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12 09 2006

 
A MEETING OF THE REGULATORY BOARD
 
WAS HELD ON 12 SEPTEMBER 2006
 
The Mayor (Councillor Mrs Cully) (ex-officio), Chairman of Policy and Organisation Board (Councillor Hook) (ex-officio), Councillors Carter (P), Chegwyn (P), Clinton (P), Farr, Foster (P), Hicks (P), Smith (P), Taylor (P), Train (P) and Ward (P).
 
 
It was reported that, in accordance with Standing Orders, notice had been received that Councillor Davis would replace Councillor Farr for this meeting.
 
 
76
APOLOGIES
 
 
Apologies for inability to attend the meeting were received from the Mayor (Councillor Mrs Cully) and Councillor Farr.
 
 
77
DECLARATIONS OF INTEREST
 
 
Councillor Train declared an interest in Item 6/05 (K17054/1 – 3 Rowallan Avenue) and Councillor Carter declared interests in Item 6/07 (K9913/61 – Fort Blockhouse) and Item 6/09 (K15450/2 – Submarine Museum).
 
 
78
MINUTES
 
 
RESOLVED:  That the Minutes of the Regulatory Board meeting held on 15 August 2006 be approved and signed by the Chairman as a true and correct record.
 
 
79
DEPUTATIONS
 
 
It was reported that deputations had been received on applications:
  • K16506/3 – Christchurch Community Centre
  • K17159/1 – 2 Milvil Road
  • K16747/1 – 14 Diana Close
  • K8024/2 – Land to rear of 172 Brockhurst Road
 
 
80
PUBLIC QUESTIONS
 
 
No public questions had been received.
 
 
PART II
 
 
81
REPORT OF THE DEVELOPMENT SERVICES MANAGER
 
 
The Development 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 decisions be taken on each application for planning consent as detailed below:
 
 
82
K16506/3 – ERECTION OF FOUR STOREY BUILDING TO INCLUDE GROUND FLOOR COMMUNITY CENTRE AND 6NO TWO BEDROOMED FLATS (CONSERVATION AREA) (as amended by letter dated 07.08.06 and plans received 30.08.06)
 
Christchurch Community Centre  Avenue Road  Gosport  Hampshire      
 
 
Additional drawings of the proposed development and application site were distributed to Members. Officers confirmed that in paragraph 2 of The Site and the Proposal, that whilst part of Cray House was three stories in height, some of the building was five stories high.
 
 
In accordance with Standing Orders, Mr Charnley (15 Avenue Road) made a deputation to the Board. Mr Charnley discussed several issues, which were as follows; the possibility of additional parking problems, the infringement of privacy from overlooking windows, the length of time the development would take to complete, the location of the application site being within a conservation area, and the removal of an historic building front in favour of a modern block of flats.
 
 
Mrs O’Toole, the warden at Christchurch church, was invited to address the Board. Mrs O’Toole felt that the objections had been covered in the report of the Development Services Manager and added that the church community considered the proposal to blend in well with the surrounding area. She informed Members that the community centre would close on 30 September regardless of whether planning permission was granted, and that in her opinion upkeep of the building had become untenable. Members were also informed that youths currently frequented the area behind the community centre.
 
 
It was clarified by officers that no letters of objection had been received from the immediate neighbours nor had they signed the submitted petition. Members were concerned that 4 storeys would be too large a development, acknowledging the effect on resident’s amenities and loss of light to the north as considerations. Members therefore considered that a site visit would assist them in making a decision on this application.
 
 
RESOLVED:  That planning application K16506/3 – Christchurch Community Centre Avenue Road Gosport be deferred for a site visit.
 
 
83
K16506/4 - CONSERVATION AREA APPLICATION - DEMOLITION OF EXISTING CHURCH COMMUNITY CENTRE
 
Christchurch Community Centre  Avenue Road  Gosport  Hampshire  PO12 1JQ
 
 
This Conservation Area application relates to the previous application and therefore consideration should be deferred until the site visit has taken place.
 
 
RESOLVED: That Conservation application K16506/4 – Christchurch Community Centre Avenue Road Gosport be deferred for a site visit.
 
 
84
K17159/1 – CONVERSION OF EXISTING BUILDING AND ADDITION OF A NEW FLOOR TO CREATE 7 FLATS WITH RESTAURANT (A3) AND RETAIL (A1) USE AT GROUND FLOOR (as amplified by e mail dated 31.08.06)
 
2 Milvil Road  Lee-On-The-Solent  Hampshire  PO13 9LX       
 
 
Members were informed that an additional letter of objection had been received in which one new issue had been raised regarding provision for the parking of delivery lorries to service the development. Questions over the legal right of access had also been raised and it was confirmed by the agent that the applicant did own the land to the rear of the garage where the cycle racks were proposed to be built and that there were no private rights of way.
 
 
In accordance with Standing Orders, Jim Evans (117a High Street, Lee) made a deputation to the Board. Mr Evans applauded the initiative in aiming to develop the application site but there were several issues which concerned him, which were as follows; the ownership of the land at the intended cycle storage location and the resultant impediment to residents using the path, the lack of off-road parking and the subsequent parking of lorries on double yellow lines, the structural integrity of the party-wall, that the balustrades appeared to extend around the entire roof subsequently impacting on the privacy of the opposite bungalows, lack of refuse storage facilities, confusion over whether the A3 usage would be a restaurant or a café and finally that the ingress and egress to 185 High Street did not belong to the applicant.
 
 
Officers clarified that issues of land registry, rights of way, and the party-wall act were private legal matters and not planning issues. Members were advised that although provision for parking was very limited in the area, this was a designated principal shopping centre and the development was limited in effect to subdivision of the existing authorised flats on the first and second floors and a single additional flat of the new third floor. With maximum parking standards being applicable, there was not expected to be any significant increased need for off-road parking as a result of the development. Members were informed the proposed balcony on the roof associated with the new flat was limited in dimensions and that the majority of the roof was a pitched roof and not a balustrade as it may have been misinterpreted from the drawings. It was noted that there would be no additional loss of privacy to the bungalows opposite as a result of the extra 3rd floor flat and that non A1 usage within the shopping centre was less than the limitations suggested within Policy R/S4 of the Local Plan.
 
 
The Applicant had been invited to the meeting to respond to the Deputation but was not in attendance.
In light of the issues brought to their attention, Members felt it was necessary to defer the application in order to conduct a site visit.
 
RESOLVED:  That planning application K17159/1  – 2 Milvil Road  Lee-On-The-Solent be deferred for a site visit.
 
 
85
K16747/1 - ERECTION OF OUTBUILDING TO EXTEND EXISTING BOARDING CATTERY
 
14 Diana Close  Gosport  Hampshire  PO12 2RJ
 
 
In accordance with Standing Orders, Kate Turner (42 Charlesbury Avenue) made a deputation to the Board. Ms Turner referred to the following issues; that the siting of the original cattery building appeared to be further forward than originally planned, the removal of the tree line in order to accommodate the expansion, and light pollution. She also questioned the suitability of having a cattery of this size in an urban environment and stated that the badgers that originally lived there had now moved elsewhere.
 
 
Officers informed Members that the position of the approved cattery had been investigated and was found to be in the correct location. Members were advised that each application must be considered on its own merits, that a precedent of a cattery use had already been established on the site and that the decision to be made was on the proposed extension to the cattery. It was noted that the badger entrance point had been retained and would not be affected by the proposal and that there had also been some evidence of habitation recently.
 
 
Mr Reed, the applicant, was invited to address the Board. Photographs of the application site were distributed to Members. Mr Reed said that the spillage of light was not directional and that he was looking at a new system of lighting for the proposed extension. Mr Reed maintained that there were a number of badgers and foxes living in the area and that disturbance resulting from the cattery had been kept to a minimum in respect of their neighbours.
 
 
Members were advised that a Section 106 agreement was already in place to control the number and timing of visitors to the cattery and no complaints about the cattery had been received by Environmental Health or Traffic. Officers clarified the height of the proposed building in relation to the existing boundary fence and advised that light pollution was not a significant issue in this instance. In answer to a question, officers confirmed that no objections had been received from residents in Diana Close. In response to a request from Members, it was agreed by the applicant that he would address any problem of light pollution in consultation with Ms Turner. 
  
RESOLVED:  That  planning application K16747/1 – 14 Diana Close  Gosport be approved subject to the conditions set out in the report of the Development Services Manager, for the following reason:
 
 
i
That having regard to the provisions of Section 38(6) of the Planning and Compulsory Purchase Act 2004 and all other material considerations, it is considered that the development is acceptable in this location and will not be significantly harmful to the amenities of adjoining residents or traffic/parking conditions in the locality.  As such, the development complies with Policies R/DP1 and R/T11 of the Gosport Borough Local Plan Review.
 
 
86
K17054/1 - ERECTION OF THREE DETACHED DWELLINGS (as amended by plans received 29.08.06)
 
3 Rowallan Avenue  Gosport  Hampshire  PO13 9RE
 
 
Note: Councillor Train declared a personal and prejudicial interest in this item, left the room and took no further part in the discussion or voting thereon.
 
 
Members were advised that Building Control had responded by stating that fire service access was satisfactory. It was also noted that with regard to paragraph 7 of Principal Issues, there had been no further accidents in the immediate vicinity of the application site and the nearest recent accident had occurred on Buxey Road which was some distance away.
 
 
Some Members were concerned that the development would be hazardous to traffic, even with the extra highway conditions denoted in Principle Issues paragraph 7.
 
 
RESOLVED: That planning application K17054/1 – 3 Rowallan Avenue  Gosport 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 the implementation of a traffic regulation order and subject to the conditions set out in the report of the Development Services Manager, for the following reason:
 
 
i
That having regard to the provisions of Section 38(6) of the Planning and Compulsory Purchase Act 2004 and all other material considerations, the development as proposed is acceptable in this location and will not have any significant detrimental impact on the amenities of adjoining and prospective residents or highway safety.  As such, the proposal complies with Policies  R/DP1, RT11 and R/OS8 of the Gosport Borough Local Plan Review.
 
 
87
K17166/1 - ERECTION OF TWO STOREY BUILDING CONTAINING 2NO. ONE BEDROOM FLATS (as amended by plans received 25.08.06 and 30.08.06)
 
Land To The Side Of   1 St Edwards Terrace  Forton Road  Gosport  Hampshire
 
 
Members felt the proposal would improve the appearance of this untidy area.
 
 
RESOLVED:  That planning application K17166/1 – Land To The Side Of   1 St Edwards Terrace  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 Development Services Manager, for the following reason:
 
 
i.
That having regard to the provisions of Section 38(6) of the Planning and Compulsory Purchase Act 2004 and all other material considerations, the development as proposed is acceptable in this location. It is of an appropriate design and will not have any detrimental impact on the visual amenities of the area, adjoining and prospective residents or highway safety. As such the proposal complies with Policies R/DP1, R/DP7, R/H4, R/T11, R/ENV1 and R/OS8 of the Gosport Borough Local Plan Review.
 
 
88
K9913/61 - REPROVISION OF FACILITIES AT JOINT SERVICES ADVENTUROUS SAIL TRAINING CENTRE COMPRISING BOAT SHED AND OFFICES/TRAINING CENTRE (CONSERVATION AREA)(as amended by plans received 02.06.06, 10.08.06 and 23.08.06; Report on Assessment of Significance of Boat Shed received 09.06.06; Flood Risk Assessment and Land Quality Assessment received 27.06.06;  Archaeological Desk Based Assessment recieved 03.07.06; and letter received 27.07.06)
 
Fort Blockhouse  Dolphin Way  Gosport  Hampshire  
 
 
Note: Councillor Carter declared a personal and prejudicial interest in this item, left the room and took no further part in the discussion or voting thereon
 
 
RESOLVED:  That planning application K9913/61 – Fort Blockhouse  Dolphin Way  Gosport  Hampshire be approved subject to the conditions set out in the report of the Development Services Manager, for the following reason:
 
 
i.
The development is for the reprovision of existing MOD facilities which will preserve and enhance the conservation area and through appropriate mitigation measures will not have an adverse impact on water quality, controlled waters or human health, or on any features of archaeological importance.  It does not pose an increased risk to people and property as a result of flooding or a hazard to highway safety.  As such the development complies with Policies R/MOD1, R/BH1, R/BH2, R/BH8, R/OS10, R/OS11, R/ENV1, R/ENV2, R/ENV5, R/ENV1 and R/T11.
 
 
89
K15833/16 - ERECTION OF TWO STOREY BUILDING TO FORM DAY CARE NURSERY (CLASS D1) AND OFFICES (CLASS B1) AND ASSOCIATED CAR PARK - SITE E2 (as amended by letters dated 28.06.06, 04.07.06, 07.07.06, 31.07.06 and 10.08.06 and plans received 10.07.06 and 11.08.06)
 
Land Adjacent To Fort Brockhurst  Heritage Way  Gosport  Hampshire   
 
 
RESOLVED:  That planning application K15833/16 – Land Adjacent To Fort Brockhurst Heritage Way Gosport be approved subject to a Section 106 agreement relating to the payment of a commuted sum towards the provision of a traffic regulation order and subject to the conditions set out in the report of the Development Services Manager, for the reason listed below.
 
 
i
That having regard to the provisions of Section 38(6) of the Planning and Compulsory Purchase Act 2004 and all other material considerations, the proposal is acceptable in this location and will not be harmful to the economic vitality and viability of Heritage Business Park or the Borough of Gosport.  The proposals will not be detrimental to the visual appearance of the area, or the setting of Fort Brockhurst Ancient Monument, or traffic conditions in the locality, or existing groundwater conditions, or MOD safeguarding interests, or the interests of nature conservation.  As such the development complies with Policies R/DP1, R/DP6, R/BH8, R/EMP1, R/EMP3, R/EMP7, R/CF5, R/T2, R/T3, R/T10, R/T11, R/OS13, R/ENV2, R/ENV4, R/ENV5 and R/ENV9 of the Gosport Borough Local Plan Review.
 
 
90
 
K15450/2 - ERECTION OF MARQUEE TO HOUSE SUBMARINE ARTEFACTS (CONSERVATION AREA) (as amplified by letters dated 21.08.06, 24.08.06 and amended by plans received 25.08.06)
 
Submarine Museum   Haslar Road  Gosport  Hampshire 
 
 
Note: Councillor Carter declared a personal and prejudicial interest in this item, left the room and took no further part in the discussion or voting thereon
 
 
RESOLVED:  That planning application K15450/2 – Submarine Museum   Haslar Road  Gosport be approved subject to the conditions set out in the report of the Development Services Manager, for the following reason:
 
 
i
That having regard to the provisions of Section 38(6) of the Planning and Compulsory Purchase Act 2004 and all other material considerations, the siting of the marquee is acceptable in this location, it will not be detrimental to the visual amenities of the area or highway safety and will preserve the character and appearance of the Conservation Area. As such the proposal complies with Policies R/DP1, R/BH1 and R/T11 of the Gosport Borough Local Plan Review.
 
 
91
K13789/22 - INSTALLATION OF A 20 TON STATIC CRANE AT THE QUAYSIDE FOR LIFTING BOATS
 
Gosport Marina  Mumby Road  Gosport  Hampshire    
 
 
RESOLVED: That planning application K13789/22 – Gosport Marina  Mumby Road  Gosport be approved subject to the conditions set out in the report of the Development Services Manager, for the following reason:
 
 
i
That having regard to the provi, sions of Section 38(6) of the Planning and Compulsory Purchase Act 2004 and all other material considerations, the development is acceptable in this location and will enhance the existing marina facility.  It will not be detrimental to the visual amenities of the area or issues of nature conservation. As such the proposal complies with Policies R/DP1, R/CH1, R/CH2, R/OS10 and R/OS11 of the Gosport Borough Local Plan Review.
 
 
92
K7898/15 - REGULATION 3 - ERECTION OF CCTV SURVEILLANCE SYSTEM ON 6 METRE HIGH COLUMN
 
Northcott House   Northcott Close  Gosport  Hampshire  PO12 2PP
 
 
RESOLVED: That planning application K7898/15 – Northcott House   Northcott Close  Gosport be approved subject to the conditions set out in the report of the Development Services Manager, for the following reason:
i
That having regard to the provisions of Section 38(6) of the Planning and Compulsory Purchase Act 2004 and all other material considerations, the development as proposed is acceptable in this location and will not have a detrimental impact on the amenities of the area.  As such, the proposal complies with Policy R/DP1 of the Gosport Borough Local Plan Review.
 
 
93
K8493/24 – UPGRADE EXISTING EQUIPMENT TO INCLUDE INSTALLATION OF 3NO ANTENNAE ON EXISTING STUB TOWER ON ROOF (CONSERVATION AREA)
 
Town Hall   High Street  Gosport  Hampshire  PO12 1EB 
 
 
Members were informed that a government licensing requirement provided that all redundant equipment had to be removed and therefore when the analogue antenna were no longer required these would be removed from the stub tower.
 
 
RESOLVED:  That planning application K8493/24 – Town Hall   High Street  Gosport be approved subject to the conditions set out in the report of the Development Services Manager, for the following reason:
 
 
i.
That having regard to the provisions of Section 38(6) of the Planning and Compulsory Purchase Act 2004 and all other material considerations, the development as proposed will have a neutral effect on the character and appearance of the Conservation Area and as such complies with Policies R/DP1, R/BH1 and R/ENV13 of the Gosport Borough Local Plan Review.
 
 
94
K8024/2 – ERECTION OF SINGLE STOREY EXTENSION TO EXISTING WORKSHOP AND GARAGE TO CREATE A DETACHED TWO BEDROOM BUNGALOW (EXISTING ACCESS FROM WEYMOUTH AVENUE) (as amplified by letter dated 08.08.06)
 
Land To Rear Of 172 Brockhurst Road  Gosport  Hampshire  PO12 3BB         
 
 
Members were informed that an extra letter of objection had been received in which no new issues had been raised. The Board was advised that an amended plan had been received on 04.09.2006 excluding part of the original application site. It was also noted that the Section 106 agreement had yet to be signed, and therefore an additional reason for refusal was required on the basis of unsatisfactory provision of outdoor playing space. 
 
 
Mr Weymes addressed the Board as the agent in support of the application and tabled an amended layout drawing. He explained that the proposal had been motivated by the disability of the applicant (Mrs Baker) and that the workshop already in place would provide a soundly built bungalow with disabled access. Mr Weymes felt that problems relating to the rear accessway could be easily rectified by a turning facility in the forecourt and that fire guards and sprinklers would offset any further concerns with the unsatisfactory fire service access. Mr Weymes stated that cycle storage was adequate, building materials were appropriate to the design and problems relating to the Section 106 agreement could be easily resolved. He asked that Members approve or defer the application subject to improvements being made to the accessway.
Members were advised that they could only consider the proposal that was before the Board and that the fire authority were unable to accept responsibility for any delay in reaching the site in the event of a fire. Members agreed that the accessway was unsuitable as the primary means of access to the proposed dwelling.
 
 
RESOLVED:  That planning application K8024/2 – Land To Rear Of 172 Brockhurst Road  Gosport be refused for the reasons listed below. The Board also authorised the Borough Solicitor to enter into a Section 106 agreement relating to the payment of a commuted sum towards the provision and/or improvement of outdoor playing space so that this would not be an issue in the event of an appeal against the refusal of planning permission.:
 
 
i
The proposed development, by reason of its location and design, would result in an undesirable form of backland development, out of keeping with the established character of the locality and detrimental to the appearance of the area and the amenities of occupiers of nearby dwellings contrary to Policy R/DP1 of the Gosport Borough Local Plan Review.
 
 
ii
The rear accessway intended to serve the proposed development does not provide adequately for vehicles to manoeuvre, load and unload in a safe and convenient manner appropriate to a principal means of access and is of inadequate width to maintain safe and convenient passage for pedestrians and cyclists, contrary to Policies R/DP1, R/T3 and R/T11 of the Gosport Borough Local Plan Review.
 
 
iii
No provision is made within the proposed development for secure long stay and short stay cycle parking facilities contrary to Policy R/T11 of the Gosport Borough Local Plan Review.
 
 
iv
Additional Reason for Refusal
 
The proposal does not make satisfactory provision for outdoor playing space, contrary to Policy R/OS8 of the Gosport Borough Local Plan Review.
 
 
 
 
 
The meeting commenced at 6.00pm and concluded at 7.34pm
 
 
CHAIRMAN
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