Agenda item

Proposal

Hybrid application for: a) Outline application for the development of up to 254 residential dwellings on 13.15 ha of the site including an access from The Street, construction of a primary route through the site and an emergency access link from Grange Road, provision of open space including children's play areas, sustainable urban drainage systems and green links on the site. (Matters for approval: Access with all other matters reserved) and b) Full planning permission for the change of use from agricultural land to use as a Suitable Alternative Natural Greenspace (SANG) on 17.7ha of land to the east of Tongham Road to serve the proposal and the surrounding area, including access, pathways and associated landscaping. This is a cross boundary application, at  Land at North End of Tongham Road,  Runfold (as amplified by additional ecological information received 26/6/2017, 12/8/2017 and 31/8/2017)

Decision

Proposal

Hybrid application for: a) Outline application for the development of up to 254 residential dwellings on 13.15 ha of the site including an access from The Street, construction of a primary route through the site and an emergency access link from Grange Road, provision of open space including children's play areas, sustainable urban drainage systems and green links on the site. (Matters for approval: Access with all other matters reserved) and b) Full planning permission for the change of use from agricultural land to use as a Suitable Alternative Natural Greenspace (SANG) on 17.7ha of land to the east of Tongham Road to serve the proposal and the surrounding area, including access, pathways and associated landscaping. This was a cross boundary application.

With reference to the report circulated with the agenda, Officers presented a summary of the planning context for making a decision on the application, and the proposed development including site plans and the layout. Officers outlined the determining issues and those matters of a more subjective nature.

Officers advised that since the publication of the agenda, the Guildford Borough Council planning committee had resolved that the application be refused contrary to the officer recommendation. This was highly material and as such, officers had reviewed the original recommendation in light of this. Officers sought legal advice regarding the recommendation and this outlined that Waverley should only determine elements of the scheme that came within the Borough.

The Committee was advised that given the resolution of Guildford to refuse permission, and in the absence of an appropriate legal agreement, the long term provision and maintenance of the SANG could not be secured or controlled in perpetuity. Guildford had also indicated that they would not be willing to enter into an appropriate legal agreement to secure the SANG. As such, there was no realistic mechanism of securing the provision of the SANG in its entirety, and its long term management. Furthermore, officers were not satisfied that the element of SANG falling within Waverley, would be of a sufficient distance and size in isolation, to meet the requirements of Natural England, such to provide appropriate mitigation for housing on the SPA.

Officers advised that they had considered the reasons given by Guildford for refusal. These closely related to the residential element of the scheme and were not considered to affect the acceptability of the SANG although it did prevent the delivery of the SANG in full. As such, it would not be appropriate to apply the same reasons for refusal in respect of this application. The update sheet outlined the revised recommendation for refusal to the Committee.

Public speaking

The public speaking scheme was not triggered for this proposal.

Discussion

The Committee considered the application following the officers presentation. Concern was raised about the ownership of the land and the isolated positioning of the proposed SANG. The Council’s Legal adviser provided Members with detailed advice about the legal position with the position and the proposal for refusal. In relation to the positioning of the SANG, Members expressed concern about the distance away from the development, and, although a pedestrian access was provided, it felt that this was not appropriate, isolated and too far of a distance for a safe walk from the development site to the SANG.

Following further debate and advice from Officers regarding the Council’s position with the application being cross boundary, the recommendation for refusal was put to the Committee which was unanimously agreed.

Decision

That permission be REFUSED, for the following reason:

1.         Insufficient information has been submitted to the Council, such as to demonstrate that the proposed SANG, within the Waverley Borough administrative boundary could be delivered in isolation, such as to mitigate and avoid a likely significant effect upon the Thames Basin Heaths SPA from residential housing development and that it would be maintained in perpetuity. As such, there would be no strong case that the provision of SANG would override the need to protect the high quality agricultural land. The proposal would therefore conflict with Policy RD9 of the Waverley Borough Local Plan 2002 and paragraph 112 of the NPPF.

The Committee also proposed that there be the addition of an informative in relation to ensuring that the SANG was maintained in perpetuity.