Agenda item

The application was to vary the section 106 agreement, as varied, in respect of hybrid permission 12/0546, as amended by 18/0619 and 18/1002 to amend the delivery or occupation or payment triggers for the completion of the Village Green and combined NEAP/LEAP, the provision of the Sports Hub, the Formal Park, the Allotments, the Basingstoke Canal Towpath contribution, shared pedestrian/cycle infrastructure,  various highway works, bus infrastructure; to amend the clauses to Junction 3 M3 to allow for a payment of a contribution in lieu of works; to amend the highway layout at the junction of Frimley Green Road with Wharf Road and Guildford Road to provide a roundabout scheme, the phased provision of the Southern SANG, option to extend the management company for the SANGs to all non residential land areas, amend the Bellew Road Closure clause and consequential amendments to the definitions, clauses and plans.

Members were advised of the following updates on the application:

“Representations

A further representation has been received from the Mytchett, Frimley Green and Deepcut Society.  It advises has advised that overall the Society is happy to support the proposals but have requested that two outstanding suggestions are taken on board as follows:

-       Given previous concerns, further work to be undertaken in relation to  the sightlines for the new pedestrian crossing going from the Rose and Thistle across the Guildford Road prior to final submission to the Planning Committee;

-       There is one parking space outside the petrol station that the Society would like removed as it effectively reduces the width of the carriageway and causes an unnecessary pinch point exactly where cars will want to overtake the northerly bus when it is at the stop.  For the new scheme to be fully effective this should be addressed prior to fin submission to the Planning Committee

They also would like to be consulted on the proposed external materials and street furniture to be used in the scheme.

Consultee responses

The County Highway Authority has responded to the above comments as follows:

·         With regards the first issue relating to the crossing point by the Rose & Thistle, this does not need to be addressed before the planning committee. There is currently no crossing point in this location, but it’s likely that those wishing to make use of a dropped kerb will use the existing dropped kerb behind the pub. The new crossing point on Guildford Road at the junction could be deleted if deemed unsuitable, but we do need to recognise the possible pedestrian desire line and slow approach speeds of vehicles. The Safety Audit raised these pedestrian visibility issues at this location, which will be dealt with as part of the detailed design.

·         With regards the road space outside the filling station, it is not a parking space. Parking is allowed to take place here if it is deemed safe to do so. I agree that it would be prudent for the lines to be extended, so suggest that this be confirmed by way of a Cttee update or updated drawing, if only to allow a more efficient TRO processing route to be taken at the construction stage. It could wait until the detailed design stage but the implementation process requires an SCC Cttee report so the process is much longer. If added now, my Team has delegated authority

·         With regards materials they would be part of the detailed design stage, but acknowledge that there is a local expectation to achieve a high quality scheme which we support, and higher quality materials may be possible in areas of the scheme to achieve this.

Having regard to the commentary above, it is noted that further detailed design work will be required for the revised scheme. The proposed extension of lines outside the filling station is supported for inclusion within the detailed design of the scheme.

Windlesham Parish Council have responded to the proposal in relation to Junction 3 M3 and seeks clarification of the alternative wording as the use  of 2 x ‘unless’ in the same sentence make it confusing to read.

In the interests of clarity the applicant has amended the wording to read  

“2.17 The Owner shall not Commence the construction of more than 600 (six hundred) Dwellings unless otherwise agreed in writing with the Council and the County Council until it has submitted the Junction 3 M3 Highway Works Notice to the County Council to establish whether the Junction 3 M3 Highway Works are required, or whether the payment of the Junction 3 M3 Contribution is required.  

The County Council, following consultation with the Council will respond to the Junction 3 M3 Highway Works Notice within 20 (twenty) Working Days of receipt to confirm whether the Works or Contribution is sought.”

The County Highway Authority are satisfied with this wording.  The proposed amendment is considered to be acceptable.

Amended recommendation

AGREE proposed amendments to section 106 agreement, as previously varied, to be drafted in detail broadly in accordance with the agenda report, the assessment report and this update.”

A verbal update was also given to the meeting in respect of Schedule 5 Part 6 Village Green and Combined NEAP/LEAP Paragraph 1.4 for the amended trigger number to be 350 to correspond with the text.

The recommendation to agree the amendments was proposed by Councillor Morgan Rise, seconded by Councillor Robin Perry, and put to the vote and carried.

RESOLVED that the proposed amendments to the Section 106 agreement, as previously varied, to be drafted in detail broadly in accordance with this report and the assessment report, be agreed.

Note 1

It was noted for the record that Councillor Edward Hawkins declared that all Members of the Committee had received representations on behalf of Skanska in respect of the proposal.

Note 2

In accordance with Part 4, Section D, paragraph 18 of the Constitution, the voting in relation to the application was as follows:

Voting in favour of the officer recommendation to agree the revised Section 106 agreement:

Councillors Graham Alleway, Peter Barnett, Cliff Betton, Stuart Black, Mark Gordon, Edward Hawkins, David Lewis, Robin Perry,  Darryl Ratiram, Morgan Rise, Graham Tapper, Victoria Wheeler and Valerie White.