INTRODUCTION

This application is made by Woking Borough Council under Regulation 4 of the Town and Country Planning General Regulations 1992 for residential development on land within the Council's ownership.

The application relates to one of the Private Finance Initiative (PFI) housing sites identified by the Council's Housing Service as part of the Housing PFI bidding process for the £43 million of PFI credits which are available towards the cost of provision of Affordable Housing.

As part of the Council's Outline Business Case for its Housing PFI bid, Outline planning permissions are required for the sites.

The application was submitted without an Environmental Impact Assessment and, therefore, in accordance with Regulation 7 and para. 67 of Circular 2/99 the Local Planning Authority needed to consider whether the proposal constitutes a Schedule 1 or Schedule 2 development and, if so, adopt a screening opinion.

The LPA considered that the proposal constituted Schedule 2 development and accordingly screened the application. The decision of the Local Planning Authority was to adopt a screening opinion that an Environmental Impact Assessment was NOT required.

___________________________________________________________________

SUMMARY OF PROPOSED DEVELOPMENT

Outline application for the erection of a residential development on a 9.75 hectare site, to include a minimum 60 per cent Affordable Housing.

The application is submitted in Outline with all matters except the Means of Access to the site reserved for future consideration. Should Outline Planning Permission be granted, siting (including layout and the quantum of development proposed), design (including form, height, scale and massing), external appearance and landscaping will be the subject of Reserved Matters applications.

Therefore, the only matters for consideration are the principal of the development and the means of access to the site.

PLANNING STATUS

RECOMMENDATION

Refer the application to the Government Office for the South East under the Residential Development on Greenfield Land Direction and as a Departure from the Development Plan and with the recommendation that the Council is minded to:

Grant Planning Permission subject to Conditions and a Legal Agreement

SITE DESCRIPTION

The application relates to the safeguarded housing site at Moor Lane in Westfield.

The 9.75ha site is bounded to the south by Moor Lane, to the west by Westfield Way and Westfield Common, to the north by Balfour Avenue, Quartermaine Avenue and Newlands Avenue and to the east by open countryside within the Green Belt.

The site is currently largely open nursery land with Oaklands Nursery in the north-west corner of the site and buildings associated with Langhurst, Ena Cottage, Rosecot, Withay and Little Moor Lane Farm along the southern side of the site.

A public right-of-way crosses the site north-south from Newlands Avenue to Moor Lane.

PLANNING HISTORY

There are various applications for minor matters relating to various components of the wider site. The following applications relate to comprehensive redevelopments of the site or the larger part of it:

89/0686 Erection of 152 dwellings together with provision of estate roads with access from Balfour Avenue and Moor Lane (Refused 02.02.90)

Note: this application related to the western and central part of the site and was refused for the following reasons:

06/0384 Erection of a residential development at a density of not more than 49 d.p.h. and not less than 30 d.p.h. on a 9.75 ha site including a minimum 60 per cent Affordable Housing (Outline considering siting and means of access) (Withdrawn 12.04.06)

PROPOSED DEVELOPMENT

The proposal is an Outline application for the erection of a residential development on a 9.75 hectare site, to include a minimum 60 per cent Affordable Housing.

Only the principle of the use of the land for residential purposes and the means of the access to the site are for consideration.

The application shows four access points from Moor Lane itself and one from Newlands Avenue in the north-east corner of the site.

The `red-line' area of the application site includes the existing carriageway of Moor Lane and the strip of common land and highways land to the north. Moor Lane would be required to be upgraded to serve the development.

All existing buildings on the site are shown to be demolished. This includes the buildings at Oaklands Nursery in the north-west corner of the site and Langhurst, Ena Cottage, Rosecot. Withay and Little Moor Lane Farm.

SUMMARY INFORMATION

Site Area 9.75ha

Existing units 6

Proposed units n/a

Number of bedrooms per unit n/a

Proposed density - dwellings/hectare n/a

Proposed density- habitable rooms/hectare n/a

Existing density of site - dwellings/hectare n/a - Nursery land

Existing density of area - dwellings/hectare n/a

Number of affordable units proposed 60 per cent

Previous land use Nursery land

Existing parking spaces n/a

Proposed parking spaces n/a

CONSULTATIONS

SEERA: Not considered that the proposals are of regional significance and therefore the Assembly do not wish to make representations.

SCC Planning: “No objection to the release of the site to provide primarily affordable housing as part of a wider PFI project…it will need to ensure at the reserved matters stage the type and size of housing is in line with local needs, density, design and layout reflects the principles in PPG3 and SE4, provision is made for at least 10 per cent renewable energy and mitigation measures in respect of the SPA.”

Highway Authority: Recommends refusal on the basis of the information submitted to date. See `Planning Issues'

Environment Agency: See `Planning Issues'

HES (Land Drainage): No objections

Farnboro' Airport: No objections

English Nature: Recommends refusal if mitigation cannot be agreed. See below.

SCC Archaeology: Recommends condition

Environmental Health (Contamination): No objection subject to Condition

Leisure/Community Services: “It is noted that the application acknowledges the need to address REC1 requirements and the SPA issues. We would welcome the opportunity to discuss how best to apply these requirements at the appropriate stage.”

REPRESENTATIONS

24 letters of objection have been received including one from Moor Lane Residents' Association. They raise the following matters:

These matters are addressed where appropriate under `Planning Issues'

APPLICANT'S POINTS

The applicant has submitted a Planning and Design Statement in support of the application including the following:

A further Planning Policy Statement prepared by Boyer Planning on behalf of the applicants is also provided.

The applicants have indicated that a Transport Assessment and Flood Risk Assessment are being prepared. At the time of writing the report these had not yet been submitted in support of the application.

RELEVANT PLANNING POLICIES

NE1, SPAs and SSSIs

NE2, Local Nature Reserves and SNCIs

NE5, Species Protection

NE9, Trees Within Development Proposals

NE10, Landscape Design

NE11, The Flood Plain And Surface Water Runoff

GRB6, Safeguarded Sites

BE1, Design of New Development

BE2, Crime Prevention

BE3, Access for People with Disabilities

BE6, Energy Conservation

BE16, Areas of High Archaeological Potential And Other Sites Which Contain Archaeological Remains

HSG5, Moor Lane, Westfield

HSG9, Small Dwellings

HSG10, Affordable Housing Through New Build

HSG18, Residential Development in Urban Areas

HSG19, Density and Site Coverage

HSG21, Outlook, Amenity, Privacy and Daylight

HSG22, Plot Sub-Division - Infilling and Backland Development

REC1, Formal Recreational Open Space Provision

REC2, Formal Recreational Open Space Provision in Major Housing Developments

MV1, General Principles in Evaluating Movement-Related Development

MV3, The Movement Implications Of Development

MV4, Improvements to Transport Infrastructure

MV5, Environmental Impact of Traffic

MV7, Access to Class `A' Roads

MV9, Off Street Parking

IMP1, Site Assembly

IMP3, Planning Benefits

The site is identified as Proposal Site 13/H in the Local Plan. The schedule of Local Plan Proposals sites at p. 221 of the Local Plan states that:

Proposal: “Housing Development to include a significant proportion of one or two bedroom units. A minimum of 50 of the units should be affordable housing. Three acres of outdoor playing space should be provided to included children's play area and a full size pitch for ball games. “

Justification: “This land will only be released after 2001. It will be released in phases as necessary to meet Surrey Structure Plan provision. It is unlikely that all the site will need to be released before 2006. The site can accommodate approximately 200 dwellings in total.”

Design Notes: “A master plan should be produced showing how the whole site will eventually be developed before the first phase is constructed.

The master plan should include adequate provision of open space, together with any other facilities necessary to serve the development.

Two sides of the site have rural boundaries and it is important that the form and layout of housing respects this context. Houses should be of traditional pitched roof design not exceeding two storeys. The layout should make best use of existing features such as trees and hedgerows.

Access could be obtained from both the north and south, but in either case highway improvements will be required to adjoining roads, and at their junction with Westfield Road. This will require the replacement of a small amount of Common Land.”

Surrey Structure Plan 2004:

L01, Location of Development

L02, Managing Urban Areas

L06, Housing Provision

L07, Employment Land

SE1, Natural Resources and Pollution Control

SE2, Renewable Energy and Energy Conservation

SE3, Flooding and Land Drainage

SE4, Design and the Quality of Development

SE6, Biodiversity

SE7, Nature Conservation

SE8, Landscape

DN1, Infrastructure Provision

DN2, Movement Implications of Development

DN3, Parking Provision

DN4, Public Transport

DN5, Cycle and Pedestrian Routes

DN10, Housing Type and Need

DN11, Affordable Housing

DN13, Leisure and Recreation Facilities

OTHER RELEVANT GUIDANCE

Planning Policy Statement 1 - Delivering Sustainable Development

Planning Policy Statement 9 - Biodiversity and Geological Conservation

Planning Policy Statement 22 - Renewable Energy

Planning Policy Guidance Note 2 - Green Belts

Planning Policy Guidance Note 3 - Housing

Planning Policy Guidance Note 13 - Transport

Planning Policy Guidance Note 16 - Planning & Archaeology

Planning Policy Guidance Note 17 - Planning for Open Space, Sport and Recreation

Planning Policy Guidance Note 25 - Planning & Flood Risk

Regional Planning Guidance Note 9 - The South East

Sustainable Communities in the South East - ODPM

Better Places to Live: A Companion Guide to PPG3

Living Places - Urban Renaissance in the South East

By Design: Urban Design in the Planning System

Supplementary Planning Guidance - Affordable Housing

Supplementary Planning Guidance - Outlook, Amenity, Privacy & Daylight

Supplementary Planning Guidance - Housing Density

Climate Neutral Development - A Good Practice Guide - WBC

Planning For Sustainable Development: Towards Better Practice - ODPM

BRE Environmental Assessment Method

Circular 06/2005 - Biodiversity and Geological Conservation - Statutory Obligations and their Impact within the Planning System.

The Conservation (Natural Habitats etc.) Regulations 1994 (and 2000 Amendment)

SUSTAINABILITY

Location: The proposal could improve the utility of a site within the Urban Area

Density: None specified at this stage

Mixed Use: The proposal is solely for residential development, but this is appropriate given the location.

Parking: Not for consideration at this stage.

Building Techniques: Not for consideration at this stage.

Heating and Energy Initiatives which reduce CO² emissions: Not for consideration at this stage.

Further commentary below.

PLANNING ISSUES

This application is in outline with the only matters for consideration being the principle of residential development on the site and the means of access to the site.

Principle

The application site is one of the safeguarded housing sites as designated on the Local Plan. The safeguarded sites lie between the Urban Areas and the Green Belt

Policy GRB6 of the Local Plan states that land at Moor Lane is designated for a phased residential development after April 2001 but will remain subject to Green Belt policy in the interim.

Policy HSG5 states that the phased release of the Moor Lane site for housing development would be permitted after April 2001 if it is necessary to meet the Housing Supply provisions of the Surrey Structure Pl an or to meet any deficit in the 5 year housing land supply after April 2001. In the interim, whilst the site lies between the Urban Area and the Green Belt, it will be subject to Green Belt policy. Should the land not be required to be released for these purposes (as has proven to be the case, it will continue to be safeguarded beyond the plan period i.e. post 2006) The reasoned justification to this Policy suggests that the site can accommodate approximately 200 dwellings overall (Note: this would equate to a density of 20.5 d.p.h.)

It should also be noted that the Woking Local Development Framework - Core Strategy Preferred Option Development Plan Document states; “the safeguarded long-term development sites are on land excluded from the Green Belt, at Moor Lane, Westfield and Brookwood Farm, Knaphill to meet longer term development needs. They meet, or can be brought up to, basic accessibility standards and are free from overriding environmental constraints. Environmental mitigation and/or infrastructure improvements may be required. All or part of the sites will be brought forward if required, either through the Site Allocations DPD or via a planning application. Detailed policy on the mix of house types and the affordable/market housing split would be set at that time, but it is expected that the sites would provide at least 60% affordable housing. Any planning application is likely to need to be referred to the Secretary of State under the Green Field Sites Direction.”

The Housing Supply Provisions of the Surrey Structure Plan currently identify a distribution of 3,340 units for Woking between 2001 and 2016. The Policy and Performance Service confirms that between 2001 and 2006 approximately 2 thirds of this Structure Plan allocation has been permitted. It is not therefore considered that this proposed development would be in line with the requirements of HSG5. Members therefore need to consider whether there are any other material considerations, of sufficient weight, to justify the proposal.

Paragraph 13 of the ODPM guidance note, The Planning System: General Principles, states that material considerations must be “genuine planning considerations, i.e. they must be related to the development and use of land in the public interest. The considerations must also fairly and reasonably relate to the application concerned. Circular 06/98 establishes that a community's need for affordable housing is a material planning consideration which may properly be taken into account when deciding planning applications (paragraph 1).

It is noted that the planning policy statement accompanying the application comments that the Council's Housing Needs Assessment (2004) identified a need for affordable housing to be provided at a rate of 539 dwellings per annum. This has now been updated for 2006 and indicates that there is an outstanding affordable housing need of 392 units per year, over 5 years, up to 2011. To put this figure into context, the Draft South East Plan recommends the delivery of 242 units per annum within the Borough (although this figure relates to general housing and is not specific to affordable housing). Clearly, if the Council's current affordable housing policy of 35 per cent was applied to the South East Plan distribution it would only deliver in the region of 80 units per annum. In fact, this represents the absolute maximum that could be achieved and assumes that all housing comes forward on sites above the 25 unit threshold which triggers the need to provide affordable housing. In practice, few sites are above this threshold and it can consequently be seen that the overall number of affordable units likely to come forward would be considerably less than the identified need of 382.

Given this identified level of need for affordable housing, its provision is considered to represent a development and use of land that is in the public interest. It is considered that the weight attached to this as a material consideration is clearly sufficient to justify an exception to be made to the Development Plan policy. Furthermore, it is considered that this would still apply when considering this site both on its own merits and cumulatively with the other sites subject of outline applications as part of the Council's PFI bid process.

The County Planners' Strategic response reflects this view. It states that:

“Clearly there is no land supply requirement to release the site at present, but there is a substantial and growing unmet need for affordable housing, and relatively few opportunities likely to emerge from potential sites within the urban areas (beyond those identified). The release of the site (and the Brookwood Farm site) offers an opportunity to deliver much needed affordable housing and, in conjunction with the PFI project, to identify necessary public funding. This is potentially a one-off opportunity to substantially enhance the provision of affordable housing in the Borough and this is considered to be sufficient justification to bring sites forward in advance of the phasing in the adopted Local Plan.

The site at Moor Lane, Westfield is a reserve housing site in the Borough Local Plan. There is currently sufficient housing supply identified to meet Structure Plan and emerging South East Plan requirements, without the need to release this site (or the Brookwood Farm site). However, there is an unmet and growing requirement for affordable housing, which cannot be met through the use of smaller, previously developed urban sites, which form the bulk of the anticipated land supply. This affordable need, together with a commitment to deliver 60% minimum affordable provision, is considered to outweigh the current land supply objection under Policy LO6. Thus, no objection is raised to the release of this site to provide primarily affordable housing, as part of a wider PFI project for the Borough.”

On this basis, it is considered that the development of the land for residential purposes with a 60 per cent proportion of Affordable Housing is acceptable in principle.

Means of Access and Highways Considerations

The application proposal shows accesses at four positions along the southern boundary of the site with Moor Lane and at one position through Newlands Avenue in the north-east corner of the site between 48 Newlands Avenue and 11 Quartermaine Avenue.

The accesses are at logical locations and demonstrate that the site can be adequately accessed from the public highway.

The Local Plan notes that access could be obtained from both the north and south, but in either case highway improvements will be required to adjoining roads, and at their junction with Westfield Road. This will require the replacement of a small amount of Common Land. The red-line for the application site incorporates the whole of Moor Lane, including land within public ownership immediately to the north of Moor Lane and at the junction with Westfield Road.

The applicants advise that a Transport Assessment is being prepared in respect of the proposal.

SCC Highways (the County Highways Authority) assesses the application against the following criteria:

-Site Accessibility

SCC Highways note that about three quarters of the development site is outside the recommended 400m maximum walk distance to a bus stop. They advise that detailed consideration needs to be given as to whether the site is sufficiently `non-car accessible.'

The level of development proposed at the site, and the likely phasing of the development is not for consideration at this stage and, therefore, a detailed assessment of how the site's location can be mitigated in locational/access terms cannot at this stage be made. The Reserved Matters proposals would be required to be accompanied by a transport assessment that should consider this matter. The responses from SCC Planning acknowledge that it is legitimate to secure infrastructure in a planning obligation this way.

-Movement Generation & Compatibility with the Transport Infrastructure

SCC Highways raise the issue of the impact of likely traffic movements on the highways network. Their considerations are based on an assumed level of development at 30-50dph and indicate that the likely traffic flows from this level of development may have a significant impact. This would result in the requirement to upgrade parts of the highway outside of the site.

The comments of the SCC Highways in terms of likely traffic generation are noted. However, at this stage, the application is for the principle of residential development only and does not express any information about likely numbers and consequently traffic generation. The Reserved Matters application should address this matter by including a transport assessment that considers significance of the likely movement generation of the development on the adjacent transport infrastructure, identifies any proposed measures to mitigate any problems (including as necessary road widening and junction improvements) and demonstrates that they can safely accommodate the estimated level of movement from the development. It should demonstrate that these improvements can be provided on land within the applicant's control and the recorded extent of the public highway. It should provide detailed plans showing the primary Moor Lane and secondary Newlands Avenue sites accesses.

-Measures to Promote Non-Car Travel

SCC Highways indicate that the developments should advance proposals to promote the use of public transport, walking and cycling, preferably as part of a 'development travel plan'

Again, at the Reserved Matters stage, the application should be supported by a TA advancing proposals to promote the use of public transport, walking and cycling, preferably as part of a 'development travel plan.'

-Cumulative Transport Impact

SCC Highways advise that increasing travel demand on the existing highway and public transport system, through development without investment, is unsustainable. Surrey has drafted a strategy to tackle the cumulative environmental impact of development on transport infrastructure. The current draft method seeks to secure a transportation impact fee from applicants, to promote local access improvement schemes to help to mitigate the movement demand of development.

The applicants have indicated that the appropriate impact mitigation fee will be provided. This will need to be secured by the legal agreement as part of this application with the amount of the contribution determined when the form and level of development and phasing is known.

-Other Matters

SCC Highways recommend that site construction traffic should not use the Balfour Avenue Estate to access the site. This implies that construction access should be via Moor Lane and Moor Lane will only be suitable for construction access once it is improved. Therefore the proposed Moor Lane improvements should be constructed as the first development operation to enable construction access to the site.

In summary, whilst the County Highways Authority has recommended refusal of the application on the basis of the lack of detailed information received with the proposal, officers are of the opinion that the concerns highlighted can be addressed through the land deal and at the Reserved Matters stage. It is not, therefore, considered that there is an overriding highways objection in principle to the proposal that cannot be addressed with appropriate conditions.

A condition is recommended to address this.

Subject to the securing of the appropriate mitigation and enabling works through a planning obligation, the proposal is considered to be appropriate in highways terms.

Affordable Housing

Policy HSG10 of the Local Plan requires that an element of Affordable Housing be provided on sites of this nature. The associated Supplementary Planning Guidance requires that that the Borough Council will expect 35 per cent affordable housing on sites that trigger the threshold. The preferred location for affordable housing will be on site.

As noted above, in order to address the Green Belt consideration, the application proposes 60 per cent of the units to be Affordable. Clearly this accords with Policy HSG10, the SPG and emerging LDF policy.

The site is identified in the Local Plan as being appropriate for housing and forms a logical extension to the Urban Area. As such it is considered to satisfy the locational policy requirements for housing including Affordable Housing.

Subject to an appropriate density, scale and form of development and mix of types of Affordable Housing being secured at the detailed stage, it is considered that the site is appropriate for Affordable Housing at the level proposed.

On this basis, this application accords with Affordable Housing policy and reflects the SPG.

Infrastructure (School Places, Medical Facilities etc.)

Policy DN1 of the Structure Plan requires that the LPA ensures that the infrastructure requirements of a development are established when determining applications. Developments should not be permitted unless the infrastructure to service the development is available or will be provided. In assessing this matter, the cumulative effect of development needs to be taken into account. The developer will be required to provide or contribute towards infrastructure improvements related to new developments.

Surrey County Council's Planners are consulted on strategic applications of this nature and give a view as to whether a proposal is acceptable in terms of its impact on schools places, libraries, highways and medical facilities.

They have raised no objections to the proposals on these grounds on the basis that any outline permission issued is subject to an obligation to ascertain what requirements there are in respect of Highway Matters, Sustainable Transport Contribution, an Affordable Housing Commitment, a Local Education Contribution, Local Play Space, Other Community Facilities, possibly Environmental/Landscaping contributions and the provision of such infrastructure requirements as may be identified as being required.

At the Reserved Matters stage, the quantum of development being proposed would be evident and the appropriate studies would be able to be undertaken to determine the precise nature and level of infrastructure provision required.

As a matter of information, SCC's Schools Place Planning Group note that they are currently reviewing school place provision in Woking (and south Woking in particular) with a view to reducing the number of places because of falling rolls. Furthermore, the applicants note that most families on the housing register, awaiting the provision of affordable housing are already housed within the borough. As such, there is no net gain in terms of educational places, therefore, any impact on the local schools will be considerably reduced in contrast to the level of demand from a full open market housing proposal on this site

On this basis, and subject to the planning obligation securing the submission and implementation of an appropriate mitigation scheme at the Reserved Matters stage (based on the precise level of development proposed), the proposal is considered to accord with Policy DN2.

Flooding/Run-Off

A small part of the NE corner of the site is within the 1:1000 years Flood Zone (EA Flood Zone 2)

There are other isolated islands within the site which are shown as being within the historic floodplain. These are an area to the NW of the site where Oaklands Nursery currently is and smaller areas to the centre of the site and adjacent to Langhurst.

The Environment Agency has been consulted on the application and has raised objections on the basis that insufficient information has been submitted on this matter to enable the EA to determine the ecological impacts of the proposals, there is no assessment of flood risk on the site. The EA has concerns regarding the principle of residential development on the basis that there may be an increase in the number of residents in the floodplain and the development may consequently increase flood risk elsewhere. Furthermore they consider that the generation of surface water runoff from a housing development covering up to 9.75Ha of currently greenfield land is likely to increase the risk of flooding downstream of the development.

The matter of the ecological impact of the development is dealt with elsewhere in this report.

The concerns in respect of both flooding and surface water run-off are noted and the applicant has advised that a detailed Flood Risk Assessment is being prepared. Whilst areas of the site are within the historic flood plain and flood zone 2, the larger part of the site is unaffected by flooding according to records. As the level and form of development is not for consideration at this stage, it is considered that adequate control over the siting of the development would be afforded at the Reserved Matters stage and through conditions and the legal agreement to determine that planning permission should not be withheld on this basis. In simple terms, the site could be laid out such that buildings and areas of hardstanding do not fall within the flood areas. This is particularly the case given that Policies REC1 and REC2 will require fairly substantial areas of the site to be given over to open space - this open space could form the dual function of being sited on those parts of the site that cannot be developed for flooding reasons.

Similarly, the issue of surface-water run-off is not one which can be addressed until the level and form of development is determined at the Reserved Matters stage. A detailed Flood Risk Assessment will, therefore, be required.

The EA's comments are noted, but it is not considered that investigative work and any resulting mitigation or layout requirements highlighted by the FRA will prevent the residential use of the majority of the site.

Therefore, given that there is no objection to the release of the site for housing purposes and that the matters of concern to the Environment Agency can be addressed by a detailed Flood Risk Assessment at the Reserved Matters stage, it is not considered that there any objections on flooding or run-off grounds.

Contamination

Planning Policy Statement 23 - `Planning and Pollution Control' states that it remains the responsibility of the landowner/developer to identify land affected by contamination and to ensure that remediation is undertaken to secure a safe development.

The Council's Scientific Officer has considered the site's history on the basis of his own records and from a site walk-over. The historic information identifies buildings/structures and activities on the site which have likely led to contamination of soil. However, he does not consider that the risk of gross contamination on the site is so high that the land cannot be made fit for purpose subject to control by an appropriate condition.

Open Space

Policy REC2 of the Local Plan requires the provision of recreational open space, ancillary buildings and car parking to be provided as part of any residential development of Moor Lane. It states that, assuming a development of approximately 200 dwellings giving rise to around 500 persons, the proposal would need to provide a Local Equipped Area for Play of 0.36ha and a pitch of 0.8ha. In the event that the actual number of dwellings approved is significantly higher, additional open space would be required.

The site clearly has the capacity to accommodate this open space, and as noted above it could potentially form a dual function, being on the parts of the site which cannot be developed because of their liability to flood.

It is therefore considered that, subject to the detailed requirements of the Reserved Matters stage, Policy REC2 can be met. It is proposed that this requirement be drawn to potential developers' attention by an appropriate informative.

The following matters would be the subject of consideration at the detailed application stage:

Impact on Neighbours and Character of the Area

The application does not, at this stage, show a layout or express any density of quantum of development.

The site has boundaries with other residential properties in Newlands Avenue, Westfield Way, Quartermaine Avenue, Balfour Avenue and will also be close to properties within Moor Lane and Bonners Close.

Careful consideration will need to be given at the Reserved Matters stage to the form and layout of the development to ensure the amenity of these properties is retained and Policy HSG21 is met and that the development reflects the wider character of the area.

The Local Plan notes that, as part of the Design Notes for Site 13/H, “two sides of the site have rural boundaries and it is important that the form and layout of housing respects this context. Houses should be of traditional pitched roof design not exceeding two storeys.”

Trees

Siting is not a matter for consideration at this stage. At the Reserved Matters stage, the impact on any important trees within the site will need to be determined based on a full tree survey to ensure that the proposal complies with Policy NE9.

Should the survey identify trees worthy of retention, this will influence the form and layout of the development but will not prejudice the development of the site for residential purposes.

The Local Plan requires as part of the Design Notes for Site 13/H, that any layout should make best use of existing features such as trees and hedgerows. Again, it is proposed that this be drawn to potential developers' attention by an appropriate informative.

Sustainability/Renewable Energy

The Surrey Structure Plan was adopted on 4 December 2004 and Policy SE2 requires that:

The applicants seek to address the sustainability issue by commenting in their supporting information that an EcoHomes rating of “Very Good” will be the minimum requirement with an aspiration to achieve “Excellent” where possible. This requirement would be passed on in the land deal.

Conditions are recommended to ensure 10 per cent of energy is from renewable resources, that the use of CHP for the site is investigated, measures to conserve water and the use of sustainable drainage form part of the detailed design.

Special Protection Area/Ecology

The Thames Basin Heaths Special Protection Area (SPA) was classified on 9 March 2005. This designation places an obligation upon Government to promote the conservation of the site and take steps to avoid the deterioration of the habitats as well as disturbance of the species for which the area has been designated. The SPA includes Horsell Common, Sheets Heath and Brookwood Heath in the Borough, and Whitmoor Common and Ockham and Wisley Commons, and Chobham Common in neighbouring areas. The SPA is protected due to the presence of ground nesting birds which are very susceptible to predation and disturbance from recreational use. The EC Habitat Directive requires an assessment of the effect of each development. Regulation 48 (1) of the Conservation (Natural Habitats etc) Regulations 1994 (known as the Habitats Regs) states that an authority, before deciding to give consent or permission for a plan which is likely to have a significant effect on a European site, shall make an appropriate assessment of the implications for the site in view of the site's conservation objectives.

English Nature is of the opinion that any new residential development within 5km of the SPA could have a significant effect leading to an adverse impact, and has advised a precautionary approach. English Nature is working on a project to provide a solution in the long term, setting out scales of mitigation. Standing advice from English Nature for sites such as this which lie 400m-5km of SPAs is that it would be possible to mitigate the effects of the proposed development by providing or contributing to additional green space to avoid an increase in the extent of recreational pressure on the SPA.

The site in question lies within Zone C, between 2-5kms of an SPA. Whilst the development proposed would provide an environment for the keeping of dogs and cats, the site lies near to Westfield Common, Millmoor, The River Wey and the Hoe Valley which provide alternative areas of open space for public enjoyment, other than the SPA.

Furthermore, on 1 June, Woking Borough Council adopted its own medium-term local solution (the `Interim Strategy`) which identifies alternative public open space and provides a mechanism for developments to contribute towards the upgrading and improvement to access of these areas to reduce pressure on the SPAs.

The applicant has proposed to make a financial contribution in line with the Interim Strategy towards the improvement of green space in the vicinity of the development, or a location accessible to the development, for informal recreation which will be an attractive alternative to the SPA.

The Local Planning Authority is therefore able to determine that the development would have no significant impact on the SPA.

On the basis of the advice received from English Nature, the site does not affect any Special Area of Conservation (SAC).

The site lies adjacent to the Westfield Common Site of Nature Conservation Importance. At the Reserved Matters stage any proposal will need to demonstrate that it is compatible with this ecological designation.

A condition requiring an ecology survey at the Reserved Matters stage is therefore recommended.

Archaeology

Policy BE16 of the Local Plan requires that, on all development sites of over 0.4 hectares, an archaeological evaluation and investigation should be provided.

This requirement will be secured by condition.

Small Dwellings - HSG9

Policy HSG9 of the Local Plan states that, on all housing sites of more than 0.4 hectares (1 acre) or 20 units, the Council will expect a mix of dwelling sizes, incorporating a significant proportion of one or two bedroom units. This requirement is also reflected in the details of Site 13/H in the Local Plan.

This matter would be dealt with at the detailed stage.

Mechanism for Securing Planning Benefits

Unlike the other PFI sites, the application is made by Woking Borough Council on land largely owned by a third party (Surrey County Council).

The planning obligations can consequently be secured through a Section 106 legal agreement.

CONCLUSION

The application proposes residential development on a reserved housing site designated through the Local Plan process.

In essence, the application serves to confirm that the release of the site is now justifiable to meet an identified need for affordable housing which cannot be met through the use of smaller, previously developed urban sites, which form the bulk of the anticipated land supply and the commitment to deliver 60% minimum affordable provision, is considered to outweigh the current land supply policy objections.

The means of access to the site is considered acceptable and accordingly the application is recommended for approval.

All other matters such as the quantum of development, density, house types, siting and road layout, provision of open space, infrastructure requirements and Affordable Housing tenure will be for consideration at the Reserved Matters applications stage when any proposals would be required to be fully supported by the studies and reports identified in this report.

BACKGROUND PAPERS

1. Memo from County Highways (20.04.06)

2. Memo from HES (Land Drainage) (03.05.06)

3. Letter from SEERA (02.05.06)

4. Memo from SCC Highways (04.05.06)

5. Memo from County Archaeologist (04.05.06)

6. Memo to PFI Manager (10.05.06)

7. Letter from English Nature (10.05.06)

8. Memo from Scientific Officer (10.05.06)

9. Memo from Cultural & Community Services Manager (22.05.06)

10. Letter from SCC Planning (19.05.06)

11. E-mails to SCC Planning (25.05.06, 31.05.06, 01.06.06)

12. E-mails from SCC Planning (25.05.06, 31.05.06, 01.06.06)

13. E-mail to Environment Agency (31.05.06)

14. Memo from Environment Agency (02.06.06)

15. E-mail from Policy and Performance (06.06.06)

16. Representations

PLANNING OBLIGATIONS

The following planning obligations are required to address policy and will be included in the Section 106 Legal Agreement:-

RECOMMENDATION

It is recommended that subject to the above S.106 Legal Agreement, Planning Permission be Granted subject to the following Conditions:-

1. C001 Approval of the details of the:

a) siting,

b) design,

c) external appearance of the building(s), and

e) the landscaping of the site.

(hereinafter called “the Reserved Matters”) shall be obtained from the Local Planning Authority in writing before any development is commenced.

R001 Reason: To comply with the provisions of article 1 (2) of The Town and Country Planning (General Development Procedure) Order 1995.

2. C002 i) Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of five years from the date of this permission.

ii) The development hereby permitted shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved.

R002 Reason: To comply with the provisions of Section 92(2) of The Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004).

3. C037 Prior to the commencement of any development, details of predicted energy use of the development and the generation of on-site renewable energy shall be submitted and approved by the Local Planning Authority. These details will demonstrate how energy efficiency is being addressed, including benchmark data, and show the on-site measures to be taken to produce a minimum of 10% of the total energy requirements of the new development by means of renewable energy sources. Such details as may be approved shall be implemented and retained in perpetuity.

R037 Reason: To comply with the requirements of Structure Plan Policy SE2.

5. C038 Prior to the commencement of any development either:-

a) details shall be submitted of a network connection to CHP-generated heat and power and the necessary infrastructure for the distribution of heat and electricity for the site together with the proposed long-term management arrangements through an energy services company (ESCO). Such details as may be agreed in writing by the Local Planning Authority shall be implemented prior to the first occupation of the development;

or

b) a feasibility study shall be submitted for the written agreement of the Local Planning Authority that demonstrates why the use of either centralised CHP a network connection to CHP sources or is not being proposed for some or all of the development on the grounds of efficiency, viability and/or cost.

R037 Reason: To comply with the requirements of Structure Plan Policy SE2.

6. C039 Prior to the commencement of any development, details of measures to promote both internal and external water conservation through the inclusion of measures such as low volume wash-basin taps and showers, standard-size baths and advice to purchasers on reducing water consumption. Such measures as are agreed shall be implemented prior to the first occupation of the development and retained in perpetuity.

R039 Reason: To comply with the requirements of Structure Plan Policy SE2.

7. C054a A Landscape Management Plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas other than privately owned domestic gardens, shall be submitted to and approved in writing by the Local Planning Authority prior to any development taking place. The proposals shall be carried out as approved for the full duration of the plan.
R054a Reason: In the interests of amenity and to preserve and enhance the character and appearance of the locality.

8. C062 ++ No development shall take place until details of all screen and boundary walls, fences, hedges and any other means of enclosure have been submitted to and approved in writing by the Local Planning Authority; such approved means of enclosure to be erected and hedges etc. planted in accordance with the approved details before the building(s) hereby approved is/are occupied, unless the Local Planning Authority otherwise first agrees in writing. Any hedges and/or enclosure and boundary planting included in the scheme shall be maintained for a period of 5 years, from the time of planting, including the replacement of any plant which may die.

R062 Reason: To ensure that the proposed development does not adversely affect the privacy and visual amenities at present enjoyed by the occupiers of the adjoining and nearby properties

9. C137 ++ No development shall commence until details of slab levels, permanent and temporary subsoil drainage and retaining walls have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

R137 Reason: To ensure a satisfactory form of development including stability and adequate land drainage.

10. C138 ++ Development shall not begin until details of foul and surface water drainage and sewerage have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

R138 Reason: To ensure adequate drainage.

11. C159 ++ No development shall take place within the site area until the applicant, or their agents of successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority.

R159 Reason: To allow the site to be investigated for archaeological purposes before development commences on the site.

12. C160 Standard Contamination Condition

(i) Development shall not begin until a scheme to deal with contamination of the site has been submitted to and approved in writing by the Local Planning Authority.

(ii) The above scheme shall include :-

(a) a contaminated land desk study and suggested site assessment methodology;

(b) a site investigation report based upon (a);

(c) a remediation plan based upon (a) and (b);

(d) a “discovery strategy” dealing with unforeseen contamination discovered during construction; and

(e) a “validation strategy” validating the works undertaken as a result of (c) and (d)

(iii)Unless otherwise agreed in writing by the Local Planning Authority, development shall not commence until the measures approved in the scheme have been fully implemented and completed

Reason: To ensure that a satisfactory strategy is put in place for addressing contaminated land, making the land suitable for the development hereby approved without resulting in risk to construction workers, future users of the land, occupiers of nearby land and the environment generally.

13. Details of Reserved Matters shall not be submitted until details of a full study identifying the required highways improvements to accommodate the development hereby approved have been submitted to the Local Planning Authority for approval in conjunction with the County Highways Authority. Such details as may be approved shall then be implemented prior to the commencement of the development.

Reason: in the interests of highways safety.

14. No development shall start until a Method of Construction Statement, to include details of:

(shall be/has been) submitted to and approved in writing by the Local Planning Authority. Only the approved details shall be implemented during the construction period.

Reason: in order that the development should not prejudice highway safety nor cause inconvenience to other highway users.

15. ++ Prior to the commencement of the development hereby approved and the felling of any trees, a full ecological survey shall be conducted on the whole site and the findings of the survey submitted to and agreed in writing by the Local Planning Authority. Such measures as shall be required as a result of this shall be implemented as agreed by the Local Planning Authority.

Reason: to ensure the development does not have an unacceptable impact on ecology and protected species.

16. ++ Prior to the commencement of the development hereby approved and the felling of any trees, a full tree survey shall be conducted on the whole site and the findings of the survey submitted to and agreed in writing by the Local Planning Authority. Such measures as shall be required as a result of this shall be implemented as agreed by the Local Planning Authority.

Reason: to ensure the development does not have an unacceptable impact on important trees.

Reason: to ensure a development compatible with local infrastructure requirements.

18. C135 ++ Prior to the commencement of the development hereby approved details of the existing and proposed levels and detailed setting out dimensions shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in complete accordance with the approved details.

Reason: To ensure a satisfactory form of development and adequate drainage.

19. C032 Notwithstanding the provisions of Article 3 and Schedule 2 Part 1 and Classes A to E of The Town and Country Planning (General Permitted Development) Order 1995 (or any order amending or re-enacting that Order with or without modification), no further extensions or additions to the dwelling, or the provision of any additional building within its curtilage, shall be constructed without the prior written permission of the Local Planning Authority.

Reason: To ensure a satisfactory form of development takes place and to protect the amenities of occupiers of adjoining properties.

20. ++Prior to the submission of the first Reserved Matter, full details of Design Codes for the development hereby approved shall be submitted to the Local Planning Authority for approval. The Reserved Matters submissions shall reflect such details as may be agreed.

Reason: to ensure the development reflects the character of the area and respects residential amenity.

Informatives

The application serves to confirm that the release of the site is now justifiable to meet an identified need for affordable housing which cannot be met through the use of smaller, previously developed urban sites, which form the bulk of the anticipated land supply and the commitment to deliver 60% minimum affordable provision, is considered to outweigh the current land supply policy objections.

The means of access to the site is considered acceptable and accordingly the application is recommended for approval.

All other matters such as the quantum of development, density, house types, siting and road layout, provision of open space, infrastructure requirements and Affordable Housing tenure will be for consideration at the Reserved Matters applications stage when any proposals would be required to be fully supported by the studies and reports identified in the Committee Report.

For a fuller analysis of the reasons for approval it is recommended that reference is made to the Planning Committee Report for this application.

MV7, Access to Class `A' Roads MV9, Off Street Parking IMP1, Site Assembly IMP3, Planning Benefits

3. D005 Your attention is specifically drawn to the conditions above marked ++. These condition(s) require the submission of details, information; drawings etc. to the Local Planning Authority PRIOR TO THE COMMENCEMENT OF ANY DEVELOPMENT ON THE SITE or, require works to be carried out PRIOR TO THE COMMENCEMENT OF THE USE. Failure to observe these requirements will result in a contravention of the terms of the permission and the Local Planning Authority may serve Breach of Condition Notices to secure compliance.

4. D007 The applicant is advised that this is a draft decision notice only. The decision notice granting planning permission for this development will be issued upon completion of the legal agreement set out in Informative 5.

5. D008 The applicant is advised that this permission is subject to a Section 106 Agreement being entered into, the requirements of which are set out in the Planning Committee report.

6. D046 The scheme to deal with contamination must be approved by the Local Planning Authority through timely consultation. Consultation with the Local Planning Authority will be necessary, prior to demolition and full intrusive investigation, to ensure suitable and sufficient information is gathered to determine the full extent of contamination. This consultation is an integral part of gaining the Local Planning Authority's approval on any proposed methodology for assessing and investigating the site, to determine the full extent of contamination, in order to form an appropriate Local Planning Authority approved remediation plan to deal with contamination.

For the avoidance of doubt, the following definitions apply to the above condition (relating to contaminated land: -

Desk study. This will include: -

(i) a detailed assessment of the history of the site and its uses based upon all available information including the historic Ordnance Survey and any ownership records associated with the deeds.

(ii) a detailed methodology for assessing and investigating the site for the existence of any form of contamination which is considered likely to be present on or under the land based upon the desk study.

Site Investigation Report: This will include: -

(i) a relevant site investigation including the results of all sub-surface soil, gas and groundwater sampling taken at such points and to such depth as the local planning authority may stipulate.

(ii) a risk assessment based upon any contamination discovered and any receptors.

Remediation plan: This plan shall include details of: -

(i) all contamination on the site which might impact upon construction workers, future occupiers and the surrounding environment;

(ii) appropriate works to neutralise and make harmless any risk from contamination identified in (i)

Discovery strategy: Care should be taken during excavation or working of the site to investigate any soils which appear by eye or odour to be contaminated or of different character to those analysed. The strategy shall include details of: -

(i) supervision and documentation of the remediation and construction works to ensure that they are carried out in accordance with the agreed details;

(ii) a procedure for identifying, assessing and neutralising any unforeseen contamination discovered during the course of construction

(iii) a procedure for reporting to the Local Planning Authority any unforeseen contamination discovered during the course of construction.

Validation strategy: This shall include : -

(i) documentary evidence that all investigation, sampling and remediation has been carried out to a standard suitable for the purpose; and

(ii) confirmation that the works have been executed to a standard to satisfy the planning condition (closure report).

All of the above documents, investigations and operations should be carried out by a qualified, accredited consultant/contractor in accordance with a quality assured sampling, analysis and recording methodology.

7. D047 The applicant's attention is drawn to the environmental benefits of sustainable energy supplies for new development to consider connection to existing CHP (Combined Heat and Power) sources in the Borough, or the provision of new onsite sustainable energy supplies. The applicant is advised to contact the Council's Energy Services on 01483-743490 for further information.

8. The applicant's attention is drawn to the requirement to provide Public Open Space within the site in accordance with Policy REC2 of the Local Plan at the Reserved Matters stage.

10. Reserved Matters applications will be required to be supported by Design and Access Statements.

11. In preparing and submitting details in respect of Condition 14 (Method of Construction Statement) the developer should be aware that Local Planning Authority will expect construction traffic to NOT use the Balfour Avenue route to access and serve the site.

20 JUNE 2006 PLANNING COMMITTEE

46