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 Bennison, Penson and Rostand.

 

 

41.

Minutes

To confirm the minutes of the meeting held on 8 February 2017 as a correct record.

 

 

Minutes:

RESOLVED:

 

That the minutes of the meeting held on 8 February 2017 be signed by the Chairman as a correct record.

 

 

42.

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 Armstrong disclosed a non-pecuniary interest in application 16/11569 as a member of Hythe and Dibden Parish Council which had commented on the application.

 

Cllr Davis disclosed a non-pecuniary interest in application 15/11797 as a member of Totton and Eling Town Council which had commented on the application.

 

Cllr Ford disclosed a non-pecuniary interest in applications 13/11450 and 16/11520 as a member of Ringwood Town Council which had commented on the applications.

 

Cllr L Harris disclosed a non-pecuniary interest in application 15/11797 as a member of Totton and Eling Town Council which had commented on the application.

 

Cllr Harrison disclosed a non-pecuniary interest in application 15/11797 as a member of Totton and Eling Town Council which had commented on the application.

 

Cllr Hoare disclosed a non-pecuniary interest in applications 16/11407 and 16/11408 as a member of Marchwood Parish Council which had commented on the applications.

 

Cllr Rippon-Swaine disclosed a non-pecuniary interest in applications 13/11450 and 16/11520 as a member of Ringwood Town Council which had commented on the applications.

 

Cllr Thierry disclosed a non-pecuniary interest in applications 13/11450 and 16/11520 as a member of Ringwood Town Council which had commented on the applications.

 

Cllr White disclosed a non-pecuniary interest in application 16/11737 as a member of Lymington and Pennington Town Council which had commented on the application.

 

 

43.

Planning Applications for Committee Decision

To determine the applications set out below:

 

 

43a

Land at Crow Arch Lane and Crow Lane, Crow, Ringwood (Application 13/11450) pdf icon PDF 486 KB

Proposed amendments to the Section 106 Agreement to facilitate a phased approach to the site’s development, to delete references to the Code for Sustainable Homes and to offer scope to provide ‘Starter Homes’ within the scheme in addition to the affordable tenures already included.

 

Mixed development of up to 175 dwellings (Use Class C3); up to 1.5 hectares of small employment (Use Classes B1 and B2); nursing home (Use Class C2); child nursery (Use Class D1); hotel / pub / restaurant (Use Class C1); fitness centre (Use Class D2); retail / professional services / restaurant (Use Class A1 /A2 /A3); open space areas; allotments; accesses on to Crow Lane and Crow Arch Lane; estate roads; footpaths; cycle ways; foul and surface water infrastructure (Outline Application with details only of access)

 

RECOMMENDED:

 

That the Section 106 Agreement be varied in accordance with the details set out in the report.

 

Minutes:

Details:

Proposed amendments to the Section 106 Agreement to facilitate a phased approach to the site’s development, to delete references to the Code for Sustainable Homes and to offer scope to provide ‘Starter Homes’ within the scheme in addition to the affordable tenures already included.

 

Mixed development of up to 175 dwellings (Use Class C3); up to 1.5 hectares of small employment (Use Classes B1 and B2); nursing home (Use Class C2); child nursery (Use Class D1); hotel / pub / restaurant (Use Class C1); fitness centre (Use Class D2); retail / professional services / restaurant (Use Class A1 /A2 /A3); open space areas; allotments; accesses on to Crow Lane and Crow Arch Lane; estate roads; footpaths; cycle ways; foul and surface water infrastructure (Outline Application with details only of access)

 

 

Public Participants:

Mr Pugsley – Applicant’s Representative.

 

 

Additional Representations:

None

 

 

Comment:

Cllrs Ford, Rippon-Swaine and Thierry disclosed non-pecuniary interests as members of Ringwood 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 in the case of Cllrs Rippon-Swaine and Thierry to vote.  Cllr Ford did not have a vote.

 

The wording of the officer’s recommendation was amended as set out in the update circulated prior to the meeting.

 

 

Decision:

That the Section 106 agreement be varied solely in accordance with the details set out in Report Item 3 (a) considered by the Committee, subject to further negotiation between Council Officers and the applicant, but otherwise remain unchanged.

 

 

 

 

43b

Land at Crow Arch Lane and Crow Lane, Crow, Ringwood (Application 16/11520) pdf icon PDF 1 MB

Phase 1: development of 62 dwellings comprised: 15 houses; 9 pairs of semi-detached houses; 3 terrace of 3 houses; 3 terrace of 4 houses; 8 flats; garages; public open space; SANG; ancillary infrastructure; allotment land (Details of appearance, landscaping, layout and scale development granted by Outline Permission 13/11450)

 

RECOMMENDED:

 

Planning consent subject to conditions

 

 

Minutes:

Details:

Phase 1: development of 62 dwellings comprised: 15 houses; 9 pairs of semi-detached houses; 3 terrace of 3 houses; 3 terrace of 4 houses; 8 flats; garages; public open space; SANG; ancillary infrastructure; allotment land (Details of appearance, landscaping, layout and scale development granted by Outline Permission 13/11450)

 

 

Public Participants:

Mr Pugsley – Applicant’s Representative

Mr Graham - on Behalf on Better Ringwood

Town Cllr Treleaven – Ringwood Town Council.

 

 

Additional Representations:

Hampshire County Council’s Highways Engineer - a footpath could be provided on highway land and this could be progressed further through the existing Section 106 Agreement.

Natural England raised no objection to the proposals.

 

 

Comment:

Cllrs Ford, Rippon-Swaine and Thierry disclosed non-pecuniary interests as members of Ringwood 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 in the case of Cllrs Rippon-Swaine and Thierry to vote.  Cllr Ford did not have a vote.

 

The officer’s recommendation was amended as set out in the update circulated prior to the meeting.  It was noted that proposed revised condition 9 had been duplicated, and the duplicate (no 10) should be deleted.

 

 

Decision:

Service Manager Planning and Building Control authorised to grant planning consent subject to the revision of condition no. 1 to ensure that all plans and documents are included and the following conditions:

 

 


Conditions/

Agreements/

Negotiations:

1.     As amended

 

2.   Prior to development above slab level on any plot hereby approved, samples or exact details of the facing and roofing materials to be used shall be submitted to and approved in writing by the Local Planning Authority.  The development shall only be implemented in accordance with the approved details.

 

Reason:  To ensure an acceptable appearance of the building in accordance with policy CS2 of the Core Strategy for the New Forest District outside the National Park.

 

3.   Prior to the occupation of each plot provision for parking for that plot shall have been constructed and made available in accordance with the approved plans and shall be retained thereafter.

 

Reason: To ensure adequate on-site car parking provision for the approved development in accordance with Policy CS24 (of the Core Strategy for the New Forest District outside the National Park).

 

4.   Prior to the occupation of each plot provisions for cycle storage shall be provided in accordance with a scheme to have been submitted to and approved in writing by the Local Planning Authority and shall thereafter be retained.

 

Reason: To ensure adequate provision for cycle storage for dwellings within the phase in accordance with Policy CS24 of the Core Strategy for the New Forest District outside the National Park.

 

5.   Before use of the development is commenced provision for turning to enable vehicles to enter and leave in a forward gear shall have been provided within the site in accordance with the approved plans and shall be retained thereafter in accordance with Policy CS24 (of the Core Strategy for the  ...  view the full minutes text for item 43b

43c

Unit 2C (N), North Road, Marchwood Industrial Park, Marchwood (Application 16/11407) pdf icon PDF 885 KB

Biodiesel fuelled Flexible Generation Facility (Facility A); associated infrastructure and alterations

 

RECOMMENDED:

 

Planning consent subject to conditions

 

 

Minutes:

Details:

Biodiesel fuelled Flexible Generation Facility (Facility A); associated infrastructure and alterations

 

 

Public Participants:

Mr Stephens – Applicant’s Representative

Mrs Wathen – Marchwood Parish Council

 

 

Additional Representations:

Detailed comments from the Environmental Health Officer were attached to the update circulated prior to the meeting.

 

 

Comment:

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

 

The officer’s recommendation was amended to require the prior approval of the requirements under conditions 7, 8, 10 and 11 before consent could be granted.

 

A statement from Cllr Bennison opposing the application was submitted to the meeting.

 

The Committee concluded that the application was not supported by sufficient information to demonstrate that this power generation plant, together with Unit B (to be considered separately under reference 16/11408) could be operated without causing noise and vibration that would constitute a nuisance to nearby residents and businesses; or causing a deterioration in air quality, in particular with respect to nitrogen dioxide and particulate concentrations in the air.  In addition to the proposals’ close proximity to residential properties, the prevailing winds would take emissions across Southampton Water and into the area where proposals were under development for the declaration of a Clean Air Zone, specifically to address nitrogen dioxide and particulate levels.  The Committee noted that technology was available to significantly reduce the emissions of nitrogen dioxide, but the applicant had not chosen to include such measures.  The Committee also noted that the Government was currently consulting on Guidance to control emissions from stand-by generation plants of this type, as the current air quality standards, which were based on longer term operations, were not adequate. 

 

A majority of members indicated that they wished to determine this application with a recorded vote.

 

On the motion that the application be refused Cllrs Armstrong L Harris, Harrison, Hoare, Holding  and Thierry voted in favour; Cllrs D Andrews, Carpenter, Davis, Olliff-Cooper, Rippon-Swaine, Sevier, Wappet, C Ward and White voted against, with Cllr Wyeth abstaining.  The motion was declared lost.

 

On the motion that consideration of this application be deferred to allow further negotiations and the submission of additional information Cllrs D Andrews, Armstrong, Carpenter, Davis, L Harris, Holding, Olliff-Cooper, Ripon-Swaine, Sevier, Thierry, Wappet,  C Ward, White and Wyeth voted in favour and Cllrs Harrison and Hoare voted against.  The motion was declared carried.

 

 

Decision:

That consideration of this application be deferred to allow further negotiations and the submission of additional information.

 

 

 

 

43d

Unit 2C (N), North Road, Marchwood Industrial Park, Marchwood (Application 16/11408) pdf icon PDF 896 KB

Biodiesel fuelled Flexible Generation Facility (Facility B); associated infrastructure and alterations

 

RECOMMENDED:

 

Planning consent subject to conditions

 

 

Minutes:

Details:

Biodiesel fuelled Flexible Generation Facility (Facility B); associated infrastructure and alterations

 

 

Public Participants:

Mr Stephens – Applicant’s Representative

Mrs Wathen – Marchwood Parish Council

 

 

Additional Representations:

Detailed comments from the Environmental Health Officer were attached to the update circulated prior to the meeting.

 

 

Comment:

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

 

The officer’s recommendation was amended to require the prior approval of the requirements under conditions 7, 8, 10 and 11 before consent could be granted.

 

A statement from Cllr Bennison opposing the application was submitted to the meeting.

 

The Committee concluded that the application was not supported by sufficient information to demonstrate that this power generation plant, together with Unit A (to be considered separately under reference 16/11407) could be operated without causing noise and vibration that would constitute a nuisance to nearby residents and businesses; or causing a deterioration in air quality, in particular with respect to nitrogen dioxide and particulate concentrations in the air.  In addition to the proposals’ close proximity to residential properties, the prevailing winds would take emissions across Southampton Water and into the area where proposals were under development for the declaration of a Clean Air Zone, specifically to address nitrogen dioxide and particulate levels.  The Committee noted that technology was available to significantly reduce the emissions of nitrogen dioxide, but the applicant had not chosen to include such measures.  The Committee also noted that the Government was currently consulting on Guidance to control emissions from stand-by generation plants of this type, as the current air quality standards, which were based on longer term operations, were not adequate.  The Committee concluded that it was unable to determine the application without this further information.

 

 

 

Decision:

That consideration of this application be deferred to allow further negotiations and the submission of additional information.

 

 

 

 

43e

Land adjacent to Autumn Lodge, North Road, Dibden Purlieu, Hythe (Application 16/11569) pdf icon PDF 936 KB

Two houses; access; parking; landscaping

 

RECOMMENDED:

 

Planning consent subject to conditions

 

 

Minutes:

Details:

Two houses; access; parking; landscaping

 

 

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(e)).

 

 

 

43f

18 Fairfield Road, Barton-on-Sea, New Milton (Application 16/11649) pdf icon PDF 506 KB

Two-storey side extension; porch

 

RECOMMENDED:

 

Planning consent subject to conditions

 

 

Minutes:

Details:

Two-storey side extension; porch

 

 

Public Participants:

Mr Sgambaro – Applicant

Mr Thacker - Objector

 

 

Additional Representations:

None

 

 

Comment:

None

 

 

Decision:

Planning consent

 

 


Conditions:

As per report (Item 3(f)).

 

 

 

43g

4 Tucks Close, Bransgore (Application 16/11665) pdf icon PDF 581 KB

Single-storey front, side and rear extensions; use of garage as living accommodation

 

RECOMMENDED:

 

Planning consent subject to conditions

 

 

Minutes:

Details:

Single-storey front, side and rear extensions; use of garage as living accommodation

 

 

Public Participants:

Miss Perry - Objector

 

 

Additional Representations:

None

 

 

Comment:

None

 

 

Decision:

Planning consent.

 

 


Conditions:

As per report (Item 3(g)).

 

 

 

43h

16 Eldon Avenue, Barton-on-Sea, New Milton (Application 16/11698) pdf icon PDF 580 KB

Roof alterations in association with new first floor; dormer; rooflights; side and rear extension; porch

 

RECOMMENDED:

 

Planning consent subject to conditions

 

 

Minutes:

Details:

Roof alterations in association with new first floor; dormer; rooflights; side and rear extension; porch

 

 

Public Participants:

Mr Whild – Applicant’s Agent

 

 

Additional Representations:

None

 

 

Comment:

None

 

 

Decision:

Planning consent

 

 


Conditions:

As per report (Item 3(h)).

 

 

 

43i

The Wilderness, West Road, Milford-on-Sea (Application 16/11722) pdf icon PDF 467 KB

Two-storey house with balcony; demolition of existing; detached garage with workshop; access alterations

 

RECOMMENDED:

 

Refuse

 

 

Minutes:

Details:

Two-storey house with balcony; demolition of existing; detached garage with workshop; access alterations

 

 

Public Participants:

Dr Waller - Applicant

 

 

Additional Representations:

None

 

 

Comment:

The Committee considered that the design of the proposed replacement dwelling was acceptable and the new dwelling would preserve the openness of the Green Belt.

 

 

Decision:

Planning consent

 

 


Conditions:

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

 

 

 

43j

3 Filton Road, Lymington (Application 16/11737) pdf icon PDF 559 KB

Two-storey side extension; single-storey front extension; one and two-storey rear extension; one front and two rear rooflights in association with new second floor

 

RECOMMENDED:

 

Refuse

 

 

Minutes:

Details:

Two-storey side extension; single-storey front extension; one and two-storey rear extension; one front and two rear rooflights in association with new second floor

 

 

Public Participants:

Mr Grant – Applicant’s Agent.

 

 

Additional Representations:

One additional letter from the applicant’s agent.

 

 

Comment:

The Committee considered that the design of the proposed extension was in keeping with the character of the road and other extensions that had already been constructed at nearby properties.

 

 

Decision:

Planning consent

 

 


Conditions:

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

 

 

 

43k

9 Hurst Road, Milford-on-Sea (Application 16/11748) pdf icon PDF 901 KB

Variation of Condition 2 of Planning Permission 16/10621 to allow amended plans 1049.100;101;102a;103a;104a;105a;106a;107a to allow privacy screens to all balconies; single-storey extension to rear of all dwellings

 

RECOMMENDED:

 

That the Service Manager Planning and Building Control be authorised to grant the variation of condition subject to no further substantive comments being received by 9 March 2017 and the conditions as set out in the report.

 

 

Minutes:

Details:

Variation of Condition 2 of Planning Permission 16/10621 to allow amended plans 1049.100;101;102a;103a;104a;105a;106a;107a to allow privacy screens to all balconies; single-storey extension to rear of all dwellings

 

 

Public Participants:

Mr Compton - Objector

 

 

Additional Representations:

None

 

 

Comment:

None

 

 

Decision:

Service Manager Planning and Building Control be authorised to grant the variation of condition

 

 

 


Conditions/

Agreements/

Negotiations:

Subject to no further substantive comments being received by 9 March 2017 and the conditions as set out in the report.

 

 

 

43l

Kings Farm, Kings Farm Lane, Hordle (Application 17/10110) pdf icon PDF 473 KB

21m high lattice tower; 3 antennas; 2 microwave dishes; 2 equipment cabinets; ancillary development (Prior Notification to carry out Telecommunications Development)

 

RECOMMENDED:

 

Details not required to be approved.

 

 

Minutes:

Details:

21m high lattice tower; 3 antennas; 2 microwave dishes; 2 equipment cabinets; ancillary development (Prior Notification to carry out Telecommunications Development)

 

 

Public Participants:

None

 

 

Additional Representations:

Aerodrome Safeguarding – no objection

 

 

Comment:

None

 

 

Decision:

Details not required to be approved.

 

 

 


Conditions:

None, as per report (Item 3(l)).

 

 

 

44.

Exclusion of the Public and the Press

At the conclusion of this part of the Agenda, the Chairman of the Committee will move the following resolution:-

 

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 paragraph 5 of Part I of Schedule 12A of the Act and the public interest in maintaining the exception outweighs the public interest in disclosing it."

 

 

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 paragraph 5 of Part I of Schedule 12A of the Act and the public interest in maintaining the exception outweighs the public interest in disclosing it.

 

 

45.

Planning Appeal - Land at Loperwood Lane, Calmore, Totton (Application 15/11797)

To consider the course of action to be taken in respect of the planning appeal following the decision to refuse permission for the erection of up to 80 dwellings at Loperwood Lane, Calmore, Totton.

 

 

Minutes:

Cllrs Davis, L Harris and Harrison disclosed non-pecuniary interests as members of Totton and Eling 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.  They abstained from voting.

 

In the light of changes in Government policy and priorities, Counsel’s opinion had been sought in respect of the forthcoming planning appeal for the development of this site.  The Committee considered the implications of this advice.

 

RESOLVED:

 

That no evidence be submitted in support of its reasons for refusal in respect of proposed development at Loperwood Lane, Calmore, Totton.