Agenda item

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 Committee on 28th March, 2018.