Planning Committee minutes 8 January 2013

8 January 2013


Minutes of the meeting held in Ellingham Church Hall on Tuesday 8 January 2013.

Cllr Spark – Chairman
Cllr Errington
Cllr Burtenshaw
Cllr Shand
Cllr Stokes
Cllr Webster
Cllr Richardson

In attendance
Natasha Mackenzie – clerk

Members of the public (2)

1. Apologies
Apologies were received by the Clerk from Cllr Lane, who was representing the Parish Council at a meeting re: Localisation of Council Tax.

2. Disclosures of interest
Cllr Burtenshaw declared a pecuniary interest in NPA 12/97932 Avon Valley Nurseries and completed the relevant form. She will sit in the public seating area as the applicant’s agent and not vote.

Cllrs Webster, Stokes and Errington declared non-pecuniary interests in NPA 12/97932 Avon Valley Nurseries. They can remain to speak and vote as normal.

3. Minutes of the last meeting (11 December 2012)
Cllr Errington requested an amendment to the wording of minute reference 12/205P, advising it should refer to ‘drainage works’ not ‘ditch’ and that NPA Enforcement are aware of this. Clerk to amend.

With the above amendment, the minutes of the last Planning Committee meeting on 11 December 2012 were approved and signed as correct. Proposed by Cllr Stokes, seconded by Cllr Richardson. All in favour (7).

4. Matters arising.

12/29P – Ellingham Quarry HCC & NFDC 11/98107. Clerk spoke with Fay Eames; HCC are negotiating a deed of variation for s.106 with Tarmac. Fay will email clerk when final decision issued.

12/95P – TPOs within parish. Two sets of plans for TPO 1094. The tree team have advised Clerk both TPOs have been incorrectly issued with same number, and they will be reviewed in due course when resources are available.

12/113P – Projector & Screen at Ellingham Church Hall. Cllr Errington is liaising with Terry Mason, and will request for it to be on the agenda in due course.

12/175P Adlams Plantation. Clerk has sent request for this wood to be TPO’d. Liz Beckett advised she has liaised with Rosemary Box and this wood is within a s.106 stating the wood needs to be managed for a period of 80 years by systematic thinning and removal of Turkey oaks. When it is finalised, Liz will review the s.106 and advise the clerk her opinion.

The proposal for works to maintain the dragon’s teeth and barriers in the Moyles Court ford area was discussed, and all agreed the works need not be delayed pending the Newlands request to move their gate access, as it is imperative the SSSI verges be protected. Cllr Errington is in the process of preparing a detailed map of 4,000 sq.m of verges in this area for the proposed works for Natural England to continue with the project.

5. Public Forum – none.

6. Development control and TPO applications.

Cllr Burtenshaw had declared a pecuniary interest in this application as she is acting as the applicant’s agent. She moved to the public seating area to be able to speak in her capacity as agent.

NPA 12/97932 Avon Valley Nurseries, South Gorley, Fordingbridge – retention & continued occupation of mobile home; continued use of miniature railway & tearooms. Cllr Errington explained the location and detailed some of the long and complicated history of the site and its planning history going back to 1970s. The applicant, Mr Dinnivan, has worked at the Nurseries since 1990, and in 1995 he moved into a mobile home and applied for planning permission for the mobile home. He was, and is still paying council tax to the relevant authority. It was not clear to Mr Dinnivan that formal permission for the mobile home had not been granted. In 2000 the land owner Mr Kinnison retired and some of the land was bought by Mr Dinnivan.

Once the NPA had been formed and taken responsibility for the area, in 2006 Mr Dinnivan applied for planning for a permanent dwelling which was refused by the NPA and an enforcement notice was issued against the mobile home. The reason for the refusal was the NPA felt an agricultural need for an on-site dwelling had not been demonstrated. This application includes a full business plan to evidence why there is a need for someone to live, and be available, on-site twenty four hours a day at the Nurseries to help maintain the business and look after the plants and crops. Mr Dinnivan has worked at the site for 23 years and his wish is to develop the business further by investing in it. Presently the enforcement notice hanging over him and his family, and he would like to formalise the permission for the mobile home in order to boost his confidence in investing in the business further.

The Planning Officer’s briefing note was read out to the committee, to enable understanding of what policies this application is being assessed against. Due to technology issues, Cllr Errington invited Miss Burtenshaw (agent) to outline the crucial points of the business plan. Miss Burtenshaw highlighted the reasons for the need to have someone on site at all times, such as operating temperature and humidity controls and sprinkler systems, crop spraying and protection from cattle deer and horses, deterrent to vandals, and for glass security.

She explained the mobile home needs replacing and updating, and ideally it should be moved outside of the flood risk area, however at this time the application is purely to obtain official approval for the mobile home in its current location.

There was some discussion in relation to the raised beds for ‘pick your own’ fruits, which are a positive asset to the Nurseries and the fact that the business had been running for well over 20 years with considerable success producing flowers as well as fruit.

Miss Burtenshaw left the room whilst the Committee discussed and voted on this application.

Cllr Stokes proposed to recommend permission under option 3 for the following reasons:-

• The Parish Council recommended approval for a separate permanent residence at Avon Valley Nurseries under application 07/91444. The PC continues its support for the need for a permanent on-site presence, but recognises that a business case should also be demonstrated as its necessity and to the viability of the agricultural operations carried on there.

• Avon Valley Nurseries is a popular local Pick-Your-Own facility, and the PC would like Mr Dinnivan to have the opportunity to prove the success of this nursery, which contributes to the diversity of businesses and land-use in the parish. The agricultural site has operated as a nursery for some 30 years, while Mr Dinnivan has worked there or been part owner for over 20 years. In that time it has not caused any adverse impact on neighbours or the surrounding area.

• The Parish Council are of the opinion that the criteria for a permanent dwelling as set out in Policy DP13 have been satisfied due to the number and variety of Nursery operations required as laid out on pages 5 – 6 of the Report and Business Plan Proposal, and that Mr Dinnivan should be afforded the opportunity to demonstrate the viability of the business as proscribed in Annexe A of PPS7.

Seconded by Cllr Webster, all in favour (6).

Cllr Burtenshaw returned to the room and sat with the Planning Committee at 8.23pm.

NPA TPO/12/0631 Broomy, Gorley Road, Rockford – oak; various works. Cllr Richardson explained the location and detailed the application is to carry out a crown lift on the tree, removing some deadwood and crossed branches, to tidy up the tree. The applicant was present and he advised this is the first works they have requested on the tree in the 16 years they have lived at the property, and he clarified he would not remove any large limbs, even if they fall within the 2m clearance of the building specified on the application form. For information only, Cllr Errington advised the application form was slightly incorrect, and the tree is situated in a conservation area.

Cllr Richardson proposed to raise no objections as long as no large limbs were removed, seconded by Cllr Stokes, all in favour (7).

NFDC 12/99471 Hucklesbrook Cottage, Ringwood Road, South Gorley – single storey rear extension; front porch; detached garage; replacement shed. Cllr Spark explained the location and showed the proposed works on an aerial photo of the property. He referred the members to the previous application (12/98955) where the Planning Committee felt the sizing and massing of the garage was out of character with the house and would not be subservient to the main dwelling, but were happy with the proposed works to the house. He confirmed that on this application, the garage has been significantly reduced in height by approx. 1.5m and will not have dormer windows. The works to the house remain the same as application 12/98955. It was clarified that the nearest footpath is much further south than the southern boundary of this property.
Cllr Spark proposed to recommend permission under option 3 for the following reasons:-

• The size and massing of the garage has been reduced to make it subservient to the main property, as per the Parish Council’s requirements on the previous planning application.
• That the garage only be for incidental use.

Seconded by Cllr Webster, all in favour (7).

NPA 12/98009 Horseshoe Cottage, Gorley Road, Rockford – attached carport. Cllr Richardson explained the location and showed on the photos that the proposal is for a wooden carport which will sit in front of the existing garage, measuring approx. 2.4m long. It was discussed and noted that the existing garage is only slightly recessed to the main dwelling, so the proposed carport would be highly visible from both sides (the north and south views) by being forward of the building line. It was felt by the members that the proposed carport would have a harmful effect on the balance and visual impact of the dwelling, which was originally the WI hall. The Planning Officer’s briefing note was referred to where concerns were noted on the visual impact and character, as well as the property has previously been extended and has used up it 30% allowance under the Core Strategy policy.

Cllr Spark proposed to recommend refusal under option 4 for the following reasons:-

• The proposed carport is unbalanced and will upset the symmetry of the property.
• The proposed carport would be forward of the building line, which would have a detrimental effect on the character of the dwelling.
• It is contrary to the Core Strategy policy, as the 30% allowance has already been used.

Seconded by Cllr Shand, all in favour (7).

Additionally, when looking at the photos, it was noted that a new wall has recently been built at this property, it has been changed from a picket, and has also been built forward of the existing boundary and is consequently closer to the road. The parish council also have concerns over the non-permeable surface recently laid on the drive (which is likely to result is rainwater being flushed straight onto the road in adverse weather conditions, contributing to an existing flooding problem). Clerk is to raise these concerns with NPA Enforcement.

NPA 12/97831 Edgemoor Farm, Toms Lane, Linwood – retention of mobile home. Cllr Burtenshaw assessed this application as Cllr Lane was unable to attend this meeting. Cllr Burtenshaw explained the location and advised planning permission was applied for a commoners dwelling and temporary siting of a caravan in 2003 (03/79004) however the permission was not granted until 2010. Condition 7 of the permission detailed the stationing of the residential caravan on the site should cease either by 31 December 2011, or by the date of when the dwelling is first occupied.

Cllr Burtenshaw advised the commoners dwelling is still under construction, with the roof and walls complete, but there are no windows or internal finishings at present. When questioned, the applicant indicated he anticipates the work will take a further year.

Generally the Committee felt reluctant to recommend a permission as it was thought that, despite the various delays in the paperwork, a period of 2 years from the grant of planning consent should have been sufficient to complete the dwelling. However, Cllr Burtenshaw proposed to recommend permission under option 1, with delegated powers to the NPA, with the following conditions and reasons:-
• The Parish Council would like all the original conditions of the consent for 03/79004 retained on this consent, with condition 7 being updated so the stationing of the residential caravan on the site should cease either by 31 December 2013, or by the date of when the dwelling is first occupied.
• The Parish Council wish to see the mobile home removed from site on compliance with any extended condition.
• The Parish Council believe allowing almost a full year for the work to be completed is reasonable from the construction stage the dwelling is currently at, and any further extensions to the stationing of a mobile home will not be viewed favourably.

Seconded by Cllr Spark. 5 in favour, 2 against. Motion carried.

7. Decisions received from NFDC & NPA (circulated prior to agenda approved):
NPA 12/97856 Birchlands, South Gorley – granted stc
NPA 12/97908 Merrihill, Highwood – granted stc
NPA 12/98028/LDCP Eastfield, New Road, Mockbeggar – approval without conditions
NPA 12/97941 Former Little Chef site – refused

8. Appeals (circulated prior to agenda approved):
NFDC 12/98884 The Old Rectory, Mockbeggar Lane – detached garage – allowed on appeal
NPA 12/97228 Picket View House, Linford Road, Shobley – stables building – dismissed on appeal

9. Cllr Burtenshaw’s report on meeting with Newlands Farm re: proposed dragon’s teeth on Mockbeggar Lane East and Moyles Court (to be circulated before meeting).
This agenda item was carried over from 11 December 2012 as Cllr Burtenshaw was unable to attend that meeting. An informal chat had taken place among some of the Councillors since the last meeting in relation to Cllr Burtenshaw’s report and Mr Smith’s proposals. The general consensus was that to date Mr Smith has not worked with the Parish Council to try and regularise the outstanding planning issues, and until such a time this happens, the Parish Council will not agree to exchange the gate accesses to the farm opposite the Moyles Court School.

Cllr Spark proposed to suspend Standing Orders at 9.30pm. seconded by Cllr Webster, all in favour (7).

The Planning Committee agreed the focus at present should be to protect the SSSI verges, as per the agreement with Natural England. Cllr Errington is to continue his work on the plan of the Moyles Court dragon’s teeth proposals and Mockbeggar Lane East will be reviewed and work continued.

10. Budget 2013/14 – update and proposal for precept request
The working group for setting the budget for 2013/14 met on 7 January (Cllr Burtenshaw, Lane and the Clerk – Cllr Spark was unable to attend) and this will be deferred to the agenda for 22 January 2013.

11. Correspondence
The Clerk had circulated details of an enforcement notice which has been served on the property Middle Earth, Linwood in relation to the erection of a stable block.

12. Other Business – none.

Meeting closed at 9.39pm.

The next Planning Committee meeting will be held on
Tuesday 12th February 2013 at 7.30pm in Ellingham Church Hall.