Agenda and draft minutes

Apologies for absence were received from Councillor S Ingram and Councillor K W Wiltshire.

To confirm as a correct record the minutes of the Planning Committee meeting held on 22 May 2024.

RESOLVED that the minutes of the Planning Committee meeting held on 22 May 2024 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.

There were no declarations of interest made at this meeting.

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.

The Committee noted the content of the written deputation that had been published on the Council’s website prior to the meeting.

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 the development control matters, including information on new planning appeals and decisions.

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 error in the affordable housing calculation has been identified that 40% of 19 dwellings s 7.6 dwellings (not 7.2 dwellings). This has no impact on the on-site provision, but the financial contribution required to be secured by the Section 106 legal agreement as set out in paragraph 8.47, and 9.1(d) should state 0.6 of a unit to be secured.

In respect of Condition 18 (regarding nitrate mitigation) which includes provision for a deed of variation as the applicant failed to secure sufficient credits from the original allocation agreement. Whilst the applicant has confirmed the additional credits have been secured, we are still awaiting receipt of the deed of variation, the date of which will be added into the condition once received. No decision will be issued until this has been received.

Upon being proposed and seconded, the officer recommendation: -

(i)            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.    Financial contributions to provide for 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 and Dorset Coast and New Forest Special Protection Areas;

b.    Securing off-site translocation of reptiles and contribution towards Hook with Warsash Local Nature Reserve;

c.    Financial contribution towards amendments to a Traffic Regulation Order for parking restrictions along Rookery Avenue and the Access Road (prior to commencement), and highway improvement works along the Site Access Road and to create a footway along Rookery Avenue (prior to occupation);

d.    The delivery of 40% of the permitted dwellings on the site as a mixture of 7 affordable houses comprising 3x1-bed, 2x2-bed and an off-site financial contribution equivalent to 0.6 of a unit.

(ii)          GRANT planning permission, subject to the conditions in the report and update report.

Then

(iii)         DELEGATE authority to the Head of Planning to:

(a)  Make any necessary modification, deletion or additions to the proposed conditions of heads of term for the section 106 legal agreement; and

(b)  Make any necessary changes arising out of detailed negotiations with the applicant which may necessitate the variation, addition or deletion of the conditions and heads of term and drafted to ensure consistency between the two sets of provisions.

Was voted on and CARRIED.

(Voting: 9 in favour; 0 against)

RESOLVED that: -

(i)            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.    Financial contributions to provide for 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 and Southampton Water, Portsmouth Harbour, Solent and Dorset Coast and New Forest Special Protection Areas;

b.    Securing off-site translocation of reptiles and contribution towards Hook with Warsash Local Nature Reserve;

c.    Financial contribution towards amendments to a Traffic Regulation Order for parking restrictions along Rookery Avenue and the Access Road (prior to commencement), and highway improvements along the Site Access Road and to create a footway along Rookery Avenue (prior to occupation);

d.    The delivery of 40% of the permitted dwellings on the site as a mixture of 7 affordable houses comprising 3x1-bed, 2x2-bed and 2x3-bed and an off-site financial contribution equivalent to 0.6 of a unit.

(ii)          PLANNING PERMISSION be granted, subject to the conditions in the report and the update report.

Then

(iii)         AUTHORITY BE DELEGATED to the Head of Planning to:

(a)  Make any necessary modification, deletion or additions to the proposed conditions or heads of terms for the section 106 legal agreement; and

(b)  Make any necessary changes arising out of detailed negotiations with the applicant which may necessitate the variation, addition or deletion of the conditions and heads of term as drafted to ensure consistency between the two sets of provisions.

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: -

Following the publication of the committee report, a further third party comment has been received from a neighbour that has previously submitted comments. They have reiterated their concerns regarding the length of the single storey rear extension, stating it would reduce light and appear overbearing.

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

(Voting: 8 in favour; 1 against)

RESOLVED that the application be REFUSED.

Reasons for Refusal:

The rear extension would be contrary to Policy D2 of the Fareham Local Plan 2037 in that a combination of its height, depth, bulk and proximity to the boundary would result in an overbearing impact upon the neighbouring property 4 Cherrygarth Road having an unacceptable adverse effect upon that property.

Upon being proposed and seconded the officer recommendation to: -

(i)             GRANT planning permission, subject to the conditions in the report,

Then

(ii)          DELEGATE authority to the Head of Planning to make any necessary modification, variation, deletion or addition to the proposed conditions.

Was voted on and CARRIED.

(Voting: 9 in favour; 0 against)

RESOLVED that; -

(i)            PLANNING PERMISSION be granted, subject to the conditions in the report.

Then

(ii)          AUTHORITY BE DELEGATED to the Head of Planning to make any necessary modification, variation, deletion or addition to the proposed conditions.

Upon being proposed and seconded, the officer recommendation to: -

(i)            GRANT planning permission, subject to the conditions in the report.

Then

(ii)          DELEGATE authority to the Head of Planning to make any necessary modification, deletion or addition to the proposed conditions.

Was voted on and CARRIED.

(Voting: 9 in favour; 0 against)

RESOLVED that: -

(i)            PLANNING PERMISSION be granted, subject to the conditions in the report.

Then

(II) AUTHORITY BE DELEGATED to the Head of Planning to make any necessary modification, deletion or addition to the proposed conditions.

The Committee noted the information in the report.

The Update Report was circulated prior to the meeting and considered alongside the relevant agenda items.