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Regulatory Board - Wednesday, 10th September, 2025 6.00 pm

September 10, 2025 View on council website

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Summary

The Regulatory Board of Gosport Borough Council met on 10 September 2025, and approved modifications to a Section 106 agreement relating to Fort Gilkicker, and also approved, with conditions, an application to build nine homes on Clayhall Road. Councillors also approved a listed building application and a related full planning application for alterations to the Rum Store in the Royal Clarence Yard, and voted to refuse an application to convert a garage into a self-contained dwelling on Chester Crescent. The board also agreed to put forward proposed amendments to the Taxi and Private Hire Licensing Policy for consultation.

Taxi and Private Hire Licensing Policy

The board considered proposed updates to the Taxi and Private Hire Licensing requirements, as detailed in the report, Proposed Amendments to the Taxi and Private Hire Licensing Policy. These followed a review by the Licensing Team, prompted by updated guidance, case law, and best practice. The board agreed to put the proposed amendments out for consultation with the trade and public. They also agreed to delegate authority to the Head of Environmental Health to make minor amendments to the policy after the consultation, without needing to consult the sub-board, as long as no substantive changes are required.

The proposed changes include:

  • Changing the name of the handbook to a policy The document issued to applicants, licence holders, and published on the council's website will be called the Taxi and Private Hire Licensing Policy, rather than the Taxi and Private Hire Handbook.
  • Knowledge test The knowledge test is now supplied by Safe4Transport.
  • Vehicle emissions The policy has been updated to remove the requirement for vehicles to be five years old or less at the time of application. Instead, vehicle eligibility is now based on emissions standards to better align with environmental objectives. Diesel vehicles, including diesel hybrids, must meet Euro 6 standards. Petrol and petrol hybrid vehicles must meet at least Euro 5 standards. Electric vehicles are exempt from age or emissions restrictions.
  • Process for vehicle and plate transfers to new owner The updated policy clarifies the procedure for transfers in respect of licensed vehicles. It confirms that once a vehicle is licensed, the plate must remain with the vehicle unless it is surrendered to the council.
  • Removal of plate transfer The updated policy removes the process for vehicle plates to be transferred between vehicles.
  • Operator review The Licensing Team will only approve plate exemptions in extenuating circumstances, with licensees who can prove they carry out executive work.
  • Removal of penalty points system The penalty points system has been removed in favour of a simplified complaints procedure.
  • Complaints procedure Clear guidance has been produced on how complaints will be dealt with.
  • Notification timelines Timelines have been updated to ensure this information is clear and concise for all applicants and licence holders.
  • Safeguarding Refresher Training for Existing Drivers All applicants undergo safeguarding training, and the council now wishes to mandate refresher training on safeguarding, disability awareness and council policies. Licence holders will have three months from their renewal date to book, attend and pass the training. Failure to do so will result in the licence holder being referred to the Licensing Sub-Board.

Fort Gilkicker Section 106 Agreement

The board discussed a request to modify the Section 106 agreement1 for the development at Fort Gilkicker. The request, submitted under S106A(1)(a) of the Town and Country Planning Act 1990, sought to remove clauses relating to financial contributions for affordable housing and open space provision from agreements dated 4 December 2013 and 23 November 2016, associated with planning permissions 13/00312/EXT and 16/00444/VOC.

The report noted that while the clauses still served a planning purpose, a viability appraisal from the applicant, Chapman Lily Planning Ltd, concluded that on-site provision of affordable housing, a contribution in lieu, and an open space contribution would not be viable. The council's specialist consultant reviewed the appraisal and agreed that the assumptions and costs were reasonable, particularly given the costs associated with converting a historic asset.

To address potential future changes in circumstances, the board agreed to add a late viability review clause to the amended Section 106 agreement. This clause would require the developer to provide a further viability assessment if the development is not substantially complete within five years from the date of this Regulatory Board. The board then agreed to grant delegated authority to the Borough Solicitor, in consultation with the Development Manager, to remove the financial contribution requirement, subject to the inclusion of the late stage viability review clause.

Clayhall Road Development

The board approved planning permission for the construction of nine dwellinghouses at 82-84 Clayhall Road, following demolition of existing buildings. The application, submitted by Mr Tom Howell of TSN Homes Ltd, was subject to conditions and addressed concerns raised during consultation.

The development will consist of a terrace of four dwellings fronting Clayhall Road, two pairs of semi-detached dwellings accessed via a service road, and a detached dwelling fronting Waterloo Road.

Key issues addressed in the report included:

  • Principle: The site, previously used for light industrial purposes, is located within the Urban Area Boundary where residential development is acceptable. The proposal aligns with the National Planning Policy Framework (NPPF) and the Gosport Borough Local Plan 2011-2029 (GBLP).
  • Design: The proposed dwellings are of a high standard of design and layout, making a positive contribution to the visual character of the area, in accordance with Policy LP10 of the GBLP and the Design SPD2.
  • Living Conditions: Each dwelling meets Nationally Described Space Standards and provides a good standard of living environment for future occupiers, without significant adverse impacts on neighbouring amenity.
  • Highways & Parking: The revised access position is acceptable to the Highway Authority, and the development provides suitable access, parking, bin and bicycle storage facilities, complying with Policies LP23 and LP41 of the GBLP.
  • Flood Risk: The site is located within Flood Zone 1, but a Flood Risk Assessment and Drainage Strategy (FRA) demonstrated that the risk of flooding can be managed, and the development complies with Policy LP45 of the GBLP and the aims and objectives of the NPPF.
  • Ecology & Biodiversity: The development will achieve a biodiversity net gain, and the proposal complies with both the requirements of BNG3 and Policy LP41 of the GBLP. The development will also include swift bricks and integrated bat features.

The board agreed with the recommendation to grant permission, subject to conditions, including securing mitigation in respect of recreational disturbance as set out within the council's HRA Appropriate Assessment.

Rum Store, Royal Clarence Yard

The board approved a full planning application and a listed building application for alterations to the Rum Store at Royal Clarence Yard. The applications, submitted by Mr Ben Mason of UK Docks, proposed various internal and external alterations to the Grade II listed building, including reconstruction of the second storey, changes to fenestration, installation of solar panels, and provision of a rooftop bar.

Key considerations included:

  • Principle: The proposals to bring the long-term vacant historic building back into use are acceptable in principle and supported by Policies LP3 and LP4 of the GBLP and the Gosport Waterfront and Town Centre SPD.
  • Design and Heritage: The proposal to rebuild the second storey, including the central pediment, would restore the scale and architectural quality previously lost. The rooftop bar has been designed to be visually more recessive, and the proposals would adapt the building for modern commercial use while retaining its historic significance, in accordance with Policies LP10, LP11 and LP12 of the GBLP.
  • Residential Amenity: Subject to conditions, the proposals would not have a detrimental impact on the amenities of the occupiers of adjoining properties, in accordance with Policy LP10 and LP46 of the GBLP.
  • Transport and Parking: Subject to additional clarification by the Local Highway Authority, the proposals are acceptable in highway terms and in accordance with Policy LP23 of the GBLP and the objectives of the Parking SPD.
  • Biodiversity: Subject to conditions, the proposals would be in accordance with Policy LP42 and LP44 of the GBLP.
  • Flood Risk and Drainage: Subject to conditions relating to the resilience measures, and evacuation, the proposals are in accordance with Policy LP45 of the GBLP.

The board agreed with the recommendation to grant both planning permission and listed building consent, subject to conditions.

Chester Crescent Garage Conversion

The board refused planning permission for the conversion of a detached garage to a one-bedroom self-contained dwelling at 20 Chester Crescent.

The reasons for refusal were:

  1. The proposal would, by reason of its unduly prominent siting within the existing front garden of 20 Chester Crescent, be at odds with the established pattern of residential development in the locality and appear as an incongruous and discordant development, detrimental to the character of the area and contrary to the principles of good design as set out in the National Planning Policy Framework, Policy LP10 of the Gosport Borough Local Plan 2011-2029 and the adopted Design SPD.
  2. The proposed dwelling would, by reason of its location adjacent to the retained access and driveway for the retained dwelling create an unacceptable living environment for future occupiers contrary to the National Planning Policy Framework, Policy LP10 of the Gosport Borough Local Plan 2011-2029 and the Design SPD.

  1. Section 106 agreements, also known as planning obligations, are legal agreements between local authorities and developers; these are linked to planning permissions and can require developers to make contributions to the community. 

  2. Supplementary Planning Documents (SPDs) add further detail to the policies in the Local Plan. 

  3. Biodiversity Net Gain (BNG) is an approach to development that aims to leave the natural environment in a measurably better state than it was before. 

Attendees

Profile image for CouncillorRichard Earle
Councillor Richard Earle  Liberal Democrats •  Elson
Profile image for CouncillorKirsten Bradley
Councillor Kirsten Bradley  Liberal Democrats •  Lee East
Profile image for CouncillorMervin Bradley
Councillor Mervin Bradley  Liberal Democrats •  Forton
Profile image for CouncillorKevin Casey
Councillor Kevin Casey  Conservative •  Alverstoke
Profile image for CouncillorStephen Hammond
Councillor Stephen Hammond  Liberal Democrats •  Bridgemary
Profile image for CouncillorAlan Scard
Councillor Alan Scard  Conservative •  Anglesey
Profile image for CouncillorDan Hayes
Councillor Dan Hayes  Conservative •  Lee West

Topics

No topics have been identified for this meeting yet.

Meeting Documents

Agenda

Main Agenda Item - Fort Gilkicker.pdf
Agenda combined.pdf
Agenda frontsheet 10th-Sep-2025 18.00 Regulatory Board.pdf

Reports Pack

Public reports pack 10th-Sep-2025 18.00 Regulatory Board.pdf

Minutes

Minutes Public Pack 23072025 Regulatory Board.pdf

Additional Documents

APPENDIX B GBC Policy SEPT 2025 PROPOSED.pdf
APPENDIX A GBC Handbook April 2025 CURRENT.pdf
Policy.pdf