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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
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/2004/0477Erection 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
ConsultationsSurrey 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

The Proposal

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

Trees

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.
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

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)

(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
(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)

(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

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
comms/central/2004-05/028 39903