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.
Presented By:Environment and Service Delivery
Minutes:
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.