Agenda and minutes

Planning Committee
Tuesday 17th December 2019 2.00 pm

Venue: Council Chamber, Town Hall, Bexhill-on-Sea

Contact: For all enquiries please contact Email: julie.hollands@rother.gov.uk  Tel: 01424 787811

Items
No. Item

PL19/89.

Minutes

To authorise the Chairman to sign the minutes of the meeting of the Planning Committee held on the 14 November 2019 as a correct record of the proceedings.

Minutes:

The Chairman was authorised to sign the Minutes of the meeting held on 14 November 2019 as a correct record of the proceedings.

PL19/90.

Apologies for Absence and Substitutes

Minutes:

Apologies for absence were received from Councillors B.J. Drayson (substitute) and S.J. Errington.

PL19/91.

Disclosure of Interest

To receive any disclosure by Members of personal and disclosable pecuniary interests in matters on the agenda, the nature of any interest and whether the Member regards the personal interest as prejudicial under the terms of the Code of Conduct.  Members are reminded of the need to repeat their declaration immediately prior to the commencement of the item in question.

Minutes:

There were no declarations of interest.

PL19/92.

Planning Applications - Index pdf icon PDF 119 KB

Minutes:

Outline planning permissions are granted subject to approval by the Council of reserved matters before any development is commenced, which are layout, scale, appearance, access and landscaping.  Unless otherwise stated, every planning permission or outline planning permission is granted subject to the development beginning within three years from the date of the permission.  In regard to outline permissions, reserved matters application for approval must be made within three years from the date of the grant of outline permission; and the development to which the permission relates must begin no later than whichever is the later of the following dates: the expiration of three years from the date of the grant of outline permission or, the expiration of two years from the final approval of the reserved matters, or in the case of approval on different dates, the final approval of the last such matters to be approved.

           

In certain circumstances the Planning Committee will indicate that it is only prepared to grant or refuse planning permission if, or unless, certain amendments to a proposal are undertaken or subject to completion of outstanding consultations.  In these circumstances the Head of Service Strategy and Planning can be given delegated authority to issue the decision of the Planning Committee once the requirements of the Committee have been satisfactorily complied with.  A delegated decision does not mean that planning permission or refusal will automatically be issued.  If there are consultation objections, difficulties, or negotiations are not satisfactorily concluded, then the application will have to be reported back to the Planning Committee or reported via the internal-only electronic Notified ‘D’ system by means of providing further information for elected Members.  This delegation also allows the Head of Service Strategy and Planning to negotiate and amend applications, conditions, reasons for refusal and notes commensurate with the instructions of the Committee.  Any applications which are considered prior to the expiry of the consultation reply period are automatically delegated for a decision.

 

RESOLVED: That the Planning Applications be determined as detailed below.

PL19/93.

RR/2019/430/P - Bexhill - Bexhill Leisure Centre, Downs Road pdf icon PDF 684 KB

Minutes:

GRANT (OUTLINE PLANNING) DELEGATED SUBJECT TO HIGHWAY AUTHORITY SUPPORT, FINALISATION OF PLANNING CONDITIONS AND COMPLETION OF A SECTION 106 PLANNING OBLIGATION FOR PROVISION OF AFFORDABLE HOUSING, OFF-SITE HIGHWAY WORKS, TRAVEL PLAN AND A LOCAL EMPLOYMENT AND SKILLS PLAN.

In the event that the Agreement is not completed by 17 June 2020, that permission be refused for the applicant not entering into an agreement to secure the above, contrary to the relevant policies, unless an extension of time has been agreed by the Head of Service Strategy and Planning (or delegated substitute).

 

CONDITIONS:

 

1.               Approval of the details of layout, appearance, landscaping and scale (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before development commences. 

Reason: In accordance with the requirements of Article 4(1) of the Town and Country Planning (Development Management Procedure) Order 2010.

 

2.               Plans and particulars of the reserved matters referred to in Condition 1 above shall be submitted in writing to the Local Planning Authority and shall be carried out as approved.

Reason: In accordance with the requirements of Article 4(1) of the Town and Country Planning (Development Management Procedure) Order 2010.

 

3.               Application for approval of all the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. 

Reason: In accordance with Section 92 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

 

4.               The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

Reason: In accordance with Section 92 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

 

5.         Subject to the details required by Condition 1, the development hereby permitted shall be carried out in accordance with the following approved drawings and documents:

Location Plan, D7129.001B, dated 10/09/19

Parameters Plan, A17129.002B, dated 19/07/2019 (with the exception of the alignment of the main access route which is not approved and will be subject to consideration through reserved matters applications)

Proposed Site Access Arrangement, P18063-001D, dated 22 Nov 2018

Note that the illustrative masterplan (IN7129.004C) is not approved.

Reason: For the avoidance of doubt and in the interests of proper planning as advised in Planning Practice Guidance Paragraph: 022 Reference ID: 21a-022-20140306.

 

6.         The number of dwellings permitted within the site as defined by this outline planning permission shall not exceed 52 and the Leisure Centre shall not exceed 6,500sqm (GIA).

Reason: To ensure a properly planned development in accordance with the application and Policy BT2 of the Rother District Local Plan.

 

7.         The new access shall be in the position shown on Drawing No. P18063-001D, dated 22/11/2018. The design details for the access (mini-roundabout) incorporating  ...  view the full minutes text for item PL19/93.

PL19/94.

RR/2019/1384/P - Ticehurst - Hillbury Field, High Street pdf icon PDF 475 KB

Minutes:

DECISION: DEFERRED (TO SEEK FURTHER ASSESSMENT OF DEVELOPMENT VIABILITY)

PL19/95.

RR/2019/666/P - Battle - The Meads - Land at, 12 Isherwood pdf icon PDF 313 KB

Additional documents:

Minutes:

DECISION: GRANT (OUTLINE PLANNING)  

 

CONDITIONS:

 

1.               Approval of the details of layout, appearance, landscaping and scale (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before development commences on each phase of the development. 

            Reason: In accordance with the requirements of Article 4(1) of the Town and Country Planning (Development Management Procedure) Order 2010.

 

2.         Plans and particulars of the reserved matters referred to in Condition 1 aboveshall be submitted in writing to the Local Planning Authority and shall be carried out as approved.

            Reason: In accordance with the requirements of Article 4(1) of the Town and Country Planning (Development Management Procedure) Order 2010.

 

3.         Application for approval of all the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. 

            Reason: In accordance with Section 92 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

 

4.         The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

            Reason: In accordance with Section 92 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

 

5.         The development hereby permitted shall be carried out in accordance with the following approved plan:

Drawing No. 6018/LBP/C dated August 2019

Reason: For the avoidance of doubt and in the interests of proper planning, as advised in Planning Practice Guidance Paragraph: 022 Reference ID: 21a-022-20140306.

 

6.         Pursuant to Condition 1, details shall be submitted of the finished ground floor levels for any building(s) on the site in relation to existing and proposed site levels, the adjacent road and adjacent properties, together with details of levels of all accesses, to include pathways, driveways, steps and ramps. Any development shall subsequently be carried out in accordance with the approved details.

            Reason: To protect the character and appearance of the locality and the living conditions of occupants of neighbouring properties in accordance with Policy OSS4 (ii) and (iii) of the Rother Local Plan Core Strategy. 

 

7.         The soft landscaping details to be submitted pursuant to Condition 1 shall include the following:

a)   indications of all existing trees and hedgerows on the land and on adjoining land including details of those to be retained, together with measures for their protection in the course of development;

b)   design, layout and appearance of structural and amenity green space, including verges;

c)   planting plans;

d)   written specifications (including cultivation and other operations associated with plant and grass establishment);

e)   schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; and

f)    details for implementation.

The development shall thereafter be carried out as approved and in accordance with an  ...  view the full minutes text for item PL19/95.

PL19/96.

RR/2019/1540/P - Northiam - 98 Main Street pdf icon PDF 419 KB

Minutes:

DECISION: GRANT (FULL PLANNING)

 

The Committee had visited the site as part of their site inspections.  The proposal was to convert part of a ground floor shop premises to a self-contained residential studio flat, as well as providing a courtyard garden.

 

Members heard from the Applicant, as well as the local Ward Member who was present at the meeting and was in favour of supporting approval of the application.  Members asked questions in relation to the reduced size of the carpet / warehouse retail unit and whether storage facilities would be lost as a result of the application.  The Applicant assured Members that he had ample storage space of approximately 70sqm to store carpets and underlay for his commercial premises and that the loss proposed would not undermine the viability of the shop unit. 

 

Members discussed acceptability of the proposal and in weighing up all the issues, including the lack of a current 5-year supply of land for housing, Members considered that there would be no unjustified loss of the retail unit, the size and outlook of the dwelling was acceptable and would provide much needed accommodation for young people / families in a central village location.  Therefore, the Committee considered that the application for full planning should be granted.

 

Councillor Mrs Earl-Williams moved the motion to approve (Grant Full Planning) and this was seconded by Councillor Johnson.

 

Resolution voted on – the motion was CARRIED.

 

CONDITIONS:

 

1.               The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: In accordance with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

 

2.               The development hereby permitted shall be carried out in accordance with the following approved plans and details:

Drawing No. 5854/19/LBP, dated March 2019

Drawing No. 5854/19/1, dated March 2019

Reason: For the avoidance of doubt and in the interests of proper planning, as advised in Planning Practice Guidance Paragraph: 022 Reference ID: 21a-022-20140306.

 

NATIONAL PLANNING POLICY FRAMEWORK: In accordance with the requirements of the Framework (paragraph 38) and with the Town and Country Planning (Development Management Procedure) (England) Order 2015, the Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that  have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

 

PL19/97.

RR/2019/1955/P - Catsfield - Spring Cottage, Church Lane pdf icon PDF 360 KB

Minutes:

DECISION: GRANT (FULL PLANNING)

 

CONDITIONS:

 

1.               The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: In accordance with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

 

2.               The development hereby permitted shall be carried out in accordance with the following approved plans and details:

Existing site location and block plan: Drawing No. BA 1939.01

Proposed site block plan: Drawing No. BA 1939.04 revision A

Works: proposed plans and elevations: Drawing No. BA 1939.07

Works: proposed elevations section and levels: Drawing No. BA 1939.08

Reason: For the avoidance of doubt and in the interests of proper planning, as advised in Planning Practice Guidance Paragraph: 022 Reference ID: 21a-022-20140306.

 

3.         The materials to be used in the construction of the external surfaces of the building hereby permitted shall match in materials, colour and texture those used in the existing building unless an alternative finish is first submitted to and approved in writing by the Local Planning Authority.

Reason: To maintain the characteristics of the existing building, ensure that the development is in character with its surroundings, and to maintain the visual amenities of the surrounding area, in accordance with Policies OSS4 (iii) of the Rother Local Plan Core Strategy.

 

4.         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, (or any order revoking or re-enacting this Order with or without modification), the garages hereby approved shall be retained for such use in association with the occupation of Spring Cottage and shall not be altered internally or externally.

Reason: To ensure a satisfactory level of off-road parking facilities so as not to prejudice the free flow of traffic and conditions of general safety along the highway and to accord with Policy TR4 of the Rother Local Plan Core Strategy.

 

5.         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, (or any order revoking or re-enacting this Order with or without modification), the first floor garden room hereby approved shall only be used as a garden room or for a purpose incidental to the occupation of the main dwelling and it shall not be occupied as primary accommodation.

Reason: The site lacks sufficient amenity space and services (e.g. parking, turning) to accommodate a second self-contained unit of accommodation  contrary to the provisions of Policy OSS4 and TR4 of the Rother Local Plan Core Strategy.

 

NATIONAL PLANNING POLICY FRAMEWORK: In accordance with the requirements of the Framework (paragraph 38) and with the Town and Country Planning (Development Management Procedure) (England) Order 2015, the Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an  ...  view the full minutes text for item PL19/97.

PL19/98.

RR/2019/1858/O - Battle - Watch Oak, Chain Lane pdf icon PDF 267 KB

Minutes:

DECISION: GRANT (LAWFUL DEVELOPMENT CERTIFICATE) 

 

Rother District Council hereby certifies that on 7 November 2019, the development described in the First Schedule hereto in respect of the land specified in the Second Schedule hereto and edged on the Plan attached to this Certificate would have been lawful within the meaning of Section 192 of the Town and Country Planning Act 1990 (as amended) for the following reason:

 

The proposed development falls within the provisions set out in Part 2, Class D Schedule 2 of the Town and Country Planning GPDO [England] 2015.

 

FIRST SCHEDULE 

Lawful Development Certificate for proposed installation of two electric vehicle charging points to existing parking bays.

 

SECOND SCHEDULE

Watch Oak, Rother Homes, Chain Lane, Battle

 

(more specifically the land edged redand the details set out on the site location plan dated 22 October 2019

 

NOTES:

 

1.               This Notice is signed below by the Council's authorised officer on behalf of Rother District Council.

 

2.               This Certificate is issued solely for the purpose of Section 191/192 of the Town and Country Planning Act 1990 (as amended).

 

3.               It certifies that the development specified in the First Schedule taking place on the land described in the Second Schedule would have been lawful on the specified date and thus would not have been liable to enforcement action under Section 172 of the 1990 Act on that date.

 

4.               This certificate applies only to the extent of development described in the First Schedule and to the land specified in the Second Schedule and identified on the attached plan. Any development which is materially different from that described or which relates to other land may render the owner or occupier liable to enforcement action.

 

5.               The effect of the certificate is also qualified by the proviso in Section 192(4) of the 1990 Act, as amended, which states that the lawfulness of a described use or operation is only conclusively presumed where there has been no material change, before the use is instituted or the operations begun, in any other matters relevant to determining such lawfulness.

 

6.               When no longer needed as a charging point for electric vehicles, the development is removed as soon as reasonably practicable and the wall on which the development was mounted or into which the development was set is, as soon as reasonably practicable, and so far as reasonably practicable, is reinstated to its condition.

 

 

 

 

PL19/99.

Appeals pdf icon PDF 192 KB

Minutes:

Members noted the report on Appeals that had been started, allowed or dismissed since the Committee’s last meeting, together with the list of forthcoming Hearings and Inquiries.

 

RESOLVED: That the report be noted.

PL19/100.

To note the date and time for future Site Inspections

Tuesday 14 January 2020 at 8:30am departing from the Town Hall, Bexhill.

Minutes:

– Tuesday 14 January 2020 at 8:30am departing from the Town Hall, Bexhill.