Agenda, decisions and minutes

To confirm the Minutes of the Meeting held on 6 June 2023.

17.1     The Minutes of the Meeting held on 6 June 2023 were confirmed 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.

18.1     There were no declarations of interest raised in relation to matters on the agenda.

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 27 June 2023.

19.1   The Executive received the following question in accordance with Procedure Rule 10:

(i)              From Libby Ralph, Farnham:

“Please can Waverley Borough Council give a clear-cut statement on their position regarding supposedly permissive cycling in Farnham Park, provide documentation as to where and when this position was reached, and provide a formal statement of the position regarding the historic Byelaws? Byelaws 5(ii) of the Byelaws for Pleasure Grounds (which includes Farnham Park) came into force on the 1 June 1965. These state:  “ A person shall not, except in the exercise of any lawful right or privilege, ride any bicycle, tricycle or other similar machine in any part of the pleasure ground”. This, and the rest of the Byelaws were still in place and quoted in the Management Plan for Farnham Park in 1995. However, by 2010, the updated Management Plan states: “Cycling is permitted formally on Footpath 98, and informally elsewhere in the Park as long as there is no conflict with other users or site integrity”. We can find no documentary evidence of this policy change. Various other wording on permissive cycling has been used since. The stated primary purpose of the Park is for recreation (as well as being a sensitive Local Nature Reserve), and it is used primarily by families with small children, pushchairs, dogs, toys etc., and hence there are conflicts between cyclists and these users particularly on the steep paths. The supposed permission on permissive cycling is being used by some to promote the idea of these paths as dual-use, increasing potential conflicts, but over the past 10 years, the Friends of Farnham Park have been unable to get clarity from the Council on this issue.

There are some small sections of flatter routes in the Park where we would be happy to discuss permissive cycling as already allowed on Footpath 98, but this must be on the basis of demonstrated need, for example to provide a direct route to schools, rather than for leisure cyclists.

Yours faithfully,

Libby Ralph

Chair, Friends of Farnham Park”

Response from Cllr Steve Williams, Executive Portfolio Holder for Environment and Sustainability:

“Thank you very much for your question and interest in and support for Farnham Park.

Farnham Park is a special place for history and wildlife. Its importance is recognised nationally and it is listed as a site of nature conservation importance, historic landscape value, a grade two listed historic park and garden (English Heritage designation) and local nature reserve. The Parks and Countryside team works hard to manage and maintain the site for wildlife, recreation and leisure and which has received a green flag status for the fourth year running.

There are a number of byelaws relating to ‘pleasure grounds’ (or green spaces) across the Waverley area, which encompass not only cycling but relate to other users and to protect the area so that it a place for all to enjoy. For the benefit of others not aware, they are effectively local legislation to deal with local  ...  view the full minutes text for item EXE 19/23

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 27 June 2023.

20.1     There were no questions from Members of the Council.

21.1     The Leader thanked officers in the Leisure Team who arranged the events at the weekend to mark the transfer of the leisure centres to the new contractor, Everyone Active. The Leader had managed to get to three of the four events, and it had been an excellent day.

21.2     The Leader also noted that he and Cllr Mirylees had been dealing with a number of issues relating to The Edge Leisure Centre. There would be a statement issued to the Farnham Herald, and he and Cllr Mirylees would be meeting with the Mayor and Deputy Mayor of Haslemere and the Haslemere Town Clerk tomorrow.

21.3     The Leader advised that votes at the meeting would be taken using the electronic voting system, and if all went well it would be used at the up-coming Council meeting in place of the usual votes by show of hand. He thanked officers and Cllr Kiehl for revising the display to make it more useful for those in the Council Chamber and watching the webcast.

21.4     Cllr Mirylees added her thanks to the Leisure Team for arranging the events at the Leisure Centres at the weekend, with celebrity guests Mark Foster and Colin Jackson. She also looked forward to being able to progress the issues with The Edge Leisure Centre.

21.5     There were no other updates from Portfolio Holders.

Services Overview & Scrutiny Committee met on 21 June and the recommendations from the committee are set out in the attached schedule. Resources Overview & Scrutiny Committee meets on 10 July 2023.

22.1     The Leader noted that the recommendations from the Services Overview and Scrutiny Committee all related to the Local Plan update which was the next item on the Executive agenda, and he proposed that they be addressed under that item.

Local Plan Part 1 (LPP1) was adopted in February 2018. In accordance with statutory requirements, the Council undertook a review of the Plan within five years of its adoption to decide if an update was required. The full Council on 21 February 2023 resolved that LPP1 required updating and instructed officers to explore options for carrying out this work.

This report sets out two broad options and makes recommendations on the preferred approach.

Recommendations:

1.            Work commences on a comprehensive update of the Local Plan (option A), meeting the requirements of the existing development plan system but ensuring flexibility to migrate to the new system if implemented.

And, the Executive agrees that:

2.            A detailed work programme for completing the comprehensive update, and briefs for preparing up to date evidence are prepared in consultation with the Portfolio Holder for Planning and Regeneration.

3.            Evidence should include a local assessment of housing needs as an alternative to the Government’s ‘standard method’ for considering an appropriate housing requirement for the updated local plan.

4.            The emerging spatial strategy and housing numbers need to be discussed at the earliest opportunity with the Town and Parish Councils to enable them to consider the implications for Neighbourhood Plans.

5.            The preparation of robust Affordable housing policies should be a priority so that the Council can withstand challenges to affordable housing requirements based on scheme viability.

6.            The existing adopted Local Plan (parts 1 and 2) must be defended vigorously during the preparation of the Local Plan update.

The Executive RESOLVED to recommend to Council that:

work commences on a comprehensive update of the Local Plan (option A), meeting the requirements of the existing development plan system but ensuring flexibility to migrate to the new system if implemented.

And further RESOLVED that:

1.            a detailed work programme for completing the comprehensive update, and briefs for preparing up to date evidence are prepared in consultation with the Portfolio Holder for Planning and Regeneration.

2.            evidence should include a local assessment of housing needs as an alternative to the Government’s ‘standard method’ for considering an appropriate housing requirement for the updated local plan.

3.            the emerging spatial strategy and housing numbers need to be discussed at the earliest opportunity with the Town and Parish Councils to enable them to consider the implications for Neighbourhood Plans.

4.            the preparation of robust Affordable housing policies should be a priority so that the Council can withstand challenges to affordable housing requirements based on scheme viability.

5.            the existing adopted Local Plan (parts 1 and 2) must be defended vigorously during the preparation of the Local Plan update.

This matter has already been considered by Overview & Scrutiny – Services Committee.

23.1   Cllr Liz Townsend, Portfolio Holder for Planning, Regeneration and Economic Development, introduced the report and moved the recommendations. Cllr Townsend began by thanking the Services Overview and Scrutiny Committee for their consideration of the Local Plan Part 1 review report and noted that the Committee’s recommendations had been incorporated into the Executive recommendations and would be an integral part of the work programme.

23.2   Cllr Townsend went on to outline the proposed approach and emphasised the importance of assessing local housing need and presenting an appropriate and achievable housing strategy whilst also acknowledging the constraints, whether those were government policies or AONB or other landscape designations. She emphasised, too, the importance of working within the rules of the planning policy system and reminded that ignoring these as had been done in the past did not provide any protection in the long term. It would be an uphill struggle to persuade an Inspector that a partial update with an end date of 2032 would meet the requirements of the NPPF that strategic policies look ahead 15 years. The advice of the Planning Advisory Service and their consultants had warned of the risks of this approach, and that these were possibly understated, and a comprehensive update was the only feasible approach.

23.3   Cllr Townsend drew attention to the proposed timeline for the update under Option A, which was very ambitious but realistic and it was unlikely that the update could be completed more quickly. The aim was to produce a single local plan document for the borough and to submit the plan for examination in summer 2026. The approach also took account of the uncertainty around the government’s proposed planning reforms and would enable a move to a more streamlined approach if the planning reforms were to be confirmed. A key part of the work would be to update the housing delivery action plan to identify reasons for under delivery of housing within Waverley and identifying measures for improving levels of housing delivery.

23.4   Finally, Cllr Townsend confirmed again that the exiting Local Plan continued to provide an up-to-date statutory development plan for Waverley which remained the starting point for decisions on planning applications while an updated plan was brought forward. However, the council remained vulnerable to the government’s 5 year housing land supply and the tilted balance away from local decision-making. Cllr Townsend hoped the Executive would support the report and its recommendations.

23.5   The Leader thanked Cllr Townsend for her statement. While a large portion of the council did not agree to the government’s rules on planning, it was the duty of the administration to carry out the update and to do it properly and in the way that was being proposed.

23.6   Cllr Jerry Hyman had registered to speak on this item, and he referred to the Council resolution from 21 February 2023 on the Local Plan Part 1 Review. In his view the proposed approach would not be in line with that resolution, and the solution was  ...  view the full minutes text for item EXE 23/23

The need for a Third Generation Artificial Playing Pitch (3G pitch) in Haslemere has been documented in the Council’s Playing Pitch Strategy. The Football Foundation have worked with the Council to fund the project to deliver a 3G pitch at the Woolmer Hill Recreation Ground in Haslemere.

This paper updates the Executive regarding the funding of the project and seeks to ensure the correct authorities are in place to enter into the construction agreement, as stipulated by the Football Foundation, to build the pitch and offer the requisite warranties.

Recommendation

That the Executive approves:

1.         Following the recommendation of MGAC, the Employer’s Agent appointed by the Football Foundation in this project, delegation of authority to the Waverley BC Executive Head of Commercial Services to enter into a JCT Design and Build Contract (prepared by the Football Foundation) with Field Turf Tarkett SAS (a contractor appointed by the Football Foundation) to build the Woolmer Hill 3rd Generation Artificial Turf Pitch. 

2.         The total estimated value of the contract is £937,308 which is to be funded from various sources as set in the Financial Implications section of this Report.

The Executive RESOLVED that

1.         Following the recommendation of MGAC, the Employer’s Agent appointed by the Football Foundation in this project, delegation of authority to the Waverley BC Executive Head of Commercial Services to enter into a JCT Design and Build Contract (prepared by the Football Foundation) with Field Turf Tarkett SAS (a contractor appointed by the Football Foundation) to build the Woolmer Hill 3rd Generation Artificial Turf Pitch be approved.

2.         The total estimated value of the contract is £937,308 which is to be funded from various sources as set in the Financial Implications section of this Report be approved.

[Overview & Scrutiny – Services Committee]

24.1   Cllr Steve Williams introduced the report which sought approval to enter into a contract for the creation of a 3G playing pitch at Woolmer Hill School. The need for a 3G playing pitch in Haslemere had been identified in the council’s playing pitch strategy, and the pitch at Woolmer had been delivered to time and according to specifications. Funding for the pitch included Community Infrastructure Levy (CIL) funding from Waverley and East Hants District Council, contributions from the football clubs using the pitch, and the Football Foundation. Cllr Williams moved the recommendation, to approve the funding package and delegate authority to the Executive Head of Commercial Services to enter into a contract to build the Woolmer Hill 3G artificial playing pitch.

24.2   Cllr Hyman had registered to speak and raised some concern regarding the retrospective approval to enter into the contract, and also asked whether the Council had received the monies expected from third parties, or would be at risk whilst claiming the funds having already paid the contractor.

24.3   The Leader advised that the approval now sought to enter into the contract was to regularise the arrangements and addressed a need highlighted by the previous Monitoring Officer. This had affected a number of contracts and these were being dealt with.

24.4   Cllr Merryweather agreed with Cllr Williams that this was a wonderful facility, and it had been funded with a large contribution from planning development via CIL contributions. The CIL Advisory Board did expect substantial third party contributions when assessing applications for Waverley CIL funding.

24.5   The Executive RESOLVED that

1.       Following the recommendation of MGAC, the Employer’s Agent appointed by the Football Foundation in this project, delegation of authority to the Waverley BC Executive Head of Commercial Services to enter into a JCT Design and Build Contract (prepared by the Football Foundation) with Field Turf Tarkett SAS (a contractor appointed by the Football Foundation) to build the Woolmer Hill 3rd Generation Artificial Turf Pitch be approved.

2.       The total estimated value of the contract is £937,308 which is to be funded from various sources as set in the Financial Implications section of this Report be approved.

(During the discussion on the Broadwater Park Changing Rooms, the Leader that he had received a message from officers watching the meeting to confirm that the funding from the football clubs had been received; the Football Foundation funds would be claimed against receipts for monies disbursed by the council.)

The purpose of this report is to seek formal approval to enter into a contract to undertake remodelling and extension works at Riverside Court, Farnham, to deliver two new one-bedroom flats and associated works. 

Members have already considered and approved the delivery of these two homes and associated full project budget at a meeting of Full Council on 13 December 2022.

Recommendation

It is recommended that the Executive approves:

      i.        Entering into a contract with the preferred contractor - Fowler Building Contractors Limited – 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 Strategic Director of Place to enter into the JCT Contract and any associated contracts, in consultation with the Executive Head of Legal and Democratic Service and the Portfolio Holder for Housing (Delivery).

The Executive RESOLVED that:

        i.            a contract be entered into with the preferred contractor - Fowler Building Contractors Limited – for the delivery of the works.

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

   iii.        that delegated authority be given to the Strategic Director of Place to enter into the JCT Contract and any associated contracts, in consultation with the Executive Head of Legal and Democratic Service and the Portfolio Holder for Housing (Delivery).

[Overview & Scrutiny – Resources Committee]

25.1   Cllr Nick Palmer introduced the report and moved the recommendations which sought approval to enter into a contract to undertake remodelling and extension works at Riverside Court, Farnham, to deliver two new one-bedroom flats and associated works. The principle of delivering these two homes, along with the budget, had been agreed by Council on 13 December 2022 and approval now sought would enable the necessary contracts to be entered into.

25.2   The Executive RESOLVED that:

                 i.            a contract be entered into with the preferred contractor - Fowler Building Contractors Limited – for the delivery of the works.

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

             iii.            that delegated authority be given to the Strategic Director of Place to enter into the JCT Contract and any associated contracts, in consultation with the Executive Head of Legal and Democratic Service and the Portfolio Holder for Housing (Delivery).

The purpose of this report is to seek approval to enter into a contract for works to refurbish and reconfigure the changing rooms at Broadwater Park, Godalming. The facilities are used throughout the year by local community football and cricket teams. The facility is in a poor condition, no longer fit for purpose and has been closed to all users since the winter following the collapse of the ceilings due to a water leak.

Recommendation

That the Executive approves the authority to enter into a contract with Abacus Property Solutions for the changing rooms refurbishment works in line with the capital budget programme.

The Executive RESOLVED that a contract be entered into with Abacus Property Solutions for the changing rooms refurbishment works in line with the capital budget programme.

[Overview & Scrutiny Committee – Services]

26.1   Cllr Steve Williams introduced the report and moved the recommendations to approve entering into a contract for works to refurbish and reconfigure the changing rooms at Broadwater Park, Godalming. The facilities were in a poor condition and had been closed to all users since the winter following the collapse of the ceilings due to a water leak. Previously the changing rooms had been in continual use by local community football and cricket teams.

26.2   The Executive RESOLVED that a contract be entered into with Abacus Property Solutions for the changing rooms refurbishment works in line with the capital budget programme.