A MEETING OF THE REGULATORY BOARD
WAS HELD ON 21 MAY 2002
The Mayor (ex-officio) (P); Chairman of the Policy and Organisation Board (Councillor Cully) (ex-officio); Councillors Mrs Angus (P), Carr (P), Edwards (P), Farr (P), Gill (P), Hayward (P), Langdon (P), Searle (P), Smith (P) and Train (P)
1. MINUTES
RESOLVED: That the Minutes of the meeting of the Regulatory Board held on 9 April 2002 be approved and signed by the Chairman as a true and correct record.
PART II
2. DEPUTATION
It was reported that, in accordance with Standing Order 3.5, Mr White had submitted a deputation in respect of planning application K.8398/5 relating to the change of use at 66 San Diego Road, Gosport.
3. APPLICATIONS FOR PLANNING CONSENT
The Director of Development and Environment submitted a report on applications received for planning consent setting out recommendations in each case.
RESOLVED: That decisions be taken on each application for planning consent, as set out in Appendix "A" hereto.
4. K.8398/5 - CHANGE OF USE FROM SHOP (CLASS A1) TO GROUND FLOOR FLAT --66 SAN DIEGO ROAD, GOSPORT
It was reported that 66 San Diego Road, Gosport, was a vacant shop with a flat above. The current proposal was to convert the shop on the ground floor into a flat thus creating two flats.
An application in February 2001 had been refused for three reasons and the applicant had appealed against that decision but had had his appeal dismissed by the Inspector. The Inspector had not been prepared to support the principal reason that a loss of a shop in a retail area would affect the vitality and viability of the area and, therefore, did not support the policy reason in the Local Plan. However, the Inspector did support the reason that, by converting the shop to a residential appearance it would be incongruous with the surrounding shops.
A planning application considered by the Regulatory Board at its last meeting did not overcome the incongruity as it had a residential frontage not a shopping frontage. The applicant had now submitted a further application retaining the existing shopfront appearance thus seeking to overcome the incongruity of the proposal.
The Director of Development and Environment reported that the character of the area was one of shops with flats over. The proposal would form two flats and would set a precedent in the area and have an impact on parking. Previous objections relating to Policy H9 had not been overcome and, therefore, refusal was being recommended.
In accordance with Standing Order 3.5, Mr White, the applicant, was permitted to address the Board in support of his application. Mr White made the following comments -
· The property comprised a ground floor lock-up shop with a separate flat above.
· The shop had been vacant for over five years with no commercial interest having been shown during that time and the property had now fallen into disrepair.
· The Inspector's summary had concluded that the proposal would put to good use a present vacant site and, in view of the long term vacancy of the site, he did not believe that the vitality and viability would be affected.
· The car parking issue had been addressed.
· With regard to setting a precedent, the Council had just agreed to the conversion of shops on Forton Road and this should also now be the same for San Diego Road. What can be done with this property?
· The occupants of the flat above had continually been experiencing difficulties with vandalism.
· The Inspector's summary was clear and Mr White did not feel that any other issues were arguments to stand up.
Members questioned the issue of car parking and were informed that two off road car parking spaces would be provided to the rear of the property. That in itself did not create an issue as far as 66 San Diego Road was concerned but the precedent would be set and could create problems in respect of future applications.
Clarification was sought in respect of Policy H9 and Members were informed that Policy H9 set out criteria for the sub-division and conversion of vacant property. The pattern in San Diego Road was single terraced properties and shops, not flats. The Local Plan was currently being reviewed and, until such time as any changes were approved, needed to be adhered to.
Having considered this matter at length, it was -
RESOLVED: That planning application K.8398/5 relating to the change of use from shop (Class A1) to ground floor flat at 66 San Diego Road, Gosport, be refused for the following reason -
The proposed conversion of the property into flats would be out of keeping with the character of the adjoining residential area contrary to Policies BE1 and H9 of the Gosport Borough Local Plan.
5. K.15315 - ERECTION OF 12 NO TWO BEDROOMED FLATS WITH CAR PARKING AND ACCESS FROM AVERY LANE - 68 BROCKHURST ROAD, GOSPORT
[Councillors Hayward and Langdon declared an interest in this item and left the meeting prior to its consideration.]
The Director of Development and Environment reported that planning application K.15315 had originally been submitted in April 1999 and was for the erection of 14 flats with the development of the Avery Lane frontage. Following negotiations with the developer, the proposal was now for two blocks of six flats with car parking to the rear and access from Avery Lane only.
The Local Plan identified the area of land for residential use. It was a comprehensive site capable of accommodating 12 flats, associated amenity open space and car parking and, therefore, the siting issue was acceptable by Local Plan standards.
With regard to the access arrangements, the creation of a new road at what was already a particularly constrained point, would only be acceptable if visibility splays could be improved. The Highway Authority had been through an exercise of proposing a Traffic Regulation Order that would prevent cars from parking outside that stretch of road. The Order had been authorised but would not be implemented until the development proposal had been determined by the Board.
Following public advertisement of the amended proposal, three letters of objection had been received two of which raised concerns regarding the issue of car parking. The private financial arrangements between the applicant and the Avery Lane residents was not a matter for consideration by the Board. The Section 106 Agreement would ensure that the Avery Lane car park was made available to residents.
The proposal provided for 1.5 spaces per flat which was considered acceptable for that type of development and accorded with the Gosport Local Plan.
RESOLVED: That planning application K.15315 relating to the erection of 12 No two bedroomed flats with car parking and access from Avery Lane at 68 Brockhurst Road, Gosport, be approved subject to the conditions set out in the report of the Director of Development and Environment.
6. K.15962 - CHANGE OF USE FROM PETROL FILLING STATION TO CAR SALES AND WORKSHOP - FLEETLANDS FILLING STATION, FAREHAM ROAD, GOSPORT
The Director of Development and Environment reported that, following the closure of the petrol filling station at the Fleetlands Filling Station, Fareham Road, Gosport, the car sales had been extended to fill the remainder of the site without the benefit of planning permission and contrary to the conditions of the planning permission given to the petrol filling station and car sales. A Breach of Condition Notice had been served in October 2001 and the current planning application subsequently received in December 2001.
It was considered that the large grassed area to the front of the property should be protected and it was therefore proposed that only a single line of cars should be displayed in front of the existing canopy. The remainder of the frontage grassed area was to be separated by metal railings and a planting scheme. Conditions would be included in the planning permission to protect the frontage from the siting, parking and display of any vehicles relating to the business. The site was large and would provide 63 spaces for car sales.
The proposal also included formalisation of the access arrangements to and from the site. Following public advertisement of the proposal, no objections had been received.
Members were of the opinion that, as this was a retrospective application only one month should be allowed to implement the various conditions with the exception of condition 02 relating to landscaping.
RESOLVED: That planning application K.15962 relating to the change of use from petrol filling station to car sales and workshop at Fleetlands Filling Station, Fareham Road, Gosport, be approved subject to the conditions set out in the report of the Director of Development and Environment and subject to the timescale in conditions 01, 05, 06 and 08 being amended to one month.
[The Mayor left the meeting at 7.00 pm]
7. RENEWAL OF A PUBLIC ENTERTAINMENT LICENCE FOR EMMA'S DISCO BAR
Consideration was given to a report of the Director of Development and Environment (a copy of which is inserted in the Minute Book as Appendix "B") in respect of an application for renewal of the Public Entertainment Licence for Emma's Disco Bar, 37 High Street, Gosport.
It was reported that in May 2001 and in the light of objections received from both residents and the Police, the then Licensing Sub-Committee had considered an application for the renewal of a Public Entertainment Licence for Emma's Disco Bar. The Sub-Committee granted a Licence for a six months trial period subject to the operation of additional licensing conditions which were agreed by all parties. In October 2001 the licence was extended by a further six months and it was now time to renew the licence once again if the premises were to continue trading as a place of Public Entertainment.
As a result of the Sub-Committee hearings and the implementation of additional conditions, the operation of the premises had improved significantly. Site visits had been made and three meetings held between the police, residents, local Councillors and officers to monitor progress. Adoption of special conditions relevant to the site had been a key element in the improvements noted in the operation of the premises. It was therefore recommended that, if approved, the conditions set out in 2.4 of the report continue to be applied. It was also proposed that, in order to bring the renewal of the Licence back in line with the normal renewal cycle, if approved, the Licence be granted until 28 February 2003.
The police and original objectors had been consulted on the renewal and no objections had been received.
Members expressed concerns at a recent incident that had been brought to their attention whereby the rear entrance of the premises had not been manned. Members also expressed the wish that when evicting persons from the premises, they be taken to the front of the property as opposed to the rear in order that the CCTV cameras can monitor the situation and thus limit the amount of disturbance and vandalism caused to local residents.
The applicants explained that the occasional lack of manning was due to the unfortunate incidents of sickness being reported too late in the day to make alternative arrangements. With regard to the removal of persons to the front of the premises, this would be undertaken where possible although on occasions it was preferable to remove them to the rear of the premises as this was the closest location. Where two persons were involved, it was usual to remove one to the front and one to the rear in order to quell the situation.
Having considered this matter at length, it was -
RESOLVED: That the Public Entertainment Licence for Emma's Disco Bar be renewed until 28 February 2003 subject to the special conditions set out in the report of the Director of Development and Environment.
8. RENEWAL OF A PUBLIC ENTERTAINMENT LICENCE - NELSON'S PUBLIC HOUSE, 37 HIGH STREET, GOSPORT
Consideration was given to a report of the Director of Development and Environment (a copy of which is inserted in the Minute Book as Appendix "C") in respect of an application for renewal of the Public Entertainment Licence for Nelson's Public House, 37 High Street, Gosport.
It was reported that in May 2001 and in the light of objections received from both residents and the Police, the then Licensing Sub-Committee had considered an application for the renewal of a Public Entertainment Licence for Nelson's Public House. The Sub-Committee granted a Licence for a six month trial period subject to the operation of additional licensing conditions which were agreed by all parties. In October 2001 the licence was extended by a further six months and it was now time to renew the licence once again if the premises were to continue trading as a place of Public Entertainment.
As a result of the Sub-Committee hearings and the implementation of additional conditions, the operation of the premises had improved significantly. Site visits had been made and three meetings held between the police, residents, local Councillors and officers to monitor progress. Adoption of special conditions relevant to the site had been a key element in the improvements noted in the operation of the premises. It was therefore recommended that, if approved, the conditions set out in 2.4 of the report continue to be applied. It was also proposed that, in order to bring the renewal of the Licence back in line with the normal renewal cycle, if approved, the Licence be granted until 28 February 2003.
The police and original objectors had been consulted on the renewal and no objections had been received.
Members expressed concerns at a recent incident that had been brought to their attention whereby the rear entrance of the premises had not been manned. Members also expressed the wish that when evicting persons from the premises, they be taken to the front of the property as opposed to the rear in order that the CCTV cameras can monitor the situation and thus limit the amount of disturbance and vandalism caused to local residents.
The applicants explained that the occasional lack of manning was due to the unfortunate incidents of sickness being reported too late in the day to make alternative arrangements. With regard to the removal of persons to the front of the premises, this would be undertaken where possible although on occasions it was preferable to remove them to the rear of the premises as this was the closest location. Where two persons were involved, it was usual to remove one to the front and one to the rear in order to quell the situation.
Having considered this matter at length, it was -
RESOLVED: That the Public Entertainment Licence for Emma's Disco Bar be renewed until 28 February 2003 subject to the special conditions set out in the report of the Director of Development and Environment.
9. 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 involves the likely disclosure of exempt information as defined in paragraphs 4 and 7 of Part I of Schedule 12A of the Act.
10. HISTORIC BUILDING GRANT: 2 VILLAGE ROAD, ALVERSTOKE, GOSPORT
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 a proposed offer of grant aid under Section 57 of the Planning (Listed Buildings and Conservation Areas) Act 1990 in respect of 2 Village Road, Alverstoke, Gosport.
RESOLVED: That a grant of £1914.00 (or 15% of the total cost of the works, whichever was the lesser sum) be offered towards the repairs to 2 Village Road, Alverstoke, Gosport.
11. APPLICATION FOR A DOOR SECURITY REGISTRATION
This item was deferred until the next meeting of the Board to enable the applicant to be in attendance.
12. APPLICATION FOR A DOOR SECURITY REGISTRATION
[Councillor Carr declared an interest in this item and left the meeting prior to its consideration.]
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 "E") in connection with an application for a Door Security Registration.
RESOLVED: That the application for a Door Security Registration be approved.
13. APPLICATION FOR A PRIVATE HIRE VEHICLE DRIVERS LICENCE
This item was deferred until the next meeting of the Board to enable the applicant to be in attendance.
CHAIRMAN
