Waverley Borough Council Home Page Waverley Borough Council Home Page

Waverley Borough Council Committee System - Committee Document

Meeting of the Development Control Committee held on 01/11/2005
Eastern Area Development Control Sub-Committee - 19th October 2005 : Report to the Meeting of the Development Control Committee on 1st November 2005




PART l – Reports containing recommendations for decision by the Committee

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

There are no matters falling within these categories.

PART III – Brief summaries of other matters dealt with

Background Papers


Relevant History

WA/1987/1089Erection of extensions and alterations.Permitted
(Subject to Legal Agreement)
WA/1987/1090Application for Listed Building Consent for the erection of extensions and alterations.Consent Granted
WA/1997/0797Erection of a cart shed.Permitted
WA/1997/1566Application for Listed Building Consent for alterations to ground floor of garage to provide ancillary accommodation.Consent Granted
WA/2002/1110Conversion of property to include internal works to form four independent dwellings together with the erection of a sun room.Permitted
(Subject to Legal Agreement)
WA/2002/1111Application for Listed Building Consent for the erection of an extension and internal alterations to provide four independent dwellings together with the erection of a sun room.Consent Granted
WA/2003/0766Erection of a building to provide stables and store following demolition of existing building.Refused
Appeal Dismissed
WA/2005/1477Erection of an extension and alterations including the construction of dormer windows.Permitted
WA/2005/1478Application for LBC for the erection of an extension and alterations including the construction of dormer windows.Consent Granted

Description of Site/Location

Hyde Farm House is situated in a rural location, off the B2128, just to the north-east of the village settlement. The site, which extends some 0.18 hectares, is well screened from the road by mature trees and other vegetation. Access is across common land, for which there is currently an easement for the passage of vehicles to serve the one main dwelling and an annexe.

Hyde Farm House comprises an ‘L’ shaped complex of buildings of the farm house and an early 1960s extension, linked through to a converted barn and annexe. The main house is Grade II Listed and the barn Locally Listed.

To the north of the dwelling is a stable block and paddocks to the north-east.

The Proposal

This application relates to an area of land to the north-west of the main dwelling and beyond the residential curtilage.

It is proposed to erect a tennis court on part of this land and to use some additional land around it as a additional residential curtilage. The tennis court area would measure 33.5 m x 16.5m and the court fencing would vary in height between 1m and 2.8m. The submitted drawings show an approximate extent of excavation of up to 0.5m.

The tennis court is stated to be constructed in a green coloured porous macadam surface, enclosed by black tubular posts and chain-link setting perimeter fencing.

Submissions in Support

The applicants have submitted a short statement in support of the proposal. The statement covers the reasons for the proposed siting, the history of the site and reference to the fact that part of this site was recently occupied by a mobile home and various containers. It is also claimed that this part of the site was residentially occupied.

Relevant Policies

Surrey Structure Plan 2004, Policies LO4, SE4, SE5 and SE8.
Waverley Borough Local Plan 2002, Policies C1, C3, D1, D4, LT7 and HE3.
Waverley Borough Local Development Framework Draft Core Strategy 2005, Policies CP2, CP8, CP10 and CP11.

Main Planning Issues

The impact of the proposal on the Green Belt, the rural character and appearance of the area, the Conservation Area and the setting of the listed buildings on the site.
The site is located outside the defined rural settlement area of Shamley Green, where there is a presumption against inappropriate development or that which would materially detract from the openness of the Green Belt.

Development appropriate to the countryside will be expected to respect or enhance the existing landscape character (AONB/AGLV) by appropriate design.

Development is also required to preserve or enhance the character and setting of Conservation Areas.

Where development is proposed that will affect a Listed Building, proposals will not be permitted if it would harm the building, such as its character or setting.

In relation to the Green Belt, development related to outdoor sport and recreation can be appropriate, provided it maintains openness and does not harm the visual amenities of such areas. Any development which takes place in the Green Belt must be acceptable in terms of its layout, scale, impact, height, form and siting in accordance with Policy D4.

In relation to the tennis court element of the proposal, the erection of a tennis court in the countryside can be appropriate in principle and would not adversely affect openness.

The application relates to a significant area of land which is open in character. The site was once occupied by a mobile home and three containers and bordered by slat fencing. The location of these buildings are shown on the Ordnance Survey Plan, and there is still evidence of the recent existence of these buildings. However, all these were removed by the current owners when they bought the property in 2004. Two farm gates and traditional open fencing have replaced these.

The applicant has stated that the mobile home had been on site for some 15-20 years and it is clear that the outbuildings were long established. Although the applicant has claimed that this part of the site had a residential use for several years, the officers are aware that it may have a commercial use associated with the previous owner of the property. In the officers’ view, although this use of part of the site did not have a lawful, residential or commercial use, some ‘weight’ can be given to the presence of buildings on the site, the use associated with it and the fact that this would have had some impact on the openness and visual amenities of the Green Belt.

The proposed tennis court would cover part of the site previously covered by these outbuildings, for which the hardstandings/hard core remain. The tennis court would cover a larger area, extending further to the north-west, but in overall terms, it is not considered that this proposal would have a materially greater visual impact on the Green Belt than the previous situation.

In relation to the residential curtilage issue, the area of land to the south-east and north-west of the proposed tennis court are indicated to be used as additional residential curtilage. However, the area between the tennis court and existing entrance to the dwelling, is used as a general access area to the paddocks and stable block. The applicants have indicated that this area will be returned to grass and landscaped in keeping with the adjoining paddocks and woodland. This area of land could be suitably conditioned to ensure the restoration of the land and to control any further alteration, such as new buildings or structures or hardstanding areas.

The additional residential curtilage, whilst contrary to policy, there are considered to be very special circumstances to justify it in this case.

In landscape terms, the area of land sits behind existing woodland and the proposed development would not be visible from the road, or any other public vantage point. The land rises to the east. It is also considered that the proposal and associated restoration of the land would represent an enhancement of this part of the landscape.

The proposal is considered to be sufficiently distant from the main house not to materially affect its listed setting and would at least preserve the setting of the adjacent Conservation Area to the south-east.


The officers consider that although there are some reservations over the greater spread of residential curtilage, very special circumstances are considered to exist in this case to allow the development. Furthermore, the proposal is not considered to materially detract from the openness or visual amenities of the Green Belt and could be argued to represent an enhancement of the existing landscape character.

The proposal should therefore be supported.

4. subject to completion of department procedures, planning permission be granted subject to the following conditions:-

Reason In the interests of the character and visual amenities of the area and to accord with Policies LO4 and SE8 of the Surrey Structure Plan 2004, Policies C1, C3 and D4 of the Waverley Borough Local Plan 2002 and Policies CP10 and CP11 of the Waverley Borough Local Development Framework Draft Core Strategy 2005 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.

Relevant History

WA/2001/1056Erection of an extension to existing office (revision of WA/2000/1036)
Granted 10/9/01
WA/2001/2033Application for a Certificate of Lawfulness under Section 191 for an existing use – the use of land as a yard for transport and plant hire business.
Granted 11/12/02
WA/2004/1139Erection of 5 dwellings and associated garaging following demolition of existing dwelling and offices
Refused 19/7/04
WA/2004/2156Erection of 2 new dwellings following demolition of existing office, workshops and stores.
Granted 16/03/2005

5. permission be GRANTED subject to the following conditions:-

B.1 Appeals Lodged
B.2 Appeal Decisions

WA/2004/2795Demolition of existing building and erection of 13 2-bed apartments with associated access and parking at land at Brigown, Wanborough Lane, Cranleigh
WA/2004/2603Erection of first floor side additions to provide additional bedrooms at 24 Orchard Gardens, Cranleigh

B.3 Inquiry Arrangements

Your Sub-Committee has noted the information on the Public Inquiry Arrangements for its Planning Appeals.


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

comms/development control/2005-2006/048