A MEETING OF THE REGULATORY BOARD
WAS HELD ON 20 MAY 2003
The Mayor (Councillor Mrs Binfield) (ex-officio), Chairman of the Policy and Organisation Board (Councillor Cully) (ex-officio), Councillors Mrs Angus (P), Carr (P), Clinton (P), Elshaw (P), Farr (P), Gill (P), Searle (P) Smith (P), Train (P) and Taylor (P)
3. MINUTES
RESOLVED: That the Minutes of the meetings of the Regulatory Board held on 8 April 2003 and 15 May 2003 be approved and signed by the Chairman as true and correct records.
4. DEPUTATIONS
It was reported that deputations had been received relating to planning applications K.16150 – Royal Clarence Yard, Weevil Lane, Gosport, K.11154/4 – 43 Marine Parade West, Lee-on-the-Solent and K.16224 – Land to Rear of 5 Anglesey Road, Gosport.
5. K.15452/2 – CONVERSION OF EXISTING BUILDING (365 FORTON ROAD) INTO 2no. FLATS AND ERECTION OF 5no. FLATS AND CAR PARKING (as amended by letter dated 10.06.02 and plans received 12.06.02)
361 – 365 FORTON ROAD, GOSPORT
Consideration was given to a report of the Regulatory Services Manager (a copy of which is attached in the Minute Book as Appendix "A"). Members were informed that there had been a letter received dated 04.04.03 and an amended plan received 04.04.03.
Members were informed that at the June 02 Regulatory Board meeting planning permission had been granted for this site subject to the signing of a Section 106 agreement. The report advised the Board of that work had commenced on the site before the document had been signed and that therefore the planning application would have to be amended to ensure that they are enforceable in the future.
RESOLVED: That the amended description and conditions, and revised drawings, be approved.
6. K.16150 – DETAILS PURSUANT TO K.1550 – ERECTION OF TWO BLOCKS OF 89no. FLATS RANGING FROM 3 TO 6 STOREYS IN HEIGHT (as amended by plans received 04.02.03 and information received 07.03.03, 13.03.03, 21.03.03, 08.04.03, 16.04.03, 30.04.03 and 07.05.03) (CONSERVATION AREA)
ROYAL CLARENCE YARD, WEEVIL LANE, GOSPORT
Consideration was given to a report of the Regulatory Services Manager (a copy of which is attached in the Minute Book as Appendix "Bi"). Members were advised by the Head of Legal Services that at present the entire development was technically unauthorised but officers were endeavouring to work with the developer to regularise the position but if that became impossible a further report would be made and authority sought for the appropriate action in due course. Counsel had also advised that it was proper to consider the reserved matters application despite concerns about the remainder of the development. The Head of Development Control explained the implications of Counsel's advice and circulated a recommendation and list of conditions (a copy of which is attached in the Minute Book as Appendix Bii).
Members expressed concern about the number of residential units now proposed and the boarding up of the cooperage. The Chairman reported that he had received a letter indicating that the marina was to be closed, which would disrupt commitments made to various marine events and also discourage businesses from committing to the scheme. Members felt that this would seriously affect the level of employment promised at the site and that it was not being developed as a multi-use site.
Mr Sheppard was permitted to address the Board on behalf of the applicants. Mr Sheppard made the following points:
· That Berkley Homes intended to develop the site for both residential and commercial use in tandem,
· That the quay wall was in serious need of repair and the marina was to be closed to facilitate this work and the landscaping of the waterfront. That only one company was at the site and had been consulted,
· That every effort would be made to fulfil commitments promised to events such as the Tall Ships,
· That the length of term for the plans was continually changing but that they were fully committed to providing a multi-use site.
RESOLVED: That the amended description and conditions, and revised drawings, be approved subject to the satisfactory completion of a Section 106 Agreement through which the developer agrees to complete the conversion of the North Meadow buildings to offices and workshops in accordance with the details, plans and conditions of Outline Consent K.15500 and any subsequent approval of details pursuant to that Consent and make them available for use before commencing any works to construct the buildings hereby permitted.
7. 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 "C").
RESOLVED: That decisions be taken on each application for planning consent as detailed below:
8. K.11154/4 – ERECTION OF SINGLE STOREY SIDE EXTENSION, BRICK BOUNDARY WALL (1.8 METRES HIGH), TIMBER GATE AND TIMBER SHED (as amended by plans received 23.04.03)
43 MARINE PARADE WEST, LEE-ON-THE-SOLENT
Members were informed that the objections received to the original drawings had been reconfirmed to the amended plans.
Mrs Bidewell was permitted to address the Board on behalf of the objectors. Mrs Bidewell made the following points:
- That the design of the flat was classic 1930 and the amended plans would not match,
- Considering the topical concern over the destruction of Lee seafront, this application should not be permitted as it would spoilt the character of the house and consequently the seafront,
- That there had been no consultation by the applicant on the planning application, and that the other leaseholders of the flats should be considered.
Mr Murphy was permitted to address the Board on behalf of the applicant. Mr Murphy made the following points:
· That Mrs Bidewell is the only objector,
· That due consultation did take place,
· That the corrected plans would maintain the building and seafront.
Consideration was given to the potential impact on the street scene that the application would have and it was proposed and seconded that a site visit should take place to clarify the matter.
RESOLVED: That planning application K.11154/4 – 43 Marine Parade West, Lee-on-the-Solent be deferred pending a site visit to be held prior to the next meeting of the Regulatory Board.
9. K.15966 – ERECTION OF 3no. THREE STOREY TOWN HOUSES
AND 2no. FLATS (as amplified by plans received 19.03.03
and amplified by letter dated 26.01.03)
26–30 BROADSANDS DRIVE, GOSPORT
Members expressed concern over the high level of objections that had been received to the planning application. They were informed that the objections mainly related to the loss of three local shops, but that these shops had been empty for several years. Reference was also made to specific objections to the scale and form of the development and the impact on residential amenity.
RESOLVED: That planning application K.15966 – 26-30 Broadsands Drive, Gosport be approved subject to the satisfactory completion of a Section 106 Agreement 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.
10. K.2164/7 – C.18/84 CONSULTATION – CHANGE OF USE
FROM SHOP (CLASS A1) TO JOB CENTRE (CLASS A2)
(CONSERVATION AREA) (as amplified by letter dated
30.04.03)
7 WALPOLE ROAD, GOSPORT
RESOLVED: That planning application K.2164/7 – 7 Walpole Road, Gosport be approved.
11. K.16224 – ERECTION OF SINGLE STOREY DETACHED DWELLING AND DOUBLE GARAGE (ACCESS FROM TESTCOMBE ROAD)
LAND TO REAR OF 5 ANGLESEY ROAD, GOSPORT
Members were informed that one letter of observation had been received in addition to the objections reported.
As Ward Councillor, Councillor Hayward was permitted to address the Board. Councillor Hayward made the following request:
· That as there was an issue regarding the width of the access to be provided, should a site visit be conducted to clarify the matter.
It was proposed and seconded that a site visit should take place to clarify the matter of access.
RESOLVED: That planning application K.16224 – Land to rear of 5 Anglesey Road, Gosport be deferred pending a site visit to be held prior to the next meeting of the Regulatory Board.
12. K.16290 – DETAILS PURSUANT TO K.15000/1 – ERECTION OF 32no. DWELLINGS (PHASE 4 – PLOTS 875-906)
LAND EAST OF CHERQUE FARM, LEE-ON-THE-SOLENT
RESOLVED: That planning application K.16290 – Land East of Cherque Farm, Lee-on-the-Solent be approved subject to the conditions set out in the report of the Regulatory Services Manager.
13. K.2985/8 – ERECTION OF THREE AND TWO STOREY BLOCK OF 8no. FLATS AND ASSOCIATED PARKING (CONSERVATION AREA) (as amplified by letter dated 08.04.03 and by plans received 08.04.03)
31 BURY ROAD, GOSPORT
RESOLVED: That planning application K.2985/8 – 31 Bury Road, Gosport be approved subject to the satisfactory completion of a Section 106 Agreement relating to the provision and/or improvement of outdoor playing space and subject to the conditions set out in the report of the Regulatory Services Manager.
14. K.2985/9 – CONSERVATION AREA APPLICATION –
DEMOLITION OF SINGLE STOREY BUILDING AND GARAGE
31 BURY ROAD, GOSPORT
RESOLVED: That conservation area consent K.2985/9 – 31 Bury Road, Gosport be granted subject to the conditions set out in the report of the Regulatory Services Manager.
15. K.15062 – ERECTION OF TEMPORARY 25M. HIGH MONOPOLE
TELECOMMUNICATIONS MAST WITH 3no. FOUR STACK
DI-POLE ANTENNAS, 600MM MICROWAVE DISH, ASSOCIATED
EQUIPMENT CABINS AND FENCED COMPOUND
SANDERSON EQUIPMENT CENTRE, LEES LANE, GOSPORT
Members were informed that the Temporary Consent would only last until 31.05.04.
RESOLVED: That planning application K.15062/2 – Sanderson Centre, Lees Lane, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager.
16. K.7191/5 – USE OF FORECOURT AREA FOR THE DISPLAY AND
SALE OF MOTOR VEHICLES (CONSERVATION AREA) (as
amended by letters dated 20.02.03, 04.03.03 and 14.04.03
and plans received 05.03.03)
ROWNER ROAD SERVICES STATION, ROWNER ROAD, GOSPORT
RESOLVED: That planning application K.7191/5 – Rowner Road Service Station, Rowner Road, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager.
17. K.5268/2 – REGULATION 3 – ERECTION OF REPLACEMENT SINGLE STOREY PUBLIC CONVENIENCE BUILDING (OPPOSITE JUNCTION WITH MILVIL ROAD) (as amended by plan received 28.04.03)
CENTRAL CAR PARK, MARINE PARADE WEST, LEE-ON-THE-SOLENT
RESOLVED: That planning application K.5268/2 – 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.
18. K.16265 – OUTLINE APPLICATION – ERECTION OF CHALET
BUNGALOW AND GARAGE (as amended by letter dated 22.04.03)
LAND ADJACENT TO 36 CAVANNA CLOSE, GOSPORT
RESOLVED: That planning application K.16265 – Land Adjacent to 36 Cavanna Close, Gosport be approved subject to the satisfactory completion of a Section 106 Agreement 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.
19. K.15500/7 – DETAILS PURSUANT TO K.15500 – HARD AND
SOFT LANDSCAPING TO WATERFRONT, BREWHOUSE SQUARE
AND FLAGSTAFF GREEN (CONSERVATION AREA)
ROYAL CLARENCE YARD & ST GEORGE BARRACKS NORTH, WEEVIL LANE, GOSPORT
Members were informed that amended plans had been received dated 20.05.03.
RESOLVED: That planning application K.15500/7 – Royal Clarence Yard & St George Barracks North, Weevil Lane, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager.
20. K.15500/8 – FELLING OF MAGNOLIA TREE T3.19 OF TPO G.100 IN FLAGSTAFF GREEN (CONSERVATION AREA)
ROYAL CLARENCE YARD, WEEVIL LANE, GOSPORT
RESOLVED: That planning application K.15500/8 – Royal Clarence Yard, Weevil Lane, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager.
21. K.8598/1 OUTLINE APPLICATION – ERECTION OF DETACHED DWELLING (as amended by letter dated 24.04.03 and plans received 28.04.03)
LAND ADJACENT TO 76 FRATER LANE, GOSPORT
RESOLVED: That planning application K.85/98/1 – Land Adjacent to 76 Frater Lane, Gosport be approved subject to the satisfactory completion of a Section 106 Agreement 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.
22. K.13430/2 – ERECTION OF DETACHED 3no. BED DWELLING HOUSE (as amended by letters dated 01.05.03 and 08.05.03 and plans received 01.05.03)
LAND AT 34 THE CROSSWAYS, GOSPORT
RESOLVED: That planning application K.13430/2 – Land At 34 The Crossways, Gosport be approved subject to the satisfactory completion of a Section 106 Agreement 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.
23. K.9887/2 – DEMOLITION OF VEHICLE REPAIR WORKSHOP
AND ERECTION OF TWO FLATS, GARAGES AND CAR PARKING
PROVISION AND VEHICULAR ACCESS TO CLASSIFIED ROAD
(A.32) (as amended by letters dated 10.03.03 and 06.05.03
and plans received 06.05.03)
160 BROCKHURST ROAD, GOSPORT
RESOLVED: That planning application K.9887/2 – 160 Brockhurst Road, Gosport be approved subject to the satisfactory completion of a Section 106 Agreement 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.
24. K.16296 – ERECTION OF DETACHED TWO STOREY DWELLING
HOUSE (as amended by letter dated 29.04.03 and plans
received 02.05.03)
169 GROVE ROAD, GOSPORT
RESOLVED: That planning application K.16296 – 169 Grove Road, Gosport be approved subject to the satisfactory completion of a Section 106 Agreement 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.
25. K.12507/1 – CHANGE OF USE FROM RETAIL SHOP (CLASS A1)
WITH FLAT OVER TO SINGLE DWELLING AND ALTERATIONS TO
FRONT AND SIDE ELEVATIONS (as amended by letters dated
24.04.03 and 29.04.03 and plans received 28.04.03)
64 SAN DIEGO ROAD, GOSPORT
RESOLVED: That planning application K.12507/1 – 64 San Diego Road, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager.
26. K.10430/5 – CONVERSION OF DWELLING TO FORM 3no. SELF
CONTAINED FLATS, AND ERECTION OF SINGLE STOREY LOBBY
EXTENSION (CONSERVATION AREA) (as amplified by letter
dated 30.04.03)
1 ASHBURTON ROAD, GOSPORT
RESOLVED: That planning application K.10430/5 – 1 Ashburton Road, Gosport be approved subject to the satisfactory completion of a Section 106 Agreement 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.
27. K.13176/5 – CHANGE OF USE FROM RESIDENTIAL CARE HOME
TO SINGLE DWELLING (as amplified by letter dated 30.04.03)
18 MONTSERRAT ROAD, LEE-ON-THE-SOLENT
RESOLVED: That planning application K.13176/5 – 18 Montserrat Road, Lee-on-the-Solent be approved subject to the satisfactory completion of a Section 106 Agreement 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.
28. K.7752/4 – CONVERSION OF REAR PART OF SHOP TO FORM
SELF-CONTAINED FLAT (as amended by letter dated
27.04.03 and plans received 29.04.03)
77-79 BROCKHURST ROAD, GOSPORT
RESOLVED: That planning application K.7752/4 – 77-79 Brockhurst Road, Gosport be approved subject to the satisfactory completion of a Section 106 Agreement 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.
29. ENTERTAINMENT LICENSING POLICY
Consideration was given to a report of the Regulatory Services Manager (a copy of which is attached in the Minute Book as Appendix "D"). Members were informed of the Licensing Bill currently before Parliament expected to come into force in 2003 which will require the council to adopt a comprehensive licensing policy following public consultations. The policy set out in the report consolidates the Council's existing policies in relation to licensing and is intended to inform any future decision making in this.
It was reported that on page 2 of the report, paragraph 4.1, references to 11pm should be altered to 10pm; that on page 5 of the report, paragraph 12.2, the final unfinished sentence should be removed; and that on page 16 of the report the second Police comment should be added to paragraph 1.2 as a requirement.
Members questioned whether there was sufficient legislation concerning drugs in the Policy and were informed that at present the coverage was adequate (Section 2 – 6.4.3), but that once the full guidelines had been issued then more conditions could be applied.
RESOLVED: That the Entertainment Licensing Policy be approved subject to the amendments and be recommended to the Policy and Organisation Board for adoption.
30. IMPLICATIONS OF THE NEW LICENSING BILL
Consideration was given to a report of the Regulatory Services Manager (a copy of which is attached in the Minute Book as Appendix "E"). Members were informed of the impending transfer of liquor licensing to local authorities and the implications it would have on the Council.
Members attention was drawn to the difficulties faced by staff as the level of work needed to cover all the new legislation would mean extra financial and employer responsibilities for the Council. Members were also informed about the possibility of "price hikes" as the fees would be set by central Government. It was also noted that enforcement would be a major issue. Councillors were also informed of the need to have the right to appeal, which would need to come before a committee. It was felt that a committee of 10 from which 3 would be selected would suffice, but that the work implications for the committee could be enormous.
RESOLVED: That a further update on the implications of the new Licensing Bill be brought to the next meeting.
31. EXCLUSION OF PRESS AND PUBLIC
RESOLVED: That under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in Paragraphs 4 & 7 of Part 1 of Schedule 12(A) of the Act.
32. HISTORIC BUILDING GRANT
3 LITTLE ANGLESEY ROAD, GOSPORT
Consideration was given to a report from the Director of Development and Environment (a copy of which is inserted in the Minute Book as Appendix "D") which advised the Board about a proposed offer of grant aid under Section 57 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to 3 Little Anglesey Road, Gosport.
RESOLVED: That a grant of £1,802.17 (or 15% of the total cost of works, whichever is the lesser sum) be offered towards the repairs to 3 Little Anglesey Road.
33. CONSIDERATION OF HACKNEY CARRIAGE AND PRIVATE HIRE
VEHICLE DRIVER'S LICENCE FOLLOWING THE COMPLETION
OF THE REPORT OF THE COUNCILS MEDICAL ADVISOR
(Councillor Carr declared a personal interest with regard to the above application in view of his acquaintance with the applicant, left the meeting prior to its consideration and did not take part in the discussion or voting thereon.)
Consideration was given to an exempt report of the Regulatory Services Manager (a copy of which is inserted in the Minute Book as Appendix "E") in connection with the review of the Hackney Carriage and Private Hire Vehicle Driver's Licences granted to a specific individual Licence Holder following the completion of the report by the Councils Medical Advisor.
RESOLVED: That the Hackney Carriage and Private Hire Vehicle Driver's Licences be revoked.
34. UPDATE ON THE WHITE HART
(Note: This item was not included on the Agenda for the meeting; however, in view of the need to keep Members of the Board updated on Licensing Appeals, the Chairman agreed to consider the matter as an urgent item.)
Members were informed that at the April Regulatory Board meeting a condition was added to The White Hart's licensing conditions requesting the installation of "blue lights" in the toilets. Members were informed that The White Hart had appealed against this condition and were prepared to take it to the Magistrates Court. Members were informed that the likelihood was that such an appeal would be successful and that therefore the condition should be withdrawn.
Members agreed to withdraw the condition but expressed disappointment that their attempts to be seen to be tackling drug problems had been met with such a challenge.
CHAIRMAN
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