Agenda item

South Hatch Stables Burgh Heath Road Epsom Surrey KT17 4LX - 18/00308/FUL

Demolition of the existing Racehorse Training Establishment (RTE) and the erection of a new RTE comprising of a main yard stable complex of 40 boxes, a secondary stable block of 20 boxes, an isolation yard, a trainer and assistant trainers house, stable staff accommodation, horse walkers, muck pits, a therapy barn, trotting ring and outdoor school, a lunge ring, turnout paddocks and a machinery store and storage barn and enabling residential development comprising 46 apartments.

Minutes:

Decisions

Amendments to Recommendations

Members were presented with an update report, which they considered. They agreed to accept the recommended changes to the conditions and also to the draft heads of terms to the proposed section 106 agreement, which added the following additional requirements:

· A mechanism to review the viability of the development if Phase 4 of the residential scheme has not reached slab level within two years of consent being granted.

· A “claw back” clause to ensure that the Council is paid the equivalent value of the cost of the affordable housing provision, due at the time planning was granted on the residential scheme (i.e. 40% Affordable Housing), if the applicant/ owner sold the stables in part or as a whole, within a 15 year period from completion of the enabling residential development.

The officer presentation also included an amendment to withdraw permitted development rights.

The members accepted the officer’s recommendation to approve the application based on the very special circumstances test having been met as set out in the report.

Decision

Part A

It was agreed to refer to the Secretary of State with a recommendation to GRANT planning permission, subject to the Section 106 Agreement being signed by 25 October 2019, and the proposed conditions:

Part B

Following confirmation from the Secretary of State that the matter is not to be called in, delegation be given to the Head of Planning to determine the application subject to Section 106 Agreement being signed by 25 October 2019, and securing:

· Reptile translocation site and Management Plan

· Delivery of the enabling housing development in accordance with the approved phasing plan

· Securing the trainer and stable hand accommodation in perpetuity

· Community mini bus

· Travel Plan with monitoring fee

· A mechanism to review the viability of the development if Phase 4 of the residential scheme has not reached slab level within two years of consent being granted.

Conditions:

(1) The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 91(1) of the Town and Country Planning Act 1990 as amended by Section 51 (1) of the Planning and Compulsory Purchase Act 2005

(2) The development hereby permitted shall be carried out in accordance with the following approved plans:

1810-10G Proposed Site Plan

1810-20 Prop Stables - Plans_GF_FF

1810-21 Prop Stables - Plans_Roof

1810-22 Prop Stables - Elevations

1810-23 Prop Stables - Elevations

1810-24 Prop Stables – Elevations

1810-25 Prop Stables 2- Plans_GF_Roof

1810-26 Prop Stables 2- Elevations

1810-29 Prop Horsewalker

1810-30 Prop Barn - Plans_GF_Roof

1810-_31 Prop Barn – Elevations

1810- 32 Prop Machinery Store - Plans_Elevations

1810-33 Prop Isolation Yard - Plans

1810-_34 Prop Isolation Yard – Elevations

1810-35 Prop SS Accommodation - Plans_GF_FF

1810-36 Prop SS Accommodation - Plans_Roof

1810-37 Prop SS Accommodation - Elevations

1810-38 Prop SS Accommodation - Elevations

1810-39 A Prop Gatehouse

1810-40A Prop Resi_Block A - Plans_GF

1810- 41B Prop Resi_Block A - Plans_FF

1810-42 B Prop Resi_Block A - Plans_2F

1810-43B Prop Resi_Block A - Plans_Roof

1810-44A Prop Resi_Block A – Elevations

1810-45 A Prop Resi_Block A – Elevations

1810-46 A Prop Resi_Block A – Elevations

1810-50 A Prop Resi_Block B - Plans_GF

1810-51 A Prop Resi_Block B - Plans_FF

1810-52 A Prop Resi_Block B - Plans_2F

1810-53A Prop Resi_Block B - Plans_Roof

1810-54A Prop Resi_Block B – Elevations

1810-55A Prop Resi_Block B – Elevations

1810-56A Prop Resi_Block B – Elevations

1810-60A Prop Resi_Block C - Plans_GF_FF

1810-61A Prop Resi_Block C - Plans_Roof

1810-6A4 Prop Resi_Block C – Elevations

1810-65A Prop Resi_Block C – Elevations

1810-66 Prop Bin Str, Cycle Str and Substation

1810_68 B Prop Streetscene

1810_71A Prop Sections

1810-72A Prop Sections

1810-80 Phasing Plan

1810-85A Overlay comparison plan

1810-86A Overlay comparison plan with PDL

1711006-05 Proposed Footway

1810-10G Mini Bus parking space

Reason: For the avoidance of doubt and to ensure that the development is carried out in accordance with the approved plans to comply with Policy CS5 of the Core Strategy (2007).

(3) Prior to the commencement of development, details and samples of the external materials to be used for the development shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

Reason: To secure a satisfactory appearance in the interests of the visual amenities and character of the locality in accordance with Policy CS5 of the Core Strategy (2007) and Policies DM9 and DM10 of the Development Management Policies 2015.

(4) No development shall take place until full details, of both hard and soft landscape proposals, including a schedule of landscape maintenance for a minimum period of 5 years, have been submitted to and approved in writing by the local planning authority. The approved landscape scheme (with the exception of planting, seeding and turfing) shall be implemented prior to the occupation of the development hereby approved and thereafter retained.

Reason: To ensure the provision, establishment and maintenance of an appropriate landscape scheme in the interests of the visual amenities of the locality in accordance with Policy CS5 of the Core Strategy (2007) and Policies DM5 and DM9 of the Development Management Policies 2015.

(5) No development, demolition pursuant to the permission granted, or alterations to buildings, shall take place until details indicating how suitable provision will be made for protected species and their habitats have been submitted to and approved by the Local Planning Authority in writing and such provision shall be made before development commences and thereafter be retained and maintained in accordance with the approved details.

Reason: To safeguard the ecology and biodiversity of the area in accordance with policy DM4 of the Development Management Policies 2015

(6) The development hereby approved shall be carried out in accordance with the Reptile Mitigation Strategy and the Reptile Enhancement Strategy measures detailed in the Reptile Presence/Likely Absence Survey dated May 2019 from the Ecology Partnership, prior to the first occupation of the development. The approved measures shall thereafter be maintained in perpetuity.

Reason: To preserve and enhance biodiversity and habitats in accordance with Policy CS3 of the Core Strategy (2007) and Policy DM4 of the Development Management Policies 2015.

(7) The occupation of the dwellings (shown as Trainers House, Staff Accommodation and Gate House on Drawing Nos: 1810_34, 1810_35 , 1810_39 hereby permitted shall be limited to a person employed in the training, or keeping or breeding of horses within the Borough of Epsom & Ewell.

Reason: The site is in an area where residential development would not normally be permitted and permission is only granted because of the essential needs of a bona fide established equestrian enterprise, and to protect the openness of the Metropolitan Green Belt in accordance with Policies CS2 and CS5 of the Core Strategy 2007 and Policies DM10 and DM26 of the Development Management Policies 2015

(8) Prior to the commencement of the development details of sustainability measures shall be submitted to and approved in writing by the local planning authority. These details shall demonstrate how the development would be efficient in the use of energy, water and materials including means of providing the energy requirements of the development from renewable technologies. The development shall be carried out in strict accordance with the approved details prior to the first occupation of the building, shall be maintained as such thereafter and no change shall take place without the prior written consent of the local planning authority.

Reason: To ensure that measures to make the development sustainable and efficient in the use of energy, water and materials are included in the development in accordance with Policy CS6 of the Core Strategy (2007).

(9) No external lighting associated with the development shall be installed without prior written approval from the Local Planning Authority. Any lighting scheme shall demonstrate that (1) external sources of lighting shall be effectively screened from the view of a driver on the adjoining public highway (2) there would be no lighting of/light spill onto suitable bat roosting features (including trees with bat roost potential) or hedgerows, ponds or chipping brook (3) that dark unlit bat commuting/foraging corridors will be retained through the site and to the wider area including to/from features with bat roost potential and (4) that bird nesting opportunities would not receive excessive light spill. The principles of relevant guidance shall be followed (e.g. the Bat Conservation Trust and Institution of Lighting Engineers guidance Bats and Lighting in the UK, 2009). Lighting shall be installed as approved only.

Reason: To enhance biodiversity and nature habitats in accordance with Policy CS3 of the Core Strategy (2007) and Policy DM4 of the Development Management Policies 2015.

(10) No development shall take place until an Arboricultural Method Statement (detailing all aspects of construction and staging of works) and a Tree Protection Plan in accordance with British Standard 5837:2012 (or later revision) has been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the agreed details and no equipment, machinery or materials shall be brought onto the site for the purposes of the development until fencing has been erected in accordance with the Tree Protection Plan. Within any area fenced in accordance with this condition, nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, nor shall any fires be lit, without the prior written consent of the local planning authority. The fencing shall be maintained in accordance with the approved details, until all equipment, machinery and surplus materials have been moved from the site.

Reason: To protect the trees on site which are to be retained in the interests of the visual amenities of the locality in accordance with Policy CS5 of the Core Strategy (2007) and Policies DM5 and DM9 of the Development Management Policies 2015.

(11) No development shall take place until details of all boundary treatment have been submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented prior to the first occupation of the development or phased as agreed in writing by the local planning authority. The approved scheme shall thereafter be retained.

Reason: To securea satisfactory appearance in the interests of the visual amenities and character of the locality in accordance with Policy CS5 of the Core Strategy (2007) and Policies DM9 and DM10 of the Development Management Policies 2015.

(12) No development shall commence until a Construction Transport Management Plan, to include details of:

(a) parking for vehicles of site personnel, operatives and visitors

(b) programme of works (including measures for any traffic management

(d) vehicle routing

(e) measures to prevent the deposit of materials on the highway

(f) no HGV movements to or from the site shall take place between the hours of 08.10 and 09.10 and 15.15 and 16.15 nor shall the contractor permit any HGVs associated with the development at the site to be laid up, waiting, in Beech Road or Beech way, during these times

(g) on-site turning for construction vehicles

has been submitted to and approved in writing by the Local Planning Authority. Only the approved details shall be implemented during the construction of the development.

Reason: In order that the development should not prejudice highway safety nor cause inconvenience to other highway users as required by policy CS16 of the Core Strategy 2007

(13) Notwithstanding the submitted plans showing vehicle visibility zones of 52 metres in both directions from a point 2.4 metres back along the access from the carriageway edge and a geometry to accommodate the tracking of a 12 metres long horse transporting vehicle as demonstrated in the Motion Transport Planning plan numbered 1711006-TK05 no part of the development shall be first occupied unless and until the proposed belmouth access to Burgh Heath Road has been constructed and provided with tactile paving and dropped kerbs at the pedestrian crossing points in accordance with a revised scheme to include tactile paving and dropped kerbs at the pedestrian crossing points and thereafter the visibility zones shall be kept permanently clear of any obstruction over 0.6 metres high above the ground.

Reason: The condition above is required in order that the development should not prejudice highway safety, nor cause inconvenience to other highway users, and to accord with the National Planning Policy Framework 2018 and DM 35 Transport and New Development, of the Epsom and Ewell Borough Council Development Management Policies Document September 2015

(14) The development hereby approved shall not be first occupied / unless and until space has been laid out within the site in accordance with the approved plans for vehicles to be parked and for vehicles to turn so that they may enter and leave the site in forward gear. Thereafter the parking turning area shall be retained and maintained for their designated purpose.

Reason: The condition above is required in order that the development should not prejudice highway safety, nor cause inconvenience to other highway users, and to accord with the National Planning Policy Framework 2012 and DM 35 Transport and New Development, DM 36 Sustainable Transport for New Development, DM 37 Parking Standards, Policy DM 38 Rear Servicing of the Epsom and Ewell Borough Council Development Management Policies Document September 2015

(15) Electric charging points shall be installed in 20% of the allocated parking spaces at the development. The charging points shall be supplied with an independent 32amp radial circuit and must comply with BS7671. Standard 3 pin, 13 amp external sockets will be required. The sockets shall comply with BS1363, and must be provided with a locking weatherproof cover if located externally to the building.

Reason: So to protect and exploit opportunities for the use of sustainable transport modes for the movement of goods and people in accordance with guidance under Para’s 58 and 69 from the ‘’NPPF’’ 2012.

(16) The development hereby permitted shall not commence until details of the design of a surface water drainage scheme have been submitted to and approved in writing by the planning authority. The design must satisfy the SuDS Hierarchy and be compliant with the national Non-Statutory Technical Standards for SuDS, NPPF and Ministerial Statement on SuDS. The required drainage details shall include:

a) Evidence that the proposed solution will effectively manage the 1 in 30 & 1 in 100 (+40% allowance for climate change) storm events, during all stages of the development (Pre, Post and during).

b) Detailed drainage design drawings and calculations to include: a finalised drainage layout detailing the location of drainage elements, pipe diameters, levels, and long and cross sections of each element including details of any flow restrictions and maintenance/risk reducing features (silt traps, inspection chambers etc.). Calculations to use the average from the results of Infiltration testing rather than best case scenario.

c) Details of how the drainage system will be protected during construction and how runoff (including any pollutants) from the development site will be managed before the drainage system is operational.

d) Details of drainage management responsibilities and maintenance regimes for the drainage system.

e) A plan showing exceedance flows (i.e. during rainfall greater than design events or during blockage) and how property on and off site will be protected. Plan to include details of ground levels and finished floor levels.

Reason: To ensure the design meets the national Non-Statutory Technical Standards for SuDS and the final drainage design does not increase flood risk on or off site.

(17) Prior to the first occupation of the development, a verification report carried out by a qualified drainage engineer must be submitted to and approved by the Local Planning Authority. This must demonstrate that the drainage system has been constructed as per the agreed scheme (or detail any minor variations), provide the details of any management company and state the national grid reference of any key drainage elements (surface water attenuation devices/areas, flow restriction devices and outfalls).

Reason: To ensure the Drainage System is constructed to the National Non-Statutory Technical Standards for SuDS.

(18) No construction work shall be carried out in such a manner as to be audible at the site boundary before 08.00 hours or after 18:00 hours Monday to Friday; no construction work shall be audible at the site boundary before 08:00 or after 13:00 hours on Saturdays and no construction work of any nature shall be carried out on Sundays or Bank/Public Holidays.

Reason: In order to safeguard the amenities of the occupiers of neighbouring properties in accordance with Policy DM10 of the Development Management Policies 2015.

(19) Following any necessary demolition and prior to the commencement of any further development, the following shall be undertaken in accordance with current best practice guidance:

(i) a desk study, site investigation and risk assessment to determine the existence, extent and concentrations of any made ground/fill, ground gas and contaminants with the potential to impact sensitive receptors on and off-site. The results of the investigation and risk assessment shall be submitted to and approved by the Local Planning Authority; and

(ii)if ground/groundwater contamination, filled ground and/or ground gas is found to present unacceptable risks, a detailed scheme of risk management measures shall be designed and submitted to the Local Planning Authority for approval.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors, Policy DM17 of Development Management Policies 2015.

(20) Prior to any occupation of the site, the approved remediation scheme prepared under Condition 21 must be carried out in accordance with its terms. Following completion, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.

(21) In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. In that event, prior to any occupation of the site, an investigation and risk assessment must be undertaken and where remediation is deemed necessary a remediation scheme must be prepared which is subject to the approval in writing of the Local Planning Authority.

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other off-site receptors, Policy DM17 of Development Management Policies 2015.

(22) The development shall not be occupied until the footway has been has been widened to 2 metres along the Burgh Heath Road frontage of the application site in accordance with the approved plan numbered 1711006-05

Reason; The condition above is required in order that the development should not prejudice highway safety, nor cause inconvenience to other highway users, and to accord with the National Planning Policy Framework 2019 and policies DM 35 Transport and New Development, and DM 36 Sustainable Transport for New Development of the Development Management Policies Document 2015.

(23) The development shall not be occupied until the developer has provided a mini bus vehicle for the residential occupiers of the site and parking is made available in one of the proposed parking spaces shown on the approved plan numbered 1810-10G

(24) No development, with the exception of demolition, shall take place until the applicant has secured the implementation of a programme of archaeological work to be conducted in accordance with a Written Scheme of Investigation which has been submitted by the applicant and approved by the Planning Authority

Reason: The site is of high archaeological potential and it is important that the archaeological information should be preserved as a record before it is destroyed by the development in accordance with Policy CS5 of the Core Strategy (2007).

(25) The approved Travel Plan Statement dated 03 September 2018 shall be implemented upon first occupation and for each and every subsequent occupation of the development for a minimum of three years.

Reason: The condition above is required in order that the development should not prejudice highway safety, nor cause inconvenience to other highway users, and to accord with the National Planning Policy Framework 2018 and policy, DM 36 Sustainable Transport of the Epsom and Ewell Borough Council Development Management Policies document September 2015.

(26) No development shall take place until details and location of the installation of bat and bird boxes to enhance the biodiversity interest of the site have been submitted to and agreed in writing by the local planning authority. The scheme shall be implemented in full prior to the occupation of the development hereby approved and thereafter maintained.

Reason: To enhance biodiversity and nature habitats in accordance with Policy CS3 of the Core Strategy (2007) and Policy DM4 of the Development Management Policies 2015.

(27) The development hereby approved shall not be occupied until details of an appropriate cutting regime to ensure the long-term maintenance of the grassland and prevent the development of dominant scrub, are submitted to, and approved by the local planning authority. The maintenance plan shall be implemented in perpetuity, as approved.

Reason: To enhance biodiversity and nature habitats in accordance with Policy CS3 of the Core Strategy (2007) and Policy DM4 of the Development Management Policies 2015.

(28) Details of a plan for the long term monitoring of the reptile translocation site shall be submitted prior to the occupation of the development. The monitoring plan shall be implemented as approved.

Reason: To enhance biodiversity and nature habitats in accordance with Policy CS3 of the Core Strategy (2007) and Policy DM4 of the Development Management Policies 2015.

(29) Details of the refuse and recycling management for the development hereby approved shall be submitted prior to the occupation of the development. The management plan shall be implemented as approved.

Reason: To ensure that measures to make the development sustainable are included in the development in accordance with Policy CS6 of the Core Strategy (2007).

(30) Prior to any works commencing on site an updated Badger Survey shall be undertaken and submitted to the local planning authority for approval.

Reason: To enhance biodiversity and nature habitats in accordance with Policy CS3 of the Core Strategy (2007) and Policy DM4 of the Development Management Policies 2015.

(31) Prior to commencement of construction details of measures to ensure the protection of the badger holes during construction works shall be submitted to the local planning authority . The measures shall be implemented as approved.

Reason: To enhance biodiversity and nature habitats in accordance with Policy CS3 of the Core Strategy (2007) and Policy DM4 of the Development Management Policies 2015.

(32) Prior to commencement of the development, details of the construction of the surfaces of the horse walkers, lunge ring and the trotting ring shall be submitted to, and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

(33) Prior to commencement of the development details of the ecological enhancements contained in the letter dated 15 November 2018 from the Ecology Partnership and shown on Appendix: Ecological Enhancements Map shall be submitted to the local planning authority for approval. The measures shall be implemented as approved.

Reason: To enhance biodiversity and nature habitats in accordance with Policy CS3 of the Core Strategy (2007) and Policy DM4 of the Development Management Policies 2015.

(34) No development shall take place until a Landscape Masterplan is submitted to and approved in writing by the local planning authority. The masterplan shall be implemented as approved and any subsequent variations shall be agreed in writing by the local planning authority.

Reason: To secure opportunities for enhancing the site's nature conservation value and to ensure the provision and establishment of an appropriate landscaping scheme, in line with national planning policy and adopted Policies DM4 and DM5 of the Development Management Policies Document 2015

Informatives:

(1) In dealing with the application the Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way. We have made available detailed advice in the form or our statutory policies in the Core Strategy, Supplementary Planning Documents, Planning Briefs and other informal written guidance, as well as offering a full pre-application advice service, in order to ensure that the applicant has been given every opportunity to submit an application which is likely to be considered favourably.

(2) The enabling residential development is considered liable for the Community Infrastructure Levy. (CIL). CIL is a non-negotiable charge on new developments which involve the creation of 100 square metres or more of gross internal floorspace or involve the creation of a new dwelling, even when this is below 100 square metres. The levy is a standardised, non-negotiable charge expressed as pounds per square metre, and are charged on the net additional floorspace generated by a development.

You will receive more information regarding the CIL in due course.

More information and the charging schedule are available online:http://www.epsomewell. gov.uk/NR/exeres/74864EB7-F2ED-4928-AF5A- 72188CBA0E14,frameless.htm?NRMODE=Published

(3) Notwithstanding any permission granted under the Planning Acts, no signs, devices or other apparatus may be erected within the limits of the highway without the express approval of the Highway Authority. It is not the policy of the Highway Authority to approve the erection of signs or other devices of a non-statutory nature within the limits of the highway.

(4) The permission hereby granted shall not be construed as authority to obstruct the public highway by the erection of scaffolding, hoarding or any other device or apparatus for which a licence must be sought from the Highway Authority Local Highways Service.

(5) The permission hereby granted shall not be construed as authority to carry out any works on the highway or any works that may affect a drainage channel/culvert or water course. The applicant is advised that a permit and, potentially, a Section 278 agreement 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. All works on the highway will require a permit and an application will need to submitted to the County Council's Street Works Team up to 3 months in advance of the intended start date, depending on the scale of the works proposed and the classification of the road.

Please see

http://www.surreycc.gov.uk/roads-and-transport/road-permits-and-licences/the-traffic-management-permit-scheme.

The applicant is also advised that Consent may be required under Section 23 of the Land Drainage Act 1991. Please see

www.surreycc.gov.uk/people-and-community/emergency-planning-and-community-safety/flooding-advice.

(6) The developer is reminded that it is an offence to allow materials to be carried from the site and deposited on or damage the highway from uncleaned wheels or badly loaded vehicles. The Highway Authority will seek, wherever possible, to recover any expenses incurred in clearing, cleaning or repairing highway surfaces and prosecutes persistent offenders. (Highways Act 1980 Sections 131, 148, 149)

The Committee noted verbal representations from two Ward Councillors, two objectors, the applicant and a supporter. Letters of representation had been published on the Council’s website and were available to the public and members of the Committee in advance of the meeting.

Supporting documents:

South Hatch Stables Burgh Heath Road Epsom Surrey KT17 4LX_v1, item 36. PDF 434 KB