- 1 - PDC919 PDC919 FOR INFORMATION GENERAL PLANNING DEVELOPMENT CONTROL COMMITTEE 12 January 2012 PLANNING APPEALS – SUMMARY OF DECISIONS (July – December 2010) REPORT OF THE HEAD OF PLANNING MANAGEMENT Contact Officer: Julie Pinnock contact 01962 848 439 [email protected] RECENT REFERENCES: PDC862 – Planning Appeals – Summary of Decisions – 29 July 2010 EXECUTIVE SUMMARY: This report sets out a summary of appeal decisions received during the periods: • 1 April 2010 – 30 June 2010 (Appendix A) • 1 July 2010 – 30 September 2010 (Appendix B) • 1 October 2010 – 31 December 2010 (Appendix C) Copies of each appeal decision are available on the Council’s website. In summary, the decisions for the period 1 April 2010 – 30 June 2010 provides details on 15 appeals in total. Of these there were: • 1 split decision (part allowed/part refused) • 8 allowed • 6 dismissed In summary, the decisions for the period 1 July – 30 September 2010 provides details on 30 appeals in total. Of these there were: • 1 split decision (part allowed/part refused) • 5 allowed • 24 dismissed In summary, the decisions for the period 1 October – 31 December 2010 provides - 2 - PDC919 details on 22 appeals in total. Of these there were: • 1 withdrawn • 9 allowed • 12 dismissed It is anticipated that there will be a further report bringing the Committee up-to-date on the Appeal decisions from 2011. RECOMMENDATION: That the Report be noted. Appendix A - 3 - PDC919 PLANNING DEVELOPMENT CONTROL COMMITTEE PLANNING APPEALS – SUMMARY OF DECISIONS REPORT FROM HEAD OF DEVELOPMENT MANAGEMENT A summary of appeal decisions received during the period 1st April 2010 – th 30 June 2010 Item No: 1 Date of Inspector’s 4th May Inspector’s Appeal Part Allowed/Part Decision: 2010 Decision: Dismissed Appeal Procedure W Costs: WCC Costs Dismissed (see code below): W – Written representation; I – Informal hearing; P – Public Inquiry; H - Householder Case No: 09/00903/AVC Ref No: W Case Officer: Beverley Morris Original Decision Type: Delegated Decision (Planning Applications ONLY) Was Decision Overturned at No Committee? Proposal: Installation of 3 no. internally illuminated wall mounted signs Location: The Chimneys 1 Burnett Close Winchester Hampshire Summary of Inspector’s Decision The inspector considered, having regard to the comments of the previous Inspector, that the site is situated within a transition zone, between the local centre and the residential area to the North and that any signage on the store should respect this location. The inspector considered that signs one and two would materially detract from the character and appearance of the area, given its transitional location and given their height above ground level and method of illumination. The inspector considered that they would be unduly dominant and obtrusive features within this part of the local centre. With regard to sign three however, the inspector considered that although this sign would also be internally illuminated, as a result of its limited size and relatively discreet sighting, it would be in keeping with this part of the local centre and would not result in material harm to visual amenity. Appendix A - 4 - PDC919 Item No: 2 Date of Inspector’s 21st April Inspector’s Appeal Allowed Decision: 2010 Decision: Appeal Procedure W Costs: No Application for Costs (see code below): W – Written representation; I – Informal hearing; P – Public Inquiry; H - Householder Case No: 08/02622/FUL Ref No: W Case Officer: Mr Nick Fisher Original Decision Type: Committee Decision (Planning Applications ONLY) Was Decision Overturned at No Committee? Proposal: Retention of existing motocross track including associated works to adapt the landform for such use and use for purposes of occasional elite motocross events Location: Matterley Basin Alresford Road Ovington Hampshire Item No: 3 Date of Inspector’s 24th May Inspector’s Appeal Dismissed Decision: 2010 Decision: Appeal Procedure P Costs: No Application for Costs (see code below): W – Written representation; I – Informal hearing; P – Public Inquiry; H - Householder Case No: 09/01305/FUL Ref No: W Case Officer: Nick Parker Original Decision Type: Delegated Decision (Planning Applications ONLY) Was Decision Overturned at No Committee? Proposal: Erection of 80 dwellings together with new vehicular access (including changes to Green Lane/Southwick Road junction) and pedestrian linkages, landscaping, public open space provision and parking on land at Little Frenchies Field Location: Little Frenchies Field Hambledon Road Denmead Hampshire Appendix A - 5 - PDC919 Summary of Inspector’s Decision The Inspector concluded that the release of the site for housing would be consistent with the objectives of PPS 3 and with the thrust of development plan policies and therefore its release for housing is justified. In terms of character the Inspector concluded that the detailed layout submitted demonstrates that the size, layout and location of the cental green space/play space and the impact this would have on the verdant character of the development and surrounding area, would have a significant detrimental effect on the character and appearance of Denmead contrary to policy DP.3 (ii) of the LP. In terms of open space the Inspector concluded the scheme provides insufficient on-site play space contrary to policy RT.4 of the Local Plan. The Inspector concluded that the development would have an acceptable impact on the highway network subject to the highway improvements and that the site is located within reasonable distance of services and facilities that could be reached by non-car modes of travel. The Inspector concluded that the development would not add to the risk of flooding in Southwick Road subject to conditions securing the implementation and maintenance of a surface water attenuation scheme that would restrict discharges from the site. The Inspector agreed with the Local Education Authority (LEA) that sufficient capacity to accommodate children from families occupying the proposed development, once built, would be available within the Denmead schools. The Inspector accepts the S106 legal agreement to secure affordable housing, highway improvements and contributions towards transport network improvements and off-site sports and play provision. The Inspector disagrees that the provision of additional informal open space is required in this instance. Item No: 4 Date of Inspector’s 24th May Inspector’s Appeal Allowed Decision: 2010 Decision: Appeal Procedure Costs: No Application for Costs (see code below): W – Written representation; I – Informal hearing; P – Public Inquiry; H - Householder Case No: 09/00289/OUT Ref No: W Case Officer: Original Decision Type: Delegated Decision (Planning Applications ONLY) Was Decision Overturned at No Committee? Proposal: Outline application for the erection of 80 dwellings with new vehicular access including changes to Green Lane/Southwick Road junction and pedestrian linkages, landscaping, public open space provision and parking. Location: Little Frenchies Field Appendix A - 6 - PDC919 Hambledon Road Denmead Hampshire Summary of Inspector’s Decision The Inspector concluded that the release of the site for housing would be consistent with the objectives of PPS 3 and with the thrust of development plan policies and therefore its release for housing is justified. In terms of character the Inspector concluded that the illustrative layout submitted demonstrates that green spaces and soft landscaping, sufficient to preserve the character and appearance of Denmead, could be provided on the site at the proposed density and therefore accords with policy DP.3 (ii) of the Local Plan. In terms of open space the Inspector concluded the scheme provides sufficient on-site play space in accordance with policies RT.4 and DP.3 (vii) of the Local Plan. The Inspector also concluded that the development would have an acceptable impact on the highway network subject to the highway improvements and that the site is located within reasonable distance of services and facilities that could be reached by non-car modes of travel. The Inspector concluded that the development would not add to the risk of flooding in Southwick Road subject to conditions securing the implementation and maintenance of a surface water attenuation scheme that would restrict discharges from the site. The Inspector agreed with the Local Education Authority (LEA) that sufficient capacity to accommodate children from families occupying the proposed development, once built, would be available within the Denmead schools. In terms of residential amenity the Inspector is satisfied that a layout can be achieved that would protect the privacy of adjacent residents in accordance with policy DP.3 (vii) of the Local Plan. The Inspector accepts the S106 legal agreement to secure affordable housing, highway improvements and contributions towards transport network improvements and off-site sports and play provision. The Inspector disagrees that the provision of additional informal open space is required in this instance. Item No: 5 Date of Inspector’s 11th May Inspector’s Appeal Dismissed Decision: 2010 Decision: Appeal Procedure W Costs: No Application for Costs (see code below): W – Written representation; I – Informal hearing; P – Public Inquiry; H - Householder Case No: 09/01875/FUL Ref No: W Case Officer: Mrs Jane Rarok Original Decision Type: Delegated Decision (Planning Applications ONLY) Was Decision Overturned at No Committee? Appendix A - 7 - PDC919 Proposal: Revisions to elevations