Agenda and minutes

There were no apologies of absence.

To confirm as a correct record the minutes of the Planning Committee meeting held on 14 September 2016.

RESOLVED that the minutes of the Planning Committee meeting held on 14 September 2016 be confirmed and signed as a correct record.

There were no Chairman’s announcements.

To receive any declarations of interest from members in accordance with Standing Orders and the Council’s Code of Conduct.

In accordance with the Standing Orders and the Council’s Code of Conduct, the following members declared an interest in the applications referred to:-

To receive any deputations of which notice has been lodged.

The Committee received a deputation from the following in respect of the applications indicated and were thanked accordingly.

To consider a report by the Director of Planning and Regulation on development control matters, including information regarding new planning appeals and decisions.

The Committee noted a report by the Director of Planning and Regulation on the development management matter applications and miscellaneous matters including information on Planning Appeals. An Update Report was tabled at the meeting.

The Committee received the deputations referred to in Minute 5 above.

The Committee’s attention was drawn to the Update Report which contained the following information:- Update to condition 2 following receipt of amended site plan and landscaping proposals;

2. The development shall be carried out in accordance with the following approved documents:

i) Site Survey – drwg No. 303

ii) Location Plan – drwg No. 101 Rev A

iii) Proposed Site Plan – drwg No. 200 Rev M

iv) Proposed Elevations and Floor Plans – drwg No. 301 Rev C

v) Garage Elevations & Fllor Plans – drwg No. 302

vi) Phase 1 Ecology Report – February 2016

vii) Phase 2 Survey Report & Update

viii) Japanese Knotweed Management Plan – Remediation Report June 2016

ix) Planting Plan Sheet 1 : Beds 1-4

x) Planting Plan Sheet 2 : Beds 5-9

xi) Planting Plan Sheet 3 : Beds 10-11 Rev A

xii) Planting Plan Sheet 4 : Beds 12-13 Rev A

xiii) Planting Plan Sheet 5 : Beds 14-16 Rev A

xv) Landscape Specification & Management Plan

xvi) Plant Schedule 6 October 2016

A Materials schedule has been received which officers consider to be acceptable. Amend Condition 3 as follows;

3. The development shall be undertaken in accordance with the material schedule received 3 October 2016 unless otherwise first agreed in writing with the local planning authority.

REASON: To secure the satisfactory appearance of the development; in accordance with Policy CS17 of the Adopted Fareham Borough Core Strategy.

Amend condition 4 (Boundary treatment) as follows;

4. The development shall be undertaken in accordance with the scheme for boundary treatment detailed on the approved site plan (No. 200 Rev M). The boundary treatment shall be completed before the dwelling is first occupied or in accordance with a timetable agreed in writing with the local planning authority and shall thereafter be retained at all times unless otherwise agreed with the local planning authority in writing.

REASON: In the interests of residential amenity; in the interests of the character and appearance of the area.

An amended detailed landscaping scheme has been received after officers raised concerns that the replacement tree planting on site should be native species. The proposal includes for the planting of 26 replacement native trees along the site boundaries and within the centre of the site. The trees include a mixture of Bird Cherry, Whitebeam, Sweet Gum, Hawthorne, Field Maple, Blackthorn and Wild Cherry. The majority of these trees would be planted at an initial height of 3-3.5m. In addition proposals have been presented for ornamental low level planting immediately to the front and rear of the dwelling, a wildflower meadow at the western end of the site and native hedgerow planting along the southern boundary close to the river and evergreen shrub planting to provide screening on the boundary with Hamble’s Edge. The landscaping scheme is considered acceptable and would accord with the recommendations set out within the applicant’s ecology report.

Amend Condition 6 as follows;

The approved landscaping scheme shall be implemented within the first planting season following the commencement of the development or as otherwise agreed in writing with the Local Planning Authority and shall be maintained in accordance with the agreed schedule. Unless otherwise first agreed in writing, any trees or plants which, within a period of five years from first planting, are removed, die or, in the opinion of the planning authority, become seriously damaged or defective, shall be replaced, within the next available planting season, with others of the same species, size and number as originally approved.

REASON: To ensure the provision, establishment and maintenance of a standard of landscaping; in the interests of nature conservation.

A motion was proposed and seconded to refuse the application on the size, height, bulk of the property and that it is not in keeping with the local area, was voted on and CARRIED.

(Voting: 6 in favour; 3 against)

RESOLVED that PLANNING PERMISSION be REFUSED.

Reasons for Refusal:

The proposed development is contrary to Policies CS14 and CS17 of the Adopted Fareham Borough Core Strategy 2011 and Policy DSP6 of the adopted Local Plan Part 2: Development Sites and Policies Plan and is unacceptable in that:

By virtue of the height, width, resultant bulk and proximity of the proposed dwelling to the site boundaries the proposal would fail to respond positively to and be respectful of the key characteristics of the area including its landscape, scale, form and spaciousness. The proposal would therefore be detrimental to the character of the area particularly when viewed from the River Hamble, the opposite side of the river and the public footpath on the eastern side of the river.

The Committee received the deputation referred to in Minute 5 above.

At the invitation of the Chairman, Councillor S Cunningham addressed the Committee on this item.

The Committee’s attention was drawn to the Update Report which contained the following information:- The recommendation is amended as follows:

Subject to the applicant/owner first entering into a planning obligation under Section 106 of the Town and Country Planning Act 1990 on terms drafted by the Solicitor to the Council to secure:

a) A financial contribution towards the Solent Recreational Mitigation Project (SRMP);

b) Submission of a Public Open Space Management Plan (including details of ongoing management, maintenance, coastal erosion and land contamination management measures);

PERMISSION subject to the following conditions:

1. The development shall begin before the expiry of a period of three years from the date of this decision.

REASON: To allow a reasonable time period for work to start, to comply with Section 91 of the Town and Country Planning Act 1990, and to enable the Council to review the position if a fresh application is made after that time.

2. The development shall be carried out in accordance with the following approved documents:

a) 18-1946-102 – Site location plan

b) 16-2037-001 – Planning Layout Rev G

c) 16-2037-003 – Storey Heights Rev B

d) 16-2037-004 – External Enclosures Layout Rev D

e) 16-2037-005 – External Finishes Layout Rev B

f) 16-2037-007 – Bin & Cycle Strategy Rev B

g) 16-2037-009 – Enclosure Details Rev C

h) 16-2037-008 – Hard Surfacing Layout Rev B

i) 16-2037- All House Types Rev E

j) 16-2037-010 – Site Sections Rev B

k) Noise Impact Assessment – 24 Acoustics January 2014

l) Arboricultural Impact Assessment and Method Statement – ACD Arboriculture January 2014

m) Reptile Letter Report – WYG July 2016

REASON: To avoid any doubt over what has been permitted.

3. No development shall take place above damp proof course (dpc) level until details of the external materials and hard surfaced external areas to be used in the development have been submitted to and approved by the local planning authority in writing. The development shall be carried out in accordance with those details unless otherwise agreed in writing by the local planning authority.

REASON: To ensure a high quality design and appearance to the development.

4. No development shall take place, with the exception of demolition of the existing buildings, until a detailed landscaping scheme identifying all existing trees, shrubs and hedges to be retained together with species, planting sizes, planting distances, density, numbers and provisions for future maintenance of all new planting, including all areas to be grass seeded and turfed, has been submitted to and approved by the local planning authority in writing.

REASON: In order to secure the satisfactory appearance of the development.

5. The landscaping scheme, submitted under Condition 4 above, shall be implemented within the first planting season following the commencement of the development or as otherwise agreed in writing with the local planning authority and shall be maintained in accordance with the agreed schedule. Unless otherwise first agreed in writing, any trees or plants which, within a period of five years from first planting, are removed, die or, in the opinion of the local planning authority, become seriously damaged or defective, shall be replaced, within the next available planting season, with others of the same species, size and number as originally approved.

REASON: To ensure the provision, establishment and maintenance of a standard of landscaping.

6. No development shall take place above damp proof course (dpc) level until details of external lighting to be installed have been submitted to and approved by the local planning authority in writing. The development shall be carried out in accordance with those details unless otherwise agreed in writing by the local planning authority.

REASON: In order to secure the satisfactory appearance of the development; to protect the living conditions of residents.

7. No development shall take place, with the exception of demolition of the existing buildings, until details of the internal finished floor levels and external finished ground levels have been submitted to and approved by the local planning authority in writing. The details shall show that the finished floor levels of the residential units will be set no lower than 4.6 metres above Ordanance Datum (AOD) and the levels of the internal access roads set no lower than 4.3 mAOD. The development shall be carried out in accordance with those details.

REASON: To ensure appropriate flood risk mitigation to this development.

8. No development shall take place above damp proof course (dpc) level until the following details have been submitted to and approved by the local planning authority in writing:

a) Details of the design and appearance, including materials to be used in the construction, of the screened bin stires to Plots 11, 14, 15 & 18;

b) Details of the design and appearance, including materials to be used in the construction, of the cycle storey shed for all plots.

The development shall be carried out in accordance with those details unless otherwise agreed in writing by the local planning authority.

REASON: In order to secure the satisfactory appearance of the development.

9. No development shall take place, with the exception of the demolition of the existing buildings, until details have been submitted to and approved by the local planning authority in writing in relation to boundary treatment to be erected along or close to the western site boundary adjacent to nos. 76, 78, 88 & 90 Wicor Mill Lane in order to protect the privacy of the occupants of those properties following the rise in site levels. The development shall be carried out in accordance with those details unless otherwise agreed in writing by the local planning authority. The approved boundary treatment shall thereafter be retained at all times unless otherwise agreed in writing by the local planning authority.

REASON: To protect the privacy of the occupants of neighbouring properties.

10. No development shall take place, with the exception of demolition of the existing buildings, until a scheme of sound attenuation measures to be incorporated into the dwellings on Plots 3, 4, 7, 8, 9, 20, 21, 22, 23 & 24 has been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with those details unless otherwise agreed in writing by the local planning authority.

REASON: To protect the living conditions of occupants of the new dwellings.

11. No development shall take place, with the exception of demolition of the existing buildings, until a surface water drainage plan has been submitted to and approved by the local planning authority in writing. The surface and waste water drainage plan shall not propose any infiltration of surface water into the ground unless it can be demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the local planning authority.

REASON: To ensure adequate provision is made for the satisfactory disposal of surface waste water; to prevent mobilisation of contaminants which may be present which could cause pollution of groundwater.

12. No development shall take place, with the exception of the existing buildings, until details of those retaining walls the position of which is shown on the approved site plan have been submitted to and approved by the local planning authority in writing. The development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the local planning authority.

REASON: In order to secure the satisfactory appearance of the development; to ensure the adequate provision of private garden space.

13. No development shall take place, with the exception of demolition of the existing buildings, until:

a) A desk top study and site walkover of the whole site (including the area of proposed public open space), which investigates the former uses of the site and adjacent land and their potential for contamination, with information on the environmental setting including known geology and hydrogeology, has been submitted to and approved in writing by the local planning authority. This report should develop a conceptual model and identify potential contaminant-pathway-receptor linkages.

b) Should the above study reveal a potential for contamination, an intrusive site investigation and assessment of the risks posed to human health, the building fabric and the wider environment including mater resources shall be submitted to and approved by the local planning authority.

c) Where the site investigation and risk assessment reveals a risk to receptors, a detailed scheme for remedial works to address these risks and ensure the site is suitable for the proposed use shall be submitted to and approved by the local planning authority in writing. The scheme shall also include the nomination of a competent person to oversee the implementation of the measures.

The development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the local planning authority.

REASON: To ensure that any contamination of the site is properly taken into account before

14. No development shall take place, with the exception of demolition of the existing buildings, until a scheme of biodiversity enhancements has been submitted to and approved by the local planning authority in writing. The scheme shall include details of the incorporation of bat loft/access tiles into the development and the specification of sensitive external lighting. The development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the local planning authority.

REASON: To enhance biodiversity.

15. No development shall take place, with the exception of demolition of the existing buildings, until a Construction Traffic Management Plan has been submitted to and approved by the local planning authority in writing. The development shall be carried out in accordance with the approved details.

REASON: In the interests of highway safety.

16. No development shall take place, with the exception of demolition of the existing buildings, until a Site Setup Plan has been submitted to and approved in writing by the local planning authority.

The Site Setup Plan should include the following:

a) Details of how provision is to be made for the parking of operatives vehicles;

b) Details of areas to be used on site for the storage of building materials, plant, excavated materials and huts associated with the implementation of the permitted development;

c) Details of measures to be taken to prevent spoil and mud from being deposited on the public highway by vehicles leaving the site during the construction work.

The development shall be carried out in accordance with the approved details and the areas and facilities approved in pursuance to this condition shall be made available before construction works commence on site (other than construction of the site access) and shall thereafter be kept available at all times during the construction period, unless otherwise agreed in writing with the local planning authority.

REASON: In the interests of highway safety and to ensure that the living conditions of the occupiers of nearby residential properties are protected during the construction period.

17. Before any of the dwellings hereby permitted are first occupied, confirmation that the remedial works required and approved pursuant to condition 13 above have been carried out in accordance with the agreed remedial strategy shall be provided in a report by an independent competent person which shall be submitted to and approved by the local planning authority in writing.

REASON: To ensure that any contamination of the site has been properly remediated as agreed.

18. Before any of the dwellings hereby permitted are first occupied the parking spaces shown on the approved site plan (16-2037-001 – Planning Layout Rev G) shall, with the exception of those spaces marked with a “V” on that plan, be provided for use by the occupants of their respective plots as identified on that plan and shall each thereafter be retained for use solely by the occupants of those respective plots at all times unless otherwise agreed in writing by the local planning authority.

REASON: To ensure adequate parking provision.

20. The presence of any unsuspected contamination that becomes evident during the development of the site shall be brought to the attention of the local planning authority. Any unsuspected contamination shall be investigated to assess the risks to human health and the wider environment and a remediation scheme shall be submitted to and approved by the local planning authority in writing. The approved scheme of remedial works shall be fully implemented before any of the dwellings hereby permitted are first occupied. On completion of the remedial works and prior to the occupation of any properties on the development, confirmation that the works have been completed in full and in accordance with the approved scheme shall be submitted to and approved by the local planning authority in writing.

REASON: To ensure that, if found, any unsuspected contamination of the site is taken into account and properly remediated.

21. The development shall be carried out in accordance with the recommendations and mitigation measures set out within the approved Reptile Letter Report – WYG July 2016 unless otherwise agreed in writing by the local planning authority.

REASON: To provide appropriate mitigation measures for reptiles.

22. No percussive piling or construction works with heavy machinery (i.e. plant resulting in a noise level in excess of 69bdAmax – measured at the sensitive receptors) shall be undertaken during the bird overwintering period (i.e. October to March inclusive)

REASON: To avoid disturbance of overwintering birds.

23. No piling or construction of foundation designs using penetrative methods shall be carried out as part of the development hereby permitted unless otherwise agreed in writing by the local planning authority.

REASON: To prevent mobilisation of containments which may be present which could cause pollution of groundwater.

24. No work relating to the construction of any of the development hereby permitted (including works of demolition or preparations prior to operations) shall take place before the hours of 0800 or after 1800 Monday to Friday, before the hours 0800 or after 1300 Saturdays or at all on Sundays or recognised public holidays, unless otherwise first agreed in writing with the local planning authority.

REASON: To protect the living conditions of neighbours.

25. Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) Order 2015 (or any subsequent Order revoking and re-enacting that Order), no porches extensions to any of the dwellings hereby permitted shall be constructed, and no outbuildings or additional areas of hard standing within the curtilage of the dwelling shall be constructed unless first agreed in writing by the local planning authority following the submission of a planning application.

REASON: To ensure that any contamination of the site is properly taken into account before any further development is carried out; in the interests of the character and appearance of the area; to ensure the retention of adequate sized private gardens to meet the needs of residents.

26. The first floor windows to be inserted into the north side elevations of Plots 3, 21 & 23 and south side elevations of Plots 4, 20 & 22 shall be glazed with obscure glass and be of a non-opening design and construction to a height of 1.7 metres above internal finished floor level and shall thereafter be retained in that condition at all times.

REASON: To protect the privacy of neighbours.

A motion was proposed and seconded to defer the application, in order to obtain further information on how the issue of future coastal erosion will be managed, as well as Members being given information on the wording for the Section 106 Agreement, was voted on and carried.

(Voting: 9 in favour; 0 against)

RESOLVED that the application be DEFERRED.

Councillor T M Cartwright declared a non-pecuniary interest in this item as he is the Chairman of the Daedalus Member’s Working Group.

Councillor M J Ford, JP declared a non-pecuniary interest in this item as he is a member of the Daedalus Member’s Working Group.

Councillor J E Butts declared a non-pecuniary interest in this item as he is also a member of the Daedalus Member’s Working Group, and he also hold a private pilot’s licence and occasionally files from Daedalus Airfield.

The Committee’s attention was drawn to the Update Report which contained the following information:- The following additional condition is added to the recommendation:

14) The hangars hereby permitted shall be used only for purposes within Use Classes B1, B2 and B8 and for no other purpose of the Schedule of the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to Class B1, B2 or B8 or any statutory instrument revoking and re-enacting that Order with or without modification unless otherwise first agreed in writing with the Local Planning Authority following the submission of a planning application for that purpose. Unless approved otherwise in writing by the Local Planning Authority, at least 51% of the area of each of the hangars hereby approved shall be used for B2 and B8 purposes and these uses shall be engaged in aviation and or aerospace and/or marine purposes.

Reason: To protect the creation of local employment opportunities including the key objectives of the Solent Enterprise Zone in accordance with Policies CS12, CS14 and CS17 of the Adopted Fareham Borough Core Strategy.

Upon being proposed and seconded, the officer recommendation to grant planning permission subject to the conditions in the report and the additional condition in the update report, was voted on and CARRIED.

(Voting: 9 in favour; 0 against)

RESOLVED that, subject to the conditions in the report and the additional condition in the update report, PLANNING PERMISSION be granted.

The Committee received the deputation referred to in Minute 5 above.

Upon being proposed and seconded the officer recommendation to grant planning permission, subject to the following:-

  (i).        An additional condition requiring that the development be carried out in accordance with the flood risk assessment;

 (ii).        An additional condition preventing chairs or seating on the roof above the managers accommodation; and

(iii).        The receipt of a satisfactory amended plan reducing the size of the landing access across to the new staircase to prevent the use of the landing for seating and waiting.

Was voted on and CARRIED.

(Voting: 9 in favour; 0 against)

RESOLVED that, subject to the following:-

  (i).        An additional condition requiring that the development be carried out in accordance with the flood risk assessment;

 (ii).        An additional condition preventing chairs or seating on the roof above the managers accommodation; and

(iii).        The receipt of a satisfactory amended plan reducing the size of the landing access across to the new staircase to prevent the use of the landing for seating and waiting.

PLANNING PERMISSION be granted.

Upon being proposed and seconded, the officer recommendation that consent be granted, subject to the conditions in the report, was voted on and CARRIED.

(Voting: 7 in favour; 1 against; 1 abstention)

RESOLVED that, subject to the conditions in the report, CONSENT be granted.

The Committee noted the information in the report.

The Update Report was tabled at the meeting and considered with the relevant agenda item.