellings. As with the previous schemes, it is proposed to provide eight affordable dwellings, which would comply with Policy H5. These would be in Units 16-18 and 19-23 and would comprise 3 two-bed flats in shared ownership and 3 two-bed flats and 2 one-bed flats available for rent. Officers consider that this reflects local needs in the village.

Conclusions

Officers would remind Members that whilst the current application may not comply with all conditions imposed on the outline consent, it is nevertheless a full application and should be determined as it stands in its own right. Comparisons with the conditions have been made only to put the current proposals in context with what has been already been approved. Whilst the height of some of the buildings is greater than previously indicated, it is considered that there would be no material harm to the amenities of surrounding residential development or to the character of the area generally. There would be no harm afforded to trees on the site, subject to the changes to the layout in Units 19 and 21.

A number of issues relating to the principle of development on this site have been raised in third party representations. However, in dismissing the appeals in early 2003, the Inspector found that the redevelopment of the site was acceptable in principle and that it reflected the general aims of Policy RD1. He dismissed the appeals on matters of the impact on neighbouring dwellings in Badgers Cross and of inadequate affordable housing for appeal A. Traffic issues were also addressed and it was found that there would be no harm caused to highway safety as a result of the developments. Also, it should be noted that the site does not fall within any defined low-density residential area where an increase in density is unacceptable.

Finally, the lack of a green transport plan is not sufficient to justify refusing planning permission. Whilst developers may be encouraged to submit such a plan, it is not a requirement of any policy within the Development Plan.


SUMMARY OF REASONS FOR GRANTING PERMISSION

The development hereby granted has been assessed against the following Development Plan policies:- Policies RU1, DP3, PE9 and PE10 of the Surrey Structure Plan 1994, Policies LO4, SE3, SE7, DN10, DN11 and DN12 of the Surrey Structure Replacement Plan (Deposit Draft) 2002, Policies RD1, D1, D4, D7, H4 and H5 of the Waverley Borough Local Plan 2002 and material considerations, including third party representations. It has been concluded that the development would not result in any harm that would justify refusal in the public interest.

Recommendation

That, subject to the applicant entering into an appropriate legal agreement within six months (all costs including those of the Council to be borne by the applicant) to ensure that Units 16-18 and 19-23, as shown on drawing 0413/PO1 A, remain as low cost housing, planning permission be GRANTED subject to the following conditions:-

1. Condition
2. Condition
Reason
To safeguard the amenities and privacy of adjoining residents and to ensure the long-term protection of trees and to accord with Policies D1, D4 and D7 of the Waverley Borough Local Plan 2002.

3. Condition
Reason

4. Condition
Reason
5. Condition
Reason
6. Condition
Reason
7. Condition
Reason
8. Condition
Reason
9. Condition
Reason
10. Condition
(i) control of noise;
(ii) control of dust, smell and other effluvia;
(iii) control of surface water run off;
(iv) site security arrangements including hoardings;
(v) proposed method of piling for foundations;
(vi) construction and demolition working hours;
(vii) hours during the construction and demolition phase, when delivery vehicles or vehicles taking away materials are allowed to enter or leave the site.

The development shall be carried out in accordance with the approved scheme or as may otherwise be agreed in writing by the Local Planning Authority.

Reason
11. Condition
Reason

12. Condition
Reason
13. Condition
Reason
14. Condition
Reason
15. Condition

Reason
16. Condition
Reason
17. Condition
Reason
18. Condition
Reason
19. Condition
Reason
20. Condition
Reason
21. Condition
Reason
22. Condition
No new development shall be occupied until space has been laid out within the site in accordance with the approved plans for cars to be parked and for vehicles to turn so that they may enter and leave the site in forward gear. The parking/turning area shall be used and retained exclusively for its designated use.

Reason
23. Condition

Reason
Informatives

1. Details of the highway requirements necessary for inclusion in any application seeking approval of reserved matters may be obtained from the Transportation Development Control Division of Surrey County Council.

2. The permission hereby granted shall not be construed as authority to carry out works on the highway. The applicant is advised that a licence 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.

Site Inspections Arising from this Meeting

6.2 In the event of site inspections being necessary as a result of consideration of the applications before this meeting, these will be held on Thursday, 12th August 2004 at 8.30 a.m.

7. APPLICATIONS FOR PLANNING PERMISSION

To consider the reports at Schedules A, B and C attached. Plans and letters of representation etc will be available for inspection before the meeting.

8. PLANNING APPEALS

8.1 Appeals Lodged

The Council has received notice of the following appeal:-


Background Papers

Notification received 17th June 2004.

8.2 Appeal Decisions

WA03/2004Proposed two storey rear extension, demolition of existing garage and erection of new garage and summer house at Beckets, Red House Lane, Elstead
(ALLOWED)
WA03/1573Proposed demolition of existing bungalow and garage and erection of 11 apartments in single building with existing access, undercroft parking and associated infrastructure at 13 Shadyhanger, Godalming
(DISMISSED)
P43/17/8Appeals against 2 Enforcement Notices for the unauthorised uses of land and operational developments involving the erection of a metal fence, 2 buildings, hardstanding and track on land at Old Portsmouth Road, Thursley)
(BOTH DISMISSED AND NO
AWARD OF COSTS MADE)
P43/12/64Appeal against an Enforcement Notice for the breach of planning control at 49 Minster Road, Godalming
(DISMISSED)
WA03/1564Erection of a detached 4 bedroom 2 storey dwelling with integral garage on land at the rear of 21 Quartermile Road, Godalming
(DISMISSED)

Background Papers

Inspectorate decisions made 17th and 30th June, 8th, 14th and 15th July, 2004 respectively.

8.3 Inquiry Arrangements

21st/22nd September 2004
Council Chamber
(Public Inquiry)
Outline application for the erection of 49 one, two and three bedroomed dwellings and construction of associated access road, parking and footpath areas at Godalming College, Tuesley Lane, Godalming (WA02/1398)
30th September 2004
Committee Room 1
(Informal Hearing)
Retention of parking area, retaining walls and terracing at 2 The Hatch, Highfield Lane, Thursley (WA03/2193)
18th November 2004
Committee Room 2
(Informal Hearing)
Provision of a Velux roof terrace system and a roof light at Flat 23, Surrey Cloisters, Kings Road, Farncombe, Godalming (WA04/0103)
30th November 2004
Council Chamber
(Public Inquiry)
Erection of a pair of semi-detached dwellings at 22 Catteshall Lane, Godalming (WA03/1652)

Background Papers (CEx)

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

9. ENFORCEMENT ACTION - CURRENT SITUATION

The current situation in respect of enforcement and related action previously authorised is set out below:-


(a) Majorland Rew, Godalming Road, Loxhill, Hascombe (19.06.96 and 20.08.97)

To secure cessation of the use of the land for the stationing of residential caravans and as a contractor’s depot. Further Notices served relating to the barn, mobile home, playhouse and other matters. Appeals dismissed. Notice varied to allow retention of barn. Time for compliance expired 16.07.00 for most things. Offer of Council accommodation refused. Further PCN served. Officers visited the site on 13.05.03. Compliance not achieved. Letter sent to owner’s agent identifying breaches dated 22.05.03. Further offer of Council accommodation refused. Prosecution to follow.

(b) Croft Nursery, Hookley Lane, Elstead (15.12.99)

(c) Croft Nursery, Hookley Lane, Elstead (21.06.00)

To secure:

(a) The demolition of the unauthorised timber building and the removal of any demolition materials from the site.

Appeal against timber building dismissed. Enforcement Notice upheld. Compliance date 06.02.03 (1 year).

(b) The cessation of the use of the additional haulage area, removal of the hard standing and restoration of the land to grass.

Appeal dismissed and notice upheld in respect of additional haulage area. Compliance date 25.09.02. Site inspection has confirmed that compliance has not been achieved. Warning letter sent.

(c) The cessation of the material change of use of the site from a use by three rigid lorries to a use by six lorries and three trailers.

Appeal allowed in respect of change of use of the site to a use by six lorries and two trailers.

(d) Wareham Brickworks, Haslemere Road, Brook (17.01.01)

To secure the cessation of the use of the land for the stationing of any mobile homes or caravans and vehicles or equipment connected with this use and also remove the articulated lorry trailer. Injunction given. Enforcement Notice served. An application against refusal for temporary mobile home went to High Court on 18.12.01. One mobile home has been removed. Court Order made against planning refusal requiring the removal of the mobile home within 14 days of the dismissal of the appeal unless there was a valid challenge to the appeal decision by the appellant. Challenge was dismissed.
(e) 45 Birch Road, Farncombe (12.12.01)

To secure the removal of the balcony which has been erected at the first floor of the rear elevation of the chalet bungalow. Legal interests being established. Legal Department considering further response from owner. Enforcement notice served on 06.12.02. Compliance date 17.07.03. Witness statement being prepared.

(f) Land at The Star Public House, Milford Road, Elstead (01.05.02)

To secure the removal of a boundary fence erected in place of wall. Condition 3 of application WA01/0693 indicated that, in respect of the southern boundary of the site adjacent to Back Lane, the existing brick wall to be repaired and rebuilt. Retrospective application (WA02/0447) for the retention of the fence refused 01.05.02. New owners of property being requested to remove fence once complied with terms of original condition. Letter sent requesting removal of boundary fence. An extension granted to the current owner to arrange for the removal of the fence. Response due no later than beginning of March 2004. Meeting held with owners’ architect and new application for modified development is expected. Officers to monitor situation.

(g) Land at Beech Cottage, Hookley Lane, Elstead (10.07.03)

Retrospective planning application retention of boundary fence, refused under WA03/0214. Fence required consent following Condition 6 of WA00/0646. Applicant requested to remove fence. No response. PCN served 22.10.03. PCN reply received 11.11.03. Letter sent requesting an application for a more acceptable proposal on 05.01.04. No response received. A Final Warning letter has been sent.

(h) The Three Horseshoes, Dye House Lane, Thursley (05.02.03)

Enforcement Notice served on 28.10.03 requiring the cessation of the use of the bar/seating areas on the ground floor for anything other than a public house and, cease using the other ground floor space and first floor for any purpose which is not ancillary to the use as a public house. Remove ground floor partition. Period for compliance one year (i.e. by 28.10.04). The enforcement has been complied with and it is considered no further action is required. The Area Sub-Committee is therefore requested to agree the removal of this item from the agenda.

(i) 49 Minster Road, Godalming (17.09.03)

Detached garage not built according to approved plan (WA99/0162). PCN served 10.07.03. Reply received 14.07.03. Committee resolved to take enforcement action 17.09.03. Enforcement Notice served 10.12.03. Time for compliance: 6 months. Appeal lodged.


(j) Flat 2, Nightingale Road, Godalming (08.10.02)

Enforcement Notice served to secure removal of unauthorised decking, external steps and railing 10.12.03. Time for compliance: 3 months.

(k) Land at Old Portsmouth Road, Thursley (24.10.03)

Two Enforcement Notices served requiring cessation of non-agricultural use and removal of perimeter fence, shed buildings and hardstanding. Appeal lodged. Inquiry held on 16.06.04.

(l) Land at Hambledon House Farm, Vann Lane, Hambledon (09.02.04)

(m) Tuesley Farm, Tuesley Lane, Godalming (30.06.04)

Enforcement action authorised to secure removal of polytunnels, fences/windbreaks, mobile homes and associated engineering works. Enforcement Notice drafted.

(n) Waitrose, 11-14 Bridge Street, Godalming (04.05.04)

Consent refused for retention of non-illuminated signs. Letter sent 01.06.04 requesting removal.

Background Papers (CEX)

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

10. 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 1004(A) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following items 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 items, there would be disclosure to them of exempt information (as defined by Section 1001 of the Act) of the description specified in Paragraph 12 of Part 1 of Schedule 12A to the Local Government Act 1972, namely:-

Item 11

Any instructions to Counsel and any opinion of Counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with:-

(a) any legal proceedings by or against the authority; or

(b) the determination of any matter affecting the authority

(whether, in either case, proceedings have been commenced or are in contemplation).

11. LEGAL ADVICE

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

For further information or assistance, please telephone Jean Radley,
Senior Committee Secretary, on extension 3400 or 01483 523400
APPENDIX A
WAVERLEY BOROUGH COUNCIL

CENTRAL AREA DEVELOPMENT CONTROL SUB-COMMITTEE
4TH AUGUST 2004


Title:

OBJECTION TO TREE PRESERVATION ORDER (NO. 5/2004) - TREES
ON LAND AT 22 CATTESHALL LANE, GODALMING

[Wards Affected: Godalming Farncombe and Catteshall]

Summary and purpose:

To consider the objection to making of a Tree Preservation Order (TPO) and to determine whether the Order should be confirmed, with or without modification. The report has no direct resource implications. There are environmental benefits in retaining the trees which merit special protection.



Quality of life implications – social, environmental & economic (sustainable development):

Natural Resource Use
Pollution Prevention and Control
Biodiversity and Nature
Local Environment
Social Inclusion
Safe, Healthy and Active Communities
Local Economy
Positive
Positive
Positive
Positive
N/A
Negative
Negative

E-Government implications:

The report has no direct E-Government implications.

Resource and legal implications:

Legal implications are covered by sections 10 – 14 Human Rights implications.



Background

1. A planning application, WA03/2234, was submitted on the 5th August 2003 by Rayners (Buildings) Ltd to erect a pair of semi-detached dwellings on land adjacent 22 Catteshall Lane.

2. The above planning application was refused on the 4th February 2004. The primary reason for refusal given was that the proposal would impact on the health and long term retention of trees on and off-site.

3. The applicant has appealed against Waverley Borough Council’s refusal, which will be heard by Public Enquiry.

4. Woodland located adjacent to the east and south rising boundary of the site is designated a Surrey Hills Area of Outstanding Natural Beauty, an area of Great Landscape Value and subject to Policy BE5 – Godalming Hillsides of the Boroughs Local Plan 2002.

Introduction

5. The TPO 5/2004 was served on 21st April 2004 (see plan to Annexe 1 to this report). The Order has been made in recognition of the trees collective visual amenity within the local and wider landscape and as a temporary measure to deter indiscriminate removal prior to an appeal to the Secretary of State.

6. The new order protects all trees on land to the rear of 22 Catteshall Lane. The trees in question are highly visible within the streetscape and help maintain a buffer and soft transition from the urban area to the woodland beyond.

7. One objection has been received against this Order from Tree Management Consulting LLP on behalf of the owner Rayners (Buildings) Ltd. The objector states that there would be no advantage in the trees removal and therefore it would not be expedient to make a TPO in this case and that the Order classification is inappropriate and against the advice of the Secretary of State.

Officers’ response

8. In relation to the objectors concerns of expediency, no tree survey in accordance with British Standards 5837 ‘Trees in relation to construction’ was submitted with the application or detail of the proposed construction of amenity space. The trees are on steeply sloping ground and likely to dominate the proposed dwellings. The juxtaposition would therefore place pressure on the trees in the short and long term in the form of construction and inappropriate tree works or removal from future occupiers.

9. With regards to the classification of the Order, an ‘Area’ Order, whilst indiscriminate in that it is all inclusive regardless of species or health, is a temporary measure to provide protection prior to the decision at appeal by the Secretary of State. Following that decision it is the intention of the Council to review the ‘Area’ classification when resources allow. The Officers are of the opinion that the Order accords with the advice of the Secretary of State as contained within the DETR publication Tree Preservation Orders, A guide to the law and good practice.

Human Rights Implications

10. In deciding to confirm the Order, the Council must have regard to the protection of human rights of the objector and others affected by the decision.

11. The rights of the European Convention affected by the decision arise from:-


Article 1 of the First Protocol - right to peaceful enjoyment of possessions.

Article 8 - protection of the right to respect one’s home.

12. Both are relevant to the objection regarding trees on land within the objectors ownership.

13. The decision recommended by Officers to confirm the Order will interfere with the rights of the objector protected by those articles. However, the interference is in accordance with the law and justified in the public interest to protect trees, which have an impact on the amenity of the area.

14. The objectives of the Town and Country Planning Act 1990 are met by including measures that allow for the protection of trees. The preservation of trees is necessary to preserve the visual amenity of the area. The Order is necessary in furthering the legitimate aims of the Development Plan. To confirm the Order does not place a disproportionate burden on the owner, who retains the right to make applications for works to trees. In these circumstances the confirmation of the Order is not considered to be an unjustified or disproportionate interference with the convention rights, and is the only action by which the Council may secure protection of the trees referred to.

Conclusion

15. It is your Officers’ view that the objections raised against the imposition of Tree Preservation Order 5/2004 are not substantiated nor override the public amenity value presented by these trees.

Recommendation

It is recommended that the Tree Preservation Order 5/2004 applying to 22 Catteshall Lane, Godalming be confirmed without modification.



Background Papers (DoP&D)

Letter of objection from Tree Management Consulting LLP on behalf of Rayners (Buildings) Ltd (13/05/04).
Letter of response from Waverley Borough Councils Tree Officer (01/06/04)



CONTACT OFFICER:

Name: Alan Richardson Telephone: 01483 523309

E-mail: arichardson@waverley.gov.uk



_0727154223_001.pdf

CENTRAL 17

SCHEDULE “A” TO THE AGENDA FOR THE
CENTRAL AREA DEVELOPMENT CONTROL SUB-COMMITTEE
4TH AUGUST 2004

Major applications or those giving rise to substantial local controversy.
A.1WA/2004/1209Erection of a two storey extension at 4 Clockhouse Mews, Huxley Close, Godalming (as amplified by letter dated 15.07.04)
Mr & Mrs J Attwater
09/06/2004
Grid Reference:E: 496584 N: 145442
Town:Godalming
Ward:Godalming Charterhouse
Development Plan:AGLV, TPO (No. WA125)
Highway Authority:No requirements
Drainage Authority: No requirements
Town Council:No objection
Representations:7 letters of objection based on the following grounds:-
1. overdevelopment of the site;
2. out of character with the original development;
3. lead to parking problems;
4. loss of privacy;
      5. add to shortage of smaller dwellings in the area;
      6. destroy character and symmetry of the Clockhouse Mews development
      7. bring development closer to the boundaries.

Relevant History

WA/1986/0388Conversion and extension to provide four dwellings, with parking facilities
Permitted
09.04.86
WA/1986/1997Erection of two pairs of double garages and construction of boundary wall
Permitted
11.2.87
* * * * *
whether the proposal complies with the criteria set out in Policy RD1 and if it comprises appropriate development in the Green Belt.
Its impact on the wider landscape and on the character of the local area
Housing mix and density
the impact on neighbouring dwellings.
the impact on protected trees
issues relating to the public right of way and the adjacent ditch
Housing mix and density
Impact on the locality and on neighbouring dwellings

Trees

Public footpath and the adjacent ditch


Conclusions

Summary of Reasons For Granting Permission

Recommendation

Relevant History

WA03/1963Erection of a two storey extension and a boundary fence
Refused
5.11.03



Description of Site/Background

No. 4 is a two storey detached dwelling located on a corner plot on the south west side of Parkfields. It has an attached flat roofed single garage upon its southern side which extends to the common boundary with No. 3 Parkfield.

Planning permission was recently refused under delegated powers reference WA03/1963. The Council's concerns in that case were that the extension would have a detrimental impact upon the visual amenity of the area. By virtue of the excessive size, scale and form of the extension and the unsatisfactory relationship on a corner plot, it would have been detrimental to the scale of the existing dwelling and character of the area, over-dominant within the streetscene. Requirement of additional accommodation for the family.
The majority of dwellings within Parkfield have had similar or larger extensions.
The proposal is now considerably smaller in size.
Only removing part of garden wall to accommodate the repositioning of the sun lounge.
Concern expressed regarding inter-neighbour relations. The proposal is a resubmission following refusal of WA03/1963 by delegated powers in November 2003. The issues are whether the proposal is now acceptable within the terms of the Local Plan, less harmful than the previous application (WA03/1963) and overcomes the harm identified in the previous submission. In comparison with the previous application, the two-storey extension has been re-orientated from the north flank elevation to the rear west elevation of the dwelling. This is a significant improvement in its location as it has moved the extension away from the prominent corner position on open amenity land, directly adjacent to the highway, to well within the site. The only element which still encroaches onto the amenity land is part of the single storey sunroom which has been repositioned from the rear elevation to the north flank wall in order to accommodate the two storey rear extension. The concerns raised over neighbouring amenity, including issues of overlooking, loss of light and over-dominance have been assessed, however, given that there is adequate separation distances between properties, it is considered that the proposal would not adversely affect residential amenity. Officers are also mindful of the concerns raised with regard to the impact on visual amenity. However, the changes made to the scheme have resulted in a more subordinate extension in terms of overall size and height. Whilst it is acknowledged the extension is relatively large, its form, design and massing, particularly having regard to the prominent views of the extension from the north side of Parkfield, is considered to be acceptable in the streetscene. Moreover, since the original submission, the architect has amended the proposal to achieve a small break in the plane of the side elevation to help break articulate its streetscene.
CENTRAL 28
SCHEDULE ‘C’ TO THE AGENDA FOR THE
CENTRAL AREA DEVELOPMENT CONTROL SUB-COMMITTEE
4TH AUGUST 2004

Application determined in accordance with the approved terms of delegation to the Director of Planning and Development

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

Plan No.
Applicant
Development Proposed
Site Description
Decision
TM/2004/0050
T W Grillo
Works to trees the subject of Tree Preservation Order 3/03.
Land At Dean Court, Charterhouse Road, Godalming.
TPO Consent
TM/2004/0051
L Stevenson
Application to fell 4 trees the subject of Tree Preservation Order WA345.
Copse View, Red House Lane, Elstead.
TPO Refusal
TM/2004/0056
R Gibbs
Works to trees the subject of Tree Preservation Order WA149.
76, Pullman Lane, Godalming.
TPO Refusal
TM/2004/0059
M Parry
Works to trees the subject of Tree Preservation Order 43/99.
Little Oakhanger, Summerhouse Road, Godalming.
TPO Consent
WA/2003/2659
Southern Starter Homes Ltd
Change of use from office (class B1) to provide clinic (class D1).
18a, Bridge Street, Godalming.
Withdrawn
WA/2003/2660
Mitchells Antiques
Continued change of use from office (class B1) to retail showroom (class A1).
18a, Bridge Street, Godalming.
Full Permission
WA/2004/0713
Hankley Common Golf Club
Erection of a building to provide refreshment and toilet facilities following demolition of existing building.
Land At Hankley Common Golf Club, Tilford Road, Tilford.
Full Permission
WA/2004/0747
Mr & Mrs J Corrie
Erection of a detached garage building and a greenhouse following demolition of existing stables and greenhouse; erection of a chimney to staff cottage (as amplified by additional letter received 18/05/04).
Sullingstead, Hascombe Road, Godalming.
Full Permission
WA/2004/0877
L Lemieux
Application for a Certificate of Lawfulness under Section 191 for the use of the barn as an independent dwelling.
The Barn, Upper Highfield Farmhouse, Highfield Lane, Thursley.
Withdrawn
WA/2004/0891
S M Watson
Use of garage as habitable accommodation with alterations to elevation together with the construction of pitched roofs to existing front dormers (as amplified by additional information and letter dated 19/05/04).
Hascombe Place Farmhouse, Godalming Road, Hascombe.
Full Permission
WA/2004/0895
G Chandler Ltd
Change of use from mixed use petrol filling station and motor vehicle service, repair, car sales and MOT workshop, to motor vehicle service, repair, car sales and MOT workshop only with associated alterations and demolition of canopy, pumps and shell signs (as amended by letter and plans received 20/5/04).
Chandlers Garage, The Green, Elstead.
Full Permission
WA/2004/0896
G Chandler Ltd
Application for Conservation Area Consent for the demolition of petrol station canopy, pump and signs.
Chandlers Garage, The Green, Elstead.
Conservation Aarea Consent
WA/2004/0906
Mr & Mrs S Jones
Erection of a two storey extension following demolition of existing garage/study (as amended by plans received 03/06/04).
5, Duncombe Road, Godalming.
Full Permission
WA/2004/0920
Mr & Mrs K Broughton
Erection of an extension to existing bungalow to provide a chalet bungalow (revision of WA/2003/2672) (as amplified by additional information received 15.06.04)
77, Minster Road, Godalming.
Full Permission
WA/2004/0929
C Huggins
Erection of a detached summerhouse.
45, Yew Tree Road, Witley.
Full Permission
WA/2004/0934
V Rhode
Retention of workshop building.
Hambledon House Farm, Vann Lane, Hambledon.
Refused
WA/2004/0939
Mr & Mrs B Spektor
Erection of an extension to provide additional accommodation and covered swimming pool (revision of WA/2003/2639).
Munstead Lawn, Hascombe Road, Godalming.
Full Permission
WA/2004/0953
Mr & Mrs P Fuller
Erection of a link extension, alterations and use of existing store as habitable accommodation.
10, The Horseshoe, Godalming.
Full Permission
WA/2004/0957
Mr & Mrs C Graham
Erection of an extension sited partly below ground level together with the erection of a garden wall (revision of WA/2004/0152) (as amplified by letter dated 27/5/04).
Farnham Lodge, Elstead Road, Cut Mill, Godalming.
Refused
WA/2004/0958
Mr & Mrs C Graham
Application for Listed Building Consent for the erection of an extension sited partly below ground level and a garden wall (revision of WA/2004/0153).
Farnham Lodge, Elstead Road, Cut Mill, Godalming.
Listed Blg Consent Granted
WA/2004/0960
R J Lucy
Erection of extensions and alterations following demolition of existing extensions and outbuildings with the erection of a detached triple garage/store (revision of consent granted under WA/2003/2236).
Foxbury House, Hascombe Road, Godalming.
Withdrawn
WA/2004/0974
The Natural Cafe Ltd
Application for consent to display illuminated signs and advertising awning.
38, High Street, Godalming.
Advertisement Consent Refused
WA/2004/0975
The Natural Cafe Ltd
Alterations to shop front.
38, High Street, Godalming.
Refused
WA/2004/0976
The Natural Cafe Ltd
Application for Listed Building Consent for internal and external alterations, alterations to shopfront including awning and display of illuminated signs.
38, High Street, Godalming.
Listed Blg Refusal
WA/2004/0981
Mr & Mrs Brittain
Erection of extensions (as amended by letter dated 18/05/04 and plans rceived 18/05/04).
Littlewood, Gasden Lane, Witley.
Full Permission
WA/2004/0985
Mr & Mrs Wickens
Erection of extensions.
17, The Horseshoe, Godalming.
Full Permission
WA/2004/0990
Mrs Pink & Mr Slade
Construction of a dormer window and erection of a boundary fence.
1, Elmside, Milford.
Full Permission
WA/2004/0991
R Cox
Design Homes & Developments Ltd
Provision of vehicular access.
1 Pound Cottages, The Street, Hascombe.
Full Permission
WA/2004/0993
Mr & Mrs Hewitt
Erection of extensions and alterations and the provision of a new vehicular access.
Wood Cottage, Salt Lane, Hydestile.
Withdrawn
WA/2004/0996
D Pullinger
Erection of a single storey extension.
28, Furze Lane, Godalming.
Refused
WA/2004/1001
Esso Petroleum Co Ltd
Installation of a second car wash replacing existing jet wash facility, erection of plant room and associated works, installation of fuel tanks (as amplified by email received 29/6/04).
Manor Weald Service Station, Portsmouth Road, Milford.
Full Permission
WA/2004/1014
Mr & Mrs C Kirk
Erection of a detached dwelling and garage following demolition of existing dwelling and outbuildings (revision of WA/2003/2352).
Lakes Cottage, Petworth Road, Witley.
Refused
WA/2004/1015
K J & J M Hall
Construction of additional dormer windows.
Orizaba, Hookley Lane, Elstead.
Full Permission
WA/2004/1030
Mr & Mrs Sherfield
Erection of a two storey extension.
48, Milford Lodge, Milford.
Full Permission
WA/2004/1035
Mr & Mrs Hayler
Erection of extensions and alterations
Longacre, New Road, Wormley.
Refused
WA/2004/1038
R Assael
Erection of a detached triple garage.
Busses Cottage, Sweetwater Lane, Hambledon.
Full Permission
WA/2004/1046
Mr & Mrs M Thorne
Erection of extensions and alterations (revision of WA/2004/0273).
8, Silo Road, Godalming.
Full Permission
WA/2004/1058
Mr & Mrs K Padwick
Erection of an extension (revision of WA/2003/1851).
20, Blackburn Way, Godalming.
Full Permission
WA/2004/1063
Trustees Of The M B Caroe Estate
Application for Listed Building Consent for internal and external alterations.
Vann, Vann Lane, Hambledon.
Listed Blg Consent Granted
WA/2004/1064
Trustees Of The M B Caroe Estate
Application for Listed Building Consent for internal and external alterations.
Vann, Vann Lane, Hambledon.
Listed Blg Consent Granted
WA/2004/1067
Mr & Mrs Hawksley
Erection of a two storey extension, alterations to elevation and use of garage as habitable accommodation.
Three Chestnuts, The Drive, Godalming.
Full Permission
WA/2004/1068
Mr & Mrs Lagan
Erection of a single storey extension.
79, Pullman Lane, Godalming.
Full Permission
WA/2004/1069
C Stewart
Erection of extensions to existing bungalow to provide a chalet bungalow.
7, Birch Road, Godalming.
Refused
WA/2004/1074
J Hancock
Change of use from office to Class D1 (complementary Health Centre).
Carriers House, Wharf Street, Godalming.
Full Permission
WA/2004/1078
Mssrs Burns And Webber
Change of use of first floor office to residential accommodation.
27, High Street, Godalming.
Full Permission
WA/2004/1079
Mssrs Burns And Webber
Application for Listed Building Consent for internal and external alterations.
27, High Street, Godalming.
Listed Blg Alterations Consent Granted
WA/2004/1084
J & M Whitaker
Erection of extensions and detached garage building following demolition of existing garage.
3 & 4 Westbrook Cottages, Westbrook Hill, Elstead.
Withdrawn
WA/2004/1085
J & M Whitaker
Application for Listed Building Consent for the erection of extensions.
3 & 4 Westbrook Cottages, Westbrook Hill, Elstead.
Withdrawn
WA/2004/1086
Mr & Mrs Mcintyre
Erection of a two storey extension and detached double garage following demolition of existing garage.
9 Nutbourne Cottages, Roundals Lane, Hambledon.
Withdrawn
WA/2004/1087
Mr & Mrs Garguilo
Erection of a two storey extension following demolition of existing extension and detached garage.
42, Oxted Green, Milford.
Refused
WA/2004/1091
Mr & Mrs B Rapley
Erection of a single storey extension.
5, Oak Tree Road, Milford.
Full Permission
WA/2004/1101
G Waterfall
Erection of a boundary fence.
1 & 2 Thyme Cottages, Petworth Road, Milford.
Refused
WA/2004/1104
R Macallay
Erection of a fence and use of land as domestic curtilage (as amended by letter and plans received by fax on 15/07/04).
42, Cherry Tree Lane, Godalming.
Full Permission
WA/2004/1108
S D'aoust
Erection of an extension following demolition of an existing extension (revision of WA/2004/0182).
9 Hydestile Cottages, Hambledon Road, Hambledon.
Full Permission
WA/2004/1113
Mr & Mrs Boyle
Erection of a replacement attached garage and alterations.
152, Peperharow Road, Godalming.
Full Permission
WA/2004/1114
J Parsons & L Riley
Erection of extensions.
3, Sunny Hill, Witley.
Refused
WA/2004/1116
Mr & Mrs S Heney
Erection of an extension.
Robins, Haslemere Road, Milford.
Full Permission
WA/2004/1117
Avs Fencing Supplies Ltd
Alterations to elevations of Barn 1.
Tvvm Site, Chapel Lane, Milford.
Full Permission
WA/2004/1138
Barlows
Construction of additional parking and associated works.
Church House, Church Street, Godalming.
Refused
WA/2004/1144
Mr & Mrs Isaacs
Erection of a detached double garage/garden machinery store.
2 Dell Cottages, Haslemere Road, Brook.
Full Permission
WA/2004/1147
J Watts
Construction of vehicular access and hard standing.
Park Cottage, Petworth Road, Witley.
Refused
WA/2004/1150
Mr & Mrs Satterthwaite
Construction of a new-pitched roof over existing single storey northeast wing; alterations.
Tuesley Manor, Tuesley Lane, Godalming.
Full Permission
WA/2004/1151
Mr & Mrs Satterthwaite
Application for Listed Building Consent for a new pitched roof over existing single storey northeast wing.
Tuesley Manor, Tuesley Lane, Godalming.
Listed Blg Consent Granted
WA/2004/1184
Mr & Mrs K Batten
Erection of extensions and alterations together with a carport/garage following demolition of existing conservatory and carport (as amended and amplified by letter dated 2/7/04 and plans received 5/7/04).
30, Long Gore, Godalming.
Full Permission
WA/2004/1186
Mr & Mrs M G Hudson
Continued use of redundant doctors surgery as habitable accommodation together with the erection of extensions (as amended by letter dated 15/6/04 and plans received 15/6/04).
Four Trees, Hookley Lane, Elstead.
Full Permission
WA/2004/1195
L Brown
Alterations to existing garage.
42, Minster Road, Godalming.
Full Permission
WA/2004/1204
Speedwell Car Hire
Variation of Condition 1 of WA/1998/0447 to allow the continued siting of a portacabin for a further temporary period.
Speedwell Car Hire, Woodside Park, Catteshall Lane, Godalming.
Full Permission
WA/2004/1217
Mr & Mrs R Styles
Erection of a single storey extension and alterations following demolition of existing conservatory (as amplified by letter dated 19/7/04 and plan received 20/7/04).
Heath Hall, Lower House Road, Bowlhead Green.
Full Permission