A lengthy planning battle concerning the site to the rear of 48 Petworth Road, near Swan Barn Road, kicked off in 2010 with the creation of an unauthorised access to the site. The access was refused both by Waverley Borough Council and on appeal the following year.
An application to widen the access was refused in 2012 and the owners complied with an enforcement notice served the following year.
Plans to build three houses with an access were withdrawn in 2017 and a revised application for two houses with an access was rejected by Waverley’s southern area planning committee in January 2018, on the grounds that it was a cramped and crowded layout with an “unsafe” access, that it would overlook a neighbouring property and would have a harmful impact on adjoining ancient woodland.
Surrey County Council Highways disputed the committee’s concerns about the proposed access, however, saying the provision of ‘an improved access arrangement, delivering the 2.4m x 43m visibility splays to the nearside kerb, would deliver a significant improvement in highway safety on this stretch of Petworth Road, compared to the existing situation’.
Highways also advised that it was not for the planning system to seek to prevent development on the basis of existing unlawful behaviour as that was a ‘strictly separate enforcement issue’.
Passing judgement on January 14, appeal inspector David Cramond allowed the appeal, concluding the proposal would not have unacceptable adverse effects on the character and appearance of the area, or the living conditions for neighbours, or the well-being of the adjoining wooded area.
The proposal is for two two-storey five-bedroom houses extending to about 18m wide and 16.2m deep. They both feature a partially hipped and gable roof design with ridge height of around 7.6m.
The scheme also includes two sizeable detached garages and two gardens, with the one on the woodland sides having a 15m wildlife buffer zone.
The design is decribed as an arts and crafts architectural style, reflective of the surrounding Surrey Vernacular. The inspector noted the crown roofs can ‘in certain instances lead to excessive bulkiness’, but considered that would not be a negative factor and thought the overall size of the homes was ‘along the lines one would expect to find locally and not of itself excessive’.
Mr Cramond ruled the houses ‘would not be strident in the streetscene due to their set-back positioning’ and considered the works to the frontage along Petworth Road would be ‘appropriate and sympathetic’.
He noted the existing access would be closed and the nak re-instated with appropriate planting and contouring and believed the planned access arrangement would not be out of character with others locally or the wider streetscene.
The inspector did not share Waverley’s concern that a neighbouring property in Swan Barn Road would be impacted, saying the separation between the properties was reasonable in his view, and that any light disturbance would be minimal and there would be limited traffic movements down the accesss road.
Responding to ancient woodland concerns, Mr Cramond stated: ‘The council’s decision notice explains that the concern over this matter arises from the absence of a completed legal agreement. It makes the point that the proposed development would create a residential use adjacent to designated Ancient Woodland, subject of a Tree Preservation Order. This would be likely to lead to future pressures that may result in a deterioration of the valuable landscape resource, which would be detrimental to biodiversity and the visual amenity and character of the area. I would agree with the appellants that harm to the woodland would not be an over-riding concern with this legal undertaking now in place providing the necessary safeguards.”






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