Agenda and minutes

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

Contact: Julie Hollands 

Media

Items
No. Item

PL22/17.

Minutes

To authorise the Chairman to sign the minutes of the meeting of the Planning Committee held on the 26 May 2022 as a correct record of the proceedings.

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Minutes:

PL22/18.

Apologies for Absence and Substitutes

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Minutes:

Apologies for absence were received from Councillors T.J.C. Byrne, G.C. Curtis and K.M. Harmer (ex-officio).

 

It was noted that Councillor Drayson was present remotely as substitute for Councillor Byrne and Councillor J. Barnes was present as a substitute for Councillor Curtis.

PL22/19.

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.

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

 

J. Barnes         Agenda Items 9 & 10 – Personal Interest as Chairman of Etchingham Parish Council who had made a representation on the application but had taken no part in the discussions on the application.

 

Barnes             Agenda Items 9 & 10 – Personal Interest as a member of Etchingham Parish Council who had made a representation on the application but had taken no part in the discussions on the application.

 

Gray                Agenda Item 11 – Personal Interest as a member of Bexhill Heritage.

 

Langlands        Agenda Item 11 – Personal Interest as a member of Bexhill Heritage.

 

Madeley          Agenda Item 11 – Personal Interest as a member of Bexhill Heritage.

 

Prochak          Agenda Items 9 & 10 – Personal Interest as she was known to Martin Saunders, Liberal Democrat Candidate who was one of the signatories on the application.

PL22/20.

Planning Applications - Index pdf icon PDF 120 KB

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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 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.

PL22/21.

RR/2020/2132/P - 29 Seabourne Road, Bexhill pdf icon PDF 544 KB

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DECISION: GRANT (FULL PLANNING) DELEGATED (SUBJECT TO A SECTION 106 LEGAL AGREEMENT TO SECURE AN OFF-SITE RECEPTOR SITE FOR THE EXISTING REPTILE POPULATION)

 

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 plan, drawings and document:

Site Location Plan, dated 08 Dec 2020.

Drawing No. 5901/100/B (PROPOSED DWELLINGS – SITE PLAN), dated DEC 20 (NB the new soakaways, proposed cycle sheds, proposed boundary treatment and proposed soft landscape works are not approved).

Drawing No. 1420-P-02C (PROPOSED PLAN AND ELEVATIONS), dated 14-02-14 (NB the sheds are not approved).

Drawing No. 1420-P-03C (PROPOSED FIRST FLOOR PLAN, SITE PLAN AND SECTION), dated 14-02-14 (NB the sheds are not approved).

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

 

3.   No works shall commence on site, including any vegetation clearance, ground works or works of demolition, until the Local Planning Authority has been provided with either:

a)   a Badger Mitigation Licence, which relates to the development granted by this planning permission, issued by Natural England pursuant to Regulation 55 of The Conservation of Habitats and Species Regulations 2017; or

b)   a statement in writing from Natural England to the effect that it does notconsider a Badger Mitigation Licence is required for thedevelopment granted by this planning permission.

Reason: A pre-commencement condition is required to ensure the existing badger population is conserved through appropriate mitigation/compensation measures, in accordance with Policy EN5 (ix) of the Rother Local Plan Core Strategy 2014, and Policy DEN4 (ii) of the Development and Site Allocations Local Plan 2019.

 

4.   No development shall commence (including vegetation clearance, ground works or demolition) until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. This shall deal with the treatment of any environmentally sensitive areas as well as detailing the works to be carried out showing how the environment will be protected during the works. The CEMP shall include details of the following:

1.     the timing of the works including timings to avoid environmentally sensitive areas or features and the times when specialist ecologists need to be present on site to oversee works;

2.     construction methods;

3.     any necessary pollution protection methods; and

4.     information on the persons/bodies responsible for particular activities associated with the method statement that demonstrate they are qualified for the activity they are undertaking.

The works shall be carried out in accordance with the approved CEMP.

Reason: A pre-commencement condition is necessary to ensure that the environmental impacts of construction are identified and agreed before works take place in order to prevent or minimise their impacts on the environment, in accordance with Policies OSS4 (ii & iii) and EN5 (viii)  ...  view the full minutes text for item PL22/21.

PL22/22.

RR/2022/240/P - Battle Great Barn, Land adjacent to Marley Lane pdf icon PDF 425 KB

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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 Civil 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 0.8km 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 a lawned field which contributes positively to the rural character of its surroundings. The proposed dwelling would have an urbanising impact, with associated driveway and parking area, together with inevitable external domestic paraphernalia.  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 AONB, 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 site lies within an unsustainable countryside location where occupiers of the development would be highly reliant on private motor vehicles and would not be able to make the fullest possible use of public transport, walking and cycling to access local services and facilities. The development is contrary to Policies PC1, OSS3 (v), SRM1 (vii) and TR3 of the Rother Local Plan Core Strategy (2014), Policy IN4 of the Battle Civil Parish Neighbourhood Plan and paragraphs 8 and 110 (a) of the National Planning Policy Framework which seek to minimise the need to travel and to support the transition to a low carbon future.

 

4.    Having regard to Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990, it is considered that the proposed works, by virtue of the incorporation of a new man-made feature into the landscape within the setting of the Grade II listed Battle Great Barn. The change to the landscape would erode and cause harm to the rural setting of the listed barn currently characterised by open lawns and fields to either side, which gives it a spacious and isolated feel, adversely affecting the setting and special architectural and historic character and interest of the listed building as a designated heritage asset, and as such would be contrary to Policy EN2 of the Rother Local Plan  ...  view the full minutes text for item PL22/22.

PL22/23.

RR/2021/1573/P - New House Farm, Sheepstreet Lane, Etchingham pdf icon PDF 456 KB

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Minutes:

DECISION: GRANT (FULL PLANNING) TEMPORARY UNTIL DECEMBER 2023

 

CONDITIONS:

 

1.     The use hereby permitted shall be discontinued and the land and buildings restored to their former condition and use, on or before 31 December 2023 in accordance with a scheme of work submitted to and approved by the Local Planning Authority.

Reason: The use is potentially detrimental to the amenities of the adjacent and nearby properties and the surrounding tranquil rural area within the countryside of the High Weald Area of Outstanding Natural Beauty and this permission is granted temporarily to enable the Local Planning Authority to monitor and assess the effects of the proposal, having regard to the criteria set out in Policies OSS4 and EN1 of the Rother Local Plan Core Strategy and Policies DEN1, DEN2 and DEN7 of the Development and Site Allocations Local Plan.

 

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

a)     DGC-22062-09, dated 09/03/2022, in so far as it identifies the buildings, areas and parking locations only.

b)     DGC-22062-07 dated 13/12/2021 

c)     DGC-22062-08 dated 13/12/2021 

d)     DGC-22062-02 Rev.A dated 21.12.2021 

e)     DGC-22062-03 Rev.A dated 21.12.2021 

f)       DGC-22062-05 Rev.B dated 21.12.2021 

g)     DGC-22062-06 dated 27/05/2021 

h)     DGC-22062/CU/100 Rev.A dated 21.12.2021 

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

 

3.   The use of the site is hereby approved for holiday lets only and by resident guests only, with exception of the house and its gardens when in use as a family home by the owner/occupier.

Reason: To preclude excessive noise, activity, numbers of vehicles and general disturbance at the site, and to limit the number of visitors to the site to protect the residential amenities of the immediate neighbours and wider locality and the tranquility of the countryside within the High Weald Area of Outstanding Natural Beauty, in accordance with Policies OSS4 (ii), (iii), EN1 and TR4 of the Rother Local Plan Core Strategy and Policies DEN1, DEN2 and DEN7 of the Development and Site Allocations Local Plan.

 

4.   Within one month of the date of this decision, details shall be submitted to the Local Planning Authority for the removal of the black plastic sheeting along the east side boundary between the swimming pool and neighbouring property and for its replacement with an acoustic barrier for approval details for the barrier to require that:

·       The barrier should be pool side of the line of conifers along the Eastern side of the pool area.

·       The barrier should be 1.8m to 2m high above the poolside ground level extending from the existing brick wall at the northern tip of the pool area, along the NNE side extending past the pool pump housing at least to the hedge on the SSE side of the area.

·       Details of the proposed acoustic fence, including its surface mass and details of boarding.

The approved details shall be implemented within one month of the date of the approval of the said details.

Reason: To preclude excessive  ...  view the full minutes text for item PL22/23.

PL22/24.

RR/2021/1574/L - New House Farm, Sheepstreet Lane, Etchingham pdf icon PDF 247 KB

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Minutes:

DECISION: DEFERRED

 

Due to time constraints and the length of time of the meeting, the Planning Committee agreed that Application No. RR/2021/1574/L be deferred until the next meeting scheduled to be held on 21 July 2022 to allow all the registered speakers to address the committee.

PL22/25.

RR/2022/289/L - Shelter Number 1, East Parade, Bexhill pdf icon PDF 285 KB

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Minutes:

DECISION: GRANT (LISTED BUILDING CONSENT)

 

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

Elevation and Plan View Drawing; submitted via email dated 20 May 2022

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).

 

(Councillors Gray, Langlands and Madeley 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).

PL22/26.

RR/2022/602/P - 22 Cranston Avenue, Bexhill pdf icon PDF 243 KB

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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:

Site Location Plan, Drawing No. 21.391/01, dated March 2022,

Proposed Block Plan, Elevations and Floor Plan, Drawing No. 21.391/02, dated March 2022.

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, 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 in accordance with Policies OSS4 (iii) 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 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.

PL22/27.

RR/2022/497/P - 2 Woodside, Pett Road, Pett pdf icon PDF 429 KB

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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:

Proposed Site Plans & Elevations, Drawing No. 21_63-10 Rev A dated 30.5.2022

Proposed Outbuilding Drawings Drawing No. 21_63-15 Rev A dated 30.5.2022

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 building hereby permitted shall be as submitted on Drawing No. 21_63-15 Rev A dated 28/4/22 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.

 

4.   The outbuilding hereby permitted shall only be used for incidental uses in association with the existing dwelling and shall not be used as habitable accommodation or a separate dwelling unit.

Reason: In the interests of protecting the character of the area and protecting the residential amenities of neighbouring properties and precluding the creation of a new dwelling, in accordance with Policies OSS4 (ii) (iii) of the Rother Local Plan Core Strategy and DGH9 of the Development and site Allocations Local Plan.

 

5.    No external lighting shall be provided or installed on the outbuilding hereby approved unless full details have been submitted to and approved in writing by the Local Planning Authority.  Any external lighting shall be installed and thereafter retained in accordance with the approved details.

Reason: To prevent light pollution and to protect the dark night skies and local ecology of the surrounding countryside, in accordance with Policies EN1 and EN5 of the Rother Local Plan Core Strategy and Policies DEN1 and DEN7 of the Development and Site allocations Local Plan.

 

NOTE:

 

1.    You are advised that the Planning Committee would welcome the addition of a green roof and solar panels to the outbuilding and would encourage you to give consideration to the addition of these elements.

 

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 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 acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

PL22/28.

Appeals pdf icon PDF 164 KB

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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.

 

Assurance was given that multiple and persistent applications / appeals by the same applicant was being monitored and action would be taken, where and when appropriate.

 

RESOLVED: That the report be noted.

PL22/29.

To note the date and time for future Site Inspections

Tuesday 19 July 2022 at 9:00am departing from the Town Hall, Bexhill.

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