B1 WA/2014/0770 Alterations to existing barn to provide a dwelling with integrated garage at Spring House, Willinghurst Estate, Shamley Green, GU5 0SU (as amended by plans received 06/10/2014). Eastern Area 14/1/2015

L Murray 24/04/2014

Committee: Meeting Date:

Public Notice Was Public Notice required and posted: N/A Grid Reference: E: 504894 N: 142688 Parish: Wonersh Ward : Shamley Green and Cranleigh North Case Officer: Flo Taylor

8 Week Expiry Date 19/06/2014

Neighbour Notification Expiry Date 18/06/2014

Neighbour Notification Amended Expiry Date Agreed time extension date:

24/11/2014 16/1/2015

RECOMMENDATION That permission be GRANTED subject to conditions.

Introduction The application has been brought before the Area Committee at the request of the Local Member. Location or Layout Plan

Site Description The application site measures 0.18 hectares and is located within the Willinghurst Estate to the south of the Willinghurst Estate Road. The site comprises a large barn. The surrounding area comprises sporadic residential development and land in agricultural and forestry uses. The existing barn is a concrete portal framed building with block walls clad in corrugated asbestos sheets. The barn has a pitched roof which becomes catslide on the southern side of the barn. Proposal The proposal comprises the change of use of the existing barn to form a five bedroom dwelling with integral garage. The ground floor would be converted into accommodation comprising hall, open plan living and kitchen area, games room, game/tv room, study, utility room, double garage and pool. The first floor would comprise 5 bedrooms with ensuite bathrooms and balconies on the western and southern elevations. The existing barn structure would remain as the basis for the design and the height would remain unaltered. However, the majority of the existing southern element would be removed, with a 4.8 metre length retained to provide a games room towards the eastern end. 81m2 of floor area on the southern elevation would be removed. The proposal also comprises the addition of a modest sized curved extension to the eastern elevation to provide a pool changing facility. This extension would measure 24m2. The proposed footprint of the development would be 57m2 less than the existing barn. The external materials of the proposed dwelling would include slates for the low pitch roof, grey or white render and natural timber cladding for the walls. There would be a large curved glazed roof within the centre of the roof slope of the southern elevation to allow light to the interior of the dwelling.

North-western elevation

North-eastern elevation

South-western elevation

South eastern elevation

Existing floor plan:

Existing elevations:

Proposed floor plans:

Proposed elevations:

Relevant Planning History None Planning Policy Constraints Green Belt outside of any defined settlement area Surrey Hills Area of Outstanding Natural Beauty & Area of Great Landscape Value Development Plan Policies and Proposals Saved Policies C1, C3, RD7, D1, D4, D5, D8, D9, D13 and D14 of the Waverley Borough Local Plan 2002 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires all applications for planning permission to be determined in accordance with the Development Plan, unless material considerations indicate otherwise. The adopted Local Plan (2002) therefore remains the starting point for the assessment of this proposal.

The National Planning Policy Framework (NPPF) is a material consideration in the determination of this case. Paragraph 215 states that where a local authority does not have a development plan adopted since 2004, due weight may only be given to relevant policies in existing plans according to their degree of consistency with the NPPF. In this instance, the relevant Local Plan policies possess a good degree of conformity with the requirements of the NPPF. As such, considerable weight may still be given to the requirements of the Local Plan. The Council is in the process of replacing the 2002 Local Plan with a new two part document. Part 1 (Strategic Policies and Sites) will replace the Core Strategy that was withdrawn in October 2013. Part 2 (Development Management and Site Allocations) will follow the adoption of Part 1. The new Local Plan will build upon the foundations of the Core Strategy, particularly in those areas where the policy/ approach is not likely to change significantly. Public consultation on potential housing scenarios and other issues took place in September/October 2014. The current (provisional) timetable for the preparation of the Local Plan indicates the publication of the Part 1 draft plan in March 2015, with its submission for examination in June 2015. Adoption is scheduled for early 2016. Other guidance:

• National Planning Policy Framework (2012 ) • National Planning Policy Guidance (web-based resource) • Infrastructure Delivery Plan (2012) • Climate Change Background Paper (2011) • Statement of Community Involvement (2014 Revision) • Planning Infrastructure Contributions SPD (2008) • Parking Guidelines (2013) • Residential Extensions SPD (2010) • Vehicular and Cycle Parking Guidance (Surrey County Council 2012) • Surrey Design Guide (2002) • Wonersh, Blackheath, Shamley Green and Wonersh Design Statement 2005

Consultations and Parish Council Comments

County Highway Authority

Recommends that the proposal is refused on the grounds that the site is in an unsustainable location where there is no practical public transport option and where there is no street lighting or footway provision in the vicinity of the application site. This would lead to a car reliant form of travel contrary to the objectives of the National Planning Policy Framework (2012) and Policy M1 of the Local Plan 2002. The Highway Authority does not consider the proposed development would result in a material increase in vehicular movements at the access, compared to the number of vehicle movements that could already be generated by the application site and the other properties that are accessed via the private track. It is therefore considered that the proposed development would not prejudice highway safety. The County Highway Authority’s refusal reason has been recommended because the site is in a rural location with no nearby

services/amenities. The lack of practical public transport options, and no street lighting or footway provision in the vicinity of the application site, would mean that future residents would have to use the private car for all trips to/from the site.

Parish Council The Parish Council has concerns about the negative impact of the design, including the extensive use of glazed exterior elevations, for a proposed new dwelling that would be highly visible in the designated AONB. The application took no account of the Village Design Statement (VDS). The Committee recommends that the application be refused.

Countryside Access Officer Surrey County Council

Does not feel that there are grounds for objection but considers the following comments should be raised as an informative with the applicant and/or agent:

1. The granting of planning permission does not permit the obstruction or alteration of a Public Right of Way in any form.

2. The applicant and/or agent should look to undertake a pre-works photographic assessment of Bridleway 328, as they will be expected to make good any incidental damage caused by access of plant/material deliveries between the B2128 and the proposed development site.

Council’s Agricultural Consultants - Chesterton Humberts

The barn sits within a curtilage of 0.18 hectares and is presently used for domestic storage. The applicant owns no other land in the area.

Representations In accordance with the statutory requirements and the “Reaching Out to the Community – Local Development Framework – Statement of Community Involvement – August 2014” neighbour notification letters were sent on 8/5/2014. Following amended plans being submitted, neighbour notification letters were sent on 8/10/2014 and 13/11/2014. 4 letters have been received raising objection on the following grounds:

• The level of information submitted and attention to detailed design issues is not compatible with the sensitive setting of the application site.

• The application fails to consider that the site lies within the setting of the adjacent Willinghurst Farmhouse and Barn, both Grade II Listed Buildings.

• There is an expectation that any conversion should result in a high quality outcome both in terms of providing an enhancement compared with the existing situation and prevent inappropriate development.

• The proposal would involve the demolition of the current barn with the exception of the existing concrete portal frame construction.

• The Structural Report only concerns the structural stability of the frame itself and recommends that additional structural elements be inserted to support the first floor.

• Together with the structural report, the submitted plans indicate that the current proposal seeks permission to effectively construct a new dwelling within the broad

envelope of the current frame, including the installation of new framing to support the first floor, the building up of self-supporting masonry walls (both timber clad and rendered) in between the existing concrete frame, replacement of internal floor slab, and the re-roofing of the entire structure with slate roof tiles, for which further strengthening may be needed.

• The barn is no longer used for agricultural purposes due to ownership rather than its design or lack of utility.

• There has been no Landscape and Visual Impact Assessment carried out.

• The replacement of the barn with a domestically detailed dwelling would result in a significant detriment to the character of the countryside, the AONB/AGLV and the Green Belt. The likely enclosure of the plot with fencing or a hedge of domestic character and appearance, and the maintenance of the curtilage in a domestic fashion would impact on the character of the AONB/AGLV and the character of the Green Belt.

• The existing barn is not an inappropriate feature within the rural area.

• The conversion to a dwelling would significantly change the appearance of the building in a way that would not be considered to enhance it.

• The domestic and urban approach of the proposal is made more inappropriate by the approach to fenestration which has domestic windows on the northern elevation and large areas of glazing to the south.

• The proposed replacement of the grey cement fibre cladding with a glazed southern elevation will result in a highly and unnecessarily prominent feature in the landscape and the same is true of the proposed atrium to the roof.

• A more sensitive approach to the building should be adopted.

• The proposed fenestration in the western elevation would result in an overbearing effect for the occupants of Willinghurst Farmhouse by virtue of the size and position of this window.

• The barn currently disguises and softens the very modern appearance of the adjacent property.

• The barn is located on the roadside at the top of a hill which makes it highly visible and prominent.

• Road access to the property is via a privately owned and maintained road/track for which maintenance costs are shared between households. The track is in poor condition and the building works required would put considerable strain on the condition of the road surface as would the additional traffic from the new residents using the road.

• Light pollution would be significant, given the high ratio of glass on the south side and the number of windows facing north on to the road.

• The other properties on the estate are all of a similar architectural style and the proposed development would clash with these.

• The proposed development is an unsympathetic modern style, based on the frame of the existing barn which is of no architectural merit.

Submissions in support

• Paragraph 90 of the NPPF confirms that the re-use of existing buildings, provided that the buildings are of permanent and substantial construction, is not inappropriate development in the Green Belt provided that they preserve the openness of the Green Belt and do not conflict with the purposes of including land in the Green Belt.

• The curtilage of the barn has been drawn quite tightly to the existing situation. This would be laid to lawn with new farm-style boundary fences which could be conditioned. The activities related to the proposal would be confined to the building and the small curtilage.

• The recent amendments to the GPDO are a material consideration in the determination of this application as the new Order allows agricultural buildings to change their use to Use Class C3 and other uses without the need for planning permission. Whilst the barn is not a working agricultural unit, as Government Policy has changed, it should be a material consideration as there is obviously a relaxation in the attitude of National Policy.

• The barn and surroundings have been subject to an Ecological Survey which demonstrates that the site is of low ecological value and the proposal will not affect the site’s ecology.

• The submitted structural report demonstrates that the existing barn is capable of conversion without the need for reconstruction and is of permanent and substantial construction.

Determining Issues Principle of development The lawful use of the land and the loss of agricultural land Green Belt Location of Development Effect on the landscape character Housing Land Supply Impact on visual amenity Impact on residential amenity Highways and parking Crime and disorder Financial considerations Planning Infrastructure Contributions PIC Climate change and sustainability Biodiversity and compliance with Habitat Regulations 2010 Water Frameworks Regulations 2011 Accessibility and Equalities Act 2010 Implications Human Rights Implications Environmental Impact Regulations 2011 Working in a positive/proactive manner Planning Considerations Principle of development The site is located within the Green Belt outside of any defined settlement. In the Green Belt outside of defined settlements there is a general presumption against inappropriate development which will not be permitted unless very special circumstances exist. In all circumstances, any development which would materially detract from the openness of the Green Belt will not be permitted.

Paragraph 90 of the NPPF lists certain forms of development that may not be inappropriate in the Green Belt provided that they preserve the openness of the Green Belt and do not conflict with the purposes of including land in Green Belt. The re-use of buildings is included in this list providing that the buildings are of permanent and substantial construction. However, Policy RD7 of the Waverley Borough Local Plan 2002 allows for the re-use of rural buildings and development in accordance with Policy RD7 is capable of being appropriate development within the Green Belt. The site is located within the Surrey Hills AONB and AGLV and therefore the impact on the character of the landscape must be assessed. Development in the AONB must conserve and enhance the natural beauty of the AONB. Within the AGLV strong protection will be given to ensure the conservation and enhancement of the landscape character. The lawful use of the land and the loss of agricultural land There is no planning history for the barn, however, the lawful use would seem to be agricultural. The barn is currently used for domestic storage and has not been in agricultural use for a number of years. The Council has consulted agricultural consultants Chesterton Humberts in respect of this application. The conclusion drawn was that the barn sits within a curtilage of 0.18 hectares and is presently used for domestic storage. The applicant owns no other land in the area. Given that the current owner owns no other land in the area, and the curtilage is only 0.18 hectares, there is no agricultural use of the land which the barn supports. In conjunction with the above, as the barn has not been in agricultural use for some time, it is considered that the proposed change of use of the barn to residential use would not prejudice agricultural activity in the area. Green Belt The site is located within the Green Belt. The NPPF states that within the Green Belt inappropriate development is, by definition, harmful and should not be approved except in very special circumstances. Policy C1 of the Local Plan sets out that any development which would materially detract from the openness or visual amenity of the Green Belt will not be permitted. Paragraph 90 of the NPPF lists certain forms of development that may not be inappropriate in the Green Belt provided that they preserve the openness of the Green Belt and do not conflict with the purposes of including land in Green Belt. The re-use of buildings is included in this list providing that the buildings are of permanent and substantial construction. The NPPF states that in promoting a strong rural economy, local plans should support the conversion of existing buildings within rural areas. Policy RD7 of the Local Plan states that the re-use and adaptation of a building in a rural area. Development will be permitted where:

a) The building is capable of retention/reuse without substantial reconstruction or enlargement and the proposed use would not detract from the appearance or character of the existing building.

b) The building to be retained is in keeping with its surroundings and does not detract from the character or appearance of the area by reason of its form, bulk or general design.

c) The proposed development will not introduce an activity which will adversely affect the character or amenities of the area.

d) The introduction of a new retail, leisure or other commercial use would not be on such a scale as to prejudice the vitality of a nearby town or village.

e) The amount of traffic likely to be generated would not prejudice highway safety or cause significant harm to the environmental character of country roads.

f) Satisfactory vehicular access can be achieved. The structural Report carried out by Cooper & Withycombe (April 2014) Confirms that, in accordance with the requirement of Paragraph 90 of the NPPF for buildings to be re-used to be of a permanent and substantial structure, that the barn is a permanent pre-cast concrete framed structure. The structural report also confirms that in accordance with criterion (a) of Policy RD7, that the barn is capable of retention and reuse without substantial reconstruction or enlargement and that except for the replacement of the cladding, the principal structural elements would remain. Officers consider that the design of the proposed dwelling would not detract from, but would improve, the appearance and character of the existing utilitarian building. The application proposes a very modest addition to the western elevation for a pool change area. Due to proposed demolition on the southern elevation being substantially larger than the proposed pool changing room, the proposed dwelling would have a footprint smaller than the existing barn by 57m2. The proposed barn would be in keeping with its surroundings, given the surrounding residential units. Officers consider that the proposal would not detract from the character or appearance of the area as its existing form and bulk would remain. The proposed design would not result in visual harm to the character or the appearance of the area as it has been designed to use sympathetic materials, such as timber cladding, which would be appropriate to the character of the area and the barn has been designed so as to prevent large blocks of materials impacting in the visual appearance of the area. The proposal includes garaging for 2 vehicles within a garage to be constructed within the existing building which would help prevent the introduction of external parking which uncontrolled could adversely affect the character of the area. It is considered that the provision and retention of this parking space should be required by condition on any grant of planning permission so as to avoid pressure for additional parking provision in the future. The proposal includes a bin and recycling store immediately adjacent to the eastern elevation of the dwelling which would prevent the associated paraphernalia being spread across the site. Officers consider that a condition should be imposed on any grant of planning permission requiring details of the bin and recycling store to be agreed by the Local Planning Authority. A small area of garden would be provided to the south of the dwelling and officers consider that this would be an appropriate sized amenity space for the dwelling but consider that a condition should be imposed requiring details of landscaping, fencing, and external lighting to be agreed by the Local Planning Authority so as to prevent the introduction of inappropriate activities within the area which may adversely affect the character or amenities of the area in accordance with criterion (c) of Policy RD7 of the Local Plan 2002.

The County Highway Authority has considered the proposal and concluded that although the private access track forms a priority junction with Guildford Road (B2128), that the proposed development would not result in a material increase in traffic movements at the access and would not therefore prejudice highway safety. Officers consider that the introduction of a single dwellinghouse on a private estate would not cause significant harm to the environmental character of country roads and satisfactory vehicular access can be achieved. In light of the above, it is considered that the proposal for the change of use of the barn into a residential dwellinghouse would be in accordance with the relevant Green Belt Policies, including the NPPF and Policies C1 and RD7 of the Local Plan 2002, and would not result in harm to the openness of the Green Belt. Location of development The site is located in the Green Belt outside of any defined settlement area. The NPPF states that, as a core planning principle the intrinsic character and beauty of the countryside shall be recognised. Policy C1 of the Local Plan 2002 states that in the Green Belt there is a general presumption against inappropriate development and that in all circumstances, any development which would materially detract from the openness of the Green Belt will not be permitted. The Government’s White Paper “The Natural Choice: securing the value of nature” published June 2011 states that as a core objective, the planning system should take a strategic approach to guide development to the best location, to protect and improve the natural environment, including our landscapes. Paragraph 17 of the NPPF states that whilst recognising the intrinsic character and beauty of the countryside, planning should support thriving rural communities within it. Development within the Green Belt for isolated homes may be acceptable in accordance with Paragraph 55 of the NPPF if there are special circumstances which include the re-use of redundant of disused building and lead to the enhancement of the immediate setting. The proposal would comprise the change of use an agricultural barn not currently used for agricultural purposes and hence would comply with the special circumstances for an isolated dwelling in the countryside as set out within Paragraph 55 of the NPPF. Officers therefore conclude that the change of use of the barn in to a dwellinghouse would be acceptable in this regard. Effect on the landscape character The site is located within an Area of Outstanding Natural Beauty (AONB). Section 85 of the Countryside and Rights of Way Act 2000 states that in exercising or performing any functions in relation to, or so as to affect, land in an area of outstanding natural beauty, a relevant authority shall have regard to the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty. The NPPF says that great weight should be given to conserving landscape and scenic beauty in Areas of Outstanding Natural Beauty (AONB), in accordance with this, Policy C3 of the Local Plan 2002 requires development within the AONB to conserve or enhance the character and beauty of the landscape. The Surrey Hills Management Plan 2009 – 2014 sets out the vision for the future management of the Surrey Hills AONB by identifying key landscape features that are the basis for the Surrey Hills being designated a nationally important AONB.

The site is located within an Area of Great Landscape Value wherein Policy C3 of the Local Plan 2002 states that development should serve to conserve or enhance the character of the landscape. The NPPF states that the planning system should contribute to and enhance the natural and local environment by protecting and enhancing valued landscapes. Paragraph 115 of the NPPF states that great weight should be given to conserving landscape and scenic beauty in Areas of Outstanding Natural Beauty. Paragraph 125 of the NPPF states that decisions should limit the impact of light pollution from artificial light on local amenity, intrinsically dark landscapes and nature conservation. Officers note that the proposed design of the dwelling has been amended to, amongst other reasons, reduce the impact of artificial light from the dwelling. The predominantly glass southern elevation of the property was amended by rationalising the fenestration and including substantial timber cladding to minimise light emission from the property. Officers consider that the amended design allows for the dwelling to function by providing opportunities for day light to enter the property and for views to be achieved whilst preventing excessive light pollution. Given that there are a number of other residential properties in the vicinity of the barn, officers consider that the proposed design would not result in any material increase in harm to the intrinsically dark landscapes than already occurs. The proposal, whilst changing the external materials of the barn, would retain the form of the existing building. The proposed materials would be sympathetic to the building and to its setting and would be more attractive than the existing concrete portal framed building with block walls clad in corrugated asbestos sheets. The Blackheath, Shamley Green and Wonersh Village Design Statement 2005 encourages the use of traditional style and local materials where feasible consistent with existing or adjacent structures. Officers recognise that as this is an application for a change of use of the building there are some limitations to the type of materials that can be used but also consider that the proposed use of timber cladding and slate reflect traditional materials but that the glass and render elements would reflect the neighbouring property and consider that this would be an acceptable design approach. Officers therefore consider that the proposed materials would be acceptable. There would be no conflict with AONB/AGLV policies and the proposed development would be consistent with the aim of conserving and enhancing the AONB and AGLV. Officers consider that the proposal would conserve and enhance the landscape character. Officers consider that a condition imposed on any grant of planning permission requiring the submission and approval of a detailed landscaping scheme would ensure that the development would enhance the setting of the barn. Officers consider that further conditions should be imposed on any grant of planning permission to remove the permitted development rights for extensions, outbuildings and hardstanding. These conditions would ensure that the need to conserve and enhance the natural beauty of the AONB is met in accordance with Section 85 of the Countryside and Rights of Way Act 200 and therefore that the development would not detract from the character of the area in the future. As discussed previously, officers consider that it would be appropriate to also impose conditions relating to the provision and retention of the proposed garaging, bin storage details, the extent of the curtilage, the provision of fencing and external lighting so as to ensure the development would conserve and enhance the landscape character.

Housing Land Supply The provision of new market and affordable housing will assist in addressing the Council’s housing land supply requirements. Following the withdrawal of the Core Strategy from examination in October 2013, the Council agreed an interim housing target of 250 dwellings a year for the purposes of establishing five year housing supply in December 2013. That was the target in the revoked South East Plan and is the most recent housing target for Waverley that has been tested and adopted. However, as a result of recent court judgements, it is accepted that the Council should not use the South East Plan figure as its starting point for its five year housing supply and that the Council does not currently have an up-to-date housing supply policy from which to derive a five year housing land requirement. It is acknowledged that both the latest household projections published by the Department for Communities and Local Government and the evidence in the emerging draft Strategic Housing Market Assessment point to a higher level of housing need in Waverley than that outlined within the South East Plan. Specifically, the SHMA indicates an unvarnished figure of 470 dwellings per annum. Notwithstanding that this is a higher figure than the South East Plan Figure; initial estimates suggest a housing land supply of 4 years as of 1st October 2014, this falls short of the 5 year housing land supply as required by the NPPF. This is a material consideration to be weighed against the other considerations for this application. Nonetheless, the proposed development will contribute to meeting the need for new homes in Waverley and this is a material consideration to be weighed against the other considerations for this application. Impact on visual amenity The NPPF attaches great importance to the design of the built environment as a key part of sustainable development. Although planning policies and decisions should not attempt to impose architectural styles or particular tastes, they should seek to promote or reinforce local distinctiveness. Policies D1 and D4 of the Local Plan 2002 accord with the NPPF in requiring development to have high quality design and to be well related in size, scale and character to its surroundings. The original proposal was for a 5 bedroom dwelling within the barn. The southern elevation single storey element was to be demolished. The proposal included the southern elevation being mainly formed of glass. Amended plans were submitted in October 2014 to include the retention of 4.9 metres of the western end of the single storey element to allow for the formation of a games room. The southern elevation was altered to include areas of timber cladding and reduce the expanse of glass and to include a timber brise soleil adjacent to the swimming pool. The northern elevation was altered so as to include a larger proportion of timber cladding and reduce the length of the rendered element from 13.5 metres to 6.5 metres. It is considered that the proposal would be of a high quality design which would be appropriate to both the existing barn and the character of the site. The design of the proposed dwelling would be well related in size, scale and character to its surroundings and would make a positive contribution to the area, blending in with the area more

successfully than the existing barn. The proposed timber cladding would reflect the rural location of the property. The proposal would not result in any material increase in impact on the surrounding vistas and open spaces than the existing barn does. There would be adequate amenity space available for use with the dwelling. Impact on residential amenity The NPPF identifies that within the overarching roles that the planning system ought to play, a set of core land use planning principles should underpin both plan-making and decision making. These 12 principles include that planning should seek to secure a good standard of amenity for all existing and future occupants of land and buildings. These principles are supported by Policies D1 and D4 of the Local Plan and guidance contained within the Council’s SPD for Residential Extensions. The proposal would be located some 22 metres from the nearest neighbouring property to the east and would not result in any increased material harm from overshadowing or loss of light than the existing barn. Officers consider that the 2 windows proposed on the eastern elevation, a small secondary light source to the kitchen and a bathroom window should be required to be obscurely glazed by way of condition, if permission is granted, and fixed shut below 1.7 metres from finished floor level so as to control any harm to neighbouring amenity arising from overlooking. Officers consider that an additional condition should be imposed on any grant of planning permission removing permitted development rights for any new windows or openings in the eastern elevation of the dwelling in order to prevent any future harm to neighbouring residential amenity arising from overlooking. Highways and parking The proposal would include garage space for 2 cars within the existing barn structure and there would be adequate parking outside to comply with both Waverley Borough Council’s Parking guidelines and Surrey County Council’s Parking Guidelines. Officers consider that as the proposal is within the Green Belt, and to avoid pressures for additional garaging in the future, a condition should imposed on any grant of planning permission requiring the garage area to be maintained as parking space. The County Highway Authority has considered the application and considers that the proposal would not result in a material increase in vehicular traffic and would not prejudice highway safety. The County Highway Authority, however, does consider that the site is an unsustainable location where there is no practical public transport option and where there is no street lighting or footway provision in the vicinity of the application site. Government guidance is supportive of the re-use of rural of rural buildings as a sustainable form of development. This is considered to outweigh concerns in respect of the relative isolation of the proposed dwelling. Moreover, this point is supported by Paragraph 55 of the NPPF, which confirms that the re-use of buildings can be an exemption to the presumption against isolated homes in the countryside.

Crime and disorder S17(1) of the Crime and Disorder Act 1998 places a duty to consider crime and disorder implications on local authorities. In exercising its various functions, each authority should have due regard to the likely effect of those functions on, and the need to do all that it can to prevent, crime and disorder in its area. This requirement is reflected in the National Planning Policy Framework, which states that planning policies and decisions should promote safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion. Given the scale and nature of the proposal, together with its location within a private curtilage, it is considered that the proposed change of use of the barn to a residential dwellinghouse would not lead to crime and disorder in the local community and would accord with the requirements of the NPPF. Financial Considerations Section 70 subsection 2 of the Town and Country Planning Act 1990 (as amended) states that any local financial considerations are a matter to which local planning authorities must have regard to in determining planning applications; as far as they are material for the application. The weight to be attached to these considerations is a matter for Committee. Local financial considerations are defined as grants from Government or sums payable to the authority under the Community Infrastructure Levy (CIL). This means that the New Homes Bonus (NHB) is capable of being a material consideration where relevant. In the current case, the approval of the application would mean that the NHB would be payable for the net increase in dwellings from this development. The Head of Finance has calculated the indicative figure of £1,450 per net additional dwelling, (Total of £8700) per annum for six years. Planning Infrastructure Contributions PIC Policy D13 of the Local Plan states that “development will only be permitted where adequate infrastructure, services and facilities are available, or where the developer has made suitable arrangements for the provision of the infrastructure, services and facilities directly made necessary by the proposed development. The Council will have regard to the cumulative impact of development, and developers may be required to contribute jointly to necessary infrastructure improvements”. Local Plan Policy D14 goes on to set out the principles behind the negotiation of planning obligations required in connection with particular forms of new development. The current tests for legal agreements are set out in Regulation 122 (2) of the CIL Regulations 2010 and the guidance within the NPPF. The three tests as set out in Regulation 122(2) require s106 agreements to be:

− Necessary to make the development acceptable in planning terms;

− Directly related to the development; and

− Fairly and reasonably related in scale and kind to the development.

The NPPF emphasises that to ensure viability, the costs of any requirements likely to be applied to development, such as infrastructure contributions should, when taking account

of the normal cost of development and mitigation, provide competitive returns to a willing land owner and willing developer to enable the development to be deliverable. The Council adopted a SPD on Infrastructure Contributions in April 2008. The policy requires that developments which result in a net increase in dwellings shall contribute towards infrastructure improvements in the Borough. Although a unilateral undertaking has been completed by the applicant to secure an infrastructure contribution, on Friday 28th November 2014 the Government published an update to the National Planning Policy Guidance. This advised that pooled infrastructure contributions should not be sought on developments for a net gain of less than 10 units. In light of this up to date guidance, the contribution is no longer justifiable. Therefore, notwithstanding the signed unilateral undertaking, the acceptability of the proposal is not affected by this and a contribution is not required in this instance. Climate change and sustainability The Local Plan does not require this type of development to achieve a particular rating of the Code for Sustainable Homes or include renewable energy technologies. This said, the applicant has indicated as part of their Design and Access Statement that the applicant is considering the use of renewable energy technology. The lack of any policy backing in this regard, however, prevents conditions being added to require this. Biodiversity and compliance with Habitat Regulations 2010 The NPPF states that the Planning System should contribute to and enhance the natural and local environment by minimising impacts upon biodiversity and providing net gains in biodiversity where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures. When determining planning applications, local planning authorities should aim to conserve and enhance biodiversity by applying the following principles: If significant harm resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for then planning permission should be refused. In addition, Circular 06/2005 states ‘It is essential that the presence or otherwise of protected species and the extent that they may be affected by the proposed development, is established before planning permission is granted.’ The National Environment and Rural Communities Act 2006 states that the Council as local planning authority has a legal duty of care to protect biodiversity. The application property does not fall within a designated SPA, SAC, SNCI or SSSI. The application site is located within 200 metres of ancient woodland and water and is a former agricultural barn. An Ecological Survey including an Internal and External Bat Survey, Barn Owl Survey and Great Crested Newt Habitat Suitability Survey has been carried out by PJC Ecology (February 2014). The submitted report demonstrates that the site is of low ecological

value and that the proposal would not affect the site’s ecology. The survey reported no evidence of bats, owls or Great Crested Newts. The report concluded that the proposed development would not affect nature conservation on site or in the surrounding area. The report recommends that bat boxes should be established on the mature trees around the pond area as outlined on page 11 of the Ecology Report carried out by PJC Ecology. The report also recommends a little owl box be erected within the site to compensate for any loss in owl roosting space as outlined on page 12 of the Ecology Report. In light of the recommendations within the Ecology Report, officers consider that it would be appropriate to impose a condition on any grant of planning permission requiring the mitigation strategies suggested within the Report to be followed. Additionally, an informative should be added to remind the applicant that protected species may be present at the property and that works should stop should they be found during the course of the works. Water Frameworks Regulations 2011 The European Water Framework Directive came into force in December 2000 and became part of UK law in December 2003. It gives us an opportunity to plan and deliver a better water environment, focusing on ecology. It is designed to:

• enhance the status and prevent further deterioration of aquatic ecosystems and associated wetlands which depend on the aquatic ecosystems

• promote the sustainable use of water • reduce pollution of water, especially by ‘priority’ and ‘priority hazardous’ substances • ensure progressive reduction of groundwater pollution

The proposal would not conflict with these regulations. Accessibility and Equalities Act 2010 Implications Policy D9 of the Waverley Borough Local Plan encourages and seeks provision for everyone, including people with disabilities, to new development involving buildings or spaces to which the public have access. Officers consider that the proposal complies with this policy. A full assessment against the relevant Building Regulations would be captured under a separate assessment should permission be granted. From the 1st October 2010, the Equality Act replaced most of the Disability Discrimination Act (DDA). The Equality Act 2010 aims to protect disabled people and prevent disability discrimination. Officers consider that the proposal would not discriminate against disability, with particular regard to access. It is considered that there would be no equalities impact arising from the proposal. Human Rights Implications The proposal would have no material impact on human rights. Environmental Impact Regulations 2011 The proposal is considered not to be EIA development under either Schedule 1 or 2 of the EIA Impact Regulations 2011 or a variation/amendment of a previous EIA development nor taken in conjunction with other development that is likely to have a significant environmental effect.

Response to Parish Council and Third Party comments The comments of the third parties have been largely covered above. It is considered that one additional dwelling using the shared access would not detract from the rural character of the area. The plans for the proposal have been amended following the comments made by the Parish Council relating to the glazed exterior elevations. The glazing originally proposed on the southern elevation has been significantly reduced and replaced with timber cladding which would be more appropriate in the designated area. Article 2(3) Development Management Procedure (Amendment) Order 2012 Working in a positive/proactive manner In assessing this application, officers have worked with the applicant in a positive and proactive manner consistent with the requirements of paragraphs 186-187 of the NPPF. This included:-

• Provided or made available pre application advice to seek to resolve problems before the application was submitted and to foster the delivery of sustainable development.

Conclusion/ planning judgement The proposed development has been assessed against the relevant policies for the Green Belt and AONB/AGLV and would be acceptable in this respect as it would preserve and enhance the landscape character of the AONB and the barn is considered to be worthy of re-use, one of special circumstances in which isolated dwellings may be acceptable in accordance with Paragraph 55 of the NPPF. The proposed design of the dwellinghouse is considered to be acceptable. The access from the private estate track onto Guildford Road is considered acceptable by the County Highway Authority. The application is considered to comply with Policy RD7 of the Waverley Borough Local Plan 2002 which sets out the appropriate policy for the re-use of buildings in rural areas. The submitted Ecology Report indicates that the proposed development would not result in any material harm to protected species. Although the site is in a rural area away from any main settlement, it would result in an appropriate re-use of an existing building in accordance with the NPPF and Policies C1 and RD7 of the Local Plan 2002 and officers consider that the proposal would be acceptable. Recommendation

That permission be GRANTED subject to the following conditions:

1. Condition No development shall take place until samples of the materials to be used in the

construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reason In order to protect the character and amenities of the area and to accord with Policies C1,

C3, RD7, D1 and D4 of the Waverley Borough Local Plan 2002. 2. Condition Notwithstanding the provisions of the Town and Country Planning (General Permitted

Development) Order 1995 (or any other Order revoking or re-enacting that Order with or without modification), no extensions or outbuildings as defined within Part 1 of Schedule 2, Classes A to F inclusive of that order, shall be erected on the site without the written permission of the Local Planning Authority.

Reason Having regard to the location of the building in the Green Belt, Area of Outstanding Natural

Beauty and Area of Great Landscape Value and to accord with Policies C1,C3 and RD7 of the Waverley Borough Local Plan 2002.

3. Condition The development shall be carried out in accordance with the recommendations set out in

the report for Cranfold Developments (February 2014) relating to an Internal and External Bat Survey, Barn Owl Survey and Great Crested Newt Habitat Suitability Survey carried out in respect of Spring Barn , Willinghurst Estate.

Reason To safeguard the ecological interest of the site in accordance with Policy C11 and D5 of

the Waverley Borough Local Plan 2002. 4. Condition Before occupation of the dwelling hereby permitted, the 2 car parking spaces within the

garage as shown on the application drawing SB/20B shall be provided and permanently retained exclusively for that purpose, unless otherwise agreed in writing by the Local Planning Authority.

Reason In the interest of the amenities of the area, in accordance with Policies C1, C3, RD7, D1

and D4 of the Waverley Borough Local Plan 2002. 5. Condition Notwithstanding the provisions of the Town and Country Planning (General Permitted

Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no windows/dormer windows or other openings other than those expressly authorised by this permission shall be constructed in the eastern elevation of the dwelling without the written permission of the Local Planning Authority.

Reason In the interest of the amenities of the area, in accordance with Policies D1 and D4 of the

Waverley Borough Local Plan 2002. 6. Condition The windows in the eastern elevation shall be glazed with obscure glazing to the extent

that intervisibility is excluded and permanently fixed shut below 1.7 metres from finished floor level and shall be retained.

Reason In the interest of the amenities of the area, in accordance with Policies D1 and D4 of the

Waverley Borough Local Plan 2002. 7. Condition No development shall take place until a detailed landscaping scheme has been submitted

to and approved by the Local Planning Authority in writing. The landscaping scheme shall be carried out strictly in accordance with the agreed details and shall be carried out within the first planting season after commencement of the development or as otherwise agreed in writing with the Local Planning Authority. The landscaping shall be maintained to the satisfaction of the Local Planning Authority for a period of 5 years after planting, such maintenance to include the replacement of any trees and shrubs that die or have otherwise become, in the opinion of the Local Planning Authority, seriously damaged or defective. Such replacements to be of same species and size as those originally planted.

Reason In the interests of the visual amenities of the area in accordance with Policies C1, C3,

RD7, D1 and D4 of the Waverley Borough Local Plan 2002. 8. Condition The plan numbers to which this permission relates are SB/20B, SB/21B, SB/22, SB/23,

SB/24B, SB/25A and SB/26A. The development shall be carried out in accordance with the approved plans. No material variation from these plans shall take place unless otherwise first agreed in writing with the Local Planning Authority.

Reason In order that the development hereby permitted shall be fully implemented in complete

accordance with the approved plans and to accord with Policies D1 and D4 of the Waverley Borough Local Plan 2002.

9. Condition No floodlights or other forms of external lighting shall be installed at the site, without the

prior permission, in writing, of the Local Planning Authority. Reason In the interest of the character and amenity of the area in accordance with Policies C1, C3,

RD7, D1 and D4 of the Waverley Borough Local Plan 2002. 10. Condition Notwithstanding the provisions of the Town and Country Planning (General Permitted

Development) Order 1995 (or any order revoking and re-enacting that Order with out without modification), no fences, gates, walls, or other means of enclosure whatsoever shall be erected without the permission in writing of the Local Planning Authority.

Reason In the interest of the character and amenity of the area in accordance with Policies C1, C3,

RD7, D1 and D4 of the Waverley Borough Local Plan 2002. 11. Condition The residential curtilage for the dwelling hereby granted planning permission shall be

contained within the area outlined in red on the approved plans SB/24B and SB/25A. No

extension to this residential curtilage shall take place unless otherwise agreed in writing by the Local Planning Authority.

Reason In the interest of the character and amenity of the area in accordance with Policies C1, C3,

RD7, D1 and D4 of the Waverley Borough Local Plan 2002. 12. Condition Prior to the first occupation of the development hereby permitted, details of bin stores shall

be submitted to and agreed in writing by the Local Planning Authority. The agreed details shall be implemented and completed and made available for use, and thereafter retained.

Reason In the interest of the character and amenity of the area in accordance with Policies D1 and

D4 of the Waverley Borough Local Plan 2002.

Informatives

1. 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 course of the works, the applicant should stop work and contact Natural England for further advice on 0845 600 3078.

2. ''IMPORTANT'' This planning permission contains certain conditions precedent that state 'before development commences' or 'prior to commencement of any development' (or similar). As a result these must be discharged prior to ANY development activity taking place on site. Commencement of development without having complied with these conditions will make any development unauthorised and possibly subject to enforcement action such as a Stop Notice. If the conditions have not been subsequently satisfactorily discharged within the time allowed to implement the permission then the development will remain unauthorised.

3. There is a fee for requests to discharge a condition on a planning consent. The fee payable is £97.00 or a reduced rate of £28.00 for household applications. The fee is charged per written request not per condition to be discharged. A Conditions Discharge form is available and can be downloaded from our web site. Please note that the fee is refundable if the Local Planning Authority concerned has failed to discharge the condition by 12 weeks after receipt of the required information.

4. The granting of planning permission does not permit the obstruction or alteration of a Public Right of Way in any form.

5. The applicant and/or agent should look to undertake a pre-works photographic

assessment of Bridleway 328, as they will be expected to make good any incidental damage caused by access of plant/material deliveries between the B2128 and the proposed development site.

6. The Council confirms that in assessing this planning application it has worked with the

applicant in a positive and proactive way, in line with the requirements of paragraph 186-187 of the National Planning Policy Framework 2012.