Agenda and draft minutes

Members are asked to declare the existence and nature of any Disclosable Pecuniary Interests in respect of any item of business to be considered at the meeting.

Hobbledown, Horton Lane, Epsom, Surrey, KT19 8PT

Councillor Neil Dallen, Other Interest: In the interest of transparency, Councillor Neil Dallen wished to state, with respect to the fact that the land on which Hobbledown is located is owned by the Council, that he was the Chair of the Strategy and Resources Committee. He stated that he maintained an open mind.

The Committee is asked to confirm as a true record the Minutes of the Meeting of the Committee held on the 7 March 2024 (attached) and to authorise the Chair to sign them.

The Committee confirmed as a true record the Minutes of the Meeting of the Committee held on the 7 March 2024 and authorised the Chair to sign them.

Demolition of residential dwelling at 6A Bucknills Close and the construction of five residential units (5 x 3-bed) (Class C3) together with car parking, landscaping, and access arrangements.

Description:

Demolition of residential dwelling at 6A Bucknills Close and the construction of five residential units (5 x 3-bed) (Class C3) together with car parking, landscaping, and access arrangements.

Officer Recommendation:

Approval, subject to conditions and informatives.

Officer Presentation:

The Committee received a presentation on the application from the Planning Officer.

Public Speaking:

The Ward Councillor who called-in the application spoke.

A Member of the Public spoke in objection to the application.

The Agent to the Applicant spoke in support of the application.

Decision:

Following consideration, Councillor Neil Dallen proposed that the application be refused for the following reasons:

Reasons:

Highway Safety

It has not been sufficiently demonstrated that the proposed dedicated footpath would be an acceptable pedestrian alternative to the existing access. As such, given there is inadequate space available within the site to accommodate both pedestrian and vehicular movements in a safe manner, the proposal would result in the risk of collision between vehicles and pedestrians using the access road, causing danger and inconvenience to pedestrians and other highway users and interfere with the free flow of traffic on the adjoining highway. This would be contrary to Section 9 of the National Planning Policy Framework 2023, Policy CS16 of the Core Strategy 2007. criterion 3 of Policy DM16 and Policies DM36 and DM37 of the Management Policies 2015, and objective 3 of the Surrey Transport Plan (LTP4) 2022-2032.

Waste Management

The excessive drag distance between Plots 1 and 2 and the bin collection area would result in inconvenience to future occupiers, leading to a risk of fly tipping and harm to the character and appearance of the area and neighbour amenity and failing to appropriately safeguard the living conditions of all future occupiers, contrary to Section 12 of the National Planning Policy Framework 2023, Policy CS1 and CS6 of Core Strategy 2007 and Policies DM9 and DM10 of the Management Policies 2015.

The proposal was seconded by Councillor Jan Mason.

The Committee resolved (5 for, 4 against, and the Chair not voting) that:

The application be REFUSED.

The Committee received supplementary information prior to the beginning of the Meeting.

The Planning Development and Enforcement Manager and Principal Solicitor informed the Committee that all questions previously raised and answered prior to the Meeting, could still be raised and discussed during the Committee Meeting.

The Committee decided to consider the applications as they were currently set out.

The Vice Chair, Councillor Steven McCormick, excused himself for the remainder of the meeting.

The Chair proposed Councillor Clive Woodbridge to sit as Vice Chair for the remainder of the Meeting.

The Committee raised no objection and agreed for Councillor Woodbridge to sit as Vice Chair for the remainder of the Meeting.

Construction of Prairie Dog enclosure (Retrospective).

Description:

Construction of a Prairie Dog enclosure (retrospective).

Officer Recommendation:

Approval, subject to conditions and informatives.

Officer Presentation:

The Committee received a presentation on the application from the Planning Officer.

Public Speaking:

The Ward Councillor who called-in the application spoke on the application. The Ward Councillor, with the permission of the Chair, also spoke on the subsequent Hobbledown application, they had called-in, at this time.

A Member of the Public spoke in objection to the application. The Member of the Public had also registered to speak in objection to the other three Hobbledown applications on the Agenda - with the permission of the Chair, the member of the public also spoke in objection to the other three applications at this time.

Decision:

Following consideration, Councillor Neil Dallen proposed a motion that the Officer recommendation be agreed. The Proposal was seconded by Councillor Clive Woodbridge.

The Committee resolved (4 for, 4 against, and the Chair exercising his casting vote in favour of the application) to:

GRANT planning permission subject to the following conditions and informatives.

Conditions

(1)          Approved Plans

Unless otherwise agreed in writing by the local planning authority, the development hereby permitted shall be carried out in accordance with the plan numbered 001, received by the local planning authority on 10 November 2023.

Reason: For 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.

(2)          Biodiversity enhancement measures

The scheme to enhance the biodiversity interest of the Site, as detailed on drawing ref: 012A – Hedgerow Planting – dated March ’24, shall be implemented in full and 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.

(3)          Removal of Structure

If the structure hereby permitted should cease being used for the purposes of a Prairie Dog enclosure, then the approved structure shall be removed from the land, and the land shall be restored to its condition before the development took place within 3 months of the date that the use ceased.

Reason: The structure hereby permitted would constitute inappropriate development in the Green Belt were it not for the proposed use and removal would be required to protect the long-term openness of the area in accordance with Sections 12 and 13 of the National Planning Policy Framework 2023, Policies CS2 and CS5 of the Core Strategy 2007 and Policies DM3, DM10 and DM26 of the Development Management Policies Document 2015.

Informatives

(1)          Positive and Proactive Discussion

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,  ...  view the full minutes text for item 52.

Installation of play equipment and construction of timber covered entrance and exit ways and a buggy storage area outside the Imaginarium within Hobbledown (Retrospective).

Description:

Installation of play equipment and construction of timber covered entrance and exit ways and a buggy storage area outside the Imaginarium within Hobbledown (retrospective).

Officer Recommendation:

Approval, subject to conditions and informatives.

Officer Presentation:

The Committee received a presentation on the application from the Planning Officer.

Decision:

Following consideration, Councillor Peter O’Donovan proposed a motion that the Officer recommendation be agreed. The Proposal was seconded by Councillor Neil Dallen.

The Committee resolved (5 for, 3 against) to:

GRANT planning permission subject to the following conditions and informatives.

Conditions

(1)          Approved Plans

Unless otherwise agreed in writing by the local planning authority, the development hereby permitted shall be carried out in accordance with the plan numbered 002 Rev A, received by the local planning authority on 10 November 2023.

Reason: For 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.

(2)          Sustainable Drainage

Within three months of the date of this planning permission, details of a planter, to capture/attenuate surface water runoff from the roof of the development hereby permitted in a sustainable manner, shall be submitted to and approved by the Local Planning Authority. Thereafter, the approved details shall be installed within one month of the date of that approval and thereafter maintained for the lifetime of the development.

Reason: To accommodate sustainable drainage systems (SuDS) within the Application Site, to accord with Policy DM19 of the Development Management Policies Document (2015).

Informatives

(1)          Positive and Proactive Discussion

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)          Changes to the Approved Plans

Should there be any change from the approved drawings during the build of the development, this may require a fresh planning application if the changes differ materially from the approved details. Non-material changes may be formalised by way of an application under s.96A Town and Country Planning Act 1990.

Variation of Condition 20 (Field Restrictions) and Condition 24 (Drawings) of Planning Permission 11/00511/FUL, as amended by Planning Permission ref: 24/00024/REM, to allow Zone F1 of the approved Masterplan to be accessed by the public for the purposes of an animal walkthrough area, with associated ancillary development including footpath, timber structures and wash stations (Retrospective).

Description:

Variation of Condition 20 (Field Restrictions) and Condition 24 (Drawings) of Planning Permission 11/00511/FUL, as amended by Planning Permission ref: 24/00024/REM, to allow Zone F1 of the approved Masterplan to be accessed by the public for the purposes of an animal walkthrough area, with associated ancillary development including footpath, timber structures and wash stations (retrospective).

Officer Recommendation:

Approval, subject to conditions and informatives.

Officer Presentation:

The Committee received a presentation on the application from the Planning Officer.

Decision:

Following consideration, Councillor Neil Dallen proposed a motion that the Officer recommendation be amended by way of an amendment to Condition 20, as follows:

20. Zones – Public Access

The fields marked F1, F2, F3, F4, F6 and F8 on approved plan 6773/50 Rev H shall be solely for the keeping of animals and shall not, at any time, be accessible to the public, other than

- that part of F.2, as specified on drawing ref: 009 - Service Yard (2) - dated Nov 23 (but remains inaccessible to the public)

- that part of Zone F.7 shown as a car park extension on drawing ref: 0017-02 accompanying planning permission ref: 14/00144/FUL (Appeal ref: APP/P3610/W/14/3000847); and

- the pathways shown on drawing ref: 011 - Goats & Rabbit Enclosure (2) – dated Nov '23 in part of Zone F.1, which shall be accessible to the public

Reason: In the interests of the visual amenity of the Green Belt and the amenity of neighbouring residential properties as required by Policy CS2 of the Core Strategy (2007) and Policy DM10 of the Development Management Policies 2015

The proposal was seconded by Councillor Peter O’Donovan.

The Committee voted (6 for, 1 against, 1 abstaining, and the Chair not voting) in favour of the motion.

Councillor Neil Dallen proposed a motion that the Officer recommendation be agreed, subject to the agreed amendment. The Proposal was seconded by Councillor Peter O’Donovan.

The Committee resolved (5 for, 2 against, 1 abstaining, and the Chair not voting) to:

GRANT planning permission subject to the following conditions and informatives(with modifications to Conditions 20 and 24).

Conditions

(1)          Timescale

The development hereby permitted was required to begin before the expiration of three years from the date of the original planning permission (11/00511/FUL) (This Condition has been complied with).

Reason: To comply with Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 (1) of the Planning and Compulsory Purchase Act 2004.

(2)          Hours of Operation

The premises shall not be open to the public outside the hours of 09:00 and 19:00 except on a Friday and Saturday when the internal areas and external areas marked Zone E.4, Zone H, Zone I and Zone K on approved plan 6773/50 Rev H shall additionally be permitted to open until 20:00.

Reason: To safeguard the amenities of neighbouring occupiers as required by Policy DM10 of the Development Management Policies 2015.

(3)          Public Address System

No permanent public address systems, sirens, horns or klaxons shall be operated on the site  ...  view the full minutes text for item 54.

Variation of Condition 20 (Field Restrictions) and Condition 24 (Drawings) of Planning Permission 11/00511/FUL, as amended by Planning Permission ref: 24/00024/REM, to allow Zone F8 of the approved Masterplan to be accessed by the public for the purposes of an animal walkthrough area, with associated ancillary development including footpath and timber wash stations (Retrospective).

Description:

Variation of Condition 20 (Field Restrictions) and Condition 24 (Drawings) of Planning Permission 11/00511/FUL, as amended by Planning Permission ref: 24/00025/REM, to allow Zone F8 of the approved Masterplan to be accessed by the public for the purposes of an animal walkthrough area, with associated ancillary development including footpath and timber wash stations (retrospective).

Officer Recommendation:

Approval, subject to conditions and informatives.

Officer Presentation:

The Committee received a presentation on the application from the Planning Officer.

Decision:

Following consideration, Councillor Neil Dallen proposed a motion that the Officer recommendation be amended by way of an amendment to Condition 20, as follows:

20. Zones – Public Access

The fields marked F1, F2, F3, F4, F6 and F8 on approved plan 6773/50 Rev H shall be solely for the keeping of animals and shall not, at any time, be accessible to the public, other than

- that part of F.2, as specified on drawing ref: 009 - Service Yard (2) - dated Nov 23 (but remains inaccessible to the public)

- that part of Zone F.7 shown as a car park extension on drawing ref: 0017-02 accompanying planning permission ref: 14/00144/FUL (Appeal ref: APP/P3610/W/14/3000847)

- the pathways shown on drawing ref: 011 - Goats & Rabbit Enclosure (2) – dated Nov '23, part of F.1, which shall be accessible to the public and

- the pathways shown on drawing ref: 010 - Wallaby and Mara (2) - dated Nov'23, part of Zone F.8, which shall be accessible to the public

Reason: In the interests of the visual amenity of the Green Belt and the amenity of neighbouring residential properties as required by Policy CS2 of the Core Strategy (2007) and Policy DM10 of the Development Management Policies 2015

The Motion was amended to reflect the approval of 24/00025/REM.

The proposal was seconded by Councillor Phil Neale.

The Committee voted (7 for, 1 against, and the Chair not voting) in favour of the motion.

Councillor Julian Freeman proposed a motion that the Officer recommendation be agreed, subject to the agreed amendment. The Proposal was seconded by Councillor Clive Woodbridge.

The Committee resolved (5 for, 2 against, 1 abstaining, and the Chair not voting) to:

GRANT planning permission subject to the following conditions and informatives.

Conditions

To grant planning permission subject to the following conditions and informatives (with modifications to Conditions 20 and 24):

(1)          Timescale

The development hereby permitted was required to begin before the expiration of three years from the date of the original planning permission (11/00511/FUL) (This Condition has been complied with).

Reason: To comply with Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 (1) of the Planning and Compulsory Purchase Act 2004.

(2)          Hours of Operation

The premises shall not be open to the public outside the hours of 09:00 and 19:00 except on a Friday and Saturday when the internal areas and external areas marked Zone E.4, Zone H, Zone I and Zone K on approved plan 6773/50 Rev H shall additionally  ...  view the full minutes text for item 55.

Summary of Likely Applications to be heard at Planning Committee.

The Committee noted the contents of the report.

The Vice Chair, Councillor Woodbridge, expressed thanks to the Chair for his hard work and leadership over the last year.