Item 7(i) Report to Planning Development Control Committee Date: 9 September 2009 Report of: Director of Regulatory Services Subject: PLANNING APPLICATIONS AND MISCELLANEOUS MATTERS SUMMARY This report recommends action on various planning applications and miscellaneous items RECOMMENDATION The recommendations are detailed individually at the end of the report on each planning application. dc-090909-r 04-lsm -2- Index List of Applications with Item Numbers Application No Item No FAREHAM EAST P/09/0548/FP SALTERNS LANE - SALTERNS PIER -, FAREHAM EXTENSION TO EXISTING PONTOONS Permission 12 Permission 13 Permission 14 1 SHANNON ROAD, STUBBINGTON ERECTION OF SINGLE STOREY REAR EXTENSION TO GARAGE Permission 15 48 OLD STREET, FAREHAM ERECTION OF TWO STOREY EXTENSIONS & ALTERATIONS Permission 16 Permission 1 Permission 2 FAREHAM NORTH P/09/0622/FP 55 SOMERVELL DRIVE, FAREHAM ERECTION OF SINGLE STOREY REAR EXTENSION AND NEW ROOF OVER EXISTING GARAGE FAREHAM NORTH-WEST P/09/0651/FP 183 GUDGE HEATH LANE, FAREHAM ALTERATIONS TO EXISTING CHALET BUNGALOW AND ERECTION OF ONE NEW DETACHED DWELLING HILL HEAD P/09/0546/FP P/09/0606/FP PARK GATE P/09/0540/FP P/09/0559/FP dc-090909-r 04-lsm 2 STALYBRIDGE CLOSE, PARK GATE BUILD UP BARN END WALLS TO FORM GABLES AND PROVISION OF FRONT & REAR DORMERS 10 GORSE CLOSE, LOCKS HEATH ERECTION OF TWO STOREY SIDE & REAR AND SINGLE STOREY REAR EXTENSION -3P/09/0588/FP P/09/0671/FP 10 CHICHESTER CLOSE, LOCKS HEATH ERECTION OF REAR CONSERVATORY 87 WINNARDS PARK, SARISBURY GREEN ERECTION OF NEW DWELLING AND EXTENSION TO EXISTING DWELLING Permission 3 Permission 4 Permission 17 Refuse 18 Permission 19 Permission 5 PORTCHESTER EAST P/09/0621/FP P/09/0626/CU P/09/0628/FP HOSPITAL LANE - TURRET HOUSE -, PORTCHESTER VARY CONDITIONS 3 AND 8 OF P/04/0955/FP (PART RETAIN EXTG BLDG FOR GARAGE/BOILER ROOM/LOGSTORE, ALTS TO DRIVE & TURNING AREAS) SUNNINGDALE ROAD - 14-16 -, PORTCHESTER, - LAND TO REAR OF CHANGE OF USE OF LAND TO FORM PART PRIVATE GARDEN AND RETENTION OF STRUCTURE(RETROSPECTIVE APPLICATION) 22 ALTON GROVE, PORTCHESTER RETENTION OF REAR BALCONY SARISBURY P/09/0454/FP P/09/0509/RM P/09/0575/TO dc-090909-r 04-lsm 256 BRIDGE ROAD, SWANWICK PROVISION OF DIVING TRAINING LAKE WITH ANCILLARY PAVILION BUILDING AND LANDSCAPING SHETLAND RISE, WHITELEY, - LAND OFF ERECTION OF FORTY-SEVEN Permission DWELLINGS, NEW ACCESS ROAD AND ASSOCIATED PARKING AND LANDSCAPING JOHN WILLMENT MARINE LTD, UNIVERSAL SHIPYARD, SARISBURY GREEN,SOUTHAMPTON, FELL 3 OAK TREES COVERED BY FTPO99. Consent 6 7 -4- P/09/0605/CU 231A SWANWICK LANE, LOWER SWANWICK CHANGE OF USE TO BEAUTY THERAPY SALON (SUI GENERIS) & INSTALL AIR CONDITIONING UNIT(RETROSPECTIVE APPLICATION) Permission 8 Outline Permission 9 WARSASH P/09/0518/OA P/09/0595/FP P/09/0601/FP dc-090909-r 04-lsm 57 SHORE ROAD, WARSASH DEMOLITION OF EXISTING DWELLING AND ERECTION OF SIX DWELLINGS (OUTLINE APPLICATION) 121 FLEET END ROAD, WARSASH ERECTION OF REAR EXTENSION & Permission ALTERATIONS TO ROOF TO PROVIDE 1ST FLOOR ACCOM INC.EXTENDED SIDE DORMER 88 NEWTOWN ROAD, WARSASH CONVERSION OF EXISTING DWELLING & ANNEXE TO 6 DWELLINGS (ALTERNATIVE TOP/08/1138/FP) Permission 10 11 -5- ZONE 1 – WESTERN WARDS Locks Heath Park Gate Sarisbury Titchfield Titchfield Common Warsash dc-090909-r 04-lsm -6- (1) P/09/0540/FP MR & MRS MCMANUS PARK GATE AGENT: SPACE & STYLE HOME DESIGN BUILD UP BARN END WALLS TO FORM GABLES AND PROVISION OF FRONT & REAR DORMERS 2 STALYBRIDGE CLOSE PARK GATE SO31 7FZ OFFICERS REPORT - Emma Betteridge ext. 2677 Site Description This application relates to a detached dwelling on the east side of Stalybridge Close which is to the east of Ironbridge Crescent. Description of Proposal Planning permission is sought for the construction of front and rear dormer windows and building up the barn-hips to gable ends. Policies Fareham Borough Local Plan Review - DG3 and DG5 Representations One letter has been received objecting on the following grounds: Overlooking Loss of privacy Comments This application relates to a detached dwelling on the east side of Stalybridge Close. Planning permission has been sought for alterations to the roof of the property so additional accommodation can be provided by constructing front and rear dormer windows and building up the barn-hipped ends to form gables. The main issues in this case are: (i) Amenities of neighbouring properties; (ii) The design and effect on the appearance of the building and area. Amenities of neighbouring properties One letter of objection has been received from the occupier of a property on the opposite side of the road raising concern that the front dormer window would create a dc-090909-r 04-lsm -7unacceptable level of overlooking and loss of privacy to the rear of their property and garden area. The front dormer window achieves a minimum distance of 13 metres to the objector's boundary and 18 metres to the rear of their property at an a oblique view across a road. In the opinion of officers any overlooking would be limited and the amenities of this property would not be materially affected. The design and effect on the appearance of the building and area. Both the front and rear dormer windows contain pitch roof elements. The scale of the dormers is such that the ridges of the dormer windows extends from the main ridge of the house. The Council's Extension Design Guide recommends that dormers are kept below the original ridge line of the roof. Officers have requested that the application be amended to set the dormers below the ridge line. Amended plans showing such a change are expected. Subject to the receipt of acceptable amended plans officers consider the proposal accords with the Extension Design Guide and local plan policies. The application is considered to be in compliance with the relevant policies within the Fareham Borough Local Plan Review. RECOMMEND: Subject to the receipt of satisfactory amended plans showing the dormer windows set below the ridge line of the existing house. PERMISSION: Materials to match BACKGROUND PAPERS: P/09/0540/FP (2) P/09/0559/FP MR GARY MARUM PARK GATE AGENT: MRS SARAH BAX ERECTION OF TWO STOREY SIDE & REAR AND SINGLE STOREY REAR EXTENSION 10 GORSE CLOSE LOCKS HEATH SO31 6XZ OFFICERS REPORT - Susannah Chaplin ext. 2412 Site Description This application relates to a detached property to the north of Gorse Close. Description of Proposal dc-090909-r 04-lsm -8Permission is sought to erect a two storey side/rear extension measuring 8.4 metres in depth, 2.9 metres in width with a ridge height of 5.7 metres; a single storey rear extension measuring 2.8 metres in depth, 6.8 metres in width with a ridge height of 3.5 metres. Policies Fareham Borough Local Plan Review Policies - DG3,DG4 and DG5 Representations One letter has been received objecting on the following grounds: Has the root protection area of the mature trees to the rear been taken into account? Loss of light A flat roof to the extension may counteract the reduction in direct sunlight Consultations Chief Planning and Transportation Officer (Arborist) - No objection Comments The proposed two storey side/rear extension would extend above an existing single storey side attached garage and would protrude to the rear by 2.8 metres. A single storey extension would be erected across the entire width of the dwelling also extending out 2.8 metres beyond the rear wall of the dwelling. The occupants of the property to the east (No.11) have raised concerns over loss of light. The Fareham Borough Council Extension Design Guide states that normally single storey extensions up to three metres in depth on the property boundary are acceptable in relation to loss of light. The fact that the two dwellings are detached reduces the potential for impact further. Officers do not consider that the proposal would have a detrimental impact on the amenities of the occupants of the neighbouring property in terms of loss of light. The proposed two storey side/rear extension would be sited on the boundary with the property to the west. The extension would be set back 2.9 metres from the front of the property. Officers do not consider that the loss of the visual gap at first floor level between the two properties would be detrimental to the visual amenities of the streetscene. There are no properties directly facing the application site and the proposed side extension would only be visible when stood almost directly in front of the property. There is a row of mature trees along the rear garden boundary. The Council's Arborist has been consulted on the proposal and has raised no objection. The proposal complies with the Fareham Borough Local Plan Review and the Extension Design Guide and is considered acceptable. dc-090909-r 04-lsm -9- RECOMMEND: PERMISSION: Materials to match BACKGROUND PAPERS: P/09/0559/FP (3) P/09/0588/FP MR & MRS ANTRAM PARK GATE AGENT: CROFTON CONSERVATORY CENTRE ERECTION OF REAR CONSERVATORY 10 CHICHESTER CLOSE LOCKS HEATH SO31 6EX OFFICERS REPORT - Simon Thompson ext. 4815 Site Description Number 10 Chichester Close is a detached two storey residential property within the urban area. Description of Proposal This application seeks permission for a rear conservatory at 10 Chichester Close. This conservatory would: Be positioned on the southern most part of the existing dwelling; Be flush with the existing south east flank of this dwelling and be about 1m off the property's southeast boundary; Would measure 5.5 metres in depth at the deepest point; Have walls/side windows of at most about 2.2m in height, a centralised ridged roof of up to about 3.1m in height, with a hipped roof design over its splayed deepest ends. Policies Fareham Borough Local Plan Review - Policies DG3 and DG5 Relevant Planning History P/98/0229/FP - Erection of single storey rear extension - Permission April 1998 Representations One email has been received from the neighbouring dwelling to the south east objecting on the following grounds: dc-090909-r 04-lsm - 10 Loss of natural and sun light (e.g. to this neighbour's decked area); Change in outlook/view/appearance from this neighbour's lounge and decked area; Loss of view of trees; and Consider that the conservatory could be reduced in length to reduce its intrusive outlook effects on this neighbouring property. Comments Officers have visited the neighbouring property to assess the likely impact of the proposed conservatory. The nearest affected windows of the lounge of this neighbouring house are a pair of (approximately) 1.50 metres wide clear glazed, rear facing patio doors. These patio doors look directly out onto this neighbouring dwelling's own obscure roof canopy decked area, with its light being compromised as a result. This lounge also has an existing side window and another rear opening for further light. The Council's approved Extension Design Guide (EDG) normally looks to limit the depth of rear extensions to 3 metres when that extension is positioned on a party boundary. The proposed conservatory would effectively project 5.25m beyond the neighbour's rear wall before splaying away from the neighbour. However in this case there would be some 2.5m separation between the nearest flanks of these neighbouring dwellings. An existing 1.9m fence marks the boundary. This means only a 0.3m height of flank wall of the conservatory might be seen above this fence. In light of the fact that the conservatory lies to the north of the neighbours, the separation between the properties, the screen fence and the fairly broad outlook which would remain available to the neighbour, the proposal is considered acceptable. RECOMMEND: PERMISSION: BACKGROUND PAPERS: dc-090909-r 04-lsm - 11 - (4) P/09/0671/FP MR SHAUN BRADING PARK GATE AGENT: MR JON TYRRELL 87 WINNARDS PARK ERECTION OF DWELLING AND SARISBURY GREEN EXTENSION TO EXISTING DWELLING OFFICERS REPORT - Simon Thompson ext. 4815 SO31 7BX Site Description 87 Winnards Park (No. 87) is a two storey end of terrace house with a rear conservatory and a eastern single storey side extension and gravelled front drive all located at the south eastern cul-de-sac end of Winnards Park, Sarisbury Green. To this property's south is new residential development of houses currently being built on the former site of 21 and 23 Brook Lane, to its east are a terrace of single storey garages accessed off Brook Lane, to its north east is a small belt of woodland beside Brook Lane, whilst to its north, north west and west are other residential properties located on Winnards Park. There is a footpath running from this cul-desac end of Winnards Park, in front of No. 87, and onto Brook Lane. The site and its near neighbourhood are within the urban area. Description of Proposal This application seeks permission to demolish the existing single storey side extension of the dwelling at No.87 and replace it with a new two storey dwelling. This new dwelling would be physically attached to the remaining part of the existing dwelling. It would measure 6 metres in width and extend beyond the back of the existing dwelling by 6m. The new dwelling would have a rectangular footprint, with matching eaves and main ridge height to that of existing dwelling when viewed from the front. There would be a gap of 1 - 1.5 metres between the proposed dwelling and the existing terrace of garages to its east. The existing dwellinghouse is also to be extended at its rear. This would involve an existing rear conservatory being replaced with an extension. The extension would be single storey where it adjoins the neighbouring property. The element away from the boundary would have accommodation at first floor as well. Policies Fareham Borough Local Plan - Policies DG1, DG3, DG4, DG5, DG9, H2, R5 and T5 Relevant Planning History P/09/0060/FP - Erection of two storey extension to form separate dwelling - Refused March 2009 dc-090909-r 04-lsm - 12 - Q/0296/09 - Proposed revised application P/09/0060/FP - Reservations expressed about outlook and light effects on site's existing dwelling - July 2009 Q/0334/09 - Proposed revised application P/09/0060/FP - Proposal likely to be acceptable subject to planning conditions/legal agreements - July 2009 Representations One email has been received objecting on the following grounds: Inadequate parking with limited turning perhaps resulting in dangerous reversing onto the public highway; Over development for example in terms of locally comparable floor space; Two storey rearward projection's blockage of light and privacy of adjoining dwellings with oblique views of neighbours gardens; and Poor design of rear extension with dormer window seemly proposed to mask the new dwelling's rearward projection. Consultations Director of Regulatory Services (Environmental Health) - No objection Chief Planning & Transportation Officer (Highways) - Comments awaited Chief Planning & Transportation Officer (Arborist) - Comments awaited Comments Planning Application P/09/0060/FP was refused on the grounds that the proposed development would be contrary to Policies DG5(B), R5 and DG9 of the FBLPR and unacceptable in that: (i) The proposed two storey dwelling would be overbearing and an unneighbourly form of development unacceptably reducing outlook from and light available to the existing house (no.87); (ii) In the absence of a commuted payment towards open space and facilities, this development would exacerbate existing deficiencies in such facilities to the detriment of existing and new residents; and (iii) In the absence of a financial contribution towards transport infrastructure or services improvements to mitigate the additional transport need and burden from the development on the existing transport network, the development would cause detriment to highway network users. The current application reflects that proposed under Q/0334/09 to which Officers gave informal planning advice that that proposal was likely to be acceptable subject to planning conditions/legal agreements. dc-090909-r 04-lsm - 13 The current application's proposed extensions to the existing dwelling (no.87) Winnards Park has addressed reason (i) above, though a condition would need to be applied to the proposed development to ensure this element is constructed if the new dwelling is built. In terms of (ii) and (iii), planning obligations would need to be entered into to secure the required commuted/financial contributions. In terms of the points of objection set out above which were received from the member of the public: The new dwelling would be screened from public street views by the remaining terraced dwellings to the west, trees to the north east and those trees beyond the garages to the east and southeast and on the site's southern boundary. The two storey rearward projection of the new dwelling would be over 7.5m from the rear garden of the neighbouring property (no.85). The existing rear conservatory at 87 Winnards Park is to be replaced with a single storey rear extension closest to the boundary. The extension would have its western wall on the property boundary the same as the existing conservatory. It will be the same depth as the existing conservatory and have a matching southern eaves height. The roof would no longer slope away from No. 85 but be a lean-to design rising to just below the sill height of the existing first floor windows at No.87. Officer consider this relationship with number 85 is acceptable. In light of the above (and having visited both nos 85 and 87), Officers consider the potential light and outlook effects of the development on the existing dwelling at no.87 and on no.85 are acceptable. Officers do not consider the dormer above proposed single storey rear extension for the remaining dwelling at No.87 to be a poor design. Subject to the matters detailed below officers consider the amended proposal to be acceptable. RECOMMEND: Subject to: (i) the applicant/owner first entering into a planning obligation pursuant to Section 106 of the Town and Country Planning Act 1990 on terms drafted by the Solicitor to the Council to secure a financial contribution towards off-site public open space and/or facilities and highway infrastructure improvements by 1 October 2009; (ii) Subject to the consideration of the comments of the Chief Planning and Transportation Officer (Highways) and (Arborist). PERMISSION: Materials to be agreed; Boundary treatment; Remove permitted development rights for windows in west elevations of the ground floor of the proposed dwelling and proposed single storey rear extension of the remaining dwelling at No.87; Parking and turning areas; No mud on road; hours of construction; no burning; Proposed dwelling not to be occupied until the proposed rear extensions of the remaining dwelling at No.87 have been completed; dc-090909-r 04-lsm - 14 OR: In the event that the applicant/owner fails to complete the required Obligation by 1 October 2009: REFUSE: Contrary to Policy; inadequate provision for public open space and highway infrastructure BACKGROUND PAPERS: P/09/0060/FP and P/09/0671/FP (5) P/09/0454/FP SARISBURY th th as amplified by emails dated 20 and 27 August 2009. MR ANDREW GODDARD AGENT: PENSON ARCHITECTS PROVISION OF DIVING TRAINING LAKE WITH ANCILLARY PAVILION BUILDING AND LANDSCAPING 256 BRIDGE ROAD SWANWICK SO31 7FL OFFICERS REPORT - Newrick Martin ext. 2526 Site Description The application site is approximately 0.88 hectare in area, located at the far eastern end of Oslands Lane, Swanwick. The land is currently use for horse grazing although several buildings on the land are being used for storage purposes. One of these buildings is a large industrial type, high bay building used for storage in association with the Andark Diving premises situated at the west end of Oslands Lane, fronting Bridge Road. Oslands Lane itself is an unmade and unlit single width road which climbs steeply from west to east. The site is mostly open grassland surrounded on all sides by a significant border of trees. The contours generally fall from the north to the south side, with a valley crossing the site from north to south. The site is within a countryside location and a local gap, as defined within the Fareham Borough Local Plan Review 2000. Description of Proposal The proposal is for the creation of an artificial lake, to be formed by cut and fill works using best advantage of the sloping contours. A pavilion building is proposed to the north side of the lake. This building is to be constructed into the earth banking so as to be visible on the south side only. The proposed lake and pavilion are proposed to provide a diving training facility in association with and as an extension of the training services provided by Andark dc-090909-r 04-lsm - 15 Diving at the Bridge Road premises. The requirement for the facility has been necessitated as a result of the loss of access to the lake at Horsea Island Naval Base. More specifically the lake uses will be training and safety practice for the following activities: Scuba diving and snorkelling; open water swimming training; capsize drills; sea survival drills; underwater escape training; dinghy sailing; canoeing; and lifeguard training. The lake itself would be constructed to a depth of 7 metres and surface dimensions of 50 x 35 metres. It is proposed that the lake banking and pavilion earthworks would be landscape planted to further screen the facility. The proposed pavilion would provide ancillary facilities to the lake - reception, lecture room, changing areas, kitchen/first aid room, toilets and storage of safety equipment. Limited car parking provision is intended on the application site - this being for 3 minibus spaces and two disabled spaces. Policies Fareham Borough Local Plan Review - Policies DG1, DG3, DG4, DG5, C1, C3, C12, C17, C18, T5. Relevant Planning History There is no planning history relevant to the current planning application. Representations Five letters have been received objecting on the following grounds: Traffic generated will use Oslands Lane Traffic noise, congestion, deterioration, and hazards Not in keeping with countryside No surplus car park capacity Light pollution Noise pollution Effect on wildlife Effect on water table and flood risk Currently only private use of lane Damage cause by construction vehicles Consultations Chief Planning & Transportation Officer- (Highways) - The proposal will operate with only two minibuses, then the proposed increase in daily trips will be only marginal. No highway objection raised. dc-090909-r 04-lsm - 16 Chief Planning & Transportation Officer - (Arborist) - provided the scheme is undertaken in strict accordance with the Arboricultural Impact Appraisal & Method Statement then the scheme will have no significant adverse impact on the long term health and condition of retained trees. Chief Planning & Transportation Officer - (Ecology) - The site is adjacent to the Andark Marsh Site of Nature Conservation Value (SNCV). The site and the adjacent habitats have the potential to support bats. All bats are European protected species. All bats and their roosts are strictly protected under the Wildlife & Countryside Act 1981 (as amended) and the Conservation (Natural Habitats &c.) Regulations 1994 (as amended) known as 'the Habitats Regulations'. In accordance with Local Plan Policy C18, in order to reduce or avoid negative impacts on bat foraging, consideration should be given to the potential additional impacts of the proposed night diving on bats and nocturnal species and the need for lighting of buildings. Lighting can be particularly harmful if used near woodland edges and near hedgerows used by bats. The impact on bats can be minimised by the use of low pressure sodium lamps. The lights should be positioned to avoid the sensitive areas and the times during which the lighting is on should be limited to provide some dark periods. Bats and Lighting in the UK guidance is available from the Bat Conservation Trust. The proposals are unlikely to have a significant negative impact on the habitats of the Andark Marsh Site of Nature Conservation Value. Director of Regulatory Services - (Environmental Health - Pollution) - No adverse comment. Director of Regulatory Services - (Environmental Health - Contamination) - having reviewed the available information it is noted that the site has possibly infilled ground on site and adjacent within 10 metres to the north. Recommend intrusive site investigation condition. Environment Agency - No objection in principle subject to informative. Comments Policy C1 of the adopted Local Plan Review states that 'Development in the countryside will be permitted provided that: it is essential for agricultural, forestry or horticultural purposes and/or has an overriding need for a countryside location.' Whilst a facility such as this could theoretically be accommodated within the urban area the reality is that it is difficult to identify suitable sites. The lake also needs to have clear water without sediment, mud or unstable edges; varying depths to expedite training stages safely; underwater terraces to aid access for disabled divers; perimeter access for safety and supervision; a water retaining liner throughout the lake; and a supportive building for storage. The applicant has previously investigated a number of existing areas of 'open water' in the locality but none met the requirements of the proposed use. In light of the foregoing Officers consider the principle of providing this facility in a countryside location is acceptable. dc-090909-r 04-lsm - 17 The screened nature and topography of the site means the lake and pavilion structures do not have an adverse effect on the character of the surrounding area. In the context of Policy C3 (New Buildings in the Countryside) the pavilion is not prominently sited, being underneath an earth bank and both lake and pavilion would be landscaped to minimise visual impact. Under these policies it is considered that the development would not materially harm the character or appearance of this countryside area. The issue of primary concern to local residents, mostly living in Oslands Lane, is that of traffic generation and the potential effects on their amenity as a result. To address this genuine concern the applicant has offered to introduce a traffic management scheme. All users of the lake would be required to park in the existing car park to the rear of the Andark Diving site in Bridge Lane. With the exception of disabled persons' cars, the only vehicles to use Oslands Lane to reach the lake site would be minibuses, which would have three parking spaces at each site, and an electric 'milk float' to transfer equipment. Car parking surveys of the Bridge Road facility have demonstrated that there is surplus capacity to accommodate the predicted demand for parking by users of the lake facility. No other parking provision would be provided at the lake site. Officers are satisfied that provided this traffic management arrangement is strictly followed, there would be no material harm to residents of Oslands Lane by reason of traffic or associated noise. It is intended that the Operations Management Scheme be secured by a Section 106 planning obligation. The potential for noise nuisance generated by the training activities within the lake has been considered. Given the considerable distance between the lake and the closest residential property (approx. 220 metres) and the difference in activity between a general recreational facility and a training use, as proposed, Officers are satisfied that the use of the lake would not cause noise nuisance. In terms of ecology, the sensitivity of the adjacent woodland is recognised and the potential for disturbance of bat activity is noted. As advised, a limitation on the hours of operation and control of any external lighting of the lake and pavilion would address this matter. It is intended that these be addressed by planning condition. It should also be noted that the creation of the lake and the removal of intensive grazing at the site would bring considerable ecological benefits. In conclusion, Officers consider the provision of a unique facility such as this within this countryside location is acceptable in principle. The potential problems of traffic and associated noise within Oslands Lane can be controlled by a planning obligation securing the Operations Management Scheme. In all other respects the proposal is considered acceptable. RECOMMEND: Subject to the applicant/owner first entering into a planning obligation pursuant to Section 106 of the Town and Country Planning Act 1990 on terms drafted by the Solicitor to the Council to secure an Operations Management Plan by no later than 21st September 2009; dc-090909-r 04-lsm - 18 PERMISSION: Details of materials; landscaping submission and implementation; hard surfacing; external lighting; hours of operation; mud on road; site operations; implement tree protection; no bonfires; details of how overflow discharge will be controlled. OR: In the event that the applicant/owner fails to complete the required Section 106 Agreement by 21 September 2009, REFUSE: Contrary to Policy; detrimental impact on residential amenity of residents within Oslands Lane. BACKGROUND PAPERS: File P/09/0454/FP (6) P/09/0509/RM SARISBURY th as amended by letter dated 7 July, email dated 4th August and by plans received 17th and 20th August 2009, and survey report received 28th August 2009 TAYLOR WIMPEY UK LTD AGENT: MR J C WOOLF ERECTION OF FORTY-SEVEN DWELLINGS, NEW ACCESS ROAD AND ASSOCIATED PARKING AND LANDSCAPING SHETLAND RISE, WHITELEY - LAND OFF - OFFICERS REPORT - Newrick Martin ext. 2526 Site Description The site is located to the east of the Shetland Rise residential development, to the south of the cycle/footpath linking Berber Close and Caspian Close and to the north of the proposed Rookery Avenue link road. The site has an area of approximately 1.0 hectare and is generally rectangular in shape. The site comprises an area of open rough grassland with patches of scrub, surrounded on three sides by woodland. Description of Proposal The application follows the grant of outline planning permission (P/06/1588/FP) for 47 dwellings in November 2007. That outline permission was granted by the Secretary of State following an appeal against the decision of this Council to refuse to grant full planning permission. The current application seeks consideration of the 'reserved matters' of layout, scale, appearance and landscaping. The matter of access to the site and the number of dwellings to be constructed were approved by the Inspector determining the appeal. Approval is also sought for the following details required by conditions of the outline planning permission; Condition 6 - Biodiversity management plan Condition 7 - Code for Sustainable Homes assessment dc-090909-r 04-lsm - 19 Condition 8 - Sustainable drainage scheme On submission, the current application also included details of the affordable housing provision to satisfy condition 5 of the appeal decision, however this matter has been withdrawn for consideration at this time. Similarly, details of site operations (Condition 10) have been withdrawn, together with boundary treatment. The layout includes a housing mix of 18 two bed units, 16 two bed houses and 13 three bed houses with a total of 94 car parking spaces, including 18 garages. The dwellings are varied in building heights between two, 2½ and three storeys. The application is supported by the submission of the following technical documents; Design & Access Statement Planning Statement Sustainability Overview and Predictive Code Assessment Building for Life Assessment Drainage Strategy Biodiversity Management Plan Woodland Management Plan Arboricultural Report Landscape Management Plan Construction Traffic Management Plan Policies Fareham Borough Local Plan Review Policies - DG3, DG4, DG5, DG6, C14, C16, C18, H1,H2, T5. Relevant Planning History P/06/1588/FP - Erection of 47 dwellings, including 35% affordable housing provision, new access road and associated car parking and landscaping. - Outline consent - 5 November 2007. P/08/0489/RM - Reserved Matters - Erection of 47 dwellings, new access road and associated car parking and landscaping. - Refused - 16 July 2008. Representations Fourteen letters have been received objecting on the following grounds: The design detracts from the character of the surrounding area; Overbearing; The development includes a large number flats not in keeping with the location and is totally unacceptable; The colours and materials proposed on the flats would be an eye sore and difficult to maintain leading to an undesirable visual impact on the area; Insufficient and inappropriate access to the existing cycle/footpath is provided; dc-090909-r 04-lsm - 20 The layout and parking allocation for plots 6, 7, 9 and 10 will only serve to encourage roadside/kerb parking; Lack of provision of visitor parking spaces; Passing places for service emergency vehicles are inefficient and will be used as additional parking; Inadequate drainage; Lack of supporting infrastructure; Impact on wildlife; Mapping of the environmental impact area with a polythene boundary has been inadequate due to there being breaks and damage to the boundary. Concerns about the oak trees on site; On site working time should be kept to a minimum; Concerns about noise during construction; No burning on site; Workers/visitors should not park on site or in Shetland Rise/Rookery Avenue; A wheel wash facility is essential also the developer should make arrangement for the cleaning of cars and house windows in close proximity to the site; Invasion of privacy; The position for the Material & Site Compound is immediately behind the homes in Shetland Rise and is unacceptable; Would like to see provision of an access road to link up directly from the site onto Rookery Avenue; Inadequate access; Access does not appear to be wide enough; Little consideration has been made for residents in respect of the site layout, this should be redesigned to have less impact on the adjacent roads of Shetland Rise, Berber Close and Breton Close; Social housing should be moved away from Shetland Rise; Concerns to the nature of the affordable housing and the calibre of the Tenants/part owner that would inhabit the properties. The green area at the top of Shetland Rise currently provides an open space for children to play; this will no longer be possible due to the additional cars; The plan does not allow a 9m gap between the bottom of the garden of 15 Shetland Rise and the start of the planned gardens; Consultations Chief Planning & Transportation Officer - (Policy) - The site is allocated for housing within the adopted Local Plan Review (2000) and has benefit of outline planning permission for 47 dwellings in 2007. By virtue of this the principle of development is clearly established. Chief Planning & Transportation Officer (Urban Design) - Significant progress has been made on the design and layout since the original submission. The proposal has sought to follow the principles of urban design as set out in the Design and Access Statement. The design concept seeks to create a development that has a sense of place and distinctiveness defined by a central public green space, a shared surface 'square', focal points and a woodland edge. Buildings front the public realm and comprise traditional architectural forms and external materials with a variety of heights and house types. Although the flatted blocks will appear quite large in the landscape as a consequence of the quantum of development permitted by the original consent, overall and subject to the submission of some details and materials, dc-090909-r 04-lsm - 21 the scheme will create a visually interesting streetscene with quality public space that responds well to its context. Chief Planning & Transportation Officer- (Highways) - This has been the subject of extensive negotiations and it is noted that the estate will not be offered for highway adoption. Chief Planning & Transportation Officer - (Arborist) - The development will have no significant adverse impact on the long term health and condition of the retained trees provided works are undertaken in accordance with the submitted Arboricultural Impact Assessment. Initial reservations over landscaping plans have been resolved by amended scheme with revised tree species. Chief Planning & Transportation Officer - (Ecology) - Provided that the ancient hedgerow is conserved and the blue line woodland is managed in the long term in accordance with the Woodland Management Plan and Biodiversity Management Plan, the proposals are unlikely to have an overall significant long term negative impact on biodiversity. Impacts on protected species and Sites of Nature Conservation Value should be monitored. Director of Regulatory Services - (Environmental Health) - no adverse comments. Director of Leisure and Communities (Parks and Open Spaces) - Comments awaited. Natural England - based on the information provided, NE has no objection to the proposed development. It is our view that, either alone or in combination with other plans or projects, it would not be likely to have a significant effect on the interest features of the Solent & Southampton Water SPA/Ramsar, Solent Maritime SAC, or any of the features of interest of the Botley Wood & Everett's & Mushes Copses SSSI and Upper Hamble Estuary & Woods SSSI. Environment Agency - Comments awaited. Southern Water - no comment received. Crime Prevention Design Adviser - no comment received. Comments The principle of development of this site for 47 dwellings, together with the means of access through the existing residential estate road of Shetland Rise, has already been established by the grant of planning permission by the Secretary of State in November 2007. The appeal also established the mixture of housing, as currently proposed. The reserved matter details will be dealt with below. Layout - The site layout has been prepared following consideration of the issues arising from the unsuccessful reserved matter application in 2008. The layout now respects the sensitive woodland edges on the south and east boundaries, with the houses and hard surfaces being set back on these sides to protect the ecology interests, particularly dormice and bats. From the point of access into the site from Shetland Rise the estate road forks to make a loop around the site. Adjacent to the dc-090909-r 04-lsm - 22 entrance the dwellings are sited to form a 'square' from which a private driveway provides access to the southern houses. This in turn serves the mostly flatted units alongside the northern boundary. The driveway returns to the entrance roadway serving houses on both sides. Scale - Building heights of the proposed dwellings on plots adjacent existing residential properties in Shetland Rise are all two storeys and have been arranged to ensure that the potential for overlooking and loss of light is minimised. The separation distances between these dwellings are at least those indicated within the design guidelines of the Local Plan Review and mostly exceed the required dimensions. It is considered that the proposal will not result in a detrimental impact on the amenities of neighbouring properties. There are a number of 2.5 and 3 storey dwellings, these being sited away from the west boundary, taking advantage of the natural topography of the site, sloping down from northwest to south east. Appearance - The design concept proposes a variety of building heights, house types and external materials to break up the visual impact of the development and create a high quality streetscene and public realm. Drawings have been submitted to show how the street scenes would appear, and the relationship between these design elements. It is considered that the proposed development would create a visually interesting streetscene with quality public space that responds well to its context. Landscaping - A fully detailed landscape planting scheme for the housing layout has been submitted and subsequently amended to follow the recommendations of the Council's Arborist. The scheme is supported with a landscape maintenance plan to ensure the local environment of the housing will develop and mature. Ecology - The interests of ecology were considered by the Appeal Inspector and a condition of the outline consent requires submission of details of a biodiversity management scheme for not only the housing site but also the ancient woodland to the east of the site. Details of the scheme have been submitted and are considered acceptable by Natural England and the Council's Ecologist. The applicant has proposed to assume a continuing responsibility for the ongoing maintenance of the ancient woodland after the ownership is transferred to the ownership of the Council. Details of how this responsibility is to be secured will be required by planning condition. Footpath access - It is proposed to construct a pedestrian link between the residential estate and the existing cycle/footpath which currently links Berber Close and Caspian Close. This additional link is to be constructed on Council land on what is identified as a likely desire line, thereby resolving potential future access problems. Details of the construction and future maintenance of this new link will be secured by planning condition. Other matters raised by local residents - The two primary issues raised by local residents are those regarding access and affordable housing. The access to the development site, through the existing residential estate road of Shetland Drive was approved by the appeal Inspector in determining the outline planning permission. The Local Planning Authority may not further consider this issue within the current dc-090909-r 04-lsm - 23 reserved matters application. Details of the provision of affordable housing on the site will be required to be submitted and approved by the LPA in accordance with condition 5 of the outline permission. These details are not available within the current application but will need to be approved before development commences. Car parking provision is indicated for all dwelling units within the scheme and no objection to the level of provision has been raised by the Highway Authority. Issues relating to site layout, building design and external materials have been addressed above. A site operations management plan was submitted but has been withdrawn in order that additional information may be prepared prior to clearance of this conditional matter. Conclusion The application site forms part of a site safeguarded for housing in the Fareham Borough Local Plan Review. The proposed development of the site would bring forward new residential properties contributing to the current levels of housing demand. The scheme would also provide enhancement and future management of the ancient woodland area to the south east of the site with improvement of the ecological and nature conservation area. The layout, scale, appearance and landscaping details accord with the policies of the Local Plan Review and the details of the development, as submitted, are considered to be acceptable in planning terms. RECOMMEND: APPROVE: details of materials; boundary treatment; street furniture/signage/lighting; scheme for delivery of - footpath link; management of ancient woodland; implement - parking; hard surfacing; landscaping; arboricultural method statement; tree protection; site operations measures; no windows (pd rights) specified elevations; details of construction hours; no burning. Note to applicant: Code for sustainable homes - cannot be approved until full construction and design details have been prepared. BACKGROUND PAPERS: P/06/1588/FP - P/08/0489/RM - P/09/0509/RM (7) P/09/0575/TO MR RICHARD BURLINGHAM FELL 3 OAK TREES COVERED BY FTPO99. SARISBURY AGENT: DR PAUL TOSSWELL JOHN WILLMENT MARINE LTD UNIVERSAL SHIPYARD OFFICERS REPORT - Simon Thompson ext. 4815 dc-090909-r 04-lsm - 24 - Site Description This tree works application relates to three Oak trees which are the subject of a Tree Preservation Order (TPO) and situated towards the southern boundary of the Universal Shipyard site. Description of Proposal This application seeks consent to fell three oak trees on the edge of an existing working area of the site. This consent is sought because these particular trees are said to be adversely affecting yard operations, they being beside an existing area of hard standing and said to be obstructing a storage area. The submitted application also mentions an intention to remove poor quality tree specimens and over growth to the rear of these three Oaks and also the intended removal of a nearby fruit tree. The applicant's statement states this is intended to maintain the woodland nature of the site boundary and in accordance with the site's tree management plan. The applicant's statement also indicates the works would be undertaken by a qualified arborist and special care, in consultation with Natural England, would be taken not to disturb wild animals and plants. Policies Fareham Borough Local Plan Review – Policy DG4 Relevant Planning History P/04/1633/TO – Fell seven oak trees covered by FTPO 99 – Consent December 2004 P/06/0056/TO – Fell five oak trees covered by FTPO 99 – Consent February 2006 P/07/0367/TO - Fell ten oak trees covered by FTPO 99 - Consent May 2007 P/07/0367/DP/A - Tree Management Plan pursuant to Condition 4 of tree works consent P/07/0367/TO - Approval November 2007 P/08/0024/TO - Carry out various works to trees, including felling of certain trees, covered by FTPO 99 - Consent February 2008 Representations Two letters have been received objecting on the following grounds: dc-090909-r 04-lsm - 25 Strongly object, unless an independent qualified inspector says these trees are diseased and immediately unsafe. These trees enhance riverside beauty and partly obscure this unsightly development; Loss of visual amenity, wildlife habitat and noise barrier function from these trees and their softening effect on this ugly development site, significant trees having been allowed to be removed in the past (predominately due to increased operational working areas) such that, increased noise from the site's operations has resulted, and, if continued, development could reach the site's boundaries with the loss of all the site's TPO trees; An acoustic fence or barrier is desired to tackle these noise issues and the Council needs to ensure the site does not encroach beyond its boundaries. Consultations Chief Planning and Transportation Officer (Arborist) – Recommend consent, these three Oak trees being in a declining state and poor condition. They should be replaced elsewhere in areas that do not conflict with the operation of the boatyard. It is suggested that the following trees specimens be used as replacements, all to be of 12cm to 14cm girth: Two English Oaks (Quercus Robur); Two Field Maples (Acer Campestre); and One Wild Cherry (Prunus Avium). Comments The Tree Management Plan (TMP) approved for this site under P/07/0367/FP sets out the intended management regime for trees at Universal Marina (John Willment Marine Ltd). This TMP sets out that the trees within the site will be inspected annually by a qualified arborist and any necessary work identified so the trees are maintained in as healthy and attractive condition as practical. The TMP gives a long term objective of maintaining the Marina's woodland setting and protection of the environment, with any trees needing attention being considered in relation to the surrounding area. The TMP also lays out the general circumstances when pruning or felling is likely to be needed. In terms of the latter, such circumstances included when access can not be overcome by pruning or where pruning has not be successful in remedying a problem, or to allow authorised development. Further to this TMP, consent was given under P/08/0024/TO to crown raise the western most of the current application's Oak trees. This authorised crown raising by 4m above the ground, the tree being referred to at the time as over hanging a skip area, in an area of high public usage, and of poor vigour with a dead top. The current application's other two Oak trees were not identified for specific works in the TMP or P/08/0024/TO's consent. From the applicant's statement it would appear the current application's trees compromise access to part of the site's working area. One of these trees had authorisation under P/08/0024/TO for pruning partly on this basis. The Council's own dc-090909-r 04-lsm - 26 arborist has recently assessed these trees on site, noting their declining state and poor condition and recommended consent to their felling subject to replacements being provided. There would still be remaining perimeter trees near to those lost which would continue to screen and soften the Marina development and the applicant's previously submitted and approved management plan undertakes to preserve this site's woodland setting into the future. With regard to noise, this part of the site is over 250m from the home of the objector raising this issue. Initially the applicant proposed to plant 6 cherry trees on site. They have subsequently indicated they would be prepared to accept the alternative replacement tree types/numbers suggested by the Council's arborist. Officers will also arrange separately to investigate whether there has been any encroachment beyond the Marina site boundaries near this application's trees. Considering the above, Officers are of the opinion that consent should be given to this current tree works application. RECOMMEND: CONSENT: Tree work to be undertaken within two years and in accordance with BS 3998; Specification that permitted tree works relate to the three Oak trees (T1 to T3) only; Replacement trees Note to applicant: The fruit tree (T4) mentioned in this application is not covered by a TPO and therefore TPO consent is not required from the Local Planning Authority to undertake works to this tree; Insufficient information has been provided in relation to the remainder of poor quality trees and overgrowth located behind these three Oaks (T1 to T3), for them to be considered as a part of this application; Special care towards protected wild animals and plants; Bat protection; This consent does not grant the applicant the right to carry out work over property other than his/her own and terms of works are as BS 3998 and should be carried out in accordance with recent arboricultural research. BACKGROUND PAPERS: (8) P/09/0605/CU MISS NATASHA GREGORY-SMITH SARISBURY AGENT: MR ALAN TAYLOR CHANGE OF USE TO BEAUTY THERAPY SALON (SUI GENERIS) & INSTALL AIR CONDITIONING UNIT (RETROSPECTIVE APPLICATION) 231A SWANWICK LANE LOWER SWANWICK SO31 7GT OFFICERS REPORT - Susannah Chaplin ext. 2412 Site Description dc-090909-r 04-lsm - 27 This application relates to a commercial unit to the south of Swanwick Lane opposite the junction with Bentham Way. The unit is semi-detached with the adjoining unit currently vacant and a residential flat at first floor level. There is car parking available on the frontage. The site is located within the urban area. Description of Proposal Retrospective planning permission is sought for the change of use of the unit from an estate agent (Class A2) to a beauty therapy salon (Sui Generis). Planning permission is also required for an air conditioning unit which has been installed on the side elevation of the unit. Policies Fareham Borough Local Plan Review Policies - DG1, DG3, DG5 Relevant Planning History P/07/0205/CU Change of Use from Hair Dressers (Class A1) to Estate Agents (Class A2) - Permission 19 April 2007 Representations One letter has been received objecting on the following grounds: The lease holder is in breach of their contract as the business has been underlet to another business The lease holder did not get permission for the installation of the AC unit The AC unit is in a dangerous position at head height and protruding from the wall The unit is large and obtrusive The overflow pipe drips water into the foundations The pipes and cables have been drilled into the Victorian wall and along a private drive Consultations Chief Planning and Transportation Officer (Highways) - No objection Director of Regulatory Services (Environmental Health) - No objection Comments The application site is located within the urban area outside of any of the allocated shopping districts. The principle of a change of use from A2 to a beauty salon is acceptable in this location. Officers do not consider that the proposal would have a dc-090909-r 04-lsm - 28 detrimental impact on the character of the area or the amenities of neighbouring residential properties. An air conditioning unit has been installed on the side elevation of the property close to the front. The unit measures approx 0.8 x 0.5 metre, protrudes 0.4 metres from the wall and is mounted on brackets 1.7 metres above ground level. Officers do not consider that the AC unit has a detrimental impact on the visual amenities of the streetscene as it is not visible on approach from either direction along Swanwick Lane. It is not considered that the air conditioning unit poses a hazard as it is positioned adjacent to a gate pier which would prevent people using the adjacent private driveway from walking directly underneath it. It is also not located on a public footpath. The concerns raised by the freehold owner of the property are primarily of a private nature and cannot be considered in the determination of this planning application. The proposal complies with the Fareham Borough Local Plan Review and is considered acceptable. RECOMMEND: PERMISSION: BACKGROUND PAPERS: P/09/0605/CU (9) P/09/0518/OA As amended by plan received 5 August 2009 T L CAPITAL LTD WARSASH DEMOLITION OF EXISTING DWELLING AND ERECTION OF SIX DWELLINGS (OUTLINE APPLICATION) 57 SHORE ROAD WARSASH SO31 9FS AGENT: MR DAVID NEWELL OFFICERS REPORT - Susannah Chaplin ext. 2412 Site Description This application relates to a site to the south of Shore Road. The site is located adjacent to Haven Manor which is a recent flatted development. The site is currently occupied by a detached chalet bungalow set within a large garden. Description of Proposal Outline permission is sought for the demolition of the existing dwelling and the erection of six dwellings to include four townhouses and two 'cottage style' dwellings. dc-090909-r 04-lsm - 29 The matters to be considered include layout and access with all other matters reserved. Each dwelling would be provided with two car parking spaces and a private amenity area. Policies Fareham Borough Local Plan Review - DG1,DG3, DG5, DG9, H2, R5 and T5 Representations Twenty letters have been received objecting on the following grounds: Density of development Reduced number of dwellings would be more suitable Building height should be limited to two storey The building line onto Shore Road should be staggered The buildings should be set back with deeper front gardens The overall elevation of the development should not take any precedent from the Haven Manor development Great attention should be paid to the design Full details of the appearance of the dwellings have not been provided The properties on the south side of Shore Road lend a distinctive character to the approach to the Conservation Area 1.8m wall close to carriageway adds to village character and is a feature of applauded developments such as Poundbury No need for a footpath which serves little purpose Existing house hardly visible beyond the wall Loss of spaciousness Proposal would suburbanise road This would be the thin end of the wedge and would destroy character of the village FBC needs long term plan on development of village communities Loss of light and view to properties on opposite side of road Tandem car parking is unworkable Additional vehicles on Shore Road Parking for plots 5 & 6 is dangerous with no turning on-site Visitor parking would cause a hazard Risk of flooding during heavy rainfall Noise and pollution should be kept to a minimum and Shore Road kept clean Contractors should not park on the grass verge which should be retained One letter has also been received from the Fareham Society objecting on the following grounds: Overdevelopment of the site Unsatisfactory parking arrangement particularly plots 5 and 6 which will result in vehicles reversing on to the road dc-090909-r 04-lsm - 30 Continuous frontage is out of character with the area Haven Manor development is too high and has an overbearing effect Any replacement dwellings should have low ridge heights, shoud not be continuous in appearance and should have space about the buildings This frontage is significant within the streetscene particularly when approaching from the river A more innovative design and layout could be achieved if numbers were reduced Contrary to Policies DG3(A)(B), DG4(D) and DG5(D) Consultations Chief Planning and Transportation Officer (Highways) - No objection Director of Regulatory Services (Environmental Health) - No objection Chief Planning and Transportation Officer (Arborist) - No objection subject to conditions Comments The main issues which need to be considered in the determination of this application are: Principle of Development; Impact on the Character of the Area; Impact on the Amenities of Neighbouring Properties Highways Principle of Development The site is within the urban area where residential infilling, redevelopment and development on neglected and underused land will be permitted, providing it does not adversely affect the character of the surrounding area or amenity of existing residents. Impact on the Character of the Area The character of Shore Road is varied with the commercial village centre and the large 'Haven Manor' development to the east of the application site. To the north of the application site is an Area of Special Residential Character which consists primarily of larger detached dwellings, those immediately opposite the application site are uniform in design. To the west of the application site is an older building which has been converted into flats and is accessed via Havelock Road. This building backs onto Shore Road and there is no pavement in front of the building due to the proximity to the road. Officers are of the opinion that the Haven Manor development has set a precedent for a denser form of development than is seen to the north side of Shore Road. The application site is outside of the Area of Special Residential Character and whilst a dc-090909-r 04-lsm - 31 number of individually designed detached dwellings may be preferred by local residents this could be seen as contrary to government guidance to increase development density. The proposed development features four town houses which would be 2 ½ storeys high. Whilst scale and appearance are not included within this application it is anticipated that the town houses would be lower than Haven Manor which is also 2 ½ storey but due to its scale would have a higher roof pitch. The cottage style dwellings would be two storey and would therefore be of a similar height to the adjacent building to the west resulting in a graduation in heights between the buildings on either side of the application site. The proposed dwellings would be sited closer to the pavement edge than the existing building but this is characteristic of the building line on the southern side of this stretch of Shore Road. It is not considered that the proposal would be detrimental to the character of the area. The appearance of the dwellings would be subject to careful consideration at a later date to ensure that the design and materials were sympathetic to the character of the village. Impact on the Amenities of Neighbouring Properties It is not considered that the proposal would have any detrimental impact on the amenities of neighbouring properties. The two cottage style dwellings would have rear gardens varying in length between 9.3-10.7 metres. Due to the presence of high boundary screening, which is within the neighbour's control, officers do not consider that the length of these gardens would result in the unacceptable overlooking of properties to the rear. Due to the width of the gardens it is considered that the properties would be provided with an adequate amenity area. There would be approx 24 metres between the front facing windows of the proposed dwellings and the properties on the opposite side of Shore Road. This distance exceeds the minimum separation distance set out within the Local Plan of 22 metres. Officers therefore do not consider that the proposal would have a detrimental impact on the amenities of those properties in terms of overlooking or loss of light. Highways The proposal makes provision for two car parking spaces for each dwelling. The townhouses would have two spaces each within a communal parking area to the rear of the site. The cottage style dwellings would each have one space within a drivethrough car port and one to the rear of each car port. Although the number of bedrooms is unknown it is not considered that a reason for refusal on insufficient car parking could be substantiated as the Council's residential parking standards are a maximum guideline. The Council's Highways Engineer has raised no objection to the tandem car parking arrangement. There is a TRO on Shore Road which would prevent vehicles from parking on the highway outside of the application site. There is currently a 1.8 metre high boundary wall on the northern boundary of the application site and there is only a narrow strip of pavement between the wall and Shore Road. The proposal would involve the demolition of this wall and would allow the provision of a new footway to meet Local Authority standards. It is not considered dc-090909-r 04-lsm - 32 that it would be a reasonable expectation to retain the existing boundary wall across the frontage of the site as it would significantly impact the sites development potential. Conclusion The proposal is considered to accord with the Fareham Borough Local Plan Review and is considered acceptable. RECOMMEND: Subject to the applicant/owner first entering into a planning obligation pursuant to Section 106 of the Town and Country Planning Act 1990 on terms drafted by the Solicitor to the Council to secure a financial contribution towards off-site public open space and/ or facilities and highway infrastructure improvements by the 11 September 2009. OUTLINE PERMISSION: Submission of reserved matters (Appearance, Scale & Landscaping); materials, boundary treatment; parking; tree protection, hours of construction; no burning; mud on road OR: In the event that the applicant/owner fails to complete the required Section 106 Agreement by 11 September 2009. REFUSE: Contrary to Policy; inadequate provision for public open space and highway infrastructure. BACKGROUND PAPERS: P/09/0518/OA (10) P/09/0595/FP as amended by plans received 24th August WARSASH MR SCOTT LOVEDAY AGENT: ADP ARCHITECTS ERECTION OF REAR EXTENSION & ALTERATIONS TO ROOF TO PROVIDE 1ST FLOOR ACCOMMODATION INC. EXTENDED SIDE DORMER (PART ALTERNATIVE TO P/08/1313/FP) 121 FLEET END ROAD WARSASH SO31 9HJ OFFICERS REPORT - Richard Wright ext. 2356 Site Description This application relates to a detached single storey dwelling on the eastern side of Fleet End Road. The bungalow lies approximately 12 metres from the highway and a 1.8 metre high hedgerow runs across part of the front boundary. Description of Proposal dc-090909-r 04-lsm - 33 - Approval for the majority of this development was granted under planning permission P/08/1313/FP earlier this year. A part-alternative is now proposed with the sole amendment being the provision of an extended side dormer window to the north elevation. This is to enable the addition of a further ensuite bathroom to the front bedroom already approved. The additional window in the extended part of the dormer is proposed to be obscure glazed and fixed shut up to a height of 1.7m above finished floor level. Policies Fareham Borough Local Plan Review Policies C1, C3, C11, T5, DG3, DG4, and DG5. Relevant Planning History P/08/1313/FP - Erect Rear Extn, Alts to Roof to Provide 1st Floor Accomm, Car Port & Replacement Garage with Storage Over - PERMISSION FEB 2009 Representations One letter has been received objecting on the following grounds: The privacy of my house and garden will be compromised The application is against Article 8 of European Court of Human Rights legislation. One further letter has been received making no comment on the proposal. Comments This application effectively seeks approval for the extension of a dormer window already approved in a previous planning permission. Given that members resolved to grant permission for the remainder of the scheme earlier this year and that this permission is still extant, the issues in determining this new part alternative proposal are to do with the potential impact of the enlarged dormer on residential amenity and the visual appearance of the streetscene. The dormer is effectively to be doubled in size to that previously approved, predominantly extending along the side facing roof plane towards the front of the bungalow. The new window to be featured is proposed to be obscure glazed and fixed shut to a height of 1.7 metres above internal floor level. Provided this is secured by means of a suitable condition, officers have no concern over potential overlooking of the neighbouring property to the north. The enlarged flat roofed dormer, by virtue of its position on the side of the dwelling and distance from the street frontage, would not be prominently sited and is not viewed to be harmful to the visual amenity of the area. To summarise, officers consider the proposal to be in accordance with the relevant policies of the Local Plan Review and recommend permission be granted. dc-090909-r 04-lsm - 34 RECOMMEND: PERMISSION: en-suite windows to be obscure glazed and fixed shut to height of 1.7 metres above internal finished floor level and retained in that manner at all times (north elevation); materials as approved in P/08/1313/FP; rooflights in dwelling to have min sill height 1.7m above floor level (north & south elevations); remove PD rights for openings in the roofslope of rear extension; in accordance with landscaping scheme as approved on P/08/1313/FP; hedge on frontage retained at min height 1.8m BACKGROUND PAPERS: File P/09/0595/FP; P/08/1313/FP (11) P/09/0601/FP MR PETER LAWRENCE WARSASH AGENT: MR DAVID NEWELL CONVERSION OF EXISTING DWELLING & ANNEXE TO 6 DWELLINGS (ALTERNATIVE TO P/08/1138/FP) 88 NEWTOWN ROAD WARSASH SO31 9GB OFFICERS REPORT - Newrick Martin ext. 2526 Site Description The property is located on the west side of Newtown Road opposite the junction with Pitchponds Road. The western side of Newtown Road is characterised by large detached two storey dwellings set within large plots. The site is situated within a Countryside area, within the Coastal Zone and in an Area of Special Residential Character. To the west of the site the property is bounded by the Warsash School of Navigation. Description of Proposal Permission is sought to; • Construct a new vehicle access on the Newtown Road frontage approximately 27 metres to the south of the existing gated entrance; • Closure of the existing site entrance; • Install additional dormer window/door in rear elevation; • Conversion works to subdivide main house to create three houses and two flats; • Use of self-contained annex as dwelling, together with single storey extension; • Provision of 11 car parking spaces; • Provision of communal and private garden areas; • Provision of refuse bin storage facilities. Policies Fareham Borough Local Plan Review Policies - C1, C2, C5, C9, H3, DG1, DG3, DG4, DG5, T5 and R5. dc-090909-r 04-lsm - 35 - Relevant Planning History P/07/0872/FP - Conversion of triple garage block, gym & games room into self-contained annex - Permission 19 September 2007. P/08/1138/FP - Conversion of existing dwelling and annex to seven dwellings Permission 12 March 2009. Representations Five letters have been received objecting on the following grounds: Insufficient car parking and no visitor spaces; Increased traffic will exacerbate an already dangerous situation in Newtown Road; Narrow road with poor visibility from the entrance; Limited public transport - not accessible location; Loss of privacy; Neighbour boundary should have concrete fence; Insufficient arboricultural information and loss of tree to create new drive; No bonfires should be allowed; Insufficient time for public consultation. Consultations Chief Planning and Transportation Officer (Highways) – In view of the previous permission no highway objection raised, subject to previous conditions and transport infrastructure contribution. Chief Planning and Transportation Officer (Arborist) – No objection in principle subject to condition and additional information. Director of Health and Regulatory Services (Contamination) – No objection subject to contamination condition. Director of Health and Regulatory Services (Pollution) – No objection. Comments The planning permission in respect of the conversion of the property into seven dwellings has been commenced although that scheme of works has not been completed. The current application seeks approval for a revision in those approved drawings whereby only six dwellings would be created. The main differences between the two schemes are Deletion of proposed two storey front extension; Deletion of proposed front porch; Deletion of proposed first floor rear extension on existing roof terrace; Create one less dwelling in main house. Erection of single storey extension to annex unit dc-090909-r 04-lsm - 36 Minor changes to elevations/windows/doors Re-arrangement of car parking area in 'front garden' Provision of 11 parking spaces (2 less than original scheme) The current proposal is a reduced scheme from that previously approved, not only in terms of the number of dwellings, but also in built form with the deletion of the approved extensions to the main building. The only new building would be a single storey extension to the annex dwelling. The proposed car parking provision is reduced from 13 to 11 spaces, commensurate with the reduced number of dwellings. The arrangement of parking is also improved with spaces sited in small groups in closer proximity to the individual dwellings rather than as approved in a central car park. The changes in fenestration are not significant in terms of building design or effect on neighbouring properties by overlooking and loss of privacy. The continued concerns expressed by local residents to the traffic implications for Newtown Road were considered within the previous approved application and there has been no change in this matter. The proposed access and the closure of the existing access are the same as approved and acknowledge by the Highway Authority to represent an improvement in highway safety terms. Notwithstanding the objections received officers consider the application to be in compliance with the policies of the adopted Local Plan Review. RECOMMEND: Subject to the applicant/owner first entering into a planning obligation pursuant to Section 106 of the Town and Country Planning Act 1990 on terms drafted by the Solicitor to the Council to secure a financial contribution towards off-site public open space and/or facilities, and highway infrastructure; by the 11 September 2009. PERMISSION: No occupation before new access constructed; closure of existing access; Materials to match; Boundary treatment; Provision of parking and turning areas; Arboricultural details; Bin store details; Measures to prevent mud on roads; Hours of construction, Provision for construction vehicles and materials; No bonfires. OR: In the event that the applicant/owner fails to complete the required Section 106 Agreement by 11 September 2009. REFUSE: Contrary to Policy; inadequate provision towards public open space and highway infrastructure. BACKGROUND PAPERS: File P/08/1138/FP, P/09/0601/FP dc-090909-r 04-lsm - 37 Miscellaneous Item (1) Erection of Six Dwellings Land at Keileen Nursery, Brook Lane, Warsash Variation of existing Planning Obligation (pursuant to P/08/1310/FP) Officer Report: Lee Smith Ext: 2427 Comments Full planning permission was granted in March 2009 (P/08/1310/FP) to clear the existing redundant glasshouses from this site and construct six dwellings. The planning permission was subject to a planning obligation requiring contributions to be paid towards off-site public open space provision and transportation measures. The open space contribution is payable upon the commencement of development. The transport contribution is payable before any of the dwellings are first occupied. A further covenant within the planning obligation restricts the use of an adjoining field to a paddock or open amenity land and prevents structures being erected upon it. The applicant has recently discharged all the planning conditions and is hoping to commence development shortly. The applicant has indicated they are likely to undertake the development on a piecemeal basis so that the individual houses will effectively be built to order. In light of this the applicant has requested that the contributions towards open space and transport measures are paid on a proportional basis. More specifically a sixth of the total open space and transport contribution would be paid as each dwelling is occupied. Officers consider that in the circumstances of this particular case, this approach to proportionately pay the contributions is acceptable. However, the covenant relating to the payment of transport contributions benefits Hampshire County Council. This Council does not therefore have the Authority to vary or grant release from this covenant. The applicant would need to approach Hampshire County Council direct to seek any variation of the covenant. RECOMMEND: Members authorise that a fresh planning obligation be entered into pursuant to Section 106 of the Town and Country Planning Act 1990 on terms drafted by the Solicitor to the Council to secure the following: (i) a sum of one sixth of the total financial contribution towards public open space provision and/or improvements be paid prior to the occupation of each dwelling permitted. Each contribution will be calculated in accordance with the Open Space supplementary planning guidance at the date they are due. (ii) that the field to the west of the permitted dwellings be used solely as a paddock or as open amenity land and that no structures of any kind be erected upon it without the consent of the Council; dc-090909-r 04-lsm - 38 (iii) that the landowner be released from the covenants contained within the earlier planning obligation dated 19th March 2009, which benefit Fareham Borough Council, when the fresh planning obligation is executed. dc-090909-r 04-lsm - 39 - ZONE 2 – FAREHAM North North West West East South dc-090909-r 04-lsm - 40 - (12) P/09/0548/FP FAREHAM EAST FAREHAM SAILING & MOTOR BOAT CLUB AGENT: MR ROBIN WREN EXTENSION TO EXISTING PONTOONS SALTERNS LANE SALTERNS PIER FAREHAM OFFICERS REPORT - Newrick Martin ext. 2526 Site Description The site is located on the foreshore of Portsmouth Harbour to the north of the junction with Hoeford Creek. Access to the site is from Salterns Lane and across the existing public open space. Description of Proposal The Fareham Sailing and Motor Boat Club (FSMBC) has a licence for 43 fore and aft moorings along the Cams Hall side of the Fareham Creek although at present only mooring for 36 craft are in place. The proposal seeks to create the 30 new pontoon moorings at Salterns Pier and all of the existing moorings on the east side of the creek will be removed. The application seeks full planning permission in respect of a 145 metre long extension of the existing mooring pontoon, with finger pontoons in matching configuration to provide for 30 boat moorings. It is intended that this extension would be phased with the first 20 moorings being provided initially and the remainder at a future time when the Club finances allow. Policies Fareham Borough Local Plan Review 2000: DG1, DG3, DG4, DG5, C1, C5, C8, C12, C14, C18. Relevant Planning History FBC.5298/3 - Use of jetty for recreational boating activities and provision of pontoons and 29 pontoon moorings - Permission - 23 April 1987 Representations Letter received from The Fareham Society raising the following comments: The Society wishes to be assured that Policies C6, C7 and C8 are strictly adhered to, Full account is taken of nature conservation interests, Existing moorings should be permanently removed. Letter received from Portsmouth Harbour Conservation Group: A chart of the existing moorings to be lifted should be prepared to ensure no use is made of these moorings in the future. dc-090909-r 04-lsm - 41 - Consultations Chief Planning and Transportation Officer (Ecology) - The site is within the designated SSSI, SPA and Ramsar areas of nature conservation importance and protected under the Wildlife and Countryside Act 1981 (as amended) and Article 4.2 of the Habitats Directive (79/409/EEC). The replacement of existing fore and aft moorings with 30 pontoon berths is not likely to have any significant impact on the Portsmouth Harbour Site of Special Scientific Interest or protected species provided that the proposal is undertaken in accordance with the following details in order to ensure suitable mitigation and avoid impact to biodiversity: 1. Piling must only be carried out using non-percussive vibro or hydraulic piling techniques in order to minimise disturbance to migrating fish species and overwintering birds, which are interest features of the Portsmouth Harbour designated sites. 2. Existing mooring posts on east side of creek to be permanently removed prior to 16 October of the same year to allow the intertidal area to recover and retained in order to mitigate for the impacts to the designated site and protected species. 3. On completion of the works all debris and surplus materials to be removed from the banks of creek. 4. A five year monitoring regime of recovery is agreed with the authority in order to determine that the intertidal mudflat habitat has recovered following removal of fore and aft moorings. Chief Planning and Transportation Officer (Pollution) - Information regarding the piling works, including noise levels and time/duration of the works, to be provided and approved before commencement of the works. Natural England - In Natural England's opinion this proposal will result in an environmental improvement, and in its current form is unlikely to have a significant effect on the interest features of the SPA/Ramsar/SAC site and therefore does not require appropriate assessment in accordance with Regulation 48 of the Conservation (Natural Habitats, &c.) Regulations 1994 provided the planning permission is subject to appropriate conditions. Environment Agency - The Environment Agency acknowledges that the proposal will result in a net gain of intertidal mudflats and has no objection in principle to the proposal, subject to appropriate planning conditions. Queens Harbour Master - No navigational objection to the proposal. The Crown Estate - No objection in principle to the proposal. Comments dc-090909-r 04-lsm - 42 The whole of the Fareham Creek within the Council's administrative boundary is a mooring restriction area as defined within Policy C5 of the Fareham Borough Local Plan Review. This policy seeks "to restrict additional jetties, pontoons or the laying down of further moorings" in the interests of the character of the area and nature conservation. The creation of the new pontoon moorings would be in conflict with this policy if taken in isolation of the wider re-location scheme. However, in combination with the removal of the larger number of existing mooring, the proposal is acknowledged to have a net benefit in both matters. In ecological terms, the area of mudflat disturbance below a single fore and aft mooring is significantly greater than that below a pontoon mooring. A reduction in the number of mooring from 47 to 30, together with a reduced ecological impact per mooring, allows the proposal to be considered as beneficial to the interest features of the protected area. In terms of the character of the area, the concentration of a reduced number of moored boats on the proposed extended pontoon would have a reduced visual impact by comparison with the existing line of mooring extending for approximately 700 metres on the east side of creek. Clearly, the acceptability of the proposal depends on the method and timing of implementation of the new pontoon and the necessity for the physical removal of the existing moorings. It is proposed that these matters be addressed by appropriate planning conditions. RECOMMEND: PERMISSION: implementation plan; piling method statement; removal of existing moorings; not more than 30 boats to be moored. BACKGROUND PAPERS: File FBC.5298/3, P/09/0548/FP (13) P/09/0622/FP MR & MRS GALLOP FAREHAM NORTH AGENT: SPACE & STYLE HOME DESIGN ERECTION OF SINGLE STOREY REAR EXTENSION AND NEW ROOF OVER EXISTING GARAGE 55 SOMERVELL DRIVE FAREHAM PO16 7QW OFFICERS REPORT - Emma Betteridge ext. 2677 Site Description This application relates to a detached dwelling on the south side of Somervell Drive which is to the south of Morshead Crescent. Description of Proposal dc-090909-r 04-lsm - 43 - Planning permission is sought to erect a single storey extension at the rear of an existing garage. The extension would measure 3.5 metres in depth by 4 metres in width. The application also includes the provision of a pitched roof over both the existing garage and the extension. Where the building abuts the neighbouring property a wall measuring 3 metres in height would be created. Policies Fareham Borough Local Plan Review - DG3 and DG5 Relevant Planning History P/03/0820/FP - Erection of rear conservatory - Permission 03-07-03 Representations One letter has been received objecting on the following grounds: Loss of sunlight to dining room and conservatory Future responsibility of the boundary Foundations extending beyond neighbour's boundary Comments This application relates to a detached dwelling on the south side of Somervell Drive. Planning permission is sought for the erection of a single storey rear extension and includes a pitched roof above an existing side detached garage. Concern has been received from the neighbouring property to the east that the proposal would reduce the sunlight which is currently provided to a dining room and rear conservatory. The dining room is located within a room which also accommodates a lounge area with a large clear glazed window within the front elevation of the property and an obscure glazed side window (which is the window of concern). Officers are of the view that as the side window is a secondary window with a limited outlook the loss of light of the room would not be materially affected by the proposal. Consideration has also been given to the rear conservatory which consists of three glazed elevations and roof area. Again officers do not consider the level of light reduction would be unacceptable. The representation received also raised two other issues relating to future responsibility of the boundary and the foundations encroaching on the neighbour's land which are not material planning considerations and are controlled through other legislation. The application is of an acceptable design and complies with the approved Extension Design Guide and the relevant policies within the Fareham Borough Local Plan Review. RECOMMEND: dc-090909-r 04-lsm - 44 PERMISSION: Materials to match. Withdraw PD rights within east elevation of the rear extension. BACKGROUND PAPERS: P/09/0622/FP, P/03/0820/FP (14) P/09/0651/FP FAREHAM NORTH-WEST MR & MRS COOK AGENT: THE MCANDREW MARTIN PARTNERSHIP ALTERATIONS TO EXISTING CHALET BUNGALOW AND ERECTION OF ONE NEW DETACHED DWELLING 183 GUDGE HEATH LANE FAREHAM PO15 6PY OFFICERS REPORT - Susannah Chaplin ext. 2412 Site Description The application site is on the northern side of Gudge Heath Lane on the western corner at the junction with Gifford Close. The northern boundary comprises of No.1 Gifford Close and the western boundary comprises of No.187 Gudge Heath Lane which is a doctor's surgery. Description of Proposal Planning permission is sought to alter the existing dwelling to form a chalet bungalow (Plot 1) and to erect an additional detached chalet bungalow (Plot 2). Access to both properties would be from the existing access on Gudge Heath Lane and there would be six car parking spaces on the frontage. Policies Fareham Borough Local Plan Review Policies - DG1,DG3,DG5,DG9,H2,R5 and T5 Relevant Planning History P/09/0200/FP Demolition of Existing Bungalow and Erection of a Pair of SemiDetached Dwellings Permission 23 April 2009 P/08/1259/FP Alterations and Extensions to Existing Bungalow to Form a Pair of Semi-Detached Dwellings Permission 22 January 2009 P/08/0073/FP Demolition of Existing Bungalow and Erection of 5 Flats with Associated Parking, Refuse and Cycle Storage Refuse 29 February 2008 dc-090909-r 04-lsm - 45 Representations The neighbour notification period expires 31 August 2009. At the time of writing this report one letter has been received objecting on the following grounds: The dormer window on the side elevation of Plot 1 will overlook treatment rooms, consulting rooms and waiting rooms Any letters subsequently received will be reported at the committee meeting. Consultations Chief Planning and Transportation Officer (Highways) - No objection subject to adequate sightlines Director of Regulatory Services (Environmental Health) - No objection Comments The site is within the urban area where residential infilling; redevelopment and development on neglected and underused land will be permitted, providing it does not adversely affect the character of the surrounding area or amenity of existing residents. A planning application to extend the existing dwelling and form two semi-detached dwellings was permitted earlier this year. It was subsequently found that the existing foundations would not support the proposed extensions and a further application was permitted for complete demolition and re-build. Taking into account the current economic climate the applicant now proposes to utilise as much of the existing property as possible whilst still providing two dwellings on the site. There is a mix of dwelling types and styles within the area comprising of semi detached and detached two storey dwellings, bungalows and chalet bungalows. It is therefore not considered that the proposal would have a detrimental impact on the character of the area. Concerns have been raised that the proposal would result in the loss of privacy to the adjacent doctor's surgery. There would be two small side dormer windows within the western elevation of Plot 1. The front dormer would serve a bathroom and would be conditioned to be obscure glazed and fixed shut to 1.7m to prevent overlooking. The second dormer window towards the rear of the dwelling would serve a bedroom however it is considered that views into the surgery would be limited and would only be oblique. It is not considered that overlooking of the doctors surgery would warrant a refusal of the application as the surgery does not constitute habitable accommodation. Officers consider that the proposal is acceptable and complies with the Fareham Borough Local Plan Review. RECOMMEND: dc-090909-r 04-lsm - 46 Subject to the applicant/owner first entering into a planning obligation pursuant to Section 106 of the Town and Country Planning Act 1990 on terms drafted by the Solicitor to the Council to secure a financial contribution towards off-site public open space and/ or facilities and highway infrastructure improvements by the 23 September 2009. PERMISSION: Materials to be agreed, Boundary Treatment, Parking, Visibility Splays, Obscure Glaze and Fix Shut to 1.7m first floor windows (bathroom west elevation Plot 1; east elevation Plot 1, west elevation Plot 2, bathroom east elevation Plot 2), Construction Hours, No mud on road, No burning on site OR: In the event that the applicant/owner fails to complete the required Section 106 Agreement by 23 September 2009. REFUSE: Contrary to Policy; inadequate provision for public open space and highway infrastructure. BACKGROUND PAPERS: P/09/0651/FP dc-090909-r 04-lsm - 47 MISCELLANEOUS ITEM (2) 1 Gracefields Fareham Fell Poplar Tree Covered by FTPO 482 - P/07/1237/TO Officer Report: Simon Thompson - Ext 4815 Consent was given on 6 November 2007 under delegated powers for the felling of a Poplar tree situated within the rear garden of 1 Gracefields, Fareham - this tree being covered by Tree Preservation Order FTPO 482. Planning condition 4 of this consent requires a replacement tree to be planted within the first available planting season following the felling of this tree - the details of this replacement (species, size and location) to be agreed in writing with the local planning authority. This Poplar tree was felled but, despite lengthy written correspondence and discussions since February 2008 the applicant has not been willing to plant a replacement tree which is acceptable to Officers. The condition has thus not been discharged. Following a meeting on site, Officers wrote to the applicant, on 8 June 2009 (copy attached at Appendix 1 to this report) outlining a location, alternative species and expected size and planting period of a possible replacement tree for the felled Poplar. The applicant replied by phone, and later a letter was received from her husband, explaining, in summary, that his wife: Felt she had already provided sufficient replacement tree planting, having already planted three Portuguese Laurel trees (one beside the stump of the felled Poplar, one near her rear garden summerhouse and one at Officers' 8 June 2009 letter's suggested tree location) which could each grow to 18 feet and introduced Leylandii planting along her property's front boundary; As a 73 year old pensioner with a heart condition that the Council's requirements for a replacement is not very fair, saying the Council's Arborist agreed the Poplar should not have been allowed to stay there, and (as per Royal Horticultural Society warnings on Poplars) it was damaging drains and raising paving stones, had brittle branches that broke off and fell, especially in high winds, causing a hazard to the occupiers of 1 Gracefields and their neighbours considering their conservatories at this windy site; The Council made a poor decision to allow the retention and protection of this Poplar tree close to the nearby housing, which cost the applicant £500 for its removal, and whilst she is reviewing the site and type of replacement tree, in this context maybe the Council could share the cost of its replacement. Officers are of the opinion that the applicant's replacement planting is not commensurate to that required (e.g. in visual amenity terms) for a TPO tree such as this Poplar. dc-090909-r 04-lsm - 48 In view of the protracted nature of discussions between the applicants and Officers and the lack of any resolution Members are requested to authorise the serving of a Tree Replacement Notice, of which the applicant would have a right of appeal. Such a Replacement Notice is likely to draw on those tree replacement arrangements outlined in Officers' 8 June 2009 letter attached at Appendix 1 to this report. RECOMMEND: Officers be authorised to serve a Tree Replacement Notice under Section 207 of the Town and Country Planning Act 1990 pursuant to non-compliance with Condition 4 of tree works consent P/07/1237/TO. dc-090909-r 04-lsm - 49 - dc-090909-r 04-lsm - 50 - dc-090909-r 04-lsm - 51 - dc-090909-r 04-lsm - 52 - ZONE 3 – EASTERN WARDS Hill Head Portchester West Portchester East Stubbington dc-090909-r 04-lsm - 53 - (15) P/09/0546/FP MR DAVID LIVINGSTONE HILL HEAD AGENT: MR GLENN BRAMBLESTEWART ERECTION OF SINGLE STOREY REAR EXTENSION TO GARAGE 1 SHANNON ROAD STUBBINGTON PO14 3RL OFFICERS REPORT - Richard Wright ext. 2356 Site Description This application relates to a detached two-storey dwelling located on the south western side of Shannon Road, Stubbington. The house benefits from an attached single garage on the southern side elevation. A 1.8m high close boarded fence runs along the boundary with the property and those rear gardens of houses in Faroes Close to the south. Description of Proposal This application proposes a single storey flat roofed addition to the rear of the existing garage. A window is proposed for the rear elevation of the extension and a door in the small section of side (north) elevation. The extension is proposed to be set off from the boundary slightly by around 0.3m. Policies Fareham Borough Local Plan Review DG3 & DG5 Representations One letter has been received objecting on the following grounds: Loss of light to property to south Noise nuisance Overlooking Concern over interruption to maintenance of boundary fence Concern over usage of extension as extra garage space and vehicle repairs Comments The proposed extension is not believed to have an adverse impact on the residential amenity of the occupiers of adjacent properties. Due to the lack of windows in the southern elevation of the proposed extension and the presence of the close board fence along the southern boundary, no overlooking of neighbouring gardens is possible with regards to this application or in the future. The retention and maintenance of this fence need not be affected by this proposal as it is sufficiently set in from the boundary. Similarly, the extension is proposed to be 2.5 metres in height with 0.7 metres of this above the line of the fence. It is not considered to be dc-090909-r 04-lsm - 54 detrimental to the light available to the property to the south (8 Faroes Close) by virtue of its limited size and distance from the nearest habitable rooms in this property which lie approximately 10 metres away. There is no evidence to suggest that the extension is proposed to be used for any other purpose that that which is ancillary to the enjoyment of the dwelling. Therefore officers are satisfied that statutory powers afforded to the council are more than adequate in dealing with any future issues of noise nuisance. In conclusion the proposal is deemed in accordance with the relevant policies of the Fareham Borough Local Plan Review. RECOMMEND: PERMISSION: BACKGROUND PAPERS: File P/09/0546/FP (16) P/09/0606/FP MR & MRS GORDON HILL HEAD AGENT: SPACE & STYLE HOME DESIGN ERECTION OF TWO STOREY EXTENSIONS & ALTERATIONS 48 OLD STREET FAREHAM PO14 3HR OFFICERS REPORT - Simon Thompson ext. 4815 Site Description Number 48 Old Street is a two storey house with side garage located on the east side of Old Street opposite this road's junction with Knights Bank Road. The existing house appears to have been built in the 1950s. The site is in the urban area and is immediately to the north of the South West Hill Head Area of Special Residential Character. Description of Proposal This planning application seeks permission to alter and extend this existing dwelling. This involves two storey extensions to the front, north side and northern rear of this dwelling, the main part of these additions being the two storey side extension which involves the loss of the dwelling's existing side garage. Policies Fareham Borough Local Plan Review - Policies DG3, DG5, C18 and T5 dc-090909-r 04-lsm - 55 - Representations Three letters have been received objecting on the following grounds: Building over existing drains; Out of keeping with property and immediate vicinity and local and visual character of the area, (e.g. by narrowing the gap between it and the neighbouring house (50 Old Street - No. 50) to the north and adversely affecting harmony of "paired houses" existing from this part of Old Street through Short Road and into Solent Road); Loss of view from the neighbouring property No. 50 and of its sun and light to its rear elevation, lounge, bedroom and small rear garden and patio, especially in the afternoon and evening, detrimental to the resident's amenities and health of that garden, Loss of privacy at No.50 by the door proposed in the north elevation and from the proposed rear bedroom's double doors with small rear balcony overlooking No.50's rear patio bedroom; The submitted site plan omits showing the upper storey wall of No.50. This is set back from the line of No.50's single storey extension; The resident of No.50 considers the application would be marginally more acceptable if: the gable end above proposed bedroom 3 is hipped to give more light to No.50; the proposed side extension is reduced in width and depth; the balcony serving bedroom 3 is removed to improve No.50's privacy. Consultations Chief Planning and Transportation Officer (Highways) - No highway objection Hampshire County Council (Ecologist) - Butcher's Broom and Pipistrelle Bats have both been recorded within 100m of this site. A biodiversity survey and report may be needed. Comments The applicant's agent has provided comments in response to the three letters of objection from the public mentioned above. The agent concludes by saying the proposed design is the result of careful and deliberate thought, being a intricate design addressing his clients needs whilst respecting neighbouring properties. The proposed solution is not a typical box type side extension, but a thoughtful one addressing the house as a whole, maintaining a lower eaves and ridge height proposed nearest No.50 being uppermost in his mind. Gables to the front and rear are proposed to improve not only the aesthetics and balance of the house, but reduce the height of the extension adjacent to the boundary. Whilst the proposal is different, he states, to the immediate neighbouring properties, it would comfortably sit in the street when considering the road as a whole, and is believed to be a good design that conforms to the Council's planning policies. Certainly, whilst its street scene design is different from the relatively plain and simple existing house, the proposed redesign would add visual interest and variety in the street scene. dc-090909-r 04-lsm - 56 - The proposed extension's juxtaposition to its boundaries would retain an acceptable degree of space between buildings and it also meets the Extension Design Guide's normal requirements in terms of potential light and outlook effects on neighbouring properties. Whilst there would be some limited loss of light to the rear garden of No.50, Officers do not consider this would justify refusal. Officers further acknowledge that oblique views into neighbour's rear gardens would be possible from the proposed first floor rear windows (e.g. from the proposed bedroom 3). Such arrangements are not uncommon in the urban area and again Officers do not believe this justifies refusing the application. In terms of the County Council's ecological concerns this development site is a residential property with a normal domestic garden whilst the existing house appears of a built form of sound and solid construction. Officers do not consider that this property is an immediately obvious habitat for the species mentioned to justify a biodiversity assessment. Notwithstanding the objections received Officers consider that the proposal is in accordance with the policies of the adopted Local Plan and the Extension Design Guide. RECOMMEND: PERMISSION: Materials to be approved; BACKGROUND PAPERS: P/09/0606/FP (17) P/09/0621/FP/M MR N WALKER PORTCHESTER EAST VARY CONDITIONS 3&8 OF P/04/0955/FP (PART RETAIN EXISTING BUILDING FOR GARAGE/BOILER ROOM/LOG STORE, ALTS TO DRIVE & TURNING AREAS) HOSPITAL LANE - TURRET HOUSE PORTCHESTER OFFICERS REPORT - Kim Hayler ext. 2367 Site Description The site is located on the southern coastline of Portchester, accessed along a coastal track from Hospital Lane, which is at the end of Castle Street, The site comprises a recently constructed replacement dwelling and the original detached dwelling situated close to the western boundary; dc-090909-r 04-lsm - 57 A coastal footpath runs parallel with the access track around the coastline; The site lies within an area designated coast and countryside; There is a mature tree screen along the eastern and northern boundaries and part of the southern boundary bordering the coastline has a 2 metre high wall. Description of Proposal Planning permission was granted for a replacement dwelling at this site in September 2004. Externally the building is virtually complete and it has recently been occupied. The original planning permission was subject to a number of planning conditions. Condition 3 required details of a landscaping scheme to be submitted and agreed with this Council. The scheme which principally showed the creation of lawns around the building was approved in June 2005. Condition 8 states 'within 6 months of the first occupation of the dwelling hereby approved, the existing dwelling shown on the approved plan shall be demolished and removed permanently from the site. The reason for this condition was 'in the interests of the visual amenities of the area.' The applicant now wishes to demolish the original dwelling in part and alter the remaining parts of the structure to enable its re-use as a garage, boiler room and log store. The access to the proposed garage building along with the turning areas within the curtilage of the dwelling would also be changed from that previously approved. This would involve changes to the areas of the site which would be laid out to lawn. Policies Fareham Borough Local Plan Review Policies C1, C2, C5, DG3, DG4, DG5, H13 and T5 Relevant Planning History P/04/0955/FP Erection of replacement dwelling Permission - 22 Sept 2004 Representations The planning application has been publicised by means of site notices. No representations have been received. Comments Officers have considered the proposals carefully on site and have viewed the site from open space to the west and the coastal footpath. Officers have also been inside the original dwelling house and can confirm that residential occupation of it has now ceased. Furthermore many of the facilities have been removed from the house including the bathroom, kitchen and central heating. dc-090909-r 04-lsm - 58 - This application seeks changes to the landscaping of the site, including modifications to the driveway and turning areas. The site is well screened from public vantage points. Officers are of the opinion that the proposed changes to the soft and hard landscaping would not materially harm the visual amenities or character of the area. Permission is also sought to demolish the original dwelling in part and carry out modifications to the remaining building. The roof and upper floor of the building would be removed, along with a number of internal walls at ground level. The building would appear single storey in scale with a castellated finish at roof level reflecting the style of the new house. The western end of the building would measure 4.3 metres in height and the remaining part 3.3 metres (measured to the upper part of the parapet). The building would have new roller shutter doors fitted to the east and south elevations and would be rendered and coloured brick red. The building would be used as a garage and log store and would house a wood burning plant which would provide heat to the new dwelling. It is intended to retain the original chimney. Condition 8 was imposed to ensure the removal of the existing dwelling in the interests of the visual amenities of the area. Being a countryside location this also ensures that no additional dwellings would be provided which would be contrary to the Council's normal policies. The applicant has made it clear they have no intention of using the partly retained building as a separate dwelling. In the view of Officers the scale and design of the proposed garage/ log store and boiler room would be acceptable having regard for its siting, the size of the site and existing landscaping. Members will also be aware that under permitted development rights substantial ancillary buildings could be erected at the site without the need for planning permission. Officers are recommending that conditions are imposed preventing the use of the building as a separate residential unit (which will become effective upon the grant of planning permission). Officers are recommending a further condition requiring the original house to be reduced to a maximum height of no more than 4 metres within 12 months of the date of the decision notice. Lastly Officers suggest a condition that requires the landscaping to be undertaken within 12 months of the date of the garage building and associated manoeuvring areas being completed. RECOMMEND: PERMISSION: Building not to be used as a residential unit; the height of the building to be reduced to a maximum of 4 metres within 12 months of the date of the planning permission; landscaping scheme to be carried out within 12 months of the garage and associated manoeuvring areas being completed. BACKGROUND PAPERS: File: P/04/0955/FP (18) P/09/0626/CU MR HARFIELD dc-090909-r 04-lsm PORTCHESTER EAST AGENT: MR HARFIELD - 59 - CHANGE OF USE OF LAND TO FORM PART PRIVATE GARDEN AND RETENTION OF STRUCTURE (RETROSPECTIVE APPLICATION) SUNNINGDALE ROAD - 1416 - PORTCHESTER - LAND TO REAR OF - OFFICERS REPORT - Simon Thompson ext. 4815 Site Description Numbers 14 and 16 Sunningdale Road are two neighbouring terrace houses on the south side of this road and positioned about 50m to the east of Sunningdale Road's junction with Myrtle Avenue, Portchester. At the rear/south of No's 14 and 16 is a shared access way which runs west to east behind these properties and its close neighbours on the south side of Sunningdale Road. This access way runs on from behind No's 14 and 16 eastwards and then turns north to connect to the eastern cul-de-sac end of Sunningdale beside 2 Sunningdale Road, whilst in the opposite direction it runs on via a "S" bend and connects to Myrtle Avenue at the rear of 30 Sunningdale Road. There are numerous similar rear accesses in the immediate area. Description of Proposal This application seeks permission to change the use of a narrow strip of the access way behind No's 14 and 16 to form part of these two properties' rear gardens. This strip has already been enclosed for this purpose by a close boarded fencing (approximately 1.8 metres high) with an eastern panelled side gate and flat, part green netting and part obscure translucent polycarbonate, roof covering above. This enclosed area was installed in April 2009 and serves as a narrow allotment or plant growing area and has access gates to each of the previous rear gardens of No's 14 and 16. The application also seeks the retention of this structure/enclosure. Policies Fareham Borough Local Plan Review - Policies DG3, DG5 and T5 Representations Two letters and two emails have been received objecting on the following grounds: Loss of rear access to properties at Sunningdale Road from Myrtle Avenue in the west to Sunningdale Road's eastern end; dc-090909-r 04-lsm - 60 The submitted application forms are mistaken where they have been completed to state there is no requirement to divert, extinguish or create a right of way; Full access should be retained, 1938 property deeds showing this access for the passage of persons and vehicles, it having been used for property maintenance, disabled neighbours, builder and trade access and in the last 20 years; Previous to this application, some Councillors have indicated that such 1930s rear access ways in Portchester should be retained as they were designed and built this way; This access is needed for the maintenance of off road parking required by the planning authority for a nearby property's existing loft conversion and possibly for future such conversions nearby; If this scheme is permitted, the Council would seem to be being inconsistent in its decisions, and a precedent would have been set; Perhaps the authorities should insist that in future these back access ways are properly maintained by concerned residents. Consultations Chief Planning and Transportation Officer (Highways) - No highway objection Comments The applicant has set out in some detail why he believes his application should be permitted. He has pointed out for example that: The right of way is not completely blocked by the structure as a walkway remains beside it reflective of the current use of the access way; The access way in recent years has progressively been used less and less and become overgrown with no clear right of way for at least the last 10 years, with local residents presumably aware of this without complaint. Removing the structure would not in itself make the access way available for use again-much vegetation would need to be cleared. Some of the residential properties backing onto this access way do not have any access gates onto this access way, and those properties east of No.14 still able to gain access up to the eastern end of Sunningdale Road; There are no garages at the rear of 2 to 20 Sunningdale other than at No. 10, which has not been used for many years with the current resident owner having indicated a desire to return it to full garden size, and at No. 20 whose access is believed to be compromised by a wall to the rear of No.22 and the land immediately outside this garage over grown showing its non-use; This rear access is 3m wide and narrower than others in the area with the tightness of its bends making it virtually impossible for vehicles to use this stretch of access way with most residents instead having front off road parking and, with the "Home Zone's" introduction, rear vehicular access is quickly becoming nonexistent here and nearby; This 1930s installed access way is no longer needed for its then intended purpose to serve coal deliveries; The proposed structure to be retained is not an eye sore nor visible from the road and is screened by trees by the adjacent school and does not contravene height dc-090909-r 04-lsm - 61 restrictions, with allotments (its intended use) being hard to come by in Fareham Borough for example. Clearly that set out above in this report, outlines many of the arguments for or against this proposal. It appears that this access way has not remained fully open for access for a number of years. This is evidenced by the amount of plant growth which has occurred upon it over a period of time. This fact however needs to be balanced against the fact that if the requested change of use were granted now it would permanently prevent vehicular access from east to west. Plant growth on the other hand could be simply and quickly removed. The Council's highway engineers have been consulted on this application and have not raised a formal objection. They do however recognise the value of these rear accesses in providing servicing and parking facilities to local residents. In light of the foregoing, Officers have weighed the arguments for and against this proposal. Whilst these are in many ways finely balanced, Officers are concerned that the proposal would permanently remove the ability to drive east/ west between Sunningdale Road through to Myrtle Avenue or vice versa. The loss of such a servicing facility would be detrimental to nearby residents and could reduce the ability for other residents to provide parking facilities at the rear of their property. On balance Officers recommend that planning permission should be refused. RECOMMEND: REFUSE: Contrary to policy; permanent loss of circulatory access detrimental to residents of nearby dwellings. BACKGROUND PAPERS: P/09/0626/CU (19) P/09/0628/FP MR P ELLWOOD PORTCHESTER EAST AGENT: MR P ELLWOOD RETENTION OF REAR BALCONY 22 ALTON GROVE PORTCHESTER PO16 9NJ OFFICERS REPORT - Richard Wright ext. 2356 Site Description This application relates to a semi-detached chalet bungalow style property on the southern side of Alton Grove, Portchester. The property has a single storey rear extension with a part flat/part pitched roof. The property also has a rear flat roofed dormer window. dc-090909-r 04-lsm - 62 - Description of Proposal Permission is sought for the retention of a balcony that has been created on the flat part of the roof of the rear extension. The balcony has a small parapet wall to the rear measuring around 0.3 metres from the level of the roof decking. A handrail to a height of 1.1 metres from the level of the roof decking is proposed to be added to this wall. A larger parapet wall to a height of around 1.2 metres above the roof decking exists between the balcony and the adjoining roof of 24 Alton Grove. To the east of the balcony is the pitched roof section of the rear extension which features a ridge which stands approximately 1.5 metres above the height of the roof decking. Policies Fareham Borough Local Plan Review DG5 Representations One letter has been received objecting on the following grounds: Overlooking of neighbouring windows and gardens The granting of this application will set a precedent for other such balconies in the street One letter has been received supporting the application with the following comments: A first floor balcony for a waterfronted property can only complement the area Theirs is not the first on the road to have a balcony in place Two further letters have been received with the following comments: It is a private space that is hardly overlooked and doesn't have any negative impact on neighbouring properties This application will not interfere with the privacy of our garden Comments The primary consideration in determining this application is the impact the retention of the balcony would have on the level of privacy enjoyed by neighbouring properties. As with rear facing windows at first floor level, oblique views from balconies into adjacent gardens are unavoidable in densely populated areas such as this. The letters received from the neighbours either side of the application property raise no objection to the balcony's retention. Notwithstanding this, measures should be taken in order to prevent direct sideways overlooking into the rear facing windows in these properties to the detriment of the amenity of current or future occupiers. A reasonable condition would be to require screening to be erected at suitable positions on either side of the balcony, details of which should be approved by the local planning authority. Subject to the imposition of appropriate conditions officers consider the proposal accords with the relevant policies of the Fareham Borough Local Plan Review. RECOMMEND: dc-090909-r 04-lsm - 63 PERMISSION: details of screening (east and west sides of balcony) to be submitted within 4 weeks of the planning permission being granted. Approved screening to be implemented within 4 weeks of its approval. BACKGROUND PAPERS: File P/09/0628/FP dc-090909-r 04-lsm - 64 PLANNING APPEALS The following list details the current situation regarding new and outstanding planning appeals and decisions. APPEALS LODGED 1. P/09/0015/CU Appellant: Mrs Lorette West Site: 55 Pimpernel Close Decision Maker: Officer's Delegated Powers Recommendation: Refuse Council's Decision: Refusal Date Lodged: 4th August 2009 Reason for Appeal: Against the decision of the Local Planning Authority to refuse planning permission for the change of property to mixed residential/business use (conversion of garage to hairdressers) & install window to side elevation of garage. HEARINGS 2. P/08/1248/FP Appellant: Ivor Codall Site: Seaview Farm, Cranleigh Road, Portchester, Fareham Decision Maker: Officer's Delegated Powers Recommendation: Refuse Council's Decision: Refusal Date Lodged: 1st May 2009 Reason for Appeal: Against the decision of the Local Planning Authority to refuse planning permission for the redevelopment of the site by erection of new forge, 6 (B1) industrial units, toilet & stable block, relocate mobile home and boat storage area. Hearing Date: 27th August 2009 3. P/09/0/0102/FP Appellant: Lowater Ltd - Lowater Nursery Site: Lowater Nursery, Hook Lane, Fareham Decision Maker: Planning Development Control Committee Recommendation: Permission Council's Decision: Refusal Date Lodged: 24th July 2009 Reason for Appeal: Against the decision of the Local Planning Authority to refuse planning permission for the conversion of building a to create 12 (b1) office units, demolition of building b to create 12 (b1) office units, car parking, landscaping and associated works. Hearing Date: 4th November 2009 DECISIONS 4. P/08/1187/TO dc-090909-r 04-lsm - 65 Appellant: Mr Paul Bennett Site: 16 St Pauls Road, Sarisbury Green Decision Maker: Officer's Delegated Powers Recommendation: Refuse Council's Decision: Refusal Date Lodged: 17th February 2009 Reason for Appeal: Against the decision of the Local Planning Authority to refuse planning consent for the felling of a cedar tree in the front garden covered by F.T.P.O.568. Decision: Dismissed Date of Decision: 17th August 2009 Enquiries: For further information on this report please contact Lee Smith. (Ext 2427) dc-090909-r 04-lsm - 66 UPDATES - 9 September 2009 Item Page ZONE 1 1 6 P/09/0540/FP - 2 STALYBRIDGE CLOSE, PARK GATE Amended plans received 4 September 2009 showing dormer windows set below the existing ridge. 4 11 P/09/0671/FP - 87 WINNARDS PARK, SARISBURY GREEN Chief Planning and Transportation Officer (Arborist) - No objections Head of Leisure and Community (Parks and Trees Officer) - The Council has already programmed work to the tree to the north east of the site which would effectively remove its current overhang of the existing garage & proposed parking. No objection if the developer wishes to do this work before then, but if so, he/she is asked to provide information on such work prior to its commencement Chief Planning and Transportation Officer (Highways) - No highway objection Officers recommend an informative (NFI) be added to this item's recommended decision to reflect the above comments of the Council's Parks and Trees Officer. 6 18 P/09/0509/RM - LAND OFF SHETLAND RISE, WHITELEY Further amended by letter dated 7 September 2009 - details of boundary treatment and site operations withdrawn for future negotiation. Developer offers traffic calming speed hump in Shetland Rise, subject to HCC approval. 7 23 P/09/0575/TO - JOHN WILLMENT MARINE LTD, UNIVERSAL SHIPYARD, CRABLECK LANE, SARSIBURY GREEN This application is as amplified by email dated 25 August 2009 concerning the applicant's acceptance of the alternative replacement tree types/numbers suggested by the Council's arborist. dc-090909-r 04-lsm - 67 - 11 34 P/09/0601/FP - 88 NEWTOWN ROAD, WARSASH Additional condition:- Contamination ZONE 2 (2) 47 MISCELLANEOUS ITEM P/07/1237/TO - 1 GRACEFIELDS, FAREHAM On the advice of the Council's Legal Services Officer, the recommendation should be amended to read: RECOMMEND: Officers be authorised to serve a Tree Replacement Notice under Section 207 of the Town and Country Planning Act 1990 pursuant to non-compliance with Condition 4 of tree works consent P/07/1237/TO, the period for compliance to be 4 months from when the Notice becomes effective. ZONE 3 18 58 P/09/0626/CU - LAND TO THE REAR OF 14 - 16 SUNNINGDALE ROAD The applicant is not able to attend the committee meeting and has therefore submitted comments in response to the representations received: dc-090909-r 04-lsm The comments are misleading and do not offer a true reflection of the situation; There has not been full access up and down the alleyway for many years due to the extent of the overgrowth at one end; The alleyway is not regularly used; it is virtually impossible to pass up and down the full length due to the thickness of overgrowth. This indicates that no-one has passed in some time; No. 6 Sunningdale Road does not have a back gate, but there is no obstruction to the fence or access to maintain the property. The property has alternative access; The alleyway is overgrown outside of 18 and 20 Sunningdale - 68 Road; dc-090909-r 04-lsm No. 19 Sunningdale is situated across the road.