Decision

Pursuant to the Planning Committee decision to approve Planning Application Reference 25/P/00753, the decision is to approve the Council entering into and executing a Deed of Unilateral Undertaking pursuant to section 106 of the Town and Country Planning Act 1990 in connection with the development of Land to the rear of Manor House Flats, The Street, Tongham, Farnham, GU10 1DP, to secure the agreed planning obligations, including the payment of the required SANG and SAMM contributions and associated provisions
Authority is delegated to the Strategic Director (Place), in consultation with the Lead Councillor for Housing and Community and the Lead Councillor for Regeneration, and in consultation with Legal Services, to finalise, agree and execute the Unilateral Undertaking and any ancillary documentation required to give effect to this decision.

Reasons for the decision

The Unilateral Undertaking pursuant to section 106 of the Town and Country Planning Act 1990 provides the mechanism for securing the planning obligations necessary to make the proposed development acceptable in planning terms. These obligations include the payment of the required Suitable Alternative Natural Greenspace (SANG) and Strategic Access Management and Monitoring (SAMM) contributions in accordance with the requirements arising from the development.
The Unilateral Undertaking formalises the commitments required in connection with Planning Application Reference 25/P/00753 and ensures that the relevant mitigation measures and associated obligations are secured prior to the commencement of development.
Entering into and executing the Unilateral Undertaking will enable the implementation of the planning permission, provide certainty to the parties involved, and support the delivery of the proposed development in accordance with the requirements of the local planning authority and Surrey County Council.

Alternative options considered

Option 1: Not to enter into the Unilateral Undertaking
This option was rejected as it would prevent the completion of the planning obligation required in connection with Planning Application Reference 25/P/00753 and could delay or prevent implementation of the approved development. The Unilateral Undertaking is required to secure the necessary planning obligations, including the SANG and SAMM contributions, which have been identified as necessary to mitigate the impacts of the development. In addition, the terms of the Unilateral Undertaking have been prepared and reviewed by the relevant legal and planning officers and are considered to be appropriate, proportionate and necessary to support the grant and implementation of planning permission.
Option 2: Seek to renegotiate the terms of the Unilateral Undertaking
This option was rejected as the obligations contained within the Unilateral Undertaking reflect the requirements arising from the approved planning application and relevant planning policy framework. Further negotiation would be unlikely to produce a materially different outcome and could unnecessarily delay the delivery of the development. The proposed Unilateral Undertaking provides an appropriate and efficient mechanism for securing the required planning obligations and enabling the development to proceed in accordance with the approved planning permission.