Agenda : Central Area Development Control Sub Committee on 20/10/2004

Waverley Borough Council Committee System - Committee Document

Meeting of the Central Area Development Control Sub Committee held on 20/10/2004
Agenda

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NOTE FOR MEMBERS

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

AGENDA

1. MINUTES

To confirm the Minutes of the Meeting held on 28th September 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

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. OBJECTION TO TREE PRESERVATION ORDER (NO 7/2004) ON LAND AT GASDEN LANE, WITLEY
[Ward Affected: Witley & Hambledon]

To consider the report at Appendix A, attached

6. SITE INSPECTION

6.1 Application for Consideration following Site Visit

At its meeting on 22nd September 2004, the Sub-Committee deferred consideration of the under-mentioned planning application to inspect the site in question. The site inspection was scheduled for 30th September 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/2004/0477	Erection of 10 dwellings with associated garages and parking following demolition of existing dwelling (as amended by letter dated 14/05/04, 22/7/04 and 3/8/04 and plans received 14/05/04 and 26/7/04) at Land at Merriewood, Beacon View Road, Elstead
	Martin Grant Homes
	23/02/2004

	Grid Reference:	E: 490474 N: 142715

	Parish:	Elstead
	Ward:	Elstead and Thursley
	Development Plan:	MGB, AONB, AGLV within Rural Settlement RD1
	Highway Authority:	No requirements
	Drainage Authority:	Referred to the Environment Agency – No objection – Recommend conditions
	Parish Council:	Objection to the development based on the current number of dwellings proposed. It is felt that a reduction in the number of units on the site would be an advantage. Revised drawings – No objection now that it has been reduced to 10 dwellings
	Consultations	Surrey County Council Rights of Way Group – Objection – Public Footpath 68A Elstead forms the access to the site. Increased levels of vehicular traffic passing over the footpath would be likely to interfere with the public’s use of the path, particularly as the section of the lane outside the development is only one vehicle width. Objection has now been withdrawn
	Representations:	Original proposal – 61 letters of objection on the following grounds:- 1. road safety – Beacon View Road is a narrow lane much used by pedestrians 2. unacceptable increase in traffic 3. density is out of character on site on the edge of the Green Belt 4. the ditch could be filled leading to flooding 5. size and type of dwellings are out of character with the rest of the road 6. insufficient parking will mean cars parked in the road 7. houses will block off the feeling of openness and green spaces 8. most of the hedgerow along the road will be lost 9. houses are cramped together 10. building would go beyond the existing confines of the village 11. wildlife will be affected 12. overlooking and loss of privacy Revised drawings 39 Letters of objection re-iterating previous objections and stating that one less dwelling makes no material difference - far too many dwellings for the location. - potential for flooding with more water displacement - danger of development and related traffic onto a road which is also a footpath. - A more realistic figure would be 2 or 3 properties maximum - Impact on surrounding environment would not be altered - Parking is clearly inadequate - Still gross overcrowding

Description of Site/Background

Merriewood is to be found within a triangular site of 0.39 ha, located at the far end of Beacon View Road, just before it meets Red House Lane. The site is in residential use with a detached two storey dwelling set at the western end of the site. There are also a number of sheds within the gardens. The site slopes gently down away from the road and is “wild” towards its eastern end. A ditch separates the site from the road and is crossed by the existing pedestrian and vehicular accesses into the site. The roadside and south-eastern boundaries are marked by a mature hedgerow, with the south-eastern edge punctuated by a number of trees. There is a laurel hedge along the western boundary. A Scots pine and an oak tree within the garden are subject to a tree preservation order.

Beacon View Road is unadopted and is a public footpath. So far as officers are aware, there are no rights of passage over the road for vehicular traffic. It is 6m wide along most of the length of the application site, but narrowing to just over 4m at its junction with Red House Lane.

The site was up until the adoption of the Waverley Local Plan in 2002 outside the settlement of Elstead. In incorporating the site within the settlement the Planning Inspector stated that by including the site in the settlement, a ‘cleaner and straighter edge to Elstead would be created’. The inspector accepted that this would create the prospect of a small amount of infilling development being likely as a continuation of the line of dwellings on the south side of Beacon View Road. Importantly, he considered that the site would not intrude into the countryside.

The inspector concluded that the benefits of a logical and even rounding off to Elstead in this location were sufficient to outweigh the limited harm, which might arise from the extension of the linear pattern of dwellings alongside the southern side of the road in a modest and quite harmless way. “The development of the site would not, in my judgement, be perceived as an outward extension of the village into the countryside and although the site has something to offer from its openness alone, in this particular case I consider that the boundary should be modified to include it”.

The Proposal

It is proposed to demolish all existing buildings on the site and to erect 10 dwellings, fronting Beacon View Road, with their gardens running back to the rear boundary. These would comprise a pair of semi-detached 2 two-bed houses, 3 three-bed houses and 2 two-bed houses, together with a terrace of 3 two-bed houses as affordable housing. The larger units on plots 6-10 would each have either a single or a double garage and the two-bed dwellings would have 1.5 parking spaces each, provided in two small parking courtyards.

It should be noted that the original submission was for 11 dwellings on the site, but that this has been reduced to 10 dwellings, following officer concerns regarding the proximity of the dwelling on plot 11 to the boundary with the open fields to the south.

Relevant Policies

Policies RU1, DP3, PE2 and PE7 of the Surrey Structure Plan 1994

Policies LO4, LO5, LO6, SE8 and DN11 of the Surrey Structure Replacement Plan (Deposit Draft) 2002

Policies C1, C3, RD1, D1, D4, D7, D14, H4 and H5 of the Waverley Borough Local Plan 2002

Main Planning Issues

The main issues are: -
· 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

Policy RD1

The site lies within the settlement boundary for Elstead, albeit on the southern edge of the village. It should therefore be considered in terms of the criteria set out in Policy RD1 of the local plan. This firstly requires that development should be well-related in scale and location to the existing development. Beacon View Road contains a wide variety of dwelling types, styles, designs and sizes. The proposed dwellings reflect the immediate locality where newer dwellings have been built on the former builders yard to the north in the late 1990s. The appearance of the buildings would be traditional with brick elevations under a tiled roof, with units 7 and 10 being tile hung.

Criterion (a) states that development should comprise the infilling of a small gap in an otherwise continuous built up frontage or the development of land or buildings that are substantially surrounded by existing buildings; In reading the inspectors comments (see above in this report) regarding the inclusion of this site within the rural settlement boundary, it is clear that he envisaged a linear form of development on this site following on from the properties on the south side of Beacon View Road. It is considered that the proposed development generally follows the strong building line along this side of the road, although the dwellings on plots 9 and 10 do infringe this line where the application site narrows at its eastern end. Thus, whilst in strict policy terms, the proposals do not comprise infilling of a small gap or the development of land substantially surrounded by existing buildings, it is officers opinion that, having regard to the Inspector’s comments, that the redevelopment of this site in this form would be acceptable.

Criterion (b) the development of land which, by reason of its openness, physical characteristics or ecological value, makes a significant contribution to the character and amenities of the village. The site is private garden land and whilst its openness contributes to the character of the village, it is not considered that the form of development proposed would lead to an erosion of visual amenities of this part of the village.

Criterion (c) the affect on the urban/rural transition. The site is located on the fringes of the village, with open land to the south. However, development has been kept close to the road frontage and does not spread back into the site. At the western end of the site the rear of the terrace of 3 dwellings is set least 25m from the rear boundary and, although at the eastern end this gap reduces to 5 metres, the screen along the southern boundary is substantial. The proposed development would be shielded from public view by the hedgerow and only the upper parts of the buildings would be visible through the tree screen.

Criterion (d) the form, setting, local building style and heritage of the settlement. The proposed development, as described elsewhere in this report, by and large reflects local building styles and extends the existing pattern of development along the southern side of Beacon View Road. The dwellings are generally set closer together than they are elsewhere in the road, with an average gap of 2m between dwellings. However, the separation distances would appear greater through the use of single storey elements to the side elevations and with some ridge lines being at right angles to the road. The dwellings themselves are generally set well back from the road, from 22m at the western end to 5metres in the east and it is not considered that the form of development would appear out of character.

Criterion (e) generation of a level of traffic which is compatible with the environment of the village and which can be satisfactorily accommodated on the surrounding network. Beacon View Road has a metalled surface up to and including the application site, although it is unmade for the rest of its length to the west, up to where it joins Thursley Road. Red House Lane leads into Beacon View Road from the east and it is metalled for the whole of its length. Officers consider that the volume of traffic generated by an additional 9 dwellings at this end of Beacon View Road would not be so great as to have an adverse impact on the locality nor on the wider road infrastructure. It should be noted that the local highway authority raised no objection to the proposal in road safety terms.

Officers therefore consider that, on balance the proposed development complies with the criteria set out in Policy RD1 and that it is therefore not inappropriate development within the Green Belt. It is further considered that, having regard to the strong vegetative screen along the southern-most boundary, the development would not detract from the landscape.

Impact on the landscape

The Area of Outstanding Natural Beauty and Area of Great Landscape Value wash over the village settlement, reflecting the fact that the village is an intrinsic part of the landscape. The application site lies on the sensitive edge of the village and is very well screened along its southern-most boundary. Whilst the upper parts of the proposed buildings would be visible from views to the south, it is considered that this would not be harmful to the overall character of the area. Concerns have been

raised by officers regarding the relationship of the dwelling at the eastern end of the site to the boundary, but amended plans have been submitted, showing a wider gap of 5m from the corner of the house to the rear boundary. It is considered that, with additional planting in this area, that the impact on the landscape would not be such as to justify refusing planning permission.

Housing Mix and Density

The next step is for the application to be considered in terms of Policies H4 and H5. One of the aims of Policy H4 is for development to be at as high a density as is appropriate to the character and environment of the site and its surrounding area. The application site has an area of 0.39ha, which, with 10 dwellings proposed, gives a density of 25.6 dph. Whilst this is below the recommended guideline of 30 dph, officers consider that a higher density would be harmful in this location, as an increase in density would likely be achieved by encroaching upon the open garden areas at the rear of the site, which would directly conflict with Policy RD1. In terms of the mix of dwellings, the proposal is fully compliant with the requirements set out in Policy H4.

Elstead is a rural settlement with a population under 3000 and the proposed development would therefore attract a requirement for affordable housing to be provided. As the density of development is under 40dph, at least 30% of the number of net new dwellings provided are in the form of subsidised affordable housing. It is proposed to provide 3 two-bed houses, which are to be available for rent, with English Rural Housing Trust as the RSL.

Impact on the Locality and on neighbouring dwellings

It is also important that new development is of a high quality design which integrates well with the site and complements its surroundings. Development should be appropriate to the site in terms of its scale, height, form and appearance. The proposed dwellings reflect the general character of this part of the village with dwellings that have a traditional appearance and which respect the pattern of development which has a strong linear form.

In terms of the impact on neighbouring dwellings, Coneygarth would be most affected by the new development. It is located some 2m from the western boundary of the application site and has a bathroom window at first floor level and secondary windows serving the kitchen and living room on the ground floor on the flank elevation. These would be some 3 metres from the flank elevation of unit 1 and would suffer some loss of light. However, as they are not the sole source of light to principal rooms, it is not considered that this would be materially harmful to amenity. There would be some overlooking into the rear garden, but this would be oblique and the relationship between the two houses would not be unacceptable. The provision of parking to the front of the terrace of 3 dwellings could have some adverse impact on Coneygarth. The parking bays are set against the boundary and this could lead to a loss of amenity through noise and disturbance. However it is screened by a substantial mature laurel hedge, some 2.5m in height, and backs on to the front garden where there is Coneygarth’s own parking and turning area.

Trees

There are two protected trees within the body of the site – a Scots pine and an oak which would be within the gardens of units 6 and 7. However, the dwellings would be set some 11m or 13m from the trunk of the two trees and it is considered that, with appropriate conditions, there would be no harm afforded to the trees during construction and there is sufficient distance from the dwellings such that there would not be pressures to remove the trees in future.

Public footpath and the adjacent ditch

Beacon View Road is not an adopted highway but is a public footpath over which there are no formal vehicular rights of access. However, it does provide the only means of access to dwellings in Beacon View Road. Surrey County Council Rights Of Way Group raised an objection originally to the proposed development, on the grounds that the proposed development would lead to an increase in traffic to an extent whereby the safety of users of the footpath would be compromised, because of the narrowness of the roadway. Further investigations by the applicant have shown that the carriageway at the end of Beacon View Road as it approaches Red House Lane has been reduced in width. This has come about through lack of maintenance and the roadside verges have encroached over the metalled surface. By removing the debris and soil, an additional 500-600mm of road has been exposed, providing an overall width of between 3.6m at the eastern end and 4.1m at the west. This is considered to provide sufficient width for walkers and vehicles to pass in safety, and the entrances into the proposed houses would also provide refuges for walkers.

The developer is also prepared to contribute a sum of money to be held by Surrey County Council as a fund towards future repairs to Beacon View Road. This would be incorporated into the S106 agreement.

The Rights of Way Officer has withdrawn his objection.

With regard to the ditch that runs along Beacon View Road, it is the developer’s intention to culvert this where the new access points into the site cross over. The Environment Agency originally raised an objection to this as it is wished to see the open ditch retained as far as possible, in order to protect the watercourse as a wildlife corridor. The developer has now provided details of countersunk channels with open grill tops as means of access and the Environment Agency consider these to be an acceptable option for gaining access across the ditch.

Concerns were also raised by the Environment Agency over the provision of a fence along the ditch on the southern boundary of the site. This fence has now been removed and replaced with a native hedgerow, 1 metre from the top of the bank, and a 5m buffer zone free of any hardstanding or development would be retained along the length of the ditch.

Because the proposals involve the demolition of buildings which could support bats, including old sheds and outbuildings, the Environment Agency were obliged to raise an objection in the absence of a wildlife survey. This has now been carried out and the Agency is satisfied with the results. There is some evidence of historic use of the property by bats, and it is recommended that features are incorporated into the design of the buildings which would provide roosting opportunities.

The Environment Agency has withdrawn its objection and now recommends conditions.

Conclusions

Officers have had regard to the level of local representation and the comments of the parish council. However, it is considered that, through its inclusion within the settlement boundary, this is a site where there is potential for development. It is a sensitive site on the edge of the village, and any development would have an impact on the transition between the developed part of the village and the countryside beyond. However, much needed affordable housing would be provided as part of the development. Officers consider that the development proposals would not cause material harm to the character of the area, would bring benefits to the village and are therefore, on balance, acceptable.

Summary of Reasons For Granting Permission

The development hereby granted has been assessed against the following Development Plan policies: Policies RU1, DP3, PE2 and PE7 of the Surrey Structure Plan 1994, Policies LO4, LO5, LO6, SE8 and DN11 of the Surrey Structure Replacement Plan (Deposit Draft) 2002 and Policies C1, C3, RD1, D1, D4, D7, D14, 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 this public interest.

Recommendation

That, subject to the applicants entering into an appropriate legal agreement within 6 months (all costs including those of the Council to be borne by the applicants) to ensure

a) the retention of units 1-3 as affordable housing, and

b) the provision of a sum of money to be held by Surrey County Council as a fund towards future repairs to Beacon View Road,

permission be

GRANTED

subject to the following conditions:-

1. Within one month of the first occupation of the dwellings hereby permitted the existing dwelling shall be demolished and all demolition materials removed from the site.

Reason

In the interest of the amenities of the area, in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002.

2. The garage accommodation hereby permitted shall be retained and be available at all times for the garaging of vehicles.

Reason

Having regard to the restricted nature of the site, its relationship with the surrounding area and the limited amount of parking available, and to accord with Policies D1 and D4 of the Waverley Borough Local Plan 2002.

3. No development shall take place until details have been submitted and approved in writing by the Local Planning Authority showing the existing and proposed ground levels of the site and proposed ground levels of the buildings hereby permitted.

Reason

In the interest of the amenities of the area, in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002.

4. No development shall take place until samples of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reason

In the interest of the amenities of the area, in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002.

5. No development shall take place until samples of the materials to be used in the construction of the hard surface areas of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reason

In the interest of the amenities of the area, in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002.

6. No development shall take place until details of all proposed screen walls or fences, or similar structures, have been submitted to and approved by the Local Planning Authority in writing and such walls or fences or similar structures as may be approved by the Local Planning Authority shall be erected within a period of one month from the date of the first occupation of any part of the approved development, and thereafter be maintained to the satisfaction of the Local Planning Authority.

Reason

In the interest of the amenities of the area, in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002.

7. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any other Order revoking or re-enacting that Order with or without modification), no buildings or structures as defined within Part 1 of schedule 2, Classes A-H inclusive of that order, shall be erected on the site without the written permission of the Local Planning Authority.

Reason

In the interest of the amenities of the area, in accordance with Policies RD1, D1 and D4 of the Waverley Borough Local Plan 2002.

8. No floodlights or other forms of external lighting shall be installed on the site, other than that approved as part of this development, without the prior permission, in writing, of the Local Planning Authority.

Reason

In the interest of the amenities of the area, in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002.

9. Prior to commencement of any works on site, demolition or other development activities, a scheme of tree protection (in line with BS 5837:1991, Trees in relation to construction) shall be submitted to and agreed by the Local Planning Authority in writing. Where relevant, such scheme shall also take "off site" trees into consideration. The Local Authority Tree and Landscape Officer shall be informed of the proposed commencement date a minimum of two weeks prior to that date to allow inspection of protection measures before commencement. The agreed protection to be kept in position throughout the development period until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without written consent of the Local Planning Authority.

Reason

In the interest of the amenities of the area, in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002.

10. Prior to commencement of any works on site, details of any services to be provided or repaired including drains and soakaways, on or to the site, shall be submitted to and approved by the Local Planning Authority in writing and shall be carried out as shown. This requirement is in addition to any submission under the Building Regulations. Any amendments to be agreed with the Local Planning Authority in writing.

Reason

In the interest of the amenities of the area, in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002.

11. Destruction by burning of materials obtained by site clearance, if at all necessary, shall not take place within 10 metres of the furthest extent of the canopy of any tree or tree group to be retained on the site or on land adjoining.

Reason

In the interest of the character and amenities of the area, in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002.

12. Prior to commencement of any works on site, demolition or other development activities, space shall be provided and clearly identified within the site or on other land controlled by the applicant to accommodate:

a. Parking of vehicles of site personnel, operatives and visitors.

b. Loading and unloading plant and materials.

c. Storage of plant and materials including demolition arisings.

d. Cement mixing.

The space referred to above and access routes to them (if not existing metalled ones) to be minimally 8 metres away from mature trees and 4 metres from hedgerows, or as may otherwise be agreed in writing by the Local Planning Authority.

Reason

To safeguard the trees on and around the site and to accord with Policies D, D4 and D7 of the Waverley Borough Local Plan 2002.

13. The existing hedge along the boundaries of the site shall be retained at a minimum height of 2.5 metres for a period of 10 years. The maintenance is to include the replacement of any parts of the hedge which die, and shall ensure a good screening effect.

Reason

In the interest of the amenities of the area, in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002.

14. No development shall take place until a detailed landscaping scheme has been submitted to and approved by the Local Planning Authority in writing. The landscaping scheme shall include details of planting enhancements to the ditches on the boundaries of the site, including the incorporation of a hedgerow to the southern boundary. The approved scheme shall be carried out strictly in accordance with the agreed details and shall be carried out within the first planting season after commencement of the development or as otherwise agreed in writing with the Local Planning Authority. The landscaping shall be maintained to the satisfaction of the Local Planning Authority for a period of 5 years after planting, such maintenance to include the replacement of any trees and shrubs that die or have otherwise become, in the opinion of the Local Planning Authority, seriously damaged or defective. Such replacements to be of same species and size as those originally planted.

Reason

In the interest of the amenities of the area, in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002.

15. A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than small, privately owned, domestic gardens, shall be submitted to and approved by the Local Planning Authority prior to the occupation of the development or any phase of the development. The landscape management plan shall be carried out as approved.

Reason

In the interest of the amenities of the area, in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002.

16. No development shall take place until a schedule of landscape maintenance for a minimum period of 10 years has been submitted to and approved in writing by the Local Planning Authority. The schedule shall include details of the arrangements for its implementation. Development shall be carried out in accordance with the approved schedule.

Reason

In the interest of the amenities of the area, in accordance with Policies D1 and D4 of the Waverley Borough Local Plan 2002.

17. No development shall take place until a scheme, which shall include details of any important flora and/or fauna to be retained on the site and means for the protection of their habitat during the course of development, has been submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved scheme.

Reason

To safeguard the ecological interest of the site in accordance with Policies C11 and D5 of the Waverley Borough Local Plan 2002.

18. There shall be no storage of materials during construction within 5 metres of the ditches. This exclusion area must be suitably marked and protected during construction and there shall be no access to this area during development, nor shall there be any fires, dumping or tracking of machinery within this area.

Reason

To reduce the impact of the proposed development on wildlife habitats upstream and downstream, including bankside habitats, in accordance with Policies C11 and D5 of Waverley Borough Local Plan 2002.

19. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order with or without modification) no new development including but not limited to fences, gates, walls, hardstanding or any other structure, shall be erected within 5 metres of the bank of any watercourse on site.

Reason

To protect the amenity and character of the watercourse and its conservation value as a wildlife corridor, in accordance with Policies C11 and D5 of Waverley Borough Local Plan 2002.

6.2 Site Inspections Arising from this Meeting

In the event of site inspection being necessary as a result of consideration of the application before this meeting, it will be held on Thursday, 28th October 2004 at 8.30 a.m.

7. APPLICATION FOR PLANNING PERMISSION

To consider the reports at Schedule 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 appeals:-

WA04/0889 Erection of extension together with erection of a detached garage following demolition of existing extension garage at Burns, Thursley Road, Elstead.
EN04/8 & 9 Appeal against two Enforcement Notices on Tuesley Farm, Tuesley Lane, Godalming.

WA04/0545 Erection of 7 dwellings following demolition of existing dwelling and outbuildings on land at Lane End, Llanaway Close, Godalming.

WA04/0957 Erection of an extension sited partly below ground level together with the erection of a garden wall at Farnham Lodge, Elstead Road, Shackleford, Godalming.

WA04/1102 Erection of extension (revision of WA03/1963) at 4 Parkfield, Godalming.

Background Papers

Notification received 14th, 21st, 28th and 30th September 2004.

8.2 Appeal Decisions

WA03/2315 Proposed loft conversion retention at 30 Coopers Rise, Godalming

(DISMISSED)

Background Papers

Inspectorate decision made 27th September 2004.

8.3 Inquiry Arrangements

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)

To secure the cessation of the unauthorised storage use on the site together with removal of the stored items. Enforcement Notice appeal dismissed, but notice varied to exclude dwellings. Lawful Development Certificate appeal notice varied to exclude dwellings. Lawful Development Certificate appeal dismissed. Notices came into effect 19.08.01. Further visits made, latest on the 27.11.02. Significant amount of unauthorised storage removed, but full compliance not yet achieved. Warning letter sent. Witness statements being prepared.

(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. Further breach with stationing of two touring caravans. Further Enforcement Notice served on 04.10.04. Compliance dated 08.05.2005.

(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 drafted and is with the Legal Department.

(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 have been advised that a new application is imminent.

(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. Meeting with owner on 19.08.04 was constructive. Application expected to show repositioning of fence as at ‘Charters’. Monitoring position.

(h) 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. Appeal dismissed. Date for compliance 14.01.05.

(i) 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. Appeal dismissed. One shed allowed to stay. Date for compliance 08.01.05.

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

Enforcement and Stop Notices served to secure cessation of construction and demolition of a new building. Appeal lodged. Inquiry held on 24.08.04. Awaiting decision.

(k) 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 served on 29.07.04. Appeal lodged. Inquiry arranged for 01.02.05.
(l) Waitrose, 11-14 Bridge Street, Godalming (04.05.04)

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

(m) Deramore, Ham Lane, Elstead (06.10.04

Retrospective permission refused under delegated powers on 6th October 2004. Proposal was for the retention of raised decking and a pegola. Council’s concern was one of visual dominance and overbearing form. Officers requesting a timescale from applicants regarding the removal of the structures.

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

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