Agenda and minutes

There were no apologies of absence.

To confirm as a correct record the minutes of the meeting of the Planning Committee held on 16 December 2015.

RESOLVED that the minutes of the Planning Committee held on 16 December 2015 be confirmed and signed as a correct record.

There were no Chairman’s announcements.

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 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 Regulation on a Review of Local Information Requirements.

The Committee considered a report by the Director of Planning and Regulation on a review of Local Information Requirements.

RESOLVED that the Committee agree the proposed changes to the Fareham Borough Council’s Local Information Requirements for public consultation.

To consider a report by the Director of Planning and Regulation on a change to Officer Delegation.

The Committee considered a report by the Director of Planning and Regulation on changes to the scheme of delegation to officers in respect of telecommunications masts.

RESOLVED that the Planning Committee delegate authority to officers to determine planning applications and prior approval applications, including those relating to telecommunications masts as set out in Paragraphs 6 and 7 of the report, to make the approach consistent with other application types dealt with by this Council and to authorise the Council’s Monitoring Officer to reflect this amended change in the Constitution (Scheme of delegation to Officers) accordingly.

To consider a report by the Director of Planning and Regulation 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.

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

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

Upon being proposed and seconded the Officer Recommendation to refuse planning permission as set out in the report, was voted on and CARRIED.

(Voting: 9 in favour; 0 against)

RESOLVED that PLANNING PERMISSION be REFUSED.

Reasons for Refusal:

That the proposed replacement of the fisherman’s hut with a new dwelling would be contrary to Policies CS14 of the Fareham Borough Core Strategy (Local Plan Part 1) and DSP6 of the Fareham Borough Development Sites and Policies Plan (Local Plan Part 2). The proposal will result in an undesirable addition of a new dwelling in the countryside for which there is no overriding need demonstrated.

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

At the invitation of the Chairman Councillor Mrs Hockley addressed the Panel on this item.

The Committee’s attention was drawn to the Update Report which contained the following information:- Further amended plans have been received to:

-further revise the first floor south elevation of the Barn

-cross section details through the site and the barn

-typical window details for the barn

-Roof details

As a consequence of these plans being received they are considered to address the requirements of condition 04 and part of condition number 02. The recommendation is therefore amended to reflect these additional plans being received as follows:

LISTED BUILDING CONSENT subject to conditions:

01. The works hereby consented shall be begun within three years from the date of this decision.

Reason: To comply with the provisions of Section 18 of the Planning (Listed Building and Conservation Areas) Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

02. The works hereby consented shall be undertaken in accordance with the following approved plans:

-1437 001 “Site Location Plan – Blue Line”

-1437 002 “Site Block Plan”

-1437 901 Rev O “Existing Plans”

-1437 903 Rev O “Existing Elevations”

-496 02 Rev C “Overall Landscape Proposals”

-1437 SK01 Rev D “Plans as Proposed Revised Scheme”

-1437 SK02 “Elevations as Proposed Revised Scheme”

-1437 SK03 Rev D “Elevations as Proposed Revised Scheme”

-1437 300 Rev A “Window Details”

-1437 301 “Roof Details”

-1437 004 Rev O “Barn Roof Plan and Sections as proposed”

Reason: To preserve the significance of the listed building.

03. No development shall take place until full details of all new joinery, including doors (internal and external), and other internal structures, shall include drawings at a scale of 1:10 (unless otherwise agreed in writing), of plans, elevations and sections. They should also include details of window (to complement the approved drawing 1437 300 Rev A “Window Details” and door furniture. The works shall be carried out in accordance with the approved details.

Reason: To preserve the significance of the listed building.

04. No development shall take place until details, including samples where required, of all the external materials to be used in the repair and conversion of the barn have been submitted to and approved in writing by the Local Planning Authority. The works shall be undertaken in accordance with the approved details.

Reason: To preserve the significance of the listed building.

05. No development shall take place until details of the type, colour and pointing finish of the mortars to be used in the repair and conversion of the barn, to include samples provided on the site, have been approved in writing by the Local Planning Authority. The works shall be undertaken in accordance with the approved details.

Reason: To preserve the significance of the listed building.

06. No development shall take place until a detailed schedule of works for the interior of the barn, specifying the methods and materials to be used, has been submitted to and approved in writing by the Local Planning Authority. The work shall be undertaken in accordance with the approved details.

Reason: To preserve the significance of the listed building.

Upon being proposed and seconded the officer recommendation to grant listed building consent, subject to the condition in the update report, was voted on and CARRIED.

(Voting: 9 in favour; 0 against)

RESOLVED that, subject to the conditions in the update report, LISTED BUILDING CONSENT be GRANTED.

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:- The report heading should read: Demolition of existing building and redevelopment comprising vehicular access from Locks Road for 8 dwellings and associated works.

The description of the development also referred to unit no. 8 as having three bedrooms instead of four.

The objection submitted from the owner of no. 18 which raised concerns regarding the impact that the loss of the boundary hedge would have on his outlook and privacy has been formally withdrawn.

Conditions amended as follows:

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

Car ports Drawing no. ATR-01

Plots 1,2,3 & 4 elevations Drawing no. 10299-PL-04 Rev B

Plot 5 elevations Drawing no. 10299-PL-06 Rev E

Plots 6 & 7 elevations Drawing no. 10299-PL-08 Rev F

Plot 8 elevations Drawing no. 10299-PL-10 Rev C

Plots 1,2,3 & 4 floor plans Drawing no. 10299-PL-03 Rev B

Plot 5 floor plans Drawing no. 10299-PL-05 Rev C

Plots 6 & 7 floor plans Drawing no. 10299-PL-07 Rev F

Plot 8 floor plans Drawing no. 10299-PL-09 Rev B

Site layout Drawing no. 10299-PL-02 Rev M

Location Plan Car ports Drawing no. 10299-PL-11

Site Plan Drawing no. 10299-PL-01 Rev A

Design and access statement Dated February 2015

Chiropteran, barn owl and nesting bird survey ref HEA296a2015

Chiropteran monitoring survey ref HEA296b2015

Material samples report dated October 2015 Rev B and accompanying spreadsheet

Soft landscaping scheme drawing no. SOU19932 11 prepared by ACD

Reason: To avoid any doubt over what has been permitted.

6. Prior to the implementation of the landscaping scheme pursuant  to condition 05, a schedule of landscape maintenance for a minimum period of 10 years shall be submitted to and approved in writing by the Local Planning Authority. The schedule shall include details of the arrangements for its implementation. Development shall be carried out in accordance with the approved schedule.

REASON: To secure the satisfactory appearance of the development in accordance with Policy CS17 of the Adopted Fareham Borough Core Strategy.

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

  (i).        The conditions in the report;

 (ii).        An additional condition that the existing house be dismantled so that the existing bricks and slates can be reused elsewhere be added; and

(iii).        That condition 10 be changed to read ‘Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no doors, gates, structures or other means of enclosure shall be erected on the approved car ports.

Reason: In the interest of retaining an adequate supply of parking provision and in the interest of highway safety.’

Was voted on and CARRIED.

(Voting: 9 in favour; 0 against)

RESOLVED that, subject to:

  (i).        The conditions in the report;

 (ii).        An additional condition that the existing house be dismantled so that the existing bricks and slates can be reused elsewhere; and

(iii).        That condition 10 be changed to read ‘Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no doors, gates, structures or other means of enclosure shall be erected on the approved car ports.

Reason: In the interest of retaining an adequate supply of parking provision and in the interest of highway safety.’

PLANNING PERMISSION be granted.

Councillor Cartwright declared a non-pecuniary interest in this item as the deputees are know to him as he is the Ward Councillor for this area.

Councillor Ford declared a non-pecuniary interest in this item as he lives 50 metres away from the application site and he has been in consultation with several of the people making deputations on this application. He then left the room and took no part in the discussion or vote of this item.

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:- Condition 15 of the recommendation is updated to reflect the correct plot number (from 3 to 4)

15. The staircase window proposed to be inserted into the south elevation of plot 4 shall be glazed with obscure glass and be of a non opening design and construction to a height of 1.7 metres above internal finished floor level of the first floor landing and shall thereafter be retained in that condition at all times.

REASON: To prevent overlooking and to protect the privacy of the occupiers of the adjacent property.

The Committee were verbally updated of a correction to Condition 4 which should read ‘04. No development shall take place, including site clearance and preparatory work, until the protective fencing along the western and southern boundaries as set out in the “Bat Activity and Bat and Reptile Mitigation Strategies” Addendum and the approved site layout drawing 10259-PL-02 Revision F has been erected.’

A motion was proposed and seconded to refuse the application on the grounds over development and lack of amenity space, was voted on and CARRIED.

(Voting: 8 in favour; 0 against)

RESOLVED that PLANNING PERMISSION be REFUSED.

Reasons for Refusal:

  (1)        The proposed development, by virtue of its cramped layout and garden provision to plots one and two, is considered to result in overdevelopment of the site through the failure to provide adequate usable external amenity space to meet the requirements of future occupiers. The development is therefore considered to be contrary to policy CS17 of the Fareham Borough Design Guide (Excluding Welborne) Supplementary Planning Document.

  (2)        In the absence of a completed agreement pursuant to section 106 of the Town and Country Planning Act 1990 to secure:

-        A financial contribution towards the Solent Recreation Mitigation Strategy,

-        A contribution towards the Solent Recreation Mitigation Strategy,

-        A contribution towards reptile translocation and habitat enhancement,

-        Affordable Housing Claw Back Obligation for Affordable Housing should a residential proposal come forward on the site of planning permission P/15/1023/FP.

The proposed development fails to mitigate its impact and would, in combination with other developments, increase the recreational pressure and habitat disturbance to the Solent Coastal Protection Areas; have a detrimental impact upon reptiles using the site and fail to provide the opportunity to secure a contribution towards affordable housing. The development would therefore be contrary to Policy CS18 (Provision of Affordable Housing) of the adopted Fareham Borough Core Strategy and polices DSP13 (Nature Conservation) and DSP15 (Recreational Disturbance on the Solent Special Protection Areas) of the Fareham Borough Development Sites and Policies Plan.

Councillor Cartwright declared a non-pecuniary interest in this item as the deputees are known to him as he is the Ward Councillor for this area.

Councillor Ford, JP declared a non-pecuniary interest in this item as he lives 50 metres away from the application site and has consulted with several of the deputees on this application. He left the room and did not take part in the discussion or vote on this item.

In light of the resolution to item (4) the recommendation was verbally updated to the Committee as follows:

Subject to 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 Borough Solicitor to secure an affordable Housing Claw Back Obligation for Affordable Housing should a residential proposal come forward on the application site and a development be permitted by the Local Planning Authority or by an allowed appeal on the land that forms the site for application P/15/0947/FP and the combined quantum of development exceeds the threshold for affordable housing within the policies of the development plan.

The PERMISSION subject to conditions as per the main agenda.

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

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

(Voting: 8 in favour; 0 against)

RESOLVED that, subject to the conditions 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: 9 in favour; 0 against)

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

Councillor Cartwright was absent from the room during the discussion of this item and did not take part in the vote.

Upon being proposed and seconded the officer recommendation that prior approval not required, was voted on and CARRIED.

(Voting; 8 in favour; 0 against)

RESOLVED that PRIOR APPROVAL is NOT REQUIRED.

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

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

A motion was proposed and seconded that planning permission be granted subject to conditions making the permission temporary for 1 year; personal to the applicant; and that the swimming lessons are run in accordance with the applicant’s proposed parking plan, was voted on and CARRIED.

(Voting: 9 in favour; 0 against)

RESOLVED that, subject to planning conditions making the permission temporary for 1 year; personal to the applicant; and requiring the swimming lessons being run in accordance with the applicant’s proposed parking plan PLANNING PERMISSION be granted.

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

The deputee advised the Planning Committee that they were willing to make a planning application and would do so within 21 days of the date of this Planning Committee meeting. In light of the deputee’s statement that they would submit a planning application within the next 21 days, a motion was proposed and seconded that the matter be DEFERRED; this motion was CARRIED.

(Voting: 9 in favour; 0 against)

RESOLVED that the matter be DEFERRED.

Councillor’s Cartwright, Evans, Walker and Bayford declared a non-pecuniary interest in this item as the applicant is known to them.

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

At the invitation of the Chairman Councillor Mrs Trott addressed the Committee on this item.

Upon being proposed and seconded the officer recommendation to refuse the planning application 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 Policies CS17 of the adopted Fareham Borough Core Strategy and Policies DSP2, DSP5 and DSP15 of the adopted Fareham Borough Local Plan Part 2: Development Sites & Policies and fails to preserve the setting of listed buildings or to preserve or enhance the character and appearance of the High Street Conservation Area and is therefore unacceptable in that:

i) The siting of a bungalow within this historic burgage plot and the subdivision of the burgage plot to form a separate residential curtilage would be seriously harmful to the integrity and legibility of the surviving medieval layout of the High Street which is an important characteristic of the High Street Conservation Area;

ii) The siting of the bungalow and the severance of the listed building 23 High Street from the remainder of its historic garden burgage plot, which is clearly intact and well defined by its listed boundary walls, would seriously harm the setting of the existing house and the setting of other listed buildings in the street;

iii) The proposal would result in a building that fails to respond in design to the historic context of the conservation area and the setting of listed buildings and would be an inappropriate and unsympathetic form of development harmful to the character and appearance of the conservation area and setting of listed buildings;

iv) The proposal fails to provide adequate privacy, outlook and light to the internal space to meet the requirements of the future occupiers of the bungalow;

v) The proximity of the car parking spaces to be used by occupants of the existing dwelling at 23 High Street to the windows and door in the eastern elevation of the proposed bungalow would be harmful to the living conditions of the future occupiers of the bungalow by virtue of noise, vibration and fumes;

vi) In the absence of a financial contribution or a legal agreement to secure such, the proposal fails to provide satisfactory mitigation of the ‘in combination’ effects that the proposed net increase in residential units on the site would cause through increased recreational disturbance on the Solent Coastal Special Protection Areas.

Councillor Ford, JP had left the meeting before this item and therefore did not take part in the discussion or vote.

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

Councillor Mandry declared a non-pecuniary interest this item as the applicant and one of the deputees is known to him.

The Committee’s attention was drawn to the Update Report which contained the following information:- Six further letters of support for the proposal have been received from:

40 Hill Head Road; 15 Viking Close; 35, 56a Crofton Lane; 2a Carisbrooke Avenue and one by email with no address specified.

The matter raised reflects those summarized in the main agenda and the following points;

- This building has no impact what so ever to Hill Head.

- You have to look very carefully to know the building is even there!

- we see no problem with this at all.

- The application is only for a bit of decking and some windows, nothing else.

- Up until now I have not even been aware of the building and decking. This clearly shows that consideration was taken during its construction.

- Not all residents agree with the Hill Head Residents Association.

One further letter of objection has been received from 4 Cliff Road:

- I attended the last committee meeting and experienced a very biased presentation from the Officer and a counter case by Councillor Mandry.

-The content of this second presentation seemed to be supported by the whole Planning Committee in attendance.

- The decision on this application seemed to have been made before the Legal representation suggested this deferment on the Grounds that a future appeal may reverse any decision.

-Surely, the elected councillors on this Committee should make the ‘Right Decision as they see it and then stand by it, leaving the same ‘Legal Resource’ to worry about any ‘Appeal’.

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

(Voting: 5 in favour; 3 against)

RESOLVED that PLANNING PERMISSION be granted.

Councillor Ford, JP had left the meeting before this item was heard and therefore did not take part in the discussions or vote.

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:- The Applicant has requested that condition 22 be amended. As currently drafted the condition reflects that imposed on the permitted scheme and it restricts bank holiday opening hours to the same as Sunday opening hours.

The Applicant has confirmed that Sunday trading laws are not applicable to bank and public holidays and it is requested therefore that the store be able to open 7am to 10pm as normal on bank holidays as is the case, the applicant suggests, with other retailers.

In considering this request it is noted that the warehouse is at ground floor level such that delivery vehicles will off-load within a dock at floor level directly into the warehouse area. The delivery bay for the store is at the southern end of the building and is essentially sheltered by the building itself. Neighbouring dwellings to the east in Hamilton Road are over 30m away.

The general activity with the store being open is likely to be focused on the entrance area to the north west of the building and the car parking to the west and south. The operations are generally well away from neighbouring properties such that the requested change is not considered to result in any significant identifiable demonstrable harm.

The extended car parking at the south of the building does bring the activity on site closer to number 16a Hamilton Road, which is hard up against the application site in the south eastern corner. However, this building is a workshop/office and not a dwelling such that the activity associated with the store in this location is not considered to be demonstrably harmful on bank public holidays.

The applicant’s request to amend Condition 22 is acceptable and is amended as follows:

22. The use hereby permitted shall not be open to customers outside of the following times:

- Monday – Saturday: 0700 – 2200; and

-Sunday: 1000 – 1700

REASON: To ensure that the store operations do not have a detrimental impact upon the environment and amenities in accordance with Policy CS17 of the Adopted Fareham Borough Core Strategy.

Additionally it is noted that the buildings on the application site have, since the submission of this application, been demolished. As such the requirements of condition 06 (asbestos survey for the existing building and a demolition method statement) in the main agenda is no longer considered to be necessary. Condition 06 is therefore deleted from the recommendation and the remaining conditions thereafter will be re-numbered accordingly as a result of this deletion.

The Committee was also verbally updated with a change to condition 21 as follows:

21. No deliveries shall be taken at or despatched from the site outside of the following hours:

Monday – Saturday : 0600 and 2200;

Sundays and recognised Bank and Public Holidays : 0830 and 1900

REASON: to ensure that the store operations do not have a detrimental impact upon the environment and amenities in accordance with Policy CS17 of the Adopted Fareham Borough Core Strategy.

Upon being proposed and seconded the officer recommendation to grant planning permission, subject to the completion of a s.106 agreement and subject to the conditions in the report and update report, was voted on and CARRIED.

(Voting: 8 in favour; 0 against)

RESOLVED that, subject to the completion of a satisfactory s.106 agreement and subject to the conditions in the report and update report, PLANNING PERMISSION be granted.

The Committee noted the information in the report.

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, which had been made under delegated powers and to which no formal objection had been received.

Fareham Tree Preservation Order No.717 (2015) – No.2, 3 & 4 Coldeast Way, Park Gate

Order served on 30 October for which there were no objections.

It is recommended that the Fareham Tree Preservation order No 717 be confirmed as made and served.

Fareham Tree Preservation Order.719 (2015) – The Bold Forester, 120 Bridge Road, Sarisbury

Order served on 4 December for which there were no objections.

It is recommended that Fareham Tree Preservation Order No.719 be confirmed as made and served.

Tree Preservation Orders Served

The following Tree Preservation Orders have been made in the past month:

Fareham Tree Preservation Order No.720 (2015) – Land south of Warsash Common, east of Church Road and west of Fleet End Road, Warsash. The order was served on 22 December 2015.

Fareham Tree Preservation Order No.721 (2016) – 2 Birdwood Grove, Portchester. The Order was served on 8 January 2016.

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 No.717 (2015) – No.2, 3 & 4 Coldeast Way, Park Gate

Order served on 30 October for which there were no objections.

RESOLVED that Fareham Tree Preservation Order No 717 be confirmed and made and served.

Fareham Tree Preservation Order.719 (2015) – The Bold Forester, 120 Bridge Road, Sarisbury

Order served on 4 December for which there were no objections.

RESOLVED that Fareham Tree Preservation Order No 719 be confirmed and made and served.