Agenda and minutes

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 Rostand and Sevier.

 

 

36.

Minutes

To confirm the minutes of the meeting held on 11 January 2017 as a correct record.

 

 

Minutes:

RESOLVED:

 

That the minutes of the meeting held on 11 January 2017 be signed by the Chairman as a correct record.

 

 

37.

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 D E Andrews disclosed a disclosable pecuniary interest in Minute 40 on the grounds that the decision might affect her financial affairs.

 

Cllr Beck disclosed a non-pecuniary interest in applications 13/11276, 16/11255 and 16/11382 as a member of New Milton Town Council which had commented on the application.

 

Cllr Penson disclosed a non-pecuniary interest in applications 16/11466, 16/11482, 16/11548, 16/11644 and 16/11701 as a member of Lymington and Pennington Town Council which had commented on the applications. He also disclosed a disclosable pecuniary interest in application 16/10764 as a member of Lymington and Pennington Town Council which were potential parties to the S106 Agreement. 

 

Cllr Rippon Swaine disclosed a non-pecuniary interest in application 16/11553 as a member of Ringwood Town Council which had commented on the application.

 

Cllr Thierry disclosed a non-pecuniary interest in application 16/11553 as a member of Ringwood Town Council which had commented on the application.  He disclosed a further interest on the grounds that the applicant was a client of his business.

 

Cllr Wappet disclosed a non-pecuniary interest in application 16/10861 as a member of Fawley Parish Council which had commented on the application.

 

Cllr White disclosed a non-pecuniary interest in applications 16/11466, 16/11482, 16/11548, 16/11644 and 16/11701 as a member of Lymington and Pennington Town Council which had commented on the applications. He also disclosed a disclosable pecuniary interest in application 16/10764 as a member of Lymington and Pennington Town Council which were potential parties to the S106 Agreement.  Cllr White also disclosed a non-pecuniary interest in applications 16/11116 and 16/11315 on the grounds that he knew the applicant.

 

 

38.

Planning Applications for Committee Decision

To determine the applications set out below:

 

 

38a

Land South of Lymington Road, New Milton (Application 13/11276) pdf icon PDF 1 MB

4 houses; site of alternative natural green space; access (Outline Application with details only of access)

 

RECOMMENDED:

 

Planning consent subject to conditions

 

Minutes:

Details:

4 houses; site of alternative natural green space; access (Outline Application with details only of access)

 

 

 

 

Public Participants:

Mr Parke – Applicant’s Agent

Mr Sherrad – Objector

Mr Wheeler – Objector

 

 

 

 

Additional Representations:

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

 

 

 

 

Comment:

Cllr Beck disclosed a non-pecuniary interest as a member of New Milton Town Council which had commented on the application.   He remained in the meeting.  He did not speak and he did not have a vote.

 

The Committee raised some concerns, relating to the protection of trees during construction; the strengthening of landscaping, particularly along the boundary with the existing residential properties; and the fencing of the public open space.  These concerns could be overcome by the imposition of suitably robust conditions.

 

 

 

 

Decision:

Service Manager Planning and Building Control authorised to grant planning consent.

 

 

 

 


Conditions:

Such conditions as he deems appropriate, following a review of the adequacy of those set out in the report (Item 3(a))

 

 

 

38b

68 Forest Edge, Fawley (Application 16/10861) pdf icon PDF 587 KB

Single-storey extension

 

RECOMMENDED:

 

Refuse

 

Minutes:

Details:

Single-storey extension

 

 

 

 

Public Participants:

None

 

 

 

 

Additional Representations:

None

 

 

 

 

Comment:

Cllr Wappet disclosed a non-pecuniary interest as a member of Fawley 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:

Refused

 

 

 

 


Refusal Reasons:

As per report (Item 3(b))

 

 

 

38c

Shorefield Country Park, Shorefield Road, Downton, Milford-on-Sea (Application 16/11116) pdf icon PDF 525 KB

Alterations and extension to access road; gates; bund

 

RECOMMENDED:

 

Planning consent subject to conditions

 

Minutes:

Details:

Alterations and extension to access road; gates; bund

 

 

 

 

Public Participants:

Mr Pollock - Applicant

 

 

 

 

Additional Representations:

None

 

 

 

 

Comment:

Cllr White disclosed a non-pecuniary interest on the grounds that he knew the applicant.  He concluded that the degree of acquaintance was sufficient that he could be perceived to be biased and consequently withdrew from the meeting for the consideration and voting.

 

The officer’s recommendation was amended to deferral in light of issues that had been raised recently in respect of landscape impacts, minerals safeguarding, tree impacts and discrepancies in the submitted plans.

 

 

 

 

Decision:

That consideration of this application be deferred to allow the issues that had been raised in respect of landscape impacts, minerals safeguarding, tree impacts and discrepancies in the submitted plans to be resolved.

 

 

 

 

38d

6 Barton Common Road, Barton-on-Sea, New Milton (Application 16/11255) pdf icon PDF 1 MB

One block of 8 flats; parking; bin and cycle storage

 

RECOMMENDED:

 

Planning consent subject to conditions

 

Minutes:

Details:

One block of 8 flats; parking; bin and cycle storage

 

 

 

 

Public Participants:

Mr Annon – Applicant’s Agent

Mr Charles – Objector’s Representative

Mr Williams – Objector

Cllr Beck – on behalf of New Milton Town Council

 

 

 

 

Additional Representations:

1 letter of clarification from the agent for a nearby site.

2 further letters of objection, in the same terms as set out in the report.

The Highways Engineer had submitted further comments as set out in the update circulated prior to the meeting.

 

 

 

 

Comment:

Cllr Beck disclosed a non-pecuniary interest as a member of New Milton Town Council, which he was representing.  He concluded that there were no grounds under common law to prevent him from remaining in the meeting to speak.  He did not have a vote.

 

The Committee raised some concerns, relating to the strengthening of landscaping, particularly along the boundary with the existing residential properties; securing the sight lines for the access before development can commence; and appropriate surfacing materials for the driveway within the property.  These concerns could be overcome by the imposition of suitably robust conditions.

 

 

 

 

Decision:

Service Manager Planning and Building Control authorised to grant planning consent.

 

 

 

 


Conditions:

Such conditions as he deems appropriate, following a review of the adequacy of those set out in the report

 

 

 

38e

Shorefield Country Park, Shorefield Road, Downton, Milford-on-Sea (Application 16/11315) pdf icon PDF 502 KB

Bund bordering 3 the Bucklers (retrospective)

 

RECOMMENDED:

 

Planning consent subject to conditions

 

Minutes:

Details:

Bund bordering 3 The Bucklers (retrospective)

 

 

 

 

Public Participants:

None

 

 

 

 

Additional Representations:

None

 

 

 

 

Comment:

Cllr White disclosed a non-pecuniary interest on the grounds that he knew the applicant.  He concluded that the degree of acquaintance was sufficient that he could be perceived to be biased and consequently withdrew from the meeting for the consideration and voting.

 

The Committee considered that it was important that the officers were satisfied that the rubbish within the surface of the bund should all be removed before the landscaping was planted.

 

 

 

 

Decision:

Planning consent

 

 

 

 


Conditions:

As per report (Item 3(e)), together with an additional condition to secure that the litter picking of the bund is carried out to an acceptable standard prior to the landscaping being planted.

 

 

 

38f

27 Farm Lane South, Barton-on-Sea, New Milton (Application 16/11382) pdf icon PDF 550 KB

Raise roof height, dormers and rooflights in association with new first floor; two-storey rear extension; single-storey side and rear extension; front porch; decking; flue; cladding

 

RECOMMENDED:

 

Planning consent subject to conditions

 

Minutes:

Details:

Raise roof height, dormers and rooflights in association with new first floor; two-storey rear extension; single-storey side and rear extension; front porch; decking; flue; cladding

 

 

 

 

Public Participants:

Mr Cutmore - Applicant

Mr Davies – Objector

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 he was representing.  He concluded that there were no grounds under common law to prevent him from remaining in the meeting to speak.  He did not have a vote.

 

 

 

 

Decision:

Planning consent

 

 

 

 


Conditions:

As per report (Item 3(f))

 

 

 

 

38g

Oakhaven Hospice, Lower Pennington Lane, Pennington, Lymington (Application 16/11466) pdf icon PDF 506 KB

Additional parking

 

RECOMMENDED:

 

Planning consent subject to conditions

 

Minutes:

Details:

Additional parking

 

 

 

 

Public Participants:

Mr Simpson - Applicant’s representative

 

 

 

 

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.  They concluded that there were no grounds under common law to prevent them from remaining in the meeting to speak and to vote.

 

 

 

 

 

Decision:

Planning consent

 

 

 

 


Conditions:

As per report (Item 3(g))

 

 

 

38h

2 Quay Street, Lymington (Application 16/11482) pdf icon PDF 557 KB

Use of rear ground floor as residential

 

RECOMMENDED:

 

Planning consent subject to conditions

 

Minutes:

Details:

Use of rear ground floor as residential

 

 

 

 

Public Participants:

Mrs Keningley – Applicant’s Agent

 

 

 

 

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.  They concluded that there were no grounds under common law to prevent them from remaining in the meeting to speak and to vote.

 

 

 

 

Decision:

Planning consent

 

 

 

 


Conditions:

As per report (Item 3(h))

 

 

 

38i

Pyrford Gardens, Belmore Lane, Lymington (Application 16/11548) pdf icon PDF 607 KB

Single-storey extension

 

RECOMMENDED:

 

Planning consent subject to conditions

 

Minutes:

Details:

Single-storey extension

 

 

 

 

Public Participants:

Mr Davies – Applicant’s Agent

Mr Farrow – Objector’s Representative.

 

 

 

 

Additional Representations:

3 further letters of objection in the same terms as set out in the report.

1 letter of support stating that the extension would have no effect on the accessibility to the gardens and that security would be improved.

 

 

 

 

Comment:

Cllrs Penson and White disclosed non-pecuniary interests as members of Lymington and Pennington Town Council which had commented on the application.  They concluded that there were no grounds under common law to prevent them from remaining in the meeting to speak and to vote.

 

The Committee noted that, while the applicant stated that the double doors adjacent to flat 4 were routinely kept locked this appeared to be a recent development.  The reported experience of visitors, which included members of the Committee, was that these doors had historically been unlocked, allowing free access to the building.

 

The Committee considered that the white painted brick wall within 2 feet of the bedroom of flat 4 would have be unduly visually intrusive and impressive, particularly as the occupier was elderly and more likely to spend a greater proportion of time in the bedroom.  In addition, the loss of the level access to the garden through the double doors adjacent to flat 4 would represent a significant loss of amenity to the occupiers of other flats who would be forced to divert along a much longer route to gain access to the gardens.

 

 

 

 

Decision:

Refused

 

 

 

 


Refusal Reasons:

The proposed development would have an unneighbourly impact on the residential amenities of the occupants of 4 Pyrford Gardens as a result of the proximity and height of the extension to the windows of this flat and the loss of part of the hedge.  In addition the loss of the access from this part of the building to the garden would be detrimental to the enjoyment of the garden by the residents.  As a result the proposal would fail to comply with policy CS2 of the Core Strategy for the New Forest District outside the National Park.

 

 

 

38j

6 Highfield Avenue, Ringwood (Application 16/11553) pdf icon PDF 596 KB

Raise ridge height in association with new first floor; two-storey front and rear extensions; solar panels

 

RECOMMENDED:

 

Refuse

 

Minutes:

Details:

Raise ridge height in association with new first floor; two-storey front and rear extensions; solar panels

 

 

 

 

Public Participants:

None

 

 

 

 

Additional Representations:

None

 

 

 

 

Comment:

Cllrs Rippon-Swaine and Thierry disclosed non-pecuniary interests as members of Ringwood Town Council which had commented on the application.  Cllr Rippon-Swaine concluded that there were no grounds under common law to prevent him from remaining in the meeting to speak and to vote.  Cllr Thierry disclosed a further non-pecuniary interest on the grounds that the applicant was a client of his newspaper and he could therefore be perceived to be biased.  Having made a statement in support of the application he took no further part in the consideration and did not vote.

 

The Committee concluded that the design of the proposed modifications had been changed sufficiently that they were now in keeping with the development of other properties in the vicinity.  The proposal was therefore acceptable.

 

 

 

 

Decision:

Planning consent

 

 

 

 


Conditions:

Such conditions as the Service Manager Planning and Building Control deems appropriate.

 

 

 

38k

Land of 29 Pear Tree Close, Bransgore (Application 16/11581) pdf icon PDF 663 KB

Attached house; detached garage; dropped kerb

 

RECOMMENDED:

 

Refuse

 

Minutes:

Details:

Attached house; detached garage; dropped kerb

 

 

 

 

Public Participants:

Parish Cllr Manley – Bransgore Parish Council.

 

 

 

 

Additional Representations:

None

 

 

 

 

Comment:

None

 

 

 

 

Decision:

Refused

 

 

 

 


Refusal Reasons:

As per report (Item 3(k))

 

 

 

38l

Harbridge School, Harbridge, Ellingham, Harbridge & Ibsley (Application 16/11602) pdf icon PDF 555 KB

Use as one dwelling; rooflights; demolition of single-storey flat roofed extension; alterations to windows

 

RECOMMENDED:

 

Planning consent subject to conditions

 

Minutes:

Details:

Use as one dwelling; rooflights; demolition of single-storey flat roofed extension; alterations to windows

 

 

 

 

Public Participants:

None

 

 

 

 

Additional Representations:

The Ecologist had commented on the additional bat survey that had been submitted and had requested the imposition of an additional condition.

 

 

 

 

Comment:

The officer’s recommendation was amended by the inclusion of an additional condition, as requested by the Ecologist, and circulated in the update prior to the meeting.

 

 

 

 

Decision:

Planning consent

 

 

 

 


Conditions:

As per report (Item 3(l)), with additional condition:

 

5. The works hereby approved shall be undertaken in strict accordance with the mitigation and enhancement measures set out in Ecological Report by Ecosupport dated June 2016 unless otherwise first agreed in writing with the Local Planning Authority.

Reason: To safeguard protected species in accordance with Policy CS3 of the Local Plan for the New Forest District outside of the National Park (Core Strategy) and Policy DM2 of the Local Plan for the New Forest District outside the National Park (Part 2 : Sites and Development Management).

 

 

 

38m

Harbridge School, Harbridge, Ellingham, Harbridge & Ibsley (Application 16/11603) pdf icon PDF 388 KB

First floor mezzazine extension; rooflights; demolition of single-storey flat roofed extension and reinstate brickwork detailing; repair roof; repoint chiminey; rainwater goods; stone vent; repair tower; reinstate glazed door pane; repair doors and windows; remove polycarbonate outbuilding canopy; remove main hall flat ceiling; make good original vaulted ceiling; stud walls; first floor internal end studwall with glazing; repair floor; insert staircase; remove window shutters; open fireplaces; insert hammerbeam (Application for Listed Building Consent)

 

RECOMMENDED:

 

Grant Listed Building Consent subject to conditions

 

Minutes:

Details:

First floor mezzanine extension; rooflights; demolition of single-storey flat roofed extension and reinstate brickwork detailing; repair roof; repoint chimney; rainwater goods; stone vent; repair tower; reinstate glazed door pane; repair doors and windows; remove polycarbonate outbuilding canopy; remove main hall flat ceiling; make good original vaulted ceiling; stud walls; first floor internal end studwall with glazing; repair floor; insert staircase; remove window shutters; open fireplaces; insert hammerbeam (Application for Listed Building Consent)

 

 

 

 

Public Participants:

None

 

 

 

 

Additional Representations:

None

 

 

 

 

Comment:

None

 

 

 

 

Decision:

Listed Building Consent Granted

 

 

 

 


Conditions:

As per report (Item 3(m))

 

 

 

38n

25 Sea Road, Milford-on-Sea (Application 16/11633) pdf icon PDF 801 KB

2 detached houses; associated parking; landscaping; demolition of existing

 

RECOMMENDED:

 

Planning consent subject to conditions

 

Minutes:

Details:

2 detached houses; associated parking; landscaping; demolition of existing

 

 

 

 

Public Participants:

None

 

 

 

 

Additional Representations:

None

 

 

 

 

Comment:

Mr Groom, Service Manager Planning and Building Control, disclosed an interest on the grounds that the applicant was a long term family friend.  He left the meeting for the consideration and voting.

 

A statement from Cllr Carpenter, raising concerns about the application, was submitted to the meeting.

 

 

 

 

Decision:

Planning consent

 

 

 

 


Conditions:

As per report (Item 3(n))

 

 

 

38o

18 Priestlands Road, Pennington, Lymington (Application 16/11644) pdf icon PDF 570 KB

Two-storey side and rear extensions; dormers; fenestration alterations; rooflights

 

RECOMMENDED:

 

Refuse

 

Minutes:

Details:

Two-storey side and rear extensions; dormers; fenestration alterations; rooflights

 

 

 

 

Public Participants:

Mr Ellis – Applicant’s Agent

Mr Parke – Objector’s Agent

 

 

 

 

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.  They concluded that there were no grounds under common law to prevent them from remaining in the meeting to speak and to vote.

 

The Committee considered that, in addition to the recommended reason for refusal, the scale of the proposed addition, in close proximity to the neighbouring property, would have an unduly detrimental effect on the amenities of that property.

 

 

 

 

Decision:

Refused

 

 

 

 


Refusal Reasons:

As per report (Item 3(o)) with additional reason for refusal:

 

2.  By reason of the siting of the proposed side extension and height of the flank gable wall, in close proximity to the neighbouring property no 16 Priestlands Road,  this would create an imposing and overbearing form of development, especially  when viewed from the ground floor side window at no 16.  Consequently the proposed side extension would result in an unneighbourly form of development that would be harmful to the amenities of the occupiers of 16 Priestlands Road and as such would be contrary to Policy CS2 of the Core Strategy for the New Forest District outside the National Park.

 

 

 

 

38p

4 South Street, Pennington, Lymington (Application 16/11701) pdf icon PDF 646 KB

Use of ground floor as 1 flat

 

RECOMMENDED:

 

Refuse

 

Minutes:

Details:

Use of ground floor as 1 flat

 

 

 

 

Public Participants:

Mr Davies – Applicant’s Agent

 

 

 

 

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.  They concluded that there were no grounds under common law to prevent them from remaining in the meeting to speak and to vote.

 

 

 

 

Decision:

Refused

 

 

 

 


Refusal Reasons:

As per report (Item 3(p))

 

 

 

38q

Land at Buckland Manor Farm, Alexandra Road, Lymington (Application 16/10764) pdf icon PDF 1 MB

Development of 87 dwellings comprised: 21 detached houses; 5 bungalows; 26 pairs of semi-detached  houses; 3 terraces of 3 houses; garages; parking; landscaping; junction access; estate roads; footpaths, SANG; open space; 10 allotments.

 

RECOMMENDED:

 

Service Manager authorised to grant permission subject to S106 agreement and appropriate conditions (Please note: reconsideration of item previously approved by Committee to extend period for completion of the S106 agreement).

 

 

Minutes:

Details:

Development of 87 dwellings comprised: 21 detached houses; 5 bungalows; 26 pairs of semi-detached  houses; 3 terraces of 3 houses; garages; parking; landscaping; junction access; estate roads; footpaths, SANG; open space; 10 allotments.

 

 

 

 

Public Participants:

None

 

 

 

 

Additional Representations:

1 further letter of objection, in the same terms as set out in the report.

 

 

 

 

Comment:

Cllrs Penson and White disclosed pecuniary interests as members of Lymington and Pennington Town Council which were potential parties to the S106 Agreement.  They took no part in the consideration and did not vote.

 

 

 

 

Decision:

Service Manager Planning and Building Control authorised to grant planning consent subject to the completion by 30 March 2017 of the requisite S106 agreement and with the imposition of conditions. If the Agreement has not been completed by that date, Service Manager Planning and Building Control authorised to refuse consent.

 

 

 

 


Conditions:

Agreements/

Negotiations:

As per report (Item 3(q))

 

 

Refusal Reasons:

 

As per report (Item 3(q))

 

 

 

39.

Exclusion of the public including the press

Minutes:

RESOLVED:

 

That, under Section 100(A)(4) of the Local Government Act 1972, the public and the Press be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 1 and 7 of Part I of Schedule 12A of the Act and the public interest in maintaining the exception outweighs the public interest in disclosing it.

 

 

40.

Indemnification in Relation to a Legal Matter

Minutes:

The Chairman, Cllr Mrs Andrews, disclosed a disclosable pecuniary interest on the grounds that the decision might affect her financial affairs.  Having left the meeting she took no part in the consideration or voting.

 

The Vice-Chairman, Cllr Mrs Ward, in the Chair.

 

This matter was considered, as a matter of urgency, with the consent of the Chairman on the grounds that the need for the decision had only very recently come to light, and it was important that the Committee’s recommendation was considered by the Council at its meeting on 20 February 2017.

 

The Committee considered the course of action that should be taken to remedy an error.  It had been agreed that the most appropriate way forward would be for the Council to seek a judicial review to have the decision quashed.  This could not be initiated by the planning service and the most appropriate person to act was the Chairman of the Planning Development Control Committee.  As the Chairman was acting in the best interests of the Council, she should be indemnified against any costs that might arise from the proceedings.

 

RECOMMENDED:

 

That Councillor Mrs D E Andrews be indemnified in respect of any adverse costs order that might be made against her in respect of this action.