Agenda and minutes

An apology for non attendance was received from Councillor Chegwyn.

All Members are required to disclose at this point in the meeting or as soon as possible thereafter, any disclosable pecuniary interest or personal interest in any item(s) being considered at this meeting.

There were none.

To sign the minutes of the meeting held on 6 December as a true and correct record.

The minutes of the meeting on 6^th December 2023 were signed as a true and correct record.

(NOTE: The Board is required to receive a deputation(s) on a matter which is before the meeting of the Board provided that notice of the intended deputation and its object shall have been received by the Borough Solicitor by 12 noon on Monday 12 February 2024.  The total time for deputations in favour and against a proposal shall not exceed 10 minutes).

Deputations were received on agenda items

7/1 – 22 Anglesey Road

7/2 – 117 Bridgemary Road

7/3 – Bay House School

7/4 – Bay House School

7/5 – 31 Crescent Road

(NOTE: The Board is required to allow a total of 15 minutes for questions from Members of the public on matters within the terms of reference of the Board provided that notice of such Question(s) shall have been submitted to the Borough Solicitor by 12 noon on 12 February 2024).

There were none.

To consider a proposal to designate ‘Trinity Green and Walpole Park’ as a Conservation Area, as set out in Appendix A.

To consider a proposal to designate the existing ‘Anglesey’ and ‘Alverstoke’ Conservation Areas as a single Conservation Area with the suggested amendments to boundaries, as set out in Appendix B

To consider a proposal to amend the boundary of the Priddy’s Hard Conservation Area, as set out in Appendix C

To consider the adoption of Conservation Area Appraisals and Management Plans for the ‘Gosport Lines’ Conservation Areas; the ‘Royal Clarence Yard’ Conservation Area; the ‘Priddy’s Hard’ Conservation Area and, the ‘Anglesey and Alverstoke’ Conservation Area, as set out in Appendix D.

Consideration was given to a report of the Principal Conservation and Design Officer detailing a proposal to designate ‘Trinity Green and Walpole Park’ as a Conservation Area, as set out in Appendix A.

Members congratulated officers on the work, and welcomed the proposals.

RESOLVED:

A.     That the Board agrees to formally designate ‘Trinity Green and Walpole Park’ as a Conservation Area, as set out in Appendix A.

B.  That the Board agrees to formally designate the existing ‘Anglesey’ and ‘Alverstoke’ Conservation Areas as one Conservation Area with the suggested amendments to boundaries, as set out in Appendix B.

C.  The Board agree to amend the boundary of the Priddy’s Hard Conservation Area, as set out in Appendix C.

D.That the Board resolve to adopt the Conservation Area Appraisals and Management Plans for the ‘Gosport Lines’ Conservation Areas; the ‘Royal Clarence Yard’ Conservation Area; the ‘Priddy’s Hard’ Conservation Area; and, the ‘Anglesey and Alverstoke’ Conservation Area to support Policy LP12 of the adopted Gosport Borough Local Plan 2011 to 2029 and as a material consideration when determining planning applications, as set out in Appendix D.

To consider reports of the Development Manager.

Consideration was given to a report of the Development Manager detailing the applications received.

23/00361/FULL - ERECTION OF OUTBUILDING TO REAR GARDEN FOR USE AS RESIDENTIAL ANNEXE (RETROSPECTIVE)

The Camber  22 Anglesey Road  Gosport  Hampshire  PO12 2EQ 

Members had undertaken a site visit to the property and viewed it from both the applicants side and from the neighboring garden.

Mr. Galloway was invited to address the Board. He advised that he did not intend to repeat what he had said previously, but he did want to advise that when he met the Development Manger previously he had advised that the height would be critical on a retrospective planning application. He also advised that he believed that the accurate height of the building would be measured but he had never seen the results.

He believed that the planning department had been evasive about the overall height of the building, advising subsequently that it was not possible to determine the height of the building which he found  ludicrousand suggested this was one thing the Development Management team could have and should have determined last May and at many points since. It was believed that the team did not want this height to be public as it would irrevocably undermine the recommendation for approval.

He believed that the proposal was 48cm above the permitted height of 2.5m. This was very specific perimeter stated in the planning portal and the Town and Country Planning Act, (General Permitted Development).

This Statutory Legislation states in Schedule 2, Part 1 what is, and what is not permitted for a class E building and specifically in section E.1 that:

Development is not permitted by class E if

e) the height of the building would exceed 2.5 metres in the case of a building within 2 metres of the boundary of the curtilage of the dwelling house,

h) it would include the constriction or provision of a verandah  balcony or raised platform.

On this subject the situation at the Regulatory Board meeting on the 6^th December 2023 became totally unrealistic when the Development Manager in response to a question about both the height and the proximity to the boundary stated that he would still recommend acceptance of the retrospective application for this building.

The neighbours both felt that the planning department was determined to fly In the face of Statutory Legislation, an Act of Parliament, making a complete mockery of the order in 2015.

Statute law also known as legislation, plays a crucial role in the UK legal system and is important because it provides a clear written framework for governing a society.

It would appear the Council is in danger of setting a disastrous precedent but allowing all in sundry to erect whatever building they want, on their property and then allow them to apply retrospectively in the hope that the Council will ignore the law of the land and grant acceptance, which cannot in any circumstances be considered to be a commendable way of governing society.  ...  view the full minutes text for item 46.

There were none.