Agenda item

Proposal

Application under Section 73 to vary Conditions 2, 3, 5 & 8 of WA/2016/2456 (conditions relate to approved plan numbers, access, turning and parking) to allow change to affordable housing provision, addition of conservatories to Plots 1, 3, 38, 40 and 43, alterations to layout and amendments to Plots 34 and 35 to alter from semi-detached to detached dwellings.

Recommendations

RECOMMENDATION A

That permission be GRANTED subject to the conditions 1-25 and informative 1-4 outlined in the agenda report.

RECOMMENDATION B

That, in the event the requirements of recommendation A are not met within 6 months of the resolution, permission be REFUSED for the reason outlined in the agenda report.

Proposed development

Application under Section 73 to vary Conditions 2, 3, 5 & 8 of WA/2016/2456 (conditions relate to approved plan numbers, access, turning and parking) to allow change to affordable housing provision, addition of conservatories to Plots 1, 3, 38, 40 and 43, alterations to layout and amendments to Plots 34 and 35 to alter from semi-detached to detached dwellings.

With reference to the report circulated with the agenda, Officers presented a summary of the planning context for making a decision on the application, and then outlined the proposed development including site plans and the layout. Officers outlined the determining issues and those matters of a more subjective nature.

The Committee noted that the application had been brought to the Committee at the request of the Head of Planning. It was noted that the principle of development had been established by the granting of planning permission WA/2016/2456 at appeal. And, whilst the applicant is applying for a variation of Conditions 2, 3, 5 and 8 of that permission, under Section 73 of the Town and Country Planning Act 1990 (as amended), the proposal was, in effect, a fresh application for the entire development, albeit with a variation to Conditions 2, 3, 5 and 8.

The Committee noted that the appeal decision was issued the day after the adoption of the Waverley Borough Local Plan Part 1 2018 (although the decision notice was corrected 05 March 2018) and it was not recognised in the Inspectors decision that this did not form part of the Development Plan.  He did, however recognise that significant weight should be given to the Local Plan Part 1 and in any event, he found that the proposal was in accordance with this document.

Debate

The Committee considered the application and was very disappointed with the amendments to the provision of affordable housing. Members noted that In allowing the appeal, whilst the Inspector acknowledged the provision of 18 affordable dwellings on the site exceeded the requirements of Policy H5 of the Local Plan 2002 and Policy ANH1 of the Draft Local Plan (Part 1) 2018, he did not attach any material weight to this, nor did he consider this excess a benefit to the scheme that would otherwise outweigh any harm, as he considered the proposal to accord with the Development Plan in all other respects. It therefore follows that the Inspectors decision to allow the scheme would not have differed if 30% affordable housing was secured (in accordance with the draft Local Plan Policy), rather than 43%. Furthermore, the Council’s current Local Plan (Part 1) 2018 sought 30% affordable housing on all development sites and the proposal complies with this requirement.

Members felt that a new application should be submitted as felt that this was materially different. Officers did advise Members against this, as it was a highly material planning consideration that there was an existing permission which could be implemented on site. It would be inappropriate and unreasonable to revisit the principle of the entire development.

At the conclusion of the debate, the Chairman moved to the recommendations in the update sheet. Recommendation A there were 7 in favour, 10 against and 1 abstentions so the motion was not carried. Therefore an alternative motion for refusal was put that was 10 in favour, 6 against and 2 abstentions.

Decision

RESOLVED that the application be refused for the following reasons:

1.      Reason

The proposed amendment is not considered to be a minor material amendment because the reduction in affordable housing would be substantially different in nature to the approved scheme and as such, the proposal would not be in accordance with Section 73 of the Town and Country Planning Act 1990.

2.      Reason

In the absence of a completed legal agreement, the proposal would fail to secure contributions towards education, leisure, recycling containers and highway works and, as such, would fail to mitigate the effects of the proposal upon infrastructure. It would therefore conflict with Policies ICS1 and ST1 of the Local Plan Part 1: Strategic Policies and Sites 2018 and Policies FNP30 and FNP32 of the Farnham Neighbourhood Plan 2017.

3.      Reason

In the absence of a completed legal agreement, the proposal would fail to provide appropriate on site affordable housing and as such, the development would fail to provide a sustainable, inclusive and mixed community.  The proposal would be contrary to Policy ANH1 of the Local Plan Part 1: Strategic Policies and Sites 2018 and paragraphs 62 and 64 of the NPPF 2018.

4.      Reason

In the absence of a completed legal agreement, the proposal would have a likely adverse effect on the integrity of the Thames Basin Heaths Special Protection Area (SPA) in that it is now widely recognised that increasing urbanisation of the area around the SPA has a continuing adverse effect on its interest features, namely Nightjar, Woodlark and Dartford Warbler, the three internationally rare bird species for which it is classified. Accordingly, since the planning authority is not satisfied that Regulation 62 of the Conservation of Habitats and Species Regulations 2010 (The Habitats Regulations) applies in this case, it must refuse permission in accordance with Regulation 61(5) of the Habitats Regulations and Article 6(3) of Directive 92/43/EE. The proposal conflicts with Policy NRM6 of the South East Plan, Policies NE1 and NE3 of the Local Plan Part 1: Strategic Policies and Sites 2018 and Policies FNP12 and FNP13 of the Farnham Neighbourhood Plan 2017.