Agenda item

Item 14: (Revised Highway Report received 09.06.2020) Change of use of existing highway verge to ancillary amenity land for Mountview, Church Lane, Sparsholt. 

Mountview, Church Lane, Sparsholt, SO21 2NH

Case number: 20/00771/FUL

During the consideration of this item, the Chair experienced technical difficulties for a short part of the virtual meeting. However, as officers then repeated the missed dialogue, Councillor Evans considered that she had received the necessary information to continue in the determination of the application and voted thereon. The Vice Chair was appointed as Chair for the remainder of the consideration of this item.

During public participation, Fred Blakemore and Councillor John Little (Sparsholt Parish Council) spoke in objection to the application and Nick Culhane (agent) spoke in support of the application and all answered Members’ questions thereon.

During public participation, Councillor Horrill spoke on this item as Ward Member.

In summary, Councillor Horrill stated that she was speaking in objection to this application due to land being highway land; a grass verge that had been cultivated for the past 25 years that she had resided in the village. She stated that the applicant understood, via a solicitor’s letter, that to maintain the land they should apply for a cultivation licence but to her knowledge this had never occurred.

Councillor Horrill made reference to the triangles at either end of Home Lane which were included within the Sparsholt Village Design Statement (VDS) and conservation area appraisal, which recognised this lane as significant as it abuts the triangle at the top of Home Lane, contributed to the overall character of the area and offered regularly used public amenity space for pedestrians. She stated that advice had been sought from the Department of Transport (DoT) regarding the change of use of this land and made reference to their response received.

Councillor Horrill queried what gain there was from making a change to the existing use and why the asset management team at Hampshire County Council had not been consulted.  In addition, Councillor Horrill queried the applicant’s motives for submitting this proposal and expressed concern about supporting an application that potentially allowed for future changes to land in the heart of the conservation area.

In conclusion, Councillor Horrill urged the committee to refuse the application which she considered was contrary to the Sparsholt Village Design Statement and the conservation area appraisal by eroding the character of an important area in the village and would result in the land no longer being public amenity land.

For clarification, the Public Law Manager reminded the committee that land ownership and extinguishment of highway rights were not a material planning consideration and that there was a separate process to be followed in respect of the highway rights which accorded with the advice given by the DoT, as referred to within Councillor Horrill’s representation. However, this did not prevent the planning application from being considered.

At the conclusion of debate, the committee voted to refuse permission for the following reason: The change of use fails to respect the qualities, features and characteristics that contribute to the distinctiveness of this part of the Sparsholt conservation area. The loss of this highway land results in harm to the public benefit and therefore contrary to policies DM15, DM16, DM27 (conservation area), the Sparsholt Village Design Statement and the conservation area appraisal.

RESOLVED:

That the decisions taken on the Planning Applications in relation to those applications outside the area of the South Downs National Park be agreed as set out in the decision relating to each item, subject to the following:

                        (i)         That in respect of item 8 (13 Hack Drive, Colden                                  Common: Case number:  20/01388/HOU) permission be refused                        for the following reasons: the proposed outbuilding by virtue of              its size, design and prominent location in an open site would                         result in an incongruous form of development which would be                       out of keeping with and detrimental to the character and                            appearance of the surrounding area; contrary to policies DM15,               DM16 and the Colden Common Village Design Statement.

(ii)        That in respect of item 9 (Land to the Rear of Jubilee Cottage, Winchester Road Waltham Chase: Case number: 20/00902/FUL) permission be granted  for the reasons and subject to the conditions and informatives set out in the Report, subject to the following additional conditions: that the layby should not be used for parking; an amendment to remove reference to HBD203 LSP from conditions 2 and 13; and an amendment to condition 13 to link it to condition 12 in respect of the size of trees to be planted.

(iii)       That in respect of item 14 (Mountview, Church Lane, Sparsholt: Case number: 20/00771/FUL) permission be refused for the following reasons: The change of use fails to respect the qualities, features and characteristics that contribute to the distinctiveness of this part of the Sparsholt conservation area. The loss of this highway land results in harm to the public benefit and is therefore contrary to policies DM15, DM16, DM27 (conservation area), the Sparsholt Village Design Statement and the conservation area appraisal.