LAND MANAGEMENT - EGLEY ROAD, WOKING, SURREY

Transcription

1 Agenda Item No. 10 EECUTIVE - 15 OCTOBER 2015 Executive Summary LAND MANAGEMENT - EGLEY ROAD, WOKING, SURREY This report recommends that the Executive agrees to give effect to certain requirements of the local planning authority if it is minded to grant planning permission for a development of land owned by the Council at Egley Road, Woking (PLAN/2015/0703). Reasons for Decision To enable the local planning authority to be certain that its requirements will be met if it is minded to grant the planning permission sought. Recommendations The Executive is requested to: RESOLVE That (i) (ii) (iii) (iv) the Council shall give effect to the obligations set out in Recommendation 2 of the Head of Planning Services report to the Planning Committee on 20 October 2015 (see pages 2-4 and of the report) on planning application PLAN/2015/0703 if (a) the local planning authority grants planning permission for the proposed development and (b) that planning permission is implemented by, or on behalf of, the Council; the Council shall procure that any third-party to whom it grants an interest in the Council-owned land is bound by the obligations set out in Recommendation 2 of the Head of Planning Services report to the Planning Committee on 20 October 2015 (see pages 2-4 and of the report) on planning application PLAN/2015/0703; no development shall be commenced on the Council-owned land at Egley Road, Woking, pursuant to planning permission granted under Reference PLAN/2015/0703, without the express agreement of the Executive; and Resolves (i), (ii) and (iii) above are urgent and will take immediate effect (so are not subject to call-in). This is because any delay likely to be caused by the call-in process would be seriously prejudicial to the Council s interests (as it is necessary that the local planning authority is aware, when it considers planning application PLAN/2015/0703 on 20 October 2015, whether the Council (as landowner) is prepared to give effect to the obligations recommended by the Head of Planning Services). The Executive has authority to determine the above recommendations. Background Papers: Report to Planning Committee on PLAN/2015/0703. Sustainability Impact Assessment Equalities Impact Assessment 1 EE15-053

2 Land Management - Egley Road, Woking, Surrey Reporting Person: Peter Bryant, Head of Democratic and Legal Services Ext. 3030, E Mail: Peter.Bryant@woking.gov.uk Contact Person: Peter Bryant, Head of Democratic and Legal Services Ext. 3030, E Mail: Peter.Bryant@woking.gov.uk Portfolio Holder: Cllr John Kingsbury E Mail: cllrjohn.kingsbury@woking.gov.uk Shadow Portfolio Holder: Cllr Ian Johnson E Mail:cllrian.johnson@woking.gov.uk Date Published: 14 October

3 Land Management - Egley Road, Woking, Surrey 1.0 Introduction 1.1 At its meeting on 12 February 2015, Council resolved as follows: subject to the confirmation of EFA funding its part of the site, the provision of the Hoe Valley School on a permanent site be supported as set out in the Part 2 Resolution at Appendix 8 to the Executive report, as amended, and in the confidential Executive minute. 1.2 The Executive report and confidential minute referred to in the Council s resolution relate to the meeting of the Executive on 15 January The proposed permanent site for the Hoe Valley School is Council-owned land at Egley Road, Woking. 1.4 The Hoe Valley School has submitted a full application to the Council in its capacity as local planning authority. PLAN/2015/0703 seeks planning permission for the following development: Demolition of existing barn and erection of replacement barn (including temporary provision of three storage containers); engineering works to alter site levels; formation of new access to Egley Road and improvement of existing field access to provide emergency vehicle access; erection of three storey building for use as school and leisure centre; formation of 8-lane athletics track; formation of 2 x grass football pitches, 3 x 5-aside football pitches and 2 x multi-use games areas (MUGAs); formation of car park including bus/coach drop-off area; erection of sports amenity lighting; hard and soft landscaping and ancillary works including ancillary structures. The application is due to be considered by the Planning Committee on 20 October 2015 (a copy of the Planning Committee report is appended as Appendix 1). 1.5 The application site is shown edged red on the plan appended as Appendix 2. This majority of the application site is owned by the Council, with the remainder being highway land or land owned by a third-party. The extent of the land owned by the Council is shown edged red on the plan appended as Appendix Section 106 Obligations 2.1 Normally, if planning permission was granted by the local planning authority for a development of this nature, it would be subject to the prior completion of a Section 106 Agreement (which would impose obligations which are not capable of being the subject of conditions attached to the planning permission). The Council (as landowner) cannot enter into a Section 106 Agreement with itself (as local planning authority). It is, therefore, necessary for the Council (as landowner) to give effect to the requirements of the local planning authority in another way. This can be achieved by the Executive resolving as recommended in this report. 2.2 The obligations that the Head of Planning Services is recommending the local planning authority should impose, if it is minded to grant planning permission, are set out in Recommendation 2 of the report to the Planning Committee (see pages 2-4 and of the report). 2.3 It is recommended that the Executive should agree to give effect to these obligations if (i) the local planning authority grants planning permission for the proposed development and (ii) that planning permission is implemented by, or on behalf of, the Council. It is also 3

4 Land Management - Egley Road, Woking, Surrey recommended that the Executive should agree that it will procure that any third-party to whom it grants an interest in the Council-owned land is bound by the obligations. 2.4 For the avoidance of doubt, the Executive is not considering the planning merits of the proposed development. These will be determined by the local planning authority. 2.5 The decisions required of the Executive are urgent, so not subject to call-in. This is because any delay likely to be caused by the call-in process would be seriously prejudicial to the Council s interests (as it is necessary that the local planning authority is aware, when it considers the planning application on 20 October 2015, whether the Council (as landowner) is prepared to give effect to the obligations recommended by the Head of Planning Services). 3.0 Implications Financial 3.1 In agreeing the recommendations, the Executive will not be incurring any expense or financial commitment. The proposed decisions will just enable the local planning authority to consider the planning application and be satisfied that, if it grants planning permission, the obligations it would normally impose in a Section 106 Agreement can be given effect to. 3.2 A further report will be submitted to the Executive when negotiations with the Education Funding Agency ( EFA ) have been completed. Subject to the outcome of those negotiations, this further report will seek the Executive s authority to proceed with the project. The Council s current position is that it will finance the sports and community use elements of the project, whilst the EFA will finance the education elements. 3.3 The recommendations to the Executive make it clear that no development is to be commenced on the Council-owned land, pursuant to any planning permission granted, without the express agreement of the Executive. Human Resource/Training and Development 3.4 None. Community Safety 3.5 None. Risk Management 3.6 None. Sustainability 3.7 None, arising directly from the decisions recommended to the Executive in this report. Equalities 3.8 None, arising directly from the decisions recommended to the Executive in this report. 4.0 Consultations 4.1 The Leader of the Council has been consulted. REPORT ENDS EE

5 Land Management - Egley Road, Woking, Surrey APPENDICES 5

6 Eliminate discriminatio n Advance equality Good relations Equality Impact Assessment The purpose of this assessment is to improve the work of the Council by making sure that it does not discriminate against any individual or group and that, where possible, it promotes equality. The Council has a legal duty to comply with equalities legislation and this template enables you to consider the impact (positive or negative) a strategy, policy, project or service may have upon the protected groups. Positive impact? Negative impact? No specific impact What will the impact be? If the impact is negative how can it be mitigated? (action) THIS SECTION NEEDS TO BE COMPLETED AS EVIDENCE OF WHAT THE POSITIVE IMPACT IS OR WHAT ACTIONS ARE BEING TAKEN TO MITIGATE ANY NEGATIVE IMPACTS Gender Men Women Gender Reassignment White Mixed/Multiple ethnic groups Race Asian/Asian British Black/African/Caribbean/ Black British Gypsies / travellers Other ethnic group 6

7 Eliminate discriminatio n Advance equality Good relations Positive impact? Negative impact? No specific impact What will the impact be? If the impact is negative how can it be mitigated? (action) THIS SECTION NEEDS TO BE COMPLETED AS EVIDENCE OF WHAT THE POSITIVE IMPACT IS OR WHAT ACTIONS ARE BEING TAKEN TO MITIGATE ANY NEGATIVE IMPACTS Disability Sexual Orientation Age Religion or Belief Physical Sensory Learning Difficulties Mental Health Lesbian, gay men, bisexual Older people (50+) Younger people (16-25) Faith Groups Pregnancy & maternity Marriage & Civil Partnership Socio-economic Background The purpose of the Equality Impact Assessment is to improve the work of the Council by making sure it does not discriminate against any individual or group and that, where possible, it promotes equality. The assessment is quick and straightforward to undertake but it is an important step to make sure that individuals and teams think carefully about the likely impact of their work on people in Woking and take action to improve strategies, policies, services and projects, where appropriate. Further details and guidance on completing the form are available. 7

8 Sustainability Impact Assessment Officers preparing a committee report are required to complete a Sustainability Impact Assessment. Sustainability is one of the Council s cross-cutting themes and the Council has made a corporate commitment to address the social, economic and environmental effects of activities across Business Units. The purpose of this Impact Assessment is to record any positive or negative impacts this decision, project or programme is likely to have on each of the Council s Sustainability Themes. For assistance with completing the Impact Assessment, please refer to the instructions below. Further details and guidance on completing the form are available. Theme (Potential impacts of the project) Positive Impact Negative Impact No specific impact What will the impact be? If the impact is negative, how can it be mitigated? (action) Use of energy, water, minerals and materials Waste generation / sustainable waste management Pollution to air, land and water Factors that contribute to Climate Change Protection of and access to the natural environment Travel choices that do not rely on the car A strong, diverse and sustainable local economy Meet local needs locally Opportunities for education and information Provision of appropriate and sustainable housing Personal safety and reduced fear of crime Equality in health and good health Access to cultural and leisure facilities Social inclusion / engage and consult communities Equal opportunities for the whole community Contribute to Woking s pride of place 8