05 10 2004

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

It was reported that, in accordance with Standing Orders, notice had been received that Councillor Davis would replace Councillor Mrs Binfield for this meeting.

50

APOLOGIES

Apologies for inability to attend the meeting had been received from Councillor Mrs Binfield.

51

DECLARATIONS OF INTEREST

Councillor Smith declared personal and pecuniary interests in K16713/K16714, K16706/K16707, K16704/K16705 and K16740/K16741 at Royal Clarence Yard, by virtue of discussing sponsorship of events in the Borough with the applicant.  Councillor Taylor declared a personal and prejudicial interest in the same applications by virtue of living nearby.  Both Members left the room and did not take part in the discussion or voting thereon.

52

MINUTES

RESOLVED:  That the Minutes of the Regulatory Board meeting held on 7 September 2004 be approved and signed by the Chairman as a true and correct record.

53

DEPUTATIONS

It was reported that a deputation had been received on planning application K16747.

54

PUBLIC QUESTIONS

No public questions had been received.

PART II

55

K16713 and Duplicate Application K.16714 accompanied by an Environmental Statement. MIXED USE DEVELOPMENT COMPRISING 409 RESIDENTIAL UNITS, 516 SQUARE METRES OF OFFICES/WORKSHOPS (CLASS B1), 1620 SQUARE METRES OF RETAIL (CLASSES A1 AND A2), PUBLIC HOUSES, CAFES, RESTAURANTS (CLASS A3), 1300 SQUARE METRES OF CINEMA (CLASS D2), MILLENNIUM PROMENADE AND RELATED INFRASTRUCTURE (INCLUDING ACCESS, CAR PARKING, LANDSCAPING, OPEN SPACE AND FLOOD DEFENCES) (LISTED BUILDINGS AND CONSERVATION AREA)(as amended by plan received 22.09.04, Car Parking Management Plan received 22.09.04, supplementary information relating to the Transport Assessment received 17.09.04 and amplified by letters received 13.08.04 and 22.09.04) Royal Clarence Yard, Gosport

Consideration was given to a report of the Regulatory Services Manager (a copy of which is affixed in the Minute Book as Appendix “A”).  Two additional plans had been supplied, one identifying individual buildings (a copy of which is affixed in the Minute Book as Appendix “B”) and one identifying the planned phases of the Outline Consent ref. K.15500 (a copy of which is affixed in the Minute Book as Appendix “C”).  In addition Appendix B in the Officer’s report had been replaced with a table giving details of Commercial Accommodation (a copy of which is affixed in the Minute Book as Appendix ‘D’)

The report described the site and proposals, setting out the planning history and assessing the development in the context of the Environmental Statement and supplementary documents submitted and the relevant planning policies and guidance.

A revised list of reasons for refusal was circulated (a copy of which is affixed in the Minute Book as Appendix “E”) following confirmation from the Highway Authority, the Head of Environmental Health and Southern Water that there were still outstanding concerns relating to highway safety, the sustainability of the development, car parking management, air quality and sewer capacity.  The relationships between the issues identified in the report and the new reasons for refusal were explained within the context of the history of the site, the proposal and Environmental Statement, the consultee responses and the letters of representation.  The offficer advised that although no formal response had been received from Defence Estates there had been concerns raised informally relating to the structure of the tower and the cinema building.

Mr Sitch of Barton Willmore Planning was permitted to address the Board on behalf of the applicant.  Mr Sitch stated that this was a brownfield site with the benefit of outline planning permission and referred to the guidelines set out in the Gosport Borough Local Plan Review and Planning Policy Guidance 3.  He stated that negotiations had been taking place with officers relating to affordable house, highway improvements, car parking provision, open space and air quality.  Mr Sitch also referred to the significant job creation allowed for in the scheme and proposed Schedule 278 Agreement.

Members asked Mr Sitch about the adverse visual impact of the proposed 16 storey tower, affordable housing and open space provision, the methodology for assessing car use, parking and employment generation and sought clarification on the number of dwellings proposed and the number that remained to be built under the Outline Consent.  Mr Sitch referred Members to the Landscape and Visual Assessment, Car Parking Management Plan and Transport Assessment submitted with the application and confirmed that 76 dwellings remained to be built under the Outline Consent.  He also confirmed that negotiations with officers relating to affordable housing and open space provision had not yet reached agreement.

In response to Members’ questions officers advised that although applications for a revised development proposal had initially been submitted in February this year, there had been no offer to date of affordable housing or open space provision and that satisfactory details of the improvements to the Weevil Lane/Mumby Road junction required under the Outline Consent K.15500 approved in December 2001 had not yet been submitted.

RESOLVED:  That having regard to the particulars of the application, the submitted plans and the information contained within the Environmental Statement that  application K16713 and duplicate application K.16714 be Refused for the amended reasons set out in the report.

56

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 ‘F’).

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

57

K16706 AND K16707 - LISTED BUILDING APPLICATION - CONSTRUCTION OF A NEW BLOCK (F1) ABUTTING THE GRANARY (CONSERVATION AREA)

Royal Clarence Yard  Weevil Lane  Gosport  Hampshire   

RESOLVED:  That Listed Building application K16706 and duplicate application K16707 – Royal Clarence Yard, Weevil Lane, Gosport, Hampshire 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 proposed building will enhance the Listed Building and its setting and therefore the proposal complies with policies BE9, BE11 and BE12 of the Gosport Borough Local Plan and R/BH1 and R/BH3 of the Gosport Borough Local Plan Review.

58

K16704 and duplicate application K16705 – LISTED BUILDING APPLICATION – ALTERATION OF THE NORTHERN PART OF THE BOUNDARY WALL TO THE SUPERINTENDENT’S AND DEPUTY SUPERINTENDENT’S HOUSES TO CREATE A PARKING AREA AND PEDESTRIAN ACCESS TO THE RESERVOIR AND EXTENSION TO THE BOUNDARY WALL TO ADJOIN PROPOSED NEW BUILDING NM3 (as amplified by letter dated 12.08.04)

Superintendent’s And Deputy Superintendents Houses  Royal Clarence Yard  Weevil Lane  Gosport  Hampshire 

RESOLVED:  That Listed Building application K16704 and duplicate application K16705 – Superintendent’s and Deputy Superintendent’s Houses, Royal Clarence Yard, Weevil Lane, Gosport, Hampshire 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 proposed minor works will enhance the Listed Building and its setting and therefore the proposal complies with policies BE9, BE11 and BE12 of the Gosport Borough Local Plan and R/BH1 and R/BH3 of the Gosport Borough Local Plan Review.

59

K16740 and duplicate application K16741 - LISTED BUILDING APPLICATION - INFILL DOORWAY IN BOUNDARY WALL WITH DEPUTY SUPERINTENDENT'S HOUSE, CONSTRUCT NEW BOUNDARY TO WEST OF SUPERINTENDENT'S HOUSE AND PART DEMOLITION OF BOUNDARY WALL AND SHED

Superintendent's House  Royal Clarence Yard  Gosport  Hampshire   

RESOLVED:  That Listed Building application K16740 and duplicate application K16741 – Superintendent’s House, Royal Clarence Yard, Gosport, Hampshire 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 proposal will not harm the character and appearance of the Listed Building and will enhance and preserve the character and appearance of the Conservation Area.  As such the development complies with policies BE9, BE11 and BE12 of the Gosport Borough Local Plan 1995 and R/BH1 and R/BH3 of the Gosport Borough Local Plan Review Revised Deposit Version 2004.

60

K16710 - ERECTION OF 6no. BUILDINGS FOR MIXED EMPLOYMENT USES (CLASSES B1, B2 AND B8) WITH ASSOCIATED PARKING (PLOT 3)(as amended by plans received 16.09.04)

154 Fareham Road  Gosport  Hampshire  PO13 0AS   

RESOLVED:  That planning application K16710 – 154 Fareham Road, Gosport, Hampshire 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 is acceptable in this location in terms of the siting, design and external appearance of the building and associated works and as such complies with Policies BE1, BE2, EMP1, EMP4, EMP5, T5, T6, T8, and IMP3 of the Gosport Borough Local Plan and Policies  R/DP1, R/DP3, R/DP6, R/EMP3, R/EMP5, R/EMP7, R/T3 and R/T11 of the Gosport Borough Local Plan Review.

61

K16756 - CHANGE OF USE OF FORMER WORKS SPORTS AND SOCIAL CLUB TO CHILDRENS DAY NURSERY (CLASS D2)(as amplified by letters dated 08.09.04 and 16.09.04)

154 Fareham Road  Gosport  Hampshire  PO13 0AS   

In response to a Member’s question the officer confirmed that traffic management arrangements would be provided to guide vehicles from the Fareham Reach south entrance, around the site and to the exit onto Fareham Road via Lederle Lane.

RESOLVED:  That planning application K16756 – 154 Fareham Road, Gosport, Hampshire 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 is acceptable in this location and as such complies with Policies BE1, EMP1, EMP5, and T6 of the Gosport Borough Local Plan and Policies R/DP1, R/CF5, R/EMP3, R/EMP5, R/EMP7, R/T3 and R/T11 of the Gosport Borough Local Plan Review.

62

K15833/10 - ERECTION OF INDUSTRIAL BUILDING (CLASSES B1 AND B2) BIN AND CYCLE STORES, ASSOCIATED ACCESS AND PARKING (UNIT E1)

Land Adjacent Fort Brockhurst  Heritage Way  Gosport  Hampshire   

Officers advised Members that English Heritage had confirmed no objection to the proposal.

RESOLVED:  That planning application K15833/10 - Land Adjacent Fort Brockhurst  Heritage Way  Gosport  Hampshirebe 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 is an appropriate use of the site and by reason of its design and siting will not have a detrimental impact on the street scene or other adjoining uses.  As such the proposal complies with Policies BE1, BE2, EMP1, EMP3, EMP4, T6, NC2 of the Gosport Borough Local Plan and R/DP1, R/DP6, R/EMP1, R/T11, R/OS12, R/ENV2, R/ENV4, R/ENV5 of the Gosport Borough Local Plan Review (Revised Deposit).

63

K16760 - OUTLINE APPLICATION - DEMOLITION OF EXISTING PAIR OF COTTAGES AND ERECTION OF 2NO. DETACHED DWELLINGS AND 2NO. DOUBLE GARAGES (FRONTING SANDHILL LANE)

1/2 Highbank Cottages  Shoot Lane  Lee On The Solent  PO13 9PA   

Members were informed that the applicant had formally withdrawn this planning application.

64

K8261/4 - CONVERSION OF EXISTING COMMERCIAL STORAGE BUILDING INTO 2no. FLATS WITH ASSOCIATED BIN AND CYCLE STORES

239 Forton Road  Gosport  Hampshire  PO12 3HD   

RESOLVED:  That planning application K8261/4 - 239 Forton Road  Gosport  Hampshire be approved subject to 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, and subject to the above additional condition 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 dwellings can be accommodated within this building without any detriment to the visual amenities of the area and in accordance with the parking standards and open space requirements. Furthermore, the design of the property is such that the proposal will not adversely affect the residential amenities of neighbouring residents.  As such the proposal complies with Policies BE1, H5, T6 and RL10 of the Gosport Borough Local Plan and Policies R/DP1, R/T11 and R/OS7 of the Gosport Borough Local Plan Review.

65

K16747 - ERECTION OF OUTBUILDING TO FORM CATTERY

14 Diana Close  Gosport  Hampshire  PO12 2RJ   

Members were informed that a letter of amplification had been received in relation to the provision of a 1.8 metre high fence along the southern boundary to prevent viewpoints into the site from Privett Gardens and the school.

In accordance with Standing Orders, Mr Stirton-Smith was permitted to address the Board on behalf of the objectors.  Mr Stirton-Smith made the following points:

·        Privett was a relatively highly populated residential area with parks and schools, wholly unsuitable for conducting a business in this location and there was a concern about ‘business creep’ .

·        Mr Stirton-Smith’s deputation was based on three objections:

·        The design and location

·        Waste and soil removal

·        Risk of infestation

·        It was considered that the cattery building was not fit for the purpose and there appeared to be no facilities for exercise, food preparation and refrigeration for fresh food which was thought to be required under the Animal Boarding Establishment Act 1963.

·        There may be the possibility of a larger, more intrusive business in the future.

·        There was concern as to whether or not waste materials would be removed twice a day with the consequent increased traffic and/or vermin and other infestation.

·        Mr Stirton-Smith urged the Regulatory Board to refuse this application.

Mrs Read, the applicant, was invited to address the Board.  Mrs Read circulated two photographs of the proposed cattery building to Board Members and made the following points:

·        A fence would be erected on the southern boundary and that area of the garden would be cleared and replanted.

·        The cats would be housed in secure, enclosed pens with individual runs and a safety corridor.  There would be no smell or noise.

·        Used cat litter would be bagged, placed in a tight fitting bin and disposed of in accordance with Environmental Health legislation.

·        Mrs Read felt that noise level from children in the nearby school exceeded that expected of the cats.

·        Opening times for the cattery had been revised because of school traffic parking in Diana Close.

·        The cattery would operate a pick-up and drop-off service with an appointment only system for visitors and no short-stay cats would be accepted.

In response to Members’ questions it was confirmed that all cats would possess up to date inoculations and an isolation unit would be housed in the garage.

Members were informed that waste would be disposed of twice daily, either by collection or taken to the amenity tip.  Issues relating to food preparation and any danger of infestation would be addressed by Environmental Health Services.  Ventilation would be provided by opening doors at either end of the cattery building.

The officer informed Members that the only material planning matter raised in the deputation by Mr Stirton-Smith related to traffic movements which the applicant had addressed and a legal agreement would be drawn up.  Furthermore, the four letters of objection had been received from residents within Charlesbury Avenue and that there had been no response from those directly affected in Diana Close or Ladram Road.  There was a precedent planning permission for a cattery business within the Borough and experience of this operation suggested that the proposal would not cause any of the problems feared by objectors.

Some Members felt that the scale and nature of use was inappropriate and the development would cause a significant loss of amenity in terms of traffic generation, noise and smell and was contrary to that set out in the policies of the Gosport Borough Local Plan and Gosport Borough Local Plan Review.

The Borough Solicitor advised Members that the issues to be considered related to the erection of the building and the principle of the use.  The impact of the introduction of this use should be considered in relation to traffic, noise and activity in the garden and the impact of a mixed use in a residential area.

Councillor Gill recommended refusing this planning application based on Policies H12 (ii) and H12 (iii) in the Gosport Borough Local Plan.  Councillor Clinton seconded Councillor Gill’s recommendation and his reason was based on Policy R/DP1 (iv) in the Gosport Borough Local Plan Review.   Members voted on the motion to refuse and this was lost.

RESOLVED:  That planning application K16747 - 14 Diana Close  Gosport  Hampshire be approved subject to a Section 106 Agreement relating to the length of time cats are boarded, the opening hours and the way cats are brought to and collected from the site and subject to the conditions set out in the report of the Regulatory Services Manager for the following reason (Councillor Gill asked that his opposition be recorded):

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 would be acceptable in this location and would not be significantly harmful to the amenities of adjoining residents or traffic/parking conditions in the locality.  As such, the development complies with Policies BE1 and T6 of the Gosport Borough Local Plan and Policies R/DP1 and R/T11 of the Gosport Borough Local Pla, n Review.

66

K613/5 - CHANGE OF USE FROM RETAIL SHOP (CLASS A1) TO TAKEAWAY HOT FOOD SHOP (CLASS A3) (as amplified by letters dated 14.09.04)

69 Forton Road  Gosport  Hampshire  PO12 4TD   

RESOLVED:  That planning application K613/5 - 69 Forton Road  Gosport  Hampshire be refused for the following reasons:

i

That the proposal, in combination with the existing A3 uses, would exacerbate the existing imbalance between shopping and non-shopping outlets and cause further fragmentation of the retail function of the shopping centre. As such, the proposal would be detrimental to the vitality and continued viability of Neighbourhood Shopping Centre No.12, contrary to Policies S4 of the Gosport Borough Local Plan and R/S4 of the Gosport Borough Local Plan Review (Revised Deposit).

ii

That having regard to the location of the site and its relationship with adjoining properties, the proposal, in combination with the existing A3 uses in the locality, would generate an unacceptable level of noise and disturbance and result in an unacceptable living environment for local residents, contrary to Policy BE1 of the Gosport Borough Local Plan and R/DP1 of the Gosport Borough Local Plan Review (Revised Deposit).

67

K16749 - CONSTRUCTION OF 4no. PARKING BAYS (LAND ADJOINING 34 RODNEY CLOSE)(as amended by plans received 27.08.04)

Land At Rodney Close, Gosport

RESOLVED:  That planning application K16749 - Land At Rodney Close, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager for the following reason:

i

Having regard to the provisions of Section 54A of the Town and Country Planning Act 1990 (as amended) and all other material considerations, the proposed additional car parking is acceptable in this location and as such complies with Policies BE1 and T6 of the Gosport Borough Local Plan and Policies R/DP1 and R/T11 of the Gosport Borough Local Plan Review.

68

K6686 – UPDATE RELATING TO TEMPORARY BUILDINGS

Bay House School   Gomer Lane  Gosport  Hampshire  PO12 2QP 

At the Regulatory Board meeting held on 3 August 2004 Members had expressed concern regarding the number of temporary buildings erected at the school and requested that a letter be sent to the applicant on this matter. 

Officers reported that in response to the letter sent at the Members’ request the Headteacher of Bay House School had confirmed that he was actively seeking funding to build permanent classrooms.