Development Management Committee - Wednesday, 5th December, 2018 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 A.R. Newell declared a prejudicial interest in respect of planning application 18/00683/FULPP (Unit 10, Springlakes Industrial Estate, Deadbrook Lane, Aldershot) in respect of his 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.

To confirm the Minutes of the meeting held on 7th November, 2018 (copy attached).

The Minutes of the meeting held on 7th November, 2018 were approved and signed by the Chairman.

To consider the Head of Economy, Planning and Strategic Housing’s Report No. PLN1831 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

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:

The Committee considered the Head of Economy, Planning and Strategic Housing’s Report No. PLN1831 (as amended at the meeting) regarding the demolition of existing bus station and re-development of site with the erection of a mixed use building comprising three ground floor commercial units with flexible use falling within Use Classes A1, A2, A3, A4, A5 or laundrette (sui generis); and upper floor residential use (Use Class C3) comprising 32 market residential flats (18 one-bedroom, 12 two-bedroom and two three-bedroom units) with associated on-site servicing and parking areas.

It was noted that the recommendation was to grant permission subject to the completion of a satisfactory Planning Obligation under Section 106 of the Town and Country Planning Act 1990 by 5th February, 2019.

RESOLVED: That

(i)            subject to the completion of a satisfactory Planning Obligation under Section 106 of the Town and Country Planning Act 1990 by 5th February, 2019 to secure the following:

(a)          a financial contribution of £147,265 towards the maintenance of Special Protection Area (SPA) avoidance and mitigation;

(b)          a £52,925 Public Open Space Contribution; and

(c)          financial liability re-assessment clauses in the event that the implementation and completion of the scheme is protracted and market conditions improve the value of the scheme;

the Head of Economy, Planning and Strategic Housing, in consultation with the Chairman, be authorised to grant planning permission, subject to the conditions and informatives set out in the Report (as amended at the meeting); and

(ii)          in the event that a satisfactory Section 106 planning obligation is not received by 5th February, 2019, the Head of Economy, Planning and Strategic Housing, in consultation with the Chairman, be authorised to refuse planning permission on the grounds that the proposal does not make satisfactory provision for public open space in accordance with Core Strategy Policies CP10, CP11 and CP12 and saved Local Plan Policy OR4; and a financial contribution to mitigate the effect of the development on the Thames Basin Heaths Special Protection Area in accordance with The Rushmoor Thames Basin Heaths Special Protection Area Interim Avoidance and Mitigation Strategy and Core Strategy Policies CP11 and CP13.

The Committee considered the Head of Economy, Planning and Strategic Housing’s Report No. PLN1831 (as amended at the meeting) regarding the re-development of site with ten dwellings (comprising six two-bedroom and four three-bedroom units) with associated vehicular access road, parking and acoustic fence following demolition of existing buildings.

It was noted that the recommendation was to grant permission subject to the completion of a satisfactory Planning Obligation under Section 106 of the Town and Country Planning Act 1990 by 23rd December, 2018.

RESOLVED: That

(i)            subject to the completion of a satisfactory Planning Obligation under Section 106 of the Town and Country Planning Act 1990 by 23rd December, 2018 to secure the SPA, Strategic Access Management and Monitoring Measures (SAMMs) and Public Open Space contributions as set out in the report, the Head of Economy, Planning and Strategic Housing, in consultation with the Chairman, be authorised to grant planning permission subject to the conditions and informatives set out in the Report (as amended at the meeting); and

(ii)          in the event that a satisfactory Section 106 planning obligation is not received by 23rd December, 2018, the Head of Economy, Planning and Strategic Housing, in consultation with the Chairman, be authorised to refuse planning permission on the grounds that the proposal does not make satisfactory provision for a public open space contribution in accordance with Core Strategy Policies CP10, CP11 and CP12 and saved Local Plan Policy OR4; and a financial contribution to mitigate the effect of the development on the Thames Basin Heaths Special Protection Area in accordance with The Rushmoor Thames Basin Heaths Special Protection Area Interim Avoidance and Mitigation Strategy and Core Strategy Policies CP11 and CP13.

To consider the Head of Economy, Planning and Strategic Housing’s Report No. PLN1832 (copy attached) which reports on cases of planning enforcement and possible unauthorised development.

The Committee considered the Head of Economy, Planning and Strategic Housing’s Report No. PLN1832 regarding the building of a new boundary fence over one metre in height and the erection of a wooden shed to the front of the property without permitted development rights.  The property owners had been invited to submit a planning application for the retention of the boundary fence and shed.  To date, no application had been submitted.  The Committee was advised that were an application to be submitted, it would be recommended for approval. 

RESOLVED: That no further action be taken.

To receive the Head of Economy, Planning and Strategic Housing’s Report No. PLN1833 (copy attached) which reports on a legal agreement in respect of Pinehurst House, 117 Farnborough Road, Farnborough.

The Committee received the Head of Economy, Planning and Strategic Housing’s Report No. PLN1833 which requested authority for the Council to complete a Section 106 legal agreement in relation to Pinehurst House, No. 117 Farnborough Road, Farnborough.

The Committee was reminded that permission had been refused at the previous meeting of the Committee for Reasons relating to:

1.    the design, mass, bulk and height of the additions to the building;

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

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

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

The applicants had approached the Solicitor to the Council to request that work could be undertaken with the Council to produce a draft Section 106 Agreement seeking to address Reasons for Refusal Nos. 2, 3 and 4.  Authority was therefore being sought from the Development Management Committee for the Head of Economy, Planning and Strategic Housing, in consultation with the Solicitor to the Council, to prepare the necessary draft Section 106 Agreement to address these matters.

The Committee was assured that this work would not affect the Council’s position in relation to Reason for Refusal No. 1 but would remove the need for the Council to defend Reasons for Refusal Nos. 2, 3 and 4 with the appeal proceedings, were an appeal to be lodged formally.

RESOLVED: That the Head of Economy, Planning and Strategic Housing, in consultation with the Solicitor to the Council, be authorised to complete a legal agreement to address the impacts of the development as identified in Reasons for Refusal Nos. 2, 3 and 4 as set out in detail in the Minutes of the meeting of the Development Management Committee held on 7th November, 2018.

To receive the Head of Economy, Planning and Strategic Housing’s Report No. PLN1834 (copy attached) which reports on a Deed of Variation in respect of Land at Guillemont Park Sun Park, Minley Road, Farnborough.

The Committee received the Head of Economy, Planning and Strategic Housing’s Report No. PLN1834 (as amended at the meeting) which sought authority to vary the terms of the Section 106 Agreement, approved in 2014, in relation to Phase 1 of the Sun Park residential redevelopment.

The purpose of the Report was to seek authority to vary the terms of the 2014 Section 106 Agreement in respect of amendments to the definitions of Registered Provider Mortgagee and the Mortgagee in Possession to satisfy the requirements of the lenders to the Registered Affordable Housing Provider (Synergy Housing Limited, part of the Aster Group) for securitisation purposes.

RESOLVED: That the Solicitor to the Council, subject to being satisfied, in consultation with the Head of Economy, Planning and Strategic Housing, with the proposed terms, be authorised to enter into a Deed of Variation, incorporating the changes outlined in the Head of Economy, Planning and Strategic Housing’s Report No. PLN1834 (as amended at the meeting).