One additional letter of representation had been received from the Cobham Conservation and Heritage Trust.
Members were advised that at the meeting of the Planning Committee on 19 March 2019, the Committee had resolved to grant permission subject to the receipt of a satisfactory Legal Agreement securing the reduced financial contribution towards the affordable housing, the viability late review mechanism and a financial contribution towards SAMM, within 3 months of the Committee’s resolution. Should a completed Legal Agreement not be submitted within 3 months (by 19 June 2019), then authority was delegated to the Head of Planning Services to refuse planning permission for the following reason:
1. The proposal would, by reason of the lack of a Unilateral Undertaking in relation to a financial contribution for affordable housing and SAMM, be contrary to the requirements of Policies CS13 and CS21 of the Core Strategy 2011 and the Developer Contributions Supplementary Planning Document 2012.
Members were advised that in May 2019, the Cobham Conservation and Heritage Trust had made the Council aware that in their opinion the Authority had made some procedural errors in the processing of the application. Following a review of these matters, the Council had taken a number of steps as set out in the report, to ensure the correct determination of the application:
To ensure transparency of the determination process and to advise public of these changes, a further consultation had taken place and the application had been brought back to the Planning Committee for Members to have the benefit of all material considerations before the final decision was made.
The Committee considered the report and steps that had been taken and accordingly it was
Resolved that permission be granted subject to the receipt of a satisfactory Legal Agreement within one month of the Committee meeting securing the reduced financial contribution towards the affordable housing, the viability late review mechanism and a financial contribution towards SAMM. Should a completed Legal Agreement not be submitted within one month, then permission be refused for the following reasons:
Reasons for Refusal:
1. In the absence of a completed legal agreement, the proposed
development fails to secure the necessary contribution towards the
affordable housing contrary to the requirements of Policy CS21 of the
Elmbridge Core Strategy 2011 and the Developer Contributions SPD
2. Due to the lack of a legal agreement to secure a financial contribution
towards the Strategic Access Management and Monitoring (SAMM), the
Local Planning Authority is unable to satisfy itself that the proposal
would not result in any adverse impact on the integrity of the Thames
Basin Heaths Special Protection Area. As such, the proposal is contrary
to the Policy CS13 of the Elmbridge Core Strategy 2011, the revised
NPPF 2019 and the Developer Contributions SPD 2012.