Clarification on ownership and access rights to Hersham Car Park and New Berry Lane
As part of the local debate on the planning application for Hersham Shopping Centre (2024/0498), the rights to both Hersham Car Park and New Berry Lane have been raised as the planning application includes both within its proposed development scheme.
We have reviewed the land in Elmbridge Borough Council’s (EBC) ownership over Hersham Car Park and New Berry Lane and in the interests of full transparency and collaboration we are making this information available for all.
We continue to assert that we will not be engaging with the developer on the matter of Hersham Car Park and New Berry Lane unless planning consent is secured.
The report attached highlights the registered rights and permission granted over Hersham Car Park and New Berry Lane only. You will also see associated maps.
The following information is important:
- It is correct that planning applications can be made (as has happened in this case), in respect of land that is not owned by the applicant. The rights identified in this report would not prevent the developer from implementing this planning permission if it was granted.
- The same planning application suggests that their proposed scheme includes work on EBC’s land. For example, landscaping at Hersham Car Park and vehicular and pedestrian access via New Berry Lane. Nothing legally prevents this from being included in a planning application.
- If the developer’s scheme was approved by EBC as the local planning authority, this does not mean that EBC as landowner consents to it. EBC has the right to manage its land independently and is at liberty to grant or deny persons (subject to any legal or prescriptive/implied rights) using EBC-owned land to access their own.
Although New Berry Lane is not a publicly maintained highway, the developer could argue that there is a public right of access over this road and similarly over Hersham Car Park. The developer could use arguments that there are prescriptive rights (rights acquired over time) for the public to use New Berry Lane and that their site can benefit from access via New Berry Lane because of these rights.
However, EBC as landowner is still free to negotiate an easement (the right of one landowner to make use of another nearby piece of land for the benefit of his own land) with the developer to access their development via New Berry Lane or Hersham Car Park and seek consideration.
- Regarding the proposed landscaping at Hersham Car Park, EBC could refuse for these works to be undertaken. If EBC was minded to permit these works, a suitable licence for access to carry out works would be required and an agreement drawn up as to who would be responsible for maintaining the landscaping in the future.
We have shared this report with ward Councillors and representatives of the ‘Save Hersham Centre’ and we hope this information clarifies the current position related to New Berry Lane and Hersham Car Park.
We look forward to the upcoming Shaping Hersham engagement starting 23 September.
Shaping Hersham engagement to start 23 September 2024
We said we would engage and support Hersham residents in shaping their community and we remain committed to helping Hersham to thrive.
To that end, the Shaping Hersham engagement will begin on 23 September until 20 October.
We appreciate this is a delay but on further consideration and in consultation with Ward Councillors, we feel these revised dates provide a clearer space for meaningful community engagement in Hersham.
Starting on 23 September and running until 20 October, this engagement will provide the opportunity for us to:
- hear your views, what you love about Hersham, what needs improving.
- guide how we work with you on the future priorities for Hersham
- help support and enable Hersham to thrive
We will ask about potential development sites including Hersham Technology Park, but we will also ask you about aspects of Hersham that you value.
There will be an online questionnaire to capture your views, printed copies will also be made available on request. We will have information on our website, social media channels, emails will be sent out, businesses and local stakeholders contacted, there will be posters and flyers plus drop-in sessions where you can speak to us face-to-face. We are committed to providing the opportunity for everyone's voices to be heard and valued.
In early September we will confirm the dates for the drop-ins and provide more details on how you can access the survey and information. Thank you for your understanding and patience as we work towards shaping Hersham together.
15 May: Shopping Centre planning application update
The Planning Committee date for the Hersham Green Shopping Centre planning applications will now be moved from the original date in June.
In reviewing the documents and evidence submitted by the developer, the Planning Team at Elmbridge Borough Council needs further information from the developer and current tenants such as Waitrose & Partners, in order to bring this application to the Planning Committee.
We are aware of the strength of feeling in Hersham around this planning application and appreciate the delay may be disappointing, but the Planning Team needs this further information in order to progress.
A new date will be announced when we have assessed the additional information required.
This timing change will not impact the Shaping Hersham engagement which is currently being planned for late June and July.
7 May: Correspondence with Dominic Raab MP
27 March: Consultation date extended
The consultation date on the planning application for Hersham Green Shopping Centre has now been extended to Friday 26 April.
Due to a technical error, the planning system initially had the date of 17 May as the deadline for consultation. This error has now been corrected to Friday 26 April.
25 March: Hersham Green Shopping Centre application now live
The reference no. is 2024/0498 and is for:
Hybrid planning application for the redevelopment of Hersham Shopping Centre involving:
- Outline application (with all matters reserved) for the redevelopment of existing shopping centre car park to provide residential accommodation (Use Classes C2/C3), hard and soft landscaping, provision of new pedestrian access from Burwood Road and New Berry Lane and new vehicle access from New Berry Lane, provision of cycle and car parking and associated works.
- Full application for part demolition and refurbishment of existing shopping centre including provision of public toilets, car and cycle parking, hard and soft landscaping and other associated works..
22 March: New Berry Lane car park
We have written to the developer, Quadrant Repurpose, to clarify that they should "not advise or imply…that terms have been agreed with the council for a sale or long lease of the New Berry Lane car park to facilitate your proposals for the Hersham Shopping Centre."
We have been clear with the developer that we will not be engaging on this matter unless planning consent is secured.
20 March: Shaping Hersham - summer engagement agreed
We know our residents are passionate about their community. That is what makes Elmbridge such a great place to live. The green spaces, parks, high streets, schools, roads, new homes all matter to our residents. They also matter to us.
Our Vision for a sustainable, thriving Elmbridge driven by the power of our community, is at heart of everything we do.
In Hersham we have a village community passionate and protective of their green spaces, parks, riverside, shops and of the people within the community. They are determined for Hersham to retain its character, for residents to support each other and for their community spirit to thrive.
At the moment, Hersham community passion is being focussed on various proposed and possible developments in the Village.
But we would like to expand the conversation and we would like to commit the following to Hersham residents and businesses:
- Engaging – we want to hear from you on your community. What you love about Hersham, what needs improving and the value placed on parks and green spaces for example.
- Collaborating – we want to work with you on the future priorities for Hersham
- Supporting – we want to support and enable your community to thrive in Elmbridge.
With that in mind, a report has been approved by the Portfolio Holder for Planning, Enterprise and Local Economy, Cllr Robin Stephens on 20 March, that we come to the Hersham community this summer, to engage, discuss and gather thoughts, hopes and concerns for Hersham now and in the future.
We will ask about development sites including Hersham Technology Park, but we will also ask you about aspects of Hersham that you value.
In the next few months, we will outline the details of the engagement and we look forward to hearing from you and working with you. We want to make sure that the best interests of both Hersham and Elmbridge are served
14 March: Planning application live: Hersham Golf Course
Redevelopment and change of use of the existing golf course to provide green infrastructure including Suitable Accessible Natural Greenspace (SANG)/Country Park and Biodiversity Site, together with 221 residential dwellings (Use Class C3), GP Surgery/Medical Centre (Use Class E(e)), Café (Use Class E(b)), associated infrastructure (sub-stations, access roads and parking) and landscaping, including a Local Equipped Area for Play (LEAP) following demolition of existing infrastructure, buildings and flood lit driving range.
7 March: Hersham Shopping Centre and New Berry Lane car park
We are aware of information about the potential development of Hersham Shopping Centre and the reference to the council owned New Berry Lane car park in Hersham.
It is correct that Elmbridge Borough Council has been approached by the developer currently interested in Hersham Shopping Centre. These have been purely exploratory discussions on whether we would consider selling or leasing the EBC owned New Berry Lane Car Park to the developer.
We have been clear with the developer that we will not be engaging on this matter unless planning consent is secured. To confirm and to reassure you, no deals have been done.
The planning application submitted for Hersham Shopping Centre has not been validated. The applicant has been made aware.
We will add the application reference and access link to this webpage when it is live and available for comment.
We will aim to determine the application within the statutory 12 weeks, but the timing will depend on whether further information is needed or if an amended plan is submitted by the applicant.
Decision making around New Berry Lane car park
The decision-making process at Elmbridge Borough Council is determined by our Constitution. In this case, the involvement of New Berry Lane car park in any potential development of Hersham Shopping Centre, will be discussed by council officers and Councillors (Hersham Ward Councillors and the Portfolio
Holders for Resources and Planning, Enterprise and Local Economy) only if planning permission is granted. Any decision will be made in full transparency by Elmbridge Cabinet, in consultation with Hersham Ward Councillors who will represent the views of the community.
Updated 26 June 2023
We would like to clarify the relationship between the proposed development at Hersham Shopping Centre and the draft Local Plan.
The owners of the Hersham Shopping Centre have submitted a pre application submission to the planning department for consideration and officers have been working with them on amending the scheme to comply with the Council’s adopted planning policies – the Core Strategy 2011 and the Development Management Plan 2015. This is an important point. The planning application is not a product of the Local Plan, the principle of the redevelopment of the shopping centre and the optimisation of this urban land is already accepted in policy terms by the National Policy Planning Framework and our adopted planning policies.
The planning application on this site is not dependant on the draft Local Plan in any way and given the length of time it will take for the draft Local Plan to be considered at examination and then adopted, it is extremely unlikely that an application on this site will be considered under the new Local Plan. If the developer submits a planning application this year as they have indicated, we would expect determination to be next winter/spring well in advance of the adoption of the Local Plan. As such the Local Plan will hold no weight in the determination of the planning application.
The draft local plan is supported by several evidence base documents. One of these documents is the Land Availability Assessment (LAA), this piece of work is completed and updated annually as a snapshot in time of permitted, commenced and proposed development in the borough.
The LAA has been updated annually to reflect the aspirations of the landowner and their promotion of the site. The changing numbers attributed to the Hersham Shopping Centre are a good example of the evolution of a site. In 2019 the New Berry Car Park (0.11 ha) was included in the LAA with an indicative allocation of 7 homes. In 2021 the site size increased to 0.58ha to include both the New Berry Car Park and the Waitrose Car park and the indicative number rose to 30 homes.
In 2022 following promotion of the entire land ownership of the shopping centre and two car parks the site area grew to 1.55ha. The inclusion of the entire site also opened up new opportunities for redevelopment including basement car parking and relocating uses within the site. This takes the indicative capacity of the site up to 200 homes, but this will be dependent on the type of scheme that comes forward. Any proposed scheme will still need to be assessed to ensure the development does not have a detrimental impact on the centre, its character and appearance or the amenity of its neighbours.
As a result of the pre application discussions and the residents response to the public consultation, the applicant has amended the proposal and they are preparing to undertake another public consultation with residents in mid-July on these proposed changes.
The Head of Planning and Environmental Health is meeting with representatives from the Hersham Resident’s Association to discuss these points.
Regarding the production of the Design Code, this is underway and several engagement events have taken place with residents including Hersham residents. Officers are drafting a final version for full public consultation this autumn. After which the responses will be reviewed and further amendments may be made. The Design Code will then be taken to Cabinet and Council for adoption. Until the document is consulted on and adopted it holds no weight in the determination of planning applications and cannot be applied to this development.
We hope this update helps to reassure residents that the planning application on the Hersham Shopping Centre site is not dependant on the draft Local Plan.
Updated 2 June 2023
We are aware of concerns about the potential redevelopment of Hersham Shopping Centre and thank you for the comments sent in via postcard and email. In the below we would like to respond to the concerns expressed.
Hersham shopping centre development
The owner of the Hersham Shopping Centre has expressed interest in redevelopment and residents will be aware of their previous consultation on these plans. We understand these plans are being revised.
Residents are aware that Hersham Green Shopping Centre and car park have been identified in the draft Local Plan for Elmbridge. However, inclusion in the draft Local Plan does not mean development will happen and any applications will go through the same process as any other application in Elmbridge.
Currently there are no planning application for this site. If a planning application does come forward, Hersham residents will have the opportunity to respond, as they can do with other planning applications.
Why does the draft Local Plan allocate 200 homes to this site?
When considering site capacity, the development potential of each site is estimated based on a range of factors outlined by national planning policy, including the shape and access of the site plus the nature of the area, including its historic context.
This development will negatively impact the roads around me
The draft Local Plan has sustainability at its heart and seeks to place more responsibility with developers to ensure they are creating connections to community facilities, for example, they may need to work with Highways on a zebra crossing to allow access to a play area or they may need to consider cycle path access. The draft Local Plan allows us to consider the needs of our residents first and foremost.
Planned, sustainable and controlled development through the Local Plan, allows us to work with our partners at Surrey County Council and Surrey Highways to always consider the impact of development on roads, as well as other infrastructure elements such as school places and access to medical centres.
It is also clear that our future, not just in Elmbridge but around the country, has to include more sustainable travel including walking and cycling.
I am worried about the character of my area
The draft Local Plan is the implementation tool which will help to protect the character of the borough. It is based on the needs of our borough rather than focussing on targets. Through the design code principles in the Plan, we can ensure housing development in the borough has quality and sustainability, as well as curb appeal.
The Plan allows us to develop our town centres into vibrant hubs designed around the needs of our residents, incorporating retail and entertainment options. For our industrial estates, the Plan shows a vision to make these more appealing for companies and employees, considering the move to more hybrid working practices and the shift away from large and expensive city office development. Through the Plan, we can foster growth in a controlled way.
The Plan also seeks to bring more connectivity to the borough through walking and cycling paths, to allow the school run for example to leave the car at home and instead walk or cycle safely – also improving physical and mental health.
How do I have my say on the plans for Hersham Shopping Centre?
If a planning application does come forward, Hersham residents will have the opportunity to respond, as they can do with other planning applications.
In June 2022, there was a 6-week representation on the draft Local Plan for Elmbridge.
The Elmbridge draft Local Plan is on track to be submitted or examination by the Planning Inspectorate by summer 2023.
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