Agenda and minutes

An apologise for absence was received from Councillor F Birkett.

To confirm as a correct record the minutes of the Planning Committee meeting held on 15 July 2020.

RESOLVED that the minutes of the Planning Committee meeting held on 15 July 2020 be confirmed and signed as a correct record.

The Chairman used the Chairman’s announcements to inform the Committee how he intended to run the Virtual Planning Committee 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 Councillors declared the following interest on the items identified:-

Councillors N J Walker, I Bastable, T M Cartwright, K D Evans, L Keeble and M J Ford declared a Personal Interest in item 6 (1) – Egmont Nurseries, Brook Avenue, as the applicant is known to them.

Councillor R H Price also declared a Personal Interest in item 6 (1) – Egmont Nurseries, Brook Avenue, as one of the deputees 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 Regeneration on development control matters, including information regarding new planning appeals and decisions.

The Committee noted a report by the Director of Planning and Regeneration on development control matters, including information regarding new appeals and decisions.

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

Councillors N J Walker, I Bastable, T M Cartwright, K D Evans, L Keeble and M J Ford declared a Personal Interest in this item, as the applicant is known to them.

Councillor R H Price also declared a Personal Interest in this item, as one of the deputees is known to him.

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

(i)            Delegation to the Head of Development Management in consultation with the Solicitor to the Council for the prior completion of a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990 to secure:

(a)  A financial contribution to secure satisfactory mitigation of the ‘in combination’ effects that the increase in residential units on the site would cause through increased recreational disturbance on the Solent Coastal Special Protection Areas;

(b)  A financial contribution towards the off-site provision of affordable housing in accordance with Core Strategy Policy CS18;

(c)  The creation and retention of wetlands on the site prior to occupation of any dwelling;

(d)  The creation of a management company to monitor and manage the communal areas of the development including the wetlands for the lifetime of the development;

(e)  Mechanism for securing appropriate funding of the management company for the lifetime of the development.

(f)   Mechanism for ensuring collection and enforcement of the residents’ service charge to fund the monitoring and management of the communal areas of the development including the wetlands for the lifetime of the development;

(g)  Suitable monitoring arrangements for the wetlands for the lifetime of the development, to include:

-       Monitoring of wetlands to be undertaken by a qualified drainage specialist

-       Monthly monitoring of the reedbeds for the first 2 years then every 6 months thereafter inspection of wetlands within a week in the event of unforeseen circumstances and remedial measures where required within a fixed period of such measures being approved by the appropriate body/ies

-       Protocol for reporting results of the monitoring including payment of the costs of FBC and NE involved in reviewing the monitoring reports

-       Trigger levels for the implementation of remedial measures, such measures to be implemented by a qualified contractor and inspected by the qualified drainage specialist.

(h)  Obligations on owners of individual houses to report misconnections or other issues with the wetlands;

(i)    Details for the long-term maintenance arrangements for the surface water drainage system including, but not limited to,

-       Maintenance schedules for each drainage feature type and ownership; and

-       Details of protection measures;

(ii)          Delegation to the Head of Development Management to make any necessary modification or addition to the proposed heads of terms and/or conditions; and

(iii)         The conditions in the report

Was voted on and CARRIED.

(Voting: 7 in favour; 2 against).

RESOLVED that, subject to:-

(i)    Delegation to the Head of Development Management in consultation with the Solicitor to the Council for the prior completion of a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990 to secure:

(a)  A financial contribution to secure satisfactory mitigation of the ‘in combination’ effects that the increase in residential units on the site would cause through increased recreational disturbance on the Solent Coastal Special Protection Areas;

(b)  A financial contribution towards the off-site provision of affordable housing in accordance with Core Strategy Policy CS18;

(c)  The creation and retention of wetlands on the site prior to occupation of any dwelling;

(d)  The creation of a management company to monitor and manage the communal areas of the development including the wetlands for the lifetime of the development;

(e)  Mechanism for securing appropriate funding of the management company for the lifetime of the development;

(f)   Mechanism for ensuring collection and enforcement of the residents’ service charge to fund the monitoring and management of the communal areas of the development including the wetlands for the lifetime of the development;

(g)  Suitable monitoring arrangements for the wetlands for the lifetime of the development, to include;

-       Monitoring of wetlands to be undertaken by a qualified drainage specialist

-       Monthly monitoring of the reedbeds for the first 2 years hen every 6 months thereafter inspection of wetlands within a week in the event of unforeseen circumstances and remedial measures where required within a fixed period of such measures being approved by the appropriate body/ies

-       Protocol for reporting results of the monitoring including payment of the cost of FBC and NE involved in reviewing the monitoring reports

-       Trigger levels for the implementation of remedial measures, such measures to be implemented by a quailed contractor and inspected by the qualified drainage specialist.

(h)  Obligations on owners of individual houses to report misconnections or other issues with the wetlands;

(i)    Payment of a commuted sum to be made available to the management company (or other third party) to cover any shortfall in payments from householders and so ensure the continued delivery of the management plans;

(j)    Details for the long-term maintenance arrangements for the surface water drainage system including, but not limited to;

-       Maintenance schedules for each drainage feature type and ownership; and

-       Details of protection measures;

(ii)  Delegation to the Head of Development Management to make any necessary modification or addition to the proposed heads of term and/or condition; and

(iii) 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:-

(i)            Completion of a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990 to secure;

(a)  the retention of on-site nitrates mitigation, in the form of the areas of open space, in perpetuity;

(b)  the payment of the appropriate Habitat Mitigation Contribution in accordance with the Solent Recreational Mitigation Strategy; and

(ii)          The conditions in the report

was voted on and CARRIED.

(Voting: 9 in favour; 0 against)

RESOLVED that, subject to:-

(i)            Completion of a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990 to secure;

(a)  the retention of on-site nitrates mitigation, in the form of the areas of open space, in perpetuity;

(b)  the payment of the appropriate Habitat Mitigation Contribution in accordance with the Solent Recreational Mitigation Strategy; and

(ii)          The conditions in the report.

PLANNING PERMISSON be granted.

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

At the invitation of the Chairman, Councillor S Dugan addressed the Committee on this item.

A motion was proposed and seconded to accept the officer recommendation to grant planning permission, was voted on and declared LOST.

(Voting: 4 in favour; 5 against)

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

(Voting: 5 in favour; 4 against)

RESOLVED that PLANNING PERMISSION be REFUSED.

Reasons for Refusal:

1)    The proposed development is contrary to Polices DSP2 and DSP3 of the Local Plan Part 2: Development Sites and Policies Plan and is unacceptable in that:

i)             the use of the proposed balcony is likely to result in an unacceptable level of noise which would have a significant adverse impact upon adjoining properties. Furthermore, the use of the balcony would result in the unacceptable overlooking of and a resultant loss of privacy to the occupiers of the neighbouring properties.

The Committee noted the information in the report.