Agenda and minutes

To confirm the Minutes of the Meeting held on 1 June 2016 (to be laid on the table half an hour before the meeting).

The Minutes of the meeting held on 1 June 2016 were confirmed as a correct record and signed.

To receive apologies for absence.

Where a Member of the Committee is unable to attend a meeting, a substitute Member from the same Area Planning Committee may attend, speak and vote in their place for that meeting.

Apologies were received from Councillors Peter Isherwood, Mike Band, Mary Foryszewski, Stephen Mulliner, Nick Williams and John Williamson.

Councillors Patricia Ellis, Simon Inchbald, John Fraser and Jim Edwards were in attendance as substitutes.

To receive from Members declarations of interests in relation to any items included on the Agenda for this meeting in accordance with the Waverley Code of Local Government Conduct.

A disclosure of non-pecuniary interest was received from Councillor John Williamson in both items A1 and A2 because he was involved with a potential judicial review for East Street. Consequently, he sent his apologies for the evening.

Councillor Andy McLeod declared a non-pecuniary interest in that he had pre-determined his decision and so removed himself from the Chamber and took no part in the discussion or the vote on either item A1 or A2.

Councillors Pat Frost and Carole Cockburn also declared non-pecuniary interests in A1 and A2 as they are both members of Farnham Town Council.

Proposal

Application under Section 73 for the variation of Condition 3 (Plans) and Condition 61 (Sustainability Statement) and removal of Condition 60, (Combined Heat and Power Scheme) of WA/2012/0912 (East Street Redevelopment) to allow: 106 sq m increase in size of extension to Brightwell House, realignment of rear of Building D21, removal of Gostrey Centre community use from Building D20 resulting in space to be occupied by Use Class A1/A3 Retail/ Food and Drink, internal alterations and amendment to landscaping scheme; revision to heating strategy, omitting energy centre and changes to comply with current Building Regulation and other regulation requirements with subsequent revisions to Sustainability Statement; amendment to affordable housing provision to provide 100% shared ownership flats.  This application is accompanied by an Addendum to the Environmental Statement (as amplified by emails and plans received 21/03/2016 and 01/06/2016 in relation to flood risk and as amended by email and viability information received 06/05/2016 in relation to the proposed affordable housing mix) at  Land At East Street, Farnham

Recommendation

Recommendation A:

That, having regard to the environmental information contained in the application, the accompanying Environmental Statement and responses to it, together with mitigation of environmental effects, and subject to the consideration of the views of the infrastructure providers and any further representations by 17/06/2016, the completion of an amendment to the original legal agreement by 22/08/2016 and conditions, permission be GRANTED

Recommendation B:

That, if the requirements of Recommendation A are not met, permission be REFUSED

Proposal

Application under Section 73 for the variation of Condition 3 (Plans) and Condition 61 (Sustainability Statement) and removal of Condition 60, (Combined Heat and Power Scheme) of WA/2012/0912 (East Street Redevelopment) to allow: 106 sq m increase in size of extension to Brightwell House, realignment of rear of Building D21, removal of Gostrey Centre community use from Building D20 resulting in space to be occupied by Use Class A1/A3 Retail/ Food and Drink, internal alterations and amendment to landscaping scheme; revision to heating strategy, omitting energy centre and changes to comply with current Building Regulation and other regulation requirements with subsequent revisions to Sustainability Statement; amendment to affordable housing provision to provide 100% shared ownership flats.  This application is accompanied by an Addendum to the Environmental Statement (as amplified by emails and plans received 21/03/2016 and 01/06/2016 in relation to flood risk and as amended by email and viability information received 06/05/2016 in relation to the proposed affordable housing mix) at  Land At East Street, Farnham

Officers Presentation

Officers introduced the Committee to the application. They explained that the East Street redevelopment had a long planning history culminating in the grant of planning permission in 2009 for a mixed use development of retail, cinema, and residential uses, the relocation of the Gostrey Centre and all associated works.

That permission was effectively renewed in 2012 by further grant of permission and, importantly, that permission had been implemented by a material start on site – the demolition of the former tennis pavilion. That meant that the permission could be built out at any time in that it was extant in perpetuity.

The principle of the redevelopment had therefore been established by the extant permission. Most aspects of the plans before the Committee had already got planning permission and were not changing and could not reasonably be re-evaluated.

The current application had been submitted under section 73 of the Town & Country Planning Act. Officers explained that section 73 was a long standing legal provision to enable applicants to seek variation to an existing permission by way of their variations to conditions on an original consent.

Successive governments had recognised that many permitted developments, through the construction process or over time, often required relatively minor refinement as implementation took place. Since 2009, the Government had indicated that minor material amendments could be dealt with by way of section 73 and planned variations in order to assist the speedy delivery of development. There was nothing unusual about the use of section 73 to seek to modify existing conditions. However, the Local Planning Authority did have to have regard to any material changes in circumstances and there had to be planning justification for the changes to deviate from the original scheme.

The original permission had been subject to an Environmental Impact Assessment. Appropriately, the current section 73 had been subject to an addendum to asses whether the proposed changes, in combination with the approved development, would have had a significant environmental effect. Taking into account  ...  view the full minutes text for item 22.1

Proposal

Application under Section 19 (Listed Building Consent) to vary Condition 6 of WA/2014/1926 (approved plan numbers) to allow a variation to the extensions and alterations permitted at Brightwells House, Brightwells Road, Farnham GU9 7SB

Recommendation

That, subject to conditions 1 to 6 as set out on the Report, Listed Building Consent be GRANTED

Proposal

Application under Section 19 (Listed Building Consent) to vary Condition 6 of WA/2014/1926 (approved plan numbers) to allow a variation to the extensions and alterations permitted at Brightwells House, Brightwells Road, Farnham GU9 7SB

Public Speaking

In accordance with the Council’s arrangements for public participation at meetings, the following made representations in respect of the application, which were duly considered:

Abigail McKern – Objector

Councillor Kika Mirylees – Farnham Town Council

None - Applicant

Decision

RESOLVED that, subject to conditions 1 to 6 as set out on the Report, Listed Building Consent be GRANTED

Of the 20 Members present, 19 voted for the recommendation and one voted against.