Agenda item

Report DCL/17/43 - Section 73 application for removal of conditions 41 (Provision of Sea Sports Centre) and 42 (Provision of Beach Sports Centre) and for the variation of conditions 4 (Reserved Matters), 6 (Phasing), 7 (Reserved Matters Details), 15 (Public Realm), 16 (Play Space/ Amenity Facilities), 18 (Public Toilets), 21 (Wind Flow Mitigation), 23 (Heritage Assets), 25 (Bus Stop) and 37 (Wave Wall) of planning permission Y12/0897/SH (Outline planning application with all matters (access, scale, layout, appearance, landscaping)  reserved for the redevelopment of the harbour and seafront to provide a comprehensive mixed use development comprising up to 1000 dwellings (C3), up to 10,000 square metres of commercial floorspace including A1, A3, A4, A5, B1, D1 and D2 uses as well as seasports and beach sports facilities.  Improvements to the beaches, pedestrian and cycle routes and accessibility into, within and out of the seafront and harbour, together with associated parking, accompanied by an Environmental Statement) to enable changes to the plot shapes, footprints, maximum height, changes to parameter plans, levels, parking arrangements, and alterations to the Environmental Statement.

Section 73 application for removal of conditions 41 (Provision of Sea Sports Centre) and 42 (Provision of Beach Sports Centre) and for the variation of conditions 4 (Reserved Matters), 6 (Phasing), 7 (Reserved Matters Details), 15 (Public Realm), 16 (Play Space/ Amenity Facilities), 18 (Public Toilets), 21 (Wind Flow Mitigation), 23 (Heritage Assets), 25 (Bus Stop) and 37 (Wave Wall) of planning permission Y12/0897/SH (Outline planning application with all matters (access, scale, layout, appearance, landscaping) reserved for the redevelopment of the harbour and seafront to provide a comprehensive mixed use development comprising up to 1000 dwellings (C3), up to 10,000 square metres of commercial floorspace including A1, A3, A4, A5, B1, D1 and D2 uses as well as seasports and beach sports facilities. Improvements to the beaches, pedestrian and cycle routes and accessibility into, within and out of the seafront and harbour, together with associated parking, accompanied by an Environmental Statement) to enable changes to the plot shapes, footprints, maximum height, changes to parameter plans, levels, parking arrangements, and alterations to the Environmental Statement.

David Campbell, Development Management Team Leader, presented this report and referring to paragraph 1.17 of the officer’s report advised members that the Harbour Master’s House is shown to be demolished, however a condition is proposed which will safeguard it until the Local Planning Authority is satisfied on details of what will replace it. 

Mr Hourahane, local resident, spoke on the application.  His concerns included insufficient parking, lack of public amenities and did not agree that the changes were minor. 

(Following the approval of the minutes, it was noted that Mr Hourahane spoke as a local resident against the application).

Mr Richard Wallace, Folkestone Town Council, spoke on the application and said this development was a bonus and improvement for Folkestone, however his concerns were the building height amendments, affordable housing and infrastructure. 

Councillor Mrs Mary Lawes, ward member, spoke on the application.  Her concerns were increase in traffic congestion, vehicle accidents and employment factors. 

Councillor Mrs Susan Wallace, ward member, spoke on the application and pointed out to members that this was a carefully thought out development, however she was concerned about the level of consultation, affordable housing and rental properties. 

Mr Trevor Minter, applicant, spoke on the application.  He pointed out this is a viable project and all challenges have been addressed.  He was aware of the objections however he was satisfied that the process of the consultation plan had been followed.

Members noted concerns with regard to:

·        Guidelines to the description of ‘minor alterations’

·        Building height adjustments

·        Affordable housing

·        Parking provisions

·        Consultation process and the large amount of objections received

·        Suitability of Section 73

Mr Campbell explained the Section 73 process and pointed out that planning permission had already been granted. 

Miss Lisette Patching, Development Management Manager, assured members that she was satisfied that the consultation process had been carried out correctly.

Mr Matthew Hogben, Principal Transport and Development Planner, KCC Highways and Transportation, advised members that underground parking would be provided.  He noted that since the original plan in 2012, a Controlled Parking Zone had been implemented on Marine Parade which benefits residents and that the parking provision is identical to the 2012 submission and approval.

Proposed by Councillor Michael Lyons

Seconded by Councillor Alan Ewart-James and

RESOLVED:

That for the reasons set out in the report of the Head of Planning, the section 73 application should be granted subject to delegation being given to the Head of Planning for the detailed wording and finalisation of suitable conditions and a deed of variation to the section 106 agreement to deliver the requirements set out in the report.

(Voting: For 5; Against 6; Abstentions 0)

Upon being put the vote for approval was LOST.

A recess was requested by the Head of Planning and agreed by the Chairman, as members were proposing to table a motion to refuse the application on the grounds the s73 was not suitable.

Following the recess the Head of Planning advised members as follows:

·        the application has been validated and consulted on in accordance with legislation and that the changes allowed under the S73 process are within the context of the development as a whole (officers having previously advised why they consider the S73 process is suitable)

·        members are being asked to determine whether the changes proposed are acceptable in planning terms.

·        If members do not consider the changes are in acceptable in planning terms they need to provide clear planning reasons why

·        Alternatively, if members want independent legal advice to address concerns over whether the correct application process is S73 or should instead be dealt with under S70 of the Town and Country Planning Act the application can be deferred to get this advice and then brought back to committee.

Proposed by Councillor Dick Pascoe

Seconded by Councillor Russell Tillson and

RESOLVED:

That the Section 73 application is deferred to allow independent legal advice to be sought as to whether S73 is the correct process prior to this application being brought back to the Planning and Licensing Committee at a future date.    

(Voting: For 9; Against 2; Abstentions 0)