To authorise the Chair to sign the minutes of the meeting of the Planning Committee held on the 15 December 2022 as a correct record of the proceedings.

The Chairman was authorised to sign the Minutes of the meeting held on 15 December 2022 as correct record of the proceedings.

An apology for absence was received from Councillor G.F. Stevens

It was noted that Councillor J. Barnes was present as a substitute for Councillor Stevens.

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:

J. Barnes         Agenda Item 9 – Personal and Prejudicial Interest as the Applicant was his daughter.

Mrs Barnes      Agenda Item 9 – Personal and Prejudicial Interest as the Applicant was her daughter.

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: GRANT PLANNING PERMISSION

CONDITIONS:

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

Site Location and Block Plan 3996_10

Block Plan 3996_02

Proposed Floor plan 3996_03 Plot 01

Proposed Floor plan 3996_05 Plot 02

Proposed Carports Floor plan 3996_07

Plot 01 Elevation 3996_04

Plot 02 Elevation 3996_06

Proposed Landscaping and Biodiversity Plan 3996_09

Construction Access Plan TPP-CA-001

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

2.    The proposed development shall be carried out in accordance with the tree protection plans and tree constraints plan, Drawing No. TCP001 and TPP001.

Reason: To ensure the protection and preservation of trees and thus maintain the landscape within the High Weald Area of Outstanding Natural Beauty, in accordance with Policies OSS4 and EN1 of the Rother Local Plan Core Strategy and Policies DEN1 and DEN2 of the Rother Development and Site Allocations Local Plan.

3.    At the time of construction and prior to the first occupation or use of the dwellings hereby approved, the dormer windows at first floor level within the side elevations, as indicated on the approved Drawing Nos. 3996_04 and 3996_06 shall be glazed with obscure glass of obscurity level equivalent to scale 5 on the Pilkington Glass Scale and shall thereafter be retained in that condition.

Reason: To preserve surrounding residential amenity in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy and Policy DHG9(i) of the Rother Development and Site Allocations Local Plan.

4.    No floodlighting or other external means of illumination of the dwellings, external areas or curtilage of the dwellings hereby permitted shall be provided, installed or operated at the site without a separate planning permission.

Reason: To protect the residential amenities of the locality and to protect the special character and dark night skies of the rural area within the High Weald Area of Outstanding Natural Beauty, in accordance with Policies OSS4 (ii and iii), RA2 (viii), RA3 (v) and EN1 (v and vii) of the Rother Local Plan Core Strategy and Policies DEN1, DEN2 and DEN7 of the Development and Sites Allocations Local Plan.

5.    No above ground works shall commence until the following details have been submitted and agreed in writing by the Local Planning Authority. The agreed details shall be implemented in full in accordance with parts (a), (b) and c) of this condition.

a.    A landscaping scheme for the site, incorporating the trees and hedges to be retained, with a schedule of new native plants/trees, noting species, and plant sizes.

b.    The timetable for planting.

c.    Details of biodiversity enhancement measures including bat and bird boxes, reptile and insect housing and a timetable for their installation.

Unless alternative timetables are specifically agreed in writing by the Local Planning Authority the landscaping shall be carried out in its entirety in accordance with the agreed Timetable.

Reason: To ensure that the development reflects, conserves and enhances the landscape character and appearance of this rural site  ...  view the full minutes text for item PL22/102.

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:

Drawing No. 6754 / 22 / LBP / 2 / A, Site Location and Block Plan dated 28.09.22;

Drawing No.6754 / 22 / 5 / B, Proposed Machinery Building dated 21.12.2022;

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

3.    The materials to be used in the replacement of the building hereby permitted shall match in materials, colour and texture those used in the existing building and as specified within the application unless an alternative finish is first submitted to and approved in writing by the local planning authority. The details include the use of roof sheeting and black shiplap cladding to the walls.

Reason: To maintain the rural characteristics and detail of the existing buildings and the rural location within the High Weald AONB, in accordance with Policy OSS4 (iii) and EN1 of the Rother Local Plan Core Strategy and Policy DEN2 of the Rother Development and Site Allocations Local Plan.

4.    No part of the development shall be first occupied until visibility splays of 2.4m x 160m westbound and 2.4m x 215m eastbound have been provided at the proposed site vehicular access onto Powdermill Lane. Once provided the splays shall thereafter be maintained and kept free of all obstructions over a height of 600mm.

Reason: To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway having regard to Policies TR3 and CO6 of the Rother Local Plan Core Strategy.

5.    No external lighting shall be erected at the site unless in accordance with a scheme that has first been submitted to and approved in writing by the Local Planning Authority. Any scheme should comply with the Institution of Lighting Professionals Guidance Note for the reduction of obtrusive light 2011(or later versions). It should be designed so that it is the minimum needed for security and operational processes and be installed to minimise potential pollution caused by glare and spillage.

Environmental Zones

The guidance advises that, where an area to be lit lies on the boundary of  ...  view the full minutes text for item PL22/103.

DECISION: GRANT (LISTED BUILDING CONSENT)

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:

Block Plan – Proposed 22.06.BP01, dated May 2022

Proposed Floor Plans 22.06.PL20A, dated 13.09.22

Basement Plan 22016-01, dated August 2022

Ground Floor Plan 22016-02, dated August 2022

First Floor Plan 22016-03, dated August 2022

Heritage and Design and Access Statement RS22/06.HS.DAS, submitted 23.09.22

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

3.   The materials to be used in the development herby permitted shall be in accordance with that described in the application, unless an alternative finish is first submitted to and approved in writing by the Local Planning Authority.

Reason: To maintain the historical characteristics of the existing building in accordance with Policy EN2 of the Rother Local Plan Core Strategy.

4.   Prior to removal of concrete blocks within the chimney aperture located in the kitchen, 1:10 scale drawings of the chimney as existing and as proposed shall be submitted to the Local Planning Authority for approval. The proposed drawings should include annotations of what works are to be carried out. Annotated photographs can also be submitted to provide additional context. Once approved the works shall be carried out in accordance with the approved plans and retained as such thereafter. 

Reason: To ensure the works are in accordance with HE best practice and reflect the requirements of Policy EN2 of the Rother Local Plan Core Strategy.

(Councillors J. Barnes and Mrs Barnes both declared a Personal and Prejudicial Interest in this matter in so far as the Applicant was their daughter and in accordance with the Members’ Code of Conduct left in the room during the consideration thereof).

Not subject to the Council’s Public Speaking Scheme at Planning Committee.

DECISION: APPROVE MODIFICATION OF THE SECTION 106 PLANNING OBLIGATION:

·         Inclusion of Park Lane Homes (South East) Limited (the Developer) as a party to the Planning Obligation.

·         Removal of Affordable Housing contribution, both on and off site, as the approved development is not viable, or deliverable, to provide the Affordable Housing provision included in the existing Section 106. The application is accompanied by a detailed Viability Assessment produced by Turner Morum dated 14 September 2022 which includes appraisals for policy compliant 40% Affordable Housing, 20% Affordable Housing and wholly Open Market scenarios.

·         Inclusion of new clauses to provide for both early and late stage review mechanisms in relation to viability to ensure the development is brought forward within an agreed timescale (early stage review). A review of actual costs and revenues prior to the occupation of the 15th dwelling (late stage review) and in the event of a “surplus” arising a method for calculating an off-site Affordable Housing contribution. It is proposed the review mechanisms will follow the principals set out in the previous Section 106 agreed with the Council in relation to Application RR/2018/1787/P, which was the subject of Appeal Ref: APP/U1430/W/19/3223824.

·         Removal of the definition of “Parish Land” and the obligation to offer the “Parish Land” to Burwash Parish Council (Schedule 3 Part 4 and Schedule 10) as the Parish Council has previously advised they have no need for the “Parish Land”.

·         Amendment to the Section 106 Plan to remove the identification of the “Parish Land” and amend the route of the Footpath Link to accord with the approved drawings.

·         Timing for the submission of the Specification relating to the Landscape Area and Recreation Land (Schedule 3 Part 2) to be amended to require submission prior to any above ground works being carried out.

·         Inclusion of the updated Ecological Report dated September 2020 and submitted with the Reserved Matters Application RR/2020/1822/P (Schedule 9).

The above minute was amended at the subsequent Planning Committee meeting held on 16 February 2023.

Consideration was given to the report of the Interim Development Manager regarding clarification and proposed changes to the Planning Scheme of Delegation (Part 8 – Delegations to Officers – 3.1 of the Council’s Constitution).

Since August 2020, the Planning Committee had considered several of revisions to the Scheme of Delegations, which included amendments to the call-in procedure, legal obligations, powers in relation to tree works and the Chair of the Planning Committee’s emergency call-in powers.  The report detailed the changes and Appendix 1 attached to the report was the finalised version of the Planning Scheme of Delegation which included all the previously agreed changes, as well as additional amendments proposed by the Interim Development Manager (in agreement with the Chair of the Planning Committee).

The Planning Committee formally approved the Planning Scheme of Delegation with the following amendments and agreed that the Constitution be amended accordingly:

·         reference to Chairman be changed to Chair throughout the document;

·         3.1.3 – Head of Paid Service be replaced with Chief Executive;

·         3.1.6 – last sentence to be reworded “Under the delegated system all applications identified with the (DEL) notification on the weekly list will be dealt with by officers where there are no conflicting views and the matter has not been subject to ‘call-in’ by a Member.”

·         3.1.7 – to be split, 3.1.7 to finish at “if requested by the Ward Member or Chair of the Planning Committee; second part of 3.1.7 to be reworded and renumbered 3.1.8 “Where the time for call-in set out above has expired, a Member may subject to the agreement of the Chair of Planning Committee in agreement with the Development Manager, call-in a planning application where such an application is considered to be controversial or generate significant local interest.  Under exceptional circumstances, the Chair of the Planning Committee will be granted authority to call-in an application, at any time before the Decision Notice is issued after consultation with the local Ward Member(s).  Call-ins’ may not be made under any other circumstances by officers or Members.

·         3.1.14 – remove the wording “and in this regard no investigations shall take place in respect of anonymous complaints”.  Replace “or” with “nor”;

·         3.1.15 – add in reference to Council’s adopted planning policy, guidance and local enforcement plan – officers to reword;

·         3.1.16 – reword “To issue Notices under Powers to require information in relation to the subject land under Section 330 of the Town and Country Planning Act 1990 and to issue Planning Contravention Notices under Section 171C of the Town and Country Planning Act 1990;

·         3.1.22 – delete; and

·         to be renumbered, as appropriate.

RESOLVED: That the Planning Scheme of Delegation as set out at Appendix 1, with agreed amendments be approved and that the Constitution be amended accordingly.

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.

The Development Manager advised that the Fryatts Way – land at, Bexhill (Application No. RR/2021/1656/P) Appeal had been upheld by the Inspector.  A comprehensive discussion ensued on the detail of the appeal, how it was conducted, processes involved, the Inspector’s decision and impact of the decision, which included the Council’s housing land supply etc.

Members requested and it was agreed that a training session be held on the Rule 6 for interested parties involved in an inquiry, for planning appeals and called-in applications.

RESOLVED: That:

1)    the report be noted; and

2)    a training session on the Rule 6 for interested parties involved in an inquiry, for planning appeals and called-in applications be organised.

Tuesday 14 February 2023 at 9:00am departing from the Town Hall, Bexhill.

The next site inspection was scheduled to be held on Tuesday 14 February 2023 at 9:00am departing from the Town Hall, Bexhill.