Agenda and minutes

Apologies of absence were received from Councillor’s T M Cartwright, and R H Price, JP.

To confirm as a correct record the minutes of the Planning Committee meeting held on 13 December 2017.

RESOLVED that the minutes of the Planning Committee meeting held on 13 December 2017, be confirmed and signed as a correct record.

There were no Chairman’s announcements made at this meeting.

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

There were no declarations of interest made at this meeting.

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 Finance and Resources on the Committee’s Spending Plans for 2018/19.

The Committee considered a report by the Director of Finance and Resources on the Committee’s spending plans for 2018/19.

RESOLVED that the Committee:-

(a)  agreed the revised budget for 2017/18, and the base budget for 2018/19;

(b)  noted the fees and charges for 2018/19; and

(c)  recommends the budget to Full Council for approval.

To consider a report by the Director of Finance and Resources on the Actual Revenue Expenditure for 2016/17.

The Committee considered a report by the Director of Finance and Resources on the actual revenue expenditure for 2016/17.

RESOLVED that the Committee note the content of the report.

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 control matter applications and miscellaneous matters including the information on Planning Appeals. An Update Report was tabled at the meeting.

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

At the invitation of the Chairman, Councillor T M Cartwright, Executive Member for Health and Public Protection addressed the Committee on this item. He left the room after making his representation and was not present for the debate or decision.

The Committee’s attention was drawn to the Update Report which contained the following information:-

Further objections have been received bringing the total to 281 which include the following additional concerns:

Pressure on green/open space in the area and Solent Foreshore

Premature pending draft Local Plan

Impact on sewage and drainage

Officer response:

The development, if approved would incorporate public open space.

The material planning considerations are set out within the officer report.

Southern Water and the Lead Local Flood Authority have no objection to the application.

We have been asked to change condition 3 to alter timescales for the implementation of the outline consent if approved. Therefore condition 3 should rad:

The development hereby permitted shall be begun before the expiration of 12 months from the date of the approval of the last of the reserved matters.

REASON: To comply with the procedures set out in Section 91 of the Town and Country Planning Act 1990.

The Committee was provided with a verbal update from the Planning Officer who informed them that since the publication of the Update Report a further 17 representations have been received on this application.

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

(i)            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:

-       Financial contributions to provide for satisfactory mitigation of the ‘in combination’ effects that the increase in residential units on the site would cause through increased recreational disturbance on the Solent Coastal Special Protection Areas;

-       Financial contributions towards highway improvements to the highway network resulting from impacts of the development

-       The provision of the open space to the Council, including provision for its maintenance

-       A financial contribution towards the delivery of a play area and associated maintenance

-       Vehicular, cycle and pedestrian access to adjoining land

-       The delivery of 40% of the permitted dwellings as affordable housing;

(ii)          Delegate to the Head of Development Management in consultation with the Solicitor to the Council to make any minor modifications to the proposed conditions or heads of terms or any subsequent minor changes arising out detailed negotiations with the applicant which may necessitate the modification which may include the variation, addition or deletion of the conditions and heads as drafted to ensure consistency between the two sets of provisions;

(iii)         Members confirm that this Council now withdraws reason for refusal 1 (a) of P/16/1049/OA (as set out in full in the introduction to this report) which is subject to a current planning appeal and that the Planning Inspectorate and the appellant are notified accordingly;

(iv)         The conditions in the report; and

(v)          The amended condition 3 as set out in the Update Report.

Was voted on and CARRIED.

(Voting: 5 in favour; 4 against)

RESOLVED that, subject to:-

(i)            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:

-       Financial contributions to provide for satisfactory mitigation of the ‘in combination’ effects that the increase in residential units on the site would cause through increased recreational disturbance on the Solent Coastal Special Protection Areas

-       Financial contributions towards highway improvements to the highway network resulting from impacts of the development

-       The provision of the open space to the Council, including provision for its maintenance

-       A financial contribution towards the delivery of a play area and associated maintenance

-       Vehicular, cycle and pedestrian access to adjoining land

-       The delivery of 40% of the permitted dwellings as affordable housing;

(ii)          Delegate to the Head of Development Management in consultation with the Solicitor to the Council to make any minor modifications to the proposed conditions or heads of terms or any subsequent minor changes arising out detailed negotiations with the applicant which may necessitate the modification which may include the variation, addition or deletion of the conditions and heads as drafted to ensure consistency between the two sets of provisions;

(iii)         Members confirm that this Council now withdraws reason for refusal 1 (a) of P/16/1049/OA (as set out in full in the Introduction to this report) which is subject to a current planning appeal and that the Planning Inspectorate and the appellant are notified accordingly;

(iv)         The conditions in the report; and

(v)          The amended condition 3 as set out in the Update Report

PLANNING PERMISSION be granted.

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

At the invitation of the Chairman, Councillor T M Cartwright, Executive Member for Health and Public Protection addressed the Committee on this item. He left the room after making his representation and was not present for the debate or decision.

The Committee’s attention was drawn to the Update Report which contained the following information:-

Further objections have been received bringing the total to 432 and raise the following additional concern:

Existing TPO trees have been removed on the eastern part of the site. More enhancement planting needed.

The Tree Officer has undertaken a site visit and is satisfied that there has been no recent or unauthorised tree works.

We have been asked to change condition 3 to alter timescales for the implementation of the outline consent if approved. Therefore condition 3 should read:

The development hereby permitted shall be begun before the expiration of 12 months from the date of the approval of the last of the reserved matters.

REASON: to comply with the procedures set out in Section 91 of the Town and Country Planning Act 1990.

The Committee were given a verbal update by the Planning Officer to inform them that since the publication of the Update Report a further 18 letters of representation have been received.

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

(i)            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:

-       Financial contribution to secure satisfactory mitigation of the ‘in combination’ effects that the increase in residential units on the site would cause through increased recreational disturbance on the Solent Coastal Special Protection Areas

-       Financial contribution towards highway improvements to the highway network resulting from the impacts of the development

-       The provision of the open space to the Council, including contributions for its maintenance

-       A financial contribution towards the delivery of a play area and associated maintenance

-       Access to adjoining land

-       The delivery of 40% of the permitted dwellings as affordable housing

-       Travel Plans and related costs;

(ii)          Delegate to the Head of Development Management in consultation with the Solicitor to the Council to make any minor modifications to the proposed conditions or heads of terms or any subsequent minor changes arising out detailed negotiations with the applicant which may necessitate the modification which may include the variation, addition or deletion of the conditions and heads as drafted to ensure consistency between the two sets of provisions;

(iii)         The conditions in the report; and

(iv)         The amended condition 3 as set out in the Update Report.

Was voted on and CARRIED.

(Voting: 5 in favour; 4 against)

RESOLVED that, subject to:-

(i)            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:

-       Financial contribution to secure satisfactory mitigation of the ‘in combination’ effects that the increase in residential units on the site would cause through increased recreational disturbance on the Solent Coastal Special Protection Areas

-       Financial contribution towards highway improvements to the highway network resulting from the impacts of the development

-       The provision of the open space to the Council, including contributions for its maintenance

-       A financial contribution towards the delivery of a play area and associated maintenance

-       Access to adjoining land

-       The delivery of 40% of the permitted dwellings as affordable housing

-       Travel Plans and related costs;

(ii)          Delegated to the Head of Development Management in consultation with the Solicitor to the Council to make any minor modifications to the proposed conditions of heads of terms or any subsequent minor changes arising out detailed negotiations with the applicant which may necessitate the modification which may include the variation, addition or deletion of the conditions and heads as drafted to ensure consistency between the two sets of provisions;

(iii)         The conditions in the report; and

(iv)         The amended condition 3 as set out in the Update Report.

PLANNING PERMISSION be granted.

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

At the invitation of the Chairman, Councillor T M Cartwright, Executive Member for Health and Public Protection addressed the Committee on this item. He left the room after he had made his representation and was not present during the debate or decision.

The Committee’s attention was drawn to the Update Report which contained the following information:-

Further objections have been received bringing the total to 286.

We have been asked to change condition 3 to alter timescales for the implementation of the outline consent if approved. Therefore condition 3 should read:

The development hereby permitted shall be begun before the expiration of 12 months from the date of the approval of the last of the reserved matters.

REASON: To comply with the procedures set out in Section 91 of the Town and Country Planning Act 1990.

The Committee were given a verbal update by the Planning Officer, who informed them that since the publication of the Update Report a further 17 letters of representation have been received.

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

(i)            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:

-       Financial contribution to secure satisfactory mitigation of the ‘in combination’ effects that the increase in residential units on the site would cause through increased recreational disturbance on the Solent Coastal Special Protection Areas

-       Financial contribution towards highway improvements to the highway network resulting from the impacts of the development

-       The provision of open space, towards the delivery of a play area and associated maintenance

-       Vehicular, pedestrian and cycle access to adjoining land

-       The delivery of 40% of the permitted dwellings as affordable housing

-       Travel Plan and related monitoring cost and bond;

(ii)          Delegate to the Head of Development Management in consultation with the Solicitor to the Council to make any minor modifications to the proposed conditions or heads of terms or any subsequent minor changes arising out detailed negotiations with the applicant which may necessitate the modification which may include the variation, addition or deletion of the conditions and heads as drafted to ensure consistency between the two sets of provisions;

(iii)         The conditions in the report; and

(iv)         The amended condition 3 as set out in the Update Report.

Was voted on and CARRIED.

(Voting: 5 in favour; 4 against)

RESOLVED that, subject to:-

(i)            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:

-       Financial contribution to secure satisfactory mitigation of the ‘in combination’ effects that the increase in residential units cause through increased recreational disturbance on the Solent Coastal Special Protection Areas

-       Financial contribution towards highway improvements to the highway network resulting from the impacts of the development

-       The provision of open space, to the Council, including provision for its maintenance

-       Vehicular, pedestrian and cycle access to adjoining land

-       The delivery of 40% of the permitted dwellings as affordable housing

-       Travel Plan and related monitoring cost and bond;

(ii)          Delegated to the Head of Development Management in consultation with the Solicitor to the Council to make any minor modifications to the proposed conditions or heads of terms or any subsequent minor changes arising out detailed negotiations with the applicant which may necessitate the modification which may include the variation, addition or deletion of the conditions and heads as drafted to ensure consistency between the two sets of provisions;

(iii)         The conditions in the report; and

(iv)         The amended condition 3 as set out in the Update Report.

PLANNING PERMISSION be granted.

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: 7 in favour; 0 against)

(Councillors P J Davies, and Mrs C L A Hockley were not present for the consideration of this item)

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

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

At the invitation of the Chairman, Councillor T M Cartwright, Executive Member for Health and Public Protection, addressed the Committee on this item.

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

(i)            The conditions in the report;

(ii)          An additional condition requiring the fence and gates to be stained/treated; and

(iii)         An additional condition requiring a Management Plan to be submitted in relation to the use of the gates permitted on to Newtown Road.

Was voted on and CARRIED.

(Voting: 8 in favour; 1 against)

RESOLVED that, subject to:

(i)            The conditions in the report;

(ii)          An additional condition requiring the fence and gated to stained/treated; and

(iii)         An additional condition requiring a Management Plan to be submitted in relation to the use of the gates permitted on to Newtown Road.

PLANNING PERMISSION be granted.

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:-

Further email received from the Agent raising several comments on the content of the Committee Report. Namely the omission of comments from the Planning Strategy team, the salient issues from which have been considered within the Planning Considerations section of the Report.

The other matter relates to the question over whether or not the site is considered previously developed land as part of the garden of 17 Burridge Road. Some evident had been provided by the applicant regarding its use in the past by the owners of 17 Burridge Road for camping and growing vegetables, however the site is separated from the main garden area by a post and rail fence and officers do not consider it to fall within the curtilage of the developed land. Even if it were considered as a brownfield site, officers do not consider that this would change the overall consideration of its conflict with the NPPF and relevant policies of the development plan.

One additional letter of support from the occupiers of 17 Burridge Road has been received, together with a petition with 27no. signatories supporting the application.

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

(Voting: 8 in favour; 1 against)

RESOLVED that PLANNING PERMISSION be REFUSED.

Reasons for Refusal

The development would be contrary to Policies CS2, CS6, CS14 and CS17 of the Adopted Fareham Borough Core Strategy 2011 and Policies DSP1, DSP6 and DSP40 of the Adopted Local Plan Part 2: Development Sites and Policies Plan and, the National Planning Policy Framework (particularly paragraphs 6, 14 and 55) and is unacceptable in that:

i)             the provision of a dwelling in this location would be contrary to adopted local plan policies which seek to prevent additional residential development in the countryside which does not require a countryside location;

ii)            the introduction of a dwelling in this location would fail to respond positively to and be respectful of the key characteristics of the area, particularly its predominantly undeveloped nature, which would be out of character with the prevailing pattern of development in the area.

Informative:

a)    This decision relates to the following plans:

i.              Location Plan (Drawing: SS/DP/001)

ii.            Proposed Ground Floor Plan (Drawing: SS/DP/003 Rev A)

iii.           Proposed First Floor Plan (Drawing: SS/DP/004 Rev A)

iv.           Proposed Elevations (Drawing: SS/DP/005 Rev A); and

v.            Detailed Block Plan (Drawing: SS/DP/007).

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:-

For clarification the proposal has been amended since submission and the external bin collection point has been removed from the scheme. The bins would be stored within the internal bin store and arrangements would be made for private refuse collection. Any reference to a bin collection point within the report should be disregarded.

(Councillors P J Davies, and Mrs C L A Hockley left the meeting during this item.)

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: 7 in favour; 0 against)

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

(Councillors P J Davies and Mrs C L A Hockley were not present for this item)

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

(Voting: 7 in favour; 0 against)

RESOLVED that PLANNING PERMISSION be granted.

(Councillors P J Davies and Mrs C L A Hockley were not present for this item)

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: 7 in favour; 0 against)

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

(Councillors P J Davies and Mrs C L A Hockley were not present for this item)

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

(Voting: 7 in favour; 0 against)

RESOLVED that PLANNING PERMISSION be granted.

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:-

2no. further letters of objection were received raising concerns about the flooding issue with the loss of the wall.

A further verbal update was given to the Committee that a further 5no. letters of objection had also been received raising concerns about the loss of the wall.

(Councillors P J Davies and Mrs C L A Hockley were not present for this item)

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

(Voting: 6 in favour; 1 against)

RESOLVED that 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.