Agenda item

Councillor Steve Hastings took the chair for this item following Councillor Gray's earlier declaration of interest.

It was reported in the Assistant Director of Culture and City Developments supplementary matters list that notwithstanding the submission of a report outlining the results of survey work to establish whether the existing building has a roost, or roosts, for bats, in response to a concern from the occupier of the adjoining property a further survey was undertaken and the results were forwarded to the Council's ecologist for assessment. His comments were attached to the supplementary matters list. It is concluded that even if the building did support small numbers of pipistrelle bats, and if the measures set out in the report to address this were to form the basis of an application for a European protected species mitigation licence from Natural England (NE), then it is considered that the development would be likely to be granted a licence, and would appear to be able to be accommodated under the low-impact class licence. It is therefore recommended that the following condition be attached should permission be granted:

Development shall proceed in accordance with the recommendations set out in the Additional Bat Detector Survey Work & Report - Redevelopment of Myfanwy House, 14-16 Magdala Road, Portsmouth, PO6 2QG for the Abbeyfield Solent Society Ltd (FOA Ecology, letter report dated 5^th August 2015) regarding pre-commencement bat survey work and subsequent working methods and integration of new bat roost features.

Reason: To protect biodiversity in accordance with Policy PCS13 of the Portsmouth Plan.

A deputation was heard from Mr Potter, representing himself and the Hunt family of No.18 Magdala Road who included the following points in his representations:

·         The development will result in a compromise in privacy.

·         Proposed building is substantially larger than current one.

·         There are few windows and a fire-escape currently facing No.18.

·         There is a greater mass coming towards No.18.

·         New development will require additional staff.

·         Sewer system won't be able to take any more developments.

·         Much of Cosham's architecture has been vandalised over the last decade.

·         Cosham's heritage is being taken away and has very little Edwardian/Victorian architecture left.

·         The ambience of Cosham will be affected.

·         Strongly object to the findings of the bat survey. Feel it is flawed.

·         I see bats in numbers every night and would invite anyone to view at dusk and dawn to see what I see.

·         It may be seen as impartial but I do not believe it to be.

·         The Planning Committee needs to re-address the bat survey.

·         No.14 was gifted to the Abbeyfield Society. It needs to continue in its current form to provide facilities for elderly persons.

·         Would ask that there is a covenant to restrict the change of use to residential.

Deputations were also heard from Mr Mitchell (the applicant) and Mr Knight (the applicant's agent) who included the following points in their representations:

·         The development will provide supported sheltered housing for 7-11 residents in individual units.

·         This is not a care or nursing home but a residential home for older persons who do not want to live alone.

·         We need to update the facilities to meet the growing aspirations of our residents.

·         Have six properties in this area and each has a house keeper/manager.

·         We are able to record a high occupancy rate and a healthy waiting list.

·         Except for one other, all our properties will need updating over the next ten years.

·         This is private accommodation, providing three meals a day, warmth and comfort whilst living independently in a friendly and supported atmosphere.

·         Myfanwy House will be a welcome addition to the street scene.

·         Car parking is provided for the manager. Residents do not own a vehicle only a mobility scooter.

·         No resident is under the age of 60.

·         Had considerable pre-application negotiations and discussions with the council.

·         Have reduced the bulk and mass of the building.

·         Any windows overlooking residential properties will be fixed and obscure glazed.

·         Roof design and window proportion are all in keeping with Cosham.

·         There are no recorded bats present or any that have been seen.

A deputation was also heard from Cosham ward Councillor Aiden Gray who included the following points in his representations:

·         Have been working very closely with residents who feel that that there was not sufficient consultation taken particularly in relation to the size and footprint of the building.

·         This is a fantastic architectural and stunning building.

·         There will be a loss of light and amenity to No.18.

·         The proposal is overbearing and the building is too big for this area.

·         The carcass of the building could be re-used and made fit for modern purpose.

·         With regards to the bats, I have seen a number of bats in the evenings and would ask the committee to defer for a re-assessment.

·         This development will have an impact on an already over stretched sewer system.

·         The development will have more residents who may not have their own cars but they will have visitors.

·         The area deserves better.

Councillor Gray left the room after giving his deputation.

The senior ecologist from Hampshire County Council further explained the process and guidance used when undertaking a bat survey.

Members' questions

Members sought clarification as to whether permission would be needed to demolish the building and asked why it wasn't a listed building. Permission was not needed prior to demolition and members were informed that buildings are valued in their surrounding landscape. The conclusion for this building is that it is not listed and there is no reason why demolition cannot occur.

Members asked whether there are bats or not. In response members were advised that based on the likelihood that there will be a breach of the regulations, it is unlikely. There is no evidence to say that the bat came from the building and nothing to say that the bat won't go there to roost. We are suggesting pre-demolition checks just to ascertain whether a bat has started to roost. Work must stop if evidence of bats is found.

Members also questioned what consultation if any had taken place with residents and whether the council officers had seen the covenant. Members were advised that the issue of whether there is a covenant present or not was not a planning matter. There is no requirement for developers to involve the community but it is good practice for any developer to speak and engage with neighbours and residents.

Members raised the issue of car parking and whether a condition could be added, were permission to be granted, restricting the age of the residents occupying the development. 

Members' comments

Members on the whole did not want to see the current beautiful building demolished and encouraged the re-use of the current building. Members felt that the new proposal was overbearing and not in keeping with the character of the area and street-scene.

RESOLVED that planning permission be refused for the following reason:

The proposed building would, by virtue of its increased scale and footprint, result in a reduction in the sense of openness on a prominent corner plot and would thereby by out-of-keeping with the area and would have an overbearing impact in relation to the street scene. The proposal would therefore be contrary to the objectives of policy PCS23 of the Portsmouth Plan.