A MEETING OF THE REGULATORY BOARD
WAS HELD ON 4 NOVEMBER 2003
The Mayor (Councillor Mrs Binfield) (ex-officio), Chairman of the Policy and Organisation Board (Councillor Cully) (ex-officio), Councillor Allen (P), Mrs Angus (P), Clinton (P), Mrs Elshaw, Farr (P), Gill, M. Russell (P), Searle (P), Taylor (P) and Train (P).
(It was reported that in accordance with Standing Orders, Councillor's Francis and Edwards had been nominated to replace Councillor's Mrs Elshaw and Gill respectively for the meeting.)
115. APOLOGIES
Apologies for inability to attend the meeting were submitted on behalf of Councillors Mrs Elshaw and Gill.
116. MINUTES
RESOLVED: That the Minutes of the Regulatory Board held on 7 October 2003 be approved and signed by the Chairman as a true and correct record.
117. REVIEW OF DELEGATED PROCEDURE
It was reported that within the 6-month period there had been a total of 399 decisions made on planning applications of which 335 (84%) had been delegated to Officers.
Members were informed that in order to increase the number of delegated decisions, additional categories of application were proposed for inclusion within the Scheme. This would secure further improvements in performance likely to result in the Council consistently meeting the Government target of 90% delegation. It was confirmed that Members would still have the opportunity to request that any application be referred to the Regulatory Board for consideration if objections were received (where the recommendation was for permission) or letters of support received (where the recommendation was for refusal).
RESOLVED: That the proposals outlined in the report to further amend the Scheme of Delegation be recommended to the Policy and Organisation Board for adoption.
118. CONSULTATION BY PORTSMOUTH CITY COUNCIL IN RESPECT OF AN APPLICATION FOR APPROVAL OF RESERVED MATTERS (DESIGN, EXTERNAL APPEARANCE SITING AND LANDSCAPING) PURSUANT TO OUTLINE CONSENT A*36713/AC (PCC ref. A*36713/AD) AND AN APPLICATION FOR FULL PLANNING PERMISSION FOR NEW MORTUARY, PATHOLOGY AND REHABILITATION BUILDINGS (PCC ref. A*112277/BT)
QUEEN ALEXANDRA HOSPITAL, COSHAM, PORTSMOUTH
It was reported that Gosport Borough Council had raised an objection to the original outline application but that application A*36713/AD related only to the siting, design, external appearance and landscaping of the redevelopment proposed and had no further impact on Gosport residents. However, as application A*112277/BT was for the provision of facilities outside the outline application site, Members were informed these facilities must be regarded as additional floor space which was not included in the original traffic impact assessment for the redevelopment of the hospital. The parking provision for visitors in respect of the outline proposal was 100% of the requirement and as such there was no spare capacity. In view of the proposed closure of Haslar Hospital and the limited public transport links from Gosport lack of parking for visitors would have an adverse impact on Gosport residents.
In accordance with Standing Orders, Councillor Edgar was permitted to address the Board. Councillor Edgar made the following points:
· That he was representing the Save Haslar Task Force;
· That they acknowledge Queen Alexandra was in desperate need of redevelopment, but that the plans were of great concern;
· The traffic impact of the proposed re-development, was based on information three years out of date;
· That the Board should reiterate their original objections to the first proposal, and object to the second planning application on the grounds of traffic/transport impact.
RESOLVED: That –
i. No objection be raised in relation to planning application A*36713/AD, but that an observation be made that the traffic data used was out of date and needed to be revisited in order to properly assess the development; and
ii. Due to the above average growth in demand for health care in the region and population growth there was insufficient capacity and therefore traffic impact had grown considerably. The Green Travel Plan had failed to deliver alternative forms of transport for staff and visitors alike. The facilities to be provided are outside the boundary of the outline application site and must be regarded as additional to the 79,000 square metres of floor space already permitted. As such the traffic impact of the proposal had not been assessed and the parking, which equates to 100% of the requirement for the outline proposal, constitutes an under-provision for application A*11277/BT. In view of the limited public transport links between Gosport Borough and Queen Alexandra Hospital and the closure of Haslar Hospital any adverse impact on the road network and shortfall in parking provision was likely to have a disproportionate effect on Gosport residents.
119. K.16295 – OUTLINE APPLICATION – ERECTION OF SINGLE STOREY BUNGALOW (as amplified by letter dated 30.07.03)
LIGHT MACHINE REPAIRS, NORMAN ROAD, GOSPORT
Consideration was given to a report of the Regulatory Services Manager (a copy of which is attached to the Minute Book as Appendix "C"). The report outlined the circumstances of the resolution made by the Regulatory Board in September 2003 to grant outline planning permission for the development subject to a legal agreement under Section 106 of the Town and County Planning Act 1990.
Members were informed that the Section 106 Agreement had not yet been completed so planning permission had not yet been issued, however, some of the conditions of the recommendation to September's Regulatory Board were incorrectly coded and wrongly worded. It was therefore necessary to amend the wording of the conditions.
RESOLVED: That the amended schedule of conditions set out in the report be approved.
120. REPORTS OF THE REGULATORY SERVICES MANAGER
The Regulatory Services Manager submitted a report on applications received for planning consent setting out the recommendations in each case (a copy of which is attached in the Minute Book as Appendix "D").
RESOLVED: That decisions be taken on each application for planning consent as detailed below:
121. K.16401/1 – ERECTION OF BLOCK OF 69 SHELTERED FLATS, MANAGERS FLAT, COMMUNAL FACILITIES AND ASSOCIATED LANDSCAPING
38-42 MARINE PARADE EAST, LEE-ON-THE-SOLENT
In accordance with Standing Orders, Councillor Kimber was permitted to address the Board. Councillor Kimber made the following points:
· That in January 2003 the former owners of the site announced their intention to sell. This resulted in the closing of a hotel that had served Lee-on-the-Solent for 50 years, and the loss of 40 jobs;
· That Lee Councillors had received massive complaints about this, and that they had not been consulted and a petition that collected 4,300 signatures had been circulated stating this view.
In accordance with Standing Orders, Councillor Carter was permitted to address the Board. Councillor Carter made the following points:
· That he fully supported the recommendation to refuse this application;
· That despite letters and assurances from the applicants that this planning application was sympathetic, appropriate and of benefit to the residents of Lee, this was clearly not the case;
· The application was detrimental to the local residents, and out of all proportion with the neighbouring buildings;
· That 40% of the local residents were over 60 years old, and those over 75 were 3 times the national average. The applicant should consider these factors when designing their homes. It was time for them to apply common sense and diversify.
Members expressed concern that the applicant was not complying with the Gosport Borough Local Plan, and sought reassurance that full negotiations were still taking place between Officers and the applicant. Members were informed that negotiations had taken place with the agents to seek resolution of conflicts with planning policy and that no revisions or amendments had been received in respect of any of those identified matters. Concern was also raised by Members over the limited car parking provision on the proposed site, and were informed that in terms of the number of spaces indicated by the site layout there was not conflict with the Hampshire Parking Strategy and Standards document which indicated a maximum level of provision. Members also questioned the lack of alternative parking provisions for bicycles and mobility buggies and were informed that the Standards document expressed a minimum requirement for 1.5 cycle spaces per unit. Negotiation with the agent had suggested that such a requirement may be better addressed by increasing the buggy parking provision above the 2 spaces current provided within the scheme and making a lesser provision for cycles.
RESOLVED: That planning application K.16401/1 – 38-42 Marine Parade East, Lee-on-the-Solent be refused for the reasons set out in the report of the Regulatory Services Manager.
122. K.15900/1 – ERECTION OF 109 FLATS IN THREE BLOCKS,
RETAIL UNIT, ASSOCIATED ACCESS AND CAR PARKING (as
amended by plans received 10.10.03 and 14.10.03 and
information received 30.09.03, 13.09.03 and 14.10.03)
FORMER SCHAT-HARDING SITE, MUMBY ROAD, GOSPORT
Members were informed that a holding objection had been received from The Environment Agency on the grounds that the proposal was contrary to the spirit of the East Solent Shoreline Management Plan because the tower over-sailed the existing shore line. However the Agency accepted that the footprint was the same as the scheme already permitted on the site and as a matter of fact did not project beyond the limits of development. The Agency proposed the following two additional conditions, if the Council was minded to grant planning permission.
1. No structural piles of Block C shall be positioned forward of a line X-Y marked on drawing number 731-WC-01 submitted by the applicant as an amended application.
Reason: To allow maintenance access for plant and machinery to the beach area beneath Block C to comply with Policy BE1 of the Gosport Borough L ocal Plan.
2. The developer shall design a sloping revetment to be fixed to the ground at the base of the vertical wall on the eastern elevation of Block C to the satisfaction of the Local Planning Authority.
Reason: To prevent degradation of the existing beach by reflected wave energy from natural processes C to comply with Policy BE1 of the Gosport Borough L ocal Plan.
It was reported that the applicants were willing to accept these conditions.
Members were also advised that the County Education Officer did not require contributions as there was a sufficiency of school places in the area and that English Nature had confirmed the bat survey undertaken by the developer was satisfactory.
RESOLVED: That planning application K.15900/1 – Former Schat-Harding Site, Mumby Road, Gosport be approved subject to the developer entering into a planning obligation under Section 106 of the Town and County Planning Act 1990 to contribute by way of commuted sums for affordable housing, open space, off-site highway works, public transport improvements and the provision of a path for public access to the waterfront, subject to the additional conditions listed above, and subject to the conditions set out in the report of the Regulatory Services Manager.
123. K.16450 – DETAILS PURSUANT TO K.15000/1 – ERECTION OF
25no. DWELLINGS (PHASE 5c – PLOTS 416-440) (as amended
by plans received 05.09.03 and 17.10.03)
LAND EAST OF CHERQUE FARM, LEE-ON-THE-SOLENT
RESOLVED: That the detailed plans and particulars pursuant to additional Condition 01 (e, f and i)(in parts) of outline planning consent K.15000/1 – Land East of Cherque Farm, Lee-on-the-Solent and relating to this defined phase of the development only, be approved subject to the conditions set out in the report of the Regulatory Services Manager.
124. K.16465 – DETAILS PURSUANT TO K.15000/1 – ERECTION OF
6no. DWELLINGS (PART PHASE 5) – PLOTS 448-453) (as
amended by plans received 24.09.03 and 16.10.03)
LAND EAST OF CHERQUE FARM, LEE-ON-THE-SOLENT
RESOLVED: That the detailed plans and particulars pursuant to additional Condition 01 (e, f and i)(in parts) of outline planning consent K.15000/1 – Land East of Cherque Farm, Lee-on-the-Solent and relating to this defined phase of the development only, be approved subject to the conditions set out in the report of the Regulatory Services Manager.
125. K.16416 – DETAILS PURSUANT TO K.15500 – CONVERSION AND
ALTERATION OF EXISTING GRANARY/BAKERY BUILDING TO 44
FLATS, RETAIL OFFICE AND RESTAURANT USE AND REPAIRS AND
ALTERATIONS TO HYDRAULIC ENGINE HOUSE FOR A1/A2/A3/B1
USE (as amended by plans received 15.10.03 and information
received 15.10.03)
ROYAL CLARENCE YARD, WEEVIL LANE, GOSPORT
RESOLVED: That planning application K.16416 – Royal Clarence Yard, Weevil Lane, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager.
126. K.16416/1 – LISTED BUILDING APPLICATION – CONVERSION
AND ALTERATION OF EXISTING GRANARY/BAKERY BUILDING
TO 44 FLATS, RETAIL, OFFICE AND RESTAURANT USE AND
REPAIRS ALTERATIONS TO HYDRAULIC ENGINE HOUSE FOR
A1/A2/A3/B1 USE (as amended by plans received 15.10.03
and information received 15.10.03)
ROYAL CLARENCE YARD, WEEVIL LANE, GOSPORT
RESOLVED: That listed building application K.16416/1 – Royal Clarence Yard, Weevil Lane, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager.
127. K.16416/2 – ERECTION OF TEMPORARY SINGLE STOREY
STORE/SERVICES BUILDING (FOR USE WITH GRANARY AND
BAKERY) (CONSERVATION AREA) (as amplified by
information received 15.10.03)
ROYAL CLARENCE YARD, WEEVIL LANE, GOSPORT
RESOLVED: That planning application K.16416/2 – Royal Clarence Yard, Weevil Lane, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager.
128. K.15650/5 – ERECTION OF 2no. BUILDINGS (12 UNITS) FOR
MIXED EMPLOYMENT USES (CLASSES B1, B2 AND B8) WITH
ASSOCIATED PARKING AND ACCESS ROAD (SITE B) (REAR OF
76-92 FAREHAM ROAD) (as amended by plan received
14.08.03)
LAND ADJOINING (FRATER GATE), FAREHAM ROAD, GOSPORT
RESOLVED: That the detailed plans and particulars pursuant to additional Condition 01 (in part) of outline planning consent K.15650/2 – Land Adjoining (Frater Gate), Fareham Road, Gosport and relating to this defined phase of the development only be approved subject to the conditions set out in the report of the Regulatory Services Manager.
129. K.15660/8 – SUB-DIVISION OF EXISTING PENTHOUSE APPARTMENTS (BLOCKS Q AND V) TO FORM 2 EXTRA FLATS (AMENDED SCHEME TO K.15660/5) (CONSERVATION AREA) (as amended by letter dated 21.10.03)
ST GEORGE BARRACKS (SOUTH), MUMBY ROAD, GOSPORT
RESOLVED: That planning application K.15660/8 – St George Barracks (South), Mumby Road, Gosport be approved subject to the developer entering into a planning obligation under Section 106 of the Town and County Planning Act 1990 as approved by the Council relating to the payment of a commuted sum towards the provision and/or improvement of outdoor playing space, and subject to the conditions set out in the report of the Regulatory Services Manager.
130. K.10823/4 – OUTLINE APPLICATION – ERECTION OF TWO
BEDROOM BUNGALOW (as amplified by letter dated
16.10.03)
LAND ADJOINING 35 ROWNER ROAD, GOSPORT
RESOLVED: That outline application K.10823/4 – Land Adjoining 35 Rowner Road, Gosport be approved subject to the developer entering into a planning obligation under Section 106 of the Town and County Planning Act 1990 as approved by the Council relating to the payment of a commuted sum towards the provision and/or improvement of outdoor playing space, and subject to the conditions set out in the report of the Regulatory Services Manager.
131. K.16200/1 – DETAILS PURSUANT TO K.16200 – ERECTION OF DETACHED BUNGALOW (as amended by letter dated 14.10.03 and plans received 24.10.03)
LAND AT REAR OF 14 GROVE ROAD, GOSPORT
RESOLVED: That planning application K.16200/1 – Land at rear of 14 Grove Road, Gosport be approved subject to the developer entering into a planning obligation under Section 106 of the Town and County Planning Act 1990 as approved by the Council relating to the payment of a commuted sum towards the provision and/or improvement of outdoor playing space, and subject to the conditions set out in the report of the Regulatory Services Manager.
132. K.6620/4 – COUNTY CONSULTATION – REGULATION 3 –
ADDITIONS TO EXISTING SCHOOL BUILDING TO INCLUDE
A NEW RECEPTION FOYER AREA, ONE NEW CLASSROOM,
AN EXTENSION TO THE EXISTING LIBRARY AND THE
PROVISION OF 6 NEW CAR PARKING SPACES
LEE-ON-THE-SOLENT JUNIOR SCHOOL, SALISBURY TERRACE, LEE-ON-THE-SOLENT
RESOLVED: That no objection be raised to County Consultation K.6620/4 – Lee-on-the-Solent Junior School, Salisbury Terrace, Lee-on-the-Solent.
133. K.7403/1 – COUNTY CONSULTATION – REGULATION 3 –
ADDITIONS TO EXISTING SCHOOL BUILDING TO INCLUDE
A NEW NURSERY AND MUSIC ROOM AND NEW OUTDOOR
PLAY SPACE FOR NURSERY
LEE-ON-THE-SOLENT INFANT SCHOOL, ELMORE ROAD, LEE-ON-THE-SOLENT
RESOLVED: That no objection be raised to County Consultation K.7403/1 – Lee-on-the-Solent Infant School, Elmore Road, Lee-on-the-Solent.
134. K.16455 – SITING OF BUILDINGS FOR USE AS TEMPORARY
HEALTH CENTRE FACILITY AND ASSOCIATED WORKS (as
amended by plan received 22.09.03)
LAND AT JUNCTION OF ROWNER LANE AND GRANGE LANE, GOSPORT
RESOLVED: That planning application K.16455 – Land at junction of Rowner Lane and Grange Lane, Gosport be approved for a limited period only expiring on the 31 October 2005 and subject to the conditions set out in the report of the Regulatory Services Manager.
135. K.5268/3 – REGULATION 3 – ERECTION OF REPLACEMENT
SINGLE STOREY PUBLIC CONVENIENCE BUILDING
(OPPOSITE JUNCTION WITH MILVIL ROAD) (AMENDED
SCHEME)
CENTRAL CAR PARK, MARINE PARADE WEST, LEE-ON-THE-SOLENT
RESOLVED: That planning application K.5268/3 – Central Car Park, Marine Parade West, Lee-on-the-Solent be approved subject to the conditions set out in the report of the Regulatory Services Manager.
136. K.8816/10 – REGULATION 3 – ERECTION OF SECURITY
FENCING (THREE STRAND BARBED WIRE) TO TOP OF
EXISTING CLOSE BOARDED PERIMETER FENCING TO
FOOTBALL GROUND ENCLOSURE
PRIVETT PARK, PRIVETT ROAD, GOSPORT
RESOLVED: That planning application K.8816/10 – Privett Park, Privett Road, Gosport be deferred pending further negotiations.
137. K.16447 – REGULATION 3 – CONSTRUCTION OF PATHWAY
(1.3KM) FOR PEDESTRIAN, CYCLE AND WHEELCHAIR
ACCESS AND BOARDWALK (35M) (as amended by letter
dated 02.10.03 and plans received 03.10.03)
ALVER VALLEY, SANDHILL LANE, LEE-ON-THE-SOLENT
RESOLVED: That planning application K.16447 – Alver Valley, Sandhill Lane, Lee-on-the-Solent be approved subject to the conditions set out in the report of the Regulatory Services Manager.
138. K.15833/8 – VARIATION OF CONDITIONS (K.15833/6
CONDITION 03 AND K.A1338 CONDITION 01) TO PERMIT
SIGN ILLUMINATION OF THE NORTH, EAST AND WEST
ELEVATIONS UNTIL 22.00 HOURS (TRADE CENTRE)
LAND ADJACENT FORT BROCKHURST, HERITAGE WAY, GOSPORT
RESOLVED: That planning application K.15833/8 – Land adjacent Fort Brockhurst, Heritage Way, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager.
139. MEMBER'S REPORT
Note: Councillor Francis declared a prejudicial interest in this item, left the room and did not take part in the discussion or voting thereon.
3.3 The cost of the survey cannot be met from existing resources and may require additional funding.
Members were informed that Councillor Redrup had requested the Board consider the issue of demand for taxis in the area when considering applications for Hackney Carriage Licences. It was reported that a survey of demand had been conducted in November 2002, which showed no significant unmet demand at that time. It was felt, however, that to address the issues in the request accurately, up to date evidence was needed. It was therefore proposed that a survey of demand for taxi services in the Gosport area be undertaken.
In accordance with Standing Orders, Councillor Redrup was permitted to address the Board. Councillor Redrup made the following points:
· An article in The News last week showed that compared to other Authorities in Hampshire, Gosport had the lowest number of taxis;
· There have been occasions when it has been impossible to get taxis in Gosport, and he has had to resort to phoning for a Fareham taxi to get home;
· The last Survey of Demand that took place in November 2002 was well-publicised, whereas it should be done covertly;
· The recommendation to the report should finish with "with a view to deregulation".
Members echoed the concerns of Councillor Redrup that the last survey conducted had not been accurate. It was also suggested that deregulation of taxis should be proposed. This would enable the current problems experienced by local residents to be dissipated. Members were informed that the report had not mention 'deregulation' in the recommendation to maintain the reports non-bias nature. It was also reported that the tests currently undertaken by Gosport Taxi Drivers were in place to ensure a high standards of service to Gosport residents. Members were informed that in order for a full survey to be conducted by a professional company, approximately £10,000 would need to be identified within the budget.
The Regulatory Services Manager informed the Board that a report was expected shortly from the Office of Fair Trading, in which it was anticipated that the deregulation of taxis would be recommended.
It was proposed, and seconded that the matter be deferred until mid-January 2004 by which time the report from the Office of Fair Trading would have released its report recommending deregulation of taxis. In the occurrence of the report not being released, a Survey of Demand would then be undertaken.
RESOLVED: That the survey is to be delayed until mid-January 2004 and is only to be undertaken in the event that the Office of Fair Trade shall not have ruled that regulation of taxi numbers is an anti-competitive practice.
140. ANY OTHER BUSINESS
Officers updated Members on two appeals that had gone to the Magistrates Court. Members were informed that Mr Pepall had not been successful in his appeal against the Board's decision to not grant him a licence. It was also reported that Mr Wilson had successfully appealed against the Board's decision not to grant him a licence.
Members were also informed of a Training Seminar that would take place at 4pm, 20 January 2004, prior to the January Regulatory Board meeting.
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