A MEETING OF THE REGULATORY BOARD
WAS HELD ON 28 JANUARY 2003
Chairman of the Policy and Organisation Board (Councillor Cully) (ex-officio); Councillors Mrs Angus (P), Carr (P), Edwards (P), Farr (P), Gill (P), Hayward (P), Searle (P) Smith (P), Train (P) and Taylor (P)
167. APOLOGY
An apology for inability to attend the meeting was submitted on behalf of Councillor Cully.
168. MINUTES
Councillor Gill informed the Board that he was present at the last meeting and had not been substituted by Councillor Mrs Elshaw.
RESOLVED: That the Minutes of the meeting of the Regulatory Board held on 3 December 2002 be approved and signed by the Chairman as a true and correct record.
169. DEPUTATIONS
It was reported that deputations had been received relating to planning applications K.16075 – 22 Marine Parade East, Lee-on-the-Solent and K.16200 Land at rear of 14 Grove Road, Gosport.
170. PUBLIC QUESTION
It was reported that a public question had been received. Mr Bell was permitted to ask the Board the following question:
- Why do the officers continue to quote the height of Solent Heights (or other buildings) as being relevant to planning application K.16075? Do they not agree that it was the existence of such building on Lee seafront that led to the development of Policy BE7 in the Local Plan?
The Chairman gave the following answer:
· The Local Planning Authority is obliged to take into consideration all relevant matters in the determination of any planning application. Government guidance (PPG1) acknowledges that whilst the development plan is the primary planning consideration, all other material considerations must be taken into account. In this case, notwithstanding Policy BE7 of the Local Plan, the height of surrounding buildings, whether existing or proposals with planning permission, are relevant to the current application.
171. K.16050 – ERECTION OF TWO STOREY DOCTORS SURGERY, SINGLE STOREY PHARMACY AND ASSOCIATED CAR PARKING (CAMDEN TOWN ALLOTMENTS)
LAND OFF WHITES PLACE CAR PARK, 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"). The report outlined the circumstances of the resolution made by the Board on 9 July 2002 to grant planning permission for the new surgery scheme subject to a legal agreement under Section 106 of the Town and Country Planning Act 1990. It was recommended that the requirement for the prior completion of the Section 106 legal agreement be waived in favour of the grant of consent subject to 'Grampian' conditions relating to the provision of off-site highway improvements and works to the existing cat park.
RESOLVED: That the resolution to grant conditional planning permission subject to the satisfactory completion of a Section 106 agreement relating to off-site highway/car park works be amended to delete reference to the legal agreement and subject to replacement with the two following additional conditions:
i. no development shall commence until a scheme of works for the improvement of vehicular access to and from Forton Road at the entrance of Whites Place car park, and the access road across the existing car park, shall have been submitted to and approved in writing by the Local Planning Authority. That scheme shall be implemented and completed before any development is commenced on the construction of the GP Surgery and Pharmacy buildings, and
ii. the construction of the GP Surgery and Pharmacy buildings shall not commence until a scheme for the re-arrangement of the retained car parking, including provisions of the new footway, amendment to lighting, signing and road marking within Whites Place shall have been submitted to and approved in writing by the Local Planning Authority That scheme shall be completed before the buildings are occupied.
172. 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 "B").
RESOLVED: That decisions be taken on each application for planning consent as detailed below:
173. K.16050/1 – ERECTION OF SINGLE STOREY SIDE EXTENSION TO DOCTORS SURGERY (CAMDEN TOWN ALLOTMENTS)
LAND OFF WHITES PLACE CAR PARK, FORTON ROAD, GOSPORT
RESOLVED: That planning application K.16050/1 – Land Off Whites Place Car Park, Forton Road, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager.
174. K.16075 – ERECTION OF 4.5 STOREY BLOCK OF 11no. FLATS AND ASSOCIATED CAR PARKING (INCLUDING 1 BEACH ROAD) (as amended by letters dated 04.09.02 and 10.10.02 and by plans received 11.10.02 and amplified by letter dated 17.10.02 and 05.12.02 and plans received 21.11.02 and 06.12.02)
22 MARINE PARADE EAST, LEE-ON-THE-SOLENT
Members were informed that a further 3 letters of objection had been received since the report was prepared, stating continuing objections to the proposal. Members were also informed that 2 of the letters were from the Lee-on-the-Solent Residents Association regarding the handling of the planning application and that the Head of Development Control had provided a written response. The third letter related to possible structural damage that could be caused by excavation works should the development take place. Members were also informed that "Shadow Drawings" had been submitted, showing the length of shadows every two hours cast by the proposed building.
Mrs Potter and Mrs Roast were permitted to address the Board on behalf of the objectors. Mrs Potter made the following points:
- That they still had concerns over the instability and flooding problems that the site would have, especially following a recent survey conducted by McCarthy and Stone which showed the water table to be higher than anticipated;
- That demonstrable harm would be caused to properties 20 and 21 as they would be in shadow for 12 months.
Mrs Roast made the following points:
· The building contravenes Gosport's Local Plan BE7 and Appendix 12, even the Local Plan Review has no alternatives to these statements;
· Despite Officer assurance that the number of storey's is not an issue, BE7 para 5.3 contend this;
· That the policy outlined in June 1989 stated that 3.5 storeys should be the maximum with the provision for a pitched roof making the total height no more than 11.6 metres;
· It would set a disastrous precedent on the Lee seafront, and the conversion at the Belle Vue might come back to haunt the Board;
· The proposed building would have a detrimental effect on the amenities of its neighbours;
· The neighbouring buildings would be in shadow permanently, but would also be faced with a "brick cliff";
· That they were not happy with the "Shadow Drawings" provided by the applicant;
· That it should be refused on the same grounds as the roof extension at Fine Cars was refused.
Mr Soulsby was permitted to address the Board on behalf of the applicants. Mr Soulsby made the following points:
· At the last meeting the seafront was identified as Victorian/Edwardian. In fact there is only 1930's buildings in this area;
· The site is not currently considered beautiful, the building behind, built in 1983 is considered a monstrosity;
· Belle Vue is not comparable as it is an old site, this is not;
· Have negotiated since May with the Planning Officers rather than go to appeal, but would want a decision today;
· It will be set back further than its neighbours;
· All bathroom windows and overlooking windows will be obscure glass;
· The balconies are not relevant to the distance from the neighbours, although they have been altered to clear glass to make their obtrusion less noticeable;
· The scheme will improve the area and character of the site;
· The housing implications are that it will create 11 properties, currently there are 2;
· The height is in compliance with BE7, it is 3.5 stories of accommodation with one sunken storey for car parking;
· The plan should be strongly supported not grudgingly approved.
Councillor Burgess, as Ward Councillor, was permitted to address the Board. Councillor Burgess stated that –
· Concern that the Board was failing to abide by its own Local Plan;
· That BE7 was the result of detailed papers and should not be dismissed;
· The building will be too high as the Local Plan says it can only be 3.5 storeys high, but the plans show 4.5 storeys;
· The distance from the wall to the footpath must be 6 metres, the balconies contravene this – a valid reason to refuse;
· The rear of the property should be 28 metres from neighbours, it is considerably less;
· Overshadowing is relevant, and a major cause for concern;
· The Leader of the Council said that in the past developers have found it too easy in Gosport to do what they want, and that this must change;
· The Chairman of the Board said that a point should be made to stop developers doing what they want;
· The plans simply do not comply with the building regulations and should be refused.
Members expressed concern that the proposed building would not comply with the Local Plan BE7 and Appendix 12. They were informed that the Local Plan was merely to be used as a guide, that it was not black and white. Members were also informed that along with looking at the plans with the guidelines, a judgement had to be made on the proposal itself. It was also confirmed that to refuse an application Members would have to show how the proposed site could cause harm.
A motion was proposed and seconded to refuse the application on the following grounds:
1. that the building was not appropriate in scale, form, height, layout;
2. that it contravened polices BE7 and Appendix 12 (5.iii)
3. that it would cause harm through loss of light and privacy to numbers 20 and 21 Marine Parade East.
A vote was taken and the outcome of which was that the motion was refused.
RESOLVED: That planning application K.16075 – 22 Marine Parade East, 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, the making up, surfacing and dedication of a one metre wide strip of land adjacent to the rear access-way to form part of the highway and subject to the conditions set out in the report of the Regulatory Services Manager.
175. K.15650/2 – OUTLINE APPLICATION – USE OF LAND FOR MIXED EMPLOYMENT USES (CLASSES B1, B2 & B8) AND AN ENTERPRISE CENTRE
LAND ADJOINING (FRATER GATE) FAREHAM ROAD, GOSPORT
RESOLVED: That outline planning application K.15650/2 – Land Adjoining (Frater Gate) Fareham Road, Gosport be approved subject to the applicant entering into an Agreement, under Section 106 of the Town & Country Planning Act 1990, relating to the payment of a commuted sum towards off-site transport infrastructure improvements within the A32 corridor, and subject to the conditions set out in the report of the Regulatory Services Manager.
176. K.15650/4 – ERECTION OF AN ENTERPRISE CENTRE TO INCLUDE CAR PARKING AND LANDSCAPING
LAND ADJOINING (FRATER GATE) FAREHAM ROAD, GOSPORT
RESOLVED: That planning application K.15650/4 – Land Adjoining (Frater Gate) Fareham Road, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager.
177. K.3907/2 – ERECTION OF TWO STOREY SIDE AND SINGLE STOREY FRONT AND REAR EXTENSIONS (as amended by letter dated 01.12.02 and plans received 02.12.02)
17 SWANAGE ROAD, LEE-ON-THE-SOLENT
RESOLVED: That planning application K.3907/2 – 17 Swanage Road, Lee-on-the-Solent be approved subject to the conditions set out in the report of the Regulatory Services Manager.
178. K.10854/3 – ERECTION OF TWO STOREY CLUBHOUSE BUILDING (CONSERVATION AREA) (as amended by letters and plans received 02.12.02)
GOSPORT CRUISING CLUB WEEVIL LANE, GOSPORT
RESOLVED: That planning application K.10854/3 – Gosport Cruising Club Weevil Lane, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager.
179. K.10854/4 – CONSERVATION AREA APPLICATION – DEMOLITION OF EXISTING CLUBHOUSE BUILDING (as amended by plans received 02.12.02)
GOSPORT CRUSING CLUB WEEVIL LANE, GOSPORT
RESOLVED: That conservation area application K.10854/3 – Gosport Cruising Club Weevil Lane, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager.
180. K.14166/5 – ERECTION OF TWO STOREY CLUBHOUSE
BUILDING AND CAR PARKING AREA (CONSERVATION AREA)
POG BOATYARD WEEVIL LANE, GOSPORT
RESOLVED: That planning application K.14166/5 – POG Boatyard Weevil Lane, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager.
181. K.7033/7 – OUTLINE APPLICATION – ERECTION OF A PAIR OF SEMI-DETACHED BUNGALOWS AND ASSOCIATED PARKING (as amplified by letter dated 20.11.02)
LAND ADJACENT TO 15 PARHAM ROAD, GOSPORT
The application was withdrawn by the applicant.
182. K.16199 – ERECTION OF CONSERVATORY (as amended by plans received 09.12.02)
49 FERROL ROAD, GOSPORT
[Councillor Smith declared a personal interest in view of living close by to the application site left the meeting prior to its consideration and did not take part in the discussion or voting thereon.]
RESOLVED: That planning application K.16199 – 49 Ferrol Road, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager.
183. K.16200 – OUTLINE APPLICATION – ERECTION OF DETACHED BUNGALOW (as amplified by letter dated 13.12.02)
LAND AT REAR OF 14 GROVE ROAD, GOSPORT
Consideration was given to a report on the above planning application. Members were informed that the reasons for recommending refusal of this planning application were by reasons of its form, sitting and means of access. It was reported that a visit had been made to the location and that the primary means of access was through a parking. Members were also informed that the environment provided in this courtyard was unsuited as a primary access to a. It was also reported that it was out of keeping with the established pattern of residential development in the locality and would therefore be detrimental to the character and visual amenities of the area and prejudicial to the amenities of existing and prospective residents.
Mr Norton, the applicant, was permitted to address the Board. Mr Norton made the following points:
· That the abandoned vehicles mentioned by the Officer would be moved;
· The garages would be knocked down and the bungalow would therefore be in the open space;
· That there was enough land and that the outlook from the bungalow would therefore be good;
· No objections had been received from the neighbours;
· That the bungalow will not hurt anyone, and he and his neighbours cannot understand the refusal;
· Recommend a site visit to enable clearer understanding.
In order to clarify the situation it was proposed, and subsequently agreed, that a site visit be held prior to the next meeting of the Regulatory Board.
RESOLVED: That planning application K.16200 relating to land at rear of 14 Grove Road, Gosport be deferred pending a site visit to be held prior to the next meeting of the Regulatory Board.
184. K.16196 – ERECTION OF SINGLE STOREY REAR EXTENSION (as amended by plans received 24.12.02)
119 GREGSON AVENUE, GOSPORT
RESOLVED: That planning application K.16196 – 119 Gregson Avenue, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager.
185. K15611/1 – ERECTION OF TWO STOREY SIDE EXTENSION
27 FOXLEA GARDENS, GOSPORT
RESOLVED: That planning application K.15611/1 – 27 Foxlea Gardens, Gosport be refused for the reasons set out in the report of the Regulatory Services Manager.
186. K.16198 – ERECTION OF TWO STOREY REAR EXTENSION (CONSERVATION AREA)
4 THE ROSERY, GOSPORT
RESOLVED: That planning application K.16198 – 4 The Rosery, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager.
187. K.11157/2 – CHANGE OF USE FROM DWELLING AND POST OFFICE TO SINGLE DWELLING HOUSE AND ALTERATIONS TO FRONT ELEVATION
280 FORTON ROAD, GOSPORT
RESOLVED: That planning application K.11157/2 – 280 Forton Road, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager.
188. K.245/2 – ERECTION OF CONSERVATORY
84 PRIVETT ROAD, GOSPORT
RESOLVED: That planning application K.245/2 – 84 Privett Road, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager.
189. K.2611/4 – ERECTION OF TWO STOREY EXTENSION (as amended by plans received 10.01.03)
60 ALVER ROAD, GOSPORT
RESOLVED: That planning application K.2611/4 – 60 Alver Road, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager.
190. K.16205 – ERECTION OF TWO STOREY SIDE EXTENSION
62 GOSPORT ROAD, LEE-ON-THE-SOLENT
Members were informed that an additional letter had been received expanding on existing objections of loss of light and loss of property value.
RESOLVED: That planning application K16205 – 62 Gosport Road, Lee-on-the-Solent be approved subject to the conditions set out in the report of the Regulatory Services Manager.
191. ANY OTHER ITEMS WHICH THE CHAIRMAN DECIDES ARE URGENT
The Head of Development Control reported to the Board on recent planning application appeals. Members were informed that appeals for 22 Beatty Drive, Gosport (erection of bungalow and garage) and 349 Forton Road, Gosport (conversion of shop to flat) had been unsuccessful. However it was reported that an appeal for 66 San Diego Road, Gosport (conversion of shop to flat) had been successful and that costs had been awarded against the Board.
A request was also made that investigations be made into the provision of extra microphones on the desks.
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