Agenda and draft minutes

Apologies of absence were received from Councillor Mrs J Needham and Councillor S Ingram.

To confirm as a correct record the minutes of the Planning Committee meetings held on 2 July 2024, 10 July 2024 and 25 July 2024.

RESOLVED that the minutes of Planning Committee meetings held on 2^nd July 2024, 10^th July 2024 and 25^th July 2024 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 application indicated and were thanked accordingly.

The Committee noted the content of the written deputations that have been published on the Council’s website prior to the meeting.

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 on new planning appeals and decisions.

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: -

Since the publication of the committee report, five additional third party comments have been received, including a response from The Fareham Society. The concerns raised relate to the following matters:

·       Building line too close to Posbrook Lane

·       Overlooking

·       Loss of light

·       No details on boundary treatment

These issues have been addressed in the Committee Report, although the matter regarding the building line and its proximity to Posbrook Lane has not been set out. However, the location of the properties along this line accord with the Parameters Plan approved by the Appeal Inspector at outline stage.

The updated Landscape and Ecological Management Plan (LEMP), which includes an updated Ecology Design Plan has been submitted for consideration. A consultation to the Council’s Ecologist has been issued and their comments are awaited. The scheme includes the provision of 40 integrated bat boxes, 40 integrated swift bricks, 7 x log piles in the landscape belt to the south and east of the site, and 2 x reptile hibernacula.

The updated LEMP sets out that protected species such as dormice, reptiles and badgers will be protected during the development works. Additionally the updated LEMP ensures that the details within the proposed landscaping and ecological works marry up with the proposed on-site Biodiversity Net Gain measures.

Finally, earlier this week an objection to the updated layout has been received from Countryside Services at Hampshire County Council regarding the revised layout of the proposed diverted Public Right of Way through the site, having previously raised no objection. Those objections relate to the safety concerns given the severance of footpath by roads and driveways, the surfacing treatment, lack of signage/road markings. Officers have compared the two proposals and consider that the current scheme represents a significant improvement from the earlier layout and routing of the footpath through the site. Officers do not consider the proposal to be detrimental to highway safety for users of the footpath, and the to highway safety for users of the footpath, and the design of the path, within a landscaped urban environment appropriate for this location.

The Planning Officer provided a verbal update to the Committee regarding paragraph 8.26 of the Committee report regarding Matters in respect of Listed Buildings. Whilst the statutory test under Section 66 of the Planning (Listed Buildings and Conservation Areas) Act had been considered by the Appeal Inspector at outline stage, it is also required to be considered at the Reserved Matters stage. Subsequently, the impact on the setting of nearby Listed Buildings needs to be considered. Whilst it was acknowledged that a less than significant harm would be caused to the setting of the nearby Listed buildings, that impact would diminish as the boundary tree planting matured. This was the conclusion of Historic England, and Officers concurred with this assessment. As such, and in accordance with s66, the development would contribute towards preserving the setting of the nearby Listed buildings.

Upon being proposed and seconded the officer recommendation: -

(i)              Subject to:

(a)  The consideration of any comments received from Natural England in response to consultation on the Council’s Appropriate Assessment; and

(b)  The consideration of any comments received from the Council’s Ecologist in response to consultation on the updated Ecological Design Plan;

(ii)             RESERVED MATTERS be approved, subject to the conditions in the report.

Then

(iii)           DELEGATE authority to the Head of Planning to make any necessary modification, deletion or additions to the proposed conditions.

And

(iv)           AUTHORISE the making of stopping-up and diversion orders under section 257 of the Town and Country Planning Act (1990) including delegating to Officers authority to manage any resulting public inquiry.

Was voted on and CARRIED.

(Voting: 8 in favour; 0 against)

RESOLVED that: -

(i)              Subject to:

(a)  The consideration of any comments received from Natural England in response to consultation on the Council’s Appropriate Assessment; and

(b)  The consideration of any comments received from the Council’s Ecologist in response to consultation on the updated Ecological Design Plan;

(ii)             RESERVED MATTERS be APPROVED, subject to the conditions in the report.

Then

(iii)           DELEGATION OF AUTHORITY to the Head of Planning to make any necessary modification, deletion or additions to the proposed conditions.

And

(iv)           AUTHORISE the making of stopping-up and diversion orders under section 257 of the Town and Country Planning Act (1990) including delegating to Officers authority to manage any resulting public enquiry.

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: -

One additional planning condition has been imposed which is detailed as follows:

20) No development hereby permitted shall commence until details of the means of surface and foul water drainage from the site have been submitted to and approved by the local planning authority in writing. The development shall be carried out in accordance with the approved details unless otherwise agreed with the local planning authority in writing.

REASON: To ensure satisfactory disposal of foul water. The details secured by this condition are considered essential to be agreed prior to the commencement of development on the site so that appropriate ensures are in place to avoid adverse impacts of inadequate drainage.

Upon being proposed and seconded the officer recommendation: -

(i)              Subject to the consideration of any comments received from Natural England in response to consultation on the Council’s Appropriate Assessment:

(ii)             GRANT planning permission, subject to the conditions in the report and the additional condition 20 as set out in the update report.

Then

(iii)           DELEGATE authority to the Head of Planning to make any necessary modification, deletion or addition to the proposed conditions.

Was voted on and CARRIED.

(Voting: 8 in favour; 0 against)

RESOLVED that: -

(i)              Subject to the consideration of any comments received from Natural England in response to consultation on the Council’s Appropriate Assessment;

(ii)             PLANNING PERMISSION be granted, subject to the conditions in the report and the additional condition 20 in the update report.

Then

(iii)           AUTHORITY BE DELEGATED to the Head of Planning to make any necessary modification, deletion or addition to the proposed conditions.

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: -

Since the publication of the committee report, one additional third-party comment has been received raising concerns regarding increased pressure on the mains sewage system. No new material planning considerations have been raised and have been addressed within the Committee Report.

Condition 4 has been amended to reference the amended revised Site and Location Plan which have been amended to ensure adequate turning space have been provided on the site. The condition would now read as follows;

The development hereby permitted shall be constructed in accordance with the following approved documents:

i.              Location and Block Plan 6204-WLA-ZZ-XX-DR-A-0002 Rev B;

ii.            Proposed Site Plan Rev G

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

Upon being proposed and seconded, the officer recommendation: -

(i)            Subject to the consideration of any comments received from Natural England in response to consultation on the Council’s Appropriate Assessment;

(ii)          GRANT planning permission, subject to the conditions in the report, and the amended condition 4 in the Update Report.

Then

(iii)         DELEGATE authority to the Head of Planning to make any necessary modification, deletion or additions to the proposed conditions.

Was voted on and CARRIED.

(Voting: 7 in favour; 1 against)

RESOLVED that: -

(i)            Subject to the consideration of any comments received from Natural England in response to consultation on the Council’s Appropriate Assessment.

(ii)          PLANNING PERMISSION be granted, subject to the conditions in the report and the amended condition 4 in the Update Report.

Then

(iii)         AUTHORITY BE DELEGATED to the Head of Planning to make any necessary modification, deletion or additions to the proposed conditions.

A motion was proposed and seconded, to defer the application to a future Planning Committee meeting, to enable an independent review of the submitted reports supporting the application and to establish whether defective drains are a contributory cause of damage to the property:- to seek further clarification from the applicants as to how the insurers concluded that the trees subject to this application, along with the trees in two further properties at Heath Lawns subject to separate applications are also the cause of the damage to number 20 Southmead Road; and what the difference in the repair costs to 20 Southmead Road would be if the trees were removed or the trees were left in situ.

RESOLVED that the application be DEFERRED.

A motion was proposed and seconded, to defer the application to a future Planning Committee meeting, to enable an independent review of the submitted reports supporting the application and to establish whether defective drains are a contributory cause of damage to the property:- to seek further clarification from the applicants as to how the insurers concluded that the trees subject to this application, along with the trees in two further properties at Heath Lawns subject to separate applications are also the cause of the damage to number 20 Southmead Road; and what the difference in the repair costs to 20 Southmead Road would be if the trees were removed or the trees were left in situ.

RESOLVED that the application be DEFERRED.

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

A motion was proposed and seconded, to defer the application to a future Planning Committee meeting, to enable an independent review of the submitted reports supporting the application and to establish whether defective drains are a contributory cause of damage to the property:- to seek further clarification from the applicants as to how the insurers concluded that the trees subject to this application, along with the trees in two further properties at Heath Lawns subject to separate applications are also the cause of the damage to number 20 Southmead Road; and what the difference in the repair costs to 20 Southmead Road would be if the trees were removed or the trees were left in situ.

RESOLVED that the application be DEFERRED.

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: -

One further objection received raising no additional material planning considerations.

Upon being proposed and seconded the officer recommendation to: -

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

Then

(ii)             DELEGATE authority to the Head of Planning to make any necessary modifications, deletion or addition to the proposed conditions.

Was voted on and CARRIED.

(Voting: 7 in favour; 1 against)

RESOLVED that: -

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

Then

(ii)             AUTHORITY BE DELEGATED to the Head of Planning to make any necessary modifications, deletion or addition to the proposed conditions.

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

At the invitation of the Chairman, Councillor Mrs C L A Hockley, addressed the Committee on this item.

Upon being proposed and seconded the officer recommendation: -

(i)              Subject to the consideration of any comments received from Natural England in response to consultation on the Council’s Appropriate Assessment;

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

Then

(iii)           DELEGATE authority to the Head of Planning to make any necessary modification, deletion or addition to the proposed conditions.

Was voted on and CARRIED.

(Voting: 6 in favour; 2 against)

RESOLVED that: -

(i)              Subject to the consideration of any comments received from Natural England in response to consultation on the Council’s Appropriate Assessment;

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

Then

(iii)           AUTHORITY BE DELEGATED to the Head of Planning to make any necessary modification, deletion or addition to the proposed conditions.

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

At the invitation of the Chairman, Councillor Mrs P M Bryant, addressed the Committee on this item.

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

Consultation response from the Housing Development Officer received raising no objections regarding the provision of placement of the affordable units on the site.

Additional condition:

10. The installation of the swale within the Ancient Woodland buffer shall be undertaken with ecological supervision and details of construction methods to prevent ground compaction submitted to and approved in writing prior to the commencement of its installation. The works shall thereafter take place in accordance with the approved details.

REASON: In the interests of protecting the Ancient Woodland from damage during construction.

Upon being proposed and seconded the officer recommendation: -

(i)              Subject to the consideration of any comments received from Natural England in response to consultations on the Council’s Appropriate Assessment.

(ii)             APPROVE the reserved matter subject to the conditions in the report and the additional condition in the Update Report.

Then

(iii)           DELEGATE authority to the Head of Planning to make any necessary modifications, deletions or additions to the proposed conditions.

Was voted on and CARRIED.

(Voting: 7 in favour; 1 against)

RESOLVED that: -

(i)              Subject to the consideration of any comments received from Natural England in the response to consultation on the Council’s Appropriate Assessment.

(ii)             RESERVED MATTERS be approved, subject to the conditions in the report and the additional condition in the Update Report.

Then

(iii)           AUTHORITY BE DELEGATED to the Head of Planning to make any necessary modifications, deletions or additions to the proposed conditions.

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

At the invitation of the Chairman, Councillor D Hamilton, addressed the Committee on this item.

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

Three further representations received raising no additional material planning considerations.

Consultation response received from Natural England –

Your appropriate assessment concludes that your authority is able to ascertain that the proposal will not result in adverse effects on the integrity of the named designated sites in the Solent region. 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.

The development is in close proximity to Solent designated sites. Without best practice working methods and mitigation there is a risk during the construction phase of the development that pollution from machinery, equipment or materials may enter into the water via the River Wallington. Natural England recommends that a Construction Environment Management Plan (CEMP) is produced prior to start if the works and submitted and approved in writing by your authority.

The Planning Officer addressed the Committee to inform them of an error in paragraph 8.66 of the report in that the last sentence in relation to the existing use of the land for the purposes of the nitrates budget should state  lowland grazing and woodland.

Members expressed concerns in relations to pedestrian/highway safety along North Wallington and wanted Officers to have further discussions with the developers to try to alleviate their concerns.

A motion was proposed and seconded, to defer the application to allow further discussions to take place regarding highway safety and was voted on and CARRIED.

(Voting: 8 in favour; 0 against)

RESOLVED that the application be DEFERRED.

The Committee noted the information in the report.

The Update Report was circulated prior to the meeting and considered alongside the relevant agenda items.