Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions Hearing Held on 8 July 2021 Site visit made on 15 July 2021 by Jonathon Parsons MSc BSc(Hons) DipTP Cert(Urb) MRTPI an Inspector appointed by the Secretary of State Decision date: 7th October 2021 Appeal A Ref: APP/R3650/W/20/3252976 Wildwood Livery, Hook Street, Rudgwick, Horsham RH12 3GG • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant full planning permission for a change of use and outline planning permission. • The appeal is made by Mr J Pearson against the decision of Waverley Borough Council. • The application Ref WA/2019/1075, dated 4 June 2019, was refused by notice dated 29 November 2019. • The development proposed is a hybrid application: change of use to single dwelling: outline application for the erection of 6 dwellings with all matters reserved except vehicular access following the demolition of existing buildings and structures. Appeal B Ref: APP/R3650/W/20/3252977 Wildwood Livery, Hook Street, Rudgwick, Horsham RH12 3GG • 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 Mr J Pearson against the decision of Waverley Borough Council.

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions • The application Ref WA/2020/0213, dated 31 January 2020, was refused by notice dated 27 April 2020. • The development proposed is the change of use of a barn to dwellinghouse. Decisions 1. Appeal A is dismissed. Appeal B is allowed and planning permission is granted for the change of use of a barn to dwellinghouse at Wildwood Livery, Hook Street, Rudgwick, Horsham RH12 3GG in accordance with the terms of the application, Ref WA/2020/0213, dated 31 January 2020, subject to the following conditions on the attached schedule. Procedural Matters 2. As set out above, there are two linked appeals on this site. Appeal A concerns a hybrid application that seeks full permission for the change of use of a main barn and outline permission for six dwellings. The outline proposal has all matters reserved except for the means of access. A site plan shows access from Hook Street, a track, and within the site, an internal access with turning areas, which has been considered under the access matter. Site plans also show the siting of six dwellings, associated plot division, vehicular parking and dwelling mix (2 x 4 bed, 3 x 3 bed and 1 x2 bed), which have been treated as indicative.

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions The appellant has accepted a planning condition that dwellings could be one and half storeys. https://www.gov.uk/planning-inspectorate

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions The appellant has accepted a planning condition that dwellings could be one and half storeys. https://www.gov.uk/planning-inspectorate

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions Appeal Decisions APP/R3650/W/20/3252976 & APP/R3650/W/20/3252977 3. In Appeal B, the proposal relates solely to the change of use of the main barn and this would be similar to that proposed in Appeal A. However, it has a different vehicular access road that would skirt round the north and west parts of the site, around the back of retained stable buildings. This proposal does not affect the other equestrian buildings and structures on the remainder of the site. I have considered each proposal on its individual merits. However, to avoid duplication I have dealt with the two schemes together, except where otherwise indicated. 4. Under Appeal B, the proposal was refused on the grounds of unsustainable location, putting undue strain on existing services, and increased reliance on the private car. A similar reason for refusal was imposed on Appeal A, albeit the site was detailed as physically separate from the settlement area and not a preferred site within the Waverley Borough Local Plan Part 2 (emerging). The Council indicates that it no longer wishes to defend these reasons for refusal on Appeals A and B. Separately, planning permission has been granted for the change of use of the main barn to a dwelling on 6 July 2021.

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions Nevertheless, this issue will be commented upon later in this decision. 5. For Appeal A, a s106 agreement dated 14 July 2021 concerns a contribution for off-site affordable housing. This will be commented upon later in the decision. On the 20 July 2021, a revised National Planning Policy Framework (the Framework) was published. The comments of main parties have been considered in this decision where they have chosen to submit correspondence on this matter. Finally, the section of the A281 closest to the appeal site has been variously named as Horsham Road and Guildford Road. This appeal decision refers to Horsham Road as the road name. Applications for costs 6. At the hearing application for costs was made by Mr J Pearson against Waverley Borough Council and by the Council against Mr J Pearson. These applications are subject of separate Decisions. Main Issues 7. For appeal A, the main issue is the effect of the proposal on the character and appearance of the area. 8. Common to both Appeals, a further main issue is the accessibility of the local services and facilities to the occupiers of housing on the site, having regard to sustainable modes of transport. Reasons Character and appearance (Appeal A) 9.

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions The appeal site comprises a commercial equestrian livery which is located within the countryside near Alford. The livery includes a barn, stable block and horse walker, manege/sand school and grazing field areas. A hard surfaced area is used for vehicular parking at the entrance to the site from Hook Street which is a track designated as a Byway Open to All Traffic (BOAT). The track is accessed from Horsham Road. Within the site, there is a slight slope in a southernly direction towards a dwelling at Males Farm. The site’s boundaries are defined by hedgerows and substantial trees. The BOAT continues its route alongside the east boundary of the site towards Males Farm whilst a further https://www.gov.uk/planning-inspectorate 2

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions The appeal site comprises a commercial equestrian livery which is located within the countryside near Alford. The livery includes a barn, stable block and horse walker, manege/sand school and grazing field areas. A hard surfaced area is used for vehicular parking at the entrance to the site from Hook Street which is a track designated as a Byway Open to All Traffic (BOAT). The track is accessed from Horsham Road. Within the site, there is a slight slope in a southernly direction towards a dwelling at Males Farm. The site’s boundaries are defined by hedgerows and substantial trees. The BOAT continues its route alongside the east boundary of the site towards Males Farm whilst a further https://www.gov.uk/planning-inspectorate 2

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions Appeal Decisions APP/R3650/W/20/3252976 & APP/R3650/W/20/3252977 Public Right of Way (PROW), a bridleway, is routed alongside the northern boundary of the site. 10. The surrounding area comprises paddocks/fields, hedgerow, trees and mature and native woodland in a landscape that is gently undulating. Ancient woodland is near to the site. There is a small watercourse to the south and west of the site, much of it within vegetation. West of the site, there is an area of arable fields. Although the landscaped nature of the area predominates, there are dwellings at White Lea (a cluster of residential units) to the east, Males Farm to the south east and Tinker’s cottage to the north. Despite the A281 and the housing, there is a rural tranquillity to the area. In this regard, the A281 passes through substantially landscaped surroundings and is located a significant distance from the area around the site. The dwellings have accesses onto the A281. 11. The surrounding area has more than a few characteristic features/attributes of that listed under National Character Area (NCA) 121 ‘Low Weald’ and the Surrey Landscape Character Assessment (SLCA) 2015 ‘WW6 Dunsfold to Pollingfold Wooded Low Weald’ character areas.

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions For the NCA, the area has a generally pastoral landscape, field boundaries of hedgerows and remnant strips of cleared woodland, the enclosure of small, irregular shaped fields, including arable, rural lanes and tracks with wide grass verges and ditches, and an intricate mix of woodlands, including broadleaved native and riparian trees along watercourses. The wider area comprises small and scattered linear settlements, such as Alford Crossways and Alford, amongst woodland, grassland and hedgerows. In respect of the SLCA, the area has flat or gently undulating landform, a patchwork of arable and pastoral fields, woodland blocks and hedges/tree belts, minor watercourses, areas with limited road access that rely on tracks and a public footpath/bridleway network, and a rural tranquil landscape, due to limited influence from settlement and road. 12. On the site, the equestrian development covers a large site. Horses are cared for by owners and staff, and the appellant’s transport statement (TS)1 estimates 58 total number of vehicle arrivals and departures daily.

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions However, the site retains hedgerow and wooded boundaries, and has a pastoral character due to an extensive and open grazing paddock area, and grassed areas around the existing buildings. Building development is mainly single storey timber clad buildings. Whilst the barn is greater in scale, it retains a rustic quality due to its facing timber boarding, hipped and extensively sloping pitched roof, and plain type tiles. Furthermore, equestrian developments are commonly experienced and expected in rural areas, and this particular development does not detract significantly from the identified rural qualities of the area for all these reasons. There is significant localised intrinsic character and beauty to the countryside in and around the appeal site. 13. In terms of landscape character (landscape receptor sensitivity), the sensitivity to change would be higher than that indicated within the appellant’s Landscape Visual Impact Assessment (LVIA)2 for the above reasons. Visually, the site would be bounded by two PROWs which would be used by recreational users, walkers and cyclists, as well as local residents. These routes are part of a wider network of PROWs for recreational users.

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions Residents are able to access 1 Transport Statement, Vision Transport Planning, April 2019. 2 Landscape Written Statement, Wildwood Livery, Hook Street, Rudgwick, Land Management Services, 11 May 2020. https://www.gov.uk/planning-inspectorate 3

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions Residents are able to access 1 Transport Statement, Vision Transport Planning, April 2019. 2 Landscape Written Statement, Wildwood Livery, Hook Street, Rudgwick, Land Management Services, 11 May 2020. https://www.gov.uk/planning-inspectorate 3

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions Appeal Decisions APP/R3650/W/20/3252976 & APP/R3650/W/20/3252977 facilities and services in Alford village through the PROWs, especially the bridleway. This would indicate greater importance to these PROWs and higher receptor sensitivity than indicated by LVIA, despite the site’s location outside of any national or local landscape designations. 14. The six new built dwellings would be of a traditional appearance, using a high quality local vernacular, that could be secured at the appearance reserved matter stage. They would replace existing buildings, hard surfaced areas and manege and associated paraphernalia. Dwellings could be one and half storeys. Given their peripheral position, existing boundary trees and vegetation would be retained, and at the landscaping reserved matter stage, there would be scope for further landscaping to reinforce boundaries, as well as the creation of a pond with associated planting. There would be no change to the main barn in terms of size, height and scale. The development would result in a reduction of traffic movements compared to the existing commercial livery use. 15.

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions However, the extent, scale and spread of new built development would be significantly greater than that existing on the site and spread over a wider area into areas that are currently largely open and undeveloped. In this regard, the existing buildings are single storey, with a smaller footprint and confined mainly to the northern part of the site. Hard surfaced and manege areas are largely open in nature. With the residential development, there would also be domestic paraphernalia, such as parked vehicles, refuse bins, sheds, clothes lines, children’s play equipment and lighting which would be spread over a wide area. 16. In comparison with the existing equestrian use of the site, the scale and nature of the proposed development would be strikingly different and unsympathetic in relation to the rural character of the area for all these reasons. Therefore, the adverse impact on the landscape character would be considerable and the LVIA’s magnitude of impact and overall neglible significance of effect much greater than indicated. 17. In terms of visual effects, the indicative plans show the siting of new dwellings either side of the access point into the site, and further dwellings beyond this.

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions At this access point, there is a low-lying bank with understorey vegetation below mature trees. However, the trees have a high canopy and there are significant gaps within the vegetation. As such, the two nearest dwellings, with hard surfaced areas for vehicle parking, associated paraphernalia and the access road would be dominant. Although sited further into the site, other new properties would add to the domineering urbanising effect of residential development from this viewing area. On the site’s east boundary, there is similarly a bank, ground vegetation and mature trees. The screening is better here than that at the site’s access. However, there would still be gaps in the vegetation allowing views into the residential development. There would also be gaps in vegetation along the first section of the north boundary closest to the site’s access permitting views of a major development. 18. From the south, there is a further footpath from where the appeal site would be visible. There would be an intervening area of paddock/pasture.

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions However, the site’s south boundary generally has a low hedgerow which enables the existing barn to be seen and despite the separating distance, the new development would appear on slightly raised ground and in a manner, where dwellings would https://www.gov.uk/planning-inspectorate 4

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions However, the site’s south boundary generally has a low hedgerow which enables the existing barn to be seen and despite the separating distance, the new development would appear on slightly raised ground and in a manner, where dwellings would https://www.gov.uk/planning-inspectorate 4

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions Appeal Decisions APP/R3650/W/20/3252976 & APP/R3650/W/20/3252977 be viewed clustered together due to them being in two rows and highly urbanising. In this regard, the LVIA notes that the upper part of the proposed dwellings would introduce a large area of built form that could potentially appear as a block. 19. Consequently, the magnitude of visual impact would be far greater than that indicated by the LVIA. During winter, the impacts would be greater due to the largely deciduous nature of the vegetation in the foreground of views. Additional landscaping would improve screening of the development, but this would take time to establish and would not prevent views through the access into the site. Any substantial entrance gate to serve the development would be inappropriate given the rural character and appearance of the area. In any case, there is no guarantee that vegetation would remain in perpetuity as over time it can be removed for any number of reasons, such as weather and accidental damage, and replacement planting takes time to establish.

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions For all these reasons, there would be a considerable visual impact arising from the development, and the magnitude off impact and significance of effect would be far greater that that concluded by the LVIA. 20. The indicated site plan represents only one possible way of developing the site and there would be scope to create a more informal style of development. However, the net addition of six dwellings would result in greater development scale and extent, through greater floorspace, and domestic paraphernalia and activity, spread over the site. Furthermore, it has not been demonstrated that any subsequent reserved layout would be materially different given the position of the internal access road. 21. For all these reasons, there would be localised but considerable harm to the character and appearance of the area by reason of the urbanising effect of the development. Accordingly, the proposal would conflict with Policies SP2 and RE1 of the Waverley Local Plan Part 1 2018 (LPP1) and Policy D1 of the Waverley Local Plan (LP) 2002. 22. For the barn change of use, planning permission has been granted for a change of use. The proposal would re-use the existing building without any additions or extensions.

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions Whilst there would be domestic paraphernalia, this would be restricted to a single dwelling. As a result, there would be no adverse impact on the character and appearance of the area. Nevertheless, the development as a whole would be harmful for the reasons indicated. Accessibility to services, facilities and employment (Appeals A and B) 23. Alford is a long linear and sprawling village which is defined as a ‘smaller village’ suitable for further development, with a minimum of 125 dwellings being cited, under Policy ALH1 of the LPP1. It comprises a convenience store within a petrol filling station on Horsham Road, a community hall and recreation ground at Alford Crossways to the north of the appeal site. To the south of this, Alford has a combined shop and post office. 24. Based on the appellant’s accessibility and sustainability assessment (ASA)3, the convenience store at the petrol filling station would be within 10 minutes walking time of the development using the track on Hook Street and the footway along Horsham Road. Within Alford, the shop and post office would be 3 Full Statement of Case for hearing, Appendix 10 covering issue of relative accessibility and sustainability, D&M Planning, May 2020.

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions https://www.gov.uk/planning-inspectorate 5

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions https://www.gov.uk/planning-inspectorate 5 Appeal Decisions APP/R3650/W/20/3252976 & APP/R3650/W/20/3252977 within 11 minutes walking time of the development using the bridleway along the north part of the site. Although the tracks have no dedicated pedestrian footway or street lighting, they are both wide and are or will be well- maintained. In the case of Hook Street, a ‘Grampian style’ condition could be imposed to improve the quality of this track given the County Council’s rights of way officer comments. They are/will be suitable for walking, cycling or pushing a pram. 25. Employment opportunities exist at these retail facilities and nearby Alford Business Centre using the access tracks and pavement as appropriate. Although about 16 minutes’ walk time away (based on the ASA), there are bus stops in Alford and Alford Crossways offering a service to nearby settlements, such as Cranleigh, and further away, at Godalming and Guildford. Such a service is hourly for a significant part of the working day. Other church, community hall, public house, restaurant, and sport facilities would be within a maximum of a 16 minute walking time of the development. 26.

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions Sustainable transport opportunities to access services and facilities cannot be expected to be similar between urban and rural areas. Urban areas have greater population densities to support public transport services and residents would have to rely on the private motor vehicle to access goods and services more typically found in larger towns and cities. In this case, this would include schools. For a rural area, the services and facilities available to residents from dwellings at this site through sustainable transport would be good for all these reasons. 27. There is no evidence that the developments would place undue pressure on existing services, and, in any case, the Framework supports rural housing where it would enhance or maintain the vitality of rural communities. Accordingly, the proposal would comply with Policies SP1 and SP2 of LPP1 and Policy D1 of LP (in respect of availability and access to services and facilities). Planning obligation (Appeal A) 28. The s106 agreement secures an affordable housing contribution equivalent to 2.1 dwellings. Under LPP1 Policy AHN1, 30% affordable housing would be required for a development, as proposed, which the obligation would secure.

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions Similarly, the Framework requires provision on major developments such as the appeal proposal (due to its site area). 29. The method of calculation, justification and breakdown of how the money will be spent is detailed in the West Surrey Strategic Housing Market Assessment 2015 and the Council’s Affordable Housing Supplementary Planning Document 2021. The Council’s Housing and Enabling Officer has highlighted that, owing to the location and scale of the development, affordable housing providers are unlikely to support on-site provision. 30. Consequently, the contribution would meet the statutory tests of the Community Infrastructure Regulations 2012 (as amended). In particular, the contributions are necessary to make the development acceptable in planning terms, directly related to the development and are fairly and reasonably related in scale and kind to it. https://www.gov.uk/planning-inspectorate 6

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions Appeal Decisions APP/R3650/W/20/3252976 & APP/R3650/W/20/3252977 Other matters 31. There is agreement that the Council has a deficient 5 year housing supply (5YHLS). There is disagreement regarding the exact figure. The Council had thought that the appellant had agreed to 4.26 years but the appellant’s latest housing assessment4 indicates 3.9 years’ worth of housing land supply, using a figure of 962 dwellings per annum. Irrespective of this disagreement, the tilted balance at paragraph 11 d) ii. under the Framework would still apply in both appeals. 32. In Appeal A, the proposal would boost housing supply through the addition of 7 dwellings in accordance with paragraph 60 of the Framework. Based on the appeal decisions by the appellant, a deficient 5YHLS has been identified by Inspectors since 2019 and the emerging plan is at an early stage of plan preparation limiting any weight to it. The proposal would secure an affordable housing provision through a contribution equivalent to 2.1 affordable housing units. There is a significant need for market and affordable housing in Waverley. 33. For a rural location, residents would have good access to services, facilities, and employment by sustainable transport.

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions It would provide both temporary and permanent economic benefits during the construction of the development and future occupiers would support the local economy. The proposed housing would support a strong, secure, vibrant and healthy community where future occupiers could easily integrate into the local community. The site is previously developed land and the proposal would make effective use of land for much needed residential development. Biodiversity enhancement could be secured through the creation of a pond with associated planting, and reinforcement boundary planting. These benefits would weigh significantly in favour. 34. However, the proposal would not represent good design because the development would not be sympathetic to local character at paragraph 130 of the Framework. It would not contribute to and enhance the natural and local environment at paragraph 174 of the Framework because the intrinsic character and beauty of the countryside would be harmed in a considerable way. The housing contribution of 7 dwellings and affordable housing units would only make a small contribution to housing supply whilst the adverse impact to the character and appearance of the countryside would be considerable and permanent.

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions For all these reasons, even taking into account the appellant’s lower 5YHLS figure, the adverse impacts would significantly and demonstrably outweigh the benefits of the proposal, when assessed against the policies in the Framework taken as a whole. The presumption in favour of sustainable development would not apply. Planning balance 35. In Appeal A, the proposal would boost housing supply and would provide affordable housing provision. It would make effective use of land in a location where residents would have good access to services, facilities, and employment. However, there would be considerable adverse impacts on the rural character and appearance of the area. These impacts would outweigh the benefits, and the associated conflict of the proposal with LPP1 and LP policies would be overriding. The proposal would conflict with the development plan 4 Waverley Borough - Five Year Housing Land Supply: Iceni Update 24 June 2021. https://www.gov.uk/planning-inspectorate 7

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions Appeal Decisions APP/R3650/W/20/3252976 & APP/R3650/W/20/3252977 taken as a whole. The presumption in favour of sustainable development does not apply. There are no considerations of sufficient weight or importance that determine that the decision should be taken other than in accordance with the development plan and therefore, planning permission should be refused. 36. In Appeal B, the boost to housing supply would be very small but there would be no harm to the character and appearance of the area. The proposal involves an acceptable change of use of a building to form a dwelling. Residents would have good access to services and facilities. For all these reasons, the proposal would comply with the policies of LPP1 and LP, the development plan taken as whole. There are no material considerations to outweigh that finding and planning permission should be granted. Conditions (Appeal B) 37. Suggested conditions have been considered in light of the advice contained in Planning Practice Guidance. Some have been amended, shortened and amalgamated in the interests of clarity and precision taking into account the guidance.

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions There are pre-commencement condition requirements for the approval of details where they are a pre-requisite to enable the development to be constructed. The appellant has agreed to this. 38. For the avoidance of uncertainty and to allow for applications for minor material amendments, a condition is necessary specifying the approved drawings. In the interests of the character and appearance of the area, conditions are necessary to require tree protection measures during construction, landscaping, external facing materials and service details. To safeguard people’s health, a contamination condition is required to remedy any potential pollution on the site. For the sake of highway safety, conditions are required to implement a construction method statement. 39. To promote sustainable transport, conditions are necessary to require an electric vehicle charging point and bicycle provision. In the interests of biodiversity and protected species, conditions, including on lighting, are required to safeguard bats and great crested newts. In accordance with LPP1 Policy and to promote a sustainable form of development, a condition is necessary to ensure appropriate water consumption and efficient broadband connections. 40.

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Appeal Decisions A highway condition requiring access visibility splays at the Hook Street and Horsham Road junction has not been imposed. It is not within the control of the appellant, being outside of land within his control and in any case, the transport planning statement indicates acceptable visibility exists currently within the highway margins of the road. Conclusion 41. For the reasons given above and having regard to all other matters raised, I conclude that the appeal A should be dismissed, and Appeal B allowed.

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Jonathon Parsons INSPECTOR https://www.gov.uk/planning-inspectorate 8

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Jonathon Parsons INSPECTOR https://www.gov.uk/planning-inspectorate 8 Appeal Decisions APP/R3650/W/20/3252976 & APP/R3650/W/20/3252977 Schedule – Conditions for Appeal B APP/R3650/W/20/3252977 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: E301; E302; E303; P401 and P402. 3) No development shall commence, including demolition or site clearance, until a scheme of tree protection shall be submitted to and agreed in writing by the local planning authority. The local planning authority Tree and Landscape Officer shall be informed of the proposed commencement date, a minimum of two weeks prior to that date to allow the inspection of protection measures before commencement. The agreed protection to be kept in position throughout the development period until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without written consent of the local planning authority.

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Jonathon Parsons 4) No development shall commence until construction details within protected zones around retained trees shall be submitted to and approved in writing by the local planning authority. Such details shall specify cross sections/details indicating the proposed finished ground levels, surface materials including sub-base and depth of construction and method/materials used for edging. The development shall be carried out in accordance with these approved details. 5) No development shall commence on site until service details shall have been submitted to and approved in writing by the local planning authority. The details shall specify services to be provided or repaired including drains and soakaways, on or to the site. The development shall be carried out in accordance with the approved details. Any amendments to be agreed with the local planning authority in writing. 6) No development shall take place above slab level until a detailed landscaping scheme has been submitted to and approved in writing by the local planning authority.

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Jonathon Parsons The landscaping scheme shall be carried out strictly in accordance with the agreed details and shall be carried out within the first planting season after the commencement of the development or as otherwise agreed in writing with the local planning authority. If within a period of five years from the date of the planting of any tree or plant, that tree or plant, or any tree or plant planted in replacement for it is removed, uprooted or destroyed or dies or becomes seriously damaged or defective, another tree or plant of the same species and size as that originally planted shall be planted at the same place, unless otherwise the local planning authority gives its written consent to any variation. The tree or plant shall be planted within three months of felling/dying or if this period does not fall within the planting season by 31 January next. 7) No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by the local planning authority. The statement shall provide for: i) The parking of vehicles of site personnel, operatives and visitors; https://www.gov.uk/planning-inspectorate 9

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Jonathon Parsons Appeal Decisions APP/R3650/W/20/3252976 & APP/R3650/W/20/3252977 ii) the loading and unloading of plant and materials; iii) the storage of plant and materials; iv) the measures to prevent the deposit of materials on the highway; v) the on-site turning for construction vehicles; vi) before and after construction condition surveys of the highway, including Hook Street, and a commitment to fund the repair of any damage caused; The approved Construction Method Statement shall be adhered to throughout the construction period for the development. 8) No development shall commence until an assessment of the risks posed by any contamination within the site, including intrusive site investigation as necessary, has been carried out, and the results have been submitted to and approved in writing by the local planning authority. The assessment shall include a survey of the extent, scale and nature of contamination and an assessment of the potential risks to human health, property (existing or proposed), water resource and ecological systems.

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Jonathon Parsons In the event that the assessment indicates that remediation is necessary, development shall not commence until a Remediation Statement has been submitted to and approved in writing by the local planning authority. The Remediation Statement shall include details of all works to be undertaken, proposed remediation objectives and criteria, a timetable for the carrying out of any necessary remediation works, and details of the verification or validation of those works. No part of the development hereby permitted shall be occupied until any necessary remediation scheme has been carried out and completed in accordance with the details thereby approved, and until any necessary verification or validation report has been submitted to and approved in writing by the local planning authority. If any contamination is found during the course of construction of the approved development that was not previously identified, no further development shall take place until a scheme for the investigation and remediation of that contamination has been submitted to and approved in writing by the local planning authority.

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Jonathon Parsons Any remediation works thereby approved shall be carried out and completed, and any necessary verification or validation report shall be submitted to and approved in writing by the local planning authority, before any part of the development is first occupied. 9) No variation of the type and colour of the external materials to be used in the construction of the development as shown on the approved plan shall be made without the prior written consent of the local planning authority. 10) Prior to the first occupation of the dwelling, hereby permitted, an electric vehicular charging point shall be installed ready for operation in accordance with details submitted to and approved in writing by the local planning authority. The charging point shall thereafter be retained and kept available for its purpose. 11) Prior to the first occupation of the dwelling, hereby permitted, facilities for the secure and covered parking of bicycles shall be provided in accordance with a scheme to be submitted to and approved in writing by https://www.gov.uk/planning-inspectorate 10

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Jonathon Parsons Appeal Decisions APP/R3650/W/20/3252976 & APP/R3650/W/20/3252977 the local planning authority and thereafter the said approved facilities shall be retained and maintained. 12) The development hereby approved shall be undertaken in strict accordance with the recommended actions as set out within Section 6 of the Protected Species Walkover and Great Crested Newt Survey Reports, AEWC, March and May 2019, and Section 5 of the Bat Survey Report, AEWC, May 2019. Under the Great Crested Newt report, there will be a requirement to obtain a European Protected Species (EPS) Licence from Natural England. All actions detailed in the method statement, to support an EPS Licence application, shall be undertaken. 13) Prior to the first occupation of the dwelling, hereby permitted, details of all external lighting shall be submitted to and approved in writing by the local planning authority. The development shall be completed in accordance with the approved details. 14) Prior to the first occupation of the dwelling, hereby permitted, details shall be submitted to and approved in writing by the local planning authority to confirm that the dwelling has been completed to meet the requirement of 110 litres of water per person per day.

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Jonathon Parsons 15) Prior to the first occupation of the dwelling, hereby permitted, details of broadband infrastructure shall be submitted to and approved in writing by the local planning authority. The development shall be completed in accordance with the approved details. https://www.gov.uk/planning-inspectorate 11

Wildwood Livery, Hook Street, Rudgwick, HORSHAM, RH12 3GG — Waverley Borough Council — Jonathon Parsons 15) Prior to the first occupation of the dwelling, hereby permitted, details of broadband infrastructure shall be submitted to and approved in writing by the local planning authority. The development shall be completed in accordance with the approved details. https://www.gov.uk/planning-inspectorate 11 Appeal Decisions APP/R3650/W/20/3252976 & APP/R3650/W/20/3252977 APPEARANCES FOR THE APPELLANT Mrs Harriet Townsend QC Cornerstone Barristers Mr Jesse Chapman D & M Planning Mr Greg Boyd Iceni Projects Mr David Withycombe Land Management Services Mr Julian Pearson Appellant FOR THE LOCAL PLANNING AUTHORITY Mr Alex Inglis Waverley Borough Council Kathryn Pearson Waverley Borough Council Kathryn Dove Waverley Borough Council Kevin Deanus Waverley Borough Council DOCUMENTS SUBMITTED AT OR AFTER THE HEARING 1. Council Application for award of costs against the appellant in respect of appeal reference: APP/R3650/W/20/3252976. 2. Section 106 agreement dated 14 July 2021. 3. Agent’s response on the revised National Planning Policy Framework dated 4 August 2021. https://www.gov.uk/planning-inspectorate 12