Agenda and minutes

The Minutes of the meeting held on 14 February 2024 (copy attached) to be confirmed and signed as a correct record.

The minutes of the meeting held on 14 February 2024 were proposed by Councillor Quarterman and seconded by Councillor Southern and approved and signed as a correct record.

To receive any apologies for absence from Members*.

*Note: Members are asked to email Committee Services in advance of the meeting as soon as they become aware they will be absent.

Apologies for absence had been received from Councillor Oliver.

To declare disclosable pecuniary, and any other, interests*.

*Note: Members are asked to email Committee Services in advance of the meeting as soon as they become aware they may have an interest to declare.

No declarations of interest were made.

(1)         Solar/photovoltaic panels in Conservation Areas

The Chairman advised the Committee that, in January 2024, the Cabinet had considered a report on the weight given to the climate change emergency in planning decisions relating to heritage matters.  During discussion at the meeting, officers had been asked to investigate whether a Local Development Order would be necessary to allow solar/photovoltaic panels in Conservation Areas without the need for a planning application. The matter had been investigated and the Executive Director – Place had concluded that solar/photovoltaic panels were permitted development in Conservation Areas in several circumstances.  Members noted that this matter had been clarified in a recent Lawful Development Certificate appeal decision in Aylesbury in October 2023.  Solar panels would only be caught by the General Permitted Development Order if they were on a wall which fronted a highway or were freestanding and nearer to the highway than the dwelling.  Solar/photovoltaic panels on a non-listed building in a Conservation Area were permitted development.

The Chairman further advised that the existing Article 4 direction did not remove permitted development rights relating to solar/photovoltaic panels in Conservation Areas.  Provided the solar panels met the conditions of class A of part 14 of the General Permitted Development Order, they could be installed on the roof of residential buildings in Conservation Areas (but not on a listed building, or in the grounds of, or on an outbuilding within the curtilage of, a listed building). 

Members noted that officers were preparing a Technical Advice Note to provide greater detail and certainty to applicants and homeowners and this would be published on the Council’s website soon. There was, therefore, no need to make a Local Development Order to this effect.  Given the Council’s declaration of a climate emergency in April 2021, it was hoped that this clarification would encourage more homeowners in Conservation Areas to consider solar or photovoltaic panels on their properties.

(2)        Adoption of two updated Conservation Area Appraisals

The Chairman advised the Committee that, on 7 March 2024, the Cabinet had updated Conservation Area Appraisals for Crondall and Crookham Village.  The Crondall Conservation Area Appraisal had amended the Conservation Area boundary.

(3)        Local Enforcement Plan

The Chairman advised the Committee that, on 7 March 2024, the Cabinet had also adopted a new Local Enforcement Plan which covered planning enforcement, environmental health and licensing.  The Local Enforcement Plan set out the Council’s approach to planning enforcement and replaced the previous plan which had been adopted in January 2016. 

The Committee to note the draft Notes from the Queen Elizabeth Barracks (QEB) Transport Steering Group meeting held on 24 January 2024.

Councillor Makepeace-Browne gave an update on the meeting held on 24 January 2024, covering:

·        attendance at meetings

·        £100,000 highway tree planting funding within the QEB contribution which appeared to have been allocated by Hampshire County Council away from the QEB scheme for mitigation planting in the vicinity of the QEB Scheme.  The matter was being investigated.

·        close scrutiny of expiry dates of Section 106 monies

·        projects put forward for funding by the Steering Group

The Committee noted the Queen Elizabeth Barracks Transport Steering Group notes of the meeting held on 24 January 2024. 

To consider the planning reports from the Executive Director, Place and to accept updates via the Addendum.

The planning reports from the Executive Director – Place were considered and the updates via the Addendum report were accepted by the Committee.

The Planning Officer summarised Application No. 23/02411/HOU, which was for the erection of a two-storey front extension, creation of a first floor, demolition of an existing conservatory and alterations to the fenestration at 92 Connaught Road, Fleet. 

The Committee was advised that an additional drawing had been submitted to show the internal layout of the garage for the purpose of storing 6 bicycles.  It was therefore proposed to add an extra condition as follows:

“The garage shown on drawing number MLP/cycle08 shall be provided and thereafter permanently retained for the purposes of a cycle store for 6 bikes.

Reason:  To ensure a satisfactory development, with appropriate on-site cycle provision, in accordance with ‘saved’ policy GEN1 of the Hart District Local Plan (Replacement) 1996-2006.  In the interests of highways safety in accordance with Policy INF3 of the Hart Local Plan Strategy and Sites 2032 and Policy 19 of the Fleet Neighbourhood Plan 2018-2032 (2019).” 

Members questioned the Planning Officer on:

·        the weight to be given to the Fleet Town Neighbourhood Plan and whether it was a material consideration;

·        the size of the existing garage and whether it would be classed as a cycle store; and

·        the fall-back position in the case of prior approval which had been permitted under permitted development.

Members questioned the speaker representing the applicant on:

·        the total floor space of the planning application and the plans which had been allowed under permitted development;

During discussion on the application, Members debated:

·        their concerns at the apparent attempt at circumnavigating the sound Fleet Town Neighbourhood Plan;

·        the Committee’s duty to support the integrity of the Fleet Town Neighbourhood Plan;

·        Policy 11 regarding the preservation bungalows in Fleet; and

·        changes in legislation and Government planning policy.

The recommendation (as amended on the Addendum sheet) was proposed by the Chairman (Councillor Quarterman); seconded by Councillor Kennett and, as it was apparent that the recommendation would not be unanimously approved, a recorded vote was taken.

For: Blewett, Butcher, Kennett, Quarterman and Southern (5);

Against: Cockarill, Makepeace-Browne, Radley, Wildsmith and Worlock (5);

Abstained: (0).  

The Chairman exercised his right to a casting vote and voted in support of the recommendation. 

The Recommendation to GRANT (as amended on the Addendum sheet to include the additional condition mentioned above) was AGREED. 

Note:

Speaking::

AGAINST the application: A representative of Fleet Town Council

FOR the application: Mark Leedale

The Development Management and Building Control Manager summarised Application No. 23/02488/FUL, which was for the demolition of an existing detached 1 bedroomed bungalow and the erection of a replacement detached 3 bedroomed dwelling with provision for parking and amenity space at The Pump House, Mill Lane, Yateley, Hampshire GU46 7AS.

There were no questions of clarification for the Development Management and Building Control Manager or public speakers. 

During discussion on the application, Members debated:

·        the location of the site in question and it being outside of the settlement boundary, in Flood Zone 3 and in a Site of Importance for Nature Conservation (SINC);

·        Local Plan Policies and the Local Neighbourhood Plan policies relevant to the site;

The recommendation was proposed by the Chairman (Councillor Quarterman); seconded by Councillor Southern and, as it was apparent that the recommendation would not be unanimously approved, a recorded vote was taken:

For: Southern (1);

Against: Butcher, Cockarill, Kennett, Makepeace-Browne, Quarterman, Radley, Wildsmith and Worlock (8);

Abstained: Blewett (1)

The Recommendation to Grant subject to conditions was REFUSED. 

Members then discussed the reasons for refusal, the final wording for which would be agreed with the Chairman and Ward Councillor following the meeting. 

The following reasons for refusal were proposed by Councillor Cockarill and seconded by the Chairman (Councillor Quarterman):

·        outside the settlement boundary

·        flooding

·        proximity to the SINC, having a negative impact on biodiversity

.

The Committee agreed to take a recorded vote on each of the proposed reasons for refusal. 

Reason 1 – Outside the settlement boundary:

For: Blewett, Butcher, Cockarill, Kennett, Quarterman, Wildsmith and Worlock (7)

Against:  Makepeace-Browne, Southern and Radley (3)

Abstained: (0)

and this reason was AGREED for inclusion in the reasons for refusal.

Reason 2 – Flooding:

For: Blewett, Butcher, Cockarill, Kennett, Makepeace-Browne, Quarterman, Radley, Wildsmith and Worlock (9);

Against: Southern (1)

Abstained: (0)

and this reason was AGREED for inclusion in the reasons for refusal.

Reason 3 – Proximity to the SINC and having a negative impact on biodiversity

For: Butcher, Cockarill, Kennett, Makepeace-Browne, Quarterman, Wildsmith and Worlock (7)

Against: Southern, Radley (2)

Abstained: Blewett (1)

and this reason was AGREED for inclusion in the reasons for refusal. 

Notes:

Speaking:

AGAINST the application: Mrs Lynda Jones

FOR the application: Mr Rob McLennan (Agent)

The Development Management Team Leader summarised Application No. 23/02556/HOU, which was for the erection of a single storey rear extension, front porch and replacement of two windows to the ground floor side with one window at 5 Southview Cottages, Newnham Road, Hook RG27 9LS.

The recommendation was proposed by the Chairman (Cllr Quarterman); seconded by Councillor Worlock and Members voted unanimously in support of the recommendation.

The Recommendation to GRANT was unanimously AGREED.