Agenda and minutes

To authorise the Chairman to sign the minutes of the meeting of the Planning Committee held on the 11 November 2021 as a correct record of the proceedings.

The Chairman was authorised to sign the Minutes of the meeting held on 11 November 2021 as a correct record of the proceedings.

Apologies for absence were received from Councillors J. Barnes (Substitute), Mrs M.L. Barnes, G.C. Curtis, B.J. Drayson (ex-officio), S.J. Errington, A.E. Ganly, K.M. Harmer, J.M. Johnson and G.F. Stevens.

It was noted that Councillor H.L. Timpe was present as a substitute for Councillor K.M. Harmer.

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.

Declarations of interest were made by Councillors in the Minutes as indicated below:

Gray                Agenda Item 13 – Personal Interest as a member of Bexhill Heritage.

Langlands        Agenda Item 13 – Personal Interest as a member of Bexhill Heritage.

Madeley          Agenda Item 13 – Personal Interest as an Executive member of Bexhill Heritage.

Mier                 Agenda Item 8 – Personal & Prejudicial Interest as he was a personal friend of the principal objector.

Prochak          Agenda Item 14 – Personal & Prejudicial Interest as she was a personal acquaintance of the Applicant.

Timpe             Agenda Item 13 – Personal Interest as a member of Bexhill Heritage.

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 Director – Place and Climate Change 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.  This delegation also allows the Director – Place and Climate Change 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.

DECISION: REFUSE (FULL PLANNING)

REASONS FOR REFUSAL:

1.    The site lies outside of the defined development boundary for Battle as set out in the Battle Civic Parish Neighbourhood Plan (BCPNP). The proposal would conflict with the overall spatial strategy set out in Policies OSS2, OSS3 and BA1 of the Rother Local Plan Core Strategy and Policies HD1 (development boundaries) and HD2 (site allocations) of the BCPNP, which seek opportunities within the development boundary of the town. The site is 0.7km from the edge of Battle and fails to meet the spatial strategy policy requirements of the district. In addition, the proposed development does not meet any of the exceptions for providing new dwellings in the countryside under Policy RA3 (iii) of the Rother Local Plan Core Strategy or those for isolated new homes listed in paragraph 80 of the National Planning Policy Framework. 

2.    The application site is part of an undeveloped undulating field which contributes positively to the rural character of its surroundings. The proposed development would involve earthworks which would introduce unnatural and man-made features into the landscape. On top of this is the urbanising impact that the proposed dwelling would have, with associated long driveway and parking area, together with inevitable external domestic paraphernalia. The development would result in the rural character of the field changing to residential use which would be visible from the public footpath to the southeast of the site and the public car park to the south and would encroach on the openness of the green gap designation of the Battle Civic Parish Neighbourhood Plan (BCPNP). The development would represent an unjustified intrusion of residential development in a rural, countryside setting which would fail to conserve or enhance the landscape and scenic beauty of the High Weald Area of Outstanding Natural Beauty, contrary to Policies OSS4 (iii), BA1 (i), RA2 (viii), RA3 (v) and EN1 (i) (v) of the Rother Local Plan Core Strategy, Policies DEN1 and DEN2 of the Development and Sites Allocation Local Plan (2019), Policies HD5, HD7 and EN3 of the BCPNP and paragraph 176 of the National Planning Policy Framework.

3.    The proposed development would involve earthworks which would introduce unnatural and man-made features into the landscape. On top of this is the urbanising impact that the proposed dwelling would have, with associated long driveway and parking area, together with inevitable external domestic paraphernalia. The development would result in the rural character of the field changing to residential use which would be visible from the public footpath to the southeast of the site and the public car park to the south, which would erode and cause harm to the rural setting of the grade II listed Battle Great Barn. Having had regard to Section 66 of The Planning (Listed Buildings & Conservation Areas) Act 1990, the development would cause harm to the rural setting of the Grade II listed building Battle Great Barn, contrary to Policy EN2 (iii) of the Rother Local Plan Core  ...  view the full minutes text for item PL21/70.

DECISION: GRANT (FULL PLANNING)

In agreement with the Planning Committee, the Chairman changed the order of the Agenda to consider Application No. RR/2021/2425/P next.

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:

Location Block Plan, Drawing No. 6723 / 21 / LBP dated September 2021

Proposed External Changes, Drawing No. 6723 / 21 / 1, dated September 2021

Reason: For the avoidance of doubt and in the interests of proper planning.

3.    The materials to be used in the construction of the external surfaces walls hereby permitted shall be made up white fibre-cement Cedral weatherboarding for the walls otherwise agreed in writing with the Local Planning Authority.

Reason: To ensure that the satisfactory appearance of the development and area is maintained and to preserve the natural landscape quality and character of the High Weald Area of Outstanding Natural Beauty in accordance with Policy OSS4 (iii) of the Rother Local Plan Core Strategy.

NATIONAL PLANNING POLICY FRAMEWORK: In accordance with the requirements of the National Planning Policy 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.

(Councillor Prochak declared a Personal & Prejudicial Interest in so far as she was a personal acquaintance of the Applicant and in accordance with the Members’ Code of Conduct left the meeting during the consideration thereof).

DECISION: GRANT (PLANNING PERMISSION)

CONDITIONS:

1.   The development shall not proceed other than in accordance with Conditions 1 and 3 imposed on planning permission RR/2016/3121/P, dated 16 March 2017, which remain in full force and effect.

Reason: This permission is granted pursuant to planning permission RR/2020/229/P, dated 10 December 2020. Under Section 73 of the Town and Country Planning Act 1990 the Council has considered the conditions subject to which the previous planning permission was granted and confirms that the conditions and associated reasons remain pertinent and are re-imposed, apart from as varied by this permission.

Condition 2 imposed on planning permission RR/2016/3121/P, dated 16 March 2017, is varied as follows:

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

Land Registry site plan (undated)

Location plan (A2) (undated)

Drawing No. 4.2, dated 25 January 2021

Drawing No. 3.2, dated 25 January 2021

Drawing No. 4.3, dated 25 January 2021

Reason: For the avoidance of doubt and in the interests of proper planning.

NATIONAL PLANNING POLICY FRAMEWORK: In accordance with the requirements of the National Planning Policy 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.

(Councillor Mier declared a Personal & Prejudicial Interest in this matter in so far as he was a personal friend of the principal objector and in accordance with the Members’ Code of Conduct left the meeting during the consideration thereof).

RM

DECISION: GRANT (PLANNING PERMISSION)

The proposal was to render the north (front) and east elevations of the property at ground floor level round to the chimney stack, whilst retaining the tile hung first floor level and render the south (rear) elevation at ground and first floor levels.  The property was within the Bexhill Development Boundary and all dwellings along the south side of road followed a distinctive style featuring brick on the ground floor and tile hanging on the first floor, with some varying colours.  The main issue for consideration was the effect on the character and appearance of the street scene / locality.

The Planning Committee heard from the Ward Member who spoke on behalf of the Applicant and highlighted the additional information which had been submitted; this identified a number of properties in the local vicinity that had been partially or fully rendered.  It was noted that no objections had been received and that Bexhill Town Council had made not comment on the application.

Following discussion and having viewed the site as part of their site inspections, the Planning Committee felt that a precedent had already been established, as other properties in the local vicinity had been partially or fully rendered and therefore agreed that the alterations would not detract from the character and appearance of the street scene / locality.  Therefore, the Committee granted full planning permission subject to the inclusion of relevant standard conditions (delegated to officers to consider) and the inclusion of two additional conditions, namely that the tile hung remained unpainted and the colour of the render be cream.

Councillor Prochak moved the motion to APPROVE (Full Planning) and this was seconded by Councillor Norton.  The motion was declared CARRIED (6 for / 2 against).

REASON FOR APPROVAL:

1.    The proposed development would have an acceptable impact on the appearance of the host building and the surrounding area and as such should be approved.

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 herby permitted shall be carried out in accordance with the following approved plans and details:

Site Location Plan, Drawing No. 1, dated 13/04/2021

Block/Site Plan, Drawing No. 2, dated 12/04/2021

Existing Elevations, Drawing No. 3, dated April 2021

Proposed Elevations, Drawing No. 4, dated April 2021

Reason: For the avoidance of doubt and in the interests of proper planning. 

3.    The render to be used in the construction of the external surfaces of the works shall be cream in colour and retained thereafter 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 in accordance with Policy OSS4 (iii) of the Rother Local Plan Core Strategy and Policy HG9(ii) of the  ...  view the full minutes text for item PL21/73.

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 ground floor plan, elevations and site location plan, Drawing No. 23.371/01, dated August 2021

Proposed ground floor plan, elevations and site block plan, Drawing No. 21.371/02A, dated September 2021

Reason: For the avoidance of doubt and in the interests of proper planning.

3.    The materials to be used in the construction of the external surfaces of the extension hereby permitted shall match in materials, colours 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 ensure that the development is in character with its surroundings in accordance with Policy OSS4(iii) of the Rother Local Plan Core Strategy and Policy DHG9(ii) of the Rother Development and Site Allocations Plan.

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.

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 drawings:

Drawing No. 00121-PL-150 Proposed Site Block Plan, dated 14.04.21

Drawing No. 00121-PL-200 Existing Plan, dated 14-04-21

Drawing No. 00121-PL-224 Proposed Basement Floor Plan, dated 14.04.21

Drawing No. 00121-PL-225 Proposed Ground Floor Plan, dated 14.04.21

Drawing No. 00121-PL-226 Proposed First Floor Plan, dated 14.04.21

Drawing No. 00121-PL-227 Proposed Roof Plan, dated 14.04.21

Drawing No. 00121-PL-300 Existing Elevations, dated 14.04.21

Drawing No. 00121-PL-450 Proposed Site Section, dated 14.04.21

Drawing No. 00121-PL-350 Proposed Elevations, dated 14.04.21

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.    Prior to occupation of the dwelling hereby permitted, boundary treatments shall be erected strictly in accordance with details submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of visual amenity and to prevent the development from having any harmful impact upon the amenities of adjoining properties by way of overlooking, in accordance with Policy OSS4 (ii and iii) of the Rother Local Plan Core Strategy 2014.

4.    Prior to occupation of the dwelling hereby permitted, privacy screens to the ends of the first floor rear balcony on the western elevation shall be erected strictly in accordance with details submitted to and approved in writing by the Local Planning Authority. The privacy screens shall thereafter be retained in that condition.

Reason: To prevent the development from having any harmful impact upon the amenities of adjoining properties by way of overlooking, in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy 2014.

5.    The swimming pool contents must be allowed to de-chlorinate by standing for at least 7 days prior to a consented discharge (to be obtained from the Environment Agency) taking place to a surface water sewer, a watercourse or controlled waters.

Reason: To prevent water pollution and to ensure satisfactory drainage of the site, in accordance with Policy SRM2 of the Rother Local Plan Core Strategy 2014.

6.    Swimming pool filter backwash should be passed to a soakaway or the foul drainage system, and not to a surface water sewer or watercourse, unless other means of disposal have first been agreed in writing with the Local Planning Authority in consultation with the Environment Agency.

Reason: To prevent water pollution and to ensure satisfactory drainage of the site, in accordance with Policy SRM2 of the Rother Local Plan Core Strategy 2014.

7.  No development shall take place until a land stability report has been submitted to and approved in writing by the Local Planning Authority. The report should include, amongst other requirements, analysis of  ...  view the full minutes text for item PL21/75.

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: 

Site Location Plan, dated December 2014

Product details, dated and received on 21 June 2021

Proposed Site Block Plan, dated and received on 21 June 2021

Reason: For the avoidance of doubt and in the interests of proper planning. 

3.    Before the storage container hereby permitted is brought into use it shall be treated in a colour to be previously first approved in writing by the Local Planning Authority.

Reason: To ensure that the development reflects the character and appearance of the area in accordance with Policy OSS4(iii) of the Rother Local Plan Core Strategy and Policy HG9(ii) of the Rother Development and Site Allocations Plan.

4.    The building hereby permitted shall be removed and the land restored to its former condition on or before five years from the date stipulated on this decision notice, in accordance with a scheme of work submitted to and approved by the Local Planning Authority.

Reason: The storage container by reason of its construction and materials is not considered suitable for erection as a permanent building, in respect of the long-term visual character and amenities of the area and having regard to Policy OSS4 (iii) of the Rother Local Plan Core Strategy.

NATIONAL PLANNING POLICY FRAMEWORK: In accordance with the requirements of the National Planning Policy 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.

DECISION: GRANT (LISTED BUILDING CONSENT)

The Planning Committee paid tribute to the efforts made by Bexhill Heritage regarding preserving the original features of the seafront shelter. 

CONDITIONS:

1.    The work to which this consent relates shall be begun before the expiration of three years beginning with the date on which this consent is granted.

Reason: In accordance with section 18 of the Planning (Listed Buildings and Conservation Areas) 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:

Location Plan; Submitted with the application

Plans and Elevations; Drawing No. BH21-1 P100 dated June 2021

PR Door Detail DE1; Drawing No. BH21-1 P 150 dated June 2021

PR Fixed Panel SN2, DN1, DN2, SN1, SW1, SS1, SS2; Drawing No. BH21-1 P 151 dated June 2021

PR Door Detail DS1, DS2; Drawing No. BH21-1 P 152 dated June 2021

Reason: For the avoidance of doubt and in the interests of proper planning.

3.   The materials to be used in the construction of the external surfaces of the development hereby permitted shall be as described within the application, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To safeguard the historic fabric and the special architectural and historic character of the Listed Building in accordance with Policy EN2 of the Rother Local Plan Core Strategy (2014).

NOTE:

1.   The Applicant is reminded that the ridge crest does not form part of this application and its design will require Listed Building consent.

(Councillors Gray and Timpe each declared a Personal Interest in so far as they were members of Bexhill Heritage and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).

(When it first became apparent, Councillor Langlands declared a Personal Interest in so far as she was a member of Bexhill Heritage and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).

(Councillor Madeley declared a Personal Interest in so far as she was an Executive member of Bexhill Heritage and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).

Members noted the report on the current status of 23 undetermined Major Planning Applications.  Four were subject to a Section 106 obligation/completion; one was subject to shared access resolution; one was under discussion with consultees and pending additional information; one was awaiting consultee comments; one was awaiting delegated report to be written; one required additional information from the Applicant; one had issues regarding housing allocation, design and biodiversity; one was subject to the Applicant addressing issues raised by consultees and responses were awaited; one was awaiting amendments and additional information; one had been delayed due to the Neighbourhood Plan; one was awaiting amended drawings; three were awaiting consultees responses; one was under consideration and decision imminent; two were not ready for determination; one awaited additional information; one awaited amended plans to be determined under delegated powers; and one had been recommended for withdrawal.

The Development Manager advised that despite an increase in planning applications over the last year, the introduction of new processes and additional resources, as well as the reinstatement of the Pre-Application Advice Service in January 2022 had and would assist with reducing the number of outstanding major applications.

RESOLVED: That the report be noted.

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.

Tuesday 11 January 2022 at 9:00am departing from the Town Hall, Bexhill.

The next site inspection was scheduled to be held on Tuesday 11 January 2022 at 9:00am departing from the Town Hall, Bexhill.