Agenda, decisions and minutes

To confirm the Minutes of the Meeting held on 7 February 2023..

The Minutes of the Meeting held on 7 February 2023 were confirmed and signed as a correct record.

To receive from members, declarations of interest in relation to any items included on the agenda for this meeting, in accordance with the Waverley Code of Local Government Conduct.

There were no declarations of interest raised under this heading.

The Chairman to respond to any questions received from members of the public for which notice has been given in accordance with Procedure Rule 10.

The deadline for receipt of questions is 5pm on Tuesday 28 February 2023.

There were no questions from members of the public.

The Chairman to respond to any questions received from Members in accordance with Procedure Rule 11.

The deadline for receipt of questions is 5pm on Tuesday 28 February 2023.

There were no questions from Members of the Council.

The Leader and Portfolio Holders gave brief updates on current issues not reported elsewhere on the agenda:

·         The Leader reported that he and Cllrs Paul Rivers, Liz Townsend and Steve Williams, and colleagues from Godalming Town Council had attend the Royal Courts of Justice on 2 March for the permission hearing to seek a Judicial Review of the decision to permit UKOG’s exploratory drilling planning application in Dunsfold. The Leader was pleased to report a successful outcome to the hearing. He thanked Stephen Rix, Executive Head of Legal & Democratic Services, and the Council’s legal team for their support as well as Protect Dunsfold and the Good Law project. There was more work to do, but it had been a very positive outcome.

·         Cllr Andy MacLeod advised there would be a Brightwells Board meeting on Friday, and he had met with the Executive Head of Regulatory Services to discuss enforcement work and how this could be co-ordinated with the Guildford service to improve effectiveness and efficiency.

·         Car parking income was increasing and approaching pre-Covid levels, and a review of the Weyhill site in Haslemere was underway.

·         Cllr Rivers noted that the latest issue of Homes & People would be published imminently.

·         Cllr Williams echoed the Leader’s thanks to officers, Protect Dunsfold, the Good Law Project and Extinction Rebellion for their combined efforts in challenging the UKOG drilling application. Opposition which began in July 2019 had been steadfastly maintained to the point now reached of a Judicial Review of the Secretary of State’s decision, not just on the grounds of impact on the landscape and AONB and AGLV, but also the impact on Greenhouse Gases. The judgement arising from such a Judicial Review could have far-reaching implications for the future of on-shore drilling and fossil-fuel extraction across the UK.

An Extraordinary meeting of the Overview & Scrutiny Committee – Resources was held on Monday 20 February 2023 to consider the proposals for the Ockford Ridge Refurbishment Phase 4.

The observations and recommendations of the Overview & Scrutiny Committee – Resources are set out in the report at agenda item 8 and will be addressed as part of the consideration of that report.

The Leader advised that the recommendations from the Overview & Scrutiny Committee – Resources meeting on 20 February 2023 relating to the Ockford Ridge Refurbishment Phase 4 project would be considered under the following agenda item.

Purpose and summary of the report:

·         To update members on the progress made with delivery of the pilot project to deep retrofit seven properties at Ockford Ridge. A pilot project that will contribute to the Council’s environmental and sustainability objectives and aim to become a net zero-carbon council by 2030 through the delivery of affordable homes which are more sustainable and energy efficient than they are at present. At the same time improving quality of life and reduce fuel poverty for future tenants by using renewable energy sources (air source heat pump / photovoltaic cells (PV’s)) and reducing the overall heat demand through the provision of additional external wall and internal floor and roof insulation and modern A+ rated double glazed windows. Electric vehicle charging points will be installed where the properties have off street parking.

·         Advise members on:

o   the outcome of the procurement process to identify a build contractor

o   background to the request for additional budget to complete the proposed pilot and

o   options considered to reduce the costs

·         Seek Executive approval to enter into contract to deliver the pilot project.

Recommendation

The Executive, after considering the report and annexes and comments of the O&S Resources Committee as detailed in the Consultation and Engagement section of this report,

1.            Recommend to Full Council that an additional budget allocation of £784,000 is agreed for Phase 4 of the Ockford Ridge Regeneration Project, bringing the total allocated budget to £1.765m, to enable the deep retrofit of seven homes, piloting the use of green renewable energy sources and enhanced fabric, to proceed according to the previously approved specification as detailed in Exempt Annexes 1 – 4; and

2.            Subject to the agreement of Full Council of the additional budget allocation, approves:

i.             Entering into a contract with the preferred contractor for the delivery of the works;

ii.            Entering into any related contractual documentation (including collateral warranties or agreements) relating to the project; and

iii.          Giving delegated authority to the Executive Head of Legal and Democratic Services to approve the final form of legal agreements.

The Executive RESOLVED,

1.            To recommend to Full Council that an additional budget allocation of £784,000 be agreed for Phase 4 of the Ockford Ridge Regeneration Project, bringing the total allocated budget to £1.765m, to enable the deep retrofit of seven homes, piloting the use of green renewable energy sources and enhanced fabric, to proceed according to the previously approved specification as detailed in Exempt Annexes 1 – 4; and

2.            Subject to the agreement of Full Council of the additional budget allocation, approved the following:

i.             Entering into a contract with the preferred contractor for the delivery of the works;

ii.            Entering into any related contractual documentation (including collateral warranties or agreements) relating to the project; and

iii.          Giving delegated authority to the Executive Head of Legal and Democratic Services to approve the final form of legal agreements.

Reason: The Council has already committed to the delivery of the regeneration of the Ockford Ridge estate which includes both regeneration and refurbishment of homes. To date, three phases of refurbishment have been completed and a budget of £981,000 was approved at full Council in February 2022 to deliver this next phase. The project will deliver modern, safe, and secure, sustainable homes and support delivery of the Council’s Corporate Strategy 2020 – 2025, Climate Change and Sustainability Strategy 2020 - 2030, Carbon Neutrality Action Plan 2020 - 2030 and Housing Asset Management Strategy 2022-2030 commitments and targets. The next phase of retrofit at Ockford Ridge provides the opportunity to implement a pilot which takes the whole house retrofit approach with an enhanced fabric using external and floor insulation and replacement of the use of fossil fuels with green renewable energy sources and technology.

[This matter has already been considered by the Resources O&S Committee and is recommended to Council for decision.]

Cllr Paul Rivers, Co-Portfolio Holder for Housing (Operations), introduced the report on the Ockford Ridge Refurbishment Phase 4 project, and thanked the Overview & Scrutiny Committee – Resources for their observations and recommendations.

The full response to the Overview & Scrutiny was quite lengthy, and he would provide this for the Minutes, but in short he was largely comfortable to accept the recommendations, some of which had now been incorporated into the agenda report. With regard to the project title, and the balance of costs between refurbishment and new technology, Cllr Rivers felt that this ignored the contribution of the refurbished ‘fabric’ of the homes in relation to the green technology pilot. Green technology was not just heat pumps or PV panels. However, Cllr Rivers was proposing a minor change to the project title, to Ockford Ridge Refurbishment Phase 4 – Deep Retrofit with Green Technology Pilot.

Executive Members also noted the thoroughness of the procurement process that had been undertaken which had resulted in two valid tender returns, which were assessed on the basis of price and quality.

The Executive RESOLVED,

1.            To recommend to Full Council that an additional budget allocation of £784,000 be agreed for Phase 4 of the Ockford Ridge Regeneration Project, bringing the total allocated budget to £1.765m, to enable the deep retrofit of seven homes, piloting the use of green renewable energy sources and enhanced fabric, to proceed according to the previously approved specification as detailed in Exempt Annexes 1 – 4; and

2.            Subject to the agreement of Full Council of the additional budget allocation, approved the following:

i.             Entering into a contract with the preferred contractor for the delivery of the works;

ii.            Entering into any related contractual documentation (including collateral warranties or agreements) relating to the project; and

iii.          Giving delegated authority to the Executive Head of Legal and Democratic Services to approve the final form of legal agreements.

Reason: The Council has already committed to the delivery of the regeneration of the Ockford Ridge estate which includes both regeneration and refurbishment of homes. To date, three phases of refurbishment have been completed and a budget of £981,000 was approved at full Council in February 2022 to deliver this next phase. The project will deliver modern, safe, and secure, sustainable homes and support delivery of the Council’s Corporate Strategy 2020 – 2025, Climate Change and Sustainability Strategy 2020 - 2030, Carbon Neutrality Action Plan 2020 - 2030 and Housing Asset Management Strategy 2022-2030 commitments and targets. The next phase of retrofit at Ockford Ridge provides the opportunity to implement a pilot which takes the whole house retrofit approach with an enhanced fabric using external and floor insulation and replacement of the use of fossil fuels with green renewable energy sources and technology.

The purpose of this report is to seek the Executive’s approval for the updated Affordable Housing Supplementary Planning Document (SPD) to be recommended to Full Council for formal adoption as a material planning consideration.

Recommendation

It is recommended that the Executive recommends to Full Council that the updated Affordable Housing Supplementary Planning Document be adopted.

The Executive RESOLVED to recommend to Full Council that the updated Affordable Housing Supplementary Planning Document be adopted.

Reason: The SPD provides further guidance on the implementation of Local Plan Part 1 (LPP1) policies relevant to affordable housing and will become a material planning consideration. It will support a transparent and efficient planning process and will ensure consistent and fair decision-making.

[This matter is recommended to Council for decision.]

Cllr Liz Townsend, Portfolio Holder for Planning & Economic Development, presented this item. Local Plan Part 1 required the council to have an Affordable Housing SPD, which would be a material consideration when considering planning applications. The SPD included details of how financial contributions from developers would be calculated, the type and size of affordable housing required across the borough and the mechanisms to be applied if developers challenged the council’s affordability policy on viability grounds. The original SPD was published in April 2021 and an update was now required to take account of changes in national policy, including the requirement for ‘First Homes’, and to reflect Waverley administration’s commitment to affordable rents.

The Executive RESOLVED to recommend to Full Council that the updated Affordable Housing Supplementary Planning Document be adopted.

Reason: The SPD provides further guidance on the implementation of Local Plan Part 1 (LPP1) policies relevant to affordable housing and will become a material planning consideration. It will support a transparent and efficient planning process and will ensure consistent and fair decision-making.

To review feedback from the public consultation and consider the draft updated Air Quality Action Plan (AQAP) February 2023 for the Air Quality Management Areas (AQMAs) and draft Clean Air Strategy for Waverley (CAS) February 2023.

To seek approval of the draft updated Air Quality Action Plan (AQAP) February 2023 and draft Clean Air Strategy for Waverley (CAS) February 2023, prior to submitting the AQAP to Defra for approval.

Recommendation

It is recommended that the Executive note the feedback from the public consultation, and recommend that Council adopt the draft updated AQAP February 2023 and draft CAS February 2023, which align with the Climate Change and Sustainability Strategy (CCSS), the Carbon Neutrality Action Plan (CNAP) and the work underway on the Farnham Infrastructure Plan (FIP).

The Executive RESOLVED to recommend to Council that the draft updated Air Quality Action Plan, February 2023, and the draft Clean Air Strategy, February 2023, be adopted.

Reason: To approve the draft updated Air Quality Action Plan, February 2023, and the draft Clean Air Strategy, February 2023, prior to submitting the Air Quality Action Plan to DEFRA for approval.

[This matter is recommended to Council for decision.]

Cllr Steve Williams, Portfolio Holder for Environment & Sustainability, introduced the updated Air Quality Action Plan (AQAP) and the new Clean Air Strategy for Waverley. An AQMA was required in any local authority where Air Quality Management Areas (AQMAs) had been designated. Waverley had two AQMAs, in Farnham and Godalming, and worked closely with partners, including Surrey County Council as the Highway Authority, to address the root problems to improve air quality in these areas.

In addition to the AQAP, a new Clean Air Strategy for Waverley had been developed with the help of consultants, addressing air quality across the borough. The Strategy had been consulted on widely, and the final version incorporated much of what had been raised through the consultation process.

Cllr Hyman had registered to speak on this item. He noted that he felt his own consultation response had been misrepresented in the summary of responses annexed to the documents. He also felt that the AQAP did not fulfil the statutory requirements of an air quality action plan, as it was not sufficiently specific about the measures and timelines to address air quality issues.

Cllr Williams advised that the AQAP and Clean Air Strategy would be going back to Overview & Scrutiny Committee for final comments before consideration by Council. He recognised that not all actions were funded but identifying the need for such actions was often a requirement for seeking funding. Cllr Williams reiterated the expert assistance from consultants in developing the Strategy, and the extensive consultation. It was also noted that the Council’s AQAP would be submitted to DEFRA for approval and confirmation that it met legal requirements.

The Executive RESOLVED to recommend to Council that the draft updated Air Quality Action Plan, February 2023, and the draft Clean Air Strategy, February 2023, be adopted.

Reason: To approve the draft updated Air Quality Action Plan, February 2023, and the draft Clean Air Strategy, February 2023, prior to submitting the Air Quality Action Plan to DEFRA for approval.

As per the approved CIL governance arrangements, the Executive is delegated to approve bids for the allocation of Strategic CIL Funding, on the recommendation of the CIL Advisory Board, subject to an upper limit of £2.5m per individual award, above which approval reverts to Full Council.

This report seeks approval from the Executive for the allocation of Strategic CIL funding to the projects recommended for funding by the CIL Advisory Board in relation to the Strategic CIL Bidding Cycle 2022/23.

Recommendation

1)               It is recommended that the Executive agree the recommendations of the CIL Advisory Board and approve the allocation of Strategic CIL funding to the projects as set out in this report. This is subject to the completion of the final relevant checks and the signing of funding agreements, the details of which are delegated to the Strategic Director in consultation with the Portfolio Holder for Housing (Delivery).

2)               It is recommended that the Executive agree the recommendation of the CIL Advisory Board to remove the ‘Community CIL’ from future Strategic CIL Bidding Cycles, for the reasons as set out within this report.

The Executive RESOLVED that,

1.         the allocation of Strategic CIL funding to the projects as set out in the agenda report (paragraph 4.24) be approved, subject to the completion of the final relevant checks and signing of funding agreements, the details of which are delegated to the Strategic Director in consultation with the Portfolio Holder for Housing (Delivery).

2.         the ‘Community CIL’ element be removed from future Strategic CIL Bidding Cycles.

Reason: In order to ensure robust and effective expenditure, in line with CIL Regulations 2010 (as amended) and in accordance with the Council’s approved CIL governance arrangements which include detailed eligibility and assessment criteria.

[Overview & Scrutiny Committee – Services]

Cllr Liz Townsend, Portfolio Holder for Planning & Economic Development, introduced the report which outlined the CIL bidding process and recommendations to the Executive for allocation of Strategic CIL funds to infrastructure projects within Waverley. The report also recommended that the Community Fund, which had been created within the Strategic CIL Fund, be removed from future CIL bidding cycles, as experience showed that there was not the need for it that had been anticipated when the CIL governance arrangements were being developed.

Twenty-four bid submissions had been received, seeking just over £9m of CIL funding towards total project costs of over £24m. The quality of bids varied greatly, and three bids were considered as invalid against the bid scoring criteria. The twenty-one valid bids were scored independently by three officers, and then presented to the CIL Advisory Board for consideration. To help inform the final recommendations, the CIL Advisory Board sought additional information from a number of bidders, and invited others to attend a meeting with the Board and answer outstanding questions. As a result of the discussions across three meetings, the CIL Advisory Board agreed to recommend the six projects detailed in the report (section 4.24) totalling £3.31m.

Cllr Merryweather noted that bids were becoming increasingly competitive, and it was challenging to distinguish between good infrastructure projects and good causes. It had been pleasing to see the improvement in the quality of the Surrey County Council bids in particular.

Cllr Townsend emphasised the level of due diligence carried out by officers in evaluating the bids and scoring them against the council’s agreed criteria. She also drew attention to projects having some level of match-funding, and to be deliverable. Where projects needed planning permission to be delivered, it was important that work be in train on this, as this could take a significant amount of time out of the delivery window.

The Executive RESOLVED that,

1.         the allocation of Strategic CIL funding to the projects as set out in the agenda report (paragraph 4.24) be approved, subject to the completion of the final relevant checks and signing of funding agreements, the details of which are delegated to the Strategic Director in consultation with the Portfolio Holder for Housing (Delivery).

2.         the ‘Community CIL’ element be removed from future Strategic CIL Bidding Cycles.

Reason: In order to ensure robust and effective expenditure, in line with CIL Regulations 2010 (as amended) and in accordance with the Council’s approved CIL governance arrangements which include detailed eligibility and assessment criteria.

The purpose of this report is to seek approval for a supplementary estimate to cover the costs associated with various pending and upcoming appeals and to further fund legislation required advertising costs.  The report sets out that the Service does not have sufficient budget to meet the costs being claimed.

Recommendation

It is recommended that the Executive approves a supplementary estimate totalling £97,990 for the following costs:

·         £15,000 for planning application advertising fee overspend (statutory requirement) and

·         £82,990 for pending and forthcoming appeals costs.

The Executive RESOLVED to approve a Supplementary Estimate totalling £97,990 for the following costs:

·         £15,000 for planning application advertising fee overspend (statutory requirement) and

·         £82,990 for pending and forthcoming appeals costs.

Reason: Whilst the Planning Service budget includes sums for legal expenses, it does not have sufficient funds to meet the costs as shown above. It is therefore necessary to seek a supplementary estimate to pay the above amounts suggested.

[Overview & Scrutiny Committee – Services]

Cllr Liz Townsend, Portfolio Holder for Planning & Economic Development, introduced the report requesting a Supplementary Estimate to cover costs associated with various pending planning appeals and to fund statutory advertising costs. The additional costs would be met by releasing a planning reserve no longer required, and from general savings.

Cllr Hyman had registered to speak on this item, who claimed that the council could avoid these costs if it took a different approach at appeals with regard to the Appropriate Assessment of the mitigation of development on designated Special Protection Areas.

The Leader and Cllr Townsend noted that Cllr Hyman’s arguments had been tested, by Waverley’s counsel, and at many planning appeals, and had not been successful. The reason Waverley struggled to win appeals was because the council could not demonstrate a 5 Year Housing Land Supply, and therefore was subject to the Tilted Balance, which tilted the balance of the planning judgement in favour of the developers.

Cllr Merryweather added that the lack of a 5YHLS was not due to Waverley granting planning permissions but because developers were not building out the permissions that they held. He had asked the MP for Southwest Surrey, Jeremy Hunt, numerous times whether he supported the idea of borough councils having powers to penalise developers who did not build out planning permissions in a timely way, for example by levying Council Tax on unbuilt units.

Cllr MacLeod noted that the Leader had no authority to instruct officers to act against the council’s own legal advice, and suggested that Cllr Hyman should seek alternative and independent legal routes to obtain a definitive judgement on his position.

The Executive RESOLVED to approve a Supplementary Estimate totalling £97,990 for the following costs:

·         £15,000 for planning application advertising fee overspend (statutory requirement) and

·         £82,990 for pending and forthcoming appeals costs.

Reason: Whilst the Planning Service budget includes sums for legal expenses, it does not have sufficient funds to meet the costs as shown above. It is therefore necessary to seek a supplementary estimate to pay the above amounts suggested.

This report provides an update on the current position of the Cranleigh Leisure Centre new build project and presents recommendations for approval to award contracts for the design team (as specified in 3.6) following completion of the procurement process.

Recommendation

It is recommended the Executive:

1.     Approve the award of contracts to the design team and other professional services required to reach RIBA stage 5, following completion of the procurement processes; and

2.     Delegate authority to the Strategic Director for Transformation & Governance to complete all required contractual documentation and approve execution of the contract documentation.

The Executive RESOLVED to:

1.         approve the award of contracts to the design team and other professional services required to reach RIBA stage 5, following completion of the procurement processes; and

2.         delegated authority to the Strategic Director for Transformation & Governance to complete all required contractual documentation and approve execution of the contract documentation.

Reason: To progress the Cranleigh Leisure Centre new build project in line with the Council decision of 14 December 2021.

[Overview & Scrutiny Committee – Services]

Cllr Liz Townsend, Portfolio Holder for Planning & Economic Development, introduced the report that provided an update on the Cranleigh Leisure Centre new build project sought Executive approval to award contracts for the design team following completion of the procurement process.

This was a flagship development for Waverley, and the award of contracts for the design team was a significant step forward for the project.

The Executive RESOLVED to:

1.         approve the award of contracts to the design team and other professional services required to reach RIBA stage 5, following completion of the procurement processes; and

2.         delegated authority to the Strategic Director for Transformation & Governance to complete all required contractual documentation and approve execution of the contract documentation.

Reason: To progress the Cranleigh Leisure Centre new build project in line with the Council decision of 14 December 2021.