AGENDA - 28TH JANUARY 2003 : Development Control Committee on 28/01/2003

Waverley Borough Council Committee System - Committee Document

Meeting of the Development Control Committee held on 28/01/2003
AGENDA - 28TH JANUARY 2003

AGENDA

1. MINUTES

To confirm the Minutes of the Meeting held on 26th November 2002 (to be laid on the table half an hour before the meeting).

2. APOLOGIES FOR ABSENCE AND SUBSTITUTIONS

To receive apologies for absence and report any substitutions.

3. DISCLOSURE OF INTERESTS

To receive from members, in relation to any items included on the agenda for this meeting, disclosure of any interests which are required to be disclosed by Section 94 (1) of the Local Government Act 1972 and in accordance with the Waverley Code of Local Government Conduct.

4. QUESTIONS BY MEMBERS OF THE PUBLIC

The Chairman to respond to any questions received from members of the public of which notice has been given in accordance with Procedure Rule 10.

5. PLANNING APPLICATIONS – SITE INSPECTIONS

Applications for consideration following Site Inspections

At its meeting on 26th November the Committee deferred consideration of the under-mentioned planning application to inspect the site in question. The Site Inspection was scheduled for 14th January 2003 and the report on the application is submitted for the Committee’s consideration.

In considering the report, the attention of the Committee is drawn to the decision of the Planning Committee, endorsed by the Council, that if an application is deferred to enable a Site Inspection to be held, there should be no further deferments for second or future Site Inspections.

(i) WA02/0962 Demolition of existing CDT classroom and removal of temporary classrooms. Erection of a new classroom block and dance/drama studio at St Hilary’s School, Holloway Hill, Godalming

	Grid Reference:	E: 496659 N: 143387
	Town:	Godalming
	Development Plan:	Developed area. ASEQ (Godalming Hillsides). TPO
	Ward:	Godalming South East
	Highway Authority:	No requirements
	Drainage Authority:	No requirements

	Town Council:	Original Proposal : The Council observes that the application will increase the “footage” from 196 square metres to 476 square metres. The Council objects to the application on the grounds of over-development; the excessive increase it will create in traffic levels; and the visual impact and the detrimental effect on the general amenity of neighbours.
		First set of additional information : Raise objection on grounds of:- 1. overdevelopment; 2. excessive traffic increase; 3. visual impact; 4. detrimental effect on the general amenity of neighbours.
		Second set of additional information/amendments : No objection.
	Consultations:	Borough Environmental Health Officer – Report that having considered the information received, confirm that there is no objection to the proposal. However, suggests conditions to control dust and construction hours.
	Representations:	Original Proposal – 20 individual letters of objection and one letter signed by 14 residents of Summerhouse Road/Close, Tuesley Lane and Braemar Close, on the following grounds:- 1. double floor area of existing classrooms; 2. different location to existing classrooms; 3. increased traffic and affect road safety; 4. inadequate car parking; 5. out of school hours use; 6. impact on trees; 7. contrary to DP policies; 8. affect wildlife – request ecology report; 9. increase pupil numbers; 10. loss of residential amenity – noise, light and overlooking;
		11. diminish wooded appearance of Godalming hillsides; 12. inappropriate development for such an area; 13. sited close to residential property boundaries; 14. school already has good standard of facilities – question need for the additional facilities proposed; 15. increase noise/disturbance at evenings and weekends – plans show terrace (doors on east elevation); 16. alternative siting should be sought; 17. existing hall already hired out.
		First set of additional information : 17 individual letters of objection and one letter signed by 18 local residents in response to additional information/clarification submitted:- 1. previous objections still valid; 2. proposed building not comparable to existing CDT buildings; 3. use of proposed building for commercial purposes; 4. inconsistencies in information submitted; 5. proposal would exacerbate car parking problems; 6. proposed building of unacceptable scale, height and bulk and its design adversely impact on neighbouring homes.
		Second set of additional information/amendments: 9 letters of objection and 1 petition signed by 21 local residents, on the following grounds:- 1. not address original objections; 2. sited too close to the property boundary; 3. add to car parking and traffic problems; 4. noise and disturbance; 5. should be a buffer zone between the proposed building and boundary; 6. inadequate space for planting; 7. conditions suggested too vague and inadequate; 8. visual impact/intrusion of single storey building replaced by two storey building; 9. overdevelopment of site; 10. other sites are possible and should be investigated further; 11. should be a limit on pupil numbers; 12. some welcome the changes made to the scheme.

Relevant History

WA76/1629	Rebuilding of dining room and ancillary works	Permitted 21.12.76

WA79/1002	One new classroom and the rebuilding of existing classroom	Permitted 31.8.79

WA81/0588	New woodwork building and rebuilding of music room	Permitted 16.7.81

WA82/0390	Erection of an extension to school hall and provision of music teaching and practice rooms	Permitted 28.4.82

WA83/1281	Erection of a two-storey extension to provide classroom, cloakroom and covered passageway with library over	Permitted 23.1.84

WA89/1275	Erection of a two-storey link building, extension and alterations	Permitted 18.7.89

WA94/0464	Alterations to provide improved nursery facility and children’s play area; siting of outdoor play equipment	Permitted 17.5.94


WA98/1531	Construction of tennis court	Permitted 14.10.98

WA00/0515	Siting of two attached portable classrooms for a temporary period	Permitted 31.5.00 (expires 30.6.03)

Introduction

This application was referred to the Development Control Committee at the request of three members of the Area Sub-Committee in accordance with Standing Orders.

Description of Site/Location

St Hilary’s School is located within an established residential area on the western side of Holloway Hill. The School is an independent school and caters for 400 children up to the age of 11 years.

The school occupies grounds of some 2.8 hectares (7 acres) in extent and the main school buildings are located off the main entrance to the site. Ground levels fall away in a northerly direction and the school grounds are generally enclosed by mature tree belts and wooded areas.

To the south, the school grounds are bordered by the rear gardens of residential properties in Braemar Close; the west by a residential property called “The Eyrie”; and to the north by wooded slopes with the Ockford Valley beyond. Vehicular access is from Holloway Hill to the east.

The Proposal

The site for the proposed scheme lies to the west of the main school buildings on the southern boundary. Currently on the site there is a white rendered “CDT” single storey classroom building of 73.9 square metres. The proposal would result in the demolition of this building and the removal of the two temporary classrooms of 131 square metres opposite (permitted under application WA00/0515). The proposal incorporates these classrooms together with a dance and drama studio.

The proposed building would be two-storey in form and can be considered to comprise two elements. The main body of the new building would be brick and timber-clad with a pitched slate roof. This would contain the classrooms, drama and various ancillary rooms. The second element comprises a glass-clad addition on the northern side, which would act as a circulation zone to all the rooms and double as an exhibition area.

The proposed building would have a total gross external area of 516 square metres (with a “footprint” of 270 square metres), a height to eaves level of 6 metres or 5.6 metres and a height to ridge level of 7.7 metres or 8.1 metres. The existing buildings to be demolished have a total external area of 204.9 square metres, of which the existing CDT building has a footprint of 73.9 square metres and a height to ridge level of 4.5 metres.

A tree report has been submitted with the application of the larger trees close to the development site, two Wellingtonias, a Holm oak and a Monkey Puzzle tree, the report suggests that only the Holm oak is considered for removal.

Submissions in support

In addition to the normal planning application forms and plans, the School’s agents have submitted the following additional information:-

1. a design statement;

2. a tree report;

3. current site and building usage plans;

4. site compound and suggested tree protection measures in relation to construction;

5. statement from the School’s agent in respect of school/education and planning issues.

The agent explains that the School obtained planning permission for two temporary classrooms in May 2000 to alleviate curriculum teaching problems within the main school building. The school currently teaches CDT (design and technology) in a single storey concrete building which is argued to be substandard and that these buildings now need to be replaced. The agent further argues that the School also has a problem with the timetabling of the existing hall to provide dance and drama and it has identified the need for additional space for this purpose.

The agent stresses that there will be no increase in pupil numbers as a result of this development but the school is committed to delivering high quality education and therefore, it is necessary to continuously improve the facilities and teaching accommodation.

The agent argues that the scale, materials and aesthetics of the proposed building are comparable with that found on the site. The school also wanted the design to be innovative and provide them with a “flagship” facility.

The agents have submitted an extensive letter in support of the proposal. The agent states that the proposed block includes three classrooms of a similar size to the existing three to be replaced (two temporary and the CDT room) plus the dance/drama studio which is 2/3 the size of the existing hall/gym. This studio is seen as a rehearsal/classroom and not a performance theatre in its own right. The School will continue to use the hall/gym for major productions.

The Headmistress of the School has commented that St Hilary’s is deficient in providing drama within the curriculum. Following the School’s Inspection Report in 2000, she states that the School has tried to devise a fuller, more accessible range of extra-curricular activities and argues that a new dance/drama studio would alleviate this pressure and would mean that all pupils could benefit.

In terms of commercial use, the School states that it is not proposed to market the new facility commercially, but to make it available for local use. A possible use of the new dance and drama studio would be for further dance and drama rehearsal and for meetings.

The agent has argued the proposed siting of the building and that careful thought has been given to the design so as to not unduly affect the adjoining properties. The agent has also argued that the building has been designed to fit in with the existing School buildings. The agent has also indicated that the existing School boundary fence would be replaced and reinforced with additional planting.

Additional Information and Amendments

The applicants’ agent has now responded with the following additional information and amendments to the scheme:-

1. Revised elevations and floor plans which show the omission of the first floor rear window to the CDT classroom.

2. The erection of new fencing, together with additional planting, along the rear boundary (to Braemar Close).

3. Technical information has been submitted for the type of glass to be used to the north elevation of the building. This states that the glass to be used would be coated that can reduce the reflectivity to less than 1% compared to 8% with ordinary glass.

4. The school commissioned the Surrey Wildlife Trust to carry out a wildlife survey of the development area. The survey was undertaken on 2nd October 2002. The report states that the garden and bank will be lost or damaged by the proposed works, but the report concludes that the area has little value for wildlife. The report also states that badgers are known to be in the area and recommends that extra care is taken when working on the site. In addition to mitigation advice, some overall management recommendations have been given to help improve the site area for nature conservation interests.

5. With regard to the use of the building, the school have proposed the following wording as part of a planning condition:-

“St Hilary’s School would only hire out the new dance and drama studio for educational purposes. The facility would not be hired out for discos, aerobics and parties. Lettings would cease a 10.30 pm. The facility would not be hired out on Sundays or Bank Holidays.”

Relevant Policies

Surrey Structure Plan 1994 – Policies PE9, PE10, MT2 and MT5

Surrey Structure Plan (Deposit Draft) 2001 – Policies SE3, SE7, DN2 and DN3

Waverley Borough Local Plan 2002 – Policies D1, D4, D5, D6, D7, BE5, CF3, M2 and MI4

Main Planning Issues

The main issues are considered to be as follows:-

the impact of the development on the character and appearance of the area, having regard to the location of the site within the Godalming Hillsides policy area;

the likely effect of the development on the amenities of nearby residential occupiers, in terms of visual impact, privacy, noise and disturbance;

the impact on trees;

car parking and traffic implications;

the identified educational needs of the school balanced against the environmental implications of the proposed development.

In general planning policy terms, St Hilary’s School is located within the developed area of Godalming where new development can be acceptable, in principle, subject to visual and residential amenity considerations. In addition, the Godalming Hillsides policy (BE6) of the Local Plan 2002 states that development will not be acceptable unless the Council is satisfied that the development would not diminish the wooded appearance of the hillside and result in a loss of tree cover to the detriment of the area and the character of the town.

Character and Appearance of Area

The building proposed is to be located on the site of the existing CDT classroom which it is proposed to replace. The new building would clearly be much larger than the existing, in terms of its “footprint”, total floor area, height, bulk and massing. The agent has submitted that the site chosen was to keep the School buildings grouped together rather than spread across the site and also that the site already had development upon it. The ridge level of the roof would be lower than that of the adjoining school buildings.

The officers consider that the proposed building would be of a modern design and it is considered that the use of cedar boarding would assist to reduce the overall scale and impact of the development. However, some concern is expressed over the possible visual impact of the two-storey glazed entrance foyer to the building. The proposed building has been sited towards the southern boundary of the site and close to the existing main school buildings and therefore away from the wooded slopes to the north and west. In your officers’ view, given the location of the proposed building and the generally well wooded nature of the site, it is not considered that the proposal is likely to have a significant impact beyond the site in the wider townscape. There is not considered to be an objection to the design of the building.

For these reasons, the proposal is not considered to conflict with Surrey Structure Plan 1994 Policy PE10 (the protection of urban character); and Waverley Borough Local Plan 2002 Policies BE6 (Godalming Hillsides), D1 (b - harm to visual character and distinctiveness of the locality) and D4 (a – be appropriate to the site in terms of its scale, height, form and appearance).

Neighbour Amenity

In terms of the neighbour amenity issue, residents in Braemar Close have raised strong objection to the proposed location of the building close to the boundaries of their rear gardens. Concerns have also been raised in respect of possible loss of privacy and noise disturbance from the use of the building.

Whilst your officers are sympathetic to the concerns of residents in Braemar Close, it is not considered that the proposed building would appear unduly intrusive or to detract seriously from their outlook or privacy. It is acknowledged that the proposed building would be visible from the rear gardens of certain properties, particularly from their lower gardens, but the presence of the trees and other vegetation would soften the visual impact of the development. The properties also benefit from long rear gardens, with the houses some 65 metres away from the site.

The proposed building incorporates a single window serving one of the first floor classrooms on the rear elevation. The officers express concern that this window could lead to overlooking of these rear gardens to an unacceptable degree. The officers have suggested to the applicants that this window should be deleted or fixed and obscurely glazed to overcome this concern (this window has now been deleted from the proposal).

Residents have also expressed concern over noise and disturbance from the use of the proposed building, particularly with the possible non-school activities in the evenings and at weekends. The agent has stated that the new building would be well insulated and double glazed to contain any noise within the building. It should also be noted that the Borough Environmental Health Officer has not raised any objection to the proposal. Again, although your officers are sympathetic to the concerns, it is difficult to gauge the likely level of any additional noise which may arise from this development compared to what may arise at present, but it is not felt that this is likely to be significant.

For these reasons, the proposal is not considered to conflict with Policy D1 (c – loss of general amenity ..., including material loss of natural light and privacy and noise disturbance) or D4 (c – not significantly harm the amenities of occupiers of neighbouring properties ... through adverse environmental impacts).

Impact on Trees

The existing trees and in particular, the Wellingtonias, have been the subject of an extensive tree survey and report submitted with the application. The proposed building has not been sited any closer to the Wellingtonias than the existing CDT building on the site and that a 10 metre “protection zone” from the Wellingtonias can be provided as requested by the Council’s Tree and Landscape Officer. “Porous” paving is also to be used and is indicated on the submitted plans.

One tree, a Holm oak, is proposed to be removed from the site as it is argued to be growing under the canopy of an existing Monkey Puzzle tree. The Borough Tree and Landscape Officer considers that of the two, the Holm oak is the better tree and its removal is only necessary because of the frontline of the glazed foyer. However, he considers that the tree’s value is largely internal and feels that there is scope for additional replacement planting on the front lawn area.

Behind the current building and just within the gardens of two properties in Braemar Close is a line of tall Lawson Cypresses. It is clear that the construction of the proposed building will result in some root loss and their loss would open the site up more to these properties. However, it is felt that other trees and vegetation present would still provide sufficient screening of the proposed development.

For these reasons, it could be argued that the proposal would conflict with Surrey Structure Plan 1994 Policy PE9, Surrey Structure Plan (Deposit Draft) 2001 Policy SE7 and Waverley Borough Local Plan 2002 Policy D7 (retention/loss of trees) by virtue of the loss of the Holm oak. However, the

two protected Wellingtonias would be unaffected by the development and the applicant has agreed to some new tree planting as part of the landscaping scheme. Policy D7(c) requires adequate separation between important trees and the proposed development and it is felt that this has been achieved.

Car Parking and Traffic Implications

Local residents have raised concern over the likely impact of the development on car parking and increased traffic at the School. The School Bursar has commented on the parking spaces which are available for evening functions and does not expect the new facility (which is argued to be of limited size) to cause a problem. The Bursar has indicated that up to 144 spaces can be made available, of which 72 (the car park and drive) are in regular use.

The School has also indicated that the new facility will not increase pupil numbers. It will therefore be difficult to gauge what additional traffic is likely to be generated by the proposal, particularly the out-of-school use of the new dance/drama studio. It should be noted that no objection has been raised by the Highway Authority to the proposal.

For these reasons, the proposal is not considered to conflict with Surrey Structure Plan 1994 Policies MT2 and MT5; Surrey Structure Plan (Deposit Draft) 2001 Policies DN2 and DN3; and Waverley Borough Local Plan 2002 Policies M5 and M14 on these issues.

5. Educational Needs

The School has emphasised that the primary purpose for the new building is to enhance their present facilities for current pupils. In support of their application, the School has sought to justify the need for better facilities, particularly in relation to dance, drama and design technology.

The arguments put forward by the School are fully understood by the officers. However, in planning policy terms, there is no objection, in principle, to new development in the developed area provided it is acceptable in environmental terms. Nevertheless, the needs of the School need to be recognised and Policy CF3 of the Local Plan 2002 relates specifically to extensions or adaptations to existing establishments, provided that certain considerations are met.

Policy CF3 of the Waverley Borough Local Plan 2002 relates to proposals for new educational establishments or extensions and adaptations to existing ones. In your officers’ view, the proposal is not considered to conflict with the criteria of this policy for the following reasons:-

(a) the development would not materially detract from the character and appearance of the establishment itself or the area in general;

(b) the existing level of residential amenity from factors such as excessive noise, overlooking or traffic congestion would not be adversely affected;

(c) the proposal complies with vehicular access, car parking, traffic movements and accessibility to public transport considerations; and

(d) requirements for a Transport Plan is not felt to be appropriate in this case.

Conditions

In addition to the standard conditions which are imposed on most development schemes, the officers have given further consideration in relation to other possible conditions which seek to control the proposed use, such as in terms of non-school use, hours of use and noise levels. One of the major concerns of local residents is over possible noise and disturbance from the use of the proposed dance/drama studio at unsocial hours. The officers have given consideration to the condition suggested by the school, in respect of the use, but do not feel that this would be specific enough to control the proposed development.

There are, effectively, considered to be four possible controls. These are physical controls (e.g. sound insulation and windows); noise controls; use; and time limitations. The officers have, therefore, suggested a number of conditions which cover all of these aspects, of which the most relevant are Conditions 15 to 18. The conditions have been modified in the light of the Area Sub-Committee debate, in order to strengthen or clarify them. The officers consider that the conditions proposed would provide the Local Planning Authority with sufficient control over the use of the proposed building and to safeguard the amenities currently enjoyed by residents which live in the vicinity of the site.

An issue has been raised in respect of student numbers in that the development may lead to a further increase and thereby add to car parking and traffic problems. Whilst the officers acknowledge that concern, they take the view that, given the school is located within an urban area, it would not be appropriate to restrict the number of pupils at the school. In any event, part of the proposal is to replace existing classrooms on the site.

Conclusions

The proposal is considered to represent significant new built development at the School and given the location and nature of the facilities to be provided, has generated much local opposition. Local residents’ concerns, particularly from those who back on to the School site in Braemar Close, are set out in this report. While your officers fully acknowledge the various concerns which have been raised, it is not considered that the proposal would cause material harm to the character of this part of the town or to the amenities of neighbouring residential occupiers. Many of the issues raised are matters of planning judgement, such as in terms of visual impact and effect on residential amenity. Whilst there are reservations over the proposed siting of the building, on balance, it is felt that the proposal could be supported.

Officers therefore recommended that permission be GRANTED subject to the following conditions:-

1. Standard approval of external materials (4.4)

2. Standard approval of surfacing materials (4.5)

3. Standard levels (4.2)

4. Standard no new windows (11.3) - *�(rear) *�(southern)

5. Standard tree protection (25.2)

6. Standard levels and construction details (25.3)

7. Standard services (25.4)

8. Standard burning (25.5)

9. Standard method statement and supervision (25.6) - *�(removal of hard pavement within 8 metre radius of Wellingtonias and detailing new, giving information or materials and method of installation and detailing phasing and sequence)

10. The contractor’s access and compound area, as shown on the approved drawings, shall be provided and maintained throughout the construction period relating to the development.

11. Standard landscape scheme (25.9)

12. Standard replacement trees (25.14)

13. Standard fencing (5.2) - *(southern) *(two)

14. In conjunction with Condition 1 (external materials) above, this shall include the submission of a full specification and sample of the type of glass to be used in the construction of the foyer element on the northern side of the building, before development commences.

15. The building hereby approved shall only be used for school curriculum activities and as a dance/drama studio, as described in the application, and for no other purposes unless agreed in writing with the Local Planning Authority.

16. The dance/drama studio and all activities associated with the use of the facility hereby permitted, shall cease between the hours of 10.30 pm and 9.00 am Monday to Saturday and shall not be used on Sunday s or Bank Holidays.

17. Prior to the commencement of works on site, details shall first be submitted and approved in writing of sound insulation measures proposed for the building. Following approval, those measures shall thereafter be implemented and maintained to the satisfaction of the Local Planning Authority.

18. No noise from music, including amplified or recorded sound systems generated from within the building hereby approved, shall be audible from a distance of 5 metres of a residential building.

19. Standard control of environmental effects (13.3) - *(scheme to control (i) noise and (ii) dust during construction)

20. No works or ancillary operations associated with demolition work or the construction of the development which are audible at the site boundary or at any other place as may be agreed with the Local Planning Authority, shall take place on any Sunday or Bank Holiday nor any other day except between the following times:-

Monday to Friday 0800-1800 hours

Saturday 0800-1300 hours

unless in association with an emergency.

21. Before the development hereby permitted is commenced, details shall be submitted for the approval of the Local Planning Authority for the installation of lightening conductors on to the two protected Wellingtonia trees adjacent and which shall be installed before or upon the completion of the building and shall thereafter be maintained to the satisfaction of the Local Planning Authority.

22. Before or upon the development hereby permitted is utilised, the existing buildings and structures at the school shown to be removed as part of the application, shall be dismantled and all materials removed from the site.

Reasons

1-2 Standard (RC10)

3. Standard (RC8) - *(ensure the proper development of the site) *(D1 and D4)

4. Standard (RC7) - *(the amenity and privacy of adjacent residents) *(D1 and D4)

5-10 Standard (RC4) - *(long term health of the trees concerned and the character and amenities of the area) *(PE9) *(SE7) *(D6 and D7)

11-12 Standard (RC10)

13. Standard (RC8) - *(ensure the property development of the site) *(D1 and D4)

14. Standard (RC10)

15-20 Standard (RC7) - *(ensure that the proposed development does not prejudice the amenities of neighbouring residential occupiers) *(EN1) *(D1 and D4)

21. Standard (RC4) - *(the long term health of the trees concerned and the character of the area) *(PE9 and PE10) *(SE3 and SE7) *(BE6, D1, D4 and D7)

22. Standard (RC8) - *(ensure the proper development of the site and in the interests of the character of the area) *(PE10) *(D1, D4 and BE6)

Informative

1. The applicants’ attention is drawn to the contents of the ecological survey dated October 2002 and received under cover of letter dated 14th October 2002 and, in particular, to the mitigation advice and management recommendations made in the report.

Your Sub-Committee, however, did not agree. Members expressed concern over the siting of the proposed building in very close proximity to the rear boundaries of residential properties in Braemar Close and its likely effect in terms of visual impact, dominance and the noise and disturbance that would be generated by the use of the proposed dance/drama studio. Members acknowledged the many objections which had been received by local residents to this proposal and shared the view that an alternative location should be found. Members made reference to the fact that a single storey building would be replaced by a much larger two storey building and that this, in combination with the existing school buildings, would have an unacceptable degree of visual intrusion. Concerns were also expressed in relation to the possible effect of the development on trees in the adjacent rear gardens and that notwithstanding the conditions suggested in the officer’s recommendation, any noise disturbance could not be easily controlled. Whilst members did not raise objection in terms of traffic, car parking or the possible impact of the development on the Godalming hillsides, their main concerns related to the impact of the development on the amenities currently enjoyed by nearby residential occupiers.

Your Sub-Committee accordingly

5. RECOMMENDS that permission be REFUSED for the following reasons:-

1. The proposal would, by reason of its size, scale, bulk, massing; its siting in close proximity to the rear boundaries of residential properties in Braemar Close; and the potential loss of trees and reduced screening would result in a visually intrusive and overbearing form of development and be detrimental to the visual amenity of the occupiers of adjacent residential properties. As such, the proposal is therefore considered to conflict with Policies D1, D4 and CF3 of the Waverley Borough Local Plan 2002.

2. The proposal is likely to have an adverse impact on the quiet enjoyment of residential property by virtue of the nature of activities and the noise generated by proposed uses of the building. As such, the proposal is therefore considered to conflict with Policies D1, D4 and CF3 of the Waverley Borough Local Plan 2002.

Background Papers (DoP&D)

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

6. AREA DEVELOPMENT CONTROL SUB-COMMITTEE REPORTS

To receive reports from the Area Sub-Committees as follows:-

(a) Western - 27th November 2002 (Appendix A)
8th January 2003
(b) Central - 4th December 2002 (Appendix B)
15th January 2003

(c) Southern - 11th December 2002 (Appendix C)
22nd January 2003 (to follow)

(d) Eastern - 18th December 2002 (Appendix D)

7. ACTION TAKEN SINCE LAST MEETING

To note any action taken by the Chief Executive since the last meeting of the Committee, following consultation with the Chairman and Vice-Chairman. The Register of Decisions will be laid on the table half-an-hour before the meeting.

8. EXCLUSION OF PRESS AND PUBLIC

To consider the following recommendation on the motion of the Chairman:-

that pursuant to Procedure Rule 20, and in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following items on the grounds that it is likely, in view of the nature of the business transacted or the nature of the proceedings, that if members of the public were present during those items there would be disclosure to them of exempt information (as defined by Section 100I of the Act) of the description specified in those paragraphs of Part I of Schedule 12A to the Local Government Act 1972; namely:-

Item 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).

9. LEGAL ADVICE

To receive and consider any legal advice relating to any applications in the agenda.


		For further information or assistance, please telephone Anna-Marie Davis, Trainee Committee Secretary on extension 3492 or 01483 523492.

comms/development/2002-03/055

Western 63