Agenda and minutes

Area Planning Committee (Southern)
Wednesday, 24th October, 2018 6.00 pm

Venue: Council Chamber, Council Offices, The Burys, Godalming

Contact: Ema Dearsley  Democratic Services Officer

Items
No. Item

34.

Minutes

To confirm the minutes of the meeting held on 26 September 2018 (to be laid on the table half an hour before the meeting).

Minutes:

The minutes of the meeting held on 26 September 2018 were confirmed and signed.

35.

Apologies for Absence

To receive any apologies for absence.

Minutes:

There were apologies for absence from Councillors Jim Edwards, Christiaan Hesse, Robert Knowles, Stephen Mulliner.

36.

Disclosure of Interests

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.

Minutes:

All Councillors on Haslemere Town Council declared a non-pecuniary interest with items on the agenda.

37.

Questions by Members of the Public

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

 

The deadline for the receipt of questions is 17 October 2018.

Minutes:

There were none.

38.

QUESTIONS FROM MEMBERS

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

 

The deadline for the receipt of questions is 17 October 2018.

 

Minutes:

There were none.

39.

Any Relevant Updates to Government Guidance or Legislation Since the Last Meeting

Officers to update the Committee on any changes to the planning environment of which they should be aware when making decisions.

Minutes:

Beth Howland-Smith, The Development Manager advised that on 1st October, Regulations governing the imposition of pre-commencement conditions came into force. From this date, planning permission may not be granted subject to a pre-commencement condition without the written agreement of the applicant to the terms of the condition except with the exception of specific circumstances.

 

For clarity, a pre-commencement condition for this purpose was one which was imposed on a grant of full planning permission (but not an outline permission) and which must be complied with either before any building or operation comprised in the development was begun, or in the case of change of use, before the material change of use occurs. The rationale behind this piece of legislation was the hope that local planning authorities would discuss conditions (including any pre-commencement conditions) during the processing of the application and before a final decision was made. The local planning authority was expected to share with the applicant any draft pre-commencement conditions at the earliest possible opportunity. If the applicant confirmed their agreement to a pre-commencement condition in writing, then the precommencement condition could be imposed. Where the local planning authority had not been able to obtain written agreement, it can serve a notice under the Regulations which must state the condition, the full reasons for proposing it and an instruction that any substantive response must be received within 10 working days from the date the notice was given. If the local planning authority did not receive a substantive response, the condition could be imposed without the written agreement of the applicant. This meant that Planning Committees could no longer impose pre-commencement conditions. It would therefore be imperative for officers and Members to engage early on in the application process if it was considered that pre-commencement conditions were required. On occasion, there would be times when the committee, upon reflection, would like to see an additional condition imposed which would ordinarily be a pre-commencement condition. In cases such as these, it may be that the desired outcome could be achieved using alternative wording such as “prior to any above ground works” or “prior to occupation” in order for it not to constitute a pre-commencement condition. The appropriateness of this will need to be decided on a case by case business which highlights the need for early officer/Member engagement.

 

If it became apparent during a Committee meeting that a pre-commencement condition was essential, the Committee resolution to approve will need to be subject to a time period for agreement from the applicant and a full reason for refusal will need to be drafted by the Committee in the event that the applicant did not agree. The Committee would need be satisfied that, in the absence of this condition, the application would be fundamentally unacceptable so that a refusal on this basis could be robustly defended at appeal.

40.

Performance Against Government Targets pdf icon PDF 50 KB

Planning Performance and the Government target on quality on planning decision making will now be a standard item on the Area Planning Committee agenda. This was an agreed recommendation at Executive on 28 November 2017 and is part of the Development Management Service Improvement Plan.

 

The latest available statistics are attached.

Minutes:

The Committee noted the performance report.

41.

Applications for Planning Permission

Background Papers

 

Background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to reports are listed under the “Representations” heading for each planning application presented, or may be individually identified under a heading “Background Papers”.

 

The implications for crime, disorder and community safety have been appraised in the following applications but it is not considered that any consideration of that type arises unless it is specifically referred to in a particular report.

 

Minutes:

RESOLVED that the applications for planning permission be determined as set out below.

42.

A1 - WA/2017/1962 - Churt Place Nursery, Tilford Road, Churt GU10 2LN pdf icon PDF 787 KB

Proposal

Erection of 18 dwellings with new access, closure of existing access and associated works following demolition of existing buildings (as amended by plans received 14/09/2018 and 09/10/2018 and additional information received 15/05/2018)

 

Recommendations

 

RECOMMENDATION A

That, subject to conditions and a S106 agreement to secure on site affordable housing, contributions towards education, transport infrastructure, the upgrading of leisure facilities and the upgrading of facilities at Frensham Great Pond, permission be GRANTED.

 

RECOMMENDATION B

That, in the event that the requirements of Recommendation A are not met within 6 months of the date of the resolution to grant permission, then permission be REFUSED.

 

 

 

Additional documents:

Minutes:

Proposal

Erection of 18 dwellings with new access, closure of existing access and associated works following demolition of existing buildings (as amended by plans received 14/09/2018 and 09/10/2018 and additional information received 15/05/2018)

 

Decisions

 

Decision A

That, subject to amended condition 1 and conditions 2 – 29 on the agenda report and a S106 agreement to secure on site affordable housing, off site dormice mitigation habitat, contributions towards education, transport infrastructure, the upgrading of leisure facilities and the upgrading of facilities at Frensham Great Pond, permission be GRANTED.

 

Decision B

That, in the event that the requirements of Recommendation A are not met within 6 months of the date of the resolution to grant permission, then permission be REFUSED with the 3 reasons as noted in the update sheet.

 

 

[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:

 

Objector          -           None

Supporter        -           Nick Cobbald and James Green (time shared)]