Agenda and minutes

To authorise the Chairman to sign the minutes of the meeting of the Planning Committee held on the 23 June 2022 as a correct record of the proceedings.

The Chairman was authorised to sign the Minutes of the meeting held on 23 June 2022 as correct record of the proceedings.

An apology for absence was received from Councillor J. Vine-Hall.

It was noted that Councillor Byrne was present as substitute for Councillor Vine-Hall.

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:

Mrs Barnes      Agenda Item 7 – Personal Interest as she had had conversations with the Applicant on the application in her role as a Rother District Councillor.

Curtis               Agenda Item 10 – Personal Interest as a member of Catsfield Parish Council.

Madeley          Agenda Item 8 – Personal Interest as a Member of League of Friends of Bexhill Hospital Management Board.

Prochak          Agenda Item 7 – Personal Interest as she was known to Martin Saunders, Liberal Democrat Candidate who was one of the signatories on the application and lived in Sheepstreet Lane.

Vine-Hall         Agenda Item 9 – Disclosable Pecuniary Interest as the Applicant.

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.

Councillor Mrs Barnes moved a Motion to refuse (Listed Building Consent) and this was seconded by Councillor Norton.  The Motion on being put was declared LOST. 

A Motion for approval was subsequently moved and CARRIED.

DECISION: GRANT (LISTED BUILDING CONSENT)

CONDITIONS:

1.    The works hereby permitted shall have been completed and retained in accordance with the following approved plans and details:

DGC-22062-02 Rev.A, dated 21.12.2021

DGC-22062-03 Rev.A, dated 21.12.2021

DGC-22062-05 Rev.B, dated 21.12.2021

DGC-22062-06, dated 27/05/2021

DGC-22062/CU/100 Rev.A, dated 21.12.2021

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

NOTE:

1.    Your attention is drawn to the associated planning permission RR/2021/1573/P and the attached conditions.

(Councillor Mrs Barnes declared a Personal Interest in so far as she had had conversations with the Applicant on the application in her role as a Rother District Councillor and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).

(Councillor Prochak declared a Personal Interest in so far as she was known to Martin Saunders, Liberal Democrat Candidate who was one of the signatories of the application and lived in Sheeptstreet Lane and in accordance with the Member’s Code of Conduct remained in the meeting during the consideration thereof).

DECISION: GRANT (FULL PLANNING FOR PHASE ONE AND OUTLINE PLANNING FOR PHASE 2) DELEGATED SUBJECT TO COMPLETION OF A SECTION 106 AGREEMENT TO SECURE:

(i)    To allow for the creation of a registered servitude from Mount View Street site bellmouth and service connection points to provide access road, underground services route, and stormwater management and discharge route to the culvert head, within the site to serve the development sites identified as Phase 2 and Phase 3 including unfettered use and access during construction and operation. Details of servitude and agreement to be submitted as a condition.

(ii)  To provide for the extant scheme obligations relating to the extant application (RR/2015/1760/P) and secured in the legal agreement dated 24 March 2016 (‘extant scheme’). Wherever possible the extant conditions, as applicable in part or full to this application, have been absorbed within this application’s Conditions.  The onus however remains with the Applicant to ensure that the extant conditions are discharged as applicable in terms of their land purchase agreement (which is not part of this planning matter).

(iii) By granting consent for this application, Condition 45 to the extant scheme relating to safeguarding employment (‘the employment land on the western land parcel … shall not be used for any purposes other than those in use class B1’), namely Phase 1 & 2, is revoked.

(iv) To enable Highway Works: access, footway/cycleway and bus infrastructure; travel plan and audit fee. Sum of financial contribution to be agreed between parties.

PHASE ONE- GRANT (FULL PLANNING PERMISSION)

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

                       i.       Location Plan, Drawing No. MVRDOP-GDA-V5_ZZ-DR-A-0016, dated 8 April 2022.

                      ii.       Planning – existing Site Plan, Drawing No. MVRDOP-GDA-V5-ZZ-DR-A-9001P, dated 11 April 2022.

                    iii.       Proposed Site Plan – Phase 1, Drawing No. MVRDOP-GDA-V5-ZZ-DR-A-9002P, dated 10 May 2022.

                   iv.        Project Phasing, Drawing No. MVRDOP-GDA-V5-ZZ-DR-A-9004P, dated 12 April 2022.

                    v.        Planning – Proposed Site Sections, Drawing No. MVRDOP-GDA-V5-ZZ-DR-A-9008P/P02, dated 12 May 2022.

                   vi.        Planning – GA Plans, Drawing No. MVRDOP-GDA-ZZ-ZZ-DR-A-9001, dated 12 May 2022.

                  vii.        Planning – Typical Pump Room & Substation Details, Drawing No. MVRDOP-GDA-ZZ-DR-A-9011P/PO1, dated 4 April 2022.

                viii.        Planning – GA Elevations, Drawing No. MVRDOP-GDA-ZZ-ZZ-DR-A-9102/PO1, dated 12 May 2022.

                   ix.        Planning – Roof Plan, Drawing No. MVRDOP-GDA-ZZ-ZZ-DR-A-9201/PO1, dated 12 May 2022.

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

3.    Preliminary Ecological Appraisal (PEA):  The development hereby approved shall be implemented strictly in accordance with recommendations stated in section 5.1 (Avoidance, Mitigation and Compensation Measures) of the Preliminary Ecological Appraisal (Ref 70080876/001/Rev1), WSP updated April 2022 which seeks to repair, restore and enhance retained hedgerows, establish new waterbodies, encourage the panting of native shrubs and sets measures  ...  view the full minutes text for item PL22/35.

RM

DECISION: APPROVE (FULL PLANNING) SUBJECT TO A S106 TO SECURE  AN AFFORDABLE HOUSING CONTRIBUTION IN LIEU OF AND CONDITIONS DELEGATED TO OFFICERS

Members had visited the site which was for the erection a new detached carbon neutral live/work dwelling with a ground floor design studio, including landscaping (tree/hedge removal and replanting) with biodiversity enhancements.  The development had been specifically promoted as a design of exceptional quality to meet the requirements of paragraph 80 e) of the National Planning Policy Framework (NPPF).  It was described as a modern interpretation of a High Weald vernacular building.  The existing storage building and access track would be removed, a new access point on Hawkhurst Road and an attenuation pond installed in the southwest corner of the field.  The site was located within the countryside, the High Weald Area of Outstanding Natural Beauty (AONB) and outside the development boundary.  The officer’s opinion was that the design was not bespoke architecture or of exceptional design quality.  There were concerns regarding the landscaping, domestication of the site, creation of a new access and associated earthworks.  In conclusion the proposal would not meet the exceptional requirements of paragraph 80 e) of the NPPF would be harmful to the landscape and scenic beauty of the AONB, contrary to Policy EN1(i) of the Rother Local Plan Core Strategy, Policies DEN1 and DEN2 of the Development and Site Allocations Local Plan and paragraph 176 of the NPPF.  It would be a creation of a new unjustified dwelling in the countryside / unsustainable location contrary to the spatial strategy for Sedlescombe within its Neighbourhood Plan and the district, with no affordable housing contribution provided.

The Planning Committee heard from two spokespersons who objected to the scheme.  They also heard from the Applicant who outlined the history of the site, provided details of the application, proposed usage and landscaping/replanting details.  Members also had the opportunity to hear from Dr Feltwell, a local ecologist who outlined the ecological benefits and clarified that the development met the High Weald AONB Unit’s criteria.  Consideration was also given to the verbal comments made by the Clerk to Sedlescombe Parish Council and the local Ward Member.

Members asked a series of questions in relation to several issues.  These included: impact on and protection of the AONB; whether pre-application advice was sought from the Council (High Weald AONB Unit only); suitable or unsuitable location for development; ecological weight and biodiversity issues; access; highway safety particularly increased traffic movements on a busy high speed road; business usage of the property; visibility of the site from the main road; landscaping (replacement trees); design (kit or not) and materials proposed (not traditional); length of construction and foundation materials; compliant with the Council’s policies; energy efficiency (generates more energy than uses) and supply; battery storage; no affordable housing provision; site not identified within the Sedlescombe Neighbourhood Plan; opportunity for this project to be the first within the UK / World; and could lead to increased number of these types of properties within  ...  view the full minutes text for item PL22/36.

DECISION: DEFERRED TO ALLOW THE RURAL SURVEYOR AND OFFICERS TO COMMENT ON AND CONSIDER THE APPLICANT’S REVISED BUSINESS PLAN WHICH HAD ONLY BEEN SUBMITTED IN THE LAST COUPLE OF DAYS

(Councillor Curtis declared a Personal Interest in so far as he was a member of Catsfield Parish Council and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).

RM

DECISION: APPROVE (FULL PLANNING) SUBJECT TO CONDITIONS DELEGATED TO OFFICERS

The proposal was a resubmission of an application which was previously refused for an extension of the existing building on the site, as well as change of use of the building from a Class B1 commercial unit to a mixed use live/work unit (sui generis).  The site was located approximately 0.7km from the village of Dallington, formed part of a relatively small field that contained a commercial building which was clad and roofed in sheet metal and parking was provided by an area of hardstanding.  The field was surrounded by mature trees and hedgerow which were considered historic field boundaries.  The site was located within the High Weald Area of Outstanding Natural Beauty (AONB) and outside of any defined development boundary.  The officer’s opinion was that the proposed development did not comply with the Council’s Local Plan Core Strategy (Policies OSS2, OSS4, RA2, RA3, EN1 and TR3), Development and Site Allocations Local Plan (Policies DEN2 and DIM2) or paragraphs 104 and 176 of the National Planning Policy Framework (NPPF) and the recommendation was for refusal.

The Planning Committee heard from the Applicant, the Applicant’s partner who spoke on behalf of the Applicant’s Agent who both outlined the site history, provided details of the application, proposed usage (carpentry business), materials to be uses and support received from the local community.  Members also heard from the Chairman of Dallington Parish Council (DPC) who outlined the local amenities within the village, economic potential of the business and community benefits and stipulated that DPC was supportive of the application.  The comments of the Local Ward Member were also considered, and regard was given to the Appeal decision of 2019, where permission was dismissed.

After deliberation, the Planning Committee felt that the proposed development complied with Rother Local Plan Core Strategy Policy RA2(iii) and paragraph 80 of the NPPF.  They felt that the site was an ideal location for a live/work unit as the Applicant currently used the property for his carpentry business and local amenities were within walking distance.  It was of a good design with a proposed low carbon output, provide security for the business, ultimately supporting the local economy and community.  The development would not fail to conserve and would enhance the landscape and scenic beauty of the AONB.  Therefore, the Planning Committee granted full planning permission subject to the inclusion of relevant standard conditions (delegated to officers to consider in consultation with and subject to the agreement of the Chair) including the removal of permitted development rights and that the permission included the continuation of the carpentry business.

Councillor Curtis moved the motion to APPROVE (Full Planning) and this was seconded by Councillor Mrs Barnes.  The motion was declared CARRIED (8 for / 5 against).

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  ...  view the full minutes text for item PL22/38.

DECISION: DEFERRED TO ALLOW THE PLANNING COMMITTEE TO ATTEND A SITE VISIT

DECISION: DEFERRED TO ALLOW THE PLANNING COMMITTEE TO ATTEND A SITE VISIT

DECISION: DEFERRED TO ALLOW CONSIDERATION OF WHETHER THE SITE WAS DELIVERABLE AND FURTHER INFORMATION WAS RECEIVED FROM EAST SUSSEX COUNTY COUNCIL REGARDING EDUCATION PROVISION FOR THE APPLICANT’S CHILDREN

DECISION: GRANT (FULL PLANNING) SUBJECT TO CONDITIONS TO OFFICERS INCLUDING EHO OFFICERS TO ADVISE ON CONTAMINATED LAND CONDITION 

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. 4775.LP. A, dated 14 March 2022

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

3.    No development shall commence until full elevational drawings of the portable changing facility have first been submitted to and approved in writing by the Local Planning Authority. This drawing should include details/samples of the external finish of the structure including the wood cladding to be used.

Reason:  To ensure that the development reflects the character and/or appearance of the existing building and to preserve the visual amenities of the area in accordance with Policy OSS4(iii) of the Rother Local Plan Core Strategy.

4.    No floodlighting or other external means of illumination of the portable changing facility hereby permitted shall be provided, installed or operated at the site.

Reason: To protect the residential amenities of the locality and to protect the special character of the rural area, in accordance with Policies OSS4 (ii and iii), RA3 (v) and EN1 of the Rother Local Plan Core Strategy.

5.    There shall be no on-site discharge of sewage, solid or liquid, from any chemical toilets; all sewage shall be collected for disposal by an appropriately registered contractor.

Reason: To protect the amenity of the locality and for people living and/or working nearby, in accordance with local planning Policy SRM2 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 (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:

Location Block Plan, Drawing No. 7275 LBP dated April 2022

Existing Plans, Drawing No. 7275 / EX dated April 2022

Proposed Plans, Drawing No. 7275 / 1 / A dated April 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 be as stated on the application form and approved plans 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 ancillary residential accommodation in association with the existing dwelling and shall not be used as a separate dwelling unit.

Reason: In the interests of protecting the character of the area and in the interests of protecting the residential amenities of neighbouring properties and to preclude the creation of a new dwelling within the countryside in accordance with Policies OSS4 and RA3 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.

RM

DECISION: APPROVE (FULL PLANNING)

The proposal was to build an upward extension to the side and rear of a semi-detached cottage located on the east side of Virgins Croft, within the footprint of the existing single-story extension, as well as associated works including new windows and doors.  The application was a resubmission of three similar previously refused and one withdrawn application.  The property was within the development boundary for Battle and within the High Weald Area of Outstanding Natural Beauty (AONB).  The officer’s opinion was that the addition would be prominent, not respect the character or design of the property, would not appear visually subservient to the host building, would have a harmful impact on neighbouring amenities, by loss of light and would be overbearing and the recommendation was for refusal.

The Planning Committee heard from the Applicant’s agent who outlined the Applicant’s local connection to Battle, details of the application including history of other 2-storey extensions to properties within the row of houses (three at present) and materials to be used including solar panels.  Members also heard from the local Ward Member who was supportive of the application.  Comments were also noted from Battle Town Council, as well as the Sussex Newt Officer who had no objection to the application.

After deliberation, the Planning Committee felt that a precedent had already been established, as other properties in the row of houses had 2-storey extensions.  They felt that the proposal was not overly large or an incongruous addition and would appear subservient to the host property.  It was considered that the design would significantly improve the property and enhance the character and appearance of the street scene and scenic beauty within the High Weald AONB.  Therefore, the Planning Committee granted full planning permission in accordance with the approved plans and subject to the inclusion of relevant standard conditions (delegated to officers to consider in consultation with and subject to the agreement of the Vice-Chair) including the use of relevant (in-keeping) materials.

Councillor Curtis moved the motion to APPROVE (Full Planning) and this was seconded by Councillor Mier.  The motion was declared CARRIED (12 for / 1 against / 1 abstention).

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. 2089/01 revision E dated April 2022

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

3.    No development above ground level shall take place until further details of the materials to be used in the construction of the external surfaces of the extension hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the  ...  view the full minutes text for item PL22/44.

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 30 August 2022 at 9:00am departing from the Town Hall, Bexhill.

The next site inspection was scheduled to be held on Tuesday 30 August 2022 at 9:00am departing from the Town Hall, Bexhill.