Agenda and minutes

There were no apologies of absence made at this meeting. However Councillor Mrs C L A Hockley was in attendance at this meeting as a deputy due to the loss of Councillor K D Evans.

To confirm as a correct record the minutes of the Planning Committee meeting held on 16 December 2020.

RESOLVED that the minutes of the Planning Committee held on 16 December 2020 be confirmed and signed as a correct record.

The Chairman made the following announcements: -

He started his announcement by paying tribute to Councillor Keith Evans who sadly passed away in December, the Committee agreed that his loss would be greatly felt and that everyone would miss his wisdom, sense of humor and friendship.

He then went on to make the following statement:

“Members will recall that at the last Planning Committee meeting I provided an update on a judicial review claim which had been brought by Save Warsash and the Western Wards against the Council’s decision to grant planning permission for six detached dwelling houses on land adjoining 79 Greenaway Lane (planning reference P/18/0884/FP).

At that meeting I advised Members that an order by the High Court was made on 7 December 2020 refusing permission to bring the judicial review claim on all 8 grounds.

I also advised Members that the claimant, Save Warsash and the Western Wards, had the option to ask the Court to reconsider their claim at a hearing, on any or all of the 8 grounds of challenge. I can confirm that the claimant has now asked the court to reconsider whether to grant permission to bring the claim at a hearing, which will take place on 4 February 2021.

Members will also be aware that a second claim for judicial review has been brought against the Council’s decision to grant planning permission for eight detached dwelling houses at Egmont Nurseries in Brook Avenue (planning reference P/18/0592/OA).

In this claim, there were also eight grounds of challenge; of those eight grounds, four were similar to those pursued in the judicial review claim at Greenaway Lane. The court has granted the claimant, Brook Avenue Residents Against Development, permission to proceed on all 8 grounds of challenge and the matter will go on to be considered at a substantive hearing. A date for this hearing has not yet been set.”

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.

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 regarding new appeals and decisions.

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

Eight further representations have been received (five supporting and three objecting) since the Planning Committee agenda was published. The comments raised no further material planning considerations other than those already included in the Officer report.

Condition 1 has been removed from the report.

The wording of Condition 2 (previously Condition 3) under part 9.1 of the report has been amended to the following:

Occupation of the caravans shall only be between 7^th January 2021 and 1^st March 2021 and between 1^st March in any years and 7^th January in the succeeding year inclusive of those dates.

REASON: In order to prevent the establishment of a permanent residential accommodation on this site within the countryside in an unsustainable location; in order to prevent the change of character of this building as a seasonal/holiday caravan which would likely lead to the similar loss of further caravans from their intended use and the eventual erosion of the character of the Solent Breezes site as a whole.

(During the presentation on this item Councillor Price lost his connection to the meeting. As he was not present for part of the presentation and for part of the debate on this item, he was unable to vote on this application.)

Upon being proposed and seconded the officer recommendation to grant planning permission, 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 conditions in the report and update 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: -

Amended Planting and Landscaping Plan received.

Amended proposed condition 2

h) Landscaping & Planting Plan – drwg No. 202 Rev B

(Councillor Price lost connection to the meeting during this item and was unable to take part in the vote on this application)

Upon being proposed and seconded the officer recommendation to grant planning permission, 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 conditions in the report and update report, PLANNING PERMISSION be granted.

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

The Committee requested that Officers liaise with the Building Control Partnership to ensure that the proposed cladding is made of a fire-retardant material and has the approval of the Fire Authority.

Upon being proposed and seconded the officer recommendation to approve the details pursuant to Conditions 3, 4, 5 and 7 of P/20/0055/FP, was voted on and CARRIED.

(Voting: 9 in favour; 0 against)

RESOLVED that details pursuant to Conditions 3, 4, 5 and 7 of P/20/0055/FP be APPROVED.

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

The Planning Officer provided the Committee with a verbal update, informing them that since the publication of the report a further objection had been received in respect of this application, but confirmed that it did not raise any new objections to the application.

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

(Voting: 9 in favour; 0 against)

RESOLVED that PLANNING PERMISSION be REFUSED.

Reasons for Refusal

The proposed development would be contrary to the policies set out within the National Planning Policy Framework 2019, in particular paragraphs 193, 194, 196 and 197, and to policies CS4, CS6 and CS17 of the Fareham Borough Core Strategy, and policies DSP2, DSP3, DSP5 and DSP13 of the Fareham Borough Local Plan Part 2: Development Sites and Policies, and is otherwise unacceptable in that:

(i)             By reason of the form of layout, the bulk and massing of the proposed building, which fails to respond positively to and be respectful of the key characteristics of the area, including heritage assets, scale, form, spaciousness ad use of external materials, the loss of gardens associated with the listed building and the close relationship with that building, the development would be harmful to the setting of this important Grade II* Listed Building. No overriding public benefits have been identified which outweigh the harm caused by the development;

(ii)            The development would result in increased urbanisation and disturbance to the tranquil setting of the gardens which is designated as an important non-statutory historic park and garden, harmful to the character of the gardens and the important historic value their undeveloped appearance makes to preserving the setting of Bishopwood;

(iii)          In the absence of a legal agreement to secure such, the proposal fails to appropriately secure mitigation to the likely adverse effects on the integrity of European Protected sites which, in combination with other development, would arise due to the additional generation of nutrients entering the water environment;

(iv)          In the absence of a legal agreement to secure the implementation of the full Travel Plan, the proposed development would not make the necessary provision to ensure measures are in place to assist in reducing the dependency on the use of the private motorcar.

Informative:

a)    This decision relates to the following plans:

i)               Location Plan (Drawing 2785-HIA-01-ZZ-DR-A-0101 Rev. P20);

ii)              Proposed Site Plan (Drawing: 2785-HIA-XX-XX-DR-A-1020 Rev. P13);

iii)            Proposed Ground Floor Plan (Drawing: 2785-HIA-02-00-DR-A-0201 Rev 5);

iv)            Proposed First Floor Plan (Drawing: 2785-HIA-02-01-DR-A-0210 Rev 6);

v)             Proposed Second Floor Plan (Drawing: 2785-HIA-02-020-DR-A-0220 Rev 5);

vi)            Proposed Elevations Sheet 1 of 3 (Drawing: 2785-HIA-02-XX-DR-A-0310 Rev 5);

vii)           Proposed Elevations Sheet 2 of 3 (Drawing: 2785-HIA-02-XX-DR-A-0302 Rev 7);

viii)         Proposed Elevations Sheet 3 of 3 (Drawing: 2785-HIA-02-XX-DR-A-0303 Rev 6);

ix)            Proposed Roof Plan (Drawing: 2785-HIA-02-03-DR-A-0230 Rev 5);

x)             Landscape Proposals (Drawing: 102L); and,

xi)            External Services Layout (Drawing: ME-600 Rev P2).

Notes for Information

Had it not been for the overriding reasons for refusal to the proposal, the Local Planning Authority would have sought to address point (iv) above by inviting the applicant to enter into a legal agreement with Fareham Borough Council under Section 106 of the Town and Country Planning Act 1990 (as amended).

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

(Voting: 9 in favour; 0 against)

RESOLVED that PLANNING PERMISSION be granted.

Upon being proposed and seconded the officer recommendation to grant planning permission, subject to the conditions in the report and condition 3 being amended to include the servicing and maintenance of the current installed air conditioning unit, was voted on and CARRIED.

(Voting: 9 in favour; 0 against)

RESOLVED that, subject to the conditions in the report and the amendment to Condition 3 to include the servicing and maintenance of the current installed air conditioning unit, PLANNNG PERMISSION was granted.

The Committee noted the information in the report.

The Update Report was circulated prior to the meeting and was considered along with the relevant agenda item.