A MEETING OF THE REGULATORY BOARD
WAS HELD ON 5 NOVEMBER 2002
Chairman of the Policy and Organisation Board (Councillor Cully) (ex-officio); Councillors Mrs Angus (P), Carr (P), Edwards (P), Mrs Elshaw (P), Farr (P), Hayward (P), Searle (P), Smith (P), Taylor (P) and Train (P)
[It was reported that, in accordance with Standing Orders, Councillor Mrs Elshaw had been nominated to replace Councillor Gill for the meeting.]
112. APOLOGY
An apology for inability to attend the meeting was submitted on behalf of Councillor Cully.
113. MINUTES
RESOLVED: That the Minutes of the meeting of the Regulatory Board held on 8 October 2002 be approved and signed by the Chairman as a true and correct record.
114. DEPUTATION
It was reported that deputations had been received relating to planning applications K.13088/6 - Fine Cars Ltd, 178/180 Portsmouth Road, Lee-on-the-Solent and K.16075 - 22 Marine Parade East, Lee-on-the-Solent.
115. PUBLIC QUESTIONS
It was reported that public questions had been received relating to: Agenda Item 7 - Review of Planning Matters Delegated to Director of Development and Environment.
116. APPLICATIONS FOR PLANNING CONSENT
The Regulatory Services Manager submitted a report on applications received for planning consent setting out the recommendations in each case.
RESOLVED: That decisions be taken on each application for planning consent as detailed below:
117. K.13088/6 - ERECTION OF PITCHED ROOF EXTENSION, FINE CARS (LEE-ON-THE-SOLENT) LIMITED, 178/180 PORTSMOUTH ROAD, LEE-ON-THE-SOLENT
Mr Crooks was permitted to address the Board on behalf of the applicants. Mr Crooks made the following points:
· That the history of the site be put to one side and the application be judged on its own merits;
· That Fine Cars was a long term site, that although moving to a different site had been considered, the current location was the best position;
· The erection of a pitched roof would still be below the general roof line for the area;
· The current roof was leaking and that the new roof was needed to prevent such leakages;
· That the Council had been invited to the site to discuss the plans.
Councillor Kimber, as Ward Councillor, was permitted to address the Board. Councillor Kimber stated that -
· The structure should be refused as it would create an even bigger eyesore;
· Residents could not get access to their properties already;
· That the site was still cluttered, despite its new ramp which was intended to alleviate the problem.
Members expressed concern that the leaking roof was caused by storing of vehicles upon it and that the necessity of building a new roof to stop leakage problems could be avoided this way. Members were also concerned of the recurrent complaints received in respect of the site regarding parking and access. Members questioned why the Council had not followed up the invitation for design negotiation and were informed that the Council had not met to discuss the design, as it was merely the design of the plans that were available for negotiation, and not planning issues such as height.
RESOLVED: That planning application K.13088/6 - Fine Cars (Lee-on-the-Solent) Ltd, Lee-on-the-Solent be refused for the reasons outlined in the report of the Regulatory Services Manager.
118. K.16075 - ERECTION OF A 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), 22 MARINE PARADE EAST, LEE-ON-THE-SOLENT
Members were informed that a further 6 letters of objection had been received since the report was prepared, however no new issues had been raised.
Mrs Potter and Mrs Roast were permitted to address the Board on behalf of the objectors. Mrs Potter made the following points:
· The underground parking proposed would be on unstable ground and would damage the foundations of nearby properties;
· That the geographical plans were misleading and that the height and bulk would overlook neighbours and block out sunlight.
Mrs Roast made the following points:
· That Lee-on-the-Solent seafront had a special character and should be suitably protected;
· That while the walls would be the regulation distance from neighbours, a balcony will extend into that space thus contravening Appendix 12 of the Gosport Borough Council Local Plan;
· That the Gosport Borough Council Local Plan stated that 'no building should be above 3.5 storeys high', the proposed building would be 4.5, irrespective of the height of the building;
· A precedent would be set.
Mr Kamm was permitted to address the Board on behalf of the applicants. Mr Kamm made the following points:
· That his clients had worked closely with the Council and had followed the exacting and rigorous policies/guidelines of the Local Plan;
· That the plans were of high density, but also of high quality;
· The ground had been checked and they were satisfied it was stable, and that a report could be produced for the Board if necessary;
· That the height of the buildings in the plans were in accordance of the Gosport Borough Council Local Plan.
Members expressed concern that the Council seemed to be failing to follow its own Local Plan. Members were informed that the plans were of a careful and thoughtful design intended to minimise the impact on neighbours and that no harm could be demonstrated to be caused, despite the objections raised.
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. 16075 relating to 22 Marine Parade East, Lee-on-the-Solent be deferred pending a site visit to be held prior to the next meeting of the Regulatory Board.
119. K.15660/5 - CHANGE OF USE OF EXISTING BUILDINGS AND ERECTION OF NEW BUILDINGS TO PROVIDE 161no. DWELLINGS, OFFICES (B1a), COMMUNITY OFFICES, COMMUNITY BUILDING (D1), ACCESS, PARKING, AMENITY AREAS AND LANDSCAPING (LISTED BUILDINGS IN CONSERVATION AREA) (as amended by letters dated 17.09.02 and 21.09.02 and plans received 18.09.02 AND 30.09.02), ST GEORGES BARRACKS (SOUTH), MUMBY ROAD, GOSPORT
RESOLVED: That planning application K.15660/5 - St. Georges Barracks (South), Mumby Road, Gosport be approved with the applicant entering into an Agreement under Section 106 of the Town & Country Planning Act 1990, the satisfactory completion of an amended Agreement, under Section 278 of the Town & Country Planning Act 1990 and subject to the conditions as outlined in the report of the Regulatory Services Manager.
120. K.15660/6 - LISTED BUILDINGS APPLICATION - ALTERATIONS TO GYMNASIUM, SERGEANT'S MESS, BARRACK BLOCK AND OLD HOSPITAL, TOGETHER WITH DEMOLITION OF 3no. EXTENSIONS TO OLD HOSPITAL AND RAILINGS TO FACILITATE CONVERSION TO B1 AND C3 USES (LISTED BUILDINGS IN CONSERVATION AREA) (as amended by letters dated 17.09.02 and plans received 18.09.02 and 30.09.02), ST GEORGES BARRACKS (SOUTH) MUMBY ROAD, GOSPORT
RESOLVED: That Listed Building Consent K.15660/6 - St. Georges Barracks (South), Mumby Road, Gosport be granted subject to the conditions set out in the report of the Regulatory Services Manager.
121. K.15650/3 - HIGHWAY AND INFRASTRUCTURE WORKS ASSOCIATED WITH FUTURE MIXED EMPLOYMENT DEVELOPMENT (AERODROME ROAD) (as amended by plans received 02.09.02, 05.09.02 and 28.10.02), LAND ADJOINING (FRATER GATE) FAREHAM ROAD, GOSPORT
Consideration was given to planning application K.15650/3 Land Adjoining (Frater Gate), Fareham Road, Gosport.
Members expressed concern that pedestrian lights would increase the traffic problems at this junction. Members were informed that the pedestrian lights would be phased with the traffic lights such that they would incur no significant increase in traffic congestion. However congestion would likely increase at the junction due to traffic generated by the new development and the various other developments already permitted in the town centre area. Members were further informed that congestion could be reduced further north on the A32 as the proposed industrial development at Frater Gate would provide local employment opportunities and reduce the need for residents to commute off the peninsula. Members considered that for safety reasons and for the "long-term" a footbridge was the better option. A suggestion was made by the Officer that a letter be written to the Defence Estates informing the applicant of a future requirement for a footbridge.
RESOLVED: That -
i. Planning application K.15650/3 - Land Adjoining (Frater Gate) Fareham Road, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager; and
ii. A letter be written by the Officer informing the applicant of a future requirement for a footbridge.
122. K.16068 - ERECTION OF AMATEUR RADIO AERIAL IN REAR GARDEN (as amplified by letter dated 31.07.02 and amended by plans received 30.08.02 and 20.09.02), 30 MARTELLO CLOSE, GOSPORT
RESOLVED: That planning application K.16068 - 30 Martello Close, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager.
123. K.16140 - DETAILS PURSUANT TO K.15500 - CONVERSION OF FORMER BARRACK BUILDINGS AND CONSTRUCTION OF 5no. TWO STOREY BUILDINGS TO PROVIDE 81no. 'AFFORDABLE HOUSING' UNITS, TOGETHER WITH CAR PARKING AND LANDSCAPING WORKS (as amended by plans received 16.10.02and 24.10.02 and letter dated 18.10.02), ST GEORGES BARRACKS (NORTH), WEEVIL LANE, GOSPORT
Members were informed that additional plans had been received relating to landscape works, lighting and footpaths on 28.10.02 following publication of the agenda, and that these superseded those dated 16.10.02.
RESOLVED: That planning application K.16140 - St. Georges Barracks (North), Weevil Lane, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager.
124. K.16140/1 - LISTED BUILDING APPLICATION - CONVERSION AND ALTERATION OF FORMER BARRACK BUILDINGS TO PROVIDE RESIDENTIAL ACCOMODATION (CONSERVATION AREA) (as amplified by plans received 24.10.02 and letter dated 18.10.02), ST. GEORGES BARRACKS (NORTH), WEEVIL LANE, GOSPORT
RESOLVED: That Listed Building Consent K.16140/1 - St. Georges Barracks (North), Weevil Lane, Gosport be granted subject to the conditions set out in the report of the Regulatory Services Manager.
125. K.16160 - DETAILS PURSUANT TO K.15000/1 - ERECTION OF 30 no. DWELLINGS (PHASE 3 - PLOTS 240-269) (as amended by letter dated 15.10.02 and plans received 28.10.02), LAND EAST OF CHERQUE FARM, LEE-ON-THE-SOLENT
RESOLVED: That planning application K.16160 - 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.
126. K.16020/1 - ERECTION OF TWO STOREY SIDE EXTENSION, CONVERSION OF GARAGE TO ANCILLARY LIVING ACCOMMODATION AND ERECTION OF FIRST FLOOR BALCONY (as amplified by plans received 20.09.02), 1 SOVEREIGN AVENUE, GOSPORT
RESOLVED: That planning application K.16020/1 - 1 Sovereign Avenue, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager.
127. K.16150/2 - DETAILS PURSUANT TO K.15500 - CONVERSION OF FORMER SLAUGHTERHOUSE TO BAR/RESTAURANT (LISTED BUILDING IN CONSERVATION AREA), ROYAL CLARENCE YARD, WEEVIL LANE, GOSPORT
RESOLVED: That planning application K.16150/2 - Royal Clarence Yard, Weevil Lane, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager.
128. K.16150/1 - LISTED BUILDING APPLICATION - CONVERSION OF FORMER SLAUGHTERHOUSE TO BAR/RESTAURANT (CONSERVATION AREA) (as amended by plan received 18.10.02), ROYAL CLARENCE YARD, WEEVIL LANE, GOSPORT
RESOLVED: That Listed Building Consent K.16150/1 - Royal Clarence Yard, Weevil Lane, Gosport be granted subject to the conditions set out in the report of the Regulatory Services Manager.
129. K.15833/2 - ERECTION OF INDUSTRIAL BUILDING (SITE B) ASSOCIATED ACCESS AND PARKING OFF HERITAGE WAY (as amplified by letter dated 24.09.02 and amended by plans received 25.09.02), LAND ADJACENT FORT BROCKHURST, HERITAGE WAY, GOSPORT
RESOLVED: That planning application K.15833/2 - Land Adjacent Fort Brockhurst, Heritage Way, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager.
130. K.16081 - ERECTION OF FIRST FLOOR REAR EXTENSION (as amended by plans received 23.09.02), 8 CLANWILLIAM ROAD, LEE-ON-THE-SOLENT
RESOLVED: That planning application K.16081 - 8 Clanwilliam Road, Lee-on-the-Solent be approved subject to the conditions set out in the report of the Regulatory Services Manager.
131. K.16180 - ERECTION OF 18 METRE HIGH LIGHTWEIGHT LATTICE TELECOMMUNICATIONS TOWER, 6 ANTENNA, 2 MICROWAVE DISHES AND EQUIPMENT CABINETS (as amended by plans received 18.10.02), HMS DAEDALUS, LEE-ON-THE-SOLENT
It was reported that following public advertisement 14 letters of objection and 1 petition of objection (containing 10 signatures) had been received which raised the following issues -
· Detrimental to visual amenity of residents by reason of:
· Flashing red light
· Unacceptable height and visibility
· Lattice mast more intrusive than pole
· Detrimental impact on Daedalus Conservation Area
· Concern expressed about health hazards
· Detrimental to residential amenity by reason of:
· Interference with television and radio reception
· Mast and light may be visible from ground and first floor windows of some local houses in local area
· Mast would be visually unacceptable from viewpoint on coastline and sea
· Tower hazardous to flying activities
· No consultation with Fareham Borough Council
· Tower would put-off visitors to Lee-on-the-Solent - detrimental to tourism
· Detrimental impact on proposed new housing within Daedalus site
· Visual intrusion would be increased should existing buildings/trees in Daedalus be demolished
· No alternative sites within Daedalus have been evaluated
· Justification demonstrated by predictive reception plot maps not actual performance problems
· Reduction in council Tax to be sought if mast approved
Members were informed that the visual impact of the mast was minimal to non-existent. Members were also informed that a Certificate of Compliance had been provided for the mast and that health issues were therefore not a concern. Members were also made aware that a larger mast existed at the Coastguard station, and that consequently the impact of the mast on the coastline was negated.
RESOLVED: That planning application K.16180 - HMS Daedalus, Lee-on-the-Solent be approved subject to the conditions set out in the report of the Regulatory Services Manager.
132. K.8816/9 - REGULATION 3 - ERECTION OF 8no. 15 METRE HIGH REPLACEMENT FLOOD LIGHTING COLUMS WITHIN FOOTBALL GROUND ENCLOSURE, PRIVETT PARK, PRIVETT ROAD, GOSPORT
RESOLVED: That planning application K.8816/9 - Privett Park, Privett Road, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager.
133. K.13116/1 - ERECTION OF A DETACHED DWELLING (as amplified by letter dated 31.07.02 and plans received 05.09.02), LAND ADJOINING 14 MOUNTBATTEN CLOSE, GOSPORT
RESOLVED: That planning application K.1311/1 - Land Adjoining 14 Mountbatten Close, Gosport be approved with the applicant entering into an Agreement under Section 106 of the Town & Country Planning Act 1990 and subject to the conditions as outlined in the report of the Regulatory Services Manager.
134. K.513/1 - ERECTION OF REAR DORMER WINDOW (as amended by plans received 14.10.02), 26 VIRGINIA PARK ROAD, GOSPORT
Members attention was drawn to a typing error in paragraph 5.1 of the report - it should refer to the Party Wall Act.
RESOLVED: That planning application K.513/1 - 26 Virginia Park Road, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager.
135. K.5911/4 - CHANGE OF USE FROM PRESBYTERY TO COMMITTEE ROOM AND 2no. FLATS (as amplified by letter dated 25.09.02), 23 FISHER ROAD, GOSPORT
RESOLVED: That planning application K.5911/4 - 23 Fisher Road, Gosport be approved with the applicant entering into an Agreement under Section 106 of the Town & Country Planning Act 1990 and subject to the conditions as outlined in the report of the Regulatory Services Manager.
136. K.16175 - ERECTION OF SIDE DORMER WINDOW, 20 BRIDGEMARY ROAD, GOSPORT
RESOLVED: That planning application K.16175 - 20 Bridgemary Road, Gosport be approved subject to the conditions set out in the report of the Regulatory Services Manager.
137. CHERQUE FARM - AREAS 2-6 LANDSCAPING SCHEME FOR NON-CAR TRANSPORTATION CORRIDOR
Councillor Kimber, as Ward Councillor, was permitted to address the Board. Councillor Kimber stated that -
· The current screen of trees and brush would act as a screen from the noise, dust and grime of the proposed building development;
· That no clear reason had been given for removing these bushes which provided a source of habitation for wildlife, such as Sand Martins and Foxes;
· That the effect of destroying the trees should be considered even though they were not relevant to planning law.
Members were informed that the existing tree/shrub screen had been implemented to protect the existing residential area from the environmental effects of the gravel extraction and fill operations. This screen was inappropriate in a situation where residential development was to occupy the lands on both sides of the footpath/bridleway. The proposed landscape planting was designed to be in keeping with this residential development and to provide a well planned amenity facility for residents and other users of the path. Following public advertisement of the scheme, no written observation or objections had been received.
RESOLVED: That the landscaping arrangements at Cherque Farm be approved pursuant to additional condition 01(b), (c) & (d) of outline planning permission K.15000/1 in respect of the NCTC adjacent to Areas 2 - 6 of the development.
138. REVIEW OF PLANNING MATTERS DELEGATED TO DIRECTOR OF DEVELOPMENT AND ENVIRONMENT
Consideration was given to a report of the Director of Development and Environment (a copy of which is included in the Minute Book as Appendix A).
Mr Bell was permitted to ask the Board the following questions;
· Can we be assured that an application will not appear on the list of delegated items before the expiry date for objections?
· Appendix B para 6.1.1 (ii) of the attached report implies that any Councillor can insist on the application being determined by the Board. But para's 2.3 and 2.4 of the main paper refers to a Councillor being able to request determination by the Board. Is request the right word? A request can be granted, but it can also be denied.
· Appendix B para 6.1.1 (ii) of the attached report refers to "objections". Now that it is proposed that officers may refuse as well as approve applications should not "letters in support" be added to "objections"?
The Chairman gave the following answers:
· The Local Planning Authority never determines applications until the expiration of the public consultation period, therefore such assurances were given.
· Appendix B of the attached report was clear on this matter. Officers were recommending that should a Councillor require an application to be referred to the Board for determination, then that was sufficient to ensure that it was so referred. There was no suggestion that anyone should or could deny such a requirement.
· At present "letters in support" would not mean inclusion in the list but, if members wished, they could consider amending the wording and meaning of that paragraph.
Members felt that the wording in paragraph 6.1.1 of Appendix B of the attached report should be altered from "should" to must" and that "objections" should be replaced with "representations". Members also requested that a clarification of what constituted a "written" request be included. A suggestion was made that the proposal could be adopted for a trial period of six months.
RESOLVED: That the Board recommends to the Policy and Organisation Board -
i. The revisions to section 6.1 of the Scheme of Delegation to Officers as set out in Appendix B of the attached report subject to the changes and recommendations above;
ii. That in respect of applications where objections have been received, the period for written notice by any Member requesting an application be determined by the Regulatory Board, should be within 5 working days from the receipt of written notification that such an application is to be determined under delegated powers; and
iii. That the scheme would be reviewed after a trial period of 6 months.
139. IMPLEMENTATION OF THE VEHICLES (CRIME) ACT 2001 AND THE MOTOR SALVAGE OPERATORS REGULATIONS 2002
Consideration was given to a report of the Regulatory Services Manager (a copy of which is included in the Minute Book as Appendix B).
RESOLVED: That -
i. the Regulatory Board notes the content of the report and recommends that the report is submitted to the Policy and Organisation Board with a recommendation for adoption;
ii. a registration fee of £50.00 for inclusion on the Motor Salvage Operators Register is implemented;
iii. whilst no fee is charged for the public to view the Motor Salvage Operators Register, a fee of £10.00 is implemented for certified copies of the register;
iv. inclusion of persons onto the Motor Salvage Operators Register is delegated to the Regulatory Services Manager;
v. the Regulatory Board will determine those applications for inclusion on the register were the applicants ability to meet the criteria of fit and proper persons are in doubt; and
vi. the Regulatory Board will determine all recommendations for removal of persons from the register.
140. EXCLUSION OF THE PUBLIC
RESOLVED: That under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the undernoted item of business on the grounds that IT involved the likely disclosure of exempt information as defined in Paragraphs 4 and 7 of Part 1 of Schedule 12(A) of the Act.
141. APPLICATION FOR A DOOR SECURITY REGISTRATION
Consideration was given to an exempt report of the Director of Development and Environment (a copy of which is inserted in the Minute Book as Appendix C) in connection with an application for a Door Security Registration.
RESOLVED: That the application for a Door Security Registration be approved but that the applicant be made aware of the criteria for retaining a Licence.
Chairman
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