1
Planning, Design and Access statement to be read in conjunction with application
at:
Land at (to the north of) Brook Lane House, Peeks Brook Lane, Horley,
Crawley. RH6 9ST
Continuation of the change of use of the existing site for long term airport
parking site for a temporary 3 year period including layout plan details
showing access and turning arrangements, parking areas, ancillary buildings
and landscape areas, including the relocation of the vehicular access gate;
revised
application
further
to
allowed
appeal
decisions
ref:
APP/Q3820/C/13/2211146 and APP/Q3820/A/13/2207946.
Introduction:
The application seeks to establish permission for the continuation of the change of
use of the existing site (including a small extended area to the north) for long term
airport parking site for a temporary 3 year period.
The site lies to the north of Brook Lane House to the east of Peeks Brook Lane and
to the south of the M23 Gatwick bypass / service road and roundabout. The site to
which this application relates lies wholly within the Gatwick Safeguarding area
delineated on Crawley Borough Council’s LDF Proposals Map, being land which
Gatwick Airport Limited (GAL) anticipates would be required for airport development
in the event of permission being granted for a second runway at the airport. This
application is accordingly one covered by Policy G2 in the LDF Core Strategy.
The proposed development lies within a rural area at the convergence point of
Crawley, Reigate and Banstead and Tandridge Councils which has markedly
changed in character over the last 20 years. Within this period: To the north
permissions have been granted at Ellerton, Peeks Brook Lane for a large
commercial storage yard and to the north of that at 2 Perrylands (a continuation of
Peeks Brook Lane), Smallfield permissions have been granted for a large scale soil
processing facility on the site of a former vehicle scrap yard. To the immediate south
of Brook Lane House is a large area of redundant commercial greenhouses and
ongoing commercial activity; further to the south lies Gatwick House which is
authorised for a variety of business and commercial uses and Jupps commercial
yard; finally an application for a gypsy site is also pending to the south at Pulcotts
Farm. The immediate area is also used for a variety of other commercial uses
including Elliot Metals and a Travelling showmans yard winter quarters along Fernhill
Road.
The site application site maintains a mature native hedge and fencing to screen with
Peeks Brook Lane; the site is not visible from any other public vantage points.
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Design and Development Objectives
The proposed development has been designed to comply with applicable planning
policies.
Good quality design principles with layout, scale, form and appearance, maintaining
the openness of the countryside and absorbing the development in the landscape.
Site lies wholly within the Gatwick Safeguarding area delineated on Crawley
Borough Council’s LDF Proposals Map, being land which Gatwick Airport Limited
(GAL) anticipates would be required for airport development in the event of
permission being granted for a second runway at the airport. The site is flat and
secluded from public vantage points.
Above - Aerial photo: Land at (to the north of) Brook Lane House,
Peeks Brook Lane circled red
Below – Proposed Site layout plan
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Planning History
APP/Q3820/C/13/2211146 and APP/Q3820/A/13/2207946
Continuation of the change of use of the existing site for long term airport parking
site
APPEAL ALLOWED: 24 March 2015. Temporary (3 year) planning permission
granted
Relevant extracts:
Main Issues
2. The Council accept that the use does not conflict with safeguarding policy
regarding Gatwick Airport, or have a detrimental impact on the local highway
network by virtue of traffic generation. Nor did the Council seek to resist the
development on the grounds relating to need or sustainability. The main issue,
therefore, is whether the development is acceptable in a countryside location and its
effect on the character of the countryside.
8. Whilst the site lies within a countryside location it is clear that it was not virgin land
before the current development took place.
13. It is, I consider, important to support the Councils’ countryside policies but in this
case I am mindful that, because of the site history, compliance with the current
enforcement notice’s requirements would not necessarily result in the land being
able to make as much contribution to its countryside location as it might, should it
not in future be required for the expansion of Gatwick Airport. I also understand that,
were the site to be required by Gatwick Airport, its proposed use is for car parking.
14. The grant of a temporary planning permission would involve minimal further
development and all these factors, considered together, lend weight to the grant of a
temporary permission, with conditions to ensure that both the Council and the
appellant have certainty as to the condition to which the land would be returned at
the end of that permission. This would allow a decision to be made in relation to
Gatwick Airport and, were the site not required, allow the land to be returned to aan
greed condition.
15. I shall, however, limit the permission to three years, as offered in the grounds of
appeal regarding the section 78 appeal, amending the description of the
development to reflect this. This is consistent with the permission granted in the
Crawley appeal decisions to which the appellant refers, and seems appropriate
given the uncertain position regarding the future of the site.
A copy of the full appeal decision is included with the application.
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Legal background to proposed use
Extracts from Development Control Practice Manual
Airport/seaport parking
20.511
1
Airport/seaport parking involves the 24 hour delivery and collection of vehicles belonging to
travellers abroad, and often the plying back and forward of courtesy coaches. In the Court of
Appeal case Crawley B.C. V Hickmet Ltd 10/7/97 a local authority had sought an injunction
restraining an airport parking company from using land possessing use rights for commercial
storage. The High Court refused to grant an injunction but the Court of Appeal felt that the
concepts of parking and storage were mutually exclusive. The use of the land was for car
parking in connection with Gatwick Airport and not the storage of cars. The Order was
allowed. It was accepted in accordance with Crawley BC v Hickmet Ltd that use of the site
for car parking was materially different from vehicle storage. In assessing the planning
merits, the fall-back position was determining since by granting permission it allowed the
opportunity of better controlling the nature of the car parking. Although the land was
allocated for housing, a temporary five-year permission would not prejudice local plan
objectives.
It is also wholly relevant to this application that a similar pragmatic decisions were reached
regarding airport car parking in the recent allowed appeal decisions.
APP/D3830/C/11/2153589 - Land at Acacia Grove, Copthorne Road, Copthorne,
Crawley RH10 3PD. Within the appeal decision the Inspector stated,
6. The off-airport parking for Gatwick Airport operates on a meet and greet
basis, whereby customers are met at the airport and the company’s staff
transfer their vehicles to and from the appeal site. Whilst I accept the desirability
of achieving increased use of public transport to access the airport and recognise
that additional on-airport parking is being provided I consider that there will
be a continuing need, particularly in the short and medium-term, for offairport parking. The appeal site lies some 7.2km from the South Terminal and
in my experience this is a relatively short distance for an off-airport car park
(whether operated as meet and greet or by use of shuttle transport).
Consequently, having regard also to the relatively modest scale of the operation
at the appeal site and recognising that this could be controlled by restricting the
parking to the particular area shown on the appellant’s plan, I do not consider
there would be a conflict with policy T9. Nor, because of the relatively short trips
involved, is there a compelling objection on sustainability grounds.
8. In terms of the visual effect of cars associated with the off-airport parking
business I appreciate that it is usual practice to park vehicles bumper to bumper
in order to shoe-horn as many as possible into the available space. This
contrasts with normal operational parking where manoeuvring and turning space
has to be maintained. Consequently there is a difference in the character of the
two uses. But this is an established commercial and industrial site which already
has a visual impact on its surroundings by virtue of the nature and scale of the
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existing development. The introduction of off-airport parking would alter the
appearance of part of the site to some extent but the parked cars would not be
out of keeping with the existing character and appearance of the site itself or its
relationship with the surrounding area.
10. I have taken into account all other matters raised. Having seen the
submitted figures for traffic movements and bearing in mind firstly that the scale
of off-airport parking would be constrained by the area of land available and,
secondly, that permissions exist for other uses that would generate significant
levels of vehicular activity I can see no objection on traffic or highway safety
grounds.
Appeal A: APP/Q3820/C/12/2171971 - Land adjacent to BT Building and railway line,
City Place, Crawley.
Appeal B: APP/Q3820/C/12/2171972 - Land adjacent to 1 City Place, Crawley.
Justifiable need and Sustainability
19. LP Policy GAT8 permits new airport related car parking on off-airport sites where there is
no conflict with countryside policies and can be justified by a demonstrable need in the
context of proposals for achieving a more sustainable approach to surface transport to the
airport. In these appeals there is no conflict with countryside policies.
20. LP Policy GAT5 encourages proposals which enable existing and future surface
transport access demands to be managed in a sustainable manner.
21. The thrust of these policies is to increase the modal split of surface transport access
towards public transport and away from the car, a target of 40% of passengers arriving by
public transport being set in the Airport Surface Access Strategy.
22. Nevertheless the Council recognises that car parking spaces need to be provided for
those passengers for whom public transport is not an option, and that long-term parking
provision will need to be increased to meet the significant rise in predicted passenger
numbers by 2020. The Car Parking Strategy 2009 identified that such increase could be met
by providing sites within the airport.
23. However the Council states the annual parking survey indicates that the existing longterm sites, both within and outside the airport boundary, are not fully occupied. While this
may be so, there are many reasons for airport visitors choosing a particular car park,
including, price, type of parking offered (eg self-drive, meet-and-greet, open air, covered
multi-storey), proximity and ease of access to terminal, ease of access from their point of
origin, security, and reliability of the parking operator.
24. Although full occupation of the existing car parks cannot be guaranteed, and thus there
is some spare capacity to cater for future needs, this does not mean that all proposals for
new car parking should necessarily be refused. The Gatwick Master Plan Draft for
Consultation 2011 (some two years after the Car Parking Strategy) identifies that attractive
long-term parking is shown to be successful in reducing the proportion of passengers being
dropped off, thereby reducing the volume of road trips to and from the airport.
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25. While it is preferable that car parking should be on-airport to avoid large areas of land
being used for this purpose elsewhere, and to limit traffic between the car parks and the
terminals to airport roads, thus reducing traffic on public roads, the appeal sites are located
just outside the airport boundary on land that will be incorporated within it should the second
runway be progressed.
27. At distances of 3.7 km and 5.1 km from the North and South Terminals respectively they
are closer to the airport buildings than many of the authorised car parks that have been
brought to my attention. Access is also via the A23 dual carriageway road and not by minor
local roads.
28. While it is likely to take some time for the additional spaces required to be
provided on-airport, the temporary use of the appeal sites for this purpose reduces
the number of passengers being dropped off. I therefore conclude that the
developments fulfil the need for achieving a more sustainable approach to surface
transport to the airport in accordance with the Gatwick Master Plan Draft for
Consultation 2011, and are not in conflict with LP Policies GAT5 and GAT8.
Above - Views across existing car park
Use, Scale, Layout and Appearance
The scale of off-airport parking would be constrained by the area of land available. A
temporary permission is again sought on the basis that a decision on the future
expansion of Gatwick Airport is still unknown.
The site consists of a large expanse of permeable hardstanding set that has been
consolidated by the levelling of the previous motorcycle scrambling course. Details of
the ancillary buildings 2 x portacabins (1 to provide an administrative function for the
business the other providing toilet facilities) together with a lean to shelter are
included with the application.
The site boundaries consist of 2m high timber fencing panels, native hedging and a
planting buffer strip. Within the site the appearance will be orderly and businesslike.
To accord with Park Mark criteria for the safe parking of cars and allowing for
manoeuvring and space between cars the site has a capacity to park c.250 cars. The
orientation of the parking within the yard has been designed with visual amenity,
security and practicality in mind.
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Policy considerations: (underlining added for emphasis)
Core Strategy Policy
EN5 All new development should be based on a thorough understanding of the context,
significance and distinctiveness of its site and surroundings and be of high quality in terms of
its urban landscape and architectural design and materials.
EN4 Landscape proposals should be an integral part of all new development schemes.
Schemes must demonstrate how existing landscape assets, nature conservation assets,
including historic landscape features, and rights of way have been integrated, protected
and enhanced and opportunities taken to introduce new landscape, biodiversity and
recreational assets.
G2 The Proposals Map identifies land which will be safeguarded from development which
would be incompatible with expansion of the airport to accommodate the construction of an
additional wide-spaced runway (if required by national policy) together with a commensurate
increase in facilities contributing to the safe and efficient operation of the expanded airport in
accordance with advice in PPG13 (Annex B).
Minor development within this area, such as changes of use, and small-scale building works,
such as residential extensions will normally be acceptable. BAA Gatwick will be consulted
on all planning applications within the safeguarded area.
The Government White issued an Article 14 Direction in March 1999 preventing the Council
from granting planning permission for the North East sector without his authority and the
eventual White Paper, issued in December 2003, retained the option of developing a second
(wide-spaced) runway at Gatwick to be exercised after 2019 if it proves impossible to pursue
the nationally-preferred option of a third runway at Heathrow. A final decision whether or not
a second runway will be needed at Gatwick may be several years away.
Local Plan policy
Policy GD1
Planning permission will not be granted for development unless it is of satisfactory standard
of design and layout which:
(i) is appropriate to the location, site and premises in terms of scale, form, density, height,
massing, orientation, views, character, appearance, materials and spaces around and
between buildings;
(ii) does not cause unreasonable harm to the amenities and environment of its surroundings
by reason of: overlooking, dominance or overshadowing; traffic generation and general
activity; creation of pollution, hazards or nuisance; or any other adverse environmental
impact;
(iii) safeguards any attractive or important natural or built features of the site which make a
positive contribution to the character of the locality including existing trees, hedges, walls,
fences and buildings;
(iv) provides a satisfactory environment for those who will occupy, use or visit the
development;
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(v) has regard to any design, planning or development guidance approved and published by
the local planning authority.
Policy GD2
Planning permission will not be granted for a development if it does not relate
sympathetically to its surroundings and does not respect the particular character, quality and
special features of its setting including:
(i) townscape features such as street patterns, frontage lines and landmark buildings and
trees;
(ii) the roofscape of the locality and the town as a whole;
(iii) public views and vistas.
Policy GD3
All development will be required to meet the requirements necessary for the safe and proper
use of a site or building, in particular those for:
(i) access to and from the development and, where appropriate, circulation and manoeuvring
on site;
(ii) car, lorry and cycle parking;
(iii) loading and unloading delivery vehicles;
(iv) recycling, storing and collecting refuse and waste materials;
(v) ensuring adequate access for the emergency services.
Policy GD4
Planning permission will not be granted for development which unduly restricts the
development potential of adjoining land or which prejudices the proper planning and phasing
of development over a wider area.
Policy GD5
Development, will be required to incorporate as part of its overall design and layout ,
appropriate landscaping. Landscaping proposals should:
(i) respect the character of the surrounding area, especially any adjacent landscape areas;
(ii) retain as many existing trees, habitats and features as possible;
(iii) provide two broadleaf native trees for each one lost;
(iv) provide a landscaped buffer zone where a development is at the edge of the built-up
area or adjacent to a sensitive development or use.
Policy GD8
All development will be required to be designed and laid-out to provide environments which
prevent or deter crime, vandalism and anti-social behaviour.
Policy GAT 3
All proposals for development at Gatwick Airport will be required to include measures to limit
or avoid any adverse environmental impact it may have upon the surrounding area. The
Borough Council will take into account whether such measures can also address any
existing problems or reduce the overall environmental impact of the airport and its use.
Policy GAT 5
Proposals which enable the existing and future surface transport access demands of the
airport and its business to be managed in a sustainable manner, will normally be permitted
provided that there is no serious conflict with other planning policies for the area.
Encouragement will be given to improvements to the infrastructure and facilities which will
enable staff, passengers and visitors to gain access to the airport by public transport, cycling
and on foot.
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Policy GAT 8
The Borough Council will only permit proposals for new airport related car parking on offairport sites where they do not conflict with countryside policies and can be justified by a
demonstrable need in the context of proposals for achieving a more sustainable approach to
surface transport access to the airport.
At the present time agreement has not been reached on modal split targets or the necessary surface
transport access strategy. However, the Borough Council considers that the proportion of passengers
travelling to and from the airport by car must be significantly reduced if the growth of business at the
airport is not to have a significant adverse effect upon the surrounding area. The following
calculations illustrate the sort of changes it may be necessary to make in the provision of long term
parking space. In 1993, 20 million passengers passed through Gatwick Airport requiring 32,640 longterm parking spaces. The modal split for that year was in excess of 54% of passengers travelling by
car. Consequently, to cater for peak period demands nearly 33,000 long-term parking spaces were
available.
The growth of business at the airport will lead to a need to provide additional space in line with
past trends, unless there is a significant and progressive switch to other modes of transport. Indeed it
has been estimated that at 35mppa the unrestricted demand for parking space could be in the region
of 50,000 spaces. To provide all this space could require a vast increase in the area devoted to
parking, which could have significant environmental consequences. If new modal split targets are
progressively achieved (i.e. an increasing proportion of passengers travel to and from the airport by
public transport rather than the car), the number of long-term car parking spaces could be reduced to,
say, between 40,000 - 45,000. Although such figures do still imply an increase in the land used
for parking and more especially, an increase in traffic, they are both at more manageable
levels than if the current demand led approach was continued.
National Policy – Underlining added for emphasis to policy extracts.
National Planning Policy Framework
Core planning principles
17. Within the overarching roles that the planning system ought to play, a set of core landuse planning principles should underpin both plan-making and decision-taking. These
principles as they are applicable to the application are that planning should:
●
not simply be about scrutiny, but instead be a creative exercise in finding ways to
enhance and improve the places in which people live their lives;
● proactively drive and support sustainable economic development to deliver the homes,
business and industrial units, infrastructure and thriving local places that the country
needs. Every effort should be made objectively to identify and then meet the housing,
business and other development needs of an area, and respond positively to wider
opportunities for growth;
●
always seek to secure high quality design and a good standard of amenity for all existing
and future occupants of land and buildings;
●
take account of the different roles and character of different areas, promoting the vitality
of our main urban areas, protecting the Green Belts around them, recognising the
intrinsic character and beauty of the countryside and supporting thriving rural
communities within it;
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●
contribute to conserving and enhancing the natural environment and reducing pollution.
Allocations of land for development should prefer land of lesser environmental value,
where consistent with other policies in this Framework.
19. The Government is committed to ensuring that the planning system does everything it
can to support sustainable economic growth. Planning should operate to encourage and
not act as an impediment to sustainable growth. Therefore significant weight should be
placed on the need to support economic growth through the planning system.
21. Investment in business should not be over-burdened by the combined requirements of
planning policy expectations. Planning policies should recognise and seek to address
potential barriers to investment, including a poor environment or any lack of
infrastructure, services or housing. In drawing up Local Plans, local planning authorities
should:
●
set out a clear economic vision and strategy for their area which positively and
proactively encourages sustainable economic growth;
●
support existing business sectors, taking account of whether they are expanding or
contracting and, where possible, identify and plan for new or emerging sectors likely to
locate in their area. Policies should be flexible enough to accommodate needs not
anticipated in the plan and to allow a rapid response to changes in economic
circumstances; and
●
facilitate flexible working practices such as the integration of residential and commercial
uses within the same unit.
Supporting a prosperous rural economy
28
Planning policies should support economic growth in rural areas in order to create jobs
and prosperity by taking a positive approach to sustainable new development. To
promote a strong rural economy, local and neighbourhood plans should:
●
support the sustainable growth and expansion of all types of business and enterprise in
rural areas, both through conversion of existing buildings and well designed new
buildings;
●
promote the development and diversification of agricultural and other land-based rural
businesses
Promoting sustainable transport
29. Transport policies have an important role to play in facilitating sustainable development
but also in contributing to wider sustainability and health objectives. Smarter use of
technologies can reduce the need to travel. The transport system needs to be balanced in
favour of sustainable transport modes, giving people a real choice about how they travel.
However, the Government recognises that different policies and measures will be required
in different communities and opportunities to maximise sustainable transport solutions will
vary from urban to rural areas.
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30. Encouragement should be given to solutions which support reductions in greenhouse
gas emissions and reduce congestion. In preparing Local Plans, local planning authorities
should therefore support a pattern of development which, where reasonable to do so,
facilitates the use of sustainable modes of transport.
31. Local authorities should work with neighbouring authorities and transport providers to
develop strategies for the provision of viable infrastructure necessary to support sustainable
development, including large scale facilities such as rail freight interchanges, roadside
facilities for motorists or transport investment necessary to support strategies for the growth
of ports, airports or other major generators of travel demand in their areas. The primary
function of roadside facilities for motorists should be to support the safety and welfare of the
road user.
32. All developments that generate significant amounts of movement should be supported by
a Transport Statement or Transport Assessment. Plans and decisions should take account
of whether:
● the opportunities for sustainable transport modes have been taken up depending on the
nature and location of the site, to reduce the need for major transport infrastructure;
● safe and suitable access to the site can be achieved for all people; and
● improvements can be undertaken within the transport network that cost effectively limit the
significant impacts of the development. Development should only be prevented or refused on
transport grounds where the residual cumulative impacts of development are severe.
33. When planning for ports, airports and airfields that are not subject to a separate national
policy statement, plans should take account of their growth and role in serving business,
leisure, training and emergency service needs. Plans should take account of this Framework
as well as the principles set out in the relevant national policy statements and the
Government Framework for UK Aviation.
34. Plans and decisions should ensure developments that generate significant movement
are located where the need to travel will be minimised and the use of sustainable transport
modes can be maximised. However this needs to take account of policies set out elsewhere
in this Framework, particularly in rural areas.
36. A key tool to facilitate this will be a Travel Plan. All developments which generate
significant amounts of movement should be required to provide a Travel Plan.
41. Local planning authorities should identify and protect, where there is robust evidence,
sites and routes which could be critical in developing infrastructure to widen transport choice.
Conserving and enhancing the natural environment
109.The planning system should contribute to and enhance the natural and local
environment by:
●
protecting and enhancing valued landscapes, geological conservation interests and
soils;
●
recognising the wider benefits of ecosystem services;
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●
minimising impacts on biodiversity and providing net gains in biodiversity where
possible, contributing to the Government’s commitment to halt the overall decline in
biodiversity, including by establishing coherent ecological networks that are more
resilient to current and future pressures.
Landscaping
The site is dominated by the M23 Gatwick bypass / service road and roundabout to
the north; the site boundaries consist 2m high timber fencing panels, native hedging
and a planting buffer strip. Within the site the appearance will be orderly and
businesslike. The site maintains a mature native hedge and fencing screen with
Peeks Brook Lane; the site is not visible from any other public vantage points.
Native prickly hedge screening (Hawthorn, Blackthorn and Field Maple) is proposed
to continue around the perimeter boundary of the site to improve amenity, security
and ecological value.
Site restoration at end of temporary permission
Within 3 months of the end of the temporary permission the existing road planings
hardstanding would be scrapped up and removed from the site for recycling. The
land would then be planted with a topsoil and wild flower seed mix to enable it to be
returned to paddock land.
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Access and parking
The plan below highlights the route vehicles take to and from the airport. to get to the
airport from the site traffic turns left onto Peeks Brook Lane and then right onto
Fernhill Road and then either right or left onto Balcombe Road depending if the
destination is the north or south terminal.
The associated transport statement submitted with the application confirms the
nature of the vehicular activity which predominately takes place off peak and how the
traffic generated will be compatible with the environmental character of the area and
can be accommodated adequately on the surrounding road network.
The existing parking and turning arrangements will remain unchanged to serve the
proposed development. The existing access gates are proposed to be set back c.8m
into site to enable vehicles to pull fully off road before entering site. The applicant is
willing to undertake this work within 2 months of approval.
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Above - access into gated car park off Peeks Brook Lane; gates are proposed to be
set back c.8m into site to enable vehicles to pull fully off road before entering site.
Below - Visibility splays at Fernhill Road j/w Balcombe Road together with existing
airport parking site opposite junction.
Infrastructure
Adequate services and infrastructure already exist and public resources will not be
required to improve services.
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CONCLUSION
The application suitably takes into account applicable Local plan policies and
National guidance. The proposal is a considered one which:
• follows the pragmatic approach taken in other similar instances where land is
allocated as part of a wider redevelopment thereby assisting in the interim to
meet the long term parking requirements close to Gatwick Airport;
• has been designed with siting, layout, scale, form and appearance
maintaining the openness of the countryside, absorbing the development in
the landscape and through additional native planting enhancing the ecological
value of the site;
• temporarily re-uses previously developed land in accordance with National
government guidance without prejudicing the long term plans for the future
expansion of the airport redevelopment;
• prevents harm to the wider countryside;
• provides employment and business continuity for the applicant's parking
company.
As such the development is consistent with the characteristics of the existing site,
represents sustainable development and any traffic generated can be
accommodated adequately on the surrounding road network.
Thank you in advance of your balanced consideration of the proposed
application. In advance of any decision on the application, please maintain a
dialogue with myself and the applicants if you have any questions, concerns
or matters that require further elaboration.
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