Venue: Concorde Room, Council Offices, Farnborough
Contact: Marion Young 01252 398827 Email: marion.young@rushmoor.gov.uk
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Declarations of interest All Members who believe they have a disclosable pecuniary interest in any matter to be considered at the meeting may not participate in any discussion or vote taken on the matter and if the interest is not registered, it must be disclosed to the meeting. In addition, Members are required to leave the meeting while the matter is discussed. Minutes: Cr. A.R. Newell declared a prejudicial interest in respect of planning application 17/00246/FULPP (No. 201 Weybourne Road, Aldershot) in respect of his one-third ownership of a property in the vicinity and, in accordance with the Members’ Code of Conduct, left the meeting during the discussion and voting thereon. |
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To confirm the Minutes of the Meeting held on 26th April, 2017 (copy attached). Minutes: The Minutes of the Meeting held on 26th April, 2017 were approved and signed by the Chairman. |
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Planning applications To consider the Head of Planning’s Report No. PLN1714 on planning applications recently submitted to the Council (copy attached with a copy of the index appended to the agenda). Minutes: RESOLVED: That
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Petition Minutes: RESOLVED: That the petition received in respect of the
following application be noted, as set out in the Head
of Planning’s Report No. PLN1714 (as amended at the meeting):
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Representation by the public Minutes: In accordance with the guidelines for public participation at meetings, the following representations were made to the Committee and were duly considered before a decision was reached:
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Planning application no. 17/00075/FULPP - No. 122 Hawley Lane, Farnborough Minutes: The Committee considered the Head of Planning’s Report No. PLN1714 (as amended at the meeting) regarding the erection of a new storage and distribution warehouse with ancillary offices, entrance gatehouse, parking and landscaping (Use Class B8) following the demolition of all existing buildings on the site at No. 122 Hawley Lane, Farnborough. The Committee was advised that the applicant’s agents had confirmed that they had no objections to the suggested conditions as set out in the Report, with one minor correction to Condition 23, to read “The development hereby permitted shall comprise no more than 16,098 square metres of gross external floorspace unless with the prior written permission of the Local Planning Authority.” The Committee was further advised that the applicant’s agents had also contacted the Council that day to advise that they were encountering significant difficulties engaging with the Environment Agency to seek to resolve their technical objections, which was likely to result in some time delays. As a result, the applicant had requested an extension of time for the Council’s determination of the application until 31st July, 2017. RESOLVED: That, subject to
the Head of Planning, in conjunction with the Chairman, be authorised to grant planning permission subject to the conditions and informatives, as set out in the Head of Planning’s Report No. PLN1714 (as amended at the meeting), but with amended Condition No. 23, as follows:
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Planning application no. 17/00222/COUPP - No. 9 Bridge Road, Farnborough Minutes: Prior to consideration of the Head of Planning’s Report No. PLN17014 (as amended at the meeting), the Committee received representation from Mr. R. Kemp against the planning application. The planning application was for the change of use of the existing café/restaurant (Use Class A3) to include a takeaway (Use Class A5) both of which to be open to customers Monday – Friday 0700 – 2300 hours, Saturday 0700 – 0000 hours and Sundays/Bank Holidays 0800 – 2230 hours, together with an additional window in the side extension at No. 9 Bridge Road, Farnborough. It was noted that, subject to an additional planning condition 8, as set out in the Head of Planning Services Report No. PLN1714 (as amended at the meeting), the recommendation was to grant planning permission. During the debate, it was proposed that the planning condition in respect of the use of the decking to the front of the premises be amended to until 2100 hours. The Committee agreed to the amended planning condition. Members also requested that a parking survey should be undertaken in the area of the premises to ascertain whether there were sufficient parking spaces for the proposed use. An additional informative was also requested to ensure that there was not a litter problem in the vicinity of the premises. RESOLVED: That, subject to no new substantial or material matters being raised as a result of neighbour notification period, the Head of Planning, in consultation with the Chairman, be authorised to grant planning permission, subject to the conditions and informatives as set out in the Head of Planning’s Report No. PLN1714 (as amended). |
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Appointments to Standing Consultation Group To appoint the Chairman or Vice-Chairman and one representative from each of the political groups to the Standing Consultation Group. Minutes: RESOLVED: That the Chairman or the Vice-Chairman and Crs. D.M.T. Bell, Sue Dibble and J.H. Marsh be appointed to the Standing Consultation Group for the 2017/18 Municipal YeaR. |
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Appointments to Development Monitoring Groups (1)
Farnborough
Town Centre – To appoint
the Chairman or Vice-Chairman and the three Empress Ward Councillors to the
Farnborough Town Centre Development Monitoring Group set up by the Committee
during the 2008/09 Municipal Year. (2)
North
Town – Aldershot – To appoint the Chairman or Vice-Chairman and the three North Town Ward
Councillors to the North Town Development Monitoring Group. (3) Wellesley
– Aldershot Urban Extension – To appoint the Chairman or Vice-Chairman and the three Wellington Ward
Councillors to the Wellesley Development Monitoring Group. Minutes: (1) Farnborough Town Centre – RESOLVED: That the Chairman or Vice-Chairman and the three Empress Ward Councillors be appointed to the Farnborough Town Centre Development Monitoring Group for the 2017/18 Municipal Year. (2) North Town, Aldershot – RESOLVED: That the Chairman or Vice-Chairman and the three North Town Ward Councillors be appointed to the North Town Development Monitoring Group for the 2017/18 Municipal Year. (3) Wellesley – Aldershot Urban Extension – RESOLVED: That the Chairman or Vice-Chairman and the three
Wellington Ward Councillors be appointed to the
Wellesley Development Monitoring Group for the 2017/18 Municipal Year. |
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Phase 9, Queensgate, Farnborough To receive the Head of Planning’s Report No. PLN1715 (copy attached). Minutes: The Committee considered the Head of Planning’s Report No. PLN1715, which sought authority to vary the terms of the legal
agreement relating to affordable housing at Phase 9, Queensgate, Farnborough. Members were reminded that, in March 2007,
planning permission 16/00961/FULPP had been granted for the erection of 80
dwellings (27 one-bedroom, 52 two-bedroom and one three-bedroom apartments)
with associated car parking, bin and cycle storage, landscaping and footpath
improvements. This permission had been subject
to a legal agreement which secured: ·
35% affordable housing provision within the site
in accordance with the agreed plan and phasing schedule ·
financial contributions towards open space and
SPA mitigation ·
fitting out and maintenance in perpetuity of the
communal spaces/play area shown on the submitted plans prior to the occupation
of any residential unit ·
allocation and linkage by freehold ownership in
perpetuity of parking spaces to individual dwellings in accordance with an
agreed schedule The planning permission had secured the provision of 28
affordable housing units. Members were advised that the developer had exchanged contracts with
Thames Valley Housing to be the Registered Affordable Housing Provider on this
site. Thames Valley Housing had reviewed
the completed Section 106 Agreement and had advised that some of the provisions
made therein did not satisfy its lender’s requirements for securitisation
purposes. The main amendments related to
the Mortgagee in Possession clause and any subsequent references to the
Mortgagee. There was also a request to vary the agreement to delete
clause 4.5 on the grounds of duplication of clause 4.2. In addition, it was
proposed to include a clause that stated that the 2012 agreement for the
wider Queensgate site would not apply to Phase 9. The justification from Thames Valley Housing
for this was “The proposed clause 25 is required as it is our understanding
that the S106 agreement dated 27 July 2012 is still subsisting and binding on
the site (and is noted on your client’s current title as C24). The S106 Agreement already contains
affordable housing provisions and financial contribution requirements –
therefore this carve out is required.” Members were advised that the Head
of Environmental Health and Housing had been consulted on the proposed changes
in relation to the Mortgagee in Possession clauses and the deletion of clause
4.5. She had advised that the Mortgagee
in Possession clauses would not affect the delivery of affordable housing on
this site. Clause 4.5 was a duplication
of clause 4.2 and as such no objection was raised to
this amendment. The 2012 Section 106 Agreement had not included the
application site, notwithstanding it related to a different form and use of development which would require a separate reserved matters
submission if the development approved under the 2012 permission was to be
implemented. In the interests of
clarity, there was no objection to the proposed clause as requested. RESERVED: That the request to vary the existing Section 106 Agreement with a deed of variation, as set out in the Head of Planning’s Report No. PLN1715, be agreed subject to the ... view the full minutes text for item 10. |
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Wellington Centre site, Wellington Centre, Aldershot To receive the Head of Planning’s Report No. PLN1716 (copy attached). Minutes: The Committee considered the Head of Planning’s Report No.
PLN1716, which sought authority for the Solicitor to the Council to complete a
legal agreement to address the impacts of the development as identified in
Reason for Refusal Nos. 2, 3 and 4.
Authority was also sought to include in the
legal agreement an appropriate financial viability re-assessment clause. The Committee was advised that, further to
the decision by the Committee in March 2017 to refuse planning permission
(16/00905/FULPP) for a “proposed residential development involving erection of
extensions above both the existing Boots shop and the Wellington Centre
multi-storey car park comprising of a total of 43 dwelling units (15
one-bedroom, 25 two-bedroom and 3 three-bedroom units), to include construction
of new building access cores, elevational alterations to the multi-storey car
park and alterations to the entrance of Victoria House”, the applicant had
indicated that they intended to lodge an appeal to the Planning Inspectorate. In this respect, the applicant had advised
that they wished to submit a draft Section 106 Agreement to the Inspector in
order to address those reasons for refusal that related to Section 106
contributions. The Committee was further advised
that there was a general duty imposed on all involved in the appeal process to
act reasonably and to seek to resolve matters of dispute where possible. Undertaking the work in connection with
Section 106 contributions would not affect the Council’s position in relation
to Reason for Refusal No. 1, the details of which were set out in the Report,
but would remove the need for the Council to defend Reason for Refusal Nos. 2,
3 and 4 with the appeal proceedings. The Report advised that, as had been set
out in the Report presented to the Committee on 29th March, 2017, as any
planning permission that might be granted on this site could take some time to
build-out once implemented, there was also a need (as had been recommended by
the District Valuer in assessing the applicant’s
Financial Viability Assessment which had been submitted with the application)
for the Section 106 Agreement to be subject to a financial re-assessment
clause. This would ensure that
the applicant/developer did not benefit from any improvement in the market
value of the scheme that could justify provision of affordable housing or an
equivalent financial contribution in the event that completion
of the proposed development were to be protracted. This had been subject to discussion with the
applicants and their solicitors prior to the refusal of the application and it
was considered essential that this clause would remain to ensure compliance
with the requirements of Rushmoor’s Core Strategy
Policy CP6 (Affordable Housing). RESOLVED: That
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