Agenda and draft minutes

There were no apologies of absence.

To confirm as a correct record the minutes of the Planning Committee meeting held on 12 June 2024.

RESOLVED that the minutes of the Planning Committee meeting held on 12 June 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.

In accordance with Standing Orders and the Council’s Code of Conduct Councillor Miss J Burton declared a Personal Interest in item 6 (4) – Newlands Farm, Stroud Green Lane in that TS Tyres are known to her.

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.

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 to the satisfaction of the Solicitor to the Council to secure:

a)    The delivery of 40% of the permitted dwellings as a mixture of 2 on-site affordable houses and an off-site financial contribution equivalent to 1.6 units.

b)    A financial contribution towards improvements to the Hampshire and Isle of Wight Wildlife Trust Pylon Field Mitigation Scheme as compensation towards the loss of Low Use Solent Waders and Brent Goose site.

c)     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 Special Protection Area, and New Forest Special Protection Area.

d)    To secure the delivery of publicly accessible open space and provision of footpaths links through the open space between Ranvilles Lane and Titchfield Road, including details of and responsibilities for the on-going management and maintenance.

(ii)             GRANT planning permission, subject to: -

a)    The conditions in the report; and

b)    The amendment to condition 1 to read “The development hereby permitted shall begin within 18 months from the date of this decision.

THEN

(iii)           DELEGATE authority 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 terms as drafted to ensure consistency between the two sets of provisions.

Was voted on and CARRIED.

(Voting: 8 in favour; 1 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 to the satisfaction of the Solicitor to the Council to secure:

a)    The delivery of 40% of the permitted dwellings as a mixture of 2 on-site affordable houses and an off-site financial contribution equivalent to 1.6 units.

b)    A financial contribution towards improvements to the Hampshire and Isle of Wight Wildlife Trust Pylon Field Mitigation Scheme as compensation towards the loss of Low Use Solent Waders and Brent Goose site.

c)     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 Special Protection Area, and New Forest Special Protection Area.

d)    To secure the delivery of publicly accessible open space and provision of footpaths links through the open space between Ranvilles Lane and Titchfield Road, including details of and responsibilities for the on-going management and maintenance.

(ii)             PLANNING PERMISSION be granted, subject to: -

a)    The conditions in the report; and

b)    The amendment to condition 1 to read “The development hereby permitted shall begin within 18 months from the date of this decision.

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 terms as drafted to ensure consistency between the two sets of provisions.

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

The following matter was not included within the considerations within the Committee Report:

‘Within the application, the section on Trees and Hedges, question one, has been marked as ‘No’. The semi-mature Hawthorn tree, directly to the front of the house, is of a size and location to fall within the remit of BS 5837:2012 (Trees in relation to design, demolition and construction) and as such a full survey and report should have been submitted at the time of application. Although the tree is not significant in its own rights, it is part of the original estates planting and contributed to the roads tree lined appeal.’

Officers have considered the concern raised and whilst the tree is a nice feature within the street scene, it is modest in size, unprotected tree and could be removed at any time without consent. The proposal does not include any ground works to be carried out close to the tree, which is already bounded by timber sleepers with the remainder of the front garden covered in slate chippings. Taking the above into account, it would be unreasonable and unnecessary to require a tree protection plan/condition in this case.

Upon being proposed and seconded the officer recommendation: -

(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.

Upon being proposed and seconded the officer recommendation to delegate to the Head of Planning in consultation with the Solicitor to the Council to complete a deed of variation to the existing Section 106 legal agreement dated 16^th May 2022 to: update the mortgagee exclusion clause to reflect the National Housing Federation requirements, was voted on and CARRIED.

(Voting: 9 in favour; 0 against)

RESOLVED that delegation to the Head of Planning in consultation with the Solicitor to the Council to complete a deed of variation to the existing Section 106 legal agreement dated 16^th May 2022 to: update the mortgagee exclusion clause to reflect the National Housing Federation requirements be APPROVED.

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

Councillor Miss J Burton declared a personal interest in this item as TS Tyres are known to her.

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

Paragraph 8.44 of the officer report has been included in error and should be removed.

Upon being proposed and seconded the officer recommendation: -

(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: 8 in favour; 1 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 received the deputations referred to in Minute 5 above.

Upon being proposed and seconded the officer recommendation: -

(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 received the deputation referred to in Minute 5 above.

Upon being proposed and seconded the officer recommendation to grant consent to fell one oak tree protected by TPO 653, subject to the condition of a replacement tree – size and species to be agreed, was voted on and CARRIED.

(Voting: 8 in favour; 1 against)

RESOLVED that, subject to a replacement tree – size and species to be agreed, CONSENT be granted to fell one Oak Tree protected by TPO 653.

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: -

Nine further letters of objection have been received from 8 different households, all of which had previously submitted comments. No new material planning considerations have been raised.

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 delegate to the Head of Planning in consultation with the Solicitor to the Council to complete a deed of variation to the existing Section 106 legal agreement dated 20^th August 2021 to vary the terms of Schedule Two to allow for the phased payment of the affordable housing contribution, was voted on and CARRIED.

(Voting: 9 in favour; 0 against)

RESOLVED that members APPROVE the delegation to the Head of Planning in consultation with the Solicitor to the Council to complete a deed of variation to the existing Section 106 legal agreement dated 20^th August 2021 to vary the terms of Schedule Two to allow for the phased payment of the affordable housing contribution.

The Committee noted the information in the report.

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