Development Management Committee - Wednesday, 16th January, 2019 7.00 pm - Agenda and minutes

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.

Cllr D.M.T. Bell declared a prejudicial interest in respect of planning application 18/00818/FULPP (Nos. 68-70 Giffard Drive, Farnborough) as he was a patient at the medical practice associated with the planning application and, in accordance with the Members’ Code of Conduct, left the meeting during the discussion and voting thereon.

To confirm the Minutes of the meeting held on 5th December, 2018 (copy attached).

The Minutes of the meeting held on 5th December, 2018 were approved and signed by the Vice-Chairman.

To consider the Head of Economy, Planning and Strategic Housing’s Report No. PLN1902 on planning applications recently submitted to the Council (copy attached).

Sections A & B of the report set out the items to be considered at future meetings and petitions received:

Section C of the report sets out planning applications for determination at this meeting:

Section D of the report sets out planning applications which have been determined under the Council’s scheme of delegation for information.

RESOLVED: That a site visit be undertaken in respect of the following planning application for the reason set out:

In accordance with the guidelines for public participation at meetings, the following representations were made to the Committee and were duly considered before decisions were reached:

To consider the Head of Economy, Planning and Strategic Housing’s Report No. PLN1903 (copy attached) on the progress of recent planning appeals.

The Committee received the Head of Economy, Planning and Strategic Housing’s Report No. PLN1903 concerning the following new appeals:

RESOLVED: That the Head of Economy, Planning and Strategic Housing’s Report No. PLN1903 be noted.

To receive the Head of Economy, Planning and Strategic Housing’s Report No. PLN1904 (copy attached) on the extension of time – Meudon House, Meudon Avenue, Farnborough.

The Committee received information regarding an urgent decision, made in consultation with the Vice-Chairman, to extend the deadline for the completion of the Section 106 Planning Obligation in respect of the redevelopment of the above site comprising the demolition of existing structures and the erection of 205 dwellings comprising 93 one-bedroom flats; 80 two-bedroom flats and 32 three-bedroom townhouses with associated access, parking and landscape arrangements, in accordance with the application under the above reference.

Members were reminded that the Committee had resolved to grant planning permission on 7th November, 2018 for the above redevelopment, subject to the completion of a satisfactory Planning Obligation under Section 106 of the Town and Country Planning Act 1990 by 19th December, 2018.

It was reported that despite best endeavours between the parties, the applicants had been concerned that the deadline would not be achievable and had requested an extension of the deadline to 31st January, 2019.

The extension of time for completion of the agreement after the deadline of 19th December, 2018 had required further authority to grant planning permission.  Therefore, in accordance with Part 3 - ‘Responsibility for Functions’, Paragraph 6 of the Constitution, the Head of Economy, Planning and Strategic Housing, in consultation with the Vice-Chairman of the Development Management Committee, had amended the terms of the resolution of 7th November, 2018 to extend the deadline for the completion of the Planning Obligation under Section 106 until 31st January, 2019.

RESOLVED: That the report be noted and the action taken be endorsed.

To receive the Head of Economy, Planning and Strategic Housing’s Report No. PLN1905 (copy attached) on the extension of time – 110-118 Victoria Road, Farnborough.

The Committee received information regarding an urgent decision, made in consultation with the Vice-Chairman, to extend the deadline for the completion of the Section 106 Planning Obligation in respect of the redevelopment of the above site comprising the demolition of five detached dwellings and the erection of 42 apartments (26 one-bedroom and 16 two-bedroom) for the elderly (60 years of age and/or partner over 55 years of age), guest apartment, communal facilities, access, car parking and landscaping, in accordance with the application under the above reference.

Members were reminded that the Committee had resolved to grant planning permission on 10th October, 2018 for the above redevelopment, subject to the completion of a satisfactory Planning Obligation under Section 106 of the Town and Country Planning Act 1990 by 6th December, 2018.

It was reported that the applicants had been unable to complete the required agreement in accordance with the resolution because they had experienced difficulty in obtaining the necessary signatures to complete the legal agreement, specifically a bank mortgagee, and the applicants had requested an extension in time to obtain this signature and complete the agreement.

The extension of time for completion of the agreement after the deadline of 6th December, 2018 had required further authority to grant planning permission.  Therefore, in accordance with Part 3 - ‘Responsibility for Functions’, Paragraph 6 of the Constitution, the Head of Economy, Planning and Strategic Housing, in consultation with the Vice-Chairman of the Development Management Committee, had amended the terms of the resolution of 10th October, 2018 to extend the deadline for the completion of the Planning Obligation under Section 106 until 18th January, 2019.

RESOLVED: That the report be noted and the action taken be endorsed.

To receive the Head of Economy, Planning and Strategic Housing’s Report No. PLN1907 (copy attached) which reports on a legal agreement in respect of 110-118 Victoria Road, Farnborough.

The Committee received the Head of Economy, Planning and Strategic Housing’s Report No. PLN1907 which requested authority for the Council to complete a Section 106 legal agreement in relation to Nos. 110-118 Victoria Road, Farnborough.

The Committee was reminded that permission had been refused by the Development Management Committee in March, 2018 for the demolition of Nos. 110-118 Victoria Road and the erection of 42 apartments (27 one-bedroom and 15 two-bedroom) for the elderly (60 years of age and/or partner over 55 years of age), guest apartment, communal facilities, access, car parking and landscaping for Reasons relating to:

1.    the height and massing of the proposed building;

2.    the unacceptable loss of privacy to the occupiers of No. 108 Victoria Road by virtue of overlooking between the development and this property;

3.    the unacceptable living environment for residents by virtue of the lack of kitchen windows serving a number of flats;

4.    conflict in respect of parking provision for cars, mobility scooters and cycles and unacceptable refuse collections arrangements, with the objectives policy CP16 of the Rushmoor Core Strategy and the Council’s adopted Car and Cycle Parking Standards 2017 and regard to policy IN2 of the Rushmoor Local Plan Draft Submission June 2017.

5.    failure to secure Section 106 contributions towards Special Protection Area Mitigation and Avoidance;

6.    failure to secure Section 106 contributions towards public open space; and

7.    failure to secure Section 106 contributions towards transport provision.

The applicants had approached the Solicitor to the Council to request that work should be undertaken with the Council to produce a draft Section 106 Agreement seeking to address Reasons for Refusal Nos. 5, 6 and 7 and to address the issue of affordable housing.  Authority was therefore being sought from the Development Management Committee for the Head of Economy, Planning and Strategic Housing, in consultation with the Corporate Manager, Legal Services, to prepare the necessary draft Section 106 Agreement to address these matters.

The Committee was assured that by entering this Agreement, the Council’s position in relation to the Reasons for Refusal set out above was not affected, but would remove the need for the Council to defend these matters, as far as can be agreed, as part of any appeal.  It was noted that the issue of SANG mitigation would not form part of this Agreement.

The Committee was also reminded that permission had been granted by the Development Management Committee in October, 2018 for a revised scheme involving the demolition of five detached dwellings and the erection of 42 apartments (26 one-bedroom and 16 two-bedroom) for the elderly (60 years of age and/or partner over 55 years of age), guest apartment, communal facilities, access, car parking and landscaping.

RESOLVED: That the Head of Economy, Planning and Strategic Housing, in consultation with the Corporate Manager - Legal Services, be authorised to enter into a legal agreement to address the impact of the development as set out above and in detail in the report considered by the Development Management  ...  view the full minutes text for item 59.