A MEETING OF THE REGULATORY BOARD
WAS HELD ON 17 SEPTEMBER 2002
Chairman of the Policy and Organisation Board (Councillor Cully) (ex-officio); Councillors Mrs Angus (P), Mrs Binfield (P), Carr (P), Edwards (P), Mrs Elshaw (P), Farr (P), Hayward (P), M Russell (P), Searle (P), Taylor (P)
[It was reported, that in accordance with Standing Orders, Councillors Mrs Binfield, Mrs Elshaw and M Russell had been nominated to replace Councillors Train, Gill and Smith for the meeting].
75. APOLOGY
An apology for inability to attend the meeting was submitted on behalf of Councillor Cully.
76. MINUTES
RESOLVED: That the Minutes of the meeting of the Regulatory Board held on 13 August 2002 be approved and signed by the Chairman as a true and correct record.
77. DEPUTATIONS
It was reported that in accordance with Standing Orders 3.5 deputations had been received relating to review of the Hackney Carriage Fare Tariff and; Application For A Private Hire Vehicle Driver's Licence.
78. DEED OF VARIATION TO SECTION 106 AGREEMENT DATED 17 AUGUST 1999 RELATING TO CHERQUE FARM, LEE-ON-THE-SOLENT
A report was considered from the Regulatory Services Manager and the Housing Services Manager (a copy of which is inserted in the Minute Book as Appendix "A"). It informs Members of the need to change the existing 106 Agreement for Cherque Farm, Lee-on-the-Solent so that the funding plan developed by the Housing Services Unit and approved by the Housing Board could be implemented.
RESOLVED: That the Council enters in to a Deed of Variation to secure a mixed tenure development of social housing on terms satisfactory to the Chief Legal Adviser and the Housing Services Manager.
79. APPLICATIONS FOR PLANNING CONSENT
The Director of Development and Environment 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 and as set out in Appendix "B".
80. K.16130 DETAILS PURSUANT TO K.150004/1 - ERECTION OF 25 NUMBERED DWELLINGS (PHASE 2 - PLOTS 188 TO 212) (as amended by plan received 05.09.02) LAND EAST OF CHERQUE FARM, LEE-ON-THE-SOLENT
Consideration was given to planning application K.16130 details pursuant to K.15000/1 -erection of 25 no. dwellings (phase 2 - plots 188 to 212) (as amended by plan received 05.09.02). Land East of Cherque Farm, Lee-on-the-Solent.
RESOLVED: That planning application K.16130 details pursuant to K.15000/1 - erection of 25 no. dwellings (phase 2 - plots 188 to 212) (as amended by plan received 05.09.02) Land East of Cherque Farm, Lee-on-the-Solent, be approved subject to the conditions set out in the report of the Director of Development and Environment.
81. K.16120 DETAILS PURSUANT TO K.15000/1 - ERECTION OF 33 no. DWELLINGS (PHASE 3 - PLOTS 947 - 979) (as amended by plan received 20.08.02) LAND EAST OF CHERQUE FARM, LEE-ON-THE-SOLENT
Consideration was given to planning application K.16120 details pursuant to K.15000/1 -erection of 33 no. dwellings (phase 3 - plots 947 to 979) (as amended by plan received 20.08.02). Land East of Cherque Farm, Lee-on-the-Solent.
RESOLVED: That planning application K.16120 details pursuant to K.15000/1 - erection of 33 no. dwellings (phase 3 - plots 947 to 979) (as amended by plan received 20.08.02) Land East of Cherque Farm, Lee-on-the-Solent, be approved subject to the conditions set out in the report of the Director of Development and Environment.
82. K.16070 ERECTION OF A THREE STOREY BUILDING COMPROMISING GROUND FLOOR SHOP (CLASS A1) AND 2 no. 2 BEDROOM FLATS (CONSERVATION AREA) (as amended by plans received 10.07.02) 16/17 NORTH CROSS STREET, GOSPORT
Consideration was given to planning application K.16070 erection of a three storey building compromising ground floor shop (Class A1) and 2 no. 2 bedroom flats (Conservation Area) (as amended by plans received 10.07.02) 16/17 North Cross Street, Gosport.
RESOLVED: That planning application K.16070 erection of a three storey building compromising ground floor shop (Class A1) and 2 no. 2 bedroom flats (Conservation Area) (as amended by plans received 10.07.02) 16/17 North Cross Street, Gosport, be approved subject to the conditions set out in the report of the Director of Development and Environment.
83. K.16069 CONSERVATION AREA APPLICATION - DEMOLITION OF EXISTING THREE STOREY BUILDINGS (as amended by plans received 10.07.02) 16/17 NORTH CROSS STREET, GOSPORT
Consideration was given to planning application K.16069 Conservation Area Application - demolition of existing three storey buildings (as amended by plans received 10.07.02) 16/17 North Cross Street, Gosport.
RESOLVED: That planning application K.16069 Conservation Area Application - demolition of existing three storey buildings (as amended by plans received 10.07.02) 16/17 North Cross Street, Gosport, be approved subject to the conditions set out in the report of the Director of Development and Environment.
84. K.5299/7 - ERECTION OF 12.5m. HIGH SLIMLINE FLAG STAFF TELECOMMUNICATIONS MAST, SHROUDED ANTENNA AND EQUIPMENT CABINETS (CONSERVATION AREA) (as amplified by letter dated 04.09.02) BUN PENNY P.H., MANOR WAY, LEE-ON-THE-SOLENT
Consideration was given to planning application K.5299/7 - erection of 12.5m. high slim line flag staff telecommunications mast, shrouded antenna and equipment cabinets (Conservation Area) (as amplified by letter dated 04.09.02). Bun Penny P.H., Manor Way, Lee-on-the-Solent.
Following public advertisement, it was reported that three letters of objection had been received to the scheme. The objections related to:
· Harmful radiation in a built up area
· Conservation area
· Residential area
Members were informed that the objections were all material planning considerations although the health issue had not been specified. Despite a letter and a photograph from the applicants explaining that similar masts had been used in a similar location had been submitted, it was felt that the erection of a 12.5m. high slim line flagstaff telecommunications mast was inappropriate in this location.
RESOLVED: That planning application K.5299/7- erection of 12.5m. high slim line flag staff telecommunications mast, shrouded antenna and equipment cabinets (Conservation Area) (as amplified by letter dated 04.09.02) Bun Penny P.H., Manor Way, Lee-on-the-Solent. be refused following the recommendations set out in the report of the Director of Development and Environment.
85. K.14166/4 - REDEVELOPMENT OF EXISTING PILED MOORINGS TO PROVIDE MARINA (165 BERTHS ) WITH POONTOON MOORINGS (as amended by plans received 29.08.02) POG BOATYARD, WEEVIL LANE, GOSPORT
Consideration was given to planning application K.14166/4 - redevelopment of existing piled moorings to provide Marina (165 berths) with pontoon moorings (as amended by plans received 29.08.02) Pog Boatyard, Weevil Lane, Gosport.
Following public advertisement, it was reported that one letter of objection had been received to the scheme. The objections related to:
· Raw sewage will emanate from yachts particularly if larger boats are moored to the pontoons
· Dredging must be deposited in suitable locations
· Conditions should specify the maximum size and type of vessel to be moored
Members were informed that these objections were not relevant to this application as the application was simply a rebuilding of existing facilities and that the berth numbers would not be increased. A licence has been granted for dredging works in relation to the marina.
RESOLVED: That planning application K.14166/4 - redevelopment of existing piled moorings to provide Marina (165 berths ) with pontoon moorings (as amended by plans
received 29.08.02). Pog Boatyard, Weevil Lane, Gosport be approved subject to the conditions set out in the report of the Director of Development and Environment.
86. K.6746/17 - CHANGE OF USE FROM EXISTING CAR PARK TO DISPLAY/RETAIL AREA AND CONSTRUCTION OF ADDITIONAL CAR PARKING AREA (LAND EAST OF ALPHAGE ROAD) (as amended by plans received 06.09.02) THE RANGE, GUNNERS WAY, GOSPORT
Consideration was given to planning application K.6746/17 - change of use from existing car park to display/retail area and construction of additional car parking area (as amended by plan received 06.09.02). (Land East of Alphage Road)
RESOLVED: That planning application K.6746/17 - change of use from existing car park to display/retail area and construction of additional car parking area (as amended by plan received 06.09.02). (Land East of Alphage Road) be approved subject to the conditions set out in the report of the Director of Development and Environment.
87. K.5491/9 - ERECTION OF SINGLE STOREY SIDE EXTENSION, FRONTAGE CANOPY ROOF, ENLARGED REAR DORMER WINDOW (INCREASE NO.OF RESIDENTS FROM 16 TO 18 PERSONS), CAR PARKING AND ENLARGED ENTRANCE (as amended by plans received 06.09.02) 29 BEECH GROVE, GOSPORT
Consideration was given to planning application K.5491/9 - erection of single storey side extension, frontage canopy roof, enlarged rear dormer window (increase no. of residents from 16 to 18 persons), car parking and enlarged entrance (as amended by plans received 06.09.02) 29 Beech Grove, Gosport.
Following public advertisement, it was reported that five letters of objection had been received to the scheme. The objections related to:
· Increase in the number of residents
· Enlargement of the building
· The proposed dormer enlargement will obstruct views and light to 27 Beech Grove
· Likely traffic problems from delivery vehicles
· Increased parking suggests increased use over low number of parked vehicles at present
· Existing car park surfacing is noisy and the layout does not encourage usage - tarmacadam marked out could reduce problems
· The beech tree should not be taken down to allow an increase in parking
Members were informed that the Council Officers were satisfied that the current use of the premises was appropriate in a residential area. The building works were unlikely to overshadow neighbouring buildings to any detrimental extent. The revised car parking layout meets the relevant Local Plan standards and the proposed tarmac surface will overcome current objections relating to noise.
RESOLVED: That planning application K.5491/9 - erection of single storey side extension, frontage canopy roof, enlarged rear dormer window (increase no. of residents from 16 to 18 persons), car parking and enlarged entrance (as amended by plans received 06.09.02) 29 Beech Grove, Gosport be approved subject to the conditions set out in the report of the Director of Development and Environment.
88. K.15777 - ERECTION OF DETACHED HOUSE AND DOUBLE GARAGE TOGETHER WITH SEA WALL (REAR OF 77 PRIORY ROAD) (CONSERVATION AREA) (as amended by letter dated 02.09.02 and plans received 28.08.02) LAND ADJACENT TO 1 CASTLE VIEW, GOSPORT
Members were informed that the report references in paragraph 2.260 K,15777 should be K.15777/1.
Consideration was given to planning application K.15777/1 - erection of detached house and double garage together with sea wall (rear of 77 Priory Road) (Conservation Area) (as amended by letter dated 02.09.02 and plans received 28.08.02). Land adjacent to 1 Castle View, Gosport.
Following public advertisement, it was reported that four letters of objection had been received to the scheme. The objections related to :
· Bulk of two storey property overbearing
· Loss of view
· Loss of light
· Loss of privacy due to balcony
· Suggests building line be moved nearer to road
· Garage will result in pollution and noise
· Traffic generation - existing traffic/parking problems
· Modern building inappropriate given historical context of Hardway
· Precedent for further development along the foreshore
· Slab levels
Members were informed that whilst some of these issues were material planning considerations, none were considered to carry sufficient weight to sustain a recommendation to refuse this application. The principle of the residential development of the site had been established by the earlier outline planning permission (K.15777).
RESOLVED: That planning application K.15777 - erection of detached house and double garage together with sea wall (rear of 77 Priory Road) (conservation area) (as amended by letter dated 02.09.02 and plans received 28.08.02). Land adjacent to 1 Castle View, Gosport be approved subject to the conditions set out in the report of the Director of Development and Environment.
89. K.1422/2 - ERECTION OF FIRST FLOOR REAR EXTENSION (as amplified by letter dated 02.09.02) 29 WESTERN WAY, GOSPORT
Consideration was given to planning application K.1422/2 - erection of first floor rear extension (as amplified by letter dated 02.09.02) 29 Western Way, Gosport.
Following public advertisement, it was reported that one letter of objection had been received to the scheme and one letter of support. The letters related to:
· Loss of direct sunlight in winter months
· Loss of privacy
· Proposed side window within 1 metre of boundary - maintenance / access would be denied
· Plans do not reflect internal changes the owners have made
· 20 year right of light rule
· Drawing No. 142/PO6 is biased towards the application
· Why is there a need for a side window?
· Occupiers of 31 approve of the extension - no detrimental effect, happy for the work to go ahead
Members were informed that most of the objections were not relevant to the planning application. Given the orientation of the property, loss of direct sunlight will be minimal to the adjoining property.
RESOLVED: That planning application K.1422/2 - erection of first floor rear extension (as amplified by letter dated 02.09.02) 29 Western Way, Gosport be approved subject to the conditions set out in the report of the Director of Development and Environment.
90. K.11453/3 - ERECTION OF SINGLE STOREY SIDE/REAR EXTENSION AND CONSERVATORY AND DETACHED SINGLE GARAGE (as amplified by letter dated 14.08.02) 5 CANTERBURY CLOSE, LEE-ON-THE-SOLENT
Consideration was given to planning application K.11453/3 - erection of single storey side/rear extension and conservatory and detached single garage (as amplified by letter dated 14.08.02) 5 Canterbury Close, Lee-on-the-Solent.
Members were advised by the Planning Officer that he wished to change the recommendation following advice from the Chief Legal Adviser. This advice was that the proposed planning obligation could be dealt with by a condition and this was the preferred course of action. Therefore the recommendation was now to grant planning permission subject to the conditions in the report and an additional condition based on the model condition in Circular 11/95.
RESOLVED: That planning application K.11453/3 - erection of single storey side/rear extension and conservatory and detached single garage (as amplified by letter dated 14.08.02) 5 Canterbury Close, Lee-on-the-Solent be granted subject to the following conditions: the extension hereby approved shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as 5 Canterbury Close, Lee-on-the-Solent; and subject to the conditions set out in the report of the Director of Development and Environment.
91. K.16092 - CONSTRUCTION OF ROOF EXTENSION TO FORM GABLE FRONT END AND BALCONY, AND SIDE DORMER WINDOWS, 10 MARINE PARADE EAST, LEE-ON-THE-SOLENT
Consideration was given to planning application K.16092 - construction of roof extension to form gable front end and balcony, and side dormer windows, 10 Marine Parade East, Lee-on-the-Solent.
Following public advertisement, it was reported that two letters of objection had been received to the scheme and one letter of observation had been received. The objections related to:
· East side dormer windows will overlook velux window to landing at 12 Marine Parade East
· Any damage to the adjoining roof should be repaired at the applicant's expense
Members were informed that the dormer windows were small and that they overlooked a velux window on a landing and not into other dormers to habitable rooms. No unacceptable overlooking will occur as a result of the proposal. Members were also informed that any damage sustained during building work was a private legal matter between the applicant and the adjoining owners.
RESOLVED: That planning application K.16092 - construction of roof extension to form gable front end and balcony, and side dormer windows, 10 Marine Parade East, Lee-on-the-Solent be granted subject to the review and conditions set out in the report of the Director of Development and Environment.
92. K.1109/2 - CONVERSION OF EXISTING INTEGRAL GARAGE INTO GRANNY ANNEXE (as amplified by letter dated 22.08.02) 14 ST MARYS AVENUE, GOSPORT
Consideration was given to planning application K.1109/2 - conversion of existing integral garage into Granny Annexe (as amplified by letter dated 22.08.02) 14 St Marys Avenue, Gosport.
Members were advised by the Planning Officer that he wished to change the recommendation following advice from the Chief Legal Adviser. This advice was that the proposed planning obligation could be dealt with by a condition and this was the preferred course of action. Therefore the recommendation was now to grant planning permission subject to the conditions in the report and an additional condition based on the model condition in Circular 11/95.
RESOLVED: That planning application K.1109/2 - conversion of existing integral garage into Granny Annexe (as amplified by letter dated 22.08.02) 14 St Marys Avenue, Gosport, be granted subject to the following conditions: the conversion hereby approved shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as 14 St Marys Avenue, Gosport; and subject to the conditions set out in the report of the Director of Development and Environment.
93. K.12154/2 - ERECTION OF SINGLE STOREY SIDE EXTENSION (CONSERVATION AREA) - 73 PRIORY ROAD, GOSPORT
Consideration was given to planning application K.12154/2 - erection of a single storey side extension (conservation area) - 73 Priory Road, Gosport.
Following public advertisement one letter of objection had been received to the scheme. The objections related to:
· Loss of light
· Loss of privacy
· Impact upon outlook
Members were informed that overlooking/loss of privacy was not an issue with this planning application. Any loss of light would be minimal and not have a significant impact upon the neighbours.
RESOLVED: That planning application K.12154/2 - erection of single storey side extension (conservation area) - 73 Priory Road, Gosport be approved subject to the conditions set out in the report of the Director of Development and Environment.
94. K.16126 - ERECTION OF SINGLE STOREY REAR EXTENSION - 8 KEYES CLOSE, GOSPORT
Consideration was given to planning application K.16126 - erection of single storey rear extension - 8 Keyes Close, Gosport. Following public advertisement one letter of objection had been received. The objections related to:
· Encroachment
· Damage to properties
· Accuracy of drawing annotations
Members were informed that the objections were private legal matters stet to the planning application.
RESOLVED: That planning application K.16126 - erection of single storey extension - 8 Keyes Close, Gosport be approved subject to the conditions set out in the report of the Director of Development and Environment.
95. K.14174/1 - ERECTION OF SINGLE STOREY REAR EXTENSION - 29 BURY CRESCENT, GOSPORT
Consideration was given to planning application K.14174/1 - erection of single storey rear extension - 29 Bury Crescent, Gosport. Following public advertisement one letter of objection had been received. The objections related to:
· Loss of light
· Location of soakaway
· Repair damage to property
Members were informed that this replacement structure would have minimal additional impact on the neighbours. The other two issues were not relevant to the planning application.
RESOLVED: That planning application K.14174/1 - erection of single storey rear extension - 29 Bury Crescent, Gosport be approved subject to the conditions set out in the report of the Director of Development and Environment.
96. K.8350/4 - ERECTION OF FIRST FLOOR REAR ROOF ADDITION AND EXTENSION TO SIDE DORMER WINDOW - 64 SEYMOUR ROAD, LEE ON THE SOLENT
Consideration was given to planning application K.8350/4 - erection of first floor rear roof addition and extension to side dormer window - 64 Seymour Road, Lee on the Solent. Following public advertisement, it was reported that one letter of objection had been received. The objections related to:
· Negative impact upon enjoyment of property and garden
· Creates a "hemmed in" feeling
· De-value property
Members were informed that the reference to property value was not relevant to the planning application. In respect of those other relevant matters, it was considered that a recommendation for refusal of the planning application could not be sustained.
RESOLVED: That planning application K.8350/4 - erection of first floor rear roof addition and extension to side dormer window - 64 Seymour Road, Lee on the Solent be approved subject to the conditions set out in the report of the Director of Development and Environment.
97. K.14317/1 - ERECTION OF TWO STOREY SIDE EXTENSION - 12 ARDEN CLOSE, GOSPORT
Consideration was given to planning application K.14317/1 - erection of two storey side extension - 12 Arden Close, Gosport. Following public advertisement it was reported that one letter of objection had been received to the scheme. The objections related to:
· Loss of light
· Impact upon outlook
· Encroachment
· De-value of property
Members were informed that the extension would have minimal impact in terms of loss of light and outlook. Any encroachment is a private legal issue between the parties concerned. Impact on a property value is not a planning issue.
RESOLVED: That planning application K.14317/1 - erection of two storey side extension - 12 Arden Close, Gosport, be approved subject to the conditions set out in the report of the Director of Development and Environment.
98. K16118 - ERECTION OF REAR DORMER WINDOW - 27 LESTER ROAD, GOSPORT
Consideration was given to planning application K.16118 - erection of rear dormer window - 27 Lester Road, Gosport. Following public advertisement one letter of objection had been received. The objections related to:
· First within street, setting a precedent
· Obtrusive
· Detrimental to the area
Members were informed that the proposal had been considered in relation to Policies BE1 and BE3 of the Local Plan and found to be acceptable in terms of design and its separation distance to properties to the rear.
RESOLVED: That planning application K.16118 - erection of rear dormer window - 27 Lester Road, Gosport, be approved subject to the conditions set out in the report of the Director of Development and Environment.
99. REVIEW OF HACKNEY CARRIAGE FARE TARIFF
A report was considered from the Director of Development and Environment (a copy of which is inserted in the Minute Book as Appendix "C") which advised the Regulatory Board of the increase of Hackney Carriage Fares Tariff calculated for the period 2002/03 and options in relation to this increase.
In accordance with Standing Order 3.5, Mr Spencer was permitted to address the Board on behalf of local taxi drivers. Mr Spencer made the following points:
· He is happy with the formula created to regulate fare tariff increases by Council offices.
· Due to an increase in the initial standing charges, it appears that the percentages are too high - this is not the case.
· After consultation with Members and officers, the report went to Licensing Sub- Committee which they were happy with.
· However, here 2% was cut out of the raise and he wishes it to be placed back this year.
· The proposed 0.7% increase is not worth it when the costs of changing meters, etc, is considered.
· The 2% cut was merely a misunderstanding and should be reinstated now.
Members were informed that after the reading of the Minutes of the August and October Licensing Sub Committee, that a mistake had not been made. In fact taxi drivers had received 2% more than the formula stated last year and that therefore the 0.7% increase was merely to bring taxi fare tariffs into line with what the formula suggested.
RESOLVED: That
(i) the maximum Hackney Carriage Fares chargeable are increased by an average of 0.7% for the 2002/2003 year as calculated by the agreed formula following an adjustment for last year's 2% overpayment.
(ii) the changes in the tariff structure to achieve this increase to be the subject of consultation with the trade approved by the Chairman and implemented in accordance with the statutory procedures.
100. EXCLUSION OF THE PRESS AND PUBLIC
RESOLVED: That under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for this item of business on the grounds that it involved the likely disclosure of exempt information as defined in paragraphs 4 and 7 of Part I of the Schedule 12A of the Act.
101. APPLICATION FOR A PRIVATE HIRE VEHICLE DRIVER' LICENCE
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 "D") in connection with an application for a private hire vehicle driver's licence.
RESOLVED:
(i) that the application be refused on the grounds that an application can only be considered after three years has elapsed following the reinstatement of a driving licence after a drink driving offence; and
(ii) that any payments made in connection with the application be returned to the applicant by the Council.
CHAIRMAN
