Agenda and minutes

An apology for absence was received from Councillor D C S Swanbrow.

To confirm as a correct record the minutes of the meeting of the Planning Committee held on 20 November 2013.

RESOLVED that the minutes of the Planning Committee meeting held on 20 November 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 the following members declared an interest in the applications  referred to :-

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.  An Update Report was tabled at the meeting.

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

The Committee was referred to the Update Report which provided the following information:-  Under the Highways section of the report it should state that it may be necessary to cut back part of the hedgerow to the south in order to achieve the necessary visibility.

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: 9 in favour; 0 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:- A deed of variation will need to be entered into in order to vary the previous planning obligations entered into in connection with extant planning permission P/07/0764/FP. The definitions of "the Development" and "the Permission" within each of the existing planning obligations will need to be varied to reflect the new application, including an amended plan showing the slightly revised boundaries of the "Boatyard Phase" of the development.

A motion was proposed and seconded to approve the officer recommendation, as detailed in the Update Report, for the applicant/owner to enter into a Deed of Variation on terms drafted by the Solicitor to the Council to vary the previous planning obligations (Section 106 legal agreements) which had been entered into in connection with extant planning permission P/07/0764/FP.  A variation will be required to the definitions of "the Development" and "the Permission" within each of the existing planning obligations to reflect the new application, including an amended plan showing the slightly revised boundaries of the "Boatyard Phase" of the development.

The motion was voted on and CARRIED.

(Voting: 9 in favour; 0 against)

RESOLVED that authority be approved for the applicant/owner to enter into a Deed of Variation on terms drafted by the Solicitor to the Council to vary the previous planning obligations (Section 106 legal agreements) which had been entered into in connection with extant planning permission P/07/0764/FP.  The Deed of Variation will require the definitions of "the Development" and "the Permission" within each of the existing planning obligations to be varied to reflect the new application, including an amended plan showing the slightly revised boundaries of the "Boatyard Phase" of the development.

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:-

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

(ii) the applicant/owner entering into a Deed of Variation on terms drafted by the Solicitor to the Council to amend the planning application reference in the previous legal agreement to refer to the current application number, P/13/089/VC; and

(iii) the conditions in the report

was voted on and CARRIED.

(Voting: 9 in favour; 0 against)

RESOLVED that subject to:-

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

(ii) the applicant/owner entering into a Deed of Variation on terms drafted by the Solicitor to the Council to amend the planning application reference in the previous legal agreement to refer to the current application number, P/13/089/VC; and

(iii) the conditions 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:- The applicant has submitted supporting information in the form of an ecological constraints survey. The Director of Planning & Environment (Ecology) has commented on the survey as follows. "In summary, the site provides a small area of habitat suitable for reptiles. It is proposed to retain suitable alternative areas of habitat within the developed site (as shown on the site plan within the report), into which any animals can be persuaded to move via habitat manipulation. As such, I'm satisfied with regards to impacts of the scheme on any reptiles. The building has been inspected (and additionally inspected closely using an endoscope), and it has been concluded that the building to be demolished has negligible bat potential. As such I have no further concerns with regards to bats. "In any consent, a condition should secure a full and detailed reptile mitigation scheme (to be submitted with any reserved matters application) setting out the proposed reptile mitigation in line with the measures outlined within the ecology report, and based upon updated assessments of the site. This shall include details of the proposed reptile habitat which shall be retained and maintained throughout the construction and operational life of thedevelopment.

"The tree in the north west corner of the site has been found to have bat potential. The current plans show that this tree will be retained within the developed site. However, it has been recommended that any lighting avoids illumination of this habitat feature. "[Recommended conditions concerning lighting scheme and reptile mitigation strategy, recommended informative concerning bird nesting]."

In light of the additional information provided and the comments above from the Council's ecologist, Officers are satisfied that the potential impact of the development on protected species and habitat is known and that, were the application found to be acceptable in all other regards, such matters could be controlled satisfactorily by condition. A revised Officer recommendation is set out below for Members' consideration.

RECOMMENDATION: REFUSE: Contary to policies CS5, CS14, CS17 of the adopted Fareham Borough Core Strategy: development in countryside unacceptable in principle; visual harm to landscape character, appearance and function; fails to respect and respond positively to key characteristics of

surrounding area; detrimental to highway safety and convenience.

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

A motion was proposed and seconded that consideration of the outline application be deferred for a visit to the site on Wednesday, 8 January 2014. Following the site visit, it was proposed that determination of the application would be made at the next meeting of the Planning Committee on 29 January 2014.

The motion was voted on and CARRIED.

(Voting: 5 in favour; 4 against)

RESOLVED that a decision on outline planning application P/13/0917/OA be deferred for a site visit to take place at 8.30am on Wednesday 8 January 2014 and that determination of the application be made at the following meeting of the Planning Committee scheduled for 29 January 2014.

Reason for the Decision: , In order to for members to be able to fully assess the impact of the development and material planning considerations.

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

Councillor Mrs Hockley and Councillor Mandry declared a non-pecuniary interest in the application on the grounds that the deputee is known to them.

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: 9 in favour; 0 against)

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

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

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

(Voting: 9 in favour of refusal; 0 against refusal)

RESOLVED that the application for change of use from retail (butchers) to lettings agent be REFUSED.

Reasons for the Decision: Contrary to Policies CS3, CS17 and S7 in that the proposal would consolidate estate agent/letting agent type uses which would harm the retail character of the area and discourage shoppers from using the Park Gate Local Centre.

Policies:  Approved Fareham Borough Core Strategy Fareham Borough Local Plan Review CS3 - Vitality and Viability of Centres; CS5 - Transport Strategy and Infrastructure; CS17 - High Quality Design; S7 - Non-Retail Uses in the District and Local Centres.

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

At the invitation of the Chairman, Councillor Mrs Pankhurst also addressed the Committee on this application in her role as Ward Councillor.

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: 4 in favour; 3 against; 2 abstentions)

(N.B. Councillor Bayford declined to vote as he was not present for part of the time the application was under consideration).

RESOLVED that, subject to the conditions in the report, 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: 9 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.

At the invitation of the Chairman, Councillor Gregory and Councillor Keeble addressed the Committee on this application.

The Committee was referred to the Update Report which provided the following information:-Revised plans were received on 5th December amending the proposal to show the fence and gates set back from the adjacent carriageway at the southern end of the site.  Following receipt of the amended plans Officers wrote to those residents who had previously commented on the application to allow them the opportunity to make further representation on the revised proposal. Ten letters were received from those residents re-consulted. No new issues were raised in these representations and residents wished to maintain the objections previously made. Officers consider the revised proposal to be satisfactory in terms of the likely effect on highway safety. The set back of the gates provides exiting vehicles with sight of oncoming traffic and also removes any potential hazard to vehicles overhanging the carriageway. The Director of Planning & Environment (Highways) has commented to confirm that no highway objection is held.

RECOMMENDATION: REFUSE: Contrary to policy: harmful to the visual appearance of the area; would result in the loss of an area of public open space.

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

(Voting: 9 in favour of refusal ; 0 against refusal).

RESOLVED that planning permission be REFUSED

Reason for Decision:  The proposal is contrary to Policies CS17 & CS21 of the Approved Fareham Borough Core Strategy in that it would be an unsightly and incongruous addition which would detract from the visual appearance of the area and the open spacious character of the streetscene and would lead to the loss of a valued area of public open space.

Policies: Approved Fareham Borough Core Strategy: CS5 - Transport Strategy and Infrastructure; CS17 - High Quality Design; CS21 - Protection and Provision of Open Space.

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

Councillor Davies declared a non-pecuniary interest in this application on the grounds that he hires one of the halls at the location to hold a monthly surgery for residents and knows the applicant.  Councillor Mrs Hockley and Councillor Mrs Trott also declared a non-pecuniary interest in the application on the grounds that the applicant is known to them.

The Committee was referred to the Update Report which provided the following information:- Suggested informative to applicant regarding cement asbestos: If cement asbestos is present on site the applicants attention is drawn to guidance on the following website:- hhttp://www.hse.gov.uk/asbestos/essentials/index.htm, any removal should be

carried out subject to a risk assessment and in a manner so as to not release fibres or contaminant the soil.

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: 9 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.

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

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

(Voting: 9 in favour of refusal; 0 against refusal).

RESOLVED that planning permission be REFUSED

Reason for Decision:    The proposal is contrary to policy in that the loss of landscaped frontage is harmful to appearance of the scheme, the visual amenity of the area and also to the outlook of residents of adjacent flats.

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 was voted on and CARRIED.

(Voting: 6 in favour; 0 against).

(N.B. Councillors Bayford, Davies and Mrs Hockley had left the meeting when this application was considered).

RESOLVED that PLANNING PERMISSION be granted.

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).

(N.B. Councillors Bayford, Davies and Mrs Hockley had left the meeting when this application was considered).

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

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

A motion was proposed that the application be refused.  However as the motion was not seconded it was not put to the vote and the motion fell.

A further motion was proposed and seconded that the application be granted planning permission and that authority be delegated to the Head of Development Management and Trees to impose the same conditions as were applied to the previous planning application P/12/0485/FP.  On being put to the vote the motion was CARRIED.

(Voting: 7 for permission; 2 against permission).

RESOLVED that PLANNING PERMISSION be granted and authority be delegated to the Head of Development Management and Trees to impose the same conditions as were applied to the previous planning application P/12/0485/FP.

Reasons for the Decision: It was the Committee’s view that the design of the proposed alterations to the dwelling would not be unsympathetic and out of keeping with the surrounding properties or detrimental to the visual appearance of the streetscene.

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: 8 in favour; 1 abstention).

(N.B. Councillor Mrs Hockley declined to vote as she was not present for part of the time the application was under consideration).

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 Chairman declared a non-pecuniary interest in this application on the grounds that one of the applicants is known to him.

The Committee was referred to the Update Report which provided the following information: One of the objections referred to in the committee report has been submitted on behalf of the Portchester Civic Society.  Local residents have commented that the adjacent access is not available to the applicant to use. It is understood there is a dispute relating to the use of the access which is currently being discussed between local residents and the Land Registry. In the event that the applicant does not have legal rights to use the access, the property would not have any off street parking. The property has two bedrooms and utilises on street parking. The parking requirement for a two bedroom property is two spaces. The proposal would create an additional bedroom, however the number of parking spaces required for a three bedroom property is also two. The parking situation would be no different to the existing situation. Officers have had the opportunity to view the proposal from 136 Castle Street, the immediate adjoining neighbour. 136 Castle Street benefits from a rear conservatory and extension. The conservatory accommodates a habitable room and the extension a bathroom. The roof of the conservatory consists of polycarbonate material and allows some light through, the wall facing the application site is solid. The boundary treatment consists of a standard timber panel fencing, some 1.7m high. The

property also benefits from a generous rear garden area.  Having considered the matter carefully, Officers consider that the proposed first floor rear extension would not materially harm the amenities of the neighbouring property in relation to loss of light, outlook and privacy.

Upon being proposed and seconded, the officer recommendation to grant planning permission, subject to the conditions in the report (excluding assessing the impact upon 36 Castle Street) was voted on and CARRIED.

(Voting: 5 in favour; 1 against; 2 abstentions)

(N.B. Councillor Mrs Hockley had left the meeting when this matter was considered).

RESOLVED that, subject to the conditions in the report (excluding assessing the impact upon 36 Castle Street), PLANNING PERMISSION be granted.

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

The Chairman, Councillor Walker declared a non-pecuniary interest in this matter on the grounds that one of the deputees is a neighbour and known to him.

The Committee was referred to the Update Report which provided the following information:  A further two letters have been received raising the same concerns as stated in the committee report.

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:4 in favour; 2 against)

(N.B. Councillors Bayford, Davies and Mrs Hockley had left the meeting when this matter was considered).

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: 5 in favour; 1 abstention).

(N.B. Councillors Bayford, Davies and Mrs Hockley had left the meeting when this matter was considered).

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

The Committee noted the information contained in the report.

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

To consider a report by the Director of Planning and Environment which  provides a summary  of the appeal decisions received during the period from 1 April 2013 to 9 December 2013 and provides an analysis of them.

The Committee considered a report by the Director of Planning and Environment which provided a summary of the appeal decisions received during the period 1 April 2013 to 9 December 2013 and an analysis of them.

RESOLVED that officers be thanked for a comprehensive and informative report, the contents of which are noted.