Development Management Committee - Wednesday, 21st April, 2021 7.00 pm - Agenda and minutes

All Members who believe they have a disclosable pecuniary interest in any matter to be considered at the meeting may not participate in any discussion or vote taken on the matter and if the interest is not registered it must be disclosed to the meeting. In addition, Members are required to leave the meeting while the matter is discussed.

Cllr C.J. Stewart declared a personal and prejudicial interest in respect of planning application 21/000048/REVPP (No. 1 North Close, Aldershot) in respect of his parents’ ownership of a property in the vicinity and their submitted objections to the planning application.  In accordance with the Members’ Code of Conduct, he did not take part in the meeting during the discussion and voting thereon.

To confirm the Minutes of the meeting held on 17th March 2021 (copy attached).

The Minutes of the meeting held on 17th March 2021 were approved and signed by the Chairman. 

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.

RESOLVED: that a site visit be undertaken in respect of the following planning application for the reason set out:

RESOLVED: That the petitions received in respect of the following application be noted, as set out in the Head of Economy, Planning and Strategic Housing’s Report No. EPSH2110 (as amended at the meeting):

To consider the Head of Economy, Planning and Strategic Housing’s Report No. EPSH2110 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. EPSH2110 regarding the variation of planning condition 15 attached to planning permission 17/00344/REVPP dated 22.6.17 for the erection of a restaurant with a drive-through takeaway facility, to allow permitted hours of use from 0600 hours to 0000 hours, seven days per week, instead of 0700 hours to 2300 hours at No. 1 North Close, Aldershot. 

Before consideration of the application, the Committee was addressed by Ms. Lisa Walker in opposition to the planning application.

During consideration of the application, Members spoke of issues in connection with the impact of noise, air pollution and light pollution on neighbouring properties and the impact on quality of life with the premises starting operation at 0600 hours and going through to midnight every day. 

The Committee agreed that the final wording of the refusal should be drafted for the Chairman’s approval.

RESOLVED: That planning permission/consent be refused, as set out in Appendix “A” attached hereto for the reasons mentioned therein.

NOTE:  Cllr C.J. Stewart declared a personal and prejudicial interest in this item for the reason that his parents own a property in the vicinity and had declared their objection to the planning application.  In accordance with the Members’ Code of Conduct, Cllr Stewart took no part in the discussion and voting on this item. 

The Committee received representations from Mr. Stuart Duddy (against the planning application) and Mr. Huw Mellor (in support of the planning application).

The Committee then considered the Head of Economy, Planning and Strategic Housing’s Report No. EPSH2110 (as amended at the meeting) regarding the erection of 10 three-bedroom three-storey detached houses with vehicular access from Sorrel Close, together with associated parking, internal access driveway and landscaping.

RESOLVED: That, subject to the completion of a satisfactory Planning Obligation under Section 106 of the Town and Country Planning Act 1990 by 24th May 2021 to secure the SAMMs SPA and Public Open Space contributions as set out in the Head of Economy, Planning and Strategic Housing’s Report No. EPSH2110 (as amended at the meeting), the Head of Planning, in consultation with the Chairman, be authorised to grant planning permission subject to the planning conditions and informatives set out in the Report (and as amended at the meeting).

However, in the event that a satisfactory Section 106 Agreement is not received by 24th May 2021, the Head of Planning, in consultation with the Chairman, be authorised to refuse planning permission on the grounds that the proposal does not provide a financial contribution to mitigate the effect of the development on the Thames Basin Heaths Special Protection Area in accordance with The Rushmoor Thames Basin Heaths Special Protection Area Interim Avoidance and Mitigation Strategy and adopted Rushmoor Local Plan Policy NE1; and, does not make appropriate provision for Public Open Space in accordance with the requirements of the Rushmoor Local Plan Policy DE6.

To consider the Head of Economy, Planning and Strategic Housing’s Report No. EPSH2111 (copy attached) which reports on cases of planning enforcement and possible unauthorised development.

The Committee received the Head of Economy, Planning and Strategic Housing’s Report No. EPSH2111 which set out details of action taken:

(1)      Nos. 24-26 Church Lane East, Aldershot

The Committee was advised in respect of non-compliance with planning condition No. 2 of planning permission 17/00575/REVPP dated 25th August 2020 at Nos. 24-26 Church Lane East, Aldershot to undertake and complete the construction of improvements to the vehicular access into the approved development to create a bell-mouth at the junction with Church Lane East.  The reason for the planning condition had been that failure to undertake the approved works before the new dwelling houses were occupied would give rise to conditions likely to be to the detriment of the safety and convenience of highway users. 

It was noted that an Enforcement Notice could have been issued to require compliance with the planning condition, but this would have extended the timescales for compliance.  It had been felt that a Breach of Condition Notice would be a more expeditious means of securing compliance.  Taking no action would not have addressed the highway safety and convenience issues. 

(2)      No. 162 Fleet Road, Farnborough

The Committee was advised that, following dismissed appeals against an Enforcement Notice which had been issued on 6th July 2020 requiring the removal of a partially open-sided outbuilding and reduction in height of a front boundary fence and gates to one metre and an appeal against the refusal of planning permission for the retention of a two metre high timber fence with access gate to the front of the property and covered carport.  The date for the compliance with the requirements of the Enforcement had been 6th April 2021.  

It was noted that officers had visited the site on 6th April 2021 and had observed that the open-sided outbuilding had been removed and the fence and gate had been reduced to one metre in height.  The requirements of the Notice had been met and the breach of planning control had been resolved.

RESOLVED:  That the Head of Economy, Planning and Strategic Housing’s Report No. EPSH2111 be noted.

To consider the Head of Economy, Planning and Strategic Housing’s Report No. EPSH2112 (copy attached) on the progress of recent planning appeals.

Appeal Decision

RESOLVED: That the Head of Economy, Planning and Strategic Housing’s Report No. EPSH2112 be noted.

To receive the Head of Economy, Planning and Strategic Housing’s Report No. EPSH2113 (copy attached) which updates on the Performance Indicators for the Development Management section of Planning, and the overall workload for the Section for the period 1st January to 31st March 2021 and the year 1st April 2020 to 30th March 2021.

The Committee received the Head of Economy, Planning and Strategic Housing’s Report No. EPSH2113 which provided an update on the position with respect to achieving performance indicators for the Development Management Section of the Planning Service and the overall workload of the Section for the quarter from 1st January to 31st March, 2021 and for the year 2020/21.

RESOLVED: That the Head of Economy, Planning and Strategic Housing’s Report No. EPSH2113 be noted.