Update: Clouds Hill Farm Application due to be decided soon

In our January update following the submittal of our arguments we reported that a decision was imminent, however the date for determination has gone back as both the applicant and ourselves have submitted further information for consideration.

In particular we have worked closely with FEDORA and their independent expert to challenge assertions made by Surrey Highways (CHA) re site sustainability that has led to a critical report of the CHA submission to Elmbridge (EBC). 

FEDORA and their independent expert, with continuing support from Surrey Cllr. Andy Burton, met the team that produced the CHA report to discuss concerns. The meeting was constructive; FEDORA and Surrey Cllr. Andy Burton left the meeting with the understanding that all material criticisms relating to matters of fact were agreed, although the CHA has subsequently written further comments so discussions continue.

Linked to this there has been ongoing discussions with EBC about their legal responsibilities given the CHA has declined FEDORA’s request to withdraw the report. It is commonplace to talk of EBC relying on the work of the CHA (and indeed other statutory consultees) but this does not reflect the legal requirements. EBC must assess all evidence before relying on it. Our and FEDORA’s contention to Elmbridge planning officers and councillors, supported by FEDORA’s independent expert and Cllr Burton, is that in the light of the agreed errors material aspects of the CHA report cannot be relied on. Indeed, if EBC were to fail to assess all the evidence correctly, then they lay themselves open to legal challenge.

A key issue is the “sustainability” of the Development’s location, and a key test is the ability to use non-vehicular travel from the site to Oxshott railway station. Although not stated in their report, the CHA accept that cycling is not a viable option for safety reasons given that 17,000 - 20,000 vehicles use the A244 every day and that the distance from the centre of the proposed development to the station is 2.3 / 2.4 km. CHA contend that walking would be unpleasant but acceptable. Our view is that this is not a reasonable judgement and is not supported by relevant guidance.

The development application will be decided at a meeting of the full Elmbridge Planning Committee. Members of the public may attend to observe but not speak. We do not yet have a date but expect it will be soon. Once it is known we will let you know, should you wish to attend to hear the discussion and observe what councillors decide.