Agenda and minutes

Apologies for absence were received from Councillors B Bayford and D C S Swanbrow.

To confirm as a correct record the minutes of the meeting of the Planning Committee held on 19 December 2012 .

RESOLVED that the minutes of the meeting of the Planning Committee held on 19 December 2012 be confirmed and signed as a correct record.

None

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 the meeting.

To receive any deputations of which notice has been lodged.

The Committee received deputations from the following in respect of the applications indicated and the deputees were thanked accordingly:-

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

The Committee noted a report by the Director of Planning and Environment on development control applications and miscellaneous matters, including the current situation regarding planning appeals. An Update Report was tabled at the meeting.

Councillor Price declared an interest in this application as a County Councillor. Upon being proposed and seconded, the officer recommendation to raise no objection, subject to:-

(i)    the comments of The Director of Regulatory and Democratic Services (Environmental Health)

(ii)  a request for sprinklers to be provided in the temporary units

was voted on and CARRIED

(Voting 8 in favour; 0 against).

RESOLVED that subject to:-

(i)    the comments of The Director of Regulatory and Democratic Services (Environmental Health)

(ii)  a request for sprinklers to be provided in the temporary units

NO OBJECTION be raised.

The Committee was referred to an amendment in the report which updated all references to the Race Relations Act to read the Equalities Act.

Upon being proposed and seconded, the officer recommendation that planning permission would have been refused for the reasons set out in the report, was voted on and CARRIED

(Voting 8 in favour; 0 against).

RESOLVED that, if the Council could have determined the application it would have REFUSED PERMISSION for the reasons set out in the report.

Policies: -Approved Fareham Borough Core Strategy: CS4 - Green Infrastructure, Biodiversity and Geological Conservation CS14 - Development Outside Settlements CS15 - Sustainable Development and Climate Change

CS16 - Natural Resources and Renewable Energy CS17 - High Quality Design CS19 - Gypsies, Travellers and Travelling Show People CS20 - Infrastructure and Development Contributions.

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

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

(i)    the comments of the Director of Planning and Environment (Ecology) and the Director of Community (Strategic Housing) and any conditions they may recommend;

(ii)  the applicant/owner first entering into a planning obligation under Section 106 of the Town and Country Planning Act 1990 with the Council on terms drafted by the Solicitor to the Council to secure a financial contribution towards off-site public open space and/ or facilities, retention of open space, transfer of open space together with suitable maintenance figure, secure access to land to the south.

(iii) the applicant/owner first entering into a planning obligation pursuant to section 106 of the Town and Country Planning Act 1990 with Hampshire County Council to secure the transfer of the ecological exclusion zone and associated maintenance figure and a highway contribution towards the signalisation/capacity improvements at the A27/St Margaret's roundabout, capacity improvements on the remainder of the A27 corridor within Fareham, highway improvements in Hunts Pond Road and improved pedestrian and cycle linages to the wider network by 31 March 2013.

(iv)the conditions in the report and

(v)  an affordable housing condition to secure:  4 x 2 bedroom flats and 2 x 3 bedroom houses as affordable homes.

was voted on and CARRIED

(Voting 6 in favour; 2 against).

RESOLVED that subject to:-

(i)    the applicant/owner first entering into a planning obligation with the Council under Section 106 of the Town and Country Planning Act 1990 on terms drafted by the Solicitor to the Council to secure a financial contribution towards off-site public open space and/ or facilities, retention of open space, transfer of open space together with suitable maintenance figure, secure access to land to the south.

(ii)  the applicant/owner first entering into a planning obligation pursuant to section 106 of the Town and Country Planning Act 1990 with Hampshire County Council to secure the transfer of the ecological exclusion zone and associated maintenance figure and a highway contribution towards the signalisation/capacity improvements at the A27/St Margaret's roundabout, capacity improvements on the remainder of the A27 corridor within Fareham, highway improvements in Hunts Pond Road and improved pedestrian and cycle linages to the wider network by 31 March 2013.

(iii)the conditions in the report and

(iv)affordable housing condition to secure 4 x 2 bedroom flats and 2 x 3 bedroom houses as affordable homes.

OUTLINE PLANNING PERMISSION be granted.

Reasons for the Decision - The development is acceptable taking into account the above policies and proposals of the Development Plan. The proposal is not considered to result in unacceptable impacts upon the streetscene or character of the area, the amenities of neighbouring properties, highway safety or have ecological implications. Other materials considerations being judged not to have sufficient weight to justify a refusal of the application, and, where applicable, conditions having been applied in order to satisfy these matters. The scheme is therefore judged to be in accordance with Section 38(6) of the Planning and Compulsory Purchase Act 2004 and thus planning permission should therefore be granted.

Policies - Approved Fareham Borough Core Strategy - CS2 - Housing Provision, CS5 - Transport Strategy and Infrastructure, CS6 - The Development Strategy, CS15 - Sustainable Development and Climate Change, CS17 - High Quality Design, CS18 - Provision of Affordable Housing, CS20 - Infrastructure and Development Contributions and Protection and Provision of Open Space.

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

A motion was proposed and duly seconded that the application be refused.  Upon being put to the vote the motion was CARRIED.

(Voting 8 for refusal; 0 against refusal).

RESOLVED that planning permission be REFUSED

Reasons for the Decision - The proposed development is contrary to Policy CS17 of the adopted Fareham Borough Core Strategy and is unacceptable in that by virtue of its height and bulk, in particular that of its roof, the proposed car port would further enclose the rear garden of the adjacent dwelling 5 The Farthings and reduce the light available to that property to the detriment of the living conditions of the occupiers.

Policies - Approved Fareham Borough Core Strategy - CS17 - High Quality Design.

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

(Voting 7 in favour; 1 against).

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

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

(Voting 8 in favour; 0 against).

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

Reasons for the Decision - The development is acceptable taking into account the policies of the Local Plan as set out in this report. The proposal is not considered likely to result in an impact on the amenity of adjoining occupiers and the character of the area. There are no other material considerations that are judged to have sufficient weight to justify a refusal of the application, and where applicable conditions have been applied in order to satisfy these matters. The scheme is therefore judged to be in accordance with Section 38(6) of the Planning and Compulsory Purchase Act 2004 and thus planning permission should therefore be granted.

Policies - Approved Fareham Borough Core Strategy - CS14 - Development Outside Settlements, CS15 - Sustainable Development and Climate Change, CS17 - High Quality Design and CS22 - Development in Strategic Gaps.

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

(Voting 8 in favour; 0 against).

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

Reasons for the Decision - The development is acceptable taking into account the policies and proposals of the Development Plan as set out above. The proposal is not considered to result in unacceptable impacts upon the streetscene or character of the area, or upon the living conditions of neighbouring properties, or on the local highway network, other material considerations being judged not to have sufficient weight or direction to justify a refusal of the application, and, where applicable, conditions having been applied in order to satisfy these matters. The scheme is therefore judged to be in accordance with Section  38(6) of the Planning and Compulsory Purchase Act 2004 and thus planning permission should therefore be granted.

Policies - Approved Fareham Borough Core Strategy - CS17 - High Quality Design and CS5 - Transport Strategy and Infrastructure

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 a financial contribution towards off-site public open space facilities and highway infrastructure by 28 February 2013

(ii)          the conditions in the report

was voted on and CARRIED

(Voting 5 in favour; 3 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 a financial contribution towards off-site public open space facilities and highway infrastructure by 28 February 2013

(ii)  the conditions in the report

PLANNING PERMISSION be granted.

Reasons for the Decision - The development is acceptable taking into account the policies of the Development Plan as set out in this report. The proposal is not considered likely to result in any significant impact on the amenity of adjoining occupiers, the character of the area, highway safety or ecology. There are no other material considerations that are judged to have sufficient weight to justify a refusal of the application, and where applicable conditions have been applied in order to satisfy these matters. The scheme is therefore judged to be in accordance with Section 38(6) of the Planning and Compulsory Purchase Act 2004 and thus planning permission should therefore be granted.

Policies - Approved Fareham Borough Core Strategy - CS2 - Housing Provision, CS5 - Transport Strategy and Infrastructure, CS6 - The Development Strategy, CS7 - Development in Fareham, CS15 - Sustainable Development and Climate Change, CS17 - High Quality Design and CS20 - Infrastructure and Development Contributions.

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

Reasons for the Decision - The development is acceptable taking into account the policies and proposals of the Development Plan as set out above. The proposed extension would not harm the amenities of neighbours, the appearance of the dwelling or the character of the streetscene. There would be no implications for parking provision on the site which would remain at an acceptable level. Other material considerations are not judged to have sufficient weight to justify a refusal of the application, and where applicable conditions have been applied in order to satisfy these matters. The scheme is therefore judged to be in accordance with Section 38(6) of the Planning and Compulsory Purchase Act 2004 and thus planning permission should therefore be granted.

Policies - Approved Fareham Borough Core Strategy - CS17 - High Quality Design.

The Committee was referred to the Update Report which provided the following information – One further letter has been received within the public consultation period.  The letter raises an objection to the application with the following additional points to those summarised in the Officer report:

-  The tree has had its crown considerably reduced two years ago and has recovered and is in full leaf each summer.

-  Healthy mature trees can withstand an attack of honey fungus and continue to grow satisfactorily for many years

-  The tree could be fenced off and an alternative area in the existing fenced off portion of the site used by nursery children.

The Committee were also advised that the officers report under the heading “Planning Considerations –Key Issues” should read: The public amenity value of the tree is not outweighted by the need for action to address the health and safety threat posed as a result of the tree’s poor condition.

Upon being proposed and seconded, the officer recommendation to grant consent, subject to conditions in the report, was voted on and CARRIED

(Voting 5 in favour; 2 against, 1 abstention).

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

Reason for the Decision  - The public amenity value of the tree is not outweighed by the need for action to address the health and safety threat posed as a result of the tree’s poor condition.

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

Reasons for the Decision - The development is acceptable taking into account the policies of the Local Plan as set out in this report. The proposal is not considered likely to result in an impact on the amenity of adjoining occupiers and the character of the area. There are no other material considerations that are judged to have sufficient weight to justify a refusal of the application and where applicable conditions have been applied in order to satisfy these matters. The scheme is therefore judged to be in accordance with Section 38(6) of the Planning and Compulsory Purchase Act 2004 and thus planning permission should therefore be granted.

Policies - Approved Fareham Borough Core Strategy - CS17 - High Quality Design, CS14 - Development Outside Settlements and CS22 - Development in Strategic Gaps.

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

Reasons for the Decision - The development is acceptable taking into account the policies of the Local Plan as set out in this report. The proposal is not considered likely to result in an impact on the amenity of adjoining occupiers and the character of the area. There are no other material considerations that are judged to have sufficient weight to justify a refusal of the application, and where applicable conditions have been applied in order to satisfy these matters. The scheme is therefore judged to be in accordance with Section 38(6) of the Planning and Compulsory Purchase Act 2004 and thus planning permission should therefore be granted.

Policies - Approved Fareham Borough Core Strategy - CS17 - High Quality Design.

The Committee noted the information in the report.

The update report was tabled at the meeting and considered with the relevant agenda items.

To consider any late development control matters which are deemed to be urgent and cannot await the next scheduled meeting of the Committee.

(Note:- Members will be informed prior to the meeting of any such matters).

There were no urgent mattes for consideration.

To consider the confirmation of the following three Fareham Tree Preservation Orders which have been made by officers under delegated powers and to which no formal objections have been received.

Order made on 23 November 2012 covering 17 No. individual trees (15 No. Oak & 2 No. Pine), three groups (G1 - 6 No. Oak trees; G2 - 11 No. Oak trees & 1 No. Lime tree; G3 - 7 No. Oak trees) and one woodland (W1 comprising mixed broadleaves).

It is recommended that Fareham Tree Preservation Order No. 650 be confirmed with modification to the description for G2, which should read ‘Rear gardens of 7 & 8 Danehurst Place and west boundary of 36 Monterey Drive’.   The description for T16 to e modified to read "Rear garden of 5 Monteray Drive".

Should Tree Preservation Order No. 650 be confirmed, it is requested that TPOs No.35, No.158, No.164 and No. 246 be revoked, as all the trees in the older Orders have, where appropriate, been included in the new Order and in TPOs No.657 and No.674 which were made recently.

Order made on 23 November 2012 covering 17 No. individual trees (15 No. Oak & 2 No. Pine), three groups (G1 - 6 No. Oak trees; G2 - 11 No. Oak trees & 1 No. Lime tree; G3 - 7 No. Oak trees) and one woodland (W1 comprising mixed broadleaves).

RESOLVED that:-

(a)       Fareham Tree Preservation Order (FTPO) 650 with modification to the description for G2, which should read ‘Rear gardens of 7 & 8 Danehurst Place and west boundary of 36 Monterey Drive’.   The description for T16 to e modified to read "Rear garden of 5 Monterey Drive".

(b)       Fareham Tree Preservation Order No 650 be confirmed; and

(c)       Fareham Tree Preservation Orders No. TPOs No.35, No.158, No.164 and No. 246 be revoked, as all the trees in the older Orders have, where appropriate, been included in the new Order and in TPOs No.657 and No.674 which were made recently.

Order made on 16 November 2012 covering 9 No. individual oak trees.

It is recommended that Fareham Tree Preservation Order No. 653 be confirmed with modification to the description for T2, which should read ‘Rear garden of 38 Burnt House Lane’.

Should Tree Preservation Order No 653 be confirmed,  it is requested that TPO No.36 be revoked as all the trees in the older Order have, where appropriate, been included in the new Order.

Order made on 16 November 2012 covering 9 No. individual oak trees.

RESOLVED that:-

(a)          Fareham Tree Preservation Order (FTPO) 653 with modification to the description for T2, which should read ‘Rear garden of 38 Burnt House Lane’.

(b)          Fareham Tree Preservation Order No 653 be confirmed; and

(c)          Fareham Tree Preservation Order No. 36 be revoked, as all the trees in the older Order have, where appropriate, been included in the new Order.

Order made on 9 November 2012 covering 2 No. individual oak trees.

It is recommended that Fareham Tree Preservation Order No. 676 be confirmed as originally made and served.

Should Tree Preservation Order No 676 be confirmed,  it is requested that TPO No.85 be revoked, as all the trees in the older Order have, where appropriate, been included in the new Order.

Order made on 9 November 2012 covering 2 No, individual oak trees.

RESOLVED that:-

(a)          Fareham Tree Preservation Order No 676 be confirmed; and

(b)          Fareham Tree Preservation Order No. 85 be revoked, as all the trees in the older Order have, where appropriate, been included in the new Order.