SEND PARISH COUNCIL
13th November 2024

Please see the representation on behalf of Send Parish Council regarding our OBJECTION to Planning Application 24/P/01457 RE: 94 Potters Lane, Send, Woking, GU23 7AL Construction of 5 dwellings, including access and landscaping

The Application Site

Send Parish Council has reviewed the details to the planning application. The planning history of the site is highly relevant when considering this proposal - the previous application (Guildford Borough Council Ref. 22/P/01966) although having received planning approval, is currently the subject of a legal challenge from Send PC. This has now proceeded to an Oral Hearing at the High Court on 3rd December 2014 and therefore determination of the new application should not proceed until the outcome is known of this Hearing and a full Judicial Review if granted.

Send Parish Council submits its original response to application 22/P/01966 as an addendum to this submission, as it is still relevant. 

In addition, Send Parish Council submits the following points:

This application seeks approval for 'minor' changes to fenestrations, internal layouts and chimneys. As noted in the Design & Access Statement, the Executive Summary, "As detailed design has progressed there are several small changes that improve the scheme design. This document is to discuss those changes and their inconsequential nature". We note that the Conclusion No. 5.1 in the D & A Statement is unchanged from the previous application. 

It would appear to Send Parish Council that all the changes could have been dealt with by a non-material amendment to the original application. There would appear no need for the application and the timing of the 'new' application when the original application is subject to a legal challenge is relevant. As stated above, determination of the new application should not proceed until the outcome is known of this Hearing and a full Judicial Review if granted.

Heritage and the River Wey Conservation Area

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.   

In determining the original application 22/P/01966, the Design and Conservation Area Officer concluded in their report that "The Planning Inspector who dealt with the a previous appeal on the site for 29 dwellings... stressed the importance of the rural landscape between the built up area along Potters Lane and the river to the setting of the Wey and Navigation, specifically stating that the application site made a positive contribution to the setting by virtue of its largely undeveloped character". Then turning to the reduction in dwellings for 22/P/01966 the Design and Conservation Area Officer stated "the reduction does not overcome the concern that development in this location would be unsympathetic to the local character and that it would fail to preserve of enhance the rural character and appearance of the WGNCA setting". 

The Design and Conservation Area Officer therefore found that the original application 22/P/01966 conflicted with policies GBC'S LPSS D1(1), D1(4), D3(1), AND GBC's LPDMP D18, D20. The officer also identified conflict with NPPF para 130, 202.
This highly relevant information was not on the planning portal/ made available to the planning committee when they determined the original application. It was only obtained via a request made by Send Parish Council's legal team in relation to the live High Court challenge to the original application 22/P/01966.

The Design and Conservation Area Officer also stressed the Land Viability Assessment (LVA) for application 22/P/01966 did not include winter images and appropriate wire frames of views from tow path locations. The LVA assessment for this application is the same and is dated October 2022.

It follows therefore that 24/P/01457 also conflicts with GBC'S LPSS D1(1), D1(4), D3(1), AND GBC's LPDMP D18, D20, and NPPF para 130, 202.

River Wey Conservation Area

Along with the Design and Conservation Area Officer the National Trust also objected to 22/P/01966. 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. This is set out in planning guidance of the National Trust and this guidance is referred to by LPDMP D13. In determining application 22/P/01966 the officer listed policy LPDMP D13 in the report but made no assessment of the policy. 

Development falls within LPDMP 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 development 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.

Conclusion

The Design and Conservation Area Officer when assessing the original application identified policy conflict with policies GBC'S LPSS D1(1), D1(4), D3(1), AND GBC's LPDMP D18, D20, and NPPF para 130, 202.

Policy D13 is clear grounds for refusal. The original application 22/P/01966 and this current application 24/P/01457 conflict with policy D13. This is subject of a High Court challenge by Send Parish Council. 

Determining this application before Court proceedings conclude would be premature.

Send Neighbourhood Plan Policies Policy Send 1 and Send 4 are also materially relevant considerations for the application and grounds for refusal.

In summary, Send Parish Council contends this application fails to comply with policies as set out above and this application should be refused.  

ADDENDUM - Send Parish Council’s response to application 22/P/01966

This site is not in the Local Plan nor in the Land Availability Assessment. Borough Councils have a 5-year target for housing and land supply. In 2018 GBC had only a 2.7 year supply. At present it has a 7.4-year supply and as a result of that in 2021 the buffer for the supply was reduced from 20% to 5%. This demonstrates that there is no need for these houses. This is purely a speculative windfall application. 
                                     
This proposal is a huge improvement on the previous applications as to numbers, style of houses and layout of site. It is apparent that the proposal has divided local opinion. However, the overwhelming majority of those who have expressed a view, are against the application. Send Parish Council has to represent the interest of the wider community, not just those in Potters Lane, but also those not resident, who use the tow path and footpath 55. 

There are 5 houses proposed – plots 1, 2 and 3 are a 2 bedroomed house and 2 three bedroomed houses. They have dressing rooms off the main bedrooms and additional space downstairs which could be used as bedroom space. It is fair to say that the 2 bedroomed house is a substantial building. It is highly likely therefore that far more vehicles could use the access way than was envisaged in the plans. At number 96 the side wall is immediately adjacent to the track. Numbers 96 and 92 would clearly be affected by noise and vibration by vehicles using the track and suffer loss of amenity.

The buildings will be situated in the highest point of the site – and whilst plot 1 would be partially obscured by the barn behind it from the river, its upper storey and all remaining plots would be visible from the Wey Navigation towpath. All proposed houses would be visible from footpath 55 and would greatly harm the present rural outlook from the path. At the present time the only building visible is an agricultural barn – which is at least in keeping with the rural outlook of the site currently. 

The Inspector when dealing with the previous application of 92 and 94 Potters Lane commented on how the scenery changes when one leaves Send and heads south on the Navigation. This is particularly noticeable after Worsfold Gates. She commented that the site lies in the corridor of the River Wey and the area has a special character in its visual and historical interest. She added that the rural landscape between the built-up areas of Potters Lane and the River form an important part of the site’s visual impact and the site, due to its undeveloped character, makes a positive contribution to this. Although the proposal is for fewer houses than previously proposed, the individual dwellings will each have a greater height than the barn therefore her objections remain valid with this proposal. These houses are 8 metres tall and so will be visible above the 5-metre-high barn from the tow path. This would intrude onto the rural character of the river corridor. 

The proposed development would expand the number of buildings on Potters Lane beyond the current built-up part. The proposal would also extend the built area much closer to the Navigation than at present. The inspector also made it clear that it is not correct to compare the previous proposed development to Worsfold Close and Wey Close as their sites are in the urban area of the village. Her observations are equally valid for this proposal. This scheme is in a far more rural location. It would fail to comply with Guildford Local Plan D3 – Historic Environment, where any development should conserve and enhance its surroundings. Send NP Policy Send 1 Design is worded in similar form and indeed specifically requires proposals to conserve and enhance the Wey and Godalming Navigation Conservation Area.

The proposal will clearly not only not enhance but actually damage the view from the Wey Navigation and footpath 55 that runs along the site. The proposal is also contrary to SNP Send 2, Housing Development, as it does not reflect the character and settlement of the surrounding area. The proposal also fails to meet SNP Policy Send 4 – Green and Blue Infrastructure as they fail to protect the countryside setting of Send.

The proposal is also is in the 400m to 5km buffer zone of TBHSPA, since building on this site will have implications for wildlife and as such must be refused unless the proposal has made any efforts to mitigate them.

Send Parish Council
T: 01483 479312
E: clerk@sendparishcouncil.gov.uk
Send Parish Office
28 Send Road
Send