Agenda and draft minutes

Apologies for absence were received from Councillors Chris Martin and Anila Javaid.

To receive declarations of disclosable pecuniary and other interests from Members in respect of any item to be considered at the meeting.

No declarations of interest were received.

To approve the minutes of the meeting of the Planning Committee held on 11 March 2025 as published.

The Chairman noted that there was a minor error spotted by Councillor Martin Sullivan regarding his membership of the Committee. This had been corrected in the draft minutes before the Committee this evening.

RESOLVED

That the minutes of the meeting of the Committee held on 11 March 2025 be approved and signed as a true and correct record.

To consider any business that the Chairman rules may be dealt with under Section 100B(4) of the Local Government Act 1972.

The Chairman informed the committee of an item of Urgent Business. A prior approval application for a change of use from office to residential use to provide thirty-three flats had been submitted on the 18^th February 2025 to convert a vacant office building in Church Street in Woking Town Centre.

The Planning Officer decided that the application should be refused due to the applicant failing to demonstrate that the proposed change of use would provide adequate natural light to all habitable rooms. With prior approval applications, if a decision was not made within 56 days, consent would be automatically granted. As such, a decision had to be made before the meeting to prevent a deemed approval. Although not the applicant, it was identified during determination that the Council had property interest in the site which would normally trigger a committee referral. Under the Constitution, the Strategic Director of Place was authorised to act in an emergency or in relation to an urgent matter arising in retrospect, in respect of any powers, duties, or functions of the Council.

The Strategic Director of Place had considered the options available and determined to use her urgency powers to reach a decision on the application so that a deemed approval did not occur. Prior to doing so, she consulted the Leader of the Council, the Deputy Leader of the Council, and the Chairman of the Planning Committee on the use of the urgency powers to determine the application.

The Strategic Director of Place considered the application afresh, having not been involved in the original recommendation, and decided on the 11^th April 2025 to refuse the application. and the Chairman supported that decision. Members were asked to note the decision which had been made and the reasons for the decision.

Members of the Committee were happy to note.

The Committee received a report on the planning appeals lodged and the appeal decisions.

Resolved

That the report be noted.

The Committee determined the following applications subject to the conditions, informatives, reasons for refusal or authorisation of enforcement action which appear in the published report to the Committee or as detailed in these minutes.

[NOTE: The Planning Officer advised that there was just one update to the report, and that was to add an additional document to condition two, which was the approved plan list. This update related to the tree species and the specimen shrub species to be planted on the podium, as these details had been missed off the plan that was provided. Therefore, it was necessary to provide an additional document to that list.]

The Committee considered an application for the provision of nineteen no. residential units (apartments) (Class C3) within blocks Y1 and Y4 in Phase Yellow (of the Sheerwater Regeneration) to replace the previously approved Community Centre, Health Centre and Nursery spaces and associated alterations and alterations to highways to provide a footway/cycleway connection between Blackmore Crescent and Devonshire Avenue and associated landscape proposals (part retrospective) (Amended description and plans received February 2025.

Some Members commented on the lack of three bedroom properties.

Members of the Committee broadly welcomed the application, but noted it was regrettable that it was no longer possible to replace the community centre, nursery and health centre. Following a question about possible improvement to the existing facilities, the Planning Officer advised that the application did not provide for this as there was no planning reason why the scheme would fund this. The existing facilities would remain and it may be possible in future that another party may implement improvements. The Chairman noted that the Sheerwater Development had generated significant CIL contributions, so this may be something that Ward Councillors wanted to look into with regard to possible improvements to the community centre and other facilities.

Following a question on the cabling routes for the EV charging points, the Planning Officer commented that they were not aware how easy these would be to install, but that the cabling routes would be provided for to make it possible. The Chairman commented that in some cases there were grants available for these kinds of works.

Comments were raised around the condition of the roads and kerbs in Dartmouth Avenue, with the height differential being considerable. The Planning Officer advised that the Highway Authority were aware of the issue and that a discussion had taken place between them and the developer to try to reach a resolution. The Planning Officers offered to look into this issue outside of the meeting and report back to the Members of the Committee as this issue was outside of the scope of this phase.

RESOLVED

That planning permission be GRANTED subject to:

                       i.          the prior completion of a S106 Legal Agreement and Executive Undertaking to:

a)     secure the SAMM (SPA) contribution of £17,224;

b)     to prevent any further development beyond phases Purple, Red, Yellow and Copper from occurring on the site and to ensure that any affordable housing lost from earlier phases is made up in later phases to accord to the original permissions. (This obligation relates to both the S106 Legal agreements and Executive Undertakings for both applications PLAN/2018/0337 and 15 APRIL  ...  view the full minutes text for item 6a

The Committee considered an application for the erection of a detached dwelling, together with associated car parking, cycle and refuse storage and landscaping, following demolition of the Scouts hut and outbuildings.

RESOLVED That

A.    authority be delegated to the Head of Planning (or their authorised deputy) to Grant Planning Permission subject to:

                       i.    Planning conditions set out in this report;

                      ii.   Prior completion of a Section 106 Legal Agreement to secure the required SAMM (TBH SPA) contribution; and

                     iii.   Securing the required Biodiversity Net Gain provision for the proposal.

B.    In the event that the S.106 agreement referred to at A(ii) above is not completed within 1 year of a resolution to Grant and/or the Biodiversity Net Gain provision at A(iii) above is not adequately demonstrated to have been secured, authority be delegated to the Head of Planning (or their authorised deputy) to refuse the application.

The Committee considered an application for a retrospective Variation of Conditions 1 (Approved Plans), 6 (Soft Landscaping), 7 (Hard Landscaping) and 8 (EV Charging Point) of planning permission PLAN/2023/0792 (Retrospective Variation of Condition 2 (Approved Plans) of PLAN/2022/0547 (Demolition of existing dwelling and erection of replacement dwelling)) to increase the height of the single storey rear element, two-storey front projection and ridge height and alterations to fenestration. Alterations to landscaping and EV charger and addition of solar panels.

The Chairman advised Members that this application had been considered by the Planning Committee at the last meeting on 11 March 2025. The Officer’s recommendation to approve the application, subject to conditions, was voted upon and did not carry. Members discussed grounds to refuse the application but there was no motion put forward, seconded, and voted on as regards an alternative recommendation. The application was therefore brought back to Committee for a vote/decision. Consideration of the application would continue from the point at which the item closed on 11 March 2025. This meant that the application would not be re-introduced by officers, nor would any speakers be able to address the meeting again.

The Chairman explained that he would formally move that the application be refused as that was the indicated wish of the Committee at the meeting on 11 March 2025. The Chairman moved and it was duly seconded by Councillor Tom Spenser that the application be refused on the grounds that the increased height of the single storey side/rear element would have a significant unacceptable overbearing impact on the adjoining neighbouring property at No.19 Oak Tree Road contrary to policy CS21 of the Woking Core Strategy (2012), Supplementary Planning Document ‘Outlook, Amenity, Privacy and Daylight’ (2022) and the National Planning Policy Framework (2024).’

The Committee unanimously agreed the motion to refuse the application.

The Chairman commented that the Committee had already agreed enforcement action but for clarity he asked James Rodger, Head of Planning to summarise for those interested parties. James Rodger explained that Members had previously agreed to delegate to the officers to take enforcement action. He clarified that this would involve taking enforcement action against the single storey side/rear element and will require it to be reduced in size back to that approved under planning application references PLAN/2023/0792 and PLAN/2022/0547, including the Director of Legal and Democratic Services issuing any notice under the Town and Country Planning Act required to ensure this occurs. In the event of non-compliance with any notice served undertaking a prosecution. Officers would also similarly ensure any outstanding planning conditions were complied with.

RESOLVED

That planning permission be REFUSED and ENFORCEMENT action taken for the reasons set out in these minutes.