Answering your questions
"What is proposed for the Torrington Lodge car park site?"
National retailer, Marks & Spencer would like to bring its high-quality food offering to this site in Claygate. Alongside this, eight new council-owned flats will be built for local needs in a time of housing crisis, and 40 car parking spaces free for up to 90 minutes including two fast-charge electric vehicle (EV) points will be provided for use.
"Why is this being considered?"
We have a Vision for a thriving Elmbridge, and it is therefore vital that our high streets and villages are community hubs that support retail and commerce and provide socialising experiences.
When we considered that Vision alongside the fact that Torrington Lodge car park is an underperforming asset, we chose to invest in a positive, beneficial project that would bring value to the Claygate community and to Elmbridge Borough Council. Crucially, this development will also allow us to provide much needed additional housing and retain parking on the site.
What’s more, the completed scheme will still be owned by Elmbridge Borough Council and provide a positive return to the council to be reinvested into the borough.
"Why did the Council not tender the site for different options?"
This is a development funding arrangement and not a works contract under the Public Contracts Regulations 2015. Therefore, the requirements of the Public Contracts Regulations do not apply to this transaction.
The proposal submitted was fully assessed both financially and legally.
“How can the Planning Committee consider a planning application impartially when this is being promoted by the Council as landowner?”
The planning application will not be made by the Council, but even so, as this is Council owned land the application will be decided by the Planning Committee.
The Council’s Member’s Planning Code of Good Practice in the Constitution sets out how the Council considers its own applications.
Addressing your concerns
"We have seen reference to EBC contributing £7.5M to the proposed development"
This is the budget allocation for the development which was approved by Council in December 2022 and was included in the capital programme part of Elmbridge Borough Council’s 2023/24 budget, approved by Council in February 2023. This is not specific amount funded under the Development Funding Agreement, that amount is subject to commercial sensitivities, but represents the overall budget set aside.
“An M&S store is not wanted in Claygate.”
A new M&S Food Hall in the heart of Claygate Village will improve the retail offering of the local area, with a full food range and click and collect facility. This will provide additional choice to residents and a revenue stream into the future, and will also help to draw footfall to the shops on Hare Lane and The Parade.
“There won’t be enough parking spaces in Claygate.”
The development will include 40 parking spaces free for up to 90 minutes for M&S customers, which will help to encourage trips to our existing shops. This will also include two fast-charge charging points for electric vehicles.
“The new M&S store will bring unwanted traffic to Claygate.”
With improved pedestrian access to Hare Lane, The Parade and a new rear pedestrian access, the development will encourage more customers to walk and thus reduce the need for car use in the area. As part of the planning application the developer will need to submit a transport assessment demonstrating the impact of the new store on the road network for consideration. Residents will be able to review and comment on this document during the application process.
“Small independent shops in Claygate will lose trade and this will ultimately lead to empty shops.”
The M&S will attract more visitors to Claygate, which in turn will encourage trips to existing shops, helping to provide a boost to the local economy and the survival of local businesses.
“The design of the new M&S will change the unique character of Claygate and be detrimental to local residents.”
The developer will still need to seek planning permission, which as always, will be subject to consultation with residents and statutory consultees like the highways team at Surrey County Council. The developer will need to submit a design and access statement as part of the planning application which will analyse the design and impact of the proposal on the surrounding area.
“This is a ‘done deal’ with no option for residents to give their views.”
The developer still must seek planning permission, which as always, will be subject to consultation with residents and statutory consultees, like the Highways team at Surrey County Council. As part of the application, we will seek their views on the impact to the community and local infrastructure for consideration against our adopted planning policies.
The developer has also launched an engagement website providing a forum for residents to provide their views on the proposed development.
The Development Funding Agreement with Kilo is conditional on planning permission being obtained.
“The land will be lost as a public asset.”
The completed scheme will be owned by Elmbridge Borough Council and provide a positive return to the council to be reinvested into the borough.
“This development is not supported by the Local Plan.”
The draft Local Plan supports mixed use development which contributes to increasing footfall and vibrancy in our towns and village centres. In particular policy ECO 3 encourages development opportunities for retail and other town centre uses where they are able to maintain and enhance the overall health, vitality and offer of a centre.
The Land Availability Assessment (LAA) is a living document that is updated annually. The identification of land with potential for development in the Land Availability Assessment does not imply that the council will grant planning permission for the development or that the site will be allocated through the Local Plan. It is a snapshot in time to test the deliverability of adopted or draft planning policies. The fact that the LAA assessment for Torrington Lodge car park does not include retail does not preclude it from coming forward for retail. The important element of the LAA assessment is the inclusion of the land for housing.
“The Cabinet report should be in the public domain.”
At the time of the Cabinet meeting, the report could not be published as it contained “exempt information” under access to information legislation.
The information within the report was exempt because it would affect the financial affairs of the council, the developer and M&S and therefore it was not in the wider public interest to disclose.
This has been reassessed and it remains the position.