Agenda and minutes

Apologies for absence were received from Councillors David Bilbé, Chris Blow, Angela Goodwin and The Mayor, Councillor Marsha Moseley.  Councillor Deborah Seabrook and Will Salmon attended as substitutes for Councillors Blow and Goodwin respectively.  No substitutes were in attendance for Councillors Bilbé or The Mayor, Councillor Marsha Moseley.

In addition, Councillors Tom Hunt, Julia McShane and John Rigg were in attendance online as well as Councillor Chris Blow who were all observing the meeting only. 

In accordance with the local Code of Conduct, a councillor is required to disclose at the meeting any disclosable pecuniary interest (DPI) that they may have in respect of any matter for consideration on this agenda.  Any councillor with a DPI must not participate in any discussion or vote regarding that matter and they must also withdraw from the meeting immediately before consideration of the matter.

If that DPI has not been registered, you must notify the Monitoring Officer of the details of the DPI within 28 days of the date of the meeting.

Councillors are further invited to disclose any non-pecuniary interest which may be relevant to any matter on this agenda, in the interests of transparency, and to confirm that it will not affect their objectivity in relation to that matter.

21/P/01283 – Howard of Effingham School Lower Road, Effingham, Leatherhead, KT24 5JR and 21/P/01306 – Land at Effingham Lodge Farm, Lower Road, Effingham, Leatherhead, KT24 5JP

Councillor Liz Hogger declared a non-pecuniary interest in the above applications.  She stated that although she was a member of Effingham Parish Council, she did not comment or vote on any planning applications which came before the Parish Council and therefore did not participate in the Parish Council’s decision to object to these applications.  Councillor Hogger also stated that several of her friends and acquaintances in Effingham had objected to these applications, she had played no part in their decision to object.  Neither of these issues would affect her own judgement and would approach the discussions on both applications with an open mind. 

The minutes of the 21 and 30 March will be available for the Committee’s approval at their meeting scheduled on 27 April 2022.

The minutes of the Planning Committee meeting held on 21 March 2022 would be available for approval at the next meeting scheduled on 27 April 2022.

To receive any announcements from the Chairman of the Committee.

The Committee noted the procedures for determining planning applications.

The Committee considered the hybrid planning application for outline planning permission (only access to be considered) for the erection of 4 self-build dwellings on land at 408-410 Lower Road, Effingham following demolition of all existing buildings; and full planning permission for the erection of 110 dwellings, with access, parking, community assets, landscaping, and associated works on land at Effingham Lodge Farm, Lower Road, Effingham.

Prior to consideration of the application, the following persons addressed the

Committee in accordance with Public Speaking Procedure Rules 3(b):

·         Cllr Bronwen Roscoe (On behalf of Effingham Parish Council) (to object) (in person);

·         Mr Ian Smith (Vice-Chairman of Effingham Resident’s Association) (to object) (in person);

·         Mr John Rhodes OBE, Quod – Planning Consultant on behalf of the applicant (In Support) (online) and;

·         Ms Rhona Barnfield, The Howard Partnership Trust – on behalf of Howard of Effingham School (In Support) (in person)

The Committee received a presentation from the planning officer, John Busher.  The Committee noted the supplementary late sheets which detailed some corrections, additional information and late representations.  The Committee were also reminded that Mr Anthony Lee (Viability Consultant) was online in order to answer any queries.  The application was a hybrid planning application for part outline consent for 114 dwellings and open space on land to the north of Effingham.  Whilst the proposal was a separate planning application, it was also linked to the Howard of Effingham enabling proposal which was allowed on appeal by the Secretary of State in 2018.  The construction of 295 dwellings on three sites within the village would fund the construction of a new and expanded secondary school.  The appeal proposal was no longer viable, therefore the additional 114 dwellings proposed through this application was now required to make the scheme viable again.  The current proposal consisted of three sites, this site where 110 of the 114 dwellings would be located, a smaller site for outline planning permission for four detached dwellings and a new area of open space fronting onto Lower Road.  All three parcels of land were located within the Green Belt and were outside of the Effingham Conservation Area.  However, the parcel of land for outline planning permission did not adjoin the boundary of the Conservation Area.  A number of residential pockets were located along Effingham Common Road.  The largest parcel of land to the north would have 110 dwellings with the proposed access from Effingham Common Road and would use the spine road, approved at appeal.  The proposed four detached self and custom build houses would result in the demolition of two existing detached properties which currently occupied the site but were vacant and derelict and had been for some time.  The village green would also be located at the entrance to the wider development fronting onto Lower Road.      

The main residential site that would accommodate 110 dwellings would lead to two parcels of development with 40 apartments and 70 dwellings of which 19 per cent would be affordable which equated to 22 units.  Three apartment  ...  view the full minutes text for item PL5

Prior to consideration of the application, the following persons addressed the Committee in accordance with Public Speaking Procedure Rules 3(b):

·         Cllr Bronwen Roscoe (On behalf of Effingham Parish Council) (to object) (in person)

·         Mrs Vivien White (Chairman of Effingham Resident’s Association) (to object) (in person)

·         Mr John Rhodes OBE, Quod – Planning Consultant on behalf of the applicant (in support) (online)

The Committee considered the above-mentioned full application for variation of condition 1 (approved plans) of planning permission 14/P/02109 approved at appeal on 21/03/2018, to refer to updated parameter plans annotated to show the areas no longer to be developed pursuant to that application.

The Committee received a presentation from the planning officer, John Busher and noted the supplementary late sheets.  This application also related to the Howard of Effingham site and was a Section 73 application.  The application should be determined on the basis of the effect of varying the specified condition.  The principle of the appeal scheme could not be re-opened or re-examined and was only an assessment of the changes which were being proposed in the context of current planning policies and the Local Plan.  The Section 73 application only related to the Lodge Farm site and the other sites remained unaffected by the proposal.  The proposal sought to remove, two parcels of land from the approved consent associated with application 14/P/02109.  The first parcel of land to be removed was located to the west of the school playing fields.  However, the orientation of the school sports facilities was amended and therefore this parcel of land had become surplus to requirements.  The second parcel of land was located at the entrance to the site fronting Lower Road and was originally proposed to be used as outdoor amenity space for the school. 

Planning officers had concluded that that the removal of these areas of land from the appeal scheme would have no particular harm on the operation of the school or the character and appearance of the site.  The proposal did not amend the original description of development and was not inconsistent with it.  The application was therefore recommended for approval subject to conditions and the completion of a Deed of Variation.

In response to comments made by the public speakers, the planning officer, John Busher confirmed that in their opinion it was not a fundamental change proposed to the scheme.  The removal of the two parcels of land did not result in a development which was significantly different to that which had already been approved and did not introduce any new dwellings which the developer would need to seek planning permission for separately. 

The Committee considered the application and noted concerns raised that whilst it was accepted the two parcels of land were no longer required for the purposes of the school, they were still required to deliver a balance of open space for the permitted scheme.  The Planning Inspector had taken this into account regarding the amount of open space to be made available and stated  ...  view the full minutes text for item PL6

Prior to consideration of the application, the following persons addressed the Committee in accordance with Public Speaking Procedure Rules 3(b):

·         Mr Richard Bartholomew (to object) (in person)

·         Mr John Burns (to object) (in person)

·         Mr Mark Hendy (Agent) (In Support) (in person)

The Committee received a presentation from the planning officer, Jo Trask and noted the supplementary late sheets.  The application site was inset from the Green Belt with the exception of an area of land to the south and east which remained within the Green Belt.  It was an allocated site in the Local Plan for approximately 26 dwellings and 90 square metres of retail/service area.  The front part of the site was located within the Ripley Conservation Area and was an area of high archaeological potential.  The site was also within the 400 metres to 5 km of the Thames Basin Special Protection Area and was in proximity of Grade II and Grade II star listed buildings.  A curtilage listed wall was also located within the site which was subject to the listed building application on the agenda. 

The proposal was for the erection of 26 dwellings following the demolition of existing buildings on site as well as two sections of the listed wall.  All other structures to be demolished were not listed.  The development was comprised of a mix of detached and semi-detached terraced and flatted properties, 42 parking spaces onsite as well as one visitor parking space.  Access to the site would be provided from Whitehorse Lane and widened to 4-8 metres with a footpath provided to the east of the access road.  The proposed building heights ranged between 6.8 metres to 8.9 metres.  Numbers 1 to 3 have been designed to sit tight to the pavement and reflect the key characteristics of this part of the conservation area. 

The application proposed a mixture of 2 x 1 bed properties, 11x2 bed properties, 7x3 bed properties and 6x4 bed properties.  As detailed in the supplementary late sheets, the scheme also included the provision of 7 on site shared ownership units on plots 1 and 2.

In conclusion, the site was allocated under policy A44 within the Local Plan for approximately 26 dwellings plus 90 metres of retail or service use.  The proposal sought to provide 26 dwellings.  Some harm was afforded to the conflict with the Local Plan in the failure to provide the retail or service floor space.  The application was also accompanied by a viability appraisal report.  The recommendation then was that the Heads of Terms included a financial contribution towards affordable housing.  Since that time, the applicant had approached the Council and offered the provision of 7 onsite shared ownership units that had been supported by the Housing and Strategy Manager.  The benefits of the scheme afforded by the housing proposed outweighed the less than substantial harm to the heritage assets.

In response to comments made by the public speakers, the planning officer, Jo Trask confirmed that the County Council as the Highway  ...  view the full minutes text for item PL7

The Committee considered the above-mentioned Listed Building Consent application for the partial demolition of the existing wall to enable the erection of 26 houses and flats, associated landscaping, open space, access and parking following demolition of buildings. 

The Committee received a presentation from the planning officer, Jo Trask.  The Committee noted that the application site was allocated under Policy A44, and the majority of the site had been inset from the Green Belt.  The outline application was allowed at appeal and included the demolition of the same section of the listed wall as proposed under this current listed building application.  The partial demolition of the wall would result in some harm to the heritage assets.  However the public benefits afforded by the provision of 26 dwellings and removal of the existing structures onsite were perceived to outweigh that harm.  The Committee noted a condition did apply that the partial demolition of the wall could not be implemented until planning permission was granted that delivered a housing scheme onsite.

The Inspector at the appeal granted the acceptability of creating an opening through the existing wall and considered it less than substantial harm when weighed against the benefits of redeveloping the site.  The application was therefore recommended for approval. 

The Committee considered the application and agreed that given there was a condition that ensured the partial demolition of the wall could not be carried out until a housing scheme was delivered onsite, the proposal should be approved.

A motion was moved and seconded to approve the application which was carried.

In conclusion, having taken account of the representations received in relation to the application, the Committee

RESOLVED to approve application 20/P/01058 subject to the conditions and reasons as detailed in the report.

Owing to the late hour, the Committee agreed to defer the above application to a specially convened Planning Committee meeting scheduled on 13 April 2022.

Owing to the late hour, the Committee agreed to defer the above application to a specially convened Planning Committee meeting scheduled on 13 April 2022.

Committee members are asked to note the details of Appeal Decisions as attached at Item 6.

The Committee noted and discussed the planning appeals.