24/P/00657 Inspectorate's Ref : APP/Y3615/W/24/3350162 Land to the north of, Heath Drive, Send
Outline planning application for up to 40 residential units with all matters reserved except for access.

Send Parish Council submits the following comments to this appeal application, along with our original objection. These comments are the same as submitted for 22/P/01069 Inspectorate's Ref : APP/Y3615/W/24/3350157  Land to the north of, Heath Drive, Send
Outline planning application for 29 residential units with all matters reserved. 

Ecology, protected species, and biodiversity.
Send Parish Council supports Guildford Borough Council's refusal of this application as set out in the officer's report, grounds 1-4. 
Send Parish Council notes/supports the Objection of Surrey Wildlife Trust (SWT). Biodiversity net gain has not been accurately calculated and there has been inadequate attention given to Badger assessment and mitigation. 
In addition, Send Parish Council would draw the Inspector’s attention to the submission of the West Surrey Badger Group. 
Heritage and the River Wey Conservation Area.
Send Parish Council notes/supports the Objection of the National Trust. 
The Wey Navigation is a heritage asset that runs through the Wey & Godalming Conservation Area. The National Trust states the "River Wey Navigation is nationally significant as one of the earliest waterways to be made navigable and with the Godalming Navigation currently forms the most southerly operational navigations of the inland waterway network in Britain".
Heritage.
Para 205 of the NPPF states that great weight should be given to the asset's conservation. This is irrespective of whether the potential harm amounts to substantial harm, total or less than substantial harm.   
Officer’s assessment of the Heritage consideration.
The planning officer in their report considers that due to the two-story height of the buildings and a woodland buffer being retained, the application would not harm the Wey Navigation Conservation Area or its heritage aspect. 
It is unclear how the planning officer reached this conclusion. Send Parish Council is unable to find a report from the Design & Conservation Area Officer on the planning portal for this application. Moreover, the officer's report does not consider LPDMP Policy D18 or D20, a material consideration when addressing 'harm' to heritage assets.

River Wey Conservation Area.
In their objection letter, the National Trust writes "the application site is located near to the River Wey & Godalming Navigations which are owned and managed by the National Trust and form a visually important open corridor passing through a rich variety of landscapes". Further on in their submission the Trust writes "A key concern of the Trust, set out in the Planning Guidance, is to restrict development on open land within the Wey Corridor between the Navigation and the village of Send - this is to retain the character of the landscape within the Corridor, largely free from development". 
The Planning Guidance of the National Trust is referred to by LPDMP Policy D13, and this will be considered further below.
At this point, we note the National Trust considers that the loss of the protected open space associated with the development will adversely impact the Wey Corridor. As such the proposed development would be contrary to Guildford Local Plan: Strategy and Sites 2015-2034 (LPSS), Policy ID4, Policy NE5 and Policy G11.
Officer’s report
The planning officer states due to the two-story height of the buildings and a woodland buffer being retained, the application would not cause harm. However, in response to the related appeal, 24/P/00657 Inspectorate's Ref: APP/Y3615/W/24/335016, for 40 dwellings, the cramped layout would be contrary to LPDMP D8 and ID5.
LPDMP Policy D13
The officer also considers that due to appearance, landscape, and scale of development, there is no conflict with LPDMP Policy D13.
Send Parish Council contends the officer assessment of LPDMP D13 is based on a fundamental misinterpretation of the policy.
The officer's assessment of this policy rests on how the development would impact the River Wey & Navigations Conservation Area due to the landscape, and scale of development and concludes there is no conflict with the policy. However, correctly interpreted development falls within Policy D13 by virtue of its location, and not its impact on the River Wey & Navigations Conservation Area.
The Corridor of the River Wey Navigations (“the Corridor”) is a concept defined in para 5.174 of the Council’s Local Plan: Development Management Policies (“the LPDMP”), as follows:

Corridor of The River Wey & Godalming Navigations - An area defined by the natural course of The River Wey, the canalised 2 Navigations, associated towpath and verges, adjoining water meadows, pastures and recreational sites, as well as development and structures within its immediate setting that has a physical and/or visual relationship with the River Wey and Godalming Navigations.

Appendix C of the Send Neighbourhood Development Plan contains a map of the Wey & Godalming Conservation Area and the Corridor of the River Wey. Accordingly, the Corridor encompasses, but is broader than, the Conservation Area itself. 

The appeal site is within the Corridor. The Corridor enhances the distinct character of the Navigations, by way of its visual setting, and amenity value. The material part of LPDMP Policy D13 provides:

1) Development proposals which impact The River Wey and Godalming Navigations and its environs are required to:
a) conserve and enhance the distinct character of the Navigations, including its visual setting, amenity, recreational and ecological value, and architectural and historic interest;
b) protect and conserve landscape features, buildings, structures and archaeological remains that are associated with the river’s unique character, history and heritage;
c) establish a positive relationship with the Navigations’ setting and waterfront character and its historic interest, taking full advantage of its location, addressing the waterway as a frontage and opening up views;
d) protect, and where possible, enhance key existing views to, from, across and along the river, including those identified in the Guildford Town Centre Views SPD; and
e) integrate flood risk mitigation measures where the design and material palette are responsive to the character and the site’s immediate context.

Furthermore, the officer's report fails to consider LPDMP Policy D13(2) as a potential ground for refusal. This states:
2) Development proposals adjoining the river are expected to seek to improve visual and physical public access to and along the river by:
a) providing direct, safe and clear public access to and along the river;
b) providing a ‘joined-up’ approach to river access, considering access and uses up and down stream, as well as across the river channel and the adjoining areas to the existing towpath; and
c) enabling and supporting the promotion of active and healthier lifestyles.
Send Parish Council submits that in addition to the policies cited for refusal by the National Trust, LPDMP Policy D13(1) &(2), D18, and D20 are material considerations in assessing this application and are grounds for refusal of the application. Alongside this, SNDP Policy 1 and 4 are further grounds for refusal.
Moreover, when LPDMP Policy D13 is applied the loss of the protected open space will adversely impact the Wey Corridor, and therefore LPSS Policy ID4 is a ground for refusal.
Summary/Conclusion
Send Parish Council reiterates its objection to this application. Send Parish Council reiterates points 1-3 of its objection and Send Neighbourhood Plan policies Policy Send 1 and Send 4 as materially relevant considerations for this application and as grounds for refusal. 
Since the previous appeal, 20/P/01069, the Local Plan Development Management Policies (LPDMP) was adopted in March 2023. This document is a material consideration for this appeal application. The LPDMP has introduced policies that add protection to the environment. heritage and the River Wey Navigation as a Conservation Area. The relevant policies are D13(1) &(2), D18 and D20. 
Send Parish Council contends the appeal application fails to comply with these policies for the reasons we have stated in our submission and are grounds for refusal of this application, in addition to reasons for refusal as set out by Guildford Borough Council.

SEND PARISH COUNCIL
13th October 2024.