Agenda item

APP/18/00120, APP/18/00121 and APP18/00122 – Hampshire Farm, Emsworth

Meeting of Development Management Committee (uo to 25 Feb 2021), Tuesday, 10th July, 2018 5.00 pm (Item 31.)

Proposals:

Application 1 APP/18/00120

Variation of Section 106 Agreement dated 12 May 2011 associated with 10/74014/000, to discharge the obligation to provide community facilities (doctors surgery and pharmacy) on the community facilities land or transfer the land to the Council for Community Use (use falling within use class D1 non-residential institution).

APP/18/00120 Associated Documents – https://tinyurl.com/y8cjfpdn

Application 2 APP/18/00121

Variation of Section 106 Agreement dated 12 May 2011 associated with 10/74014/000, to extend the period to procure that the Community Facilities (doctors surgery and pharmacy) on the community facilities land for a further two years until 1st December 2019.

APP/18/00121 Associated Documents – https://tinyurl.com/y7js74f3

Application 3 APP/18/00122

Variation of Section 106 Agreement dated 12 May 2011 associated with 10/74014/000, to vary the definition of the community facilities from specifically a doctors surgery and pharmacy to any use within Use Class D1 (non-residential institution) and to extend the period to procure the use for a further two years until 1st December 2019.

APP/18/00122 Associated Documents – https://tinyurl.com/y978d7ng

Minutes:

Proposals: Application 1 APP/18/00120

Application 2 APP/18/00121

Application 3 APP/18/00122

The Committee considered the written report and recommendations from the Head of Planning to refuse permission.

The Committee received supplementary information, circulated prior to the meeting, which set out:

a) An update on consultation with the South East Hampshire Clinical Commissioning Group;

b) Additional representations received from a previous supporter;

c) Links to the previous committee report and minutes in relation to the outline planning permission (Ref: 10/74014/000) for the Hampshire Farm development;

d) A letter from the Agent setting out their latest position; and

e) Two additional third party representations.

The Committee was addressed by the following deputees:

(1) Mrs Farmer, who supported the application for the following reasons:

a) There were more pressing social requirements for the site than a doctors surgery, with a particular need for facilities for young persons;

b) The site was no longer suitable for the provision of a health care facility and the original proposal was out-dated; and

c) There were alternative sites that were more suitable for the provision of health care facilities in the area, such as the Emsworth Victoria Cottage Hospital Site.

In response to questions from the Committee, the deputee advised that:

· The Emsworth Victoria Cottage Hospital site was larger than the Hampshire Farm site, with more provision for parking.

· The Emsworth Victoria Cottage Hospital site was no longer functioning as an operational health care facility.

(2) Councillor Pike, who supported the officer’s recommendations for the following reasons:

a) The applicants had elapsed on extended timescales for the provision of a doctor’s surgery on the site and had not made satisfactory progress; and

b) The Council would be ideally placed to co-ordinate and lead on the usage of the site, which could encompass development in addition to a doctor’s surgery.

Following the deputations the Chairman invited members to ask questions of officers regarding the report and proposal. In response to these questions it was advised that;

· Indicative timescales for the proposed surgery had been provided by the Primary Care Surveyors and were detailed within the report but these had already slipped;

· Officers were aware that the applicant had looked at other sites to provide the health care facility to the area;

· A transfer of the site to the Council would give the Council more control and involvement in looking to provide a health care facility on the site; and

· The site would be transferred back to the Council to be used for a Class D1 non residential institution, so could be utilised effectively if a doctors surgery was not possible.

The Committee considered an offer from the applicant, that if the Committee was minded to grant APP/18/00121 they would withdraw the other two applications.

The Committee was minded however to refuse all three applications, as there had been a failure to comply with the s106 Legal Agreement in relation to the provision of the doctor’s surgery. The Committee viewed that the Council had acted reasonably in extending the original timescales for the relevant parts of the s106 Legal Agreement, but felt that the transfer of the land back to the Council would serve a more useful purpose than the proposed Deeds of Variation.

During the course of the debate, the Committee considered that this was the best course of action. It was therefore

RESOLVED that

(i) the Head of Planning be authorised to refuse permission for application APP/18/00120 in relation to the Deed of Variation for the following reason:

Reason: The proposed variation of the S106 Agreement (as modified) would fail to secure the provision of the Community Land for the purpose of providing the Community Facilities (Doctors Surgery and Pharmacy) and the transfer of the Community Facilities Land to the Council for Community Use (Use falling within Use Class D1 non residential institutions). The proposal would therefore fail to meet the infrastructure requirements identified at the time of the associated planning application reference 10/74014/000. The proposal is therefore contrary to policies CS7, CS19 and CS21 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

(ii) the Head of Planning be authorised to refuse permission for application APP/18/00121 in relation to the Deed of Variation for the following reason:

Reason: The proposed variation of the S106 Agreement (as modified) would significantly extend the period of time to secure the provision of the Community Land for the purpose of providing the Community Facilities (Doctors Surgery and Pharmacy) and the transfer of the Community Facilities Land to the Council for Community Use (Use falling within Use Class D1 non residential institutions). The proposal would therefore fail to meet the infrastructure requirements identified at the time of the associated planning application reference 10/74014/000. The proposal is therefore contrary to policies CS7, CS19 and CS21 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

(iii) the Head of Planning be authorised to refuse permission for application APP/18/00122 in relation to the Deed of Variation for the following reason:

Reason: The proposed variation of the S106 Agreement (as modified) would significantly extend the period of time to secure the provision of the Community Land for the purpose of providing the Community Facilities (Doctors Surgery and Pharmacy) or for Community Uses (Use falling within Use Class D1 non residential institutions) and the transfer of the Community Facilities Land to the Council for Community Use. This would also reduce the likelihood of the Doctors Surgery and Pharmacy being provided at the site. The proposal would therefore fail to meet the infrastructure requirements identified at the time of the associated planning application reference 10/74014/000. The proposal is therefore contrary to policies CS7, CS19 and CS21 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework

(iv) the Council’s Head of Legal Services be instructed to take all legal steps required to ensure the transfer of the land to the Council as set out in the S106 Legal Agreement.

Supporting documents: