Agenda and minutes

Apologies of absence were received from the following Councillors; F Birkett, P  J Davies and T M Cartwright.

To confirm as a correct record the minutes of the Planning Committee meeting held on 2 November 2021.

RESOLVED that the minutes of the Planning Committee meeting held on 2 November 2021 be confrimed and signed as a correct record.

The Chairman made the following announcement:

“Members will recall that on 28 May this year, the High Court dismissed a judicial review claim brought by Brook Avenue Residents Against Development (BARAD). This judicial review sought to challenge the grant of an outline planning permission for residential development at Egmont Nurseries in Brook Avenue, Warsash. The High Court Judge also refused BARAD permission to appeal his decision.

BARAD subsequently lodged an application with the Court of Appeal, seeking permission to appeal against the Judge’s decision. On the 21 November the Court of Appeal granted permission for BARAD to appeal on four of their requested five grounds. A copy of the Court’s decision will be made available to view on the Council’s website shortly.

We do not currently have a date as to when this appeal may be heard, and I will update Members further when this information is available.”

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.

24 November 2021

DEPUTATIONS

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

The Committee noted a report by the Director of Planning and Regeneration on the development control matters, including information regarding new appeals and decisions.

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

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

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

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

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

Text to be removed is shown with a line through it. New text is in bold.

Amendments to the report as follows:

8.16    No’s 135 Stubbington Lane and no’s 26-28 Glenthorne Close are adjacent to the northern boundary of the site. No. 135 fronts onto Stubbington Lane with a gap of approximately 53.5m between its southern side elevation and the site’s northern boundary.

8.19    The owner of no. 149 Stubbington Lane initially raised concerns regarding the proposed 2m boundary fence however the fence was reduced to 1.85m in height with a 0.36m trellis convex metal railings on top to address neighbour’s concerns.

8.26    Both accesses would have 2.4 by 4359m visibility splays.

          Consultations:

          Since the publication of the agenda Natural England has replied to the consultation on the Council’s Appropriate Assessment as per paragraph 9.1 of the agenda. The Natural England advice is that the Appropriate Assessment needs further consideration with regards to the recreational disturbance on the Solent SPA’s and New Forrest designated habitats.

          It is Natural England’s view that if residents would be allowed cars, without restrictions in place as regards to the physical abilities of the future residents permitted to live in the care home, then the precautionary approach should be applied and full contributions should be paid towards mitigating recreational disturbance.

          To address this concern at the Appropriate Assessment from Natural England a further condition has been agreed with the applicant’s agent to ensure that no residents of the care home own a car. Such a condition is considered appropriate in mitigating this issue.

          Amendments to the conditions as follows:

2.       The development hereby permitted shall be carried out strictly in accordance with the following drawings/documents:

o   Location plan Drawing no. 4411-WRD-XX-0081 Rev P01

o   Site plan Drawing no. 4411-WRD-XX-00-DR-A-0504 Rev P09

o   Proposed elevations Drawing no. 4411-WRD-ZZ-DR-A-0300 Rev P05

o   Proposed elevations Drawing no. 4411-WRD-ZZ-DR-A-0301 Rev P05

o   Proposed ground floor plan Drawing no. 4411-WRD-XX-ZZ-DR-A-0200 Rev P04

o   Proposed first floor plan Drawing no. 4411-WRD-XX-ZZ-DR-A-0201 Rev P04

o   Proposed second floor plan Drawing no. 4411-WRD-XX-ZZ-DR-A-0202 Rev P03

o   Proposed roof plan Drawing no. 411-WRD-XX-ZZ-DR-A-0203 Rev P02

o   Landscape proposals Drawing no. 102EF

o   Ecological Impact Assessment report by The Landscape Partnership (June 2021)

o   Drainage Strategy ref 16692-HYD-XX-XX-RP-D-5001-PO3

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

8.       Construction of the building hereby approved shall not take place The Care Home hereby approved shall not be occupied until the main access (in the north west corner of the site) including the footway and/or verge crossing has been constructed and lines of sight provided in accordance with the approved plans. The lines of sight splays shown on the approved plans shall be kept free of any obstruction exceeding 0.6 metres in height above the adjacent carriageway in perpetuity thereafter.

REASON: To provided satisfactory access and in the interests of highway safety.

14.     No development shall proceed beyond damp proof course level The Care Home hereby approved shall not be occupied until details of any proposed floodlighting, security lighting or other means of external illumination have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and any lighting thereafter retained in the approved form.

REASON: in order to prevent light disturbance to occupiers of nearby residential properties and control light pollution.

17.     Details of the gazebos (including their acoustic properties) are to be provided to the Local Planning Authority prior to the first occupation of the care home hereby approved. The gazebos shall be provided in accordance with the approved details prior to first occupation of the care home hereby approved and shall be retained for use by the residents in perpetuity.

REASON: To provide a quieter space for residents to use within the garden.

19.     The building hereby approved shall not commence The Care Home hereby approved shall not be occupied until details of all extraction, air-conditioning or refrigeration systems, including all associated external works to be installed, have been submitted to and approved in writing by the Local Planning Authority. The details shall include the positions of any external works (including its shielding or screening), its purpose, any noise levels which its use would generate and how this would be measured. The development shall be carried out in accordance with the approved details and maintained in a satisfactory working order.

REASON: In order to protect neighbours from avoidable disturbance by noise and smells.

23.     No development shall proceed beyond damp proof course level The Care Home hereby approved shall not be occupied until details of secure cycle storage have been submitted to and approved by the Local Planning Authority in writing. The secure cycle stores shall be provided before the Care Home is first occupied and hall thereafter be retained and kept available for use at all times.

REASON: To encourage cycling as an alternative mode of transport.

29.     Works on site relating to the construction of any of the development hereby permitted (including works of demolition or preparation prior to operations) between the months of October and March (inclusive) shall be restricted to those that would not result in noise levels in excess of 69dbA.

REASON: To prevent any disturbance to overwintering birds.

Additional conditions as follows:

30.     The residents of the care home hereby permitted shall not own a car and the car parking areas provided on the shall be for use by staff and visitors only.

REASON: In the interest of avoiding recreational pressure on sensitive sites.

Further to the update above the Planning Officer also provided the Committee with the following verbal updates to the update report:

8.26 of the update report should actually read as “Both accesses would have 2.4 by 44m visibility splays”.

Condition 2 of the update report has the following amendments to some of the drawing plans:

o   Proposed ground floor plan Drawing no. 4411-WRD-XX-00-DR-A-0200 Rev P04

o   Proposed first floor plan Drawing no. 4411-WRD-XX-01-DR-A-0201 Rev P04

o   Proposed second floor plan Drawing no. 4411-WRD-XX-02-DR-A-0202 Rev P03

o   Proposed roof plan Drawing no. 4411-WRD-XX-03-DR-A-0203 Rev P02

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

(Voting: 8 in favour; 0 against)

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

The Committee noted the information in the report.

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