Agenda and minutes

Apologies of absence were received from Councillors; P J Davies and M J Ford, JP.

To confirm as a correct record the minutes of the Planning Committee meeting held on 12 October 2016.

RESOLVED that the minutes of the Planning Committee meeting held on 12 October 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 Development 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 deputation referred to in Minute 5 above.

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

(Voting: 8 in favour; 0 against)

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

Councillor R H Price, JP declared a non-pecuniary interest in this item as he sits on the Regulatory Committee at Hampshire County Council in his role as a County Councillor, and that this application would be coming before the Regulatory Committee for a decision. He informed the Committee that his vote on each Committee would be made by his opinion as a Councillor for each Committee.

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

At the invitation of the Chairman, Councillor Mrs K K Trott addressed the Committee on this item.

Upon being proposed and seconded, the officer recommendation to raise an objection to the proposed application due to the limited landscaping and substantial visual harm caused by the proposed development, was voted on and CARRIED.

(Voting: 7 in favour; 0 against; 1 abstention)

RESOLVED that Hampshire County Council be advised that Fareham Borough Council RAISE OBJECTION to the application as currently proposed. This is because the limited landscaping works proposed will not mitigate against the substantial visual harm caused by the changes to the site levels, the height and size of the proposed office/workshop building, and the extensive hard surfacing and associated parking of lorries and vehicles, on this elevated countryside site.

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

The Committee’s attention was drawn to the Update Report which contained the following information:- The second paragraph of the key issues on page 35 of the report should say the first floor rear extension extends out from the rear of the property by 4.6 meters.

Upon being proposed and seconded the officer recommendation to grant planning permission, was voted on and CARRIED.

(Voting: 8 in favour; 0 against)

RESOLVED that PLANNING PERMISSION be granted.

The Committee’s attention was drawn to the Update Report which contained the following information:- Officers have discussed the wording of the section 106 agreement with the applicant.

The draft agreement contains obligations in respect of financial contributions towards the Solent Recreational Mitigation Project (SRMP) (£4,224) and coastal management measures (25,000).

It also requires that, prior to construction of the new homes, a Public Open Space Management Plan be submitted to and approved by the local planning authority.

In the draft agreement the Public Open Space Management Plan is defined as follows:

“A plan for the design, construction and maintenance of the Public Open Space to include;

- Details of the laying out of the Public Open Space;

- Details of what measures would be put in place to periodically re-route the footpath shown to pass through the public open space from east to west accordingly as required due to coastal erosion;

- Details of the body responsible for the ongoing management of the area of Public Space;

- Details of the maintenance arrangements for the Public Open Space and how that maintenance will be funded.”

The legal agreement then binds the applicant to the following obligations regarding the public open space:

“2.1 Not to Commence the Development until the Public Open Space Management Plan has been submitted to and approved on writing by the Council.

2.2 To construct the Public Open Space in accordance with the Public Open Space Management Plan.

2.3 Not to Occupy or permit Occupation of the Development until the Public Open Space has been constructed in full to the satisfaction of the Council and made available for access by the public.

2.4 Once the Public Open Space has been constructed to the full satisfaction of the Council, to maintain access by members of the public to the Public Open Space at all times for the lifetime of the Development.

2.5 Once the Public Open Space has been constructed to the full satisfaction of the Council, to maintain the Public Open Space in accordance with the approved Public Open Space Management Plan at all times for the lifetime of the Development.

2.6 Once the Public Open Space has been constructed to the full satisfaction of the Council, to periodically re-route the footpath in accordance with the approved Public Open Space Management Plan for the lifetime of the Development.

2.7 If the Owner fails to comply with the provisions of the Public Open Space Management Plan the Council may enter the Land and take such steps as necessary to comply with the provisions of the Public Open Space Management Plan and recover its reasonable expenses from Cross Stone Properties Limited or its successors in title incurred in taking these steps.

2.8 To retain the Public Open Space within the common parts of the development and to integrate the management of the Public Open Space (in accordance with the approved Public Open Space Management Plan) with the general management of the common parts of the development.

2.9 Not to transfer or sell the Public Open Space separately to the rest of the common parts of the Development.”

Clauses 2.1 – 2.6 commit the applicant to adhering to the details submitted in the Public Open Space Management Plan once approved. Clause 2.7 allows the Council to carry out maintenance itself and charge the applicant for doing so in the event that there is a failure to comply with the management plan. Clauses 2.8 – 2.9 ensure that the public open space would remain a part of the wider management arrangements of the development and could not be separated from the management of the other common parts of the site in the future.

Upon being proposed and second the officer recommendation to grant planning permission, 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)  A financial contribution of £25,000 towards coastal management measures;

(c)  Submission of a Public Open Space Management Plan (precise wording to be provided in an update to this report);

and the conditions set out in the Officer report, was voted on ad CARRIED.

(Voting: 8 in favour; 0 against)

RESOLVED that, 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)  A financial contribution of £25,000 towards coastal management measures;

(c)  Submission of a Public Open Space Management Plan (precise wording to be provided in an update to this report);

and the conditions set out in the Officers report, PLANNING PERMISSION be granted.

Upon being proposed and seconded the officer recommendation to refuse planning permission, was voted on and CARRIED.

(Voting: 8 in favour; 0 against)

RESOLVED that PLANNING PERMISSION be REFUSED.

Reasons for Refusal:

The development, by reason of the overall height, scale, siting and massing of the scheme at the rear of the site, would result in an incongruous development that would be out of keeping with the character and appearance of the area. The development fails therefore to accord with Policy CS17 of the Adopted Fareham Borough Core Strategy, and Policy DSP4 of the Adopted Fareham Borough Local Plan Part 2: Development Site and Policies.

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

Councillor N J Walker declared a non-pecuniary interest in this item as he believes that one or two of the potential developers for the site are known to him.

The Committee’s attention was drawn to the Update Report which contained the following information:- The applicant has made a financial contribution of £1,408 (£176 per dwelling) towards the Solent Recreation Mitigation Strategy (SRMS).

The Committee also received a verbal update which provided them with information on the Boundary Hedgerow Management Programme that unfortunately wasn’t submitted in time to be included into the report or the Update Report.

The Committee requested that an additional planning condition be included which requires:

(a)  the hedgerow along the southern site boundary to be retained at a height of no less than 3.0 metres and a width of no less than 2.0 metres;

(b)  the hedgerow along the western site boundary be retained at a height of no less than 2.0 metres and a width of no less than 1.0 metre;

(c)  the hedgerow along the northern site boundary to be retained at a height of no less than 1.8 metres and a width of no less than 1.0 metre; and

(d)  that should any of the hedgerow planting fail; within 5 years of development commences, then it should be replaced.

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

  (i).        The conditions in the report;

 (ii).        The amendment of Condition 2 to include the additional approved Boundary Hedgerow Management Programme; and

(iii).        An additional condition requiring:

(a)  the hedgerow along the southern site boundary to be retained at a height of no less than 3.0 metres and a width of no less than 2.0 metres;

(b)  the hedgerow along the western site boundary to be retained at a height of no less than 2.0 metres and a width of no less than 1.0 metre;

(c)  the hedgerow along the northern site boundary to be retained at a height of no less than 1.8 metres and a width of no less that 1.0 metres; and

(d)  that should any of the hedgerow planting fail within 5 years of development commences, then it should be replaced.

Was voted on and CARRIED.

(Voting: 8 in favour; 0 against)

RESOLVED that, subject to:-

  (i).        The  conditions in the report;

 (ii).        The amendment of Condition 2 to include the additional approved Boundary Hedgerow Management Programme; and

(iii).        An additional condition requiring:

(a)  the hedgerow along the southern site boundary to be retained at a height of no less than 3.0 metres and a width of no less than 2.0 metres;

(b)  the hedgerow along the western site boundary to be retained at a height of no less than 2.0 metres and a width of no less than 1.0 metre;

(c)  the hedgerow along the northern site boundary to be retained at a height of no less than 1.8 metres and a width of no less than 1.0 metre; and

(d)  that should any of the hedgerow planting fail within 5 years of development commences, then it should be replaced.

PLANNING PERMISSION be granted.

Upon being proposed and seconded the officer recommendation to grant permission subject to the completion of a deed of variation to the Section 106 agreement pursuant to the permission P/15/1093/FP on terms to the satisfaction of the Solicitor to the Council, to ensure that the planning obligation reflects the trigger for the delivery of the off site highway improvements, was voted on and CARRIED.

(Voting: 8 in favour; 0 against)

RESOLVED that subject to, the completion of a deed of variation to the Section 106 agreement pursuant to the permission P/15/1093/FP on terms to the satisfaction of the Solicitor to the Council, to ensure that the planning obligation reflects the trigger for the delivery of the off site highway improvements, PLANNING PERMISSION be granted.

Councillor T M Cartwright declared a non-pecuniary interest in this item as he is the Chairman of the Daedalus Working Group.

Councillor J E Butts declared a non-pecuniary interest in this item as he is a member of the Daedalus Working Group and he holds 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:-

AMENDMENTS:

As a point of clarification, the radar enclosure is a 25m by 25m compound and not 21m by 25m as referenced in the agenda report.

CONSULTATIONS:

Environmental Health (Contaminated Land): No objection subject to conditions.

RECOMMENDATION:

As per the main agenda with the following additional conditions:

7) No development shall take place until an investigation of ground conditions (to include contamination, UXO, radiation) and an assessment of the risks from any ground contamination should be carried out. Where results indicate, a strategy of remedial measures necessary to address the identified risks shall be submitted to and approved in writing by the Local Planning Authority. The approved remedial measures within the remedial strategy shall be implemented in full during the construction. Prior to the first use of the radar hereby permitted, validation (by a suitably competent person) or the implementation of the remedial measures shall be submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure a safe working and operating environment and in the interests of the airfield.

8) Should contamination be encountered during works that has not been investigated or considered in the agreed scheme of remedial measures all work must stop. A risk assessment and a detailed remedial method statement shall be submitted to and agreed in writing with the Local Planning Authority before work re-commences. The approved remedial measures within the remedial strategy shall be implemented in full during the construction. Prior to the first use of the radar hereby permitted, validation (by a suitably competent person) of the implementation of the remedial measures shall be submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure a safe working and operating environment and in the interests of the airfield.

Members were asked agree with the deletion of Condition 4 in the report, as Condition 8 in the update report now covers this condition in more detail.

Upon being proposed and seconded the officer recommendation to grant planning permission, subject to the removal of condition 4; the conditions in the report and the update report, was voted on and CARRIED.

(Voting: 6 in favour; 1 against; 1 abstention)

RESOLVED that, subject to the removal of condition 4, the conditions in the report and update report, PLANNING PERMISSION 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.

To consider the confirmation of the following Tree Preservation Order(s), which have been made by officers under delegated powers and to which no formal objections have been received.

Fareham Borough Council 169 Segensworth Road, Titchfield Tree Preservation Order No. 727 2016.

Order served on 2 September for which there were no objections.

It is recommended that Fareham tree Preservation Order No. 727 be confirmed as made and served.

The Committee considered the confirmation of the following Fareham Tree Preservation Order(s), which had been made under delegated powers and to which no formal objection had been received.

Fareham Tree Preservation Order No. 727, 169 Segensworth Road, Titchfield.

Order served on 2 September 2016 for which there were no objections.

It is recommended that Fareham Tree Preservation Order No. 727 be confirmed as made and served.