Agenda and minutes

Planning Development Control Committee (Pre 2018) - Wednesday, 10th June, 2015 9.00 am

Venue: the Council Chamber, Appletree Court, Lyndhurst

Contact: 023 8028 5588 - ask for Jan Debnam  E-mail  jan.debnam@nfdc.gov.uk

Items
No. Item

Apologies

Apologies for absence were received from Cllrs Thierry and Wappet.

 

 

4.

Minutes

To confirm the minutes of the meetings held on 6 May and 18 May 2015 as correct records.

 

 

Minutes:

RESOLVED:

 

That the minutes of the meetings held on 6 May and 18 May 2015 be signed by the Chairman as correct records.

 

 

5.

Declarations of Interest

To note any declarations of interest made by members in connection with an agenda item.  The nature of the interest must also be specified.

 

Members are asked to discuss any possible interests with Democratic Services prior to the meeting.

 

 

Minutes:

Cllr Andrews disclosed an interest in application 15/10244 on the grounds that she knew the objector.

 

Cllr Armstrong disclosed a non-pecuniary interest in application 15/10241 as a member of Hythe and Dibden Parish Council which had commented on the application.  He disclosed a further interest on the grounds that he knew the objector, who was a fellow parish councillor.

 

Cllr Beck disclosed a non-pecuniary interest in applications 15/10275 and 15/10369 as a member of New Milton Town Council which had commented on the applications.  He was not present for the determination of the other applications in New Milton.

 

Cllr Davis disclosed a non- pecuniary interest in applications 15/10240, 15/10241 and 15/11568 as a member of Totton and Eling Town Council which had commented on the applications.

 

Cllr Frampton disclosed a non-pecuniary interest in application 14/11498 as a member of Bransgore Parish Council which had commented on the application.

 

Cllr Harris disclosed a non- pecuniary interest in applications 15/10240, 15/10241 and 15/11568 as a member of Totton and Eling Town Council which had commented on the applications.

 

Cllr Harrison disclosed a non-pecuniary interest in applications 15/10240, 15/10241 and 15/11568 as a member of Totton and Eling Town Council which had commented on the applications.

 

Cllr Holding disclosed an interest in application 15/10244 on the grounds that she knew the objector and in application 15/10297 on the grounds that she knew the applicant’s representative.

 

Cllr Penson disclosed a non-pecuniary interest in applications 15/10274, 15/10297, 15/10339, 15/10348, 15/10392 and 15/10474 as a member of Lymington and Pennington Town Council which had commented on the applications.  He disclosed a further interest in application 15/10297 on the grounds that he knew the applicant’s representative.

 

Cllr Rostand disclosed a non-pecuniary interest in applications 15/10274, 15/10297, 15/10339, 15/10348, 15/10392 and 15/10474 as a member of Lymington and Pennington Town Council which had commented on the applications.  She disclosed further interests in application 15/10297 on the grounds that she knew the applicant’s representative and was a member of the St Barbe’s Trust.

 

Cllr White disclosed a non-pecuniary interest in applications 15/10274, 15/10297, 15/10339, 15/10348, 15/10392 and 15/10474 as a member of Lymington and Pennington Town Council which had commented on the applications.  He disclosed further interests in application 15/10297 on the grounds that he knew the applicant’s representative and was a member of the St Barbe’s Trust.

 

 

6.

Planning Applications for Committee Decision

To determine the applications set out below:

 

 

Minutes:

Planning applications 14/11568, 15/10240, 15/10241, 15/10339, 15/10392, 15/10397 and 15/10428 were determined after the adjournment for lunch.  Cllrs Davis and Rostand were not present for the afternoon session.

 

 

6a

Bransgore Primary School, Ringwood Road, Bransgore (Application 14/11498) pdf icon PDF 8 MB

2 all weather sports pitches; 3m high fence; seating area

 

Recommended: Planning consent subject to conditions.

 

 

Minutes:

Details:

2 all weather sports pitches; 3m high fence; seating area

 

 

Public Participants:

None

 

 

Additional Representations:

1 additional letter of objection, in the same terms as set out in paragraph 10 of the report.

 

 

Comment:

Cllr Frampton disclosed a non-pecuniary interest as a member of Bransgore Parish Council which had commented on the application.   He concluded that there were no grounds under common law to prevent him from remaining in the meeting to speak and to vote.

 

 

Decision:

Planning consent

 

 

Conditions:

As per report (Item 3(a))

 

 

 

6b

West Totton Community Centre, Hazel Farm Road, Totton (Application 14/11568) pdf icon PDF 2 MB

Single-storey extension; outside play area; brickwall and railings; drainage

 

Recommended:  Planning consent subject to conditions.

 

 

Minutes:

Details:

Single-storey extension; outside play area; brick wall and railings; drainage

 

 

Public Participants:

None

 

 

Additional Representations:

None

 

 

Comment:

Cllrs Harris and Harrison disclosed non-pecuniary interests as members of Totton and Eling Town Council which had commented on the application.  They each concluded that their previous involvement with this application could create the impression that they had a predetermined view.  They consequently took no part in the debate and did not vote.  Cllr Davis was not present for the determination of this item.

 

 

Decision:

Planning consent

 

 

Conditions:

As per report (Item 3(b))

 

 

 

6c

59 Station Road, New Milton (Application 15/10032) pdf icon PDF 3 MB

Second and three-storey extensions to create 10 flats; parking

 

Recommended:  Head of Planning and Transportation authorised to grant planning consent

 

 

Minutes:

 

Details:

Second and three-storey extensions to create 10 flats; parking

 

 

 

 

 

 

Public Participants:

Mr Tarzey – Applicant’s Agent

 

 

 

 

 

 

Additional Representations:

None

 

 

 

 

 

 

Comment:

The officer’s recommendation was amended to require the submission of further details of the spring loaded recessed plates to be installed on the Ashley Road entrance and also by revisions to the conditions.

 

 

 

 

 

 

Decision:

Head of Planning and Transportation authorised to grant planning consent subject to:

 

(i)       The completion of the requisite Agreement pursuant to S106 of the Town and Country Planning Act 1990 by 30 October 2015;

(ii)     The imposition of conditions; and

(iii)    the submission of further details of the spring loaded recessed plates proposed at the entrance to the site from Ashley Road to show the implications for the protected oak tree

 

Failing which, Head of Planning and Transportation authorised to refuse consent.

 

 

 

 

 

Conditions/

Agreements/

Negotiations:

As per report (Item 3(c)), with the following amendments:

 

Revise condition Nos. 5 and 6  to read as follows:

 

5. Prior to commencement of works (including site clearance and any other preparatory works) a scheme for the protection of trees in accordance with BS5837:2012 ‘Trees in relation to design, demolition and construction – Recommendations’ shall be submitted to the Local Planning Authority for approval. Once approved, the scheme shall be implemented and at least 3 working days notice shall be given to the Local Planning Authority that it has been installed.

 

Information is required on the:

a)      Location of site compound and mixing areas,

b)     Routes of underground services,

c)     Tree work specification,

d)     Position of tree protective fencing/ground protection. The protective fencing shall be as specified in Chapter 6 and detailed in figures 2 or 3 of BS5837:2012 unless otherwise agreed in writing with the Local Planning Authority.

Reason:          To safeguard trees and natural features which are important to the visual amenities of the area, in accordance with policy CS2 of the Core Strategy for the New Forest outside the National Park.

 

6. In accordance with the submitted strategic landscape details on Drawing No 947/10 Rev 1, the following additional details shall be submitted to and approved by the Local Planning Authority:

 

(a)          a specification for new planting (species, size, spacing, location, tree pits, irrigation tubes, cellular systems and root barriers);

(b)          areas for hard surfacing and the materials to be used;

(c)          other means of enclosure, including the external free standing wall/grill structure which screens the undercroft parking area from Ashley Road;

(d)          a method and programme for its implementation and the means to provide for its future maintenance;

 

No development shall take place unless these details have been approved and all planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development whichever is the sooner. Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be  ...  view the full minutes text for item 6c

6d

The Chapel, Fordingbridge Road, Whitsbury (Application 15/10198) pdf icon PDF 2 MB

Use as 1 residential unit (Use Class C3); associated external alterations

 

Recommended:  Refuse

 

 

Minutes:

Details:

Use as 1 residential unit (Use Class C3); associated external alterations

 

 

Public Participants:

Mr Borchert – Applicant’s Agent

 

 

Additional Representations:

None

 

 

Comment:

Cllr E J Heron addressed the Committee to support the application.

 

 

Decision:

Refused

 

 

Reasons:

As per report (Item 3(d)

 

 

 

6e

Elingfield House, 26 High Street, Totton (Application 15/10240) pdf icon PDF 2 MB

One and two-storey side extension; boundary wall; parking; ramp; barrier; landscaping; access

 

Recommended:  Planning consent subject to conditions

 

 

Minutes:

Details:

One and two-storey side extension; boundary wall; parking; ramp; barrier; landscaping; access

 

 

Public Participants:

None.

 

 

Additional Representations:

None.

 

 

Comment:

Cllrs Harris and Harrison disclosed non-pecuniary interests as members of Totton and Eling Town Council which had commented on the application.  As they could be considered to have a pre-determined view on the application they took no part in the consideration and did not vote.  Cllr Davis was not present for the determination of this item.

 

 

Decision:

Planning consent.

 

 

Conditions:

As per report (Item 3(e)

 

 

 

6f

Elingfield House, 26 High Street, Totton (Application 15/10241) pdf icon PDF 525 KB

One and two-storey side extension; boundary wall; parking; ramp; barrier; landscaping; access; form two openings to extension (Application for Listed Building Consent)

 

Recommended:  Listed Building consent subject to conditions

 

 

Minutes:

Details:

One and two-storey side extension; boundary wall; parking; ramp; barrier; landscaping; access; form two openings to extension

 

 

Public Participants:

None

 

 

Additional Representations:

None.

 

 

Comment:

Cllrs Harris and Harrison disclosed non-pecuniary interests as members of Totton and Eling Town Council which had commented on the application.  As they could be considered to have a pre-determined view on the application they took no part in the consideration and did not vote.  Cllr Davis was not present for the determination of this item.

 

 

Decision:

Listed Building consent granted.

 

 

Conditions:

As per report (Item 3(f))

 

 

 

6g

Strawberry Cottage, Butts Ash Lane, Hythe (Application 15/10244) pdf icon PDF 2 MB

Retention of extension to garage to form garden room; flue

 

Recommended:  Planning consent

 

 

Minutes:

Details:

Retention of extension to garage to form garden room; flue

 

 

Public Participants:

Mr Davey – Objector.

 

 

Additional Representations:

None.

 

 

Comment:

Cllr Armstrong disclosed a non-pecuniary interest as a member of Hythe and Dibden Parish Council which had commented on the application.  He disclosed a further interest on the grounds that the objector was also a parish councillor and known to him in that capacity.  He concluded that there were no grounds under common law to prevent him from remaining in the meeting to speak and to vote.

 

Cllrs D E Andrews and Holding both disclosed interests on the grounds that they knew the objector.  They each concluded that the degree of acquaintance was not sufficient to create any impression of bias and consequently there were no grounds under common law to prevent them from remaining in the meeting to speak and to vote.

 

The Committee noted that the installation of an alternative style of cowl to the flue had not reduced the smoke emissions that the neighbouring property owner reported.  As that property was in the path of the prevailing westerly wind, this would not be an infrequent occurrence, consequently prejudicing that property owners’ enjoyment of their house and garden.  In addition, the Committee considered that the development was visually obtrusive when viewed from the neighbouring property.

 

 

Decision:

Refused.

 

 

Reasons:

By reason of its siting, height and design, the proposed flue is visually intrusive and given its position in relation to the prevailing westerly wind causes unacceptable smoke pollution to the detriment of the amenities of the occupiers of the adjoining  property at 33 Heatherstone  Avenue. For this reason, the development is contrary to policies CS2 and CS5 of the Core Strategy for the New Forest District outside the National Park

 

 

 

6h

5 Mayflower Close, Lymington (Application 15/10274) pdf icon PDF 2 MB

Two-storey side extension; single-storey front canopy; single-storey rear extension

 

Recommended:  Planning consent subject to conditions

 

 

Minutes:

Details:

One and two-storey side extension; boundary wall; parking; ramp; barrier; landscaping; access; form two openings to extension

 

 

Public Participants:

Mr Newton – Objector.

 

 

Additional Representations:

None

 

 

Comment:

Cllrs Penson, Rostand and White disclosed non-pecuniary interests as members of Lymington and Pennington Town Council, which had commented on the application, with Cllrs Rostand and White both being members of their Planning Committee.  They concluded that they could be considered to have a pre-determined view and consequently abstained from voting.

 

 

Decision:

Planning consent.

 

 

Conditions:

As per report (Item 3(h))

 

 

 

6i

7 Fairfield Road, Barton-on-Sea, New Milton (Application 15/10275) pdf icon PDF 2 MB

Two-storey side extension

 

Recommended:  Refuse

 

 

Minutes:

Details:

Two-storey side extension

 

 

Public Participants:

Mr Reeks – Supporter

Mr Worsfold – Applicant’s Agent.

 

 

Additional Representations:

None

 

 

Comment:

Cllr Beck disclosed a non-pecuniary interest as a member of New Milton Town Council which had commented on the application.  He addressed the Committee to support the application, but did not have a vote.

 

The Committee considered that these revised proposals overcame the Inspector’s concerns with respect to a previous scheme, relating to the scale and bulk of the addition.  Consequently the proposed extension would not be harmful to the street scene.

 

 

Decision:

Planning consent.

 

 

Conditions:

Subject to such conditions as the Head of Planning and Transportation deems appropriate.

 

 

 

6j

St Barbe Museum and Art Gallery, New Street, Lymington (Application 15/10297) pdf icon PDF 3 MB

Serpentine wall and outside seating area terrace to eastern facade; landscaping

 

Recommended:  Refuse

 

 

Minutes:

Details:

Serpentine wall and outside seating area terrace to eastern facade; landscaping

 

 

Public Participants:

Dr McKenzie – Applicant’s representative.

Mr Walbank – Objector.

 

 

Additional Representations:

The Head of Leisure and Employment supported the refurbishment of the building.

1 additional letter of support from the Museum’s Director.

1 additional letter of support.

 

 

Comment:

Cllrs Penson, Rostand and White disclosed non-pecuniary interests as members of Lymington and Pennington Town Council, which had commented on the application, with Cllrs Rostand and White both being members of their Planning Committee.  Cllrs Penson and Rostand disclosed further interests on the grounds that they knew the applicant’s representative, but did not consider that the degree of acquaintance was sufficient to create the impression of bias.  Cllrs Rostand and White disclosed further interests as members of the St Barbe’s Trust. They concluded that they could be considered to have a pre-determined view and were potentially subject to bias.  They consequently abstained from voting.  It was noted that the Town Council had given a grant to the St Barbe Trust last year, but that this was a separate issue to that under consideration.

 

Cllr Holding disclosed an interest on the grounds that she knew the applicant’s representative.  She considered that that the degree of acquaintance was not sufficient to create an impression of bias and consequently there were no ground under common law to prevent her from taking part in the consideration or voting.

 

The Committee was aware that the Council’s Conservation Officers that had advised on this proposal had very different views as to its merits and the acceptability of its treatment of the main entrance in New Street.  It was therefore a subjective judgement about the aesthetics of the design.  It was noted that opinions were very divergent.  The majority of the Committee concluded that the use of a very modern, imaginative, design was exciting and aesthetically acceptable, particularly as the main façade to School Lane remained completely unaltered.

 

 

Decision:

Planning consent.

 

 

Conditions:

Subject to such conditions as the Head of Planning and Transportation deems appropriate.

 

 

 

6k

Denelea, 9 Duncan Road, Ashley, New Milton (Application 15/10339) pdf icon PDF 2 MB

Dormers in association with new first floor; roof lights; fenestration alterations; use of garage as ancillary accommodation

 

Recommended:  Planning consent subject to conditions

 

 

Minutes:

Details:

Dormers in association with new first floor; roof lights; fenestration alterations; use of garage as ancillary accommodation

 

 

Public Participants:

None

 

 

Additional Representations:

None

 

 

Comment:

None

 

 

Decision:

Planning consent

 

 

Conditions:

As per report (Item 3(k))

 

 

 

6l

19 Daniells Walk, Lymington (Application 15/10348) pdf icon PDF 2 MB

Retention and alteration of approved landscaping details; raise ground level; front fence

 

Recommended:  Planning consent subject to conditions

 

 

Minutes:

Details:

Retention and alteration of approved landscaping details; raise ground level; front fence

 

 

Public Participants:

Mrs Hemsley-Gills – Applicant.

 

 

Additional Representations:

I additional letter of objection from a neighbour re-iterating previous concerns.

 

 

Comment:

Cllrs Penson, Rostand and White disclosed non-pecuniary interests as members of Lymington and Pennington Town Council, which had commented on the application, with Cllrs Rostand and White both being members of their Planning Committee.  They concluded that they could be considered to have a pre-determined view and consequently abstained from voting.

 

 

Decision:

Planning consent.

 

 

Reasons:

As per report (Item 3(l))

 

 

 

6m

44 West Park Lane, Damerham (Application 15/10350) pdf icon PDF 2 MB

Two-storey side extension; single-storey front extension

 

Recommended:  Refuse

 

 

Minutes:

Details:

Two-storey side extension; single-storey front extension

 

 

Public Participants:

Mr Eyres – Applicant.

 

 

Additional Representations:

None

 

 

Comment:

None

 

 

Decision:

Refuse

 

 

Reasons:

As per report (Item 3(m))

 

 

 

6n

Land rear of 46 Whitsbury Road, Fordingbridge (Application 15/10367) pdf icon PDF 3 MB

Single storey dwelling; access

 

Recommended:  Refuse

 

 

Minutes:

Details:

Single storey dwelling; access

 

 

Public Participants:

Mr Hardy - Applicant

 

 

Additional Representations:

None

 

 

Comment:

None

 

 

Decision:

Refused

 

 

Reasons:

As per report (Item 3(n))

 

 

 

6o

Merrymore, 22 Barton Wood Road, Barton-on-Sea, New Milton (Application 15/10369) pdf icon PDF 2 MB

Retention of ramp; smoking shelter; shed

 

Recommended:  Planning consent subject to conditions

 

 

Minutes:

Details:

Retention of ramp; smoking shelter; shed

 

 

Public Participants:

Cllr Beck – representing New Milton Town Council.

 

 

Additional Representations:

None

 

 

Comment:

Cllr Beck disclosed a non-pecuniary interest as a member of New Milton Town Council which had commented on the application.  He concluded there were no grounds under common law to prevent him from addressing the committee.  He did not have a vote.   Cllr Beck opposed the application.

 

 

Decision:

Planning consent

 

 

Conditions:

As per report (Item 3(o))

 

 

 

6p

Plot G3, Ampress Lane, Lymington (Application 15/10392) pdf icon PDF 2 MB

Variation of Condition 6 of Planning Permission 12/98611 to allow occupation without achieving a BREEAM ‘excellent’ standard

 

Recommended:  Planning consent subject to conditions

 

 

Minutes:

Details:

Variation of Condition 6 of Planning Permission 12/98611 to allow occupation without achieving a BREEAM “excellent” standard

 

 

Public Participants:

None

 

 

Additional Representations:

None

 

 

Comment:

Cllrs Penson and White disclosed non-pecuniary interests as members of Lymington and Pennington Town Council, which had commented on the application, with Cllr White also being a member of their Planning Committee.  They concluded that they could be considered to have a pre-determined view and consequently abstained from voting.  Cllr Rostand was not present for the determination of this item.

 

 

Decision:

Planning consent.

 

 

Conditions:

As per report (Item 3(p))

 

 

 

6q

4 Pinewood Road, Hordle (Application 15/10397) pdf icon PDF 2 MB

First floor side and rear extension; front porch

 

Recommended:  Planning consent subject to conditions

 

 

Minutes:

Details:

First floor side and rear extension; front porch

 

 

Public Participants:

None

 

 

Additional Representations:

None

 

 

Comment:

None

 

 

Decision:

Planning consent.

 

 

Conditions:

As per report (Item 3(q))

 

 

 

6r

31 Malwood Road West, Hythe (Application 15/10428) pdf icon PDF 2 MB

Roof alterations and rooflights in association with new first floor; single-storey side and rear extension

 

Recommended:  Planning consent subject to conditions

 

 

Minutes:

Details:

Roof alterations and rooflights in association with new first floor; single-storey side and rear extension

 

 

Public Participants:

None

 

 

Additional Representations:

None

 

 

Comment:

Cllr Armstrong disclosed a non-pecuniary interest as a member of Hythe and Dibden Parish Council which had commented on the application.  He concluded that there were no grounds under common law to prevent him from remaining in the meeting to speak and to vote.

 

 

Decision:

Planning consent

 

 

Conditions:

As per report (Item 3(r))

 

 

 

6s

Land of 29 Tithe Barn, Lymington (Application 15/10474) pdf icon PDF 3 MB

Three-storey house; bin store; garden store; landscaping

 

Recommended:  Refuse

 

 

Minutes:

Details:

Three-storey house; bin store; garden store; landscaping

 

 

Public Participants:

Mr Dench – Applicant’s Agent

 

 

Additional Representations:

None

 

 

Comment:

Cllrs Penson, Rostand and White disclosed non-pecuniary interests as members of Lymington and Pennington Town Council which had commented on the application, with Cllrs Rostand and White both being members of their Planning Committee. They concluded that they could be considered to have a pre-determined view and consequently abstained from voting.

 

Reason 1 for refusal was amended by the insertion of the words “form of development” after the word “cramped”.

 

 

Decision:

Refused

 

 

Reasons:

As per report (Item 3(s)) with reason 1 for refusal amended by the insertion of the words “form of development” after the word “cramped”.

 

 

 

6t

Land at Bleak Hill, Somerley, Ellingham, Harbridge & Ibsley (Application 15/10539) pdf icon PDF 2 MB

Variation of Conditions 1, 10, 12 and 19 of Planning Permission 14/10309 to revise the working and restoration schemes at I and II Quarry, Somerley

 

Recommended:  Raise no objection

 

 

Minutes:

Details:

Variation of Conditions 1, 10, 12 and 19 of Planning Permission 14/10309 to revise the working and restoration schemes at I and II Quarry, Somerley

 

 

Public Participants:

None

 

 

Additional Representations:

Ellingham, Harbridge and Ibsley Parish Council raised the following concerns:

·        The approved restoration scheme is for agricultural use, the Parish is disappointed that the significant change with the creation of a further 7ha of Priority Habitat has not been adequately justified nor the necessity explained. Some elements of the scheme are welcomed but the Parish is disappointed that there was no opportunity to review the proposals with the applicant.

·        The Parish agree that the current 5 year aftercare condition would be unlikely to be sufficient for the proposed planting schemes to be properly established and believe that there should be provision for at least a further 5 years with a review at the end of that period. Would have liked to have been able to consider a more thorough Maintenance schedule than that submitted.

·        Detailed concerns about the planting and protection from deer browsing.

 

 

Comment:

The Committee noted that the proposal did not increase the timescales for the completion of the development but only the detail of activity on the site.

 

 

Decision:

That no objection be raised, but the Parish Council’s concerns be brought to the attention of the County Council.

 

 

 

7.

Delegation of Powers to Officers pdf icon PDF 94 KB

To update the scheme of delegation of powers to officers to reflect recent changes to the staffing structure.

 

 

Minutes:

The Committee was advised that, in addition to the proposed amendments to the scheme of delegation of powers, as set out in Appendix 1 to Report item 4, the Design Team leader should also be added to delegation PDC Auth 2

 

RESOLVED:

 

That the scheme of delegation of powers to the officers be updated as shown in Appendix 1 to Report item 4, with the Design Team leader also added to delegation PDC Auth 2.