Agenda and minutes

There were no apologies for absence made at the meeting.

To confirm as a correct record the minutes of the meeting of the Planning Committee held on 29 January 2014

RESOLVED that the minutes of the Planning Committee meeting held on 29 January 2014 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 a non-pecuniary interest in the items indicated:-

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 information on Planning Appeals.  An Update Report was tabled at the meeting.

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

A motion was proposed that the application be refused planning permission.  Upon being put to the vote the motion was voted on and LOST (Voting: 4 for refusal; 5 against refusal).

A motion was then proposed that the application be granted planning permission subject to:-

(i)        the applicant/owner entering into a planning obligation under Section 106 of the Town & Country Planning Act 1990 to secure a financial contribution towards strategic mitigation measures to offset the harm to nationally and internationally designated nature conservation sites by 23rd April 2014;

(ii)        the conditions in the report; and

(iii)      an additional condition requiring the submission of a construction   management plan to be agreed with officers.

The motion was voted on and CARRIED.

(Voting: 5 in favour; 4 against).

RESOLVED that subject to:-

(i)        the applicant/owner entering into a planning obligation under Section 106 of the Town & Country Planning Act 1990 to secure a financial contribution towards strategic mitigation measures to offset the harm to nationally and internationally designated nature conservation sites by 23rd April 2014;

(ii)       the conditions in the report; and

(iii)      an additional condition requiring the submission of a construction management plan to be agreed with officers.

PLANNING PERMISSION be granted.

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

Councillor Bayford declared a non-pecuniary interest in this matter as a user of Hook Park Road.

The Committee was referred to the information provided in the Update Report as follows:-  Since the drafting of the main agenda, Officers have given further thought to the advice in circular 11/95 "The Use of Conditions in Planning Permission". Paragraph 111 of the Circular advises that "...where an application is made for a permanent permission for a use which may be 'potentially detrimental' to existing uses nearby, but there is insufficient evidence to enable the authority to be sure of its character or effect, it might be appropriate to grant a temporary permission in order to give the development a trial run". Given that the proposed use is small scale, but not yet operational from this site and given the representations regarding the suitability of the access, a three year temporary permission is considered appropriate, in order to enable the Local Planning Authority to assess the impact of the development on the area.

It is also suggested to the Committee that a further condition be added to the recommendation to provide for the submission of and approval of a site access plan to detail exactly how the students will arrive at the site.

AMENDED RECOMMENDATION:

Temporary permission for 3 years then conditions as per the agenda (page 26) and one further condition to secure a site access plan.

A motion was proposed that the application be deferred.  The motion was voted on and CARRIED.

(Voting: 8 for deferral; 1 against deferral).

RESOLVED that the application be deferred.

Reasons for the decision: To allow sufficient  time for submission of and approval of a site access plan to detail exactly how the students will arrive at the site, together with written confirmation that the applicant has permission for use of the Nook and Cranny Car Park  as a drop off point, as stated on page 26 of the report.

The Committee was referred to the information provided in the Update Report as follows:- A further letter of objection has been received regarding the siting of the fence on the southern boundary. The Nursery at 253 have stated that the present fence is in the wrong location and is in fact on their land. Certificate B of the application has been completed informing the owners of 253 of the application. This is a civil matter over land ownership and is not a material planning consideration. Further issues raised in this letter repeat those raised in earlier letters and are dealt with in the main body of this report.

Upon being proposed and seconded the officer recommendation to grant permission for change of use, subject to the conditions in the report, was voted on and CARRIED.

(Voting:  in favour; 1 abstention).

RESOLVED that, subject to the conditions in the report, PERMISSION FOR CHANGE OF USE be granted.

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

Following debate on this application, a motion was proposed and seconded that, subject, subject to authority being delegated to the Head of Development Management and Trees to impose appropriate conditions to include securing obscure glazing to the windows in the first floor side elevations and removing permitted development rights to prevent the erection of extensions and outbuildings being constructed to the side of the property  planning permission be granted.

Upon being put to the vote the motion was CARRIED.

(Voting: 7 in favour; 2 against).

RESOLVED that, subject to authority being delegated to the Head of Development Management and Trees to impose appropriate conditions to include securing obscure glazing to the windows in the first floor side elevations and removing permitted development rights to prevent the erection of extensions and outbuildings being constructed to the side of the property

PLANNING PERMISSION be granted.

Upon being proposed and seconded the officer recommendation to grant planning permission for a change of use, subject to:-

(i)        the conditions in the report, and

(ii)        an additional condition requiring all deliveries, including the delivery of building materials, to be made via the rear of the premises,

 was voted on and CARRIED.

(Voting: 8 in favour; 1 abstention).

RESOLVED that subject to:-

(i)        the conditions in the report, and

(ii)       an additional condition requiring all deliveries, including the delivery of building materials, to be made via the rear of the premises PLANNING PERMISSION FOR CHANGE OF USE be granted.

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

Upon being proposed and seconded the officer recommendation to refuse the application to fell one oak protected by Tree Preservation Order 629 was voted on and CARRIED.

(Voting: 9 for refusal; 0 against refusal).

RESOLVED that the application to fell one oak protected by Tree Preservation Order 629 be REFUSED.

Reasons for refusal:  Insufficient arboricultural evidence has been provided to justify the removal of the oak tree and furthermore, it is considered that its removal would be harmful to the visual amenities and character of the area.

Policies: Fareham Borough Local Plan Review; DG4-Site Characteristics.

Upon being proposed and seconded the officer recommendation to grant permission, subject to the conditions imposed under previously approved planning applications P/9/037/FP and P/06/0501/FP, was voted on and CARRIED.

(Voting: 9 in favour; 0 against).

RESOLVED that, subject to the conditions imposed under previously approved planning applications P/9/037/FP and P/06/0501/FP, PLANNING  PERMISSION be granted.

Upon being proposed and seconded, the officer recommendation that the Committee authorises the Solicitor to the Council to enter into a Deed of Release on behalf of the Council releasing the owners of 31 Harrison Road from the current age restriction, provided the applicants agree to pay the Councils legal costs for the Deed of Release, was voted on and CARRIED. 

(Voting: 9 in favour; 0 against).

RESOLVED that, provided the applicants agree to pay the Councils 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 owners of 31 Harrison Road from the current age restriction.

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

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

(Voting: 9 in favour; 1 abstention).

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

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

Councillor Price declared a personal interest in the application on the grounds that as a member of Hampshire Fire and Rescue Authority he knows the deputee.

Following debate on this application, a motion was proposed and seconded that planning permission be granted, subject to a condition requiring materials to match, was voted on and CARRIED.

(Voting: 8 in favour; 1 against).

RESOLVED that, subject to a condition requiring materials to match,   PLANNING PERMISSION be granted.

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

At the invitation of the Chairman Councillor Knight addressed the Committee regarding this application.

A motion was proposed and seconded to defer consideration of the application.  The motion was voted on and CARRIED.

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

RESOLVED that consideration of the application be deferred.

Reasons for the decision: To allow time for  officers to enter into discussions with local Ward Councillors regarding a more suitable location for the siting of an ice cream concession in this area.

The Committee noted the information contained in the report.

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