Agenda and minutes

Apologies for absence were received from Councillors A Mandry (Vice-Chairman), B Bayford and P J Davies.

To confirm as a correct record the minutes of the meeting of the Planning Committee held on 14 August 2013.

RESOLVED that the minutes of the Planning Committee meeting held on 14 August 2013 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.

In accordance with Standing Orders and the Council’s Code of Conduct Councillor Price declared a personal interest in minute 6(2).

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

The Committee received the deputation referred to in minute 5 above

A motion was proposed and seconded that, subject to:-

(i)            a condition requiring materials to match; and;

(ii)          guttering along the flank wall abutting the public footway to be so constructed that it does not overhang            

planning permission be granted.  The motion was voted on and CARRIED.

(Voting 7 for; 0 against ).

RESOLVED that subject to:-

(i)            a condition requiring materials to match; and;

(ii)          guttering along the flank wall abutting the public footway to be so constructed that it does not overhang            

CONDITIONAL PLANNING PERMISSION be granted.

Councillor Price declared a personal interest in connection with this matter as he is a member of Hampshire County Council.

Upon being proposed and seconded, the officer recommendation to approve as details pursuant to condition 4 of P/13/0547/VC the mitigation measures submitted on 27 August 2013 and detailed in the report was CARRIED.

(Voting 7 for; 0 against).

RESOLVED that  the mitigation measures submitted on 27 August 2013 and detailed in the report be APPROVED as details pursuant to condition 4 of P/13/0547/VC.

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.

Upon being proposed and seconded, the officer recommendation to refuse planning permission 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 conversion of this car port into a habitable room is contrary to Policies CS5 and CS17 of the adopted Fareham Borough Core Strategy and is unacceptable in that: the loss of this car port as a parking space would leave this family sized dwelling being served by just one parking space. This is likely to lead to vehicles parking on the public highway to the detriment of the safety and convenience of users of the highway. Furthermore if similar conversions were carried out at nearby properties this would further increase the harm and inconvenience to users of the highway.

Policies:  Approved Fareham Borough Core Strategy: CS17 - High Quality Design. Approved SPG/SPD: RCCPS - Residential Car and Cycle Parking Standards Supplementary Planning Document.

The Committee received the deputations referred to in minute 5 above

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: 7 in favour; 0 against)

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

The Committee received the deputations 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: 5 in favour; 0 against; 2 abstentions)

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

The Committee received the deputation referred to in minute 5 above

The Committee was referred to the Update Report which provided the following information:- Comments have been received from the Director of Regulatory & Democratic Services (Contaminated Land Officer) raising no objection to the application and recommending that permission could be granted without any conditions relating to land contamination.

At the invitation of the Chairman Councillor Mrs Pankhurst addressed the Committee on this application.

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

(Voting 7 for refusal; 0 against refusal).

RESOLVED that the application be REFUSED.

Reasons for the decision:  The proposal is contrary to Polices CS17 and DG4 and  is unacceptable in that by virtue of the size and position of the proposed dwelling and the size of the resultant plot, the proposal would result in a cramped form of development out of keeping with the character of the area; byvirtue of the size of the garden space proposed to serve the new dwelling and the close proximity to protected trees within and immediately adjacent to the site, the proposal would fail to provide adequate external space to meet the requirements of future occupiers who are likely to consider the trees to be overbearing and result in pressure to carry out works to, or fell these trees which would be harmful to the character and appearance of the area.

Policies: Approved Fareham Borough Core Strategy: 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.

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 condition in the report was voted on and CARRIED.

(Voting: 7 in favour; 0 against)

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

The Committee was referred to the Update Report which provided the following information:- This application has been amended by plans received on 28th August 2012 and amplified by emails dated 27th August 2013, the plans showing a corrected application boundary and the emails responding to the neighbour comments received on this application.

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: 7 in favour; 0 against)

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

The Committee received the deputations referred to in minute 5 above

The Committee was referred to the Update Report which provided the following information:  Application description amended to delete erection of detached garage. Amended plans received to remove garage.

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; 1 against)

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

The Committee was referred to the Update Report which provided the following information:- An amended plan has been received to relocate a first floor side window to the rear of the dwelling.

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: 7 in favour; 0 against)

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

Upon being proposed and seconded, the officer recommendation to grant consent to crown reduce one oak tree by 3-4 metres protected by Tree Preservation Orders 183 and 184 was voted on and CARRIED.

(Voting: 7 in favour; 0 against)

RESOLVED that CONSENT be granted.

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

The Committee was referred to the Update Report which provided the following information:  One further letter has been received raising the following additional objections; · Contractors vehicles park on the road causing obstruction

· Additional vehicles of residents will worsen parking issues, noise, fumes and danger

· Setting a precedent for further in-fill development · Overlooking · There are bats inhabiting the old garage. The principle of redevelopment of the site has been established previously under the outline permission and planning permission is not required to demolish the garage. In light of the comment made by the neighbour relating to bats inhabiting the garage, the applicant has commissioned an ecological survey. The survey has been submitted and concludes:' It is considered that the site is of insignificant ecological value with negligible potential for roosting

bats and a lack of features suitable for other protected species'.

Upon being proposed and seconded, the officer recommendation to approve reserved matters to outline application P/13/0060/OA subject to:-

(i)                    Consideration of any further representations received by 9 September 2013;

(ii)                  Comments of Southern Water and any conditions they may recommend; and

(iii)                 A condition securing the  provision of  bat boxes in the garage

was voted on and CARRIED.

(Voting: 7 in favour; 0 against)

RESOLVED that subject to

(i)                    Consideration of any further representations received by 9 September 2013;

(ii)                  Comments of Southern Water and any conditions they may recommend; and

(iii)                 A condition for the provision of  bat boxes in the garage

It was proposed and seconded that the officer recommendation to authorise the Solicitor to the Council to enter into a Deed of Release on behalf of the Council, releasing the owner of Chalet 30 from the occupancy covenant contained in the planning agreement of 3 October 1966, subject to the applicants’ agreement to pay the Council's legal costs for the Deed of Release, was CARRIED.

(Voting 7 in favour; 0 against).

RESOLVED that subject to the applicants’ agreement to pay the Council's legal costs for the Deed of Release the Solicitor to the Council be authorised to enter into a Deed of Release on behalf of the Council, releasing the owner of Chalet 30 from the occupancy covenant contained in the planning agreement of 3 October 1966.

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.

Upon being proposed and seconded, the officer recommendation to grant listed building consent, 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, LISTED BUILDING CONSENT be granted.

The Committee received the deputation referred to in minute 5 above

The Committee was referred to the Update Report which provided the following information:-Satisfactory amended plans received on 5 September 2013 addressing the overlooking issue mentioned in the committee report.

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

(Voting 7 for; 0 against)

RESOLVED that the application be deferred.

Reasons for the decision To allow officers the opportunity to consult with the applicant regarding the Committee’s concerns about the lack of appropriate of car parking space on the site.

The Committee received the deputation referred to in minute 5 above

The Committee was referred to the Update Report which provided the following information:-The current application has reduced the rear garden area by 5.69m² from the previously refused application which was dismissed at appeal. Ten further letters of representation have been received objecting on the following grounds:-· Insufficient parking, · Detrimental to the visual symmetry of the existing street scene; · Over-development; Leaves little outdoor amenity space;  Current tenants would lose their side entrance; Sewage concerns; Adverse effect on the character of the area;  Potential hazard by obstructing visibility on a right angled bend. Out of keeping:- ·Potential traffic; · Burden on the existing infrastructure; · Disruption that will be created in relation to building machinery and materials that will be required; · Noise and disruption will inevitably impact on all residents; · The development will be of no benefit to current residents in the area.

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

(Voting:6 for refusal; 1 against refusal).

RESOLVED that the application be REFUSED.

Reasons for the decisionThe proposal is contrary to policy in in that the close proximity of the extension to the site boundary and the highway in this prominent corner position and the resultant loss of space about the building would be harmful to the visual appearance of the area; the proposed extension is not of a high quality of design and is considered to be out of character with the surrounding area to the detriment of visual amenity.

Policies: Approved Fareham Borough Core Strategy CS15 - Sustainable Development and Climate Change; CS17 - High Quality Design; CS20 - Infrastructure and Development Contributions; CS21 - Protection and Provision of Open Space.  Fareham Borough Local Plan ReviewDG4 - Site Characteristics

The Committee was referred to the Update Report which provided the following information:  An amended plan has been received altering the roof to the porch link.

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.

The Committee received the deputation referred to in minute 5 above

The Committee was referred to the Update Report which provided the following information: Comments of the Director of Planning and Environment (Ecologist) - no objection.

Upon being proposed and seconded, the officer recommendation to grant permission for a variation of planning condition 2 of P/11/0519/FP, subject to:-

(i)                    consideration of any further representations received by 2 September 2013;

(ii)                  the comments of Southern Water and any additional conditions they may recommend; and

(iii)                 the conditions in the report

was voted on and CARRIED.

(Voting 5 for; 2 abstentions)

RESOLVED that, subject to

(i)                    consideration of any further representations received by 2 September 2013;

(ii)                  the comments of Southern Water and any additional conditions they may recommend; and

(iii)                 the conditions in the report

PERMISSION be GRANTED for a variation of planning condition 2 of P/11/0519/FP.

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.

Upon being proposed and seconded, the officer recommendation to grant listed building consent, 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, LISTED BUILDING CONSENT be granted.

The Committee received the deputation referred to in minute 5 above

A motion was proposed and seconded that, subject to the receipt of amended plans to show the removal of oak cladding to the first floor level, with the area to be tile hung instead, planning permission be granted.  The motion was voted on and CARRIED.

(Voting: 7 in favour; 0 against)

RESOLVED that, subject to the subject to the receipt of amended plans to show the removal of oak cladding to the  first floor level, with the area to be tile hung instead, PLANNING PERMISSION be granted.

Upon being proposed and seconded, the officer recommendation to grant planning permission was voted on and CARRIED.

(Voting: 7 in favour; 0 against)

RESOLVED that PLANNING PERMISSION be granted.

The Committee received the deputations referred to in minute 5 above

Upon being proposed and seconded, the officer recommendation to grant planning permission pursuant to Regulation 3 of the Town and Country Planning General Regulations 1992 was voted on and CARRIED.

(Voting: 6 in favour; 1 against)

RESOLVED that, subject to officers advising the applicant that the front elevation of beach hut 1A shall be positioned in line with beach hut 1 as practically possible to avoid creating a tunnelling effect, pursuant to Regulation 3 of the Town and Country Planning General Regulations 1992, PLANNING PERMISSION be granted.

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: 5 in favour; 0 against; 2 abstentions)

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

The Committee received the deputations referred to in minute 5 above

The Committee was referred to the Update Report which provided the following information:  For clarification the following point within the representation should be deleted:-Any lighting should be at the rear facing the creek.

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

(Voting 7 for; 0 against)

RESOLVED that the application be deferred.

Reasons for the decision To allow officers to obtain further information from the applicant regarding exact locations and amount of illumination proposed on the building overall and illumination levels.

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 representation have been received objecting on the following grounds:-· The signage should be more in-tune with the locality of Cams and the sheet volume· The sheet size and expanse of those advertisement had no place in such an noteworthy environment The Chairman of the Portchester Civic Society (Hazel Woodman) has commented:-These temporary signs are completely out of keeping with the park and conservation area they are sited in. The Recruitment sign is now defunct as the date will have been passed by the time of approval. We believe that only one sign advertising the opening in November should be allowed, in a much smaller size and on a lighter background, away from the gate houses to cause less distraction to motorists at this junction. This is just another example of the developer trying to ride roughshod over the planning laws.

A motion was proposed and seconded that the Head of Development Management and Trees be delegated authority to:-

1. negotiate with the applicant for submission of an amended plan to remove the two banners from the application and show the display of one banner measuring 1.5 metres in height and 7 metres in width in a central location on the hoarding enclosing the site which faces the A27; and

2. to refuse the application if the amended plan is not received within 14 days of the date of decision.

The motion was CARRIED.

(Voting 7 for; 0 against).

RESOLVED:-that the Head of Development Management and Trees be delegated authority to:-

1.  negotiate with the applicant for submission of an amended plan to remove the two banners from the application and show the display of one banner measuring 1.5 metres in height and 7 metres in width in a central location on the hoarding enclosing the site which faces the A27

2. to refuse the application if   the amended plan is not   received within 14 days of the date of decision

Reasons for the decision  The current proposal for display of three banners is considered contrary to Policy DG7 in that it would appear cluttered and adversely affect the character of the surrounding area.

Policies: Fareham Borough Local Plan Review:DG7 – Signs and Advertisements.

The Update Report was tabled at the meeting and considered with the relevant agenda item.

To consider a report by the Director of Planning and Environment  which  provides details of the results of public consultation on the proposed changes to Fareham Borough Council’s  list of Local Requirements and also advises   of further changes to legislation which impact upon the recommendations put forward. (Minute 7 of 19 June 2013 refers).

The Committee considered a report by the Director of Planning and the Environment which provided details of the results of public consultation on the proposed changes to Fareham Borough Council’s list of Local Requirements and also advises of further changes to legislation which impact upon the recommendations put forward.

RESOLVED that the proposed changes to the “Local Requirements” List as set out in Appendix A (Revised Local Requirements Matrix) and Appendix B (Amended List) attached to the report be agreed. (Voting; unanimous)

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

Order made on 17 May 2013 covering 9 individual trees (8 oak and 1 field maple).

It is recommended that Fareham Tree Preservation Order No.655 be confirmed without modification.  It is further requested that Fareham Tree Preservation Order No.83 be revoked as all the trees in the older order have, where appropriate, been included in the new order.

Order made on 17 May 2013 covering 9 individual trees (8 oak and 1 field

maple).

RESOLVED that:-

(a)          Fareham Tree Preservation Order No.655 be confirmed without modification; and

(b)          Fareham Tree Preservation Order No.83 be revoked as all the trees in the older order have, where appropriate, been included in the new order

Order made on 28 March 2013 covering 14 individual trees (7 ash, 1 birch and 6 oak), 2 groups (G1 -12 oak and 1 sycamore and G2 – 3 oak) and 1 woodland (oak).

It is recommended that Fareham Tree Preservation Order No.660 be confirmed without modification.  

Order made on 28 March 2013 covering 14 individual trees (7 ash, 1 birch and 6 oak), 2 groups (G1 -12 oak and 1 sycamore and G2 – 3 oak) and 1 woodland (oak).

RESOLVED that Fareham Tree Preservation Order No.660 be confirmed as made and served without modification.