02 11 2004

The Mayor (Councillor Edwards)(ex-officio), Chairman of Policy and Organisation Board (Councillor Hook)(ex-officio), Councillors Allen (P), Mrs Binfield (P), Carr (P), Clinton (P), Farr (P), Foster (P), Gill (P), Smith (P), Taylor (P) and Train (P).

69

APOLOGIES FOR NON-ATTENDANCE

Apologies for inability to attend the meeting had been received from Councillors Edwards and Hook.

70

DECLARATIONS OF INTEREST

Councillor Smith declared a personal and prejudicial interest in K16700/1 by virtue of discussing sponsorship of events in the Borough with the applicant. 

Councillor Clinton declared a personal interest in K1327/22 and K1327/23 by virtue of his involvement in a previous application on the site when he had also declared a personal interest.

Both Members left the room and did not take part in the discussion or voting thereon.

71

MINUTES

RESOLVED:  That the Minutes of the Regulatory Board meeting held on 5 October 2004 be approved and signed by the Chairman as a true and correct record.

72

DEPUTATIONS

It was reported that a deputation had been received on planning application K16765.

73

PUBLIC QUESTIONS

No public questions had been received.

PART II

74

REPORTS OF THE REGULATORY SERVICES MANAGER

The Regulatory Services Manager submitted a report on applications received for planning consent setting out the recommendation in each case (a copy of which is attached in the Minute Book as Appendix ‘A’).

RESOLVED:  That the decisions be taken on each application for planning consent as detailed below:

75

K16700/1 - ERECTION OF 2no. THREE STOREY BLOCKS PROVIDING 22 RESIDENTIAL FLATS, ACCESS ROAD, CAR PARKING AND ANCILLARY WORKS (as amended by letter dated 19.10.04 and plans received 16.09.04 and 21.10.04)

2-4 Jamaica Place  Gosport  Hampshire     

(NB.  Councillor Smith declared a personal and prejudicial interest in the above item, left the room and did not take part in the discussion or voting thereon.)

Councillor Mrs Cully addressed the Board as Ward Councillor and stated that two lovely houses and trees were to be demolished and replaced with 22 flats resulting in overcrowding of the site and a detrimental effect on residents at the rear of Windward Court.  Councillor Mrs Cully questioned whether a percentage of affordable housing had been requested, that the height of the development was more than existing buildings in the vicinity, whether a distance of 15m had been allowed for between buildings and the position of the bin/cycle store.  The area was subject to drainage and flooding problems and there was concern relating to the public access way planned at Chester Court and the nuisance this might cause to adjacent occupiers.

In response to Members’ questions the case officer confirmed that the site was not in a conservation area, the existing dwellings were not listed buildings and the height of that part of the proposed Block 2 adjacent to 5 & 6 Windward Court was two storeys and designed to comply for the most part with the design guidance provided in the Gosport Borough Local Plan.  An additional condition 9 was proposed to ensure that those windows so designed on the north elevations of Blocks 1 and 2 to be obscure glazed with fixed frames should be installed as such and thereafter retained.  Drainage was the responsibility of the Environment Agency in conjunction with the developer and the relationship of the buildings with the water main running across the site had been considered by Southern Water.  The position of the brick built cycle/bin store had been carefully considered in light of the limited options available.  A 1.6m high brick wall would be erected on the northern boundary to replace the existing timber fence and a wall and railings structure was indicated on the southern boundary, including a gate for residents’ use only.

The density of the proposed development was 110 dwellings per hectare.  Although higher than the existing area this was not considered to be inappropriate for urban areas and in keeping with Planning Policy Guidance 3. 

In respect to the issue of affordable housing provision the case officer referred to paragraph 6 of the report and explained that following investigation of the possibility of on site provision, and surrogate provision on another site, an offer of a financial contribution of £235,474 had been made towards off site provision.

The case officer clarified Members’ enquiries relating to refuse vehicle access, safety of cyclists and pedestrians using the entrance opposite Dock Road and the provision of 22 allocated car parking spaces within the site. The interests of residents during the construction period was an issue for Environmental Health Services.

The Borough Solicitor advised the Board that the Council’s practice was to require Section 106 Agreements to be executed by the applicant before the date of the Regulatory Board meeting.  In this case the applicant was not the landowner and this could not be achieved.  However the target date for determination of the application was 22 November 2004 and therefore rather than recommending refusal officers wished to amend the recommendation.  The amendment would be to provide for the agreement to be completed to the Borough Solicitor’s satisfaction by 22 November 2004 and that if the Section 106 agreement was not completed by 22 November 2004 the Regulatory Services Manager be authorised to issue a decision notice refusing the application the for reasons set out in paragraphs 6 and 7 of the report.  An alternative solution would have been to set up a special meeting.

RESOLVED:  That planning application K16700/1 – 2-4 Jamaica Place, Gosport be approved subject to the Section 106 agreement being completed to the satisfaction of the Borough Solicitor by 22 November 2004 that planning permission be granted subject to the conditions set out in the report of the Regulatory Services Manager for the following reason and subject to the following additional condition.  If the above Section 106 agreement is not completed by that date the Regulatory Services Manager be authorised to issue a planning notice refusing planning permission for the reasons referred to in paragraphs 6 and 7 of the report :

Additional Condition 9:  The windows on the north elevations of Block 1 and Block 2 as annotated on the approved drawings to be of fixed frame and obscure glazed design shall be installed as such and thereafter retained in that condition.

Reason:  To preserve the amenity of the adjoining properties and to comply with Policies BE1 of the Gosport Borough Local Plan and R/DP1 of the Gosport Borough Local Plan Review.

Reason for approval

i

That having regard to the provisions of Section 54A of the Town and Country Planning Act 1990 and all other material considerations, it is considered that the proposal is acceptable in terms of impact on the character and visual amenities of the area and would not be significantly harmful to the amenities of existing or prospective occupiers or traffic/parking conditions in the locality.  As such, the development complies with Policies BE1,  H5,  H7, T6 and  RL10 of the Gosport Borough Local Plan and R/DP1, R/H5, R/T11, R/OS7 and R/OS12 of the Gosport Borough Local Plan Review (Revised Deposit).

76

K16738 - VARIATION OF CONDITION 2 OF PLANNING PERMISSION K.15580/1 TO ALLOW REMOVAL OF LANDSCAPING TREES

Land To The East Of Orion Avenue  Gosport  Hampshire     

Councillor Langdon addressed the Board as Ward Councillor and spoke in support of local residents in favour of removing the trees to maintain harbour views and their property values.  Councillor Langdon tabled three photographs illustrating the trees in relation to the houses, ramparts and other buildings in the vicinity.  Councillor Langdon had received a petition from residents objecting to the proposal to retain the trees because, it was understood, the developers had promised harbour views and referred to a letter from the developers circulated to residents.  It was Councillor Langdon’s understanding that English Heritage did not have strong objections to the proposal.

In response to Members’ questions the officer confirmed the background relating to this area of the development, that the landscaping scheme was an integral part of the application for the housing development and explained the importance of the trees in relation to the location of the houses and the ramparts.  The officer advised that English Heritage had provided a written response supporting the original requirement for the trees.

RESOLVED:  That variation of condition 2 of planning permission K.16738 - Land to the East of Orion Avenue, Gosport be refused subject to the following conditions:

i

The proposed removal of the trees by reason of their prominent position and relationship with the Hardway Conservation Area and Scheduled Ancient Monument, will result in the adjacent buildings dominating the landscape, to the detriment of the visual amenity of the area and in particular the open space and adjacent Ramparts.  Therefore the proposal is contrary to Policies BE1, BE2, BE9 and BE15 of the Gosport Borough Local Plan and R/DP1, R/DP6, R/BH1 and R/BH7 of the Gosport Borough Local Plan Review.

77

K1327/22 - ERECTION OF SINGLE AND TWO STOREY SIDE EXTENSION, EXTERNAL FIRE ESCAPE, ALTERATIONS TO CAR PARK AND BOUNDARY WALL (as amended by plans received 18.10.04) (LISTED BUILDING IN CONSERVATION AREA)

The Old Lodge Hotel  81 The Avenue  Gosport  Hampshire  PO12 2JX 

(NB.  Councillor Clinton declared a personal interest in the above item, left the room and did not take part in the discussion or voting thereon.)

RESOLVED:  That planning application K1327/22 – The Old Lodge Hotel, 81 The Avenue, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager for the following reason:

i

That having regard to Section 54A of the Town and Country Planning Act 1990 and all other material considerations, the development is considered acceptable in this location and will improve the existing tourist facilities in the area.  The proposed extension relates well to the existing building in terms of its design, scale, siting and materials.  As such it will not be detrimental to the historic character of the Listed Building and will enhance and conserve the appearance of the Conservation Area. The area of the premises open to the public is not significantly larger than that currently in use and the additional activity generated by the one new guest room is likely to be minimal. Due to the orientation of the hotel and its relationship with adjoining buildings there will be no increase in overshadowing and the obscure glazing of the first floor window located on the south elevation facing residential properties will prevent any overlooking. The parking and access arrangements are satisfactory.  As such the proposal complies with Policies BE1, BE3, BE9, BE11, BE12, BE15 and T6 of the Gosport Borough Local Plan and Policies R/DP1, R/DP7, R/BH1, R/BH3, R/BH7, RCF11 and R/T11 of the Gosport Borough Local Plan Review.

78

K1327/23 - LISTED BUILDING APPLICATION - DEMOLITION OF BOUNDARY WALL (IN PART), GARAGE AND FIRE ESCAPE, ERECTION OF SINGLE AND TWO STOREY SIDE EXTENSION, EXTERNAL FIRE ESCAPE, BOUNDARY WALL AND INTERNAL ALTERATIONS ( as amended by plans received 18.10.04) (CONSERVATION AREA)

The Old Lodge Hotel  81 The Avenue  Gosport  Hampshire  PO12 2JX 

(NB.  Councillor Clinton declared a personal interest in the above item, left the room and did not take part in the discussion or voting thereon.)

RESOLVED:  That list building application K1327/23 - The Old Lodge Hotel, 81 The Avenue, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager for the following reason:

i

That having regard to the provisions of Section 54A of the Town and Country Planning Act 1990 and all other material considerations, the proposed extension and wall relate well to the existing building in terms of its design, scale, siting and materials.  As such the development will not be detrimental to the historic character of the Listed Building and complies with Policies BE11 and BE12 of the Gosport Borough Local Plan and Policy R/BH3 of the Gosport Borough Local Plan Review.

79

K15437/4 - ERECTION OF CONSERVATORY (as amended by plans received 14.10.04) (CONSERVATION AREA)

3 St Marks Road  Gosport  Hampshire  PO12 2DA   

The officer confirmed that a letter of objection had been received from the occupier of 5 St Marks Road and an additional letter of objection had been received from the occupier of 1 St Marks Road relating to changes to the fire escape and the inclusion of ramps.  It was proposed to delete conditions 3 and 4 and replace them with a new condition 3.  The officer explained the circumstances requiring the new condition for the ramp.

RESOLVED:  That planning application K15437/4 - 3 St Marks Road, Gosport be approved subject to the conditions set our in the report of the Regulatory Services manager for the following reason and subject to the following new condition:

New Condition 3:  The access ramps hatched green on the approved plan shall be removed from the site within 9 months from the date of this planning permission.

Reason:  In order to protect the visual amenities of the area and the amenity of adjoining properties, and to comply with Policies BE1, BE3 and BE9 of the Gosport Borough Local Plan.

Reason for approval

i

That having regard to the provisions of Section 54A of the Town and Country Planning Act 1990 and all other material considerations, the development as proposed by reason of its location, design and orientation, would not have a detrimental impact on the neighbouring properties or the visual amenities of the area, or the setting and appearance of the Conservation Area.  As such, the proposal complies with Policies BE1, BE3 and BE9 of the Gosport Borough Local Plan and R/DP1, R/DP7 and R/BH1 of the Gosport Borough Local Plan Review (Revised Deposit).

80

K16773 - ERECTION OF TWO STOREY BUILDING COMPRISING 2no. RESIDENTIAL FLATS

Land Adjacent To 14 Nursery Close  Gosport  Hampshire     

The case officer explained to Members that, for administrative reasons, the report on this application had to be withdrawn and further explained that this was as a result of the application fee not having been fully paid.  The applicant had chosen not to pay the fee and in these circumstances the Local Planning Authority could not determine the application.

RESOLVED:  Noted that the report for planning application K16773 - Land Adjacent To 14 Nursery Close, Gosporthad been withdrawn.

81

K13042/1 - ERECTION OF PITCHED ROOF TO SINGLE STOREY REAR EXTENSION

56 Rowner Lane  Gosport  Hampshire  PO13 0DT   

RESOLVED:  That planning application K13042/1 – 56 Rowner Lane, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager for the following reason:

i

That having regard to the provisions of Section 54A of the Town and Country Planning Act 1990 and all other material considerations, the development as proposed by reason of its design, siting and orientation, will not have a detrimental impact on the neighbouring properties.  As such the proposal complies with Policies BE1 and BE3 of the Gosport Borough Local Plan and R/DP1 and R/DP7 of the Gosport Borough Local Plan Review (Revised Deposit).

82

K16765 - ERECTION OF CONSERVATORY

89 Whitworth Road  Gosport  Hampshire  PO12 3NJ   

In accordance with Standing Orders, Mr Spencer was permitted to address the Board on behalf of the objectors and raised concern over the 8.35m long glazed area of the conservatory facing south directly into the garden of number 91 which would create a ‘tunnel’ effect.  There was no objection to the construction of a conservatory but the enclosure of the southern boundary of number 89 would have an intolerable effect and an unreasonable impact on the privacy of the neighbour at number 91. 

Mr Spencer reported that the effect of the conservatory on the neighbour at number 91 would lead to a reduction in the window opening area in the dining room, loss of natural light to the kitchen, noise pollution and loss of privacy even if the windows to the conservatory were to be obscure glazed.  The general mass of the building would enclose the garden of number 91 and be detrimental to enjoyment of this space.

The Borough Solicitor recommended that, as the applicant or their agent had not been given the opportunity to address the Board, this planning application should be deferred to allow the applicant a fair hearing.  Members of the Board proposed that a site visit should take place to assess the impact of the proposed development.  The Borough Solicitor reminded Members of the provision in the Code of Conduct for Councillors and officers involved in the Regulatory process relating to site visits.

RESOLVED:  That planning application K16765 – 89 Whitworth Road, Gosport be deferred:

i

to give the applicant or agent an opportunity to respond to the deputation; and

ii

for a site visit to enable Members to gather more information to enable them to make a decision.

83

ANY OTHER ITEMS

There were no urgent items for discussion.