Agenda and minutes

Apologies of absence were received from Councillors B Bayford and M J Ford, JP.

To confirm as a correct record the minutes of the meeting of the Planning Committee held on 18 November 2015.

RESOLVED that the minutes of the Planning Committee held on 18 November 2015 be confirmed and signed as a correct record.

The Chairman read out the following announcement:

‘In accordance with legislation, members of the public and press are able to audio and video record all meetings held in public by Fareham Borough Council.

I can confirm that there has been one request to film at this meeting, can I please remind members of the public and press that they must respect the wishes of other members of the public present who do not wish to be filmed.’

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 N J Walker declared a personal non-pecuniary interest in minute 6 (10) – Former Catholic Church Site, White Hart Lane, Portchester, as the applicant is known to him.

To receive any deputations of which notice has been lodged.

The Committee received a deputation from the following in respect of the applications indicated and were thanked accordingly.

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

The Committee noted a report by the Director of Planning and Regulation on the development management matter applications and miscellaneous matters including information on Planning Appeals. An Update Report was tabled at the meeting.

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.

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.

Upon being proposed and seconded, the officer recommendation to grant permission to vary condition 16, 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 PERMISION be granted to variation of condition 16. 

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

The Committee’s attention was drawn to the Update Report, which contained the following information – Further comments have been received from Mr G Foulds elaborating on the points of concern raised in his initial letter concerning this application.

The applicant has also provided further information in the form of a briefing note detailing the employment history of Mr & Mrs Purkiss in connection with the fishery.

The briefing note acknowledges that the accounting information provided in the Planning Statement does not show a salary being derived by either Mr or Mrs Purkiss. Notwithstanding, the briefing note asserts that “the applicants have, and continue to, work at the fishery in line with the planning condition” (Condition 2 of the appeal inspector’s decision in relation to the owners accommodation in the roof space of the Lodge). The briefing note explains that “Mr Purkiss split his time between his building business (3 days) and the fishery (4 days) until ill health curtailed the amount of work and time Mr Purkiss could dedicate to his construction business”. “Mrs Purkiss also works at the Fishery, in addition to other gainful employment with the Police Service, which helps subsidise the Fishery business”

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

(a)   the conditions in the report, and

(b)an additional condition stating that the mobile home currently on the site be removed within 3 months of the date of permission.

was voted on and CARRIED.

(Voting: 7 in favour; 2 against)

RESOLVED that subject to:-

(a)   the conditions in the report; and

(b)an additional condition stating that the mobile home currently on the site be removed within the next 3 months of the date of permission.

PLANNING PERMISSION be granted.  

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

The Committee’s attention was drawn to the Update Report, which contained the following information: -

Suggested conditions:

1.The development shall begin within three years.

REASON: To allow a reasonable time period for work to start, to comply with Section 91 of the Town and Country Planning Act 1990, and to enable the Council to review the position if a fresh application is made after that time.

2.The development shall be carried out in accordance with the following approved documents:

Fareham/001 - Existing plan

Fareham/002 - Existing elevations

Fareham/003 – Existing site plan

Fareham/020 rev B – Proposed plans

Fareham/021 rev C – Proposed elevations

Fareham/022 rev A – Proposed site plan

Fareham/027 – Proposed elevations

Fareham/030 rev C – Proposed work

3. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 as amended by the Town and Country Planning (Use Classes) (Amendment) (England) Order 2015 (or any provision equivalent to that Class in any other statutory instrument revoking and re-enacting that Order), the shop hereby approved shall be used only for:

- The sale of clothes and footwear;

- Home ware (as defined within paragraph 4.2 of the Retail Impact Assessment dated November 2015);

- And seasonal goods or goods ancillary to the principal goods sold in the shop.

No other goods shall be sold at the site unless otherwise first agreed in writing with the local planning authority following the submission of an appropriate planning application.

REASON: In the interest of preserving the vitality and viability of Fareham Town Centre in accordance with policy DSP37 of the Fareham Borough Local Plan Part 2 development Sites and policies.

4. A maximum of 2,295 square metres of the total floor space within the building shall be used for the display and sale of goods of which a maximum of 2,065 square metres can be used for the display and sale of clothes and footwear. Ancillary goods and seasonal goods shall not occupy more than 120 square metres of net retail floorspace within the unit at any one time.

REASON: In the interest of preserving the vitality and viability of Fareham Town Centre in accordance with policy DSP37 of the Fareham Borough Local Plan Part 2 Development Sites and Policies.

5.The shop hereby permitted shall not be subdivided or otherwise altered to create more than one unit unless first agreed in writing with the local planning authority following the submission of an appropriate planning application.

REASON: In the interest of preserving the vitality and viability of Fareham Town Centre in accordance with policy DSP37 of the Fareham Borough Local Plan Part 2 development and policies.

The Head of Development Management provided a verbal update at the meeting which was to substitute the second sentence in proposed condition 4 to:

Ancillary goods and seasonal goods shall not occupy more than 230 square metres of net retail floorspace within the unit at any one time.

Upon being proposed and seconded, the officer recommendation to grant planning permission, subject to the conditions in the update report as verbally amended by the Head of Development Management was voted on and CARRIED.

(Voting: 9 in favour: 0 against)

RESOLVED that, subject to the conditions in the update which was verbally updated by the Head of Development Management; Ancillary goods and seasonal goods shall not occupy more than 230 square metres of net retail floorspace within the unit at any one time, PLANNING PERMISSION be granted.

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

A motion was proposed and seconded, to refuse planning permission and was voted on and CARRIED.

(Voting 9 in favour, 0 against)

RESOLVED that PLANNING PERMISSION be REFUSED

Reasons for Refusal:

The use of the garden area for up to 18 children at any one time is contrary to Policy DSP2 of the Local Plan part 2: Development Sites and Policies and is unacceptable in that the level of noise generated by this number of children in the garden has a significant adverse impact upon the use and enjoyment of Manor Croft and its garden area.

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

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

(Voting: 9 in favour, 0 against)

RESOLVED that PLANNING PERMISSION be REFUSED

Reasons for Refusal:

The proposed development is contrary to Policy CS17 of the Fareham Borough Local Plan, and Policy DSP3 of the adopted Local Plan Part 2: Development Sites and Policies and would represent an over-intensive form of development, demonstrated by the following aspects of poor quality design:

(i)  The narrow, un-welcoming access which does not benefit from natural surveillance and has a poor relationship with servicing areas for the commercial units would create a poor residential environment:

(ii)  The dwelling would, by virtue of the poor internal layout, arrangement of fenestration and use of one way privacy glass create outlook from habitable room windows of the proposed building to the detriment of the amenity to be enjoyed by the future occupants;

(iii)  The relationship of the proposed communal garden to refuse areas, the proximity of the surrounding built environment which would be overbearing and oppressive and also the presence of windows in neighbouring properties resulting in overlooking would result in the quality and usability of the private amenity being inadequate to the detriment of residential amenity.

The Committee received deputations referred to in minute 5 above.

The Committee’s attention was drawn to the Update Report, which contained the following information: - Suggested condition 1 should read: The development shall begin within three years of the date of the decision notice.

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

(Voting 8 in favour; 0 against, 1 abstention)

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

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

The Committee’s attention was drawn to the Update Report which contained the following information – A letter has been received from the applicant containing the following points:

-We have no intention to develop the building for any kind of let.

-It will be for occasional family use only.

-I do not need to do any development and have no intention of doing so.

-I withdrew the application for a holiday let in order to appease local concerns.

Members resolved to DEFER taking a decision on this item to enable Officers to provide further information on the permitted development rights that the building benefits from; how the occupancy of the building could be controlled; and what planning enforcement options could be pursued if Members considered the proposals to be contrary to planning policy and unacceptable.

RESOLVED that the application be DEFERRED.

Councillor N J Walker declared a personal non-pecuniary interest in this item as the applicant is known to him.

Upon being proposed and seconded, the officer recommendation that the owner enters into a Deed of Variation on terms drafted by the Solicitor to the Council to allow the payment of Open Space and Transport contributions in three equal instalments upon occupation of the second, fourth and sixth dwellings granted permission under reference P/12/0205/FP, was voted on and CARRIED.

(Voting: 9 in favour: 0 against)

RESOLVED that the owners enters into a Deed of Variation on terms drafted by the Solicitor to the Council to allow the payment of Open Space and Transport contributions in three equal instalments upon occupation of the second, fourth and sixth dwellings granted planning permission under reference P/12/0205/FP.

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

The Committee considered the confirmation of the following Fareham Tree Preservation Order(s), which had been made under delegated powers and to which no formal objection had been received.

Fareham Tree Preservation Order.715 (2015) – 122 Mays Lane, Stubbington

Order served on 16 October for which there were no objections.

It is recommended that the Fareham Tree Preservation order No 715 be confirmed as made and served.

Fareham Tree Preservation Order No.716 (2015) – Land at 24 Newtown Road, Warsash

Order served on 17 September for which there were no objections.

It is recommended that the Fareham Tree Preservation Order No.716 be confirmed as made and served.

Tree Preservation Orders Served.

The following Tree Preservation Orders have been made this month.

Fareham Tree Preservation Order No.718 (2015) – 11 & 15 Bye Road, Sarisbury. The order was served on 4 December 2015.

Fareham Tree Preservation Order No.719 (2015) – The Bold Forester, 120 Bridge Road, Sarisbury. The Order was served on 4 December 2015.

The Committee considered the confirmation of the following Fareham Tree Preservation Order(s), which had been made under delegated powers and to which no formal objection had been received.

Fareham Tree Preservation order.715 (2015) – 122 Mays Lane, Stubbington

Order served on 16 October for which there were no objections.

RESOLVED that Fareham Tree Preservation Order No 715 be confirmed and made served.

Fareham Tree Preservation Order No. 716 (2015) – Land at 24 Newtown Road, Warsash

Order served on 17 September for which there were no objections.

RESOLVED that Tree Preservation Order No 716 be confirmed and made served.

Tree Preservation Orders Served.

The following Tree Preservation Orders have been made this month.

Fareham Tree Preservation Order No.718 (2015) – 11 & 15 Bye Road, Sarisbury. The order was served on 4 December 2015.

Fareham Tree Preservation Order No.719 (2015) – The Bold Forester, 120 Bridge Road, Sarisbury. The Order was served on 4 December 2015.

The Committee noted the information in the report.