Havant Borough Council Development Management Committee (uo to 25 Feb 2021) Meeting

The Chairman opened the meeting by thanking Holly Weaver, Democratic Services Assistant personally and on behalf of the Committee for her hard work and dedication since servicing the Committee, and wished her well for the future.

Apologies for absence were received from Cllr Lloyd. Councillor Patel stood in as her deputy.

The minutes of the meeting of the Development Management Committee held on 12 November 2020 were agreed as a correct record.

The minutes of the Site Briefing held on 3 December 2020 were received.

There were no declarations of interest relating to items on the agenda.

The Chairman advised the Committee that application APP/20/00696 – 162 Stakes Hill Road, Waterlooville had been withdrawn from this meeting at the request of the applicant. She assured the Committee that this application would still come to Committee in the New Year.

The site was the subject of a Site Briefing by the Site Viewing Working Party.

Proposal:       Felling of trees as shown in schedule accompanying plan 20122-BT1 (agreed under Planning Permission APP/17/00863).  Subject to TPO 1068.

Reason for Committee consideration: The application was brought to the Committee at the request of the Director of Regeneration and Place.

The Committee considered the written report and recommendation from the Head of Neighbourhood Support to grant TPO consent.

The Committee received the supplementary information, circulated prior to the meeting which included:

a)    the written deputations received by Democratic Services over 48 hours in advance of the meeting;

b)    a copy of the presentation slides to be given by the officers; and

c)    the minutes of the Site Briefing held on 3 December 2020 which viewed the application.

All members confirmed that they had read the above supplementary papers prior to the meeting.

The members received a presentation from the officers outlining the report.

There had been 7 requests to make verbal deputations by Councillors and members of the public. Those opposing the application were Nicholas Knight, Malinda Griffin (Havant Borough Tree Wardens), Thomas Griffin, Councillor Dianne Lloyd, Councillor Diana Patrick and Councillor Tim Pike. Paul Thomas (Bargate and Vivid Homes) spoke in support of the application. These were received by the Committee. These verbal deputations were a summary of the written deputations supplied and published on the council’s website. The audio recording of these deputations is found within the recording of the meeting itself, beginning at 0.13.27. This is published on the council’s website.

Following the deputations, the officers advised that outline permission had already been granted for the site when it came to Committee in April 2018. With that outline application a landscape strategy was received which, whilst indicative, showed a significant number of trees would need to be felled in order to accommodate the number of proposed dwellings on the site (up to 70). Since this permission had already been granted, this particular TPO application was sent in by the applicant in order to be able to fell the necessary trees in order to make site investigations, prior to submitting a reserved matters application. The Committee was being asked to approve or not approve the felling of trees at this meeting, not to approve or not approve the principle of development. It was typical for reserved matters applications to come in prior to agreeing to the felling of TPO trees, but it was not unlawful to have it be the other way around.

In response to questions raised by Members of the Committee, the officers confirmed that:

1)    in the officer report for the Committee meeting where outline permission had been granted, the significant felling of trees required for the development was highlighted;

2)    whilst the original designation in the emerging Local Plan at the time of the Committee’s consideration of the outline planning application was for an indicative figure of up to 35 dwellings on the site, that outline planning application had demonstrated that up to 70 dwellings could be accommodated on the site, and as such a future application for 70 dwellings would be in keeping with the outline permission granted in 2019;

3)    condition 27 in the outline permission allowed for felling to commence prior to a reserved matters application only if it was agreed in writing by the Local Planning Authority; if TPO consent was granted at this meeting this would constitute that written agreement;

4)    the figure of 70 dwellings was deemed acceptable by the Local Planning Authority in 2018 as planning concerns such as local infrastructure and transport were considered at the time; and

5)    as the minutes of the meeting of the Development Management Committee held on 5April 2018 were signed and agreed by the Committee as a correct record, they were now the reliable record of the meeting where outline permission was granted.

The Committee discussed this application in detail together with the matters raised by the deputees. Concerns were raised by Members regarding the prematurity of removing the trees prior to a reserved matters permission being granted, as once felled they could not be brought back if the final site layout did not require them to be removed. Members also considered the age and significance of the trees to the setting of the listed building.

Members expressed a desire for any future applications regarding this site to come before the Committee. The Committee was advised that whilst it could not be mandated that any further applications relating to this site come before the Committee, it was the prerogative of Members, the Head of Service or the Director of Regeneration and Place to bring applications to the Committee at their request. Officers also advised the Committee that as this site was in the emerging Local Plan and not the existing Local Plan, a reserved matters application would have to be brought to Committee anyway.

It was therefore, unanimously RESOLVED that Application APP/20/00757 be refused for the following reason:

In the absence of a reserved matters application pursuant to planning application APP/17/00863 being submitted and approved, the removal of all of the trees the subject of this application would be premature and would lead to undue loss and detriment to the visual amenities of the locality. In particular, in the absence of an approved layout and landscaping proposals for the development, the removal of all of the trees the subject of this application would prejudice the proper consideration of natural features as part of the development, as is required by policies CS16 and DM8 of the Havant Borough Local Plan Core Strategy 2011 and the National Planning Policy Framework.

Proposal:          Installation of 4No. LED lamps (floodlights), mounted on maximum 8 m high columns and an artificial surface for the bowling green.

Reason for Committee Consideration: Havant Borough Council Application.

The Committee considered the written report and recommendation from the Head of Planning to grant permission.

The Members received a presentation from the officers outlining the report.

The Chairman advised the Committee that no deputations had been received regarding this application.

In response to questions by Members of the Committee, the officers advised that:

1)    the only reason this application was before the Committee was because it was an application submitted by Havant Borough Council; and

2)    there had been no representations made by any of the nearby neighbouring properties.

The Committee discussed the application and the qualities proper illumination and resurfacing of the bowling green would offer in terms of recreation opportunities for residents.

It was RESOLVED that the Head of Planning be authorised to grant permission for Application APP/20/00712 subject to the following conditions: