Agenda and minutes

Apologies of absence were received from Councillor Miss J Bull and Councillor Mrs C L A Hockley.

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.

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 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.

The Committee received the deputations referred to in Minute 4 above.

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

i)             The receipt of a 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;

ii)            The receipt of a 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 New Forest SPA/SAC/Ramsar; and

iii)           The conditions in the report.

Was voted on and CARRIED.

(Voting: 8 in favour; 0 against)

RESOLVED that, subject to: -

i)             The receipt of a 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;

ii)            The receipt of a 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 New Forest SPA/SAC/Ramsar; and

iii)           The conditions in the report.

PLANNING PERMISSION be granted.

The Committee received the deputation referred to in Minute 4 above.

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

1.    Updated Consultee Response

Natural England have confirmed no objection to the HRA subject to the mitigation being secured.

2.    Conditions numbers 1 and 3 to be updated as follows:

-Condition 1

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

Arboricultural Assessment and Method Statement – 16023-AA10-PB

Tree Protection Plan – 16023-15

Engineering Technical Note – Discharge of Conditions 9, 10, 11 and 14 – 22747 – V3.0

Planning Documents Submission List – Discharge of Conditions 9, 10, 11 and 14 – 22747 – V3.0

Flood Risk Assessment Part 1 (from outline permission) – 22747

Flood Risk Assessment Part 2 (from outline permission) – 22747

Engineering Drawing Issue Register – 22747

Causeway Flows Surface Water Calculations

Generic Quantitative Risk Assessment (Soakaway Testing) – J18-024-R01

Ecological Appraisal and Protected Species Survey

Biodiversity Mitigation Strategy

Materials Schedule

Affordable Housing Statement – Addendum May 2022

Location Plan – LP.03 – RevA

Coloured Site Layout Phase 2 – CSL.03 – RevD

Coloured Site Layout Phase 1 and Phase 2 – CSL.04 – RevC

Site Layout Phase 2 – SL.03 – RevD

Site Layout Phase 1 and Phase 2 – SL.04 – RevC

Site Layout Phase 2 – SL.03 – RevD

Site Layout Phase 1 and 2 – SL.04 – RevC

Dwelling Materials Layout – DML.03 – RevC

Boundary Materials Layout – BML.03 – RevD

Parking Strategy Layout – PSL.03 – RevC

Coloured Street Elevations – CSE.04 – RevD

Street Elevations Phase 2 – SE.04 – RevD

House Type 2.2 (2 Blk) Plans and Elevations – HT.202(2Blk).pe – RevC

House Type 3.1 (2 Blk) Floor Plans – HT.3.1(2Blk).p – RevB

House Type 3.1 (2 Blk) Elevations Option 1 – HT.3.1(2blk)-1.e – RevC

House Type 3.1 (2 Blk) Elevations Option 2 – HT.3.1(2blk)-2.e – RevB

House Type 3.5 Elevations – HT.3.5.e – RevA

              House Type 3.5 Floor Plan - HT.3.5.p – RevA

              House Type 4.1 Floor Plans and Elevations Variation A - HT.4.1-A.pe – RevB

              House Type 4.2 Floor Plans and Elevations Variation A - HT.4.2-A.pe – RevB

              House Type 4.3 Floor Plans and Elevations - HT.4.3.pe – RevB

              House Type 4.3 Floor Plans and Elevations Option 2 - HT.4.3-2.pe – RevA

              House Type 4.4 Floor Plans and Elevations Variation A - HT.4.4-A.pe – RevB

              House Type S.2.1 Elevations - HT.S.2.1.e – RevA

              House Type S.2.1 Floor Plans - HT.S.2.1.p – Rev A

              Plots 79-81 Elevations - P.79-81.e – RevB

              Plots 79-81 Floor Plans - P.79-81.p – RevB

              Plots 82-100-101 Elevations - P.82-100-101.e – RevA

              Plots 82-100-101 Floor Plans - P.82-100-101.p – RevA

              Plots 83-90-91 Elevations - P.83-90-91.e – RevB

              Plots 83-90-91 Floor Plans - P.83-90-91.p – RevB

              Plots 84-85_86-87 Elevations - P.84-85_86-87.e – RevA

              Plots 84-85_86-87 Floor Plans - P.84-85_86-87.p – RevA

              Plots 88-89 Elevations - P.88-89.e – RevA

              Plots 88-89 Floor Plans - P.88-89.p – RevA

              Plots 117-120 Elevations Sheet 1 of 2 - P.117-120.e1 – RevB

              Plots 117-120 Elevations Sheet 2 of 2 - P.117-120.e2 – RevA

              Plots 117-120 Floor Plans Sheet 1 of 2 - P.117-120.p1 – RevA

              Plots 117-120 Floor Plans Sheet 2 of 2 - P.117-120.p2 – RevB

              Single Garage 1 Floor Plan and Elevations - GAR.01.pe – RevB

              Single Garage 2 Floor Plan and Elevations - GAR.02.pe – RevB

              Double Garage 1 Floor Plan and Elevations - GAR.03.pe – RevB

              Triple Garage 1 Floor Plan and Elevations - GAR.04.pe – RevA

              Twin Garage 2 Floor Plan and Elevations - GAR.05.pe – RevA

              Shed Floor Plan and Elevations - SH.01.pe – RevA

              Proposed Drainage Sheet 1 of 2 – 2201 – RevE

              Proposed Drainage Sheet 2 of 2 – 2202 – RevE

              Proposed Drainage Whole Site – 2205 – RevE

              Proposed Drainage Manhole Schedule – 2205 RevC

              Proposed Drainage Maintenance Plan Sheet 1 of 2 – 2251 – RevE

              Proposed Drainage Maintenance Plan Sheet 2 of 2 – 2252 – RevE

              Construction Details Sheet 1 of 3 – 2501 – RevA

              Construction Details Sheet 2 of 3 – 2502 – RevA

              Construction Details Sheet 3 of 3 – 2503 – Rev/

              Existing Overland Flow Routes – 2700 – Rev/

              Proposed Overland Flow Routes – 2701 – RevE

              Soakage Testing Results and Locations - 22747-02 – Rev-

              Proposed Impermeable Areas - 22747-03 – RevE

              Existing Topography and Drainage - 22747-06 – Rev-

              Road Horizontal Alignments – 2811 – RevE

              Road Vertical Alignments – 2801 – RevE

              Fire Vehicle Tracking – 2631 – RevE

              Refuse Vehicle Tracking - 2632 – RevE

              Proposed Levels – 2401 – RevE

              Landscape proposals (open space) - 2235-TFC-00-XX-RG-L-1005 – P06

              Landscape Proposals (south-west) - 2235-TF-XX-00-DR-L-1007 – P05

              Landscape Proposals (north) - 2235-TF-XX-00-DR-L-1008 – P05

              Landscape Proposals (east) - 2235-TF-XX-00-DR-L-1009 – P05

              Visibility Splays - ENC/170818/4U4E-VS

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

-Condition 3

No development hereby permitted shall proceed beyond damp proof course (dpc) level until details of how and where electric vehicle charging points will be provided at the following level:

-At least one electric vehicle charging point per dwelling with allocated parking provision

-At least one electric vehicle charging point in shared/unallocated parking areas per 10 dwellings with no allocated parking provision.

REASON: To promote sustainable modes of transport, to reduce impacts on air quality arising from the use of motorcars and in the interests of addressing climate change.

The Committee was also provided with a verbal update from the Planning Case Officer, who informed them that:

a)    Condition 1 should be amended to omit the following four drawings:

Landscape Proposals (open space) – 2235-TFC-00-XX-RG-L-1005 – P06

Landscape Proposals (south-west) – 2235-TF-XX-00-DR-L-1007 – P05

Landscape Proposals (north) – 2235-TF-XX-00-DR-L-1008 – P05

Landscape Proposals (east) – 2235-TF-XX-00-DR-L-1009 – P05

b)    Condition 5 should read:

5. None of the dwellings hereby approved shall be first occupied until details of the water efficiency measures to be installed in each dwelling have been submitted to and approved in writing by the Local Planning Authority. These water efficiency measures should be designed to ensure portable water consumption does not exceed a maximum of 110 litres per person per day. The development shall be carried out in accordance with the approved details.

Upon being proposed and seconded the officer recommendation to grant RESERVED MATTERS APPROVAL, subject to: -

A)   DELEGATION being given to the Head of Development Management in consultation with the Solicitor to the Council to consider any comments received from Natural England relating to the consultation on the Appropriate Assessment and to make any minor modifications to the proposed conditions, addition of conditions or any other subsequent minor changes arising as a result of Natural England’s comments regarding the Appropriate Assessment;

B)   Completion of a legal agreement to secure the management and maintenance of the open space;

C)   The amended Conditions 1, 3 & 5 in the Update Report and verbal update from the Planning Case Officer as detailed above;

D)   The Conditions in the report insofar as they remain the same following the above revisions.

Was voted on and CARRIED.

(Voting: 8 in favour; 0 against)

RESOLVED that, subject to: -

A)   DELEGATION being given to the Head of Development Management in consultation with the Solicitor to the Council to consider any comments received from Natural England relating to the consultation on the Appropriate Assessment and make any minor modifications to the proposed conditions, addition of conditions or any other subsequent minor changes arising as a result of Natural England’s comments regarding the Appropriate Assessment;

B)   Completion of a legal agreement to secure the management and maintenance of the open space;

C)   The amended Conditions 1, 3 & 5 in the Update Report and verbal update from the Planning Case Officer as detailed above;

D)   The conditions the report insofar as they remain the same following the above revisions..

RESERVED MATTERS be APPROVED.

The Committee received the deputation referred to in Minute 4 above.

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

Additional neighbourhood consultation responses received:

Further to the Officer Report prepared, the Council has received three additional neighbourhood representations, two of the representations were from the same household. The representations were all in favour of the play park and raised similar comments in support stating it is a good place from children to make friends and that noise would have been an impact from the open space prior to the development of the play park.

The Planning Case Officer also provided a verbal update to the Committee stating that since the publication of the Update Report 3 further comments have been received, however they did not raise any new points that had not been covered by the previous comments received.

Upon being proposed and seconded the officer recommendation to refuse to the application was voted on and CARRIED.

(Voting: 6 in favour; 2 against)

RESOLVED that PLANNING PERMISSION be REFUSED.

Reasons for Refusal:

The proposed development is contrary to Policies DSP2 and DSP3 of the Fareham Borough Local Plan Part 2: Development Sites Policy and the Fareham Borough Design Guidance Supplementary Planning Document (Excluding Welborne) and is unacceptable in that:

a)    The increased noise and disturbance from the play park has a significant unacceptable adverse impact on the living conditions of neighbouring residents;

b)    The development has a significant unacceptable adverse impact on the privacy of the occupants of neighbouring properties to the detriment of the living conditions of those residents.

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

Additional consultation response received:

Natural England

An updated Habitats Regulation Assessment (HRA) dated 20 June 2022 has been produced by your authority, in support of this planning application. Natural England notes that your authority, as competent authority, has undertaken an appropriate assessment of the proposal in accordance with regulation 63 of the Conservation of Species and Habitats Regulations 2017 (as amended). Natural England is a statutory consultee on the appropriate assessment stage of the Habitats Regulations Assessment process.

Your appropriate assessment concludes that your authority is able to ascertain that the proposal will not result in adverse effects on the integrity of any of the sites in question. Having considered the assessment, and the measures proposed to mitigate for all identified adverse effects that could potentially occur as a result of the proposal, Natural England advises that we concur with the assessment conclusions, providing that all mitigation measures are appropriately secured in any planning permission given.

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

i)             The prior completion of a legal agreement pursuant to Section 016 of the Town and Country Planning Act 1990 on terms to the satisfaction of the Solicitor to the Council to secure a contribution of up to £6,000 to fund the provision of a Traffic Regulation Order on Chalford Grange;

ii)            DELEGATION be given to the Head of Development Management, in consultation with the Solicitor to the Council to consider any comments received from Natural England relating to the consultation on the Appropriate Assessment and make any minor modifications to the proposed conditions, addition of conditions or any other subsequent minor arising as a result of Natural England’s comments regarding the Appropriate Assessment; and

iii)           The conditions in the report.

Was voted on and CARRIED.

(Voting: 8 in favour; 0 against)

RESOLVED that, subject to: -

i)             The prior completion of a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990 on terms to the satisfaction of the Solicitor to the Council to secure a contribution of up to £6,000 to fund the provision of a Traffic Regulation Order on Chalford Grange;

ii)            DELEGATION being given to the Head of Development Management, in consultation with the Solicitor to the Council, to consider any comments received from Natural England relating to the consultation on the Appropriate Assessment and make any minor modifications to the proposed conditions, addition of conditions or any other subsequent minor arising as a result of Natural England’s comments regarding the Appropriate Assessment; and

iii)           The conditions in the report.

PLANNING PERMISSION be granted.

Upon being proposed and seconded the officer recommendation to grant consent, 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, CONSENT is 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: 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 4 above.

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 proposed development is contrary to Policy CS17 of the Adopted Fareham Borough Core Strategy and Policies DSP13 and DSP15 of the Fareham Borough Local Plan Part 2: Development Sites Policy and the Fareham Borough Design Guidance SPD and is unacceptable in that:

a)    The proposal is to subdivide the existing property to create a one-bedroom dwelling distinctly smaller in terms of its scale and resultant plot size than other dwellings in The Hillway. In doing so, the proposal would give rise to an unsympathetic and cramped form of development which would be out of keeping with the prevailing character of the area and fail to respond positively to and be respectful of the key characteristics of the area including its scale, form and spaciousness;

b)    The proposal fails to meet a high standard of design and fails to provide a satisfactory standard of living accommodation which makes adequate provision of internal and external space for the proposed new dwelling;

c)    In the absence of a legal agreement to secure such, the proposal would fail to provide satisfactory mitigation of the ‘in combination’ effects that the proposed increase in residential units on the site would cause through increased recreational disturbance on the designated Solent Special Protection Areas; and

d)    The proposal would have likely adverse effects on the integrity of Habitat Sites in combination with other developments due to the additional generation of nutrients entering the water environment and the lack of appropriate and appropriately secured mitigation.

The Committee noted the information in the report.

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

The Committee considered a report by the Director of Planning and Regeneration on Tree Preservation Order No. 774 2022 at Fairacre Rise, to which one objection to the making of a provisional order in April 2022 was made.

RESOLVED that Tree Preservation Order No. 774 is confirmed as originally made and served.