Agenda item

To consider the Solicitor to the Council’s Exempt Report No. LEG1610 (copy attached), which sets out the latest position regarding the provision of a new Council Depot, including the consideration of alternative sites.

The Cabinet considered the Solicitor to the Council’s Exempt Report No. LEG1610, which provided an update regarding the provision of a depot to support the waste, recycling, street cleansing and grounds maintenance contract. It also sought approval to pursue an alternative site in order to provide the Council with the best chance to deliver a depot by Autumn 2017.

 

Members were reminded that the Council had identified Canna Enterprise Centre, Lysons Avenue, Ash Vale as a suitable site to provide a depot. The Cabinet, at its meeting on 20th October, 2015, had agreed to the purchase of this site and, at the time, it was thought that Guildford Borough Council would treat the site as an allocated employment site and its use as a depot would be accepted. It later transpired that a planning application was required for change of use and Guildford Borough Council had, at the pre application stage, indicated it was likely to recommend refusal of the planning application. Given this advice, Rushmoor had sought counsel’s opinion and this had suggested that the advice from Guildford Borough Council had been misguided and should not result in the planning application being refused. This opinion had been forwarded to Guildford Borough Council and it now appeared that a recommendation for approval of the planning application would be made. In light of this, only essential works would be carried out at present at the alternative site at Hawley Lane, Farnborough, pending the determination of the planning application.    

 

The Cabinet RESOLVED that

 

(i)        the Head of Community and Environmental Services be authorised to:

 

-               in consultation with the Cabinet Member for Environment and Service Delivery and the Solicitor to the Council, appeal against any refusal for a depot on the Canna site or against any inappropriate conditions or to appeal for non determination;

 

-               undertake the topographic survey and the ground investigations works at Hawley Lane;

 

-               if planning is refused for the Canna site or if the application is not determined within the eight week period:

 

-               conduct pre application consultations and to undertake all preliminary work to submit a planning application for the development of the Hawley Lane site as a depot and travelling show persons site;

 

-               in consultation with the Solicitor to the Council, make an application to the Highway Authority for the diversion of the public footpath across the site at Hawley Lane, using appropriate legal powers;

 

-               tender and appoint a demolition contractor and submit a prior approval notification to Guildford Borough Council for the demolition works and a Section 80 notice to the building regulation service to secure a developable site at the earliest point in time;

 

-               undertake the procurement of a design and build contract for the provision of the depot facilities at either site;

 

(ii)       the Solicitor to the Council be authorised to:

 

-               enter into negotiations to reach agreement to secure the surrender of the current leases at the Hawley Lane site and enter into any legal documentation necessary to secure alternative provision, including any legal documentation to secure alternative community use provision on other land;

 

-               if an appeal is submitted on the Canna site, submit a planning application to Guildford Borough Council for a small industrial site on that site;

 

-               if the depot is developed at the Hawley Lane site, take all necessary steps to procure the redevelopment of the Canna site as a small industrial site, subject to a further report to the Cabinet on the costs thereof, or to dispose of the site with the benefit of planning permission;

 

(iii)      the Head of Planning be authorised to ensure that the evolution of the planning policy context provided in the draft Local Plan includes an appropriate land allocation on the Hawley Lane site, based on the findings of the evidence base, which has identified a need to find land to accommodate Travelling Showpeople and enhance the delivery of small employment sites in the Borough, whilst also protecting the potential for the site to accommodate a depot; and

 

 (iv)     the Head of Financial Services be authorised to vary the Capital Programme to create:

 

-               a budget of £50,000 for the development of a planning application for the construction of a depot on land at Hawley Lane;

 

-               a budget of £20,000 to allow for the development of a planning application for a small industrial estate at the Canna site, should it be required;

 

-               a budget of £40,000 to meet the costs of plan preparation for both the Canna site and Hawley Lane site.