The Hayloft, Water Lane, Albury, GU5 9BD

The Hayloft, Water Lane, Albury, GU5 9BD — Guildford Borough Council — Appeal Decision Site Visit made on 10 June 2021 by Rory MacLeod BA (Hons) MRTPI an Inspector appointed by the Secretary of State Decision date: 03 September 2021 Appeal Ref: APP/Y3615/W/21/3268401 The Hayloft, Water Lane Farm, Water Lane, Albury, GU5 9BD • 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 355 Automobile Restorations Ltd against the decision of Guildford Borough Council. • The application Ref 20/P/00968, dated 16 June 2020, was refused by notice dated 6 January 2021. • The development proposed is change of use from B8 storage to B2 (Light Industrial) for classic and sports car restoration. Decision 1. The appeal is allowed, and planning permission is granted for change of use from B8 storage to B2 (Light Industrial) for classic and sports car restoration. at The Hayloft, Water Lane Farm, Water Lane, Albury, GU5 9BD in accordance with the terms of the application, Ref 20/P/00968, dated 16 June 2020, subject to conditions in the attached schedule. Preliminary Matters 2.

The Hayloft, Water Lane, Albury, GU5 9BD — Guildford Borough Council — Appeal Decision The description of development is taken from the application form, but the term ‘light industrial’ is not generally used in association with Class B2 general industrial activities. 3. The development has already taken place. Permission is sought for retention of the change of use. 4. There is an error in the spelling of the appellant’s name on the appeal form, but the company name is consistent on application and appeal forms. I am satisfied that the appellant has a right to appeal. 5. The National Planning Policy Framework (the Framework) was updated in July 2021. Whilst appeal submissions have referred to the 2019 version of the Framework, I have noted changes made in content and paragraph numbering in preparing this Decision. Main Issues 6. The main issues are the effect of the proposal on (a) the rural character of the area in relation to noise, fumes and vehicle movements and (b) the living conditions of occupiers of nearby dwellings in relation to noise and disturbance. https://www.gov.uk/planning-inspectorate

The Hayloft, Water Lane, Albury, GU5 9BD — Guildford Borough Council — Appeal Decision Appeal Decision APP/Y3615/W/21/3268401 Reasons Rural character 7. The appeal relates to a detached rectangular building positioned between two similar buildings. These were originally agricultural buildings but have been used for storage purposes in recent years. There is a vehicular access and parking area to the southern end of the building. To the south of this and to the west of the site are dwellings. The surrounding area is rural in character comprising open fields with blocks of woodland on undulating land. The site is located within the Green Belt, within an Area of Outstanding Natural Beauty (AONB) and within an Area of Great Landscape Value (AGLV). Water Lane is narrow and in a valley bottom with rising land to both sides. 8. A steel extraction flue with an accelerator has been added to the northern end of the building serving an internal paint spray booth. The end of the flue does not rise significantly above the roof eaves. Whilst visible from close quarters the flue is not a conspicuous feature from vantage points beyond the site. No other external alterations are proposed to the building other than a small enclosure on the northern end elevation.

The Hayloft, Water Lane, Albury, GU5 9BD — Guildford Borough Council — Appeal Decision The parking area between the building and a fence to the nearest residential garden is closely aligned to the building and would have been available for parking when the appeal site had a lawful storage use. The appearance of the site would be little changed as a result of the proposal. Its setting remains as part of a small miscellany of employment activities within a cluster of farm and former farm buildings of varying size. The physical changes involved in the proposal do not significantly change or detract from the rural appearance or character of the area. 9. The appellant has explained that the restoration of customers’ cars is a time consuming business and that therefore there is not a high turnover of cars. Staff are likely to drive to work but the overall volume of vehicle movements associated with the development is unlikely to be materially different from other employment activities that could lawfully take place at the site. The appellant’s traffic survey indicates an average of 66 vehicle movements for a week to and from the appeal site.

The Hayloft, Water Lane, Albury, GU5 9BD — Guildford Borough Council — Appeal Decision This is comparable to traffic movements associated with the farm and significantly lower than those associated with the totals for both dwellings and other businesses in the immediate area. The proposal is to contain noise generating activities and paint spraying within the building, matters that can be adequately controlled by planning conditions. My findings are that noise, fumes and vehicle movements associated with the development would not adversely impact on the rural character of the area, nor how it is experienced by pedestrians, cyclists and horse riders passing nearby on the network of bridleways. 10. Paragraph 176 of the Framework (2021) states “Great weight should be given to conserving and enhancing landscape and scenic beauty” within designated areas including AONBs, which have the highest status of protection, and that “The scale and extent of development within all these designated areas should be limited”. The scale and extent of change within the appeal proposal is limited and does not adversely impact on the landscape and scenic beauty of the AONB. The proposal is compatible with Paragraph 176 and Chapter 15 of the Framework in these respects.

The Hayloft, Water Lane, Albury, GU5 9BD — Guildford Borough Council — Appeal Decision Policy D1 of the Guildford Borough Local Plan: Strategy and Sites 2015-2034 (adopted 2019) is a broad policy relating to place shaping. Most of the policy is not relevant to the proposal but there https://www.gov.uk/planning-inspectorate 2

The Hayloft, Water Lane, Albury, GU5 9BD — Guildford Borough Council — Appeal Decision Policy D1 of the Guildford Borough Local Plan: Strategy and Sites 2015-2034 (adopted 2019) is a broad policy relating to place shaping. Most of the policy is not relevant to the proposal but there https://www.gov.uk/planning-inspectorate 2

The Hayloft, Water Lane, Albury, GU5 9BD — Guildford Borough Council — Appeal Decision Appeal Decision APP/Y3615/W/21/3268401 would not be conflict with paragraphs requiring development to reflect distinct local character, to reinforce landscape setting and to have regard to the important relationship between the built development and the surrounding landscape. Living conditions 11. The appellant’s business concerns the repair and restoration of bodywork to valuable cars. This involves noisy operations such as grinding and sanding but these activities and the paint spraying of finished cars are proposed within the building. The evidence from the appellant’s sound level recordings indicates that noise levels from the spray booth extractor fan, from sanding and dust extraction and from grinding and panel beating are all close to the ambient noise level in Water Lane and that traffic and in particular tractors produce higher noise levels. This corroborates the findings from my own site visit that noise from vehicles associated with other activities in the vicinity and from passing traffic exceeded that from the appellant’s industrial activities. Even allowing for the proximity of the nearest dwellings, such noise levels would not result in a material nuisance for local residents. 12.

The Hayloft, Water Lane, Albury, GU5 9BD — Guildford Borough Council — Appeal Decision Similarly, the traffic data indicates that vehicle movements to and from the site have not been disproportionate compared to that to other destinations in Water Lane. As the business involves just body work, there should not be revving of car engines from treated cars. The transporting of customers’ cars may cause some inconvenience given the width and length of trailers and the constraints of Water Lane but given the overall low traffic levels and infrequency of these movements, this would not cause residents undue nuisance. Wide agricultural vehicles would have a similar impact. 13. The proposal is for the paint spraying of vehicles to take place inside and only within the paint spray booth. I note comments made on behalf of the Council that dispersal of odours depends on wind speeds and directions but have no reason to disagree with the findings of the Council’s Environmental Health Officer that subject to appropriate planning conditions there should not be material nuisance to local residents from toxic smells. 14.

The Hayloft, Water Lane, Albury, GU5 9BD — Guildford Borough Council — Appeal Decision There would not be conflict with Saved Policy G1(3) of the Guildford Borough Local Plan (2003) which requires “The amenities enjoyed by occupants of buildings are protected from unneighbourly development in terms of privacy, access to sunlight and daylight, noise, vibration, pollution, dust and smell”. The impacts of pollution on health, living conditions and the natural environment referred to in Paragraph 185 of the Framework should be capable of being satisfactorily mitigated by the use of suitable planning conditions. Other Matters 15. I have noted local residents’ objections on these and additional issues and also letters of support. Whilst the proposal is retrospective it nonetheless still has to be considered on its individual planning merits. Reference has been made to work undertaken outside the building and outside normal working hours. Planning conditions can control hours of working and require that activity takes place inside the building. The appellant has made some alterations to the business to reduce its impact, such as moving the booth to the rear and installing sound insulation. Conditions can also be used to ensure the adequacy of measures to limit environmental impacts.

The Hayloft, Water Lane, Albury, GU5 9BD — Guildford Borough Council — Appeal Decision https://www.gov.uk/planning-inspectorate 3

The Hayloft, Water Lane, Albury, GU5 9BD — Guildford Borough Council — Appeal Decision https://www.gov.uk/planning-inspectorate 3 Appeal Decision APP/Y3615/W/21/3268401 16. Policy E2 of the LPSS directs new B2 floorspace to the Strategic Employment Sites. But the proposal is for a change of use appropriate to rural economic development opportunities and therefore supported elsewhere by Policy E2. Class B2 activities may be suited to an industrial estate but it is not necessary for all B2 uses to be so located if the alternative is otherwise acceptable in planning terms. 17. The appellant has referred to a site at Birmingham Farm, Albury where permission has been granted for classic car restoration with relatively few planning conditions (permission 17/P/01318). However, there are differences in topography, the layout of neighbouring buildings and also in the nature of the two uses with that at Birmingham Farm not including Class B2 general industrial activities or paint spraying. References to the Birmingham Farm site have had little bearing on my decision which has been based upon the planning merits of the current proposal. Conditions 18. I have considered the planning conditions suggested by the Council, in the event that the appeal is allowed, and the appellant’s comments on these.

The Hayloft, Water Lane, Albury, GU5 9BD — Guildford Borough Council — Appeal Decision Whilst I concur that the majority of conditions are necessary, I have made alterations in the interests of clarity and concision. 19. Although the proposal is retrospective, a condition is necessary to confirm the plans associated with the proposal. A permission personal to the appellant is appropriate in the particular circumstances of the case, as a general car repair and restoration business within Class B2 with a higher turnover of vehicles would be likely to result in different impacts. Upon cessation of the proposal, the building should revert to the previous storage use. 20. Conditions are necessary to set limits on the approved activities to safeguard the living conditions of nearby occupiers. These should include days and hours of operation and to ensure that all bodywork activity takes place only within the building as proposed. Details of the spray booth and filtration system and noise mitigation measures should be subject to approval by conditions to ensure their adequacy. Finally, a landscape condition is needed to enhance the appearance of the site bearing in mind the rural character of the area. Conclusion 21.

The Hayloft, Water Lane, Albury, GU5 9BD — Guildford Borough Council — Appeal Decision The proposal, subject to suitable planning conditions would not be detrimental to the rural character of the area or to the living conditions of occupiers of nearby dwellings in relation to noise, fumes, disturbance or vehicle movements. For the reasons given appeal should be allowed.

The Hayloft, Water Lane, Albury, GU5 9BD — Guildford Borough Council — Rory MacLeod INSPECTOR Schedule of Conditions 1) The development hereby permitted shall be carried out in accordance with the following approved plans: 'block plan' received 30 June 2020, 'existing elevations and floor plans', 'front and rear elevations', and 'current floor plan' received on 13 July 2020. https://www.gov.uk/planning-inspectorate 4

The Hayloft, Water Lane, Albury, GU5 9BD — Guildford Borough Council — Rory MacLeod INSPECTOR Schedule of Conditions 1) The development hereby permitted shall be carried out in accordance with the following approved plans: 'block plan' received 30 June 2020, 'existing elevations and floor plans', 'front and rear elevations', and 'current floor plan' received on 13 July 2020. https://www.gov.uk/planning-inspectorate 4

The Hayloft, Water Lane, Albury, GU5 9BD — Guildford Borough Council — Rory MacLeod Appeal Decision APP/Y3615/W/21/3268401 2) The development hereby permitted shall be personal to 355 Automobile Restorations Ltd and shall not take effect for the benefit of the land. When the premises cease to be occupied by 355 Automobile Restorations Ltd the use hereby permitted shall cease, the premises shall revert to its former lawful storage use and all materials and equipment brought on to the premises in connection with the use shall be removed. 3) Any operations that create audible noise at the curtilage of the nearest residential premises shall only be carried out between the hours of 08:00 and 18:00 hours Monday to Friday and from 10.00 – 13:00 hours on Saturday and at no time on Sundays and Bank Holidays or Public Holidays. Deliveries to the site and operation of commercial vehicles on site shall only occur during the above stated hours. 4) No works of repair or restoration shall be undertaken except within the building with external doors shut. The yard area edged blue on the application block plan shall only be used for the parking of staff and customer cars, and to provide immediate access to the building.

The Hayloft, Water Lane, Albury, GU5 9BD — Guildford Borough Council — Rory MacLeod 5) All paint spraying activities shall be carried out in a fully enclosed booth with a filtration system designed to mitigate emissions before discharge into the atmosphere. Details of the spray booth and filtration system to demonstrate the adequacy of the installation to control solvent odour shall be submitted to the local planning authority in writing within two months of the date of the permission. The equipment installed shall be operated as approved and thereafter maintained in full working order in accordance with the manufacturer’s instructions for the duration of the proposed use. 6) Within one month of the date of this permission the operator shall submit to the local planning authority for approval a Noise Management Plan prepared by a suitably qualified acoustic specialist. This shall: a) Identify all activities associated with this permission likely to generate noise audible beyond the premise’s boundary including deliveries, restoration works and noise from any air handling plant, fixed mechanical, electrical or hydraulic equipment.

The Hayloft, Water Lane, Albury, GU5 9BD — Guildford Borough Council — Rory MacLeod b) Propose mitigation measures, including sound insulation to the building, to reduce the noise from the activities identified so that noise from the operations shall not exceed the existing background noise level (LA90) at any time. At no time shall there be any tonal or acoustic features of the operating machinery that will increase the existing residual noise level so as to be clearly audible at the boundary of any nearby noise sensitive premises. c) Propose a regular maintenance programme to ensure operational plant does not increase noise output due to mechanical wear or defect that will result in any unit failing to meet approved noise criteria. The operator shall implement approved mitigation measures within two months of their approval. Any changes to the mitigation scheme shall not be carried out without prior approval from the local planning authority. 7) Within one month of the date of this permission a plan to enhance the site’s appearance near to its entrance including native shrub planting shall be submitted to the local planning authority for approval. The approved plan shall be implemented within two months of its agreement. https://www.gov.uk/planning-inspectorate 5