Development Management Committee - Wednesday, 15th September, 2021 7.00 pm - Agenda and minutes

All Members who have or believe that they have any interest under the Rushmoor Borough Council Councillors’ Code of Conduct, adopted in April 2021, in any matter to be considered at the meeting are required to disclose that interest at the start of the meeting (preferably) or as soon as possible thereafter and to take the necessary steps in light of their interest as to any participation in the agenda item.

There were no declarations of interest for this meeting.

To confirm the Minutes of the meeting held on 18th August 2021 (copy attached).

Subject to the following amendments, the Minutes of the meeting held on 18th August 2021 were approved and signed by the Chairman as a correct record:

·                Cllr T.W. Mitchell was not present at the previous meeting

·                Minute No. 25, (ii) was amended to read:

In accordance with the guidelines for public participation at meetings, the following representations were made to the Committee and were duly considered before a decision was reached:

To consider the Head of Economy, Planning and Strategic Housing’s Report No. EPSH2128 on planning applications recently submitted to the Council (copy attached).

Sections A and B of the report set out the items to be considered at future meetings and petitions received:

Section C of the report sets out planning applications for determination at this meeting:

Section D of the report sets out planning applications which have been determined under the Council’s scheme of delegation for information.

The Committee considered the Head of Economy, Planning and Strategic Housing’s Report No. 21/00483/FULPP in respect of a first floor side extension and a single storey rear extension with the creation of  a parking area to the frontage of No. 183 Ash Road, Aldershot.   It was noted that this site had been the subject of enforcement investigation in the past, and most recently in January and May 2021 following the unauthorised erection of large structures across the rear of the property, covering part of the open yard service area.  The Report advised that these structures had now been removed.

The Report also advised the Committee that the current storage of tyres across the site, informally in piles and on racks along the east boundary wall with No. 185 Ash Road represented unauthorised storage in the open parking area.  The storage racks were substantial and had been built to a height of approximately four metres, stretching along the rear boundary approximately ten metres.  The planning application would replace this unauthorised arrangement.  Notwithstanding this, these racks were visually unacceptable in this location and the intensification of storage of tyres in the open was considered to have a detrimental impact on the visual character and appearance of the street scene.  Furthermore, the racks were visible from the rear of Nos. 185 and 187 Ash Road and it was considered that they represented an unacceptable loss of visual amenity to surrounding residents.

RESOLVED:  That

(i)        planning permission be refused for the reasons set out in Appendix B attached hereto; and

(ii)       the Solicitor to the Council be authorised to issue an enforcement notice with regard to the unauthorised storage of tyres and fitting of tyre racks within the rear parking area at No. 183 Ash Road, Aldershot for the reasons that the unauthorised development was unacceptable due to the impact on visual amenity and loss of on-site parking spaces to the detriment of the amenities of the occupiers of nearby residential properties by reason of increased noise and disturbance and was thereby contrary to Policy DE1 and DE10 of the Rushmoor Local Plan (2019), with three months as the period for compliance.

The Committee considered the Head of Economy, Planning and Strategic Housing’s Report No. 21/00487/FULPP in respect of retrospective change of use of part of the land to the rear of No. 185 Ash Road, Aldershot from residential amenity space (C3) to tyre storage (B2) in connection with No. 183 Ash Road, and the proposed erection of a single storey building for the storage of tyres and the provision of staff facilities (kitchen with wc) at No. 185 Ash Road, Aldershot.  It was noted that planning records for this property showed that an enforcement notice in respect of a material change of use had been issued on 31st March 1989 relating to the outbuildings to the rear of the  garden regarding ‘unauthorised material change of use of a domestic garage to use of a garage for commercial purposes not ancillary to the residential area of the premises’.  The notice required the cessation of this use.   The reasons for the service of this notice had been given as:

“(i) this use is unacceptable because it is likely to cause noise and disturbance to occupiers of nearby residential properties, and (ii) this use represents an over-intensification and expansion of the business carried on at No. 183 Ash Road, Aldershot which itself is a non-conforming use in a residential area, to the detriment of the amenities of the occupiers of nearby residential properties”.

RESOLVED:  That

(i)            planning permission be refused for the reasons set out in Appendix B attached hereto; and

(ii)          the Solicitor to the Council be authorised to issue an enforcement notice with regard to the unauthorised material change of use of domestic outbuilding to use for commercial purposes at No. 185 Ash Road, Aldershot for the reasons that (i) the unauthorised development was unacceptable because it constituted unacceptable loss of residential garden space to a use likely to cause noise and disturbance to the detriment of the amenities of the occupiers of nearby residential properties and was thereby contrary to Policies DE1 and DE10 of the Rushmoor Local Plan (2019) with three months as the period for compliance.

To receive the Head of Economy, Planning and Strategic Housing’s Report No. EPSH2126 (copy attached) on the progress of recent planning appeals.

The Committee received the Head of Economy, Planning and Strategic Housing’s Report No. EPSH2126, which advised Members that an appeal against the refusal of planning permission in respect of planning application 21/00092/FULPP for the erection of a car port to the front of the property at No. 74 Ayling Lane, Aldershot had now been made valid and had been given a start date.  The planning appeal reference was APP/P1750/D/21/3276184.   It was noted that the appeal would be determined by the fast-track householder written representation method.

RESOLVED: That the Head of Economy, Planning and Strategic Housing’s Report No. EPSH2126 be noted.

To receive a verbal update on the position regarding the approval of requirements pursuant to the Development Consent Order (Report No. EPSH2127 attached).

The Head of Economy, Planning and Strategic Housing gave an update to the Committee on the position regarding the approval of requirements pursuant to the Development Consent Order for the renewal and partial realignment of the Southampton to London Esso fuel pipeline which crossed the Borough of Rushmoor. 

It was noted that the Council had secured agreement from Esso that it would submit further details for approval of how it planned to carry out trenching work close to the fairy tree and another veteran tree in Queen Elizabeth Park, Farnborough, as part of its pipeline project.

The agreement followed a request from Esso for the Council to discharge a number of requirements in the Development Consent Order that the Secretary of State for Business, Energy and Industrial Strategy had granted in October 2020. The Development Consent Order was the permission needed for Nationally Significant Infrastructure Projects.

The Council had spent a significant amount of time formally considering Esso’s requests as required by the Development Consent Order to agree a way forward. In doing so, the Council had worked with the Friends of Queen Elizabeth Park with a view to minimising the potential impacts of the work in the Park.  The most difficult of these requests involved changes to the Site Specific Plan for Queen Elizabeth Park because of a small change in the route of the pipeline.  This had become necessary after the discovery of concrete blocks linked to a sewage pipe already running through the Park, meaning that the trenching had to be carried out closer to a small number of mature trees including the well-known fairy tree.

Esso had agreed to submit further information on the detailed working methods it would use for this work as part of the revised Site Specific Plan and the Council would need to approve this before the work could be started.   It was noted that all the submissions had now been agreed.

RESOLVED:  That the update be noted.