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 10^th October 2023.

To approve the Minutes of the meeting held on 20 September 2023, and published on

the councils website, as correct record of the meeting

Members agreed that the minutes of the meeting on 20^th September 2023 were an accurate and complete 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.

There were no Declarations of Interests received.

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 10^th October 2023.

Question submitted by Mr Bob Higham, and read out by the Chair:

“My question concerns the following condition of planning attached to the granting of

planning permission issued by the Council over 6 months ago.

"The dwelling herein approved shall be provided with a fast-charge Electric Vehicle charging point (current minimum requirements - 7 kw Mode 3 with Type 2 connector - 230v AC 32 Amp single phase dedicated supply) in accordance with a scheme to be submitted within 2 months from the date of this permission and approved in writing by the Local Planning Authority and thereafter retained and maintained to the satisfaction of the Local Planning Authority"

The charging point has not been provided four months after the deadline stated in the

condition. What actions can / will the Council take so as to enforce the condition placed on the granting of planning permission?”

Response provided by the Executive Head of Planning, through the Chair:

“We thank Mr. Higham for bringing this matter to our attention. The matter will be investigated and we will report back to Mr. Higham to inform on the action that the Local Planning Authority will be taking once a full investigation has been conducted, as to whether or not there has been a breach of Planning Control.”

The Chairman to respond to any questions received from members in

accordance with Procedure Rule 11.

Submission of questions must be received by Tuesday 10^th October 2023.

The Chair, used his discretion to allow Cllr Robini to ask a question.

Cllr Robini enquired about the lack of plans, maps and drawings contained in the reports pack. Executive Head of Planning Development, Claire Upton-Brown conformed that this was a one off issue and apologised for the inconvenience.

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

Officers confirmed that there were no updates to Government Guidance or Legislation.

Change of use of land for provision of community allotments and orchards, with access off Scotland Lane, car and cycle parking spaces and associated landscaping.

Recommendation

That, subject to conditions, permission be GRANTED

The Committee resolved to GRANT permission subject to conditions 1-8.

The application was for the change of use of land for provision of community allotments and orchards, with access off Scotland Lane, car and cycle parking spaces and associated landscaping.

Representations were made by the following individuals and duly considered by the Committee:

-        Jeremy Barton (Objection)

-        Charles Collins (Support)

-        Cllr Terry Weldon (Ward Councillor)

Jeremy Barton’s Letter of Objection was circulated to Members upon the his request.

The Chair invited the committee to ask questions and debate.

The Committee expressed concerns about the future of the site, the nomination rights and legal agreement to ensure that the allotments are available to the local community. Members also sought clarity about the waiting list for allotments.

The Chair invited the Committee to vote on the recommendation.

12 Members voted in favour, 1 Member abstained and 1 Member voted against.

Therefore, the Committee resolved to GRANT permission subject to conditions 1-8.

Erection of a petrol filling station building following demolition of existing petrol filling station building; creation and alterations of parking areas; EV charging points and associated works.

Recommendation

That, subject to conditions, permission be GRANTED

The Committee resolved to GRANT permission subject to conditions 1-11, with an agreed upon amendment to Condition 7 (detailed below).

Condition 7:

Prior to commencement of development, and notwithstanding the details shown on drawing nos. 994-GA-P-01 Rev B, OSS-ANS-DR-001 Rev P03, OSS-ANS-DR-002 Rev P01 and the Landscape Design Strategy Rev B (dated July 2003), a detailed planting schedule and maintenance regime for the living/green wall and sedum roof shall be submitted to approved in writing by the Local Planning Authority. Thereafter, the development hereby approved shall not be brought into operation until the living/green wall and sedum roof have been implemented in accordance with the agreed detailed planting schedule and maintenance regime and shall thereafter be maintained in accordance with the approved details.

Reason: In the interests of the character and amenity of the area in accordance with Policy TD1 of the Local Plan 2018 (Part 1) and Policies DM4, DM11 and DM21 of the Local Plan 2023 (Part 2).”

The application was for the erection of a petrol filling station building following demolition of existing petrol filling station building; creation and alterations of parking areas; EV charging points and associated works.

Representations were made by the following individuals and were duly considered by the Committee;

-        Andrew Ayles (Support)

-        Cllr Paul Follows (Ward Councillor)

The Chair invited the Committee to ask questions and debate.

Members raised concerns in respect to the longevity and success of the proposed green wall and had asked if a condition(s) could be made more robust to deal with this matter.

Following the debate, Cllr Sullivan proposed an amendment to Condition 7 to reflect a requirement for ongoing maintenance of the green wall, with delegated authority to the Executive Head of Planning to make the change. The motion was seconded by Cllr Cockburn and gained unanimous agreement from the Committee.

The Chair invited Members to vote.

The Committee voted on the Officer’s recommendation, with the agreed upon amendment to Condition 7, and delegated authority to The Executive Head of Planning Development to make the change;

13 Members voted in favour and 2 Members abstained.

Therefore, the Committee resolved to GRANT permission subject to conditions 1-11, with delegated authority to the Executive Head of Planning Development to finalise and amend Condition 7 (amended text detailed below in red).

Condition 7:

Prior to commencement of development, and notwithstanding the details shown on drawing nos. 994-GA-P-01 Rev B, OSS-ANS-DR-001 Rev P03, OSS-ANS-DR-002 Rev P01 and the Landscape Design Strategy Rev B (dated July 2003), a detailed planting schedule and maintenance regime for the living/green wall and sedum roof shall be submitted to approved in writing by the Local Planning Authority. Thereafter, the development hereby approved shall not be brought into operation until the living/green wall and sedum roof have been implemented in accordance with the agreed detailed planting schedule and maintenance regime and shall thereafter be maintained in accordance with the approved details.

Reason: In the interests of the character and amenity of the area in accordance with Policy TD1 of the Local Plan 2018 (Part 1) and Policies DM4, DM11 and DM21 of the Local Plan 2023 (Part 2).”

Application under Regulation 3 for change of use from Class E (Commercial use) to Class C3 (Residential use).

Recommendation

That, subject to conditions, permission be GRANTED

The Committee resolved to GRANT permission subject to conditions.

The Application under Regulation 3, was for a change of use from Class E (Commercial use) to Class C3 (Residential use).

The Committee were generally in agreement with the proposals set out in the report.

The Chair invited Members to vote on the recommendation.

14 Members voted in favour.

Therefore, the Committee resolved to GRANT permission subject to conditions.

To consider, if necessary, 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 Committee agrees:

(1)  that the public be excluded from the meeting during consideration of the following matter 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 in Paragraph 3 of the revised Part 1 of Schedule 12A to the Local Government Act 1972; and

(2)  that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Paragraph 3.  Information relating to the financial or business affairs of any particular person (including the authority holding that information)

There were no matters to discuss in exempt.

To consider any legal advice relating to any applications in the agenda.

There was no legal advice given.