Agenda item

Creation of a visitor hub/shelter, including access paths, landscaping, and associated infrastructure.

Councillor Chris Watson excused himself and left the Council Chamber for the duration of the application.

Following debate, the Chair proposed the item was dealt with at the end of the agenda, in order to give the time for the proposed condition to be worded, prior to it being voted on by the Committee.

Councillor Bernie Muir seconded the proposal. The Committee voted (5 for, 3 against) in favour of deferring the item to the end of the agenda.

Description:

Creation of a visitor hub/shelter, including access paths, landscaping, and associated infrastructure.

Officer Recommendation:

Approval, subject to conditions and informatives.

Including the addition of an informative to the decision notice in relation to Biodiversity Net Gain obligations:

8) Biodiversity Net Gain

The applicant is reminded of their obligations to deliver mandatory biodiversity net gain on-site in accordance with Schedule 7A of the Town and Country Planning Act 1990, including (a) submitting a Biodiversity Gain Plan that accords with the National Planning Practice Guidance and the approved BNG Assessment and Metric Tool; and (b) not operating prior to a completion report being agreed by the local planning authority.

Officer Presentation:

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

Public Speaking:

The Agent spoke in support of the application.

Decision:

Following consideration, Councillor Neil Dallen proposed an additional condition be added, as follows:

‘The development hereby permitted should not be first used until details of Highway improvement discussions with the Highway Authority have been submitted to and approved in writing by the Local Planning Authority. These discussions shall include but not be limited to, works to the public highway and horse crossing on Headley Road to account for any change in horse or traffic numbers on Headley Road since the original approval, and the need for any highway improvement works. Any improvement works shall be implemented in accordance with the approved details prior to first use.’

Councillor Bernie Muir seconded the proposal.

The Committee voted (2 for, 4 against, 1 abstaining, and the Chair not voting) against the motion, and the motion was lost.

Following further consideration, Councillor Neil Dallen proposed a motion to approve the Officer recommendation as set out in the report. The proposal was seconded by Councillor Julian Freeman.

Subsequently, the Committee resolved (7 for, and the Chair not voting) to:

GRANT planning permission subject to a S106 Legal Agreement with the following Heads of Terms:

a) Biodiversity Net Gain (BNG) delivery and monitoring

And the following conditions and informatives:

Conditions

1)    Timescale

The development hereby permitted shall be commenced within three years from the date of this decision.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990 (as amended).

2)    Approved Plans

Unless otherwise agreed in writing by the local planning authority, the development hereby permitted shall be carried out in accordance with the plans:

· 150_3000_P1

· 150_3001_P1

· 150_3013_P1

· 150_3012_P1

· 150_3010_P1

· 150_3011_P1

· 150_3014_P1

· 150_3015_P1

· SK19

· WTL684-GRA-XX-XX-DR-L-1101-P Rev 01

· WTL684-GRA-XX-XX-DR-L-1301-P Rev 01

· WTL684-GRA-XX-XX-DR-L-1102-P Rev 01,

All received by the local planning authority on 19 April 2024.

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.

3)    Construction Management Plan

No development including any preparation works shall commence until a Construction Transport Management Plan has been submitted to and approved in writing by the local planning authority. The statement shall include:

a) Parking for vehicles of site personnel, operatives and visitors

b) Loading and unloading of plant and materials

c) Storage of plant and materials used in constructing the development

d) Programme of works (including measures for traffic management)

e) Provision of boundary security hoarding behind any visibility zones

f) Wheel washing facilities

g) Measures to control the emissions of dust and dirt during construction

h) A scheme for the recycling/disposing of waste resulting from demolition and construction works

i) Hours of work and deliveries, having particular regard to morning and afternoon peak traffic periods and the usual training patterns of morning training of horses and their use of nearby roads and paths

j) Avoidance of root protection areas of trees

k) Delivery routes, avoiding narrow roads and lanes

l) Management within the scope of the operation of the existing car park

The approved statement shall be adhered to throughout the construction period.

Reason: To ensure that the development does not prejudice the free flow of traffic and conditions of safety on the highway or cause inconvenience to other highway users in accordance with Policy CS16 of the Core Strategy (2007) and Policy DM35 of the Development Management Policies 2015.

4)    Sustainable Urban Drainage System (SUDS)

No development shall take place until a strategy of surface water drainage for the site using a Sustainable Drainage System (SuDS) has been submitted to and approved in writing by the local planning authority. The approved development shall be implemented in accordance with the approved strategy prior to the occupation of the structure and thereafter retained in that condition.

Reason: To ensure that the principles of sustainable drainage are incorporated into the development and to reduce the impact of flooding in accordance with Policy CS6 of the Epsom and Ewell Core Strategy (2007) and Policy DM19 of the Development Management Policies 2015.

5)    Compliance with Ecology Survey

The mitigation measures detailed in Section 4 of the approved Ecology Survey (ref: Phase 2 Ecological Surveys and Assessment, authored by Southern Ecological Solutions, dated March 2024) shall be carried out in full prior to occupation of the development hereby permitted and thereafter maintained for the lifetime of the development.

Reason: In the interests of minimising flood risk in accordance with Policy CS6 of the Core Strategy 2007 and Policy DM19 of the Development Management Policies 2015.

6)    Compliance with Archaeological Assessment

The development shall be built in accordance with the written scheme of Investigation for an Archaeological Trial Trench (Appendix 5.2 of the Supplementary Environmental Archaeology (WSI for EVAL SCAU 2024.pdf).

Reason: To safeguard the special archaeological interest of the site in accordance with Policy CS5 of the Core Strategy (2007) and Policies DM8, DM9 and DM10 of the Development Management Policies 2015.

7)    No Internal or External Lighting

No internal or external lighting shall be installed on the site or affixed to any buildings on the site unless the local planning authority has first approved in writing details of the position, height, design, measures to control light spillage and intensity of illumination. Only the approved details shall be installed.

Reason: To safeguard the amenities of the occupiers of neighbouring properties and visual amenity and to protect dark skies in accordance with Policy CS5 of the Core Strategy (2007) and Policies DM9 and DM10 of the Development Management Policies 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)    Building Control

Your attention is drawn to the need to comply with the relevant provisions of the Building Regulations, the Building Acts and other related legislation. These cover such works as the demolition of existing buildings, the erection of a new building or structure, the extension or alteration to a building, change of use of buildings, installation of services, underpinning works, and fire safety/means of escape works. Notice of intention to demolish existing buildings must be given to the Council’s Building Control Service at least 6 weeks before work starts. A completed application form together with detailed plans must be submitted for approval before any building work is commenced.

3)    Highway Works

The permission hereby granted shall not be construed as authority to carry out any works on the highway. The applicant is advised that prior approval must be obtained from the Highway Authority before any works are carried out on any footway, footpath, carriageway, or verge to form a vehicle crossover or to install dropped kerbs. Please see www.surreycc.gov.uk/roads-and-transport/roadpermits-and-licences/vehicle-crossovers-or-dropped-kerbs.

4)    Wheel Washing

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).

5)    Damage to Highway

Section 59 of the Highways Act permits the Highway Authority to charge developers for damage caused by excessive weight and movements of vehicles to and from a site. The Highway Authority will pass on the cost of any excess repairs compared to normal maintenance costs to the applicant/organisation responsible for the damage.

6)    Protected Species

The applicant is reminded that it is an offence to disturb protected species under the Wildlife and Countryside Act 1981. Should a protected species be found during the works, the applicant should stop work and contact Natural England for further advice on 0845 600 3078.

7)    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.

8)    Biodiversity Net Gain

The applicant is reminded of their obligations to deliver mandatory biodiversity net gain on-site in accordance with Schedule 7A of the Town and Country Planning Act 1990, including (a) submitting a Biodiversity Gain Plan that accords with the National Planning Practice Guidance and the approved BNG Assessment and Metric Tool; and (b) not operating prior to a completion report being agreed by the local planning authority.