Agenda item

The application was for the change of use of use of land/hardstanding for film-making, including construction of sets and use of land for filming, stationing of support services, associated storage and parking for a temporary period. (Amended plan rec'd 09/01/2019.) (Additional information & plans Rec'd 17.01.2018)

This application would have normally been determined under the Council’s Scheme of Delegation, however, it was reported to the Planning Applications Committee at the request of Councillor Deach because of concerns about the impact upon neighbouring residential properties.

Members were advised of the following updates:

“The construction of the film set is currently underway.  Notwithstanding the current application, the applicant has advised that they are exercising their permitted development rights [under Class B, Part 4, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended)] which allows the use of the land for 28 days (in any calendar year) as a film set by preparing the site for this purpose.  The current proposal would, in effect, extend this time period to about six months, if approved.  The construction sets (building frontages and scaffolding supports) are on pads and it is not considered that this would be development under the Planning Acts.  As such, the current operations on the site are considered to be lawful.

Amended/additional details have been received from the applicant as follows:

• Access to the site is to be from Frith Hill Road with the exit from main access onto Deepcut Bridge Road (a reverse of the originally proposed arrangements, as requested by the County Highway Authority) and amended details have been provided in this respect;
• Additional details of the car parking arrangements to the front of the site;
• A conditions survey for the existing accesses was undertaken in mid-January 2019 and provided (any works required to repair any damage to thee accesses would be a matter for the County Highway Authority); and
• Local spend is on average £32,000 per day slightly dependent upon the amount of set build/reinstatement works; whether overnights are being paid; whether the intention is to hire locally set dressings; couriers; taxis; retail – wood suppliers for set building, location fees, extras, unit base parking, etc.  If the site is used for 10 days the local spend could be over £300,000 with over £500,000 for 20 days filming (which is likely amount for this project).

The County Highway Authority has raised no objections, subject to conditions.  These suggested conditions relate to the provision of parking and turning area for the duration of the temporary use and the provision of an after condition survey and details to be agreed of a commitment to fund the repair of any damage to the accesses during the temporary use (and associated site set-up and strike).  The provision of parking is to be imposed as a condition but the conditions survey and commitment to pay for any damage to the highway accesses would not meet the tests for imposing planning conditions and is proposed as an additional informative.  

The British Film Commission (the Government’s national organisation responsible for supporting inward investments in film and television production in the UK) has supporting the proposal indicating the following:

“[The British Film Commission] are currently working with the production team behind a major new high-end television series from leading US streaming service, Netflix [for which the current proposal supports].  The BFC funded and supported a UK-wide recce in order to secure the project for the UK due to the value it will bring in terms of investment, employment and global profile for the UK…Netflix spent $12 billion on content in 2018 and this is expected to rise to $15 billion this year.  The company has quickly become one of the UK’s most important and valuable clients having already invested millions in UK-made drama.  With a dedicated production office new based in London, there are extensive plans for further UK-based activity in 2019 and beyond.”

AMENDED CONDITION

5. The traffic management for the use shall be undertaken in accordance with the Appendix 2 - Traffic Information provided on 17 January 2019 (as amended by email on 31 January 2019), and revised vehicle routing plan provided on 6 February 2019; unless the prior written approval has been obtained from the Local Planning Authority.

Reason: In the interests of highway safety and to comply with Policies CP11 and DM11 of the Surrey Heath Core Strategy and Development Management Policies 2012 and the National Planning Policy Framework 2018.

ADDITIONAL CONDITION:

6. The parking and servicing area shown on the approved Site plan shall be made available for use prior to the first occupation of the development and shall not thereafter be used for any purpose other than the parking of vehicles.

Reason: To ensure the provision of on-site parking accommodation and to accord with Policies CP11 and DM11 of the Surrey Heath Core Strategy and Development Management Policies 2012.

ADDITIONAL INFORMATIVE:

2. The applicant is advised that any damage to the accesses from Frith Hill Road and the main access onto the site will need to be repaired through a licence procedure undertaken with the approval of the Highway Authority under the Highway Acts.”

As a result of Members concerns, informative 3 below was added to the decision notice:

The developer is reminded that it is an offence to allow material to be carried from the site and deposited on or damage the highway from uncleaned wheels or badly loaded vehicles. The Highway Authority will seek, wherever possible, to recover any expenses incurred in clearing, cleaning or repairing highway surfaces and prosecutes persistent offenders. (Highways Act 1980 Sections 131, 148, 149).

The officer recommendation to approve the application was proposed by Councillor Jonathan Lytle and seconded by Councillor Paul Ilnicki.

RESOLVED that application 18/1061 be granted subject to the conditions set out in the Officer Report as amended.

Note 1

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 recommendation to grant the application:

Councillors Nick Chambers, Edward Hawkins, Paul Ilnicki, Jonathan Lytle, Katia Malcaus Cooper, David Mansfield, Max Nelson, Adrian Page, Ian Sams, Pat Tedder, Victoria Wheeler and Valerie White.