Agenda and minutes

Apologies for absence were received from Councillors; B Bayford, M J Ford, JP and R H Price, JP.

To confirm as a correct record the minutes of the Planning Committee meeting held on 27 April 2016.

RESOLVED that the minutes of the Planning Committee meeting held on 27 April 2016 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, Councillor J E Butts declared a Personal Non-Pecuniary Interest in Item 6 (7).

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.

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:- Further comments have been received from the Councils’ Environmental Health Officer with regards to odour control:

The level of odour abatement is high and has been designed in accordance with the DEFRA guidelines on commercial kitchen extraction systems. The final point of extraction is 1 m above the ridge of the building and the proposed odour abatement is an electrostatic precipitator (ESP) with a secondary Ozone system (not just a generic system of activated carbon filters).

At this stage it does not appear that an end user has been identified (for example a fish and chips shops, Indian Takeaway) however in my professional opinion the supplier/installer are reputable and the system will be able to control odours from the more odorous end user.

In response to these comments the applicant’s agent has confirmed that it is their client’s attention 2to offer fish and chips, salads, jacket potatoes, hot and cold filled baguettes, ice cream and hot and cold drinks, in similar vein to their enterprise at ‘The Frying Fish’ in Shore Road, Warsash”.

Upon being proposed and seconded the Officer Recommendation to grant Planning Permission, subject to the funds for the Traffic Regulation Order (TRO) being paid upfront, and the conditions in the report, was voted on and CARRIED.

(Voting: 8 in favour; 0 against)

RESOLVED that, subject to the funds for the TRO being paid upfront and the conditions in the report, 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:-

1.    The applicant has provided the contribution of £176 towards the SRMP.

2.    Details of bin and secure cycle storage have also been provided, therefore condition no. 3 is no longer required.

3.    The proposed sub-division of the dwelling is subject to Policy DSP41: Sub-division of Residential Dwellings which states that the sub-division of a dwelling to create two smaller units will be permitted provided that:

i. the proposal would not adversely affect the character of the area or have unacceptable environmental, amenity or traffic implications.

ii. the resultant sub-divided units conform to the spaces standards and design requirements set out in Policy CS17 and the Design SPD.

iii. appropriate outdoor amenity space, bin storage and parking provision is provided.

The report concludes that the proposed sub-division satisfies each of these criteria.

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: 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.

The Committee’s attention was drawn to the Update Report which contained the following information:- A revised site plan has been provided showing private verandas already in place outside of several ground floor units in the existing Block C. The wording of draft condition 15 has been revised accordingly as has the approved plan number in condition 2.

In addition, Officers have been in contact with the applicants’ agent to resolve an issue concerning overlooking from windows in the southern and western elevations of Block D into adjacent units in the existing converted buildings. A revised set of drawings addressing this issue has been provided and draft condition 2 has been updated accordingly.

A further condition (16) has been added to deal with similar overlooking issues with regards windows in Block E.

Another condition (17) is recommended to ensure that, before development commences, the developer provides details of the proposed means of foul water disposal.

The revised recommendation is 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 Solicitor to the Council to secure:

a) A financial contribution towards the off-site provision of affordable housing;

b) A financial contribution towards the Solent Recreational Mitigation Project (SRMP);

PERMISSION subject to the following conditions:

1. The development shall begin before the expiry of a period of three years from the date of this permission.

REASON: To allow a reasonable time period for work to start, to comply with Section 91 of the Town and County 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:

a) Proposed location plan – drawing no. 15.2082.110 P1

b) Proposed site plan – drawing no. 15.2082.101 P6

c) Proposed floor plans Block D – drawing no. 15.2082.102 P6

d) Proposed floor plans Block E – drawing no. 15.2028.103 P4

e) Block D – Block E proposed context elevations – drawing no. 15.2082.104 P5

f) Proposed elevations Block D – Proposed refuse stores – drawing no.15.2082.105 P6

g) Proposed context elevations Block E – drawing no. 15.2082.106 P5

h) Proposed landscaping plan – drawing no.15.2082.107 P5

i) Blocks A,C & D plan extracts – drawing no. 15.2082.108 P1

j) Typical apartment ventilation detail – Apartment 13 Block D – drawing no. 15.2082.410 P2

k) Typical apartment window detail – Apartment 13 Block D – drawing no. 15.2082.411 P2

l) Typical apartment ventilation detail – Apartment 15 Block D – drawing no. 15.2082.412 P3

m) Typical apartment detail – Apartment 15 Block D – drawing no. 15.2082.413 P2

n) Typical apartment detail – Apartment 08 Block E – drawing no. 15.2082.414 P3

o) Typical apartment window detail – Apartment 08 Block E – drawing no. 15.2082.415 P1

p) Domestic Ventilation and the Building Regulations Part F and L – by VentAxia

q) Ventilation system specification – details of Sentinel Kinetic  MVHR Range

r) Ventilation system – details of MVHR – Lo-Carbon Sentinel Kinetic

s) Extended Phase 1 Ecological Assessment prepared by Ecosupport Ltd

t) Surface Water Strategy and Flood Risk Assessment – by Opus International – 14 March 2016

u) Noise Impact Assessment – revised 23^rd March 2016 – by Clarke Saunders Acoustics

3. No development shall take place until details of all external materials to be used in the construction of the development, including all hard surfaced areas, have been submitted to and approved by the local planning authority in writing. The development shall be undertaken in accordance with the approved details.

REASON: To ensure a high quality design and appearance to the development.

4. No development shall take place until a landscaping scheme has been submitted to and approved by the local planning authority in writing. The landscaping scheme shall include the following:

a) Details of all existing trees, shrubs and hedges to be retained;

b) Details of all new planting including species, planting sizes, planting distances, density and numbers;

c) Details of a specific planting schedule of native species reflecting the recommendation given in section 5.4 of the approved Phase I Ecological Assessment;

d) Details of hard landscaped areas within the external amenity space;

e) Details of future maintenance of all landscaped areas on the site.

The approved landscaping scheme shall be implemented within the first planting season following the commencement of the development or as otherwise agreed in writing with the local planning authority and shall be maintained in accordance with the agreed schedule. Unless otherwise first agreed in writing any trees or plants which, within a period of 5 years from first planting, are removed, die or, in the opinion of the local planning authority, become seriously damaged or defective, shall be replaced, within the next available planting season, with others of the same species, size and number as originally approved.

REASON: To ensure a high quality design and appearance to the development; to ensure a high quality outdoor amenity space is provided for the occupants of the new apartments.

5. No development shall take place until details of any external lighting to be installed on the buildings hereby permitted have been submitted to and approved by the local planning authority in writing. The development shall be undertaken in accordance with the approved details.

REASON: In the interest of the appearance of the development and to protect the living conditions of future residents.

6. No development shall take place until details of future maintenance of the ventilation system to be installed in the buildings hereby approved have been submitted and approved in writing by the local planning authority. Before any of the apartments hereby permitted are first occupied the approved ventilation system shall be undertaken in accordance with the approved details.

REASON: To ensure the satisfactory living conditions of occupants of the development.

7. No development shall take place until a Site Setup Plan has been submitted and approved in writing by the local planning authority. The plan shall provide details of where provision will be made on the site during construction for contractors parking, storage of plant and materials, site welfare facilities and any other temporary buildings. The plan will also identify measures to prevent mud and spoil being deposited on the public highway by vehicles leaving the site. The development shall be carried out in accordance with the approved details.

REASON: in the interests of highway safety and to protect the living conditions of existing residents.

8. Before any of the apartments hereby permitted are first occupied 156 parking spaces shall be laid out and made available for use on the site in accordance with the approved site plan (drawing no. 15.2082.101 P6). The parking spaces shall be retained at all times thereafter. No less than 57 of these parking spaces shall be provided on an un-allocated basis for the purposes of parking by residents living in the existing and hereby approved apartments on the site and visitors of those residents and shall remain so unless otherwise agreed in writing by the local planning authority. Any parking spaces provided on an allocated basis shall be for use by residents living in the existing and hereby approved apartments only.

REASON: To ensure an appropriate level of parking provision.

9. Before any of the apartments hereby permitted are first occupied the refuse storage areas shown on the approved plans shall be provided and thereafter kept available for refuse storage at all times.

REASON: To ensure adequate bin storage facilities and to ensure a high quality design and appearance to the development.

10. Before any of the apartments hereby permitted are first occupied the cycle storage areas shown on the approved plans shall be provided and thereafter kept available for cycle storage at all times.

REASON: To promote alternative modes of transport to the motorcar.

11. Before any of the apartments, hereby permitted are first occupied the sound of attenuation measure identified on the approved plans and in the approved Noise Impact Assessment (Clarke Saunders Acoustics – revised 23^rd march 2016) shall be fully installed. Any replacement windows or openings in the external elevations of the buildings hereby permitted shall be to the same glazing and acoustic specification as that identified in the approved plans and Noise Impact Assessment.

REASON: to ensure the satisfactory living conditions of occupants of the development.

12. Before any of the apartments hereby approved are first occupied, details of two batboxes to be erected at the site shall be submitted to and agreed by the local planning authority in writing. The details shall include the size, design and siting of the batboxes. The approved batboxes shall be installed before any of the permitted apartments are first occupied and shall thereafter be retained at all times.

REASON: To conserve and enhance biodiversity.

13. Before any of the apartments hereby permitted are first occupied three bat accessible ridge tiles shall be incorporated into the new pitched roof sections of the development hereby permitted.

REASON: To conserve and enhance biodiversity.

14. No work relating to the construction of any of the development hereby permitted shall take place before the hours of 0800 or after 1800 Monday to Friday, before the hours of 0800 or after 1300 Saturdays or at all on Sundays or recognised public holidays, unless otherwise first agreed in writing with the local planning authority.

REASON: To protect the living conditions of existing residents.

15. Before any of the apartments hereby permitted are first occupied the external amenity area enclosed by the existing Blocks A, B & C and Block D hereby approved shall, with the exception of those private amenity spaces indicated as such on the approved site plan (drawing no. 15.2082.101.PE), be provided and retained for use by all residents living on the site.

REASON: To ensure a high quality outdoor amenity space is provided for the occupants of the new and existing apartments.

16. The ground and first floor windows proposed to be inserted into the southern elevation of Block E to serve the living/dining rooms for apartments 2 & 6 shall be glazed with obscure glass and be of a non-opening design and construction to a height of 1.7 meters above internal finished floor and shall thereafter be retained in that condition at all times.

REASON: To protect the privacy of occupants of nearby existing apartments.

17. No development shall take place until details of the proposed means of foul water disposal and an associated implementation timetable have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved detail and time table.

REASON: To ensure the satisfactory disposal of waste water.

The Committee raised several questions over the amount of parking provision, the split between allocated and unallocated spaces, and the number of spaves that would actually be available to the residents. Member also sought further infromation with regards the current arrangement to allow employees of Hampshire County Council to park on the application site.

A motion, to defer the item to allow more time to investigate the amount of parking provision and interim parking arrangement with Hampshire County Council, was proposed and seconded, which was voted on and CARRIED.

(Voting: 8 in favour; 0 against)

RESOLVED that the item be DEFERED.

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

A motion was proposed and seconded to refuse the application, which was voted on and CARRIED.

(Voting: 8 in favour; 0 against)

RESOLVED that PLANNING PERMISSION be REFUSED.

Reasons for Refusal:

The relocation of the garden wall would result in the loss of an area for planting which was an original design feature for Silver Birch Avenue, and would also result in a tall boundary wall in very close proximity to the back edge of the public footway. The loss of this open area coupled with the siting of the wall so close to the footway would be harmful to the appearance of Silver Birch Avenue. The proposed development would therefore be contrary to Policy CS17 of the adopted Fareham Borough Core Strategy.

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

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

(Voting: 7 in favour; 0 against; 1 abstention)

RESOLVED that PLANNING PERMISSION be granted.

The Committee’s attention was drawn to the Update Report which contained the following information:- Additional Third Party Comments:

Two additional third party comments have been received. No further comments raised.

Upon being proposed and seconded, the officer recommendation subject to the conditions in the report, was voted on and CARRIED.

(Voting: 7 in favour; 0 against; 1 abstention)

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

Councillor J E Butts declared a Personal Non-Pecuniary Interest in this item as he holds a private pilot’s licence and occasionally flies from the Daedalus Site. He remained in the room for the discussion of this item and took part in the 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:- REPRESENTATIONS:

One further representation has been received since the publication of the main agenda. A letter of support has been received from Solent Microlights based at Daedalus. The support is with the proviso that it does not comprise the provision of a grass strip runway for occasional cross wind operations.

RECOMMENDATION:

PERMISSION subject to conditions as follows:

01 The development shall commence before the expiry of three years from the date of this decision notice.

REASON: To comply with Section 91 of the Town and Country Planning Act 1990.

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

- DS08700AA100ASPT Issue 2, Sheet 2 of 5 (East and South Elevations)

- DS08700AA100ASPT Issue 2, Sheet 3 of 5 (Site Plan and Block Plan)

- DS08700AA100ASPT Issue 2, Sheet 4 of 5 (Shadow Trace Study)

- DS08700AA100ASPT Issue 2, Sheet 5 of 5 (North and West Elevations)

- DS08700AA101ASPT Issue 1 (Site Location Plan)

- DS08700AA102ASPT Issue 2 (Access Gates and Fence)

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

03 No development shall take place until a Detailed UXO Threat Assessment has been undertaken in accordance with the Recommendation of the 1^st Line Defence Express Preliminary UXO Risk Assessment (reference OPNN3119). The detailed UXO Threat Assessment shall be submitted to and approved in writing by the Local Planning Authority. This assessment shall include any development specific measures or mitigation to be employed during the construction period in the event that UXO is present on site, all of which should be implemented in full and confirmed as completed in writing to Local Planning Authority before first transmission.

REASON: To ensure the safety of the site during construction and to ensure that the construction period does not have a detrimental impact upon the environment of future users of the site.

04 Should unidentified contamination be encountered during the works, construction should stop and the contamination investigated and an agreed scheme of remedial measures shall be submitted to and agreed in writing by the Local Planning Authority before work recommences. The remediation measures shall be fully implemented prior to the first use of the radar and confirmed as completed in writing to satisfaction of Local Planning Authority.

REASON: To ensure that the construction period does not have a detrimental impact upon the environment of future users of the site.

05 Prior to the first use of the radar hereby permitted the site access, gates and fencing as shown on drawing DS08700AA102ASPT Issue 2 in the area hatched black (to the south of the application site) on drawing DS08700AA101ASPT, Issue 1 “Site Location Plan” shall be provided and retained as such.

REASON: To ensure that the site can be accessed and will be secure in the interest of the operational airfield.

06 No development shall take place until a construction method statement has been submitted to and approved in writing by the Local Planning Authority. The method statement shall provide for:

- Details of the parking arrangement for site vehicles and contractors

- the management and coordination of deliveries of plant and materials and the disposing of waste resulting from construction activities so as to avoid undue interference with the operation of the public highway, particularly during the Monday to Friday AM peak (08:00 to 09:00) and PM peak (16:30 to 18:00) periods.

- areas for loading and unloading;

- areas for the storage of plant and materials;

- security hoarding position and any public viewing platforms (if necessary);

- site office location;

- construction

A further verbal update was provided by the Head of Development Management in respect of proposed Condition 3. The Head of Development Management explained that discussions were still ongoing between Planning Officers and the applicants over the precise wording of this condition. Should Member resolve to grant planning permission, the Head of Development Management requested that that authority be delegated to him to agree the detailed wording of proposed Condition 3 with the applicant.

Upon being proposed and seconded the officer recommendation to grant planning permission, subject to the conditions in the Update Report, and the detailed wording of Condition 3 being agreed between Officers and the applicants, was voted on and CARRIED.

(Voting: 8 in favour; 0 against)

RESOLVED that, subject to the conditions in the Update Report, 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: 7 in favour; 1 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’s attention was drawn to the Update Report which contained the following information: - An additional 3 objections have been received. No additional issues have been raised.

The Committee was informed that Condition 5, set out in page 64 of the report, is no longer required as the information has been provided.

Upon being proposed and seconded the officer recommendation to grant planning permission, subject to the conditions in the report but excluding Condition 5, was voted on and CARRIED.

(Voting: 7 in favour; 1 against)

RESOLVED that, subject to the conditions in the report but excluding condition 5, 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.