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Waverley Borough Council Committee System - Committee Document

Meeting of the Council held on 02/02/2004
APPENDIX A - EAST STREET DEVELOPMENT - LANDOWNER SANCTION



Summary & Purpose
This report sets out the latest position on the East Street redevelopment Masterplan submitted by the Council’s selected development partner, Crest Nicholson Sainsburys (CNS). It sets out the results of discussion at the meeting of the Corporate Overview and Scrutiny Committee meeting on 26th January 2004.

Quality of Life Implications
Natural Resource Use
Pollution Prevention and Control
Biodiversity and Nature
Local Environment
Social Inclusion
Safe Communities
Local Economy
Natural
Resource Use
Pollution
Prevention and Control
Biodiversity
and Nature
Local
Environment
Social
Inclusion
Safe, Healthy
and Active
Communities
Local
Economy
Positive
Positive
Positive
Positive
Positive
Positive
Positive


APPENDIX A
WAVERLEY BOROUGH COUNCIL

SPECIAL EXECUTIVE AND COUNCIL – 2ND FEBRUARY 2004
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Title:
EAST STREET DEVELOPMENT – LANDOWNER SANCTION

[Wards Affected: All Wards]
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Note pursuant to Section 100B(5) of the Local Government Act 1972

The (Exempt) Annexes to this report contain exempt information by virtue of which the public is likely to be excluded during the item to which the report relates, as specified in of Part I of Schedule 12A to the Local Government Act 1972, namely:-

Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services. (Paragraph 9)

Any instructions to Counsel and any opinion of Counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with:-

(a) any legal proceedings by or against the authority; or

(b) the determination of any matter affecting the authority;

(whether, in either case, proceedings have been commenced or are in contemplation). (Paragraph 12) Summary and purpose:

This report sets out the latest position on the East Street redevelopment Masterplan submitted by the Council’s selected development partner, Crest Nicholson Sainsburys (CNS). It sets out the results of discussion at the meeting of the Corporate Overview and Scrutiny Committee meeting on 26th January 2004.
_________________________________________________________________________
Quality of life implications – social, environmental & economic (sustainable development):

Natural Resource Use
Pollution Prevention and Control
Biodiversity and Nature
Local Environment
Social Inclusion
Safe, Healthy and Active Communities
Local Economy
Positive
Positive
Positive
Positive
Positive
Positive
Positive
_________________________________________________________________________
Introduction

1. The Corporate Overview and Scrutiny Committee discussed in detail the expectations of, in particular, Farnham members of the development and put forward suggestions for improving the Masterplan. It wished officers to approach CNS to discuss these ideas, and accordingly proposed delaying consideration of landowners consent. Annexe 7 sets out a summary of the Committee’s conclusions.

Exempt Status

2. The officers had initially considered that the whole of the Masterplan written submission and detailed plans should remain as exempt due to continuing negotiations with CNS until the point where the Council makes its decision on landowner sanction. However, at the request of the Corporate Overview and Scrutiny Committee Annexe 8 sets out those areas that can be made public at this stage. Members are reminded that any disclosure of the areas that remain exempt could damage the Council’s position in these negotiations (in the originally circulated (Exempt) Annexe 2).

Master Plan Review Process

3. The Officers have been in detailed discussions with CNS and their Architects over the last year. The previously circulated report explained that detailed plans are available for inspection by Members on request to Miller Stevenson, and will be displayed at the meeting. The Property and Development Manager will also be available from 6.00 p.m. on the evening to go through the plans.

4. If the Executive and Council agree the proposals of the Corporate Overview and Scrutiny Committee and agree the proposal to delay and approach CNS, the Officers will submit a revised draft timetable for the landowner sanction process to the March cycle of meetings.

Financial Appraisal

5. The Council commissioned Cluttons to analyse the revised Masterplan and different elements of the plan. An updated (Exempt) Annexe is attached at (Exempt) Annexe 6A.

Legal Implications

6. The Council is obliged to obtain best consideration for the contribution it is making (in land) to the development project. When a Masterplan has been approved, the planning merits of the scheme will be given the consideration required by planning legislation. The obligations of land ownership, and of local planning authority have been conferred on the Council, as the local district authority, by Parliament.

7. The decisions so far, having taken account of planning policy in devising the Development Brief, have incorporated planning considerations in an appropriate manner and to a proper extent. When landowner's sanction has been given, there will be further consultations on the application with reference to the specific details, so that assessments can be made bearing in mind the potential impact of the specific proposals.

8. The Council must have regard to professional advice which has been secured for members who are required to make a decision for the benefit of residents of the borough, present and future. In addition, advice of officers, in particular those with responsibility for financial and asset management must be given proper weight. The goals the Council has set for itself in proposing the regeneration project for East Street must also be taken into account when considering the Masterplan. The development proposed by the Masterplan should accord with the need to optimise return on the site, and secure planning, economic, housing, leisure and environmental benefits.

9. The Solicitor to the Council tabled at the Corporate Overview and Scrutiny Committee a Counsel’s opinion obtained in early January 2004. This is now attached with a covering note from the Solicitor to the Council as (Exempt) Annexe 9.

Conclusion

10. The SIG has concluded that the Masterplan has satisfactorily dealt with the key issues raised by the Council.

11. Officers recommended to the last Executive and to the Corporate Overview and Scrutiny Committee that the Masterplan offered the best balance of benefits to Farnham and the whole of Waverley Borough and that landowner sanction should be granted.

12. The Corporate Overview and Scrutiny Committee however agreed that CNS should be asked to further refine the scheme as set out in Annexe 1, and the Executive is asked to take these observations into account, together with any further observations members of the Executive may wish to make, before making a recommendation to the Special Council meeting later that evening.
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Background Papers (DP&D)

There are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report.
________________________________________________________________________

CONTACT OFFICER:

Name: Miller Stevenson Telephone: 01483 523455
E-mail: mstevenson@waverley.gov.uk

Robin Pellow Telephone: 01483 523222
E-mail: rpellow@waverley.gov.uk

COMMS/EXECUTIVE/2003-04/457