Agenda, decisions and minutes

To receive any apologies for absence and substitutes.

Where a Member of the Committee is unable to attend a substitute Member may attend, speak and vote in their place at that meeting.

Members are advised that in order for a substitute to be arranged a Member must give four (4) clear working days’ notice of their apologies.

For this meeting the latest date apologies can be given for a substitute to be arranged is Tuesday 21 March 2023.

Apologies for absence were received from Cllr Sally Dickson. There were no substitutes in attendance.

To approve the Minutes of the meeting held on 11 January 2023, and published on the Council’s Website, as correct record of the meeting.

The minutes of the meeting held on 11 January 2023, and published on the Council’s website, was agreed as a correct record.

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.

Cllr Brian Edmonds declared a Non-registerable interest as he had been part of a request to the Secretary of State for a screening direction following a disagreement with the Waverley BC Local Planning Authority’s (LPA) screening opinion.

The Chairman to respond to any questions received from members of the public in accordance with Procedure Rule 10.

Submission of questions must be received by Tuesday 21 March 2023.

There were no questions submitted by Members of the Public.

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

Submission of questions must be received by Tuesday 21 March 2023.

Cllr Jerry Hyman had submitted the following question:

‘Numerous Councillors bemoan an apparent inability to influence the time taken by developers to carry out developments following Approval.  

One cause of delay is the increasingly serious practise of delaying completion of s106 Agreements, gaining developers up to two additional years (in addition to the national 3-year constraint and Reserved Matters allowed).   There is currently no provision within the Constitution whereby extensions to the time limit set by Councillors can be overturned by formal or informal agreement, so to do so would be ultra vires.   

Does the Chairman accept that to allow Members' decisions to be overturned, without bringing the decision back to Committee prior to expiry, will encourage delay in the build-out of developments and should not be supported ?’

Claire Upton-Brown, Executive Head of Planning and Development, responded to his question explaining that it had previously understood that the Chair and Vice Chair had delegated authority to agree the s106 extensions. This has now been clarified and it has been confirmed that the constitution does not set out this delegation so all future requests for extensions would come to committee.

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

Members were informed that LPP2 had now been adopted by full council therefore all future applications will be dealt with in conjunction with requirements set out in LPP1 and 2. Part 2 does not affect either of the applications being considered at this meeting.

Requests for site visits should be submitted within five working days after the publication of the agenda.  Site visits will be held on the Friday prior to the meeting at 10am or 2pm.

Background Papers

Background papers (as defined by Section 100D(5) of the Local Government Act 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.

Erection of one detached dwelling and garage following the demolition of the existing garage

Recommendation

That, subject to the applicant entering into an appropriate S106 Agreement securing a financial contribution towards the provision of Suitable Alternative Natural Greenspace (SANG) within the 5km buffer of the Thames Basin Heath SPA; and to facilitate any works required in respect of the access across land classified as Common Land and that the necessary statutory processes as per the Commons Act 2006 have been sought and secured prior to the commencement of the development, and subject to the conditions listed below, permission be GRANTED

Erection of one detached dwelling and garage following the demolition of the existing garage

Decision

Subject to the applicant entering into an appropriate S106 Agreement securing a financial contribution towards the provision of Suitable Alternative Natural Greenspace (SANG) within the 5km buffer of the Thames Basin Heath SPA; and to facilitate any works required in respect of the access across land classified as Common Land and that the necessary statutory processes as per the Commons Act 2006 have been sought and secured prior to the commencement of the development, and subject to the conditions listed Planning Permission is GRANTED.

Erection of one detached dwelling and garage following the demolition of the existing garage

Public Speaking

In accordance with the Council’s public speaking scheme, the following made representations which were duly considered:

Mark Cook – in objection

Tom Garsted Bennet – in support

Following the debate, the Committee voted in favour of the officers’ recommendation to grant permission 11 in favour, 1 against and 1 abstentions.

Decision

Subject to the applicant entering into an appropriate S106 Agreement securing a financial contribution towards the provision of Suitable Alternative Natural Greenspace (SANG) within the 5km buffer of the Thames Basin Heath SPA; and to facilitate any works required in respect of the access across land classified as Common Land and that the necessary statutory processes as per the Commons Act 2006 have been sought and secured prior to the commencement of the development, and subject to the conditions listed Planning Permission is GRANTED.

This application is being referred back to the Western Planning Committee as the completion of the S106 agreement has gone past the 6 months that was originally agreed by the Council as the period in which it should be completed by, from the resolution to grant at Western Planning Committee in May 2021. Officers are seeking to extend the resolution to grant until 29th June 2023.

Revised recommendation

As a result of the changes outlined in the report, the amended resolution would be:

Recommendation A

That, subject to the applicant entering into an appropriate legal agreement by 29/06/2023 (unless an alternative date is subsequently agreed by the Chair and Vice Chair of the Planning Committee) to secure the provision of 30% affordable housing (70% rented and 30% shared ownership) contributions towards SANG and SAMM, travel plan contribution, £25,000 for highways improvement works, provision of car club scheme, sustainable travel vouchers for each dwelling SuDS management/ maintenance, open space management/ maintenance; provision of LEAP/LAP; contribution towards waste and recycling containers; subject to conditions and informatives, permission be GRANTED.

Recommendation B

That, in the event that the requirements of Recommendation A are not met, permission be REFUSED.

The application was being referred back to the Western Planning Committee as the completion of the S106 agreement has gone past the 6 months that was originally agreed by the Council as the period in which it should be completed by, from the resolution to grant at Western Planning Committee in May 2021. Officers were seeking to extend the resolution to grant until 29th June 2023.

Revised recommendation

As a result of the changes outlined in the report, the amended resolution would be:

Decision A

Subject to the applicant entering into an appropriate legal agreement by 29/06/2023 to secure the provision of 30% affordable housing (70% rented and 30% shared ownership) contributions towards SANG and SAMM, travel plan contribution, £25,000 for highways improvement works, provision of car club scheme, sustainable travel vouchers for each dwelling SuDS management/ maintenance, open space management/ maintenance; provision of LEAP/LAP; contribution towards waste and recycling containers; and subject to conditions and informatives, permission is GRANTED.        

Decision B

In the event that the requirements of Decision A are not met, permission is REFUSED.

The application was being referred back to the Western Planning Committee as the completion of the S106 agreement has gone past the 6 months that was originally agreed by the Council as the period in which it should be completed by, from the resolution to grant at Western Planning Committee in May 2021. Officers were seeking to extend the resolution to grant until 29th June 2023.

During the debate Cllrs Simon Dear and George Hesse left the meeting.

Following the debate, the Committee voted in favour of the officers’ recommendation to grant permission 10 in favour, 1 against and no abstentions.

Decision

As a result of the changes outlined in the report, the amended resolution would be:

Decision A

Subject to the applicant entering into an appropriate legal agreement by 29/06/2023 to secure the provision of 30% affordable housing (70% rented and 30% shared ownership) contributions towards SANG and SAMM, travel plan contribution, £25,000 for highways improvement works, provision of car club scheme, sustainable travel vouchers for each dwelling SuDS management/ maintenance, open space management/ maintenance; provision of LEAP/LAP; contribution towards waste and recycling containers; and subject to conditions and informatives, permission is GRANTED.        

Decision B

In the event that the requirements of Decision A are not met, permission is REFUSED.

To consider the following recommendation on the motion of the Chairman:

Recommendation

That, pursuant to Procedure Rule 20 and in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following item on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during the item, there would be disclosure to them of exempt information (as defined by Section 100I of the Act) of the description specified at the meeting in the revised Part 1 of Schedule 12A to the Local Government Act 1972

There were no items to discuss in exempt session so the Chair closed the meeting.