Agenda and minutes

Planning and Regulatory Committee - Wednesday, 25 September 2024 10.30 am

Venue: Council Chamber, Woodhatch Place, 11 Cockshot Hill, Reigate, Surrey, RH2 8EF

Contact: Joss Butler  Email: joss.butler@surreycc.gov.uk

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40/24

APOLOGIES FOR ABSENCE AND SUBSTITUTIONS

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    To receive any apologies for absence and notices of substitutions under Standing Order 41.

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    Minutes:

    Apologies for absence were received from John Robini and Jonathan Hulley.  

41/24

MINUTES OF THE LAST MEETING pdf icon PDF 212 KB

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    To confirm the minutes of the meeting held on 26 June 2024.

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    Minutes:

    The Minutes were APPROVED as an accurate record of the previous meeting.

42/24

PETITIONS

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    To receive any petitions from members of the public in accordance with Standing Order 84 (please see note 5 below).

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    Minutes:

    There were none.

43/24

PUBLIC QUESTION TIME

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    To answer any questions received from local government electors within Surrey in accordance with Standing Order 85 (please see note 6 below).

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    There were none.

44/24

MEMBERS' QUESTION TIME pdf icon PDF 148 KB

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    To answer any questions received from Members of the Council in accordance with Standing Order 68.

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    Minutes:

    Two Member questions were submitted by Cllr Catherine Powell. The questions and responses were published within a supplementary agenda on 24 September 2024.

     

    In regard to her first question, Cllr Powell thanked the Chairman and officers for the response and asked for clarification on which statutory agency was responsible for identifying and mitigating groundwater flood risk, as well as evaluating surface water flood risks, particularly in areas with hills and valleys. Officers explained that surface water flooding would fall under the responsibility of the Lead Local Flood Authority (LLFA), which would act as a consultee on matters related to surface water, drainage, or the mitigation of surface water flooding issues. Regarding groundwater flooding, officers noted that this would likely fall under the remit of the Environment Agency, the LLFA, and specialist consultees.

     

    In regard to her second question, Cllr Powell acknowledged the comment in the responses about the importance of a system being subject to a robust maintenance regime, as opposed to one that is not maintainable, and requested if this could be discussed offline.

     

45/24

DECLARATIONS OF INTERESTS

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    All Members present are required to declare, at this point in the meeting or as soon as possible thereafter

    (i)            Any disclosable pecuniary interests and / or

    (ii)           Other interests arising under the Code of Conduct in respect of any item(s) of business being considered at this meeting

    NOTES:

    ·         Members are reminded that they must not participate in any item where they have a disclosable pecuniary interest

    ·         As well as an interest of the Member, this includes any interest, of which the Member is aware, that relates to the Member’s spouse or civil partner (or any person with whom the Member is living as a spouse or civil partner)

    ·         Members with a significant personal interest may participate in the discussion and vote on that matter unless that interest could be reasonably regarded as prejudicial.

     

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    Minutes:

    There were none.

46/24

Surrey County Council Proposal RE24/00028/CON - Site of Former Colebrook and Spectrum Noke Day Centres, Noke Drive, Redhill, Surrey RH1 1PT pdf icon PDF 602 KB

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    Outline application for the erection of part 1, 4, 5 and 6 storey building for extra care accommodation, comprising self-contained apartments, staff and communal facilities, and associated parking with access from St Annes Drive and Noke Drive.  Appearance and landscaping reserved.

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    Minutes:

    This item was withdrawn.  

47/24

Surrey County Council Proposal RU.24/0071 - Former Birchlands Care Home, Barley Mow Road, Englefield Green, Egham, TW20 0NP pdf icon PDF 607 KB

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    Outline application for the erection of a part single storey, part 3 storey building (with additional basement) for extra care accommodation, comprising self-contained apartments, staff and communal facilities and associated parking, including new vehicle access from Barley Mow Road. Appearance and landscaping reserved.

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    Minutes:

    Officers:

    Dawn Horton-Baker, Planning Development Team Manager

    James Lehane, Principal Transport Development Planning Officer

     

    Officer introduction:

     

    1. The Planning Officer introduced the report and update sheet, providing Members with a brief overview. Members noted that the outline application was for the erection of a part single-storey, part three-storey building (with an additional basement) for extra care accommodation, comprising self-contained apartments, staff and communal facilities, and associated parking, including a new vehicle access from Barley Mow Road. Appearance and landscaping were reserved matters. Full details were outlined within the published report. Officers highlighted an error within the update sheet, which referred to Condition 47 but should have stated Condition 17.

     

    Speakers:

     

    Carol Bell spoke on behalf of the applicant and made the following points:

     

    1. That the site was one of the programmes for extra care housing projects which the council was delivering to address the critical gaps in provision of affordable housing for older people in need for care and support.
    2. That the programme offered a higher level of care than traditional, sheltered housing because it included personal care, meals, other daily living activities but allowed residents to maintain a high level of independence.
    3. That the site was specifically selected for this use because it meets key sustainability criteria.
    4. That the site was close to the village centre, had good transport links via buses, and could be supported by the local health infrastructure.
    5. That the location reduced reliability on cars for both residents and staff and encouraged people using the facility to socialise and exercise locally.
    6. That the proposal was designed with sustainability in mind.
    7. That vehicle charging would be installed throughout for both cars and mobility scooters.
    8. That the development contributed to the council’s ambitious targets for delivering 725 new affordable homes by 2030. It also aimed to deliver against the net-zero targets and supported the community vision for Surrey to ensure everyone has the health and social care support and information they need, at the right time, and that everyone has a place they can call home with appropriate housing for all.

     

    Members noted that the drainage ditch immediately outside would be maintained. Officers added that details related to access, including drainage, were due to be submitted subject to a full technical approvals process.

     

    In relation to the elevations and external treatment, the Chairman suggested that it would be beneficial to be informed about the materials proposed for use. Officers clarified that, given the site's proximity to the conservation area, planning officers would consult with the council’s heritage team to ensure the materials selected were suitable and in keeping with the surrounding area. The speaker added that they were fully aware of the Runnymede design code and the proximity of the heritage area,

     

    The Local Member, Cllr Marisa Health, was registered to speak but was unable to attend due to an emergency.

     

    Key points raised during the discussion:

     

    1. A Member stated that the situation on the site was positive and that he did not consider it to be controversial.
    2. A  ...  view the full minutes text for item 47/24

48/24

Minerals/Waste Application RE18/02667/CON - Report on outcome of the consideration of this matter by the Supreme Court (Horse Hill Well Site, Horse Hill, Hookwood, Horley, Surrey RH6 0HN) pdf icon PDF 146 KB

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    On 11 September 2019, the Planning and Regulatory Committee approved planning application Ref. RE18/02667/CON for the retention and extension of an existing well site, HH1 and HH2 wells, and vehicular access to allow: the drilling of four new hydrocarbon wells and one water reinjection well; the construction of a process and storage area and tanker loading facility; new boundary fencing; well maintenance workovers and sidetrack drilling; and ancillary development enabling the production of hydrocarbons from six wells, for a period of 25 years at Horse Hill well site, Horse Hill, Hookwood, Horley, Surrey RH6 0HN. The planning permission was issued on 27 September 2019.

     

    A claim for judicial review was subsequently submitted by a Surrey resident on behalf of the Weald Action Group. The claim was considered by the High Court and the Court of Appeal, both of which concluded that the County Council acted lawfully in not considering the downstream carbon emissions from the oil produced at the site.

     

    The resident was then granted permission to take the matter to the Supreme Court where it was heard on 21st and 22nd June 2023. The judgement was handed down on 20th June 2024. The Supreme Court decided, by a majority of 3 to 2, that the County Council acted unlawfully by not considering the indirect, downstream emissions of the oil when burnt.

     

    This report provides the details of the outcome of the decision of the Supreme Court and the implications for the Council.

     

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    Minutes:

    Officers:

    Caroline Smith, Planning Group Manager

     

    Key points raised during the discussion:

     

    1. The officer introduced the item and provided a brief summary. Members noted that, on 11 September 2019, the Planning and Regulatory Committee approved a planning application for the retention and extension of the Horse Hill well site to allow drilling, hydrocarbon production, and related infrastructure. Following this, a judicial review was initiated by a Surrey resident, challenging the County Council's decision not to consider downstream carbon emissions from the oil produced. Both the High Court and Court of Appeal upheld the Council's actions as lawful. However, the officer explained that in June 2024, the Supreme Court ruled, by a majority of three to two, that the Council acted unlawfully by not accounting for the indirect emissions from burning the oil. The officer then provided details of the Supreme Court’s decision and its implications for the Council. Full details were outlined within the published report and update sheet.
    2. A Member expressed that he believed the Council had acted in a satisfactory and straightforward manner in accordance with the law and voiced concerns about the outcome of the Supreme Court ruling.
    3. Officers clarified that the ruling applied solely to the environmental impact assessment. They further explained that, in response to the National Planning Policy Framework consultation, officers had requested additional guidance from the Government, as there remained uncertainty on how to proceed.
    4. Members emphasised the need to schedule a development session for further discussion once additional information and guidance become available, to ensure a clear understanding of the implications of the Supreme Court ruling

     

    Actions / further information to be provided:

     

    None.

     

    Resolved:

     

    The Committee noted the outcome of the claim for judicial review and that the planning permission granted in September 2019 has now been quashed. The application will return to Planning and Regulatory Committee for determination in due course.

49/24

DATE OF NEXT MEETING

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    The next meeting of the Planning & Regulatory Committee will be on 30 October 2024.

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    The date of the next meeting was noted.