Case Reference: 3263347

Appeal Decision
Inquiry commenced on 9 March 2021
Site visit made on 28 April 2021
by Frances Mahoney MRTPI IHBC
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 21 June 2021
Appeal Ref: APP/K3605/W/20/3263347
Homebase, New Zealand Avenue, Walton-on-Thames Surrey KT12 1XA
• The appeal is made under section 78 of the Town and Country Planning Act 1990
against a refusal to grant planning permission.
• The appeal is made by [APPELLANT] against the decision of
Elmbridge Borough Council.
• The application Ref 2020/0832, dated 31 March 2020, was refused by notice dated 21
October 2020.
• Development comprising 222 units of care accommodation with associated communal
facilities, landscaping, parking, accesses (vehicular and pedestrian), public realm,
bicycle stores and sub-station following demolition of existing buildings.
Decision
1. The appeal is allowed and planning permission is granted for a development
comprising 222 units of care accommodation with associated communal
facilities, landscaping, parking, accesses (vehicular and pedestrian), public
realm, bicycle stores and sub-station following demolition of existing buildings
at the site of Homebase, New Zealand Avenue, Walton-on-Thames, Surrey in
accordance with the terms of the application, ref 2020/0832, dated 32 March
2020, subject to the conditions set out in the schedule set out at the end of this
decision.
Preliminary matters
2. The Inquiry sat from the 9-11 March, 16-19 and 22 March 2021 with an
unaccompanied site visit on 28 April 2021.
3. The above description of development is not that which was originally set out
on the planning application form. Following an exchange on the appropriate
Use Class to categorise the nature of the residential units, along with a
clarification of the name of the applicant, an amended description was agreed
between the parties1. The change in essence clarifies the nature of the
development being proposed. I am satisfied the change was made early
enough in the process2 so that the proposal was considered, and a decision
made by the Council, on the basis of this description. Therefore, the
consideration of this appeal should be similarly based.
1 Inq Doc 37.
2 Not long after the original planning application was submitted.
4. At the site visit I noted that the works of demolition had already been
completed and much of the rubble removed from the site leaving it
construction ready3.
5. The Council refused planning permission for seven reasons4. At the Inquiry the
Council did not defend reasons for refusal three to seven. They were satisfied
that through the terms of the completed S106 agreement5 these matters could
be appropriately dealt with. I have no reason to question the position of the
Council in this regard and therefore do not propose to consider these matters
further.
Planning Policy
6. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that
applications for planning permission must be determined in accordance with
the development plan unless material considerations indicate otherwise. The
Development Plan for the District includes the Elmbridge Core Strategy (July
2011) (CS) and the Elmbridge Local Plan Development Management Plan
(April 2015) (DMP)6.
7. Both the CS and the DMP pre-dates the National Planning Policy Framework
(the Framework) and the weight to be ascribed to these policies is dependant
on their degree of consistency with the policies within the Framework7.
8. The Council is engaged in the preparation of a new Local Plan through which
they seek to deliver new and affordable homes supported by infrastructure and
services, but delivered in such a way that also protects and enhances the
distinctive character and environment of the Borough. Work commenced in
2016. Strategic options were consulted upon initially and the Council then
considered the feedback from residents and others and carried out further
studies and assessments accordingly. An options consultation was undertaken
towards the end of 2019 focusing on the delivery of homes, including
affordable housing. In 2020 the vision, objectives and direction for
development management policies was also consulted upon. Clearly progress
is being made, particularly in the face of the difficulties we have all being living
with over the last year or so. However, the emerging Local Plan is not
sufficiently advanced or examined and therefore, I can give it little or no weight
in my decision-making.
9. As a result, it is the policies of the CS and the DMP which prevail alongside
Government policy centred on the Framework.
10. It is an agreed position between the appellant company and the Council that
only a 3.96 years supply of housing land can be demonstrated8.
11. Paragraph 11, footnote 7 of the Framework is clear where a Council cannot
demonstrate a five-year supply of deliverable housing sites, the policies which
are most important for determining the application are out-of-date. That
position is qualified in that they are not to be ignored. It is for the decision-
3 These works of demolition were permitted development as confirmed by the Council by issuing a Prior Approval
dated 3 July 2020 – Appendix 2 to the Planning Position Statement.
4 CD3.3.
5 Inq Doc 44.
6 This was produced under the commitment made in the CS to produce further Local Plan documents.
7 Framework para 213.
8 Statement of Common Ground (SofCG) para 9.3.
maker to determine the weight to be attributed to the conflict with those
policies. This is a matter I will return to later in the decision.
12. The Council has also produced a series of Development Management Advice
Notes which were intended to assist applicants when considering new homes in
the Elmbridge Borough. I note that the Council has confirmed that the
interpretation and application of the relevant development plan policies are
consistent with but not dependant upon the Advice Notes9. These notes do not
appear to have been adopted by the Council and so provide advice, but I can
ascribe only limited weight to the content in the decision-making process. It is
the policies of the development plan which prevail.
Matters for consideration10
Impact on streetscene
13. The appeal site is located on the edge of the Town Centre of Walton-on-
Thames on a site previously occupied by a rather uninspiring retail ‘shed’,
occupied by Homebase, along with an associated expanse of car parking. This
corner site11 has considerable visual prominence in the streetscene and being
separated from the main Town Centre development by the A244, it serves as a
site of transition between the large scale multi-storey development of the
Heart12, which includes predominantly retail and eateries at ground floor level
with apartments above, and the green open expanse of the Cricket Ground and
recreation park off to the south.
14. A significant row of mature trees along the New Zealand Avenue frontage of
the appeal site links into an intervening small mature woodland which runs to
the west and south of the appeal site. The shady tree canopy provides a
welcoming verdant and natural area13 to sit and enjoy a slower pace of activity
from the hubbub of the Town Centre. Well-trodden paths through this wooded
area link through to the ‘pay and display’ car park next to the Cricket Pavilion,
skirt the cricket pitch, and then link the Ashley Park Recreational area with
neighbouring streets. This area of green space is clearly valued by local
residents and was described as a ‘green lung’ within the urban sprawl of this
part of the Borough.
15. To the east and south-east of the appeal site are the distinguished residencies
of the Ashley Park Development. Domestic in scale the homes are set in
pleasant mature, verdant landscaped gardens, all served from barrier
controlled private roads.
16. The proposed design response to the appeal site takes into consideration the
site context of the dense urban development of the Town Centre, along with
the adjacent mature suburban residential development and wider
woodland/park setting to the south.
17. The proposed built form fronting onto New Zealand Avenue would mirror the
scale and height of the Heart Town Centre development on the opposite side of
9 Mantio email dated 12 April 2021.
10 Essentially these are matters raised by the interested parties and dealt with at the round table session at the
Inquiry, not ones which the Council offered any evidence or opposition to the proposal.
11 Corner of Ashley Park Avenue and New Zealand Avenue.
12 Including the Sainsburys building – New Zealand Avenue including development between 2-7 or 8 storeys.
13 Including the presence of birds and other wildlife. I observed a mature fox foraging around the car park and on
the appeal site.
the road, creating a sense of enclosure to the space either side of the main
road. The frontage would be well defined by a generous set back from the
main road allowing for the retention and safe-guarding of the mature frontage
trees and the creation of an attractive public realm, maintaining the already
identified linkage of New Zealand Avenue through to the woodland and
parkland to the east and south.
18. The proposed contemporary design adopts a façade of division into bays with
windows and balconies slightly recessed to create profile and light and shade,
resulting in a sense of relief and depth to the expanse of the 8 storey building.
That mass and design approach is continued into the proposed leg of the
building which would front onto the woodland to the west. However, as the
building would turn the corner into Ashley Park Avenue the proposed height
and massing would reduce down to 4 stories adopting a series of juxtaposed
angular, gable-ended elements which breaks up the building into what can be
loosely described as a more domestic scale of development. Whilst not seeking
to replicate the character and appearance of the established houses of the
Ashley Park development this design approach would result in a
complementary visual association which would add to the overall quality of the
area14.
19. At ground level on the New Zealand Avenue frontage, running directly in line
with the main throughfare between the Heart and the Sainsbury element of the
Town Centre15, crossing the main road via the pelican crossing, the design
proposes a pedestrian link passing through to a central plaza and then beyond
out into the woodland to the south. This would be a landscaped walkway
available for public use with space within the plaza area to linger. The
proposed design would embrace this central area with apartments inward
facing. The permeability of the scheme that the snaking route would create
from the Town Centre to the park and beyond is an expression of the intention
of creating a development which seeks to establish connections with the wider
community.
20. The central plaza is proposed to be landscaped to draw the verdancy of the
trees on the New Zealand Avenue frontage, as well as the park woodland to the
south, through the development creating a green corridor far removed from the
rather stark hard surfaces of the pedestrian areas within the Heart
development just across the road. It would also be made available for
community uses such as Farmers markets or exhibitions16.
21. The proposed design would be visually attractive and sympathetic to local
character with an interesting layout responding to its context establishing a
strong sense of place. The arrangement of the buildings and associated spaces
would create an attractive and welcoming place to live, work and visit17. CS
policy CS20 sets out that accommodation for older people should utilise
creative design and be of high-quality specification.
14 Framework para 127 a).
15 Nettlefold Walk into Studio Plaza.
16 This community use and creation of increased green amenity space for the enjoyment of the wider community
would make a positive contribution to the advancement of equality and good relations.
17 Framework para 127 b) to d).
Impact on trees18
22. A number of the trees on the appeal site are covered either individually or as
groups by Tree Preservation Order EL 92/0419. The preserved trees which form
part of the frontage avenue of trees along New Zealand Avenue and Ashley
Park Avenue are proposed to be retained. The Arboricultural Report and
supplementary information20 sets out how these trees are to be protected
during construction works and the improvement of their rooting environment
for their long-term retention and well-being. The trees proposed for removal
are located more centrally to the appeal site and whilst their loss would be
unfortunate, they do not form part of the road-side avenues.
23. The proposed scheme includes in the order of 60 new trees to be planted which
would certainly mitigate the impact of the loss of the preserved trees,
particularly as these would be spread throughout the design layout, including
the frontages and public areas.
24. The one regrettable loss would be the Kowhai tree which is of significant
commemorative value having been given by the New Zealand High Commission
in 1970 in recognition of the support of the people of Walton-on-Thames and
Weybridge for the care shown to the personnel of the New Zealand armed
forces, whilst hospitalised in the area after World War 1. The tree was re-
dedicated in 2005 in commemoration of the on-going association. The
appellant company has been engaged in consultations with the New Zealand
High Commission to agree a meaningful way forward to maintain that element
of commemoration through the planting of a replacement tree with appropriate
explanatory signboards to ensure the significance of the association is not lost.
The inclusion of a sculpture within the landscaped central plaza could also be a
permanent expression of a time when conflict across the world cost so many
lives and yet the selfless contribution of local people offering care to soldiers so
far from home is still remembered and valued by their home country.
25. Whilst I acknowledge that some trees, including preserved trees, would be lost
as a result of the proposed development, the main structure of avenue trees
would be retained and enhanced through appropriate care and management.
Significant additional tree planting would be undertaken to mitigate the loss of
existing trees and would be incorporated within the comprehensive landscaping
design which is integral to the overall design strategy of the development. In
this way the existing trees to be retained would form part of an appropriate
and effective landscaping scheme21.
Highways
26. The Council was advised on highway implications by the Highway Authority
(Surrey County Council (SCC)). This body raised no objections subject to
appropriate conditions and improvements to pedestrian crossings and the
payment of the Travel Plan auditing fee22. As a result, this was not a matter in
opposition pursued by the Council23.
18 SofCG para 9.26 -the Council accept the loss of some TPOed trees.
19 CD8.15
20 CD2.1.3.
21 Framework para 127 b).
22 Dealt with via S106 agreement.
23 SofCG paras 9.18-9.21.
27. However, concerns were raised by interested parties in relation to the following
matters:
a) Impact on local levels of traffic congestion with associated implications
for air quality;
b) Safety of road users in relation to the vehicular entrance and exit to the
appeal site;
c) Impact on existing on-street parking provision and availability in the
context of the adequacy of the level of car parking to be provided for
future residents, staff and visitors.
- a) Impact on local levels of traffic congestion – air quality
28. The now demolished Homebase had 146 associated car parking spaces. By its
very nature associated vehicular movements were likely to be relatively short
stop-over journeys whilst using the store. The Transport Assessment24 bears
out this assessment, where at paragraph 5.7, it concludes that the trip
generation associated with the proposed development would be less than half
that previously connected with the use of the site as a retail unit. On that basis
the level of traffic generated by the proposed scheme would be considerably
less than that experienced as part of the Homebase site occupation. In
conjunction with the appellant company’s initiatives in respect of reducing car
ownership by the provision of more sustainable means25, the proposal would
have a positive impact on the levels of traffic congestion in the immediate
locality26.
29. Consequently, it follows that with significantly reduced generated vehicular
trips, the proposed scheme would have a positive impact on air quality in the
immediate vicinity. The Air Quality Assessment27 looked more closely at the
wider implications of the proposed development for air quality and concluded
that it would not give rise to any adverse impacts with regards to air quality or
pollution, including light and noise, a conclusion with which the Council
concurred and I have no reason to defer from.
- b) Highway safety – scheme access
30. The proposed scheme would take access from Ashley Park Avenue much as
Homebase did when it was in operation28. In fact, the proposed exit point
would be a re-configured version of the main Homebase car park access. A
new entrance would be provided some 60 metres south of the exit providing an
in-out, one-way access arrangement which would minimise car manoeuvring
within this frontage area.
31. There is no suggestion that the proposed design of the access points
themselves or the one-way access arrangement would not meet the
requirements of the Highway Authority. Having concluded that the proposed
24 CD1.2.17.
25 Car Club, Travel Plan & Village Transport Services – secured by conditions and within the S106 agreement.
26 I am aware there is some concern over congestion and parking stress during the construction phase of the
development. However, this has been taken into account within the Construction Management Plan, including
lorry routing, which is secured by condition.
27 CD1.2.1.
28 It was claimed that Ashley Park Avenue was a private street. The Council confirmed that the road is only a
private street from the point of the location of a gate across the road beyond the access to the public car park
adjacent to the Cricket Pavilion.
development would generate less vehicular movements than the previous retail
use, and in the knowledge that Ashley Park Avenue is blocked off beyond the
proposed entry access with only the Cricket Club, Park and the public car park,
along with Ashley Park Crescent sharing access from this road, I do not
consider that the proposed access arrangements to the development poses a
risk to highway safety as it is alleged.
- c) Impact on existing on-street parking provision and adequacy of on-site
car parking provision
32. There already exists some time limited on-street parking in Ashley Park Avenue
across the side frontage to the appeal site. There are also two car parks within
easy walking distance available for visitors and possibly staff to use29.
Nonetheless, I recognise this area is likely to be subject to parking stress being
so close to the Town Centre.
33. Ashley Park Crescent and Avenue, beyond their gates, are private roads and it
is clear from the signage that this is the case and that there is to be no
unauthorised parking with CCTV in place.
34. Following an individual assessment of the number of car parking spaces
required for this development and, in the context of the nature of the parking
in the immediate area, it was agreed that a total of 112 car parking spaces
would be provided30. 98 of these would be within the basement, accessed via a
car lift, along with 14 spaces at ground level, close to the main building
entrance which would be available for key staff31 and visitors. Secure cycle
storage would also be provided in the basement area as well as at ground
level.
35. I am conscious that this is a town centre location where there is ready access
to public transport32. Further the appellant company, secured via the S106
agreement, would offer a car club programme offering shared vehicles to those
who do not wish to use their own car. A shuttle bus is also proposed to be
provided for residents for local trips out and appointments, along with a Travel
Plan33.
36. With the availability of nearby car parks for visitors, along with the mitigating
measures offered by the appellant company and, in light of the advice of the
Highway Authority and the Council, any overspill parking associated with the
development would be likely to be minimal.
Impact on living conditions of existing residents34
37. The proposed development would represent a transitional form of development
stepping down from the multi-storey development of the Town Centre to the
domestic scale of Ashley Park. Concerns expressed by local residents, centre
on the potential for loss of privacy and outlook.
38. The apartments of the Heart, fronting onto New Zealand Avenue, are set in a
distinctly urban, town centre location. In such a location it is reasonable to
29 One immediately behind the appeal site adjacent to the Cricket Pavilion and the other as part of the
Heart/Sainsburys shopping centre. Both, in the main, would incur a charge to park.
30 Agreed between the Highway Authority and the appellant company.
31 Particularly those with peripatetic responsibilities within the wider community.
32 Buses and trains.
33 Both secured via the S106 agreement.
34 SofCG para 9.15 – the Council do not object on this matter.
expect that some mutual awareness of other residences would be apparent.
Even from street level indirect surveillance by passers-by of the immediate
balcony areas of the apartments is possible to varying degrees. Here the noise
and activity of this busy commercial area are characteristic of the environment
setting of the apartments and the levels of privacy would not be as one would
expect in an area more of a domestic scale. The relationship between the
apartments either side of the Nettlefold Walk is a good example of such town
centre apartment living.
39. In this instance the separation distance between the proposed frontage block
and the Heart would be in the order of 43.53 metres35. This would be of
sufficient isolation to maintain reasonable levels of privacy in the context of
town centre living for both existing residents and the future residents of the
proposed development.
40. The outlook from the apartments in the Heart would change were the proposed
development to proceed. It would replace the Homebase store and car park
with a much larger multi-storey building, which I have already concluded would
be of a quality, contemporary design which would mirror the general form of
the Heart itself. The new building would not be of an unusual form, mass or
scale of building from those within the immediate locality. Therefore, whilst
different from the building which had occupied the site previously, in the town
centre, urban context, it would not be incongruous and would still provide a
pleasant outlook for existing residents.
41. The separation distances between the houses fronting Ashley Park Avenue and
the proposed development would be slightly less than across New Zealand
Avenue. However, the Ashley Park Avenue element of the proposed building
does reduce down to, in the main, 4 stories set more angularly to the street
and, with the front of the existing houses also not addressing the street
squarely the opportunities for direct invasive overlooking would be minimised.
42. The mature front gardens of the Ashley Park Avenue houses, as well as the
remaining avenue trees and proposed landscaping within the parking/drop off
and pick up/entrance area of the scheme, would also serve to restrict mutual
observation between the developments on either side of the road. This existing
and proposed planting would also serve to filter views of the development for
existing residents. Their previous outlook of the Homebase building and
parking area can only be improved upon by the quality of the design proposed.
43. In respect of whether the proposal would unacceptably overshadow existing
properties causing a loss of sunlight and daylight a full assessment was carried
out and submitted at the time the planning application was considered36. The
Council set out its evaluation of that assessment in their Committee Report at
paragraphs 9.4.3 – 9.4.637. Taking into account the separation distances
between the proposed development and the neighbouring homes along with
the orientation of the buildings one to another I have no reason to question
that appraisal nor the overall conclusion that the proposed development would
not result in any adverse loss of light or privacy to the existing neighbouring
residents.
35 Inquiry Doc 9.
36 CD1.2.6.
37 CD3.1.
- Overall conclusion on the impact on streetscene, trees, highways and living
conditions
44. The appeal proposal would represent development of a high quality and
inclusive sustainable design, integrating sensitively with the locally distinctive
townscape, urban landscape and protecting the amenities of those within the
area. In this way the relevant terms of CS policies CS3, CS17 and DMP policy
DM3 would not be compromised.
45. Further, the development would not have an unacceptable impact on highway
safety, and with the general cumulative impact of the identified highway
matters having a positive effect on the road network from that of the previous
use, there is no question of the impacts being severe38.
Main issues
46. So, having considered the matters raised by interested parties I shall now turn
to the main issues in contention between the Council and the appellant
company. These can be expressed as follows:
• whether the proposed care accommodation (C2 use class – residential
institutions) would be an appropriate response to the development of the
appeal site, making efficient use of land, in the context of a pressing unmet
general housing need (including affordable housing) in the Borough; and
• whether the proposal would undermine the promotion of a diversity in the mix
of uses within the Town Centre with particular regard to the impact on its
vitality and viability.
Whether the appeal proposal is an appropriate response to the development of the
appeal site.
47. As a precursor to consideration of this matter as a whole it is necessary to
establish what need there is for a development of this type in the context of
the available supply.
- The nature of the development
48. The appeal proposal is for care accommodation in Class C2 of the Town and
Country Planning (Use Classes) Order 1987 (as amended)39. More specifically
it would provide extra care housing for older people being 65 years and over
with care needs40. The delivery of care would support residents existing care
needs on entry, and should those needs change, and increase, the facilities and
services available would be capable of responding accordingly.
49. As a minimum, personal care needs would amount to 2.5 hours per week.
Schedule 5A of Appendix 1A of the completed S106 agreement sets out a list,
which is not exhaustive, of elements of personal care. There was considerable
debate over whether having a cleaner come in once a week or using the on-site
hairdresser would be considered as part of the personal care package to enable
someone to ‘fudge’ qualifying for residency.
38 Framework para 109
39 Specified within the terms of the S106 agreement.
40 This would be through the scheme being purpose built along with the presence of a domiciliary care provider
(could provide 24 hour care packages). The care would include personal care, nursing care and dementia care.
A qualifying person would be someone over 65 years of age who has demonstrated a need through an
assessment by a suitably qualified person for the minimum care package.
50. Within Appendix 1A of the S106 the word ‘assistance’ is repeated throughout.
A qualifying person would be someone over 65 years of age who has
demonstrated a need through a qualifying person assessment by a suitably
qualified person for the minimum care package and the regulated provider of
domiciliary care would be registered with the Care Quality Commission41.
51. The terms of the S106 agreement and the explanation of the promoted model
of the scheme occupancy, provides some reassurance that the proposal for C2
use would not be diluted in some way, resulting in an increasing degree of
growth of C3 residential accommodation within the development.
52. There was concern expressed that the spouses or partners of the qualifying
person who, themselves may not require assistance, may, in sad
circumstances, end up alone in the apartment. When considered in isolation
such a resident would not strictly comply with the terms of the definition of a
qualifying person. However, this is not likely to be a common occurrence to a
point of tipping the overall balance of the C2 use into C3 and it would seem an
uncaring and insensitive action to expect a bereaved resident to leave. No
doubt they themselves may require assistance over time and in any event
would still be paying the management fee to cover the assistance package
even if they did not require assistance in the immediate future42.
53. 193 Guild Living Residences would be available as private ownership options
(leasehold). The other 29 units would be Guild Care Residences and Suites.
These would be for rental and would offer larger accommodation seeking to
support residents who still wish to live with independence but may have an
escalating range of different health/care needs above the minimum, up to and
including 24 hour care43. Guild Living Residences would also be capable of
further adaptation to accommodate increasing care needs.
54. The promoted care model primarily seeks to provide residents with appropriate
care in their own home with the offer of increasing their package of care over
time as their health circumstances change. The level of care on offer would be
akin to that available within a specialist nursing home setting in some cases.
Residents would be able to remain in their own familiar surroundings whilst
having appropriate care readily available to them. The Guild Care Suites and
Residences would also offer step down care for those coming out of hospital if
required.
55. The proposed development would also provide services and facilities for use by
residents along with the wider community. It is proposed that the café and
restaurant44 at ground floor level would be open to the public and the gym and
wellness centre would be accessible to the public through membership. The
central plaza and green spaces, linking through from the Town Centre to the
woodland and Park to the south, would also draw the public through the
development. All of these elements would offer the opportunity for interaction
between residents and the local community. I will return to whether the
41 Service provider definition in the S106 agreement.
42 This could be a factor in any decision for them whether to remain or not. This reasoning also justifies the
adoption of schedule 5A within the S106 in preference to the terms of schedule 5B. Schedule 5A meets the tests
for planning obligations set out in Reg 122 of the Community Infrastructure Levy Regulations 2010 (as
amended) (CIL).
43 Being available for rent would allow for a more rapid move should care needs dictate.
44 This would include further hospitality space for social gatherings and private functions.
availability of the public facilities would actually be practicable in the
circumstances of their design, location and management, later in this decision.
56. The aim of the Commissioning Statement produced by SCC covering Elmbridge
Borough Council, entitled Accommodation with care, residential and nursing
care for older people April 2019 onwards45, is to maximise independence,
choice and control46. The Statement promotes a diverse range of
accommodation with care options for people with a range of disabilities and
needs. It would allow people, regardless of their financial circumstances, to
access settings where the built environment and onsite support can address
their current and future needs, and this would reduce the risk of having to
access more restrictive environments as a result of crisis.
57. When measured against mainstream housing and care homes, extra care is
considered by SCC as being in greatest shortage and that the increasing
availability of attractive extra care options would reduce the likelihood of older
people moving directly into a care home as their care needs increase. The
offered reasoning for this is that extra care gives older people the opportunity
to live in settings which are designed with increasing needs in mind, with
shared facilities which encourage community living, and with care and support
readily available should they need it. Housing with Care seems to me to be the
overwhelming identified direction of care provision into the future for the
County and consequentially the Borough. This model of Housing with Care
embraces extra care along with enhanced sheltered housing.
58. Taking all of the above elements into account it is clear to me that this
development is being promoted on the basis of a sound and thought through
model to care for those whose care needs change as time progresses, and not
to massage the entry requirements to admit those who have not yet reached a
point of requiring assistance.
59. This model would allow the potential for those over 65, who are already
experiencing a degree of requirement for care, to down-size to a new home
where their long term care needs could be accommodated without the
necessity for a later move to a nursing home. There is a growing awareness
of a move away from residential care, to keep people in their own homes for as
long as possible and this model of extra care contributes to the fulfilment of
this objective.
- The need for extra care housing.
60. The National Planning Practice Guidance (PPG) has identified that the need to
provide housing for older people is ‘critical’, given the projected increase in the
number of households aged 65 and over accounts for over half of all
households.
61. Paragraph 61 of the Framework advises that planning policies should assess
and reflect the size, type and tenure of housing needed for different groups in
the community, including older people.
45 CD4.18.
46 It is noted that the Commissioning Statement has not been formally adopted by the Council but it does form
part of the evidence base informing the progression of the new Local Plan and has been produced by a tier of
county government with some responsibilities, particularly in respect of direction, for the provision of care for the
elderly. Therefore, it can be taken into account as a material consideration, to which I give some weight in
these circumstances.
62. CS policy CS20 indicates that the Council would support development of
specialist accommodation for older people in suitable locations to help to
deliver the targets for housing provision for older people in Elmbridge.
63. To establish if the proposed development addresses national policy and is
supported by CS policy CS20 it is necessary to consider whether there is such
need for a C2 scheme of the size proposed in Elmbridge. The Council’s position
is that there is no proven short or medium term need for extra care or nursing
care accommodation in the Borough and that the Town Centre of Walton-on-
Thames is well served by elderly accommodation schemes47. The applicant
company take the converse view.
64. The terms need and demand have been very much mixed in the evidence and
supporting documents. The term need implies a requirement for or a
necessity. Demand as an economic principle would normally refer to a
consumer’s desire to purchase goods and services, in this case C2
accommodation, along with appropriate care packages. However, I have noted
that in the Commissioning Statement, the defined future demand for extra care
in Elmbridge is actually an expression of need supported by a calculation, using
the nationally recognised methodology of Housing Learning and Information
Network (Housing LIN). I have considered it accordingly.
65. The Elmbridge Borough Assessment of Local Housing Needs (ALHN) dated
March 2020 sets out that by 2035 the number of those aged 65 or over in the
Borough is projected to be 35,50048. This represents a 37% increase on 2020
figures. Within this, the rate for the more senior groups that are more likely to
place serious demand on care and health services is higher – a 46% increase is
projected for those 75 or over (5,900 increase) and a 80% increase for those
85 or over (3,500 increase).
66. In terms of tenure, the number of couples over 65 owning their own homes
outright in the Borough is 82%, with another 8% holding mortgages. 90% of
owner-occupiers over 65 under-occupy their homes, including 64% with two
extra bedrooms or more. This indicates a considerable scope for downsizing49,
and also, with a high percentage of owner-occupiers, in an area of high
property values, appreciable spending power to make a move to a more
appropriate home for those older households with changing needs, with the
passage of time.
67. Assessing the need for private extra-care housing draws on the advice in the
PPG - Housing for older and disabled people50. At paragraph 63-004 reference
is made to the possible need to assess future need for specialist
accommodation for older people, including extra care by means of online tool
kits and it specifically mentions SHOP@ (Strategic Housing for Older People
Analysis Tool), which is a tool for forecasting the housing and care needs of
older people. The Inquiry included a ‘beauty contest’ of possible assessment
tools and their evolution51. Whatever model is used, its output will be
determined by the assumptions on which it relies.
47 SofCG section 10.
48 18% of the Elmbridge population: this is projected to increase to 23% by 2035.
49 The consequential release of potential family homes onto the market is a benefit of the proposal of some weight.
50 Gardner proof Appendix A7.
51 Inq doc 12.
68. Shop@ was the analysis tool of choice for the Council, although it was a
starting point as adjustments were made. The fact it was mentioned within
the PPG was taken as indicating a good place to start for analysis. However, I
am conscious the mention of SHOP@ does not offer a firm endorsement of the
product, nor does it suggest this is the only tool which can be utilised.
69. Since the PPG was published52 Housing LIN removed SHOP@ as a readily
available (free) online tool. It is, however, still available from Housing LIN on
the basis of commissions53.
70. Housing LIN as part of their Analysis Tool Review54 has identified that there is a
need to consider if the methodology, parameters and prevalence rates55 within
the SHOP@ tool are relevant to replicate the current and predicted market
conditions. A refinement to the tool is promoted as a recognition that the
leasehold sector will grow in most areas of the country, especially the more
affluent, at a greater rate than the public sector. In respect of trends within
the service areas leasehold Extra Care is recognised as a growth area for
certain more affluent areas. Taking into account the outcomes of the ALHN I
give this trend significant weight in the context of Elmbridge Borough.
71. The appellant company favour the SHOP toolkit as they consider the prevalence
rates better fit the relevant circumstances in Elmbridge56 the key aspects of
which follow:
(a) a very affluent, property-owning cohort of residents aged 75+, growing in
size;
(b) some examples of completed and permitted Housing with Care, so that one
is not starting from a baseline market without any examples for the market
to consider; and
(c) a proactive commissioning authority (SCC) which has specifically targeted a
substantial increase in Housing with Care and away from care home
provision.
72. The parties suggest that the assessment of need is a choice between the SHOP
and SHOP@ outcomes. I do not see it as being so black and white. As already
indicated each analytical tool kit is only as good as the built-in assumptions.
These vary between the toolkits which makes comparison difficult, particularly
as full details of neither analysis model are readily available. The argument
over whether SHOP was unsubstantiated or that SHOP@ prevalence rates were
outdated was not helpful particularly as we were unable to test the toolkit
assumptions.
73. SHOP was still in use in other local authority settings in 2018 and its shelving
by Housing LIN could, as the appellant company suggest, be part of a
commercial strategy, much as SHOP@ has been taken back in-house, now only
available for commercial gain. We just don’t know.
52 26 June 2019.
53 It was clarified that Housing LIN accepted commissions to undertake housing needs assessments from both the
public and private sector subject to there not being a conflict of interest – Inq Doc 6.
54 Gardner Appendix 5.
55 Can be considered as provision rates.
56 It has been noted that SHOP was withdrawn by Housing LIN in April 2020.
74. There continues to be considerable uncertainty around the assessment of need.
I am conscious that the Surrey County Council Commissioning Statement sets
out that there is no single, recognised methodology for identifying future
residential and nursing care need. They chose to use the Housing LIN
methodology although they are specific about which one it is.
75. The County Council strategic direction is to maximise the impact of
preventative services, provide additional support to carers and to diversify the
range of community support on offer, so that people are able to live in their
own homes for longer. They have an ambitious programme for the next 20
years for a more diverse range of accommodation with care options for people
with a range of disabilities and needs, with the aim to maximise independence,
choice and control. It would allow people, regardless of their financial
circumstances, to access settings where the built environment and onsite
support can address their current and future needs, and this would reduce the
risk of having to access more restrictive environments as a result of crisis57.
76. The prevalence rates for extra care and enhanced sheltered together, as
defined by the Council are as follows58:
• SHOP@ 45 per 1000 people over 75; and
• Housing in Later Life/SHOP: 65 per 1000 people over 75
77. This is a significant difference which makes a considerable variation to the
overall assessment of need. I am conscious that these prevalence rates do not
take into account that there may be those in the age cohort 65-74 years of age
who also require Housing with Care59. In my view it would be unsafe to
assume that those in that age bracket would not need appropriate housing for
their care needs.
78. Each party also took a different view on what the catchment area should be in
respect of the generation of the need figures. The Council concentrated on the
local authority area, whilst the appellant company drew their net wider using a
market assessment area, which is presented as an industry standard of a 5
mile catchment. I understand the reasoning for adopting this cross-boundary
area60, but it does not sit well with the other elements of evidence which are
specifically related to Elmbridge Borough. I do recognise that some potential
consumers would come from further afield than the Borough boundaries, either
in respect of wanting to move nearer family, or chasing a particular product or
location. Such an appraisal of need beyond Borough boundaries, which could
be reliably factored into an assessment, is questionable outside of the
57 CD 4.18.
58 These are as reflected by the Council – they take into account pre-adjustments for an agreed tenure split (73%
leasehold, 27% rental) and for health of the local population. I have noted the comments of the appellant
company in respect of whether to include a health adjustment or not. The Council has indicated that their
assessment is based on census data of some age and centres on those over 75 years of age whose activities are
limited a lot. I am considering these figures with a firm ’health’ warning as this does not take into account those
within the 65-74 age range who could be eligible for residency, nor does it define the limits between ‘limited a
little’ and ‘limited a lot’, along with the appellants claim that the time lapsed Census data in conjunction with
longevity, healthy life expectancy and the lasting effects of the pandemic could suppress need for housing with
care in favour of maintaining existing levels of residential care provision. I am also conscious that the population
of 75+ year old residents is projected to increase in the Borough overtime.
59 The appellant company offered the statistic, which was not challenged, that one in five residents in Housing with
Care is likely to be 65-74 years of age (Some 20% of residents within housing with care schemes are between
65-74 years of age – an agreed point in Position Statement – Need for Housing with Care). This is borne out by
the qualifying age for residency of the proposed development as 65.
60 Cross-boundary between local authority areas.
formulation of the new local plan. In such a dense urban area of London
Boroughs, it may be a factor to be considered in the duty to co-operate.
Therefore, the local authority area seems to me to be a better fit in terms of
assessing the area of need to be appraised.
79. The prevalence rates should be dependant on the Commissioning Strategy and
current service provision. SCC Commissioning Strategy for Elmbridge is one of
a movement away from nursing care to a future emphasis on Housing with
Care. To consider this further it is necessary to consider current service
provision in this product space.
- Supply
80. Within the Agreed Position Statement – Need for Housing with Care61 it is an
agreed point that existing provision of private housing with care in the Borough
is 116 units62 and proposed supply of private extra care in Elmbridge is 119
units63.
81. The point in contention is whether the 44 units at Whitely Village should be
included as part of the supply. These have yet to be constructed but form part
of an extant planning permission which includes the provision of an extra 44
care home units, including communal and ancillary facilities. Whitely Village is
a housing charity supporting the health and wellbeing of older people. Their
focus is to support the health and wellbeing of up to 450 older people who are
unable to buy or rent their own home on the open market. They do, however,
offer residential and nursing care for those who can self-fund as well as a
limited number of purchase leasehold options.
82. The Whiteley Trust helpfully provided some indication of at what stage the
Charity finds itself64. They do not know when the 44 units would come
forward. This may depend on state funding as they are not in a position
financially to self-fund. They did not rule out the provision of the units for
private leasehold, but they did emphasise their primary focus is on provision
for the poor and elderly people.
83. In considering whether the Whiteley units are deliverable the site has planning
permission in place and it is consequently a suitable location for development.
However, there is considerable doubt whether the development would be
achievable with a realistic prospect that housing would be delivered on the site
within five years. By the Trust’s own assertion their intentions are uncertain.
Their first intention would be to obtain state funding for the development to
build homes for the elderly of an affordable nature.
84. Bearing in mind that permission was given in May 2017 and, as at March
202165 there was no indication that the project had moved forward in any
direction, I consider, in these circumstances, there is clear evidence that the
permitted development would not be achievable with a realistic prospect that
the homes would be delivered on the site within five years. Therefore, the 44
units should not be included in the future supply and the supply both existing
and permitted is as set out above.
61 CD9.37.
62 51 units at Edward Place in Walton on Thames and 65 units at Austin Place in Weybridge.
63 43 units under construction at Campbell House in Weybridge (under construction) and 76 units at Audley
Fairmile in Cobham (planning permission granted May 2020).
64 Inq Doc 14.
65 The date of the informative email Inq Doc 14.
– Overview on future housing provision for older people
85. Having established supply, it is now necessary to consider the overall picture.
86. The consideration of the beauty contest of toolkits to calculate need for
Housing with Care essentially results in a comparison of apples with pears as
elements in the various models vary and assumptions are inconsistent66.
87. The SCC Commissioning Statement, whilst dated April 2019 onwards, is a
leaping off point and one which adopts the methodology of Housing LIN. Whilst
not specified, it is likely that this would have been SHOP@. It uses a
prevalence rate of 25/1000 for extra care. This needs to be adjusted to include
enhanced sheltered housing67 at 20/1000 and the split tenure of 73/2768
applied. It produces a need figure of 493 units with a population aged 75+ in
2025 being 15,000. Purely based on this figure up to 2025 with a supply of
235 there is a net need of 258. I am conscious that these figures do not pay
any regard to those between 65 and 74 years of age who may generate further
uncertain levels of need. Figures into the future suggest an upward trend for
unmet need, but considering up to 2025 is sufficient to make the point.
88. I have also considered whether the COVID 19 pandemic may influence levels of
demand into the future. I have no reason to question the appellant company’s
assertion that Housing with Care performed well in keeping residents safe.
There is some logic to this as residents have their own self-contained
apartments which provide some safe space for individuals. Staff would also
have been available to assist with shopping, care, obtaining medicines etc. It
is likely there may be some initial reluctance to consider a move to such a
development69 post-pandemic, but the drivers for people to move to an
environment where appropriate care can be provided will still be there.
Therefore, I give this factor little weight in my consideration.
89. Therefore, in respect of future housing provision the appeal proposal would
make a significant contribution to this specific area of housing need to which I
give considerable weight.
- Whether the proposal is an appropriate response to the development of the
appeal site when weighed against other development needs
90. Having established the need for the proposed development the Council then
asks that the challenge to balance the competing demands for different uses in
an area, where suitable development land is scarce, should be considered. This
situation of the scarcity of development land is not uncommon in dense urban
environments. The Council’s aim is to establish if the proposal is an efficient
use of land in this context.
91. CS policy CS1 identifies that new development will be directed towards
previously developed land within the built-up area. The appeal site is just such
a site.
92. The term ‘efficient use of land’ appears in the Framework at paragraph 123 c).
This paragraph appears under the heading of ‘Achieving appropriate densities’.
There is no question that the appeal proposal, in respect of density, layout,
66 As much as can be ascertained from the evidence before me.
67 Agreed point.
68 Agree point.
69 Or any move to more communal living.
design, impact on local character and setting, and the promotion of sustainable
travel modes does not make efficient use of the land in that context and does
not offend Development Plan policy nor associated policies in the Framework in
this regard.
93. The issue as promoted by the Council in its simplest form is whether the
established need for Housing with Care in the Borough outweighs the need for
other local housing needs in an environment of a scarcity of suitable land for
such development. I agree with the appellant company that the reference in
paragraph 122 of the Framework is more about not under using land in a
development sense. In paragraph 123 c) the meaning of efficient use of land is
more closely connected to a consideration of spatial/density related matters
referred to in the following sentence to paragraph 123 in respect of living
standards. It does not create a policy environment to place an overall housing
need into an internal hierarchy of one type of housing need balanced against
another. However, in any event I have considered the matter below.
94. The appeal site is designated as part of the Town Centre. It could therefore
accommodate a range of town centre multi-uses, including residential70.
95. It is an agreed point that the Council does not have a 5 Year Housing Land
Supply being only able to demonstrate 3.96 years71. The appeal proposal
would contribute 209 units to local housing need and this implies that the
identified need for Housing for older people in the Borough, including Housing
with Care, is an integral part of the Council’s identified housing need.
96. That need will be reassessed as part of the new local plan process and no doubt
some of the Council’s work relevant to this appeal may be included in the
evidence. Further, the duty to co-operate may also include discussions about
cross-boundary migration of older people to access Housing with Care.
97. However, for the purposes of this appeal the need for Housing with Care,
whether already expressed or to be included, is an integral part of the housing
need of the Borough and the site would contribute to the supply of housing
within the next 5 years.
98. I understand that across the Borough there are significant land use constraints,
60% being Green Belt or subject to other substantial planning or environmental
constraints72. Of the remaining 40%, in a relatively dense urban area, much is
already developed in providing infrastructure. Nonetheless, my attention was
drawn to a number of sites close to the Town Centre which had potential for re-
development for mixed uses, including housing. That said such ad hoc
identification is only a short-term response. It is via the new local plan that
allocated sites, including brownfield land needs to be identified and assessed.
99. The Council has a pressing need for smaller units of market housing73 and, on
the back of this would likely come affordable homes, again with significant
unmet need in the Borough. The proposed development of C2 homes would
not generate any affordable houses.
70 CS policies CS3 & CS18 apply.
71 SofCG para 9.4.
72 Such as SPA, SSSI and areas susceptible to flooding.
73 1-2 bedroom units representing 70% of need. 1-3 bedroom homes represent 90% of need.
100. CS policy CS17 – Local character, density and design, sets out under the
heading Local Character that new development will be required to deliver high
quality and inclusive sustainable design, which maximises the efficient use of
urban land. This is a design-based policy where the efficient use of land is
placed in the context of character, design and density.
101. CS policy CS3, a policy specific to Walton-on-Thames, indicates that within the
town centre, new development will be promoted in a way that delivers high
quality, well designed public spaces and buildings, makes efficient use of land
and adds to the centre’s attractiveness and competitiveness. Again, the
efficient use of land is closely aligned with design and public spaces and
buildings.
102. DMP policy DM10 does require development to promote house types and sizes
that make the most efficient use of land and meet the most up to date measure
of local housing need74. Having concluded that there is an established need for
Housing with Care and that this forms part of the overall local housing need
this policy would not be offended by the proposal.
103. None of these policy references give policy support to the Council’s position.
The term efficient use of land, in my judgement, in the main, is used in a
different context relating to design and density.
104. Development Management Advice Note 1: Understanding Housing Need75 sets
out that in line with paragraph 123 of the Framework, schemes that do not
make efficient use of land will be refused. I have already set out that these are
just advice notes and so are of limited weight. Further I have commented on
the context of paragraph 123 and its applicability in respect of balancing one
housing use against another and I do not intend to repeat myself.
105. However, refusing development which is compliant with both development plan
policy and national policy just because it is not what has been identified as
housing of the type of most pressing need, would basically mean that no
development on such land would be able to proceed until the pressing need for
new small 1-3 bedroom housing is satisfied. This cannot be right. There is an
established need for Housing with Care and a duty upon the decision-maker to
advance equality opportunities between the elderly and younger members of
society76. It would create a hierarchy of development not reflected through
adopted development plan policy, essentially stifling development in the
Borough. The new local plan will be able to allocate development land as
required and prioritise development through properly constructed and
examined policy.
74 There could be a tension between CS policy CS19 which seeks to secure a range of housing types and sizes on
developments and resist an over concentration of any one type of dwelling if this is considered to have potential
to adversely affect community cohesion, and CS policy CS20 which offers support for specialist accommodation
for older people in suitable locations. However, the appeal proposal includes units of a range of sizes which
respond to one sector in housing need, a response in respect of accommodation types which would not be
uncommon or unexpected in a development of this type. A response to community cohesion has been designed
into the proposal through public access to ground floor services and the creation of the central green pathway
and space which would attract the community and create linkages with future residents. Therefore, I am
content that the policy relationship between these policies is relaxed and not at odds in this case.
75 CD4.9.
76 Public Sector Equality Duty – created under the Equality Act 2010.
Impact on the Town Centre – vitality and viability
106. Whether the appeal proposal would contribute to the vitality and viability of the
Town Centre is a key issue. It has already been established that this is a
designated town centre site, but one which is not identified as being primary or
secondary frontage as set out in CS policy CS18 or on the proposals map.
107. As already described above the proposed development frontage onto New
Zealand Avenue mirrors the development of the Heart and this would include
the nature of the ground floor uses, in particular restaurant food offers which
are concentrated in this area. The issue for the Council is whether the
proposed restaurant, which the appellant company promote as being open to
the public as well as to residents, would, in the practicality of use, be so
available. This also applies to the proposed gym and wellness suite.
108. Much play was made at the Inquiry of how future residents may take priority
over public walk-ins in respect of bookings for restaurant tables. Schedule 9 of
the S106 agreement is clear that there would be no preferential treatment in
accessing the restaurant/café or the flexible/multi use space for future
residents over members of the public. The agreement also requires the setting
up of a booking system to which both residents and the public would have
equal access77.
109. The Council also suggested that the restaurant, along with other ground floor
facilities, being located within an extra care setting, would be decorated and
equipped to appeal more to those of the age of future residents which may not
be appealing to the wider public. This seems an absurd suggestion. People
over 65 years of age are also members of the public and no doubt enjoy
frequenting local restaurants which will have a range of décor from smart, chic
to themed and minimalist. It would be a wrong assumption that their style and
decorative tastes widely differ in fashion from those of a younger age.
110. I visited the Audley Villages development at Nightingale Place, Clapham to
observe a similar type of publicly accessible café/restaurant, gym and wellness
centre offer. The café/bar/restaurant appeared as a well laid out and styled
space more akin to a quality hotel. It was accessed through the main reception
which was similarly styled and there were doors out onto an outside seating
area. These would be similar arrangements to those proposed in this case. I
saw no physical barriers in respect of putting off members of the public to
using the facility and I would anticipate that would be the case for the
restaurant/café now proposed.
111. I am also conscious that the restaurant/café would be located close to the
throughway from the Town Centre to the proposed central plaza and the Park
beyond. The proposal offers a convenient stop-off for coffee or a lunch for
those walking through.
112. The proposed gym and wellness centre would be on the small size and certainly
not akin to one of the national chain’s facilities. However, the S106 agreement
requires the setting up of a membership scheme, which would include
members of the public. Gyms appeal to users in different ways depending on
the type of training required and aspirations for outcomes. I have no doubt
this smaller gym, along with the pool, wellness centre and yoga and pilates
77 Schedule 9 - Management Plan of the S106 agreement is compatible with the tests for planning obligations set
out at Regulation 122 of CIL.
classes would be attractive to those looking for a quieter, less intense training
experience.
113. In conclusion, I am satisfied that the proposed ground floor uses would be
equally available to future residents as well as to members of the public and
there is a mechanism in place to secure this relationship78.
114. With the above conclusion in mind the contribution of the proposed
development to the vitality and viability of the Town Centre can be considered.
115. The impression given at the Inquiry by the Council was of a town centre in a
state of vulnerability having recently lost some prime retailers. I made my site
visit purposefully a few weeks after non-essential retail was allowed to open
again after the lockdown which commenced in late December 2020. What I
observed on a wet Wednesday morning was a town centre of some vibrancy
with a considerable number of shops, food outlets and services such as
hairdressers open for business and welcoming customers. Sainsburys was
busy and there was noticeable footfall around the Heart as well as along New
Zealand Avenue, the High Street and Church Street where many independent
shops, eateries and services are located.
116. The proposed establishment of the restaurant/café on the Park side of New
Zealand Avenue would extend the vitality of the Town Centre across the road
drawing those enjoying the retail offer of the Heart into the communal spaces
of the proposed development, through to the woodland and Park beyond, whilst
offering another possibility to spend time at leisure, either inside the restaurant
or in its tree shaded outside frontage space. This arrangement would add a
different dimension of pavement café culture to this side of New Zealand
Avenue to positively enhance it vibrancy and character.
117. In addition to the ground floor business contribution, the future residents of the
apartments79 could bring their spending power to the Town Centre. With
Sainsburys only a very short walk across New Zealand Avenue from the main
reception of the apartments, and other shops and services in the Heart, the
High Street and the immediate surroundings, similarly a short stretch of the
legs, residents would almost certainly shop local and use convenient local
services such as personal grooming, dentistry and the varied independent
retailers and service providers within the locality. That is surely one of the
advantages for future residents of the site’s location, much as the residents of
the Heart’s C3 apartments benefit.
118. It was suggested that as the development would include hair and beauty
services and the restaurant offer, residents would be more likely to stay within
the confines of the development. Again, I consider this to be a misjudging of
the likely benefits of the development location so close to the Town Centre
where a greater mix of services, retail and leisure facilities would be on the
doorstep ready to be enjoyed by future residents. That must be an obvious
locational benefit.
119. The scheme would also generate some 59 FTE jobs, including within the
restaurant, gym and well-being suite. These workers may also use the Town
Centre to shop or dine.
78 Schedule 9 of the S106 agreement which is compatible with the tests for planning obligations set out at
Regulation 122 of the CIL.
79 Over 350.
120. DMP policy DM3 sets out that diversity of uses in town centres will be
encouraged and will resist large, single use buildings unless mixed use
development has first been explored and discounted for viability and feasibility
reasons. As already discussed above the appeal proposal includes a mix of
uses at ground floor addressing the Town Centre frontage.
121. I am satisfied that the appeal proposal in the context of the terms of the S106
agreement in relation to the Management Plan would represent a building in
mixed use which would positively contribute to the vitality and viability of the
Town Centre offering the introduction of a diversity of uses, particularly at
ground floor level, which would compliment and consolidate on the current
leisure offer within the Town Centre, as well as provide a future resident
population conveniently located to contribute to the viability of the Town Centre
through their spending power. In this way the terms of CS policies CS3, CS18
and DMP policy DM3 would not be compromised.
Conditions and obligations
Conditions80
122. A range of conditions was discussed and agreed (without prejudice) at the
Inquiry. I have made minor amendments in the interest of precision.
123. Only conditions which are formally required to be discharged prior to works
commencing on site have been promoted as pre-commencement conditions.
These have been agreed by the appellant company81. These are imposed as
they involve details to be approved for the arrangements of the work on site.
124. With the agreement of the appellant company the time limit for the
implementation of this full permission has been reduced to two years. This is
as a result of the development being promoted as making a significant
contribution to the 5 year housing land supply. The early delivery of the
development was an element taken into account in favour of the proposal.
125. A condition specifying the relevant drawings would be important as this
provides certainty and clarity.
126. There are a number of highway related conditions. A Highway Condition
Survey is considered necessary as the development construction works could
have implications for the highway condition over the course of building works
and a survey would set a baseline for condition assessment. A Post
Construction Highway Survey would ensure that the development would not
adversely impact on the condition of local highways. The Construction
Environmental Management Plan would also seek to secure the free flow of
traffic and highway safety. Improvements to pedestrian crossings in the
immediate vicinity would safeguard highway safety particularly for future
residents of the development. Timely provision of the access points onto
Ashley Park Avenue would further safeguard highway safety along with the
provision of parking and turning facilities.
127. A condition confirming the provision and retention of the pedestrian link
through the development is also necessary to secure the community benefit
80 Inq Doc 43.
81 Inq Doc 24.
that was promoted in this regard, as well as the linkage between the wider
community and future residents of the development.
128. To promote sustainable modes of transport and practices, conditions relating to
cycle parking, travel plan, provision of fast charging electric sockets have been
imposed.
129. Taking into account the appeal sites previous use it is necessary to ensure that
the land is uncontaminated so the development can safely proceed with no
adverse effects from pollution on the environment, harm to human health or
general amenity.
130. To secure the satisfactory drainage of the site in the context of the general
surroundings and any flood risk, details of surface water drainage are required
to be submitted and agreed.
131. Conditions in respect of the retention, maintenance and protection of existing
trees along with the landscaping (both hard and soft landscaping) of the appeal
site, external material samples to be agreed, detailed architectural drawings
are imposed to secure the satisfactory external appearance of the buildings and
protect and enhance the character and appearance of the locality.
132. To secure the living conditions of existing and future residents, conditions are
imposed relating to a limitation of noise from proposed fixed plant, low noise
levels between commercial premises and dwellings, Construction Environmental
Management Plan implementation, details of balcony privacy screens, restricted
access to building 2, sixth floor terrace area and the restriction of delivery of
goods and waste collections.
133. To secure acceptable environmental conditions in the area conditions are
imposed dealing with air quality, external noise, biodiversity (impact upon
protected species), requirement for a Landscape and Ecological Management
Plan and external lighting scheme.
134. The appellant company suggested that an appropriately worded condition
should be imposed to secure public access to the communal area facilities
within the development (wellness suite, flexible fitness/event multi-use space
and the café/restaurant – all at ground floor level). I do not agree. As at
Nightingale Place these elements of the scheme could, at some point, be run by
a third party. Further the setting up of a membership scheme for the wellness
suite and booking to access the multi-use space and café/restaurant, in
addition to the securing of a common pricing structure and avoidance of
preferential treatment for future residents over other members of the public
are all elements which go beyond that which can be reasonably be secured by
condition. Whilst the appellant company might argue that Guild Living may
have overall control, the securing of public access has been fundamental to my
decision both in respect of the impact on the Town Centre as well as in
considering the nature of the overall combination of uses of the proposed
development. Therefore, these matters are best dealt with through the terms
of the S106 agreement (see Schedule 9 Inq Doc 44).
Obligations82
135. I have already referred to planning obligations in respect of sustainable
transport provisions, including Travel Plan, Car Club provision and parking
space and the Village Transport Service, being necessary and justified. The
restriction of the residences within the scheme not to be used for Class C3 use,
whilst acknowledging that spouses or partners of qualifying persons may
continue to live in their homes even after the qualifying person may have
moved on to a more intense care facility or may have passed, has also been
referred to.
136. The planning agreement also contains obligations in respect of waste and
recycling facilities. The intention is for this to be managed privately and it is
important for details of the waste collection contract to be known to secure an
adequate disposal and collection service.
137. The security management plan is necessary as the immediate locality of the
appeal site falls within an area which has suffered from anti-social behaviour
with a Public Spaces Protection Order being in place. The permeability of the
proposed development, whilst being a community benefit of the scheme, was
identified by Surrey Police as having potential to add to the poor behaviour
already experienced. The Council and the appellant company have agreed that
the security management plan should include the use of a security company for
the lifetime of the development. The provision of this element does need to be
secured by means of the terms of the legal agreement.
138. Overall, I find that all of the identified provisions are considered to be
necessary, in order to make the development acceptable taking into account
the terms of the Statement of justification for obligations. The statutory tests in
Regulation 122 of the Community Infrastructure Levy Regulations are met, and
that the provisions of the planning agreement are material considerations in
this appeal.
Overall conclusion
139. Due to a lack of a 5 Year Housing Land Supply it was an agreed matter that the
tilted balance in favour of sustainable development should apply unless any
adverse impacts of doing so would significantly and demonstrably outweigh the
benefits, when assessed against the policies of the Framework taken as a
whole83.
140. Having assessed the proposal against the policies of the Development Plan, and
the Framework as a whole, no policy harms have been identified.
141. There are a number of identified benefits which the appellant company detail in
Mr Spence’s proof para 5.6-5.7. These are generally uncontested, and I
acknowledge the social, economic and environmental benefits, and would
highlight that the appeal proposal does make a significant contribution to the
supply of housing and specialist accommodation both locally and nationally84.
142. In the absence of harm there are no adverse impacts of granting planning
permission and so there is no balance to be drawn, harm v benefits.
82 Inq Doc 44 & CD8.20.
83 Framework paragraph 11.
84 Framework para 59 – in the particular circumstances of a lack of a 5YHLS.
Therefore, this appeal should be allowed and planning permission granted for
the proposal85.
Frances Mahoney
Inspector
85 In reaching this decision I have taken into account the terms of the various appeal decisions
brought to my attention in so far as they are relevant based on the limited submitted evidence in
each case.
Schedule of conditions
1. The development hereby permitted shall be begun before the expiration of
two years from the date of this permission.
2. The development hereby permitted shall be carried out in strict accordance
with the following list of approved plans and documents:
- 19023-MPI-XX-XX-DR-A-01_001 Rev P1LOCATION PLAN - EXISTING
- 19023-MPI-XX-XX-DR-A-01_002 Rev P1LOCATION PLAN – PROPOSED
- 19023-MPI-XX-XX-DR-A-01_004 Rev P1SITE BLOCK PLAN - PROPOSED
- 19023-MPI-XX-00-DR-A-20_001 Rev P1 PROPOSED ROOF LEVEL MASTER
PLAN
- 19023-MPI-XX-B1-DR-A-20_002 Rev P1 LEVEL B1 MASTER PLAN
- 19023-MPI-XX-00-DR-A-20_003 Rev P1 LEVEL 00 MASTER PLAN
- 19023-MPI-XX-01-DR-A-20_004 Rev P1 LEVEL 01 MASTER PLAN
- 19023-MPI-XX-02-DR-A-20_005 Rev P1 LEVEL 02 MASTER PLAN
- 19023-MPI-XX-03-DR-A-20_006 Rev P1 LEVEL 03 MASTER PLAN
- 19023-MPI-XX-04-DR-A-20_007 Rev P1 LEVEL 04 MASTER PLAN
- 19023-MPI-XX-05-DR-A-20_008 Rev P1 LEVEL 05 MASTER PLAN
- 19023-MPI-XX-06-DR-A-20_009 Rev P1 LEVEL 06 MASTER PLAN
- 19023-MPI-XX-07-DR-A-20_010 Rev P1 LEVEL 07 MASTER PLAN
- 19023-MPI-ZZ-B1-DR-A-20_100 Rev P1 BASEMENT - LEVEL B1
- 19023-MPI-ZZ-00-DR-A-20_101 Rev P1 GA PLAN - LEVEL 00
- 19023-MPI-ZZ-01-DR-A-20_102 Rev P1 GA PLAN - LEVEL 01
- 19023-MPI-ZZ-02-DR-A-20_103 Rev P1 GA PLAN - LEVEL 02
- 19023-MPI-ZZ-03-DR-A-20_104 Rev P1 GA PLAN - LEVEL 03
- 19023-MPI-ZZ-04-DR-A-20_105 Rev P1 GA PLAN - LEVEL 04
- 19023-MPI-ZZ-05-DR-A-20_106 Rev P1 GA PLAN - LEVEL 05
- 19023-MPI-ZZ-06-DR-A-20_107 Rev P1 GA PLAN - LEVEL 06
- 19023-MPI-ZZ-07-DR-A-20_108 Rev P1 GA PLAN - LEVEL 07
- 19023-MPI-ZZ-08-DR-A-20_109 Rev P1 GA PLAN - ROOF LEVEL
- 19023-MPI-XX-ZZ-DR-A-20_200 Rev P1 SECTION AA, BB
- 19023-MPI-XX-ZZ-DR-A-20_201 Rev P1 SITE - SECTIONS
- 19023-MPI-XX-ZZ-DR-A-20_202 Rev P1 PROPOSED ELEVATIONS 01 AND 02
- 19023-MPI-XX-ZZ-DR-A-20_203 Rev P1 PROPOSED ELEVATIONS 03, 04 AND
05
- 19023-MPI-XX-ZZ-DR-A-20_204 Rev P1 PROPOSED ELEVATIONS 06 AND 07
- 19023-MPI-XX-ZZ-DR-A-20_205 Rev P1 SITE - ELEVATIONS
- 19023-MPI-XX-ZZ-DR-A-20_206 Rev P1 PROPOSED ELEVATIONS 01 AND 02
-TREES REMOVED FOR CLARITY
- 19023-MPI-XX-ZZ-DR-A-20_207 Rev P1 PROPOSED ELEVATIONS 03, 04 AND
05 - TREES REMOVED FOR CLARITY
- 19023-MPI-XX-ZZ-DR-A-20_208 Rev P1 PROPOSED ELEVATIONS 06 AND 07
- TREES REMOVED FOR CLARITY
- 19023-MPI-XX-ZZ-DR-A-20_209 Rev P1 SITE - ELEVATIONS – TREES
REMOVED FOR CLARITY
- 19023-MPI-XX-ZZ-DR-A-20_290 Rev P1 SUBSTATION - 19023-MPI-XX-ZZ-
DR-A-21_300 Rev P1 TYPICAL BAY STUDY – BAY 1- BUILDING 1 & 2
- 19023-MPI-XX-ZZ-DR-A-21_301 Rev P1 TYPICAL BAY STUDY – BAY 2 -
PEDESTRIAN GATEWAY BUILDING 1
- 19023-MPI-XX-ZZ-DR-A-21_302 Rev P1 TYPICAL BAY STUDY – BAY 3 -
BUILDING 3 & 4
- 19023-MPI-XX-XX-DR-A-30_100 Rev P1TYPICAL UNIT LAYOUTS – 2 BED
M4(2) & M4(3)
- 19023-MPI-XX-XX-DR-A-30_101 Rev P1TYPICAL UNIT LAYOUTS - AGED CARE
SUITES
- 602_S_00_100_P02 General Arrangement Landscape Sections A-A
- 602_S_00_101_P02 General Arrangement Landscape Sections B-B TPP 1 Rev
1 Tree Protection Plan for Demolition
- 602_P_00_100_P05 Landscape General Arrangement Plan; and -
Arboricultural Report and Tree Condition Survey ref. 032020-8110 Rev 2
(March 2020 Revised September 2020).
3. No development shall commence until a Highway Condition Survey has been
submitted to and approved in writing by the Local Planning Authority detailing
highway condition before construction commences.
4. To ensure the potential for contamination has been investigated and the
necessary action taken to make the development site suitable for its proposed
use, the following steps must be completed to the satisfaction of the Local
Planning Authority. No construction shall be commenced until step (a) has been
completed by a competent person. Furthermore, there shall be no occupation
of any part of the site by any end user prior to meeting the terms of this
condition in full.
a) Site Investigation, Method Statement and Remediation
i) A written site-specific investigation plan using the information obtained from
the preliminary investigation (Contaminated Land Assessment, Plowman
Craven, April 2020, ref CB/CS/P20-1989/01 Rev A), providing details of the
investigation for soil, gas and controlled waters where appropriate, shall be
submitted to, and approved in writing by, the Local Planning Authority.
ii) The site investigation shall be undertaken in accordance with the scheme
agreed by the Local Planning Authority. The results of the site investigation, a
refined conceptual model and a risk assessment of any contamination found
shall be submitted to and approved in writing by the Local Planning Authority.
iii) A written Method Statement with verification plan, detailing any remediation
requirements and how successful implementation of these requirements will be
verified shall be submitted to and approved in writing by the Local Planning
Authority.
b) Development in accordance with the Method Statement The development of
the site shall be carried out in accordance with the approved Method
Statement, and any addenda submitted by the developer, and agreed in writing
by the Local Planning Authority. Any post remediation monitoring identified in
the Method Statement shall be installed by the developer within the timescales
identified in the Method Statement and maintained and operated for as long as
identified by the Method Statement.
c) Unsuspected Contamination - If, during development, contamination not
previously identified, is found to be present at the site then no further
development shall be carried out until the developer has submitted a written
addendum to the Method Statement detailing how the unsuspected
contamination shall be dealt with and the addendum has been approved in
writing by the Local Planning Authority. The identified measures shall be
implemented as agreed.
d) Piling - Development approved by this permission shall not commence
unless a Foundation Works Risk Assessment for piling foundations (if piling is to
be used on site) has been submitted to and agreed in writing by the Local
Planning Authority. The piling shall be undertaken only in accordance with the
method outlined in the approved Foundation Works Risk Assessment.
e) Imported material - Clean, uncontaminated rock, soil, brick rubble, crushed
concrete or ceramic only shall be permitted as infill material. The developer
shall not import any material until a sampling program, including appropriate
import criteria for the proposed end use and frequency of sampling, has been
submitted to and approved in writing by the Local Planning Authority. The
Developer shall carry out the approved sampling program to check that all
imported material conforms to the agreed criteria. Where the permitted end
use is residential, the sampling program shall also include samples taken from
the imported material after final placement. Written confirmation of the
suitability of all imported materials shall be provided to the Local Planning
Authority as part of step (f). This shall include both the results of the sampling
program and also details of the origin, transport, final deposition and any
temporary stockpiling of the imported materials.
f) Completion of Remediation and Verification Report - Note: Verification by an
independent, competent person must be carried out prior to occupation of any
part of the site by any end user. Remediation detailed in the Method Statement
shall be completed prior to occupation of any part of the site by any end user.
Prior to occupation of any part of the site by any end user a written Verification
Report shall be submitted to and agreed in writing by the Local Planning
Authority providing verification that the required works regarding
decontamination and installation of post remediation monitoring, have been
carried out in accordance with the agreed Method Statement and any addenda
thereto. The verification shall be carried out and reported by an independent,
competent person, stating that remediation was carried out in accordance with
the approved remediation scheme and that the site is suitable for the permitted
end use.
5. The development hereby permitted shall not commence (except for the
demolition) until details of the design of a surface water drainage scheme have
been submitted to and approved in writing by the Local Planning Authority. The
design must satisfy the SuDS Hierarchy and be compliant with the national
Non- Statutory Technical Standards for SuDS, NPPF and Ministerial Statement
on SuDS. The required drainage details shall include:
a) Evidence that the proposed final solution will effectively manage the 1 in 30
& 1 in 100 (+40% allowance for climate change) storm events, during all
stages of the development. Associated discharge rates and storage volumes
shall be provided using a maximum staged discharge rate of 4.9 I/s 1 in 1
year, 10 I/s 1 in 30 year and 11.6 I/s for 1 in 100 year +40%.
b) Detailed drainage design drawings and calculations to include: a finalised
drainage layout detailing the location of drainage elements, pipe diameters,
levels, and long and cross sections of each element including details of any flow
restrictions and maintenance/risk reducing features (silt traps, inspection
chambers etc.).
c) A plan showing exceedance flows (i.e. during rainfall greater than design
events or during blockage) and how property on and off site will be protected.
d) Details of drainage management responsibilities and maintenance regimes
for the drainage system [a compliance with which is subject to Condition 28].
e) Details of how the drainage system will be protected during construction and
how runoff (including any pollutants) from the development site will be
managed before the drainage system is operational. The surface water
drainage scheme shall be fully installed prior to the first occupation of the site
in accordance with the approved details.
6. No development (excluding demolition) shall take place and no equipment,
machinery or materials shall be brought onto the site for the purposes of the
development until a pre-commencement meeting has been held on site and
attended by a suitable qualified arboriculturist, representative from the Local
Planning Authority and the site manager/foreman. The site visit is required to
ensure operatives are aware of the agreed working procedures and the precise
position of the approved tree protection measures or/and that all tree
protection measures have been installed in accordance with all documentation
submitted to and approved in writing by the Local Planning Authority to comply
with the Additional Arboricultural Information condition (7).
7. No development (excluding demolition) shall take place until all supporting
arboricultural information has been submitted to and approved in writing by the
Local Planning Authority. Arboricultural information is to be in accordance with
the Arboricultural Report and Tree Condition Survey (Revised September 2020)
and are to be implemented and secured over the course of construction. This
shall include further details of the:
a) measures taken to protect existing trees and hedges during construction,
including offsite trees where root protection zones encroach within the site
area, delivery / storage of materials and machinery, including final
specifications for all protection barriers to be used;
b) location and installation of services/utilities/drainage/soakaways, including
services to automated gates.
c) details of construction and installations including methodologies within a root
protection area or that may impact on retained trees, including off-site trees
where root protection areas encroach within the site area.
d) full specification for the construction of any roads, parking areas, driveways,
hard surfacing, including details of no dig specification and extent of the areas
to be constructed using no dig surfacing.
e) detailed levels and cross sections to show that the raised levels of surfacing,
where the installation of no dig surfacing within root protection areas is
proposed (including off-site trees where root protection areas encroach within
the site area), demonstrating that they can be accommodated.
f) all arboricultural site monitoring and supervision required for the duration of
the development.
g) methods to improve the rooting environment for retained and proposed
trees and landscaping. The development thereafter shall be implemented in
strict accordance with the approved details.
8. No development (excluding demolition) shall take place until full details of all
proposed tree planting have been submitted to and approved in writing by the
Local Planning Authority. Details are to include species, sizes, locations,
planting pit design, supports, and guards or other protective measures to be
used. Details shall also include planting times and maintenance schedules for
aftercare to ensure good establishment. Taking into consideration the size of
the site and anticipated area for new planting, the Local Planning Authority
expects a minimum of 66 new trees (with 20 of those trees to be planted at
semi mature sizes - 25cm+ girth) to be planted to maintain future
arboricultural amenity. All tree planting shall be carried out in accordance with
BS 8545:2014 and the details approved prior to the occupation of any part of
the development in accordance to the timetable agreed with the Local Planning
Authority. If within a period of 5 years from the date of the planting of any
tree, that tree, or any planted in replacement for it, is removed, uprooted or
destroyed or dies, another tree of same size and species shall be planted at the
same place, in the next available planting season or sooner. The development
shall be completed in accordance with the approved details.
9. a) Development (excluding demolition) shall not commence until a scheme
setting out the details of development to comply with the requirements of
paragraph (b) of this condition have been submitted to and approved in writing
by the Local Planning Authority.
b) The rating level of the noise emitted from fixed plant on the site shall be 5dB
below the existing background level at any time. The noise levels shall be
determined at the façade of any noise sensitive property. The measurements
and assessments shall be made according to BS 4142:2019.
c) The development shall not be occupied until the scheme approved pursuant
to paragraph (a) of this condition has been implemented in its entirety.
Thereafter the scheme shall be retained and maintained as agreed in
perpetuity.
10. Construction works shall be carried out in accordance with the submitted
Construction Environmental Management Plan (CEMP) dated February 2021
(revision 6) prepared by Wates Construction. All proposed mitigation measures
must be implemented in full during the construction phases. The delivery of
materials shall only occur during site working hours set out in section 5.0 of the
Construction Environmental Management Plan (CEMP) dated February 2021
(revision 6): Monday to Friday: 0800 to 1800 hours Saturday: 0800 to 1300
hours Sunday and Bank Holidays: Site closed.
11. The development must be carried out in accordance with the submitted Air
Quality Assessment, including any proposed mitigation measures, prepared by
Hydrock Consultants Limited Project No. C-12025-C Document Ref: GLW-HYD-
XX-XX-Y-RP-0003-P02 dated 31 March 2020. The approved scheme shall be
maintained thereafter.
12. The development must be carried out in accordance with the submitted
Environmental Noise Survey and Acoustic Design Statement prepared by Hann
Tucker Associates document reference 26963/ADS1/Rev 4 dated 30 March
2020. The recommended mitigation measures within the report must be
implemented in full and retained thereafter to ensure that the building design
complies with the requirements of BS 8233:2014. A verification report to
confirm that recommended mitigation measures within the report have been
carried out in accordance with the Environmental Noise Survey and Acoustic
Design Statement prepared by Hann Tucker Associates document reference
26963/ADS1/Rev 4 dated 30 March 2020 shall be submitted to and approved in
writing by the Local Planning Authority prior to the first occupation of the
development.
13. The development shall be carried out in accordance with the recommended
mitigation and enhancement measures as proposed in ‘Ecological
Enhancements and Mitigation’ section of the Ecological Assessment by Tyler
Grange ref. 12686_R02e_CC_HM dated 06/07/2020. The recommended
mitigation and enhancement measures shall be shown on the landscaping
scheme to be submitted to and approved in writing by the Local Planning
Authority under condition 17. The mitigation and enhancement measures shall
be implemented during the first planting season following the first occupation
of the development following which, within 3 months of first occupation, a
written statement confirming compliance shall be submitted to and agreed in
writing by the Local Planning Authority.
14. No development above the ground level shall commence until an external
lighting scheme, with incorporated zone plan and proposed mitigation
measures, has been submitted to and approved in writing by the Local Planning
Authority. The external lighting scheme is to provide details of the extent of
light spill and details of the wavelength of lighting. The external lighting plan
shall be based on the Lighting Strategy prepared by Gia Equation Lighting
Design Ltd ref: 3086 Rev. P3 dated 30 March 2020. The approved scheme shall
be implemented before first occupation and maintained thereafter.
15. No development above the ground level shall take place until samples of
the materials to be used on the external faces and roof of the building have
been submitted to and approved in writing by the Local Planning Authority.
Development shall be carried out in accordance with the approved details.
16. No development shall take place above ground floor slab level until detailed
drawings at a scale of 1:10 and sections at 1:5 of the following parts of the
development:
i) Windows and window surrounds,
ii) External Doors and door surrounds, and
iii) Railings/ Balconies, Overhangs and Awnings
have been submitted to and approved in writing by the Local Planning
Authority. The development shall be carried out and maintained thereafter in
accordance with the approved details.
17. No development above the ground level shall take place until full details of
both hard and soft landscaping works have been submitted to and approved in
writing by the Local Planning Authority. This scheme shall include indications of
all hard surfaces, walls, fences, access features, the existing trees and hedges
to be retained, together with the new planting to be carried out [also note the
requirement of Condition 13]. The submitted details are to include the
biodiversity mitigation and enhancement measures as proposed in ‘Ecological
Enhancements and Mitigation’ section of the Ecological Assessment by Tyler
Grange ref. 12686_R02e_CC_HM dated 06/07/2020. Additionally, the
submitted information shall include details of the replacement Kowhai tree, as
set out in the Arboricultural Report by Ruskins Tree Consultancy (RG
Consultancy Ltd) dated March 2020 and revised in September 2020. The
approved landscaping scheme shall be implemented during the first planting
season following the first occupation of the development. Any trees or plants,
which within a period of five years of the commencement of any works in
pursuance of the development die, are removed, or become seriously damaged
or diseased, shall be replaced as soon as practicable with others of similar size
and species, following consultation with the Local Planning Authority in writing,
unless the Local Planning Authority gives written consent to any variation.
18. No development above the ground level shall take place until a detailed
Landscape and Ecological Management Plan (LEMP) has been submitted to and
approved in writing by the Local Planning Authority. The LEMP should include
details of the proposed impact and mitigation for the species and habitats,
details of enhancement measures and adequate details of the following: -
Description and evaluation of features to be managed and created including
measures to compensate for proposed loss of tree and hedge removal; -
Numbers and locations of bat and bird boxes, including provision integral to the
design of the new buildings; - Details of the implementation timetable and
monitoring of the LEMP; and - Aims and objectives of a long-term
management; The approved details shall be implemented in full to the
satisfaction of the Local Planning Authority in accordance with the LEMP.
19. An assessment of the pedestrian crossings associated with the site together
with the suggested detailed works to improve the facilities for users of the
development (as per section 5.8 of the Transport Statement) shall be
submitted to and approved in writing by the Local Planning Authority. The
development hereby approved shall not be first occupied or first opened for
trading until all approved works to the facilities have been provided. These
shall be retained and maintained to the satisfaction of the Local Planning
Authority for the lifetime of the development.
20. No part of the development shall be first occupied unless and until the
proposed vehicular and modified accesses to Ashley Park Avenue have been
constructed and provided with visibility zones in accordance with the approved
plans and thereafter the visibility zones shall be kept permanently clear of any
obstruction over 1.05m high.
21. The development hereby approved shall not be first occupied unless and
until space has been laid out within the site in accordance with the approved
plans for vehicles to be parked and for the loading and unloading of vehicles
and for vehicles to turn so that they may enter and leave the site in forward
gear (plans no. 19023-MPI-XX-XX-DR-A-01_004 Rev P1 SITE BLOCK PLAN –
PROPOSED and 19023-MPI-ZZ-B1-DR-A20_100 Rev P1 BASEMENT - LEVEL
B1). Thereafter the parking / loading and unloading / turning areas and any
mechanical equipment including the car lift and the stacking parking system
necessary to ensure the functioning of the basement parking facilities shall be
retained and maintained in full working order and for their designated
purposes.
22. Details of the proposed basement secure and lit cycle parking shall be
submitted to and approved in writing by the Local Planning Authority. The
approved details shall be implemented prior to the first occupation of the
development and thereafter retained and maintained for its designated
purpose.
23. Prior to first occupation of the development, a Post Construction Survey
shall be carried out, submitted to and approved in writing by the Local Planning
Authority. The survey shall identify any damages to the highway associated
with the construction of the development and how the repair works would be
carried out. The works shall be implemented in accordance with the approved
details in agreement with the SCC Highways Authority prior to first occupation
of the development.
24. The approved 'Travel Plan' dated April 2020, Ref: 3019012/D/7B shall be
implemented prior to the occupation of the development and for each and
every subsequent occupation of the development. The Travel Plan shall be
thereafter maintained and developed to the satisfaction of the Local Planning
Authority.
25. Prior to the first use of the development, a detailed scheme shall be
submitted to, and approved in writing by, the Local Planning Authority setting
out how the construction of the separating floors/ceilings between and the
residential and commercial premises shall exceed an airborne sound insulation
value of 53 dB DnT,w+Ctr (i.e. 10 dB above the standard required by the
Building Regulations Document E). The scheme approved by the Local Planning
Authority shall be fully implemented in accordance with the approved details,
before the use hereby permitted, commences. The works and scheme shall
thereafter be retained in accordance with the approved details. A suitably
qualified person, on behalf of the developer, shall carry out post-completion
testing to ensure that the above sound insulation value has been achieved,
before the use commences. The approved scheme shall include an agreed
timetable for the results of the assessment to be submitted in writing to the
Local Planning Authority for a written approval.
26. The completion schedule/report of all arboricultural site supervision and
monitoring submitted and approved in compliance with the Additional
Arboricultural Information condition, shall be submitted to and approved in
writing by the Local Planning Authority within 20 working days of the
completion of the development hereby approved. This shall include evidence of
compliance through supervision and monitoring of the agreed activities by a
suitably qualified arboriculturist.
27. Balconies/terraces serving the following apartments hereby approved – at
the first floor B2-112 and B1-101, at the second floor B2-213, B1-201, A1-203
and B1-206, at the third floor B2-313, B1-301, B1-306 and A2- 303, at the
fourth floor B2-413, B1-401, B1-406 and A1-403, at the fifth floor B2-513, B1-
501, B1-506 and A1-503, at the sixth floor B2-608, B2- 609, B2-612, B1-601,
B1-606 and A1-602, and seventh floor B2-705, B2- 706, B2-707, B1-701, B1-
702, B1-703, B1-704 (multiple), A1-701, A1- 702, shall be provided with a
balcony privacy screen. No development above the ground level shall take
place until the details of the balcony privacy screens, including the level of
glazing obscurity proposed, have been submitted to and approved in writing by
the Local Planning Authority. The screens shall be implemented prior to the
first occupation of the development and permanently maintained in strict
accordance with the approved details.
28. Prior to the first occupation of the development, a verification report carried
out by a qualified drainage engineer must be submitted to and approved in
writing by the Local Planning Authority. This must demonstrate that the
drainage system has been constructed as per the agreed scheme (or detail any
minor variations), provide the details of the developer’s or operator’s
management company and state the national grid reference of any key
drainage elements (surface water attenuation devices/areas, flow restriction
devices and outfalls). The approved surface water drainage scheme as per
Condition 5 shall be retained and maintained in perpetuity.
29. The development hereby approved shall not be occupied unless and until
20% of the proposed parking spaces (23 in total) are provided with a fast
charge socket (current minimum requirements - 7 kw Mode 3 with Type 2
connector - 230v AC 32 Amp single phase dedicated supply), 12 of these to be
located in the above ground parking areas and 11 of the spaces within the
basement parking area. All other parking spaces shall be provided with the
infrastructure to allow for a charging point to be added at a later date in
accordance with a scheme to be submitted to and approved in writing by the
Local Planning Authority. The scheme shall be implemented in accordance with
the approved details prior to the first occupation of the development and
thereafter retained and maintained to the satisfaction of the Local Planning
Authority.
30. There should be no access to the southern terrace of Building 2 at the sixth
floor (between apartments B2-608 and B2-609) unless for the maintenance
purposes. Reason: To preserve the privacy of neighbouring residents in
accordance with Policy DM2 of the Elmbridge Development Management Plan
2015.
31. During the operational phase of the development, deliveries of goods to
and waste collections from the premises shall only be carried out between the
following hours: Monday to Saturday 07.00hrs to 21.00hrs, Sundays and Bank
Holidays 09.00hrs to 15.00hrs. Reason: To avoid adverse impacts on health
and quality of life from noise in accordance with paragraph 180 of the NPPF,
Policy DM5 of the Elmbridge Development Management Plan 2015 and the
Noise Policy Statement for England.
32. Pedestrian access is to be permitted to the through route linking New
Zealand Avenue to the north and Ashley Park to the south, save for one day a
year when this route will be closed to prevent a public right of way being
established on the site and save in the event of an emergency or for
maintenance works.
APPEARANCES
FOR THE COUNCIL
Charles Banner QC
He called
Justin Gardner Justin Gardner Consulting
Blathnaid Duffy Director Lambert Smith Hampton
Aneta Mantio Special Projects Officer, Planning Team, EBC
FOR THE APPELLANT COMPANY
Rupert Warren QC
He called
Matthew Serginson Development Director, Guild Living
Jessamy Venables Associate Carterwood
Neil Mc Cullough Associate Director, Oxford Economics
Tim Spencer Associate Director, Nexus Planning
INTERESTED PARTIES:
Cllr Christine Richardson Elmbridge Borough Councillor – Walton Central
Cllr Chris Sadler Elmbridge Borough Councillor - Walton Central
Sue Cooper Walton & Hersham branch of the Labour Party
Tracey Blandford Walton on Thames Trading Alliance
Documents submitted during the Inquiry
1 Appellant Opening Statement
2 LPA Opening Statement
3 Whiteley Homes Trust – Whiteley House care home strikes platinum
for quality care
4 Whiteley House Unilateral Undertaking (application ref. 2016/3472)
5 Future Market Split - SHOP@ Dashboard - SHOP@ - SHOP - Strategy
- Extra Care - Topics - Resources - Housing LIN
6 Email correspondence between Mr Gardner and Housing LIN
7 Agenda for Interested Party Session (11 March)
8 Appellant’s response to Third Party comments
9 CD1.1 Site Block Plan – Proposed – with annotated dimensions
10 Appeal decision 3237026 – Oak Farm Solihull
11 Third Party Submission - C2 & C3 use schemes in proximity of the
site
12 Older Peoples Housing Needs Assessment Timeline – Mr Gardner and
Ms Venables
13 Appellant’s Communal Spaces Comparison (Guild Living / Edward
Place)
14 Whiteley Village – Email from Ms Venables 10th March
15 Link to The Options Consultation
16 Guild Living – Note on Monthly Management
17 Guild Living - Schemes comparison (Walton, Bath, Epsom, Uxbridge)
18 Ground floor plan - Bath
19 Ground floor plan - Epsom
20 Ground floor plan – Uxbridge
21 Ground floor plan - Walton
22 Appendix SOCG_8 Draft Planning Conditions (update 18 March)
23 Draft S106 Agreement – 18 March (changes tracked)
24 Appellant’s email confirming agreement to pre-commencement
conditions
25 Guild Living – Uxbridge application - Planning Statement
26 Vacancy Rates at Edward Place
27 Development Management Advice Notes – Status
28 Development Management Advice Notes – Status – email
confirmation of meetings and decisions
29 Decisions 12th-Oct-2018 09.15 Individual Cabinet Member Decision
Making - Planning
30 Decisions 23rd-Jan-2019 09.00 Individual Cabinet Member Decision
Making - Planning
31 Printed minutes 12th-Oct-2018 09.15 Individual Cabinet Member
Decision Making - Planning
32 Printed minutes 23rd-Jan-2019 09.00 Individual Cabinet Member
Decision Making - Planning
33 Comparison of publicly accessible facilities between Guild Scheme &
Audley Nightingale
34 Cllr Mrs Richardson – Extra Care Homes
35 Cllr Mrs Richardson – Note on Pollution
36 Cllr Mrs Richardson – WHO – Health risks of air pollution in Europe –
HRAPIE project
37 Change of development description (at application stage) – please
note Invalid Letter (in CD9.35 – Appendix D) and Letter from CMS
dated 10 June 2020 (in CD2.2.7)
38 Change of development description (at application stage) - Email
correspondence dated 4 May – 18 June 2020
39 LPA’s Closing Statement
40 Appellant’s Closing Statement
41 Horsham District Council v Secretary of State for Communities and
Local Government and another [2015] EWHC 109 (Admin)
42 Site Visit route – map
43 Agreed list of suggested conditions
44 Agreed S106 legal agreement
45 Land Registry Document – Official Copy (Title Plan)
46 Land Registry Document – Official Copy (Register)