Agenda item

Report DCL/17/45 Section 73 application for the removal of condition 41 (Provision of Sea Sports Centre) and 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), 37 (Wave Wall); and 42 (Provision of Beach Sports Centre) 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 sea sports 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, how the sea sports and beach sports facilities are provided, and alterations to the Environmental Statement.

Section 73 application for the removal of condition 41 (Provision of Sea Sports Centre) and 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), 37 (Wave Wall); and 42 (Provision of Beach Sports Centre) 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 sea sports 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, how the sea sports and beach sports facilities are provided, and alterations to the Environmental Statement.

This report considered whether the amendments to the parameter plans, design and landscape guidelines, changes to conditions and other alterations set out in the description of the Section 73 application should be approved.

The Chairman advised the committee that Councillor Russell Tillson had withdrawn his motion made at the last Planning and Licensing Committee meeting that the application be refused and this had been agreed by the seconder, Councillor Dick Pascoe. 

Mr Ben Geering, Head of Planning, advised members that the Secretary of State had received a request to call in the application for determination and of the procedures with regard to the request for a call in.

Miss Lisette Patching, Development Management Manager read out a statement provided by Councillor Russell Tillson and reported further comments from Folkestone Town Council  prior to her presentation.  The full statement by Councillor  Tillson is attached to these minutes. 

Mr Mark Hourahane, local resident, spoke against the application.

Councillor Richard Wallace, Folkestone Town Council, spoke on the application.

Councillor  Mrs Mary Lawes, spoke on the application.

Councillor Mrs Susan Wallace, spoke on the application.

Mr Trevor Minter, applicant, spoke on the application.

Proposed by Councillor Ms Susan Carey

Seconded by Councillor Alan Ewart-James and

RESOLVED:

That subject to the application not being called in for consideration by the Secretary of State:  

a)    That that the Head of Planning Services be authorised under delegated authority to grant planning permission subject to:

·         Completion of a deed of variation legal agreement with the applicant that secures the social and physical infrastructure and financial contributions, including contributions towards the existing sea sports centre within the site, which are detailed within the main report and this addendum and which the Head of Planning Services considers to be acceptable.

·         The conditions set out at the end of the report and any additional conditions the Head of Planning Services considers to be necessary following detailed discussions with the applicant.

b)   That in the event that the legal agreement is not finalised by 1^st June 2018 and an extension of time has not been entered into by the applicant, the Head of Planning be given delegated authority to refuse planning permission on the following ground:

In the absence of a signed legal agreement there is no mechanism for ensuring the provision of the required the social and physical infrastructure and financial contributions, including contributions towards the existing sea sports centre. As such the development is contrary to policy SS6 of the Core Strategy Local Plan which requires that the development should provide, contribute to or otherwise address the identified infrastructure needs.

(Voting: For 7; Against 3; Abstentions 2)