DEVELOPERS Crest Nicholson Sainsbury's are to keep to their pledge to submit their planning application for East Street within the next few weeks, Waverley Council confirmed this week. But the council has acknowledged that "a real dilemma" exists, with planning consent for all new residential development in the area halted, pending a solution to safeguard the Special Protection Area (SPA) for rare birds in the Thames Basin Heaths. To comply with UK legislation, which is based on an EU directive, developers who wish to build within five kilometres of the SPA, which adjoins Sandy Hill, are required to identify that a development would have no impact on the SPA. Waverley has gone out to consultation on a "mini-plan" aiming to divert pressure from the SPA by making other areas - and in particular Farnham Park - more attractive, and getting would-be developers to foot the bill. But the plan, if it is endorsed by the relevant authorities, will not be adopted until the autumn at the earliest. Chris Mansell, portfolio holder for East Street, explained: "Until the plan is adopted, Waverley Borough Council is unable to grant permission for any development within five kilometres of the Special Protection Area until a way is found to resolve impacts on the Special Protection Area. "At the moment, this would catch Crest Nicholson Sainsbury's East Street application which is expected very soon. "Crest Nicholson Sainsbury's have faced a real dilemma, but they made a firm commitment to Farnham people to deliver the application in August." Mr Mansell said it would be usual for a planning application of the size and nature of the East Street scheme to be considered over a number of months. "The developers will submit their application in anticipation of the SPA requirements being resolved well before their application is due to be determined. CNS has already indicated that it will readily comply with the mitigation measures as set out in the Waverley miniplan," said Mr Mansell. Campaigners against the development, however, have expressed serious doubts about whether Waverley's mini-plan proposals for Farnham Park will wash with English Nature as suitable mitigation for the SPA. Brian Davey, of East Street Action, drew attention to the report of a planning appeal inspector, who recently ruled out redevelopment of a Waverley Lane site specifically because of the SPA situation. The inspector wrote: "I do not consider that open spaces can be considered as alternatives to the healthland within the SPA. Indeed, English Nature's survey information indicates that people from the vicinity of Farnham Park visit the SPA." This was borne out by English Nature's own response to the Waverley Lane appeal, which declared that "formal parks should not be considered in assessments of green spaces available as alternatives to the SPA". "Waverley are whistling in the wind," said Mr Davey. "They are flying in the face of a decision by the Planning Inspectorate and a statement by English Nature. A Waverley spokesman said the council was aware of the content of the appeal inspector's report, but pointed out that at the time the appeal was heard, the council had not approved the mini-plan and it had not been forwarded to English Nature. Crest Nicholson has indicated that the East Street planning application to be submitted later this month will show the full design detail for construction Phase 1a, which covers the cinema, most of the car parking, most of the residential units, the principal retail units, restaurants and cafés leading from East Street and around the town square and detailed proposals for the refurbishment of Brightwell House. The application will also cover Phase 1b in outline, which will include the remainder of the car parking, the new shops from the town square to South Street, the remaining apartments and treatment of the Sainsbury's South Street façade. Terry Prescott, for Crest Nicholson, said: "Details for Phase 1b will follow the August application and the entire scheme will be delivered as a whole, with works running continuously from start until completion. "This schedule has been arranged to allow the new car-parking provision to be put in place before work starts on the existing Sainsbury's car park and for the cinema to open at an early stage in the development." The establishment of a community facility, including a new Gostrey Centre, which Waverley Council has given support to in principle, will be referred to in the application, but more work is needed to get ideas for it to the first outline stage and this will follow. Submitted with the planning application will be an environmental statement which will include a full traffic-impact assessment and an evaluation of the impact of the proposals on Farnham's retail scene. The applications will importantly explain details of how the construction period will be addressed to minimise disruption to the normal business of the town. Patrick Haveron, planning portfolio holder, explained that in view of the complexity of the development and the large volume of documentation required, it would take a few weeks to check that the application is valid. Once the application has been validated, it will be available for inspection at council offices and on Waverley's website. It is likely that there will be public information displays in Farnham and on the project website at http://www.eaststreetregeneration.info">www.eaststreetregeneration.info. Chris Mansell said: "It is so important that everyone in Farnham has the chance to study the application at whatever level of detail suits them. The accessibility of these displays is vital."