Agenda and minutes

Apologies for absence were received from Councillors K D Evans, M J Ford, JP, D C S Swanbrow and Mrs K K Trott.

To confirm as a correct record the minutes of the meeting of the Planning Committee held on 24 April 2013.

RESOLVED that the minutes of the meeting of the Planning Committee held on 24 April 2013 be confirmed and signed as a correct record.

The Chairman made an announcement on the following:-

(a)   Members were requested to note that a new projector had now been installed in the Collingwood Room which it was hoped would improve the quality of photographs, plans and drawings displayed at committee meetings; and

(b)   At the end of this meeting the Head of Development Management and Trees would give a brief verbal update to members on forthcoming changes to planning regulations concerning  permitted development rights.

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 deputations from the following in respect of the applications indicated and the deputees were thanked accordingly.

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 (copy of report circulated with agenda). An Update Report was tabled at the meeting.

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

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

(Voting 6 in favour of refusal; 0 against refusal; 1 abstention)

RESOLVED that planning permission be REFUSED.

Reasons for the decision:  The development would be contrary to Policies CS4, CS14, CS17 of the Adopted Fareham Borough Core Strategy 2011, Saved Policies DG4 and C18 of the Fareham Borough Local Plan Review, and the National Planning Policy Framework and is unacceptable in that: -

(i) the proposal represents development in the countryside, outside a settlement boundary for which there is no justification or overriding need. Furthermore, the erection of two dwellings would be visually intrusive in this countryside location and would fail to respect the landscape setting;

(ii) insufficient information has been submitted in respect of the impact of the development on ecology, in particular how the development will impact on biodiversity and potential impacts on protected species. In the absence of this information it is considered that the development would not adequately cater for these species and is therefore unacceptable.

Policies: Approved Fareham Borough Core Strategy:C18 - Protected Species

CS5 - Transport Strategy and Infrastructure,CS14 - Development Outside Settlements, CS15 - Sustainable Development and Climate Change, CS16 - Natural Resources and Renewable Energy, CS17 - High Quality Design, CS20 - Infrastructure and Development Contributions, CS21 - Protection and Provision of Open Space.  Fareham Borough Local Plan Review:DG4 - Site Characteristics, C18 - Protected Species.

The Committee was referred to the Update Report which provided the following information:-  This application has been withdrawn.

The Committee was referred to the Update Report which provided the following information: Amend condition: materials to be agreed rather than as agreed.

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

(i)     the applicant/owner first entering into a deed of variation to amend the 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 an operations management plan as per the previous application by 9 July 2013; and

(ii)    the conditions in the report, with amended wording that materials are to be agreed

was voted on and CARRIED.

(Voting 7 in favour; 0 against)

RESOLVED that subject to:-

(i)     the applicant/owner first entering into a deed of variation to amend the 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 an operations management plan as per the previous application by 9 July 2013; and

(ii)    the conditions in the report, with amended wording that materials are to be agreed

PLANNING PERMISSION be granted.

Reasons for the decision:  The development is acceptable taking into account the policies of the Development Plan as set out below. The proposal is not considered likely to result in any significant impact on the amenity of adjoining occupiers, the character of the area, or highway safety. 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; CS17 - High Quality Design . Fareham Borough Local Plan Review: DG4 - Site Characteristics

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

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 7 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 below. The development would not have unacceptable implications in respect of its effect on the visual appearance or character of the Conservation Area, amenities of neighbours living nearby, highway implications or ecological matters. 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: CS14 - Development Outside Settlements; CS17 - High Quality Design; CS22 - Development in Strategic Gaps.  Fareham Borough Local Plan Review: DG4 - Site Characteristics; C18 - Protected species.

A motion was proposed that the application for planning permission be deferred.  On being put to the vote the motion was CARRIED unanimously.

RESOLVEDthat the application for planning permission be deferred.

Reasons for the decision:  To enable officers to negotiate with the applicants regarding :-

(i) increase in car parking provision on the site by the construction of 3/4 extra car parking spaces;

(ii) the possibility of providing an alternative separate means of entrance/exit for people attending the veterinary centre/ clinic to those attending the GP surgery; and

(iii) marking out existing car parking spaces.

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

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 7 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 below. 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 received the deputation referred to in minute 5 above.

A motion was proposed and seconded that the application be refused and was voted on and CARRIED.

(Voting; 7 in favour of 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 excessive height, bulk and proximity to the north-east and south-east boundaries the proposed outbuilding would result in an overbearing and unneighbourly form of development unacceptably reducing the level of outlook available from and light available to the neighbouring properties to the detriment of the amenities of the occupants of those properties (Nos. 24 & 26 Fragorum Fields).

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

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

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 7 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 below. The proposal would not have an adverse effect on the landscape character, appearance or function of the countryside, would not physically or visually diminish the local gap, nor would it detract from the residential amenity of neighbours. The design and appearance of the replacement house is considered acceptable and ecological matters have been satisfactorily identified and appropriate measures secured. 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:  CS5 - Transport Strategy and Infrastructure; CS14 - Development Outside Settlements; CS15 - Sustainable Development and Climate Change; CS17 - High Quality Design.  Approved SPG/SPD: RCCPS - Residential Car and Cycle Parking Standards Supplementary Planning Document. Fareham Borough Local Plan Review:C12 - Local Gaps; C18 - Protected Species; DG4 - Site Characteristics

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

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 7 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 below, the proposal being considered/assessed by Officers for example as not likely to result in unacceptable impacts upon key planning issues (such as on the street scene or character of the area, or upon the amenities 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. Further to Section 38(6) of the Planning and Compulsory Purchase Act 2004, planning permission should therefore be granted.

Policies:  Approved Fareham Borough Core Strategy: CS17 - High Quality Design; Approved SPG/SPD: RCCPS: Residential Car and Cycle Parking Standards Supplementary Planning Document; EXTDG - Extension Design Guide (1993).

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 6 in favour; 0 against).  (Note: Councillor Mrs Hockley had left the meeting when this matter was considered).

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 below. The proposal is not considered to adversely affect the landscape character of the countryside and strategic gap. There would not be adverse impacts on protected species. Other material considerations are judged not 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:  CS1 - Employment Provision; CS4 - Green Infrastructure, Biodiversity and Geological Conservation; CS5 - Transport Strategy and Infrastructure; CS12 - Daedalus Airfield Strategic; Development Allocation; CS14 - Development Outside Settlements; CS22 - Development in Strategic Gaps.  Fareham Borough Local Plan Review: C18 - Protected Species; DG4 - Site Characteristics.

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

The Committee was referred to the Update Report which provided the following information:  Suggested condition in order to control the future use of the site:

The building hereby approved shall be used only as a training and educational facility related to engineering, with ancillary training/conference facilities for the benefit of other businesses, and for no other purposes within Class D1 of the Schedule to the Town and Planning (Use Classes) Order 1987 (as amended), or in any provision equivalent to that Class in any Statutory Instrument revoking or re-enacting that Order unless otherwise first agreed in writing by the Local Planning Authority following the submission of a planning application.

Details of the drainage layout have been submitted. The Council's Building Control Surveyor has confirmed that these plans indicate that in light of the ground conditions of the site, soakaway stormwater will not need to be taken to the Alver Stream.

(i)        the applicant/owner entering into a planning obligation pursuant to Section 106 of the Town and Country Planning Act 1990 in association with Hampshire County Council to secure a Framework Travel Plan, including access and parking controls, Delivery and Servicing Plan and lorry routeing plan;

(ii)       the conditions in the report; and

(iii)      a condition requiring that the building hereby approved shall be used only as a training and educational facility related to engineering, with ancillary training/conference facilities for the benefit of other businesses, and for no other purposes within Class D1 of the Schedule to the Town and Planning (Use Classes) Order 1987 (as amended), or in any provision equivalent to that Class in any Statutory Instrument revoking or re-enacting that Order unless otherwise first agreed in writing by the Local Planning Authority following the submission of a planning application

was voted on and CARRIED

(Voting 7 in favour; 0 against). 

RESOLVED that subject to:-

(i)        the applicant/owner entering into a planning obligation pursuant to Section 106 of the Town and Country Planning Act 1990 in association with Hampshire County Council to secure a Framework Travel Plan, including access and parking controls, Delivery and Servicing Plan and lorry routeing plan;

(ii)       the conditions in the report; and

(iii)      a condition requiring that the building hereby approved shall be used only as a training and educational facility related to engineering, with ancillary training/conference facilities for the benefit of other businesses, and for no other purposes within Class D1 of the Schedule to the Town and Planning (Use Classes) Order 1987 (as amended), or in any provision equivalent to that Class in any Statutory Instrument revoking or re-enacting that Order unless otherwise first agreed in writing by the Local Planning Authority following the submission of a planning application.

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 below.  The proposal is not considered to adversely affect the landscape character of the countryside and strategic gap. There would be no adverse impacts on protected species. There would not be unacceptable impacts upon the character or appearance of the area. The increase in traffic levels would be minimised through sustainable transport arrangements; highway safety would not be materially harmed. Other material considerations are judged not to have sufficient weight to justify a refusal of the application, and, where applicable conditions along with a Section 106 planning obligation 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: CS1 - Employment Provision; CS4 - Green Infrastructure, Biodiversity and Geological Conservation;

CS5 - Transport Strategy and Infrastructure;CS12 - Daedalus Airfield Strategic Development Allocation;CS14 - Development Outside Settlements;CS15 - Sustainable Development and Climate Change; CS16 - Natural Resources and Renewable Energy; CS22 - Development in Strategic Gaps. Fareham Borough Local Plan Review:  C18 - Protected Species; DG4 - Site Characteristics.

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

(Voting 6 in favour; 0 against). (Note: Councillor Mrs Hockley had left the meeting when this matter was considered).

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 below. The fencing does not detract from the visual appearance or character of the streetscene. 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 received the deputation referred to in minute 5 above.

The Committee was referred to the Update Report which provided the following information: Two further letters of objection have been received raising the following additional concerns;   why are twenty parking spaces required if this is a store for local residents;  high volume of traffic and delivery lorries dangerous to children and pets. Two further letters of support have also been received.

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

(i)           consideration of any further material planning considerations raised by 22 May 2013;

(ii)          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 of £5000 towards the provision of a TRO to prevent vehicles from being parked on Foxbury Grove;

(iii)         the conditions stated in the report;

(iv)         a further condition restricting lorry deliveries to 08.00am to 18.00pm Monday to Saturday and 09.00am to 18.00pm on Sundays;

(v)                    provision of litter bins at the front of the store; and

(vi)      the Delivery Management Plan to include arrangements to cone-off appropriate car park spaces at the rear of the store for the length of time of the delivery process  to prevent disruption to the use of the car park

was voted on and CARRIED

(Voting 5 in favour; 1 against).  (Note: Councillor Mrs Hockley had left the meeting when this matter was considered).

RESOLVED that subject to:-

(i)        consideration of any further material planning considerations raised by 22 May 2013;

(ii)       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 of £5000 towards the provision of a TRO to prevent vehicles from being parked on Foxbury Grove;

(iii)               the conditions stated in the report;

(iv)         a further condition restricting lorry deliveries to 08.00am to 18.00pm Monday to Saturday and 09.00am to 18.00pm on Sundays;

(v)          provision of litter bins at the front of the store; and

(vi)         the Delivery Management Plan to include arrangements to cone off appropriate car park spaces at the rear of the store for the length of time of the delivery process  to prevent disruption to the use of the car park

 PLANNING PERMISSION be granted.

Reasons for the decision:  The development is acceptable taking into account the policies of the Development Plan as set out below. The proposal is not considered likely to result in any significant impact on the amenity of adjoining occupiers, the character of the area, or highway safety. 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 and a planning obligation required 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:  CS5 - Transport Strategy and Infrastructure; CS6 - The Development Strategy; CS15 - Sustainable Development and Climate Change; CS17 - High Quality Design; CS20 -Infrastructure and Development Contributions. Fareham Borough Local Plan Review:  S9 - New Local Shops.

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

The Committee considered the confirmation of the three following Fareham Tree Preservation Orders which had been made by officers under delegated powers and to which no formal objections had been received.

Order made on 8 March 2013 covering 1No. individual oak and 1 woodland consisting of all trees of whatever species.

It is recommended that Fareham Tree Preservation Order No.656 be confirmed as made and served. No formal objections have been received and  it is requested that Fareham Tree Preservation Order No.124 be revoked, as all the trees in the older Order have, where appropriate, been included in the new Order.

Order made on 8 March 2013 covering 1No. individual oak and 1 woodland consisting of all trees of whatever species.

RESOLVED that:-

(i)        Fareham Tree Preservation Order No.656 be confirmed as made and           served; and

(ii)       Fareham Tree Preservation Order No.124 be revoked, as all the trees in the older Order have, where appropriate, been included in the new Order.

Order made on 8 March 2013 covering 15No. individual trees ( 3No. horse chestnut, 1No. sweet gum, 2No. lime, 2 No. ash, 4No. oak, 1No. London plane, 1No. sycamore and 1No. wellingtonia) and two groups (G1 - 3No. oak; G2 - 1No. poplar, 6No. pine,  1No. sycamore and 6No. cypress).

It is recommended that Fareham Tree Preservation Order No.654 be confirmed as made and served.  No formal objections have been received and it is requested that Fareham Tree Preservation Order No.82 and Fareham Tree Preservation Order No.567 be revoked, as all the trees in the older Order have, where appropriate, been included in the new Order.

Order made on 8 March 2013 covering 15No. individual trees ( 3No. horse chestnut, 1No. sweet gum, 2No. lime, 2 No. ash, 4No. oak, 1No. London plane, 1No. sycamore and 1No. wellingtonia) and two groups (G1 - 3No. oak; G2 - 1No. poplar, 6No. pine, 1No. sycamore and 6No. cypress).

RESOLVED that:-

(i)               Fareham Tree Preservation Order No.654 be confirmed as made and served; and

(ii)             Fareham Tree Preservation Order No.82 and Fareham Tree Preservation Order No.567 be revoked, as all the trees in the older Order have, where appropriate, been included in the new Order

Variation made on 28 March 2013 to include one additional individual tree (T27 - horse chestnut).

It is recommended that Fareham Tree Preservation Order No.651 (Variation Order) be confirmed as made and served. No formal objections have been received.

Variation made on 28 March 2013 to include one additional individual tree (T27 - horse chestnut).

RESOLVED that Fareham Tree Preservation Order No.651 (Variation Order) be confirmed as made and served.

The Head of Development Management and Trees informed the Committee that significant changes to legislation concerning permitted development rights, particularly householder extensions, would be coming into effect at the end of May 2013.  Members requested that arrangements be made to hold a training session on this matter, if possible prior to the next Committee meeting,  that all Councillors would be invited to attend.

RESOLVED that the above matter be noted.