Agenda and minutes

There were no apologies of absence.

To confirm as a correct record the minutes of the Planning Committee meetings held on 18 January 2023 and 25 January 2023.

RESOLVED that the minutes of the Planning Committee meetings held on 18 January 2023 and 25 January 2023 be signed and confirmed 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 Deputy Chief Execuitve Officer on the Actual Revenue Expenditure 2022/23.

The Committee considered a report by the Deputy Chief Executive Officer on the actual revenue expenditure for 2021/22.

The Finance Manager was asked to explain the pension costs that have been added to the employee’s expenditure, and whether this was purely in relation to Planning employees. The Finance Manager explained that the pension costs are now distributed evenly across all services of the Council, and that the amount shown is a pro-rota figure for entire pension costs across all of the services.

Members also requested the breakdown of costs for the judicial reviews in Warsash. The Finance Manager was unable to provide members with details of this at the meeting but agreed that he would provide them with a written response on this after the meeting.

RESOLVED that the Committee noted the content of the report.

To consider a report by the Deputy Chief Exceuitve Officer on the Spending Plans 2023-24.

The Committee considered a report by the Deputy Chief Executive Officer on the spending plans for 2023/24, which included the revised revenue budget for 2022/23, the discretionary planning charges for 2023/24 and the base budget for 2023/24.

The Finance Manager noted an amendment needed to Appendix B of the report, where the second fee payable column should read 2023/24 instead of 2022/23.

RESOLVED that the Planning Committee: -

(i)            Agrees the revised budget for 2022/23;

(ii)          Agrees the base budget for 2023/24

(iii)         Agrees the revised discretionary planning charges for 2023/24 (with amended date as referred to above) as set out in Appendix B of the report; and

(iv)         Recommends the budget to Full Council for approval.

To consider a report by the Director of Planning and Regeneration on the Local Information Requirements.

The Committee considered a report by the Director of Planning and Regeneration on the proposed changes to the Local Information Requirements following a 6 week period of consultation which ended on 31 January 2023.

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

The following paragraphs have been amended to the following:

RECOMMENDATION

1.8. Members are invited to agree the proposed changes to the Local Information Requirements set out in paragraphs 13 to 16 above. The proposed changes are incorporated into Appendix A and the changes are shown in italics.

19. Members are further invited to approve the changes to the Local Information Requirements so that they become effective from 1^st March 2023, with the exception of the requirement for the Biodiversity Gain Plan which will become effective upon the adoption of the Fareham Local Plan 2037. The requirement for a Biodiversity Gain Plan will not apply to reserved matters applications.

Councillor Mrs Walker requested that the Local Information Requirements are amended to include reference to the Sequential Test within the Flood Risk Assessment section.

Councillor Bastable requested the Local Information Requirements are amended to clarify the requirement for the Affordable Housing Statement when development is only proposed on part of a larger site.

RESOLVED that:

(i)            Members agree the proposed changes to the Local Information Requirements;

(ii)          DELEGATE authority to the Head of Development Management to amend the wording of the Local Information Requirements in respect of the Flood Risk Assessment and Affordable Housing Statement; and

(iii)         Members agree that the Local Information Requirements apply to the all applications received on or after the 1^st March 2023, with the exception of the requirement for the Biodiversity Gain Plan which will become effective upon the adoption of the Fareham Local Plan 2037.

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 5 above.

Upon being proposed and seconded the officer recommendation to: -

(i)            DELEGATE authority to the Head of Development Management to:

(a)  Agree any necessary modifications to the proposed development; and

(b)  Make any necessary modifications, deletion or addition to the proposed conditions.

(ii)          GRANT planning permission, subject to the conditions in the report.

Was voted on and CARRIED.

(Voting: 9 in favour; 0 against)

RESOLVED that: -

(i)            AUTHORITY BE DELEGATED be given to the Head of Development Management to:

(a)  Agree any necessary modifications to the proposed development; and

(b)  Make any necessary modifications, deletion or addition to the proposed conditions.

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

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

Delete Condition 1 – the condition is not required as the original planning permissions to be varied have been implemented and Section 73 of the Town and Country Planning Act 1990, under which this application is being considered, sets out that planning permission must not be granted under this section where it would extend the time within which a development must be started.

The Planning Officer also addressed the Committee to provide a verbal update, which was to state that the title of the report should be amended to also include the variation of Condition 2 of P/92/0906/VC, as is set out within the Officer report.

Upon being proposed and seconded the officer recommendation to: -

(i)            DELEGATE authority to the Head of Development Management to:

(a)  Agree any necessary modifications to the proposed development; and

(b)  Make any necessary modification, deletion or addition to the proposed conditions or heads of terms for the Section 106 agreement; and

(c)  Make any necessary changes arising out of detailed negotiations with the applicant which may necessitate the variation, addition or deletion of the conditions and heads of terms as drafted to ensure consistency between the two sets of provisions.

(ii)          AUTHORISE the deed of discharge in relation to the existing Section 106 legal agreement to allow the limited sale of clothing/footwear from the premises;

(iii)         GRANT planning permission, subject to: -

(a)  The applicant first entering into a planning obligation pursuant to Section 106 of the Town and Country Planning Act 1990 on terms drafted by the Solicitor to the Council to secure the retention of the B&M store in Fareham Town Centre for at least five years; and

(b)  The removal of Condition 1, as per the Update Report; and

(c)  The conditions in the report.

Was voted on and CARRIED.

(Voting: 9 in favour; 0 against)

RESOLVED that: -

(i)            AUTHORITY BE DELEGATED to the Head of Development Management to:

(a)  Agree any necessary modifications to the proposed development;

(b)  Make any necessary modification, deletion or addition to the proposed conditions or heads of terms for the Section 106 legal agreement;

(c)  Make any necessary changes arising out of detailed negotiations with the applicant which may necessitate the variation, addition or deletion of the conditions and heads of terms as drafted to ensure consistency between the two sets of provisions;

(ii)          AUTHORITY be given to discharge the existing Section 106 legal agreement to allow the limited sale of clothing/footwear from the premises;

(iii)         PLANNING PERMISSION be granted, subject to: -

(a)  The applicant first entering into a planning obligation pursuant to Section 106 of the Town and Country Planning Act 1990 on terms drafted by the Solicitor to the Council to secure the retention of the B&M store in Fareham Town Centre for at least five years;

(b)  The removal of Condition 1 as per the Update Report; and

(c)  The conditions in the report.

Upon being proposed and seconded the officer recommendation to: -

(i)            DELEGATE authority to the Head of Development Management to:

(a)  Agree any necessary modifications to the proposed development;

(b)  Make any necessary modification, deletion or addition to the proposed conditions; and

(ii)          GRANT planning permission subject to the conditions in the report.

Was voted on and CARRIED.

(Voting: 9 in favour; 0 against)

RESOLVED that: -

(i)            AUTHORITY BE DELEGATED to the Head of Development Management to: -

(a)  Agree any necessary modifications to the proposed development;

(b)  Make any necessary modification, deletion or addition to the proposed conditions; and

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

The Chairman addressed the Committee in respect of a request received from the Local Ward Councillor (Councillor Dugan) on this application, which requested that Condition 3 be amended in order to also prevent the use of the annexe for business or commercial purposes.

Upon being proposed and seconded the officer recommendation to: -

(i)            DELEGATE authority to the Head of Development Management to:

(a)  Agree any necessary modifications to the proposed development; and

(b)  Make any necessary modification, deletion or addition to the proposed conditions;

(ii)          GRANT planning permission, subject to: -

(a)  The amendment to Condition 3 to include the wording ‘or for business or commercial purposes’; and

(b)  The conditions in the report.

Was voted on and carried.

(Voting: 8 in favour; 1 against)

RESOLVED that: -

(i)            AUTHORITY BE DELEGATED to the Head of Development Management to:

(a)  Agree any necessary modifications to the proposed development;

(b)  Make any necessary modification, deletion or addition to the proposed conditions; and

(ii)          PLANNING PERMISSION be granted, subject to: -

(a)  The amendment to Condition 3 to include the wording ‘or for business or commercial purposes’; and

(b)  The conditions in the report.

Upon being proposed and seconded the officer recommendation to: -

(i)            DELEGATE authority to the Head of Development Management to:

(a)  Agree any necessary modifications to the proposed development;

(b)  Make any necessary modification, deletion or addition to the proposed conditions; and

(ii)          GRANT planning permission, subject to the conditions in the report.

Was voted on and CARRIED.

(Voting: 9 in favour; 0 against)

RESOLVED that: -

(i)            AUTHOIRTY BE DELEGATED to the Head of Development Management to:

(a)  Agree any necessary modifications to the proposed development;

(b)  Make any necessary modification, deletion or addition to the proposed conditions; and

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

Upon being proposed and seconded, the officer recommendation to authorise the completion of a deed of variation to the Section 106 planning obligation to update the mortgagee exclusion clause to reflect NHF requirements, was voted on and CARRIED.

(Voting: 9 in favour; 0 against)

RESOLVED that the Committee AUTHORISE the completion of a deed of variation to the Section 106 planning obligation to update the mortgagee exclusion clause to reflect NHF requirements.

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.

To consider a report by the Director of Planning and Regeneration on Tree Preservation Order (No 775) 2022 at 42 Foster Close, Stubbington to which objections have been received.

The Committee considered a report by the Director of Planning and Regeneration on Tree Preservation Order No. 775 2022 at 35-42 Foster Close, and to which objections have been raised.

RESOLVED that Tree Preservation Order 775 is confirmed as originally made and served.