To authorise the Chair to sign the minutes of the meeting of the Planning Committee held on the 12 January 2023 as a correct record of the proceedings.

Subject to the following addition in respect of Minute Ref PL22/105, Application No. RR/2022/2376P/P – Strand Meadow – Land to the South West of, Burwash,the Chair was authorised to sign the Minutes of the meeting held on 12 January 2023 as a correct record of the proceedings:

“The Planning Committee listened to the views of the Ward Councillor, Councillor Mrs Eleanor Kirby-Green and discussed the application.  The Planning Committee was unanimously disappointed by the non-viability of any affordable housing on the site particularly as the approved number of houses had increased from 17 to 30 (for viability reasons) since the original application was submitted in 2015.”

Apologies for absence were received from Councillors B.J. Drayson and N. Gordon.

It was noted that Councillors Langlands and J. Barnes were present as substitutes for Councillors Drayson and Gordon respectively.

The Director – Place and Climate Change to advise Members of those planning applications on the agenda which have been withdrawn:

RR/2021/1234/P – 29 SEABOURNE ROAD, LAND AT, BEXHILL

RR/2022/1233/P – CEMETERY LODGE, 250 TURKEY ROAD, BEXHILL

It was noted that the following applications were withdrawn from the agenda:

·        RR/2021/1234/P – 29 Seabourne Road, Land at, Bexhill

·        RR/2022/1233/P – Cemetery Lodge, 250 Turkey Road, Bexhill

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:

Curtis               Agenda Item 9 – Personal Interest as a Member of Catsfield Parish Council.

Madeley          Agenda Item 11 – Personal Interest as she rented a beach hut on Bexhill seafront.

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 (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. 6971/100/LBP/A, dated October 2022

Proposed Sections, Drawing No. 6971 / 100 / 2 / A, dated September 2022

Proposed Elevations and Floor Plans, Drawing No. 6971/100/1, dated May 2022

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

3.    No development above ground level shall take place until details/samples of the materials to be used in the construction of the external surfaces of the dwelling hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reason: To ensure that the development reflects the character and appearance of the locality within the High Weald Area of Outstanding Natural Beauty and to preserve the visual amenities of the area in accordance with Policies EN3 and OSS4 (iii) of the Rother Local Plan Core Strategy and Policy DEN2 of the Development and Site Allocations Local Plan.

4.    No development shall commence until a scheme for the provision of foul and surface water drainage works has been submitted to and approved in writing by the Local Planning Authority and none of the dwellings shall be occupied until the drainage works to serve the development have been provided in accordance with the approved details.

Reason: The details required are integral to the whole development to ensure the satisfactory drainage of the site and to prevent water pollution in accordance with Policies OSS4 (iii) and EN7 of the Rother Local Plan Core Strategy.

5.    No works above ground shall take place until the hard and soft landscaping details for the site have been submitted to and approved by the Local Planning Authority, which shall include:

a)    planting plans;

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

c)    details of lighting that shall comprise downlighting only;

d)    schedules of plants, noting species, plant sizes and proposed

numbers/densities where appropriate;

e)    details of any hard surfacing materials that shall be permeable or porous;

f)     details of bird and bat boxes; and

g)    implementation programme.

All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out in accordance with the approved details.  The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority.

Reason: To enhance and maintain the character and appearance of the locality within the High Weald AONB, in accordance with Policy OSS4 (iii) and EN1 of  ...  view the full minutes text for item PL22/114.

DECISION: REFUSE (FULL PLANNING)

REASONS FOR REFUSAL:

1.    It has not been demonstrated that the existing agricultural enterprise has a functional requirement for a full-time agricultural worker to live on site. In addition, it has not been demonstrated that the agricultural business is financially sound nor that it is forecast to become financially sound and as such it would not have regard to the need for it to fund a full-time agricultural worker’s wage and creation/maintenance of the proposed dwelling. As such, the proposal would result in an unjustified new dwelling in the countryside, in conflict with Policy RA3 (iii) of the Rother Local Plan Core Strategy and paragraph 80 of the National Planning Policy Framework.

2.    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 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.

3.    In the absence of justification for the erection of an agricultural dwelling, the proposed residential use of the site with associated domestic activity and paraphernalia, would have a harmful urbanising effect in the countryside. The proposal as such would be an alien and obtrusive development within the otherwise rural character and appearance of the countryside that would cause harm to the intrinsic landscape and visual appearance of the rural locality, in conflict with Policies OSS3 (vi), OSS4 (iii), RA2 (viii), RA3 (v) & EN1 of the Rother Local Plan Core Strategy, Policies DEN1 and DEN2 of the Development and Site Allocations Local Plan and paragraph 174 of the National Planning Policy Framework.

NOTE:

1.   This refusal of planning permission relates to the following drawings:

Site Plan as Proposed, Drawing No. 113-21-201, dated March 2021

Plans and Elevations as Existing, Drawing No. 113-21-100, dated Jan 2021

Plans and Elevations Proposed, Drawing No. 113-21-200, dated Jan 2021

Planning Statement by Finnis Planning

Appendix 2 – Business Plan

Supporting information – photographs

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 with the proposal and discussing those with the Applicant. However, the issues are so fundamental to the proposal that it has not been possible to negotiate a satisfactory way forward and due to the harm which has been clearly identified within the reasonsfor the refusal, approval has not been possible.

(Councillor Curtis declared a Personal Interest in this matter in so far as he was a Member of Catsfield  ...  view the full minutes text for item PL22/115.

DECISION: GRANT (FULL PLANNING) 

CONDITIONS:

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

Site Location Plan with huts labelled East Parade received 20-12-22

Block Plan received 20-12-22

Floor and Elevation Plan of beach hut received 20-12-22

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

2.  The beach huts shall be used for daytime private recreational purposes only and, in particular, not for overnight sleeping accommodation.

Reason:  To preserve the visual amenities of the locality in accordance with Policy OSS4 (iii) of the adopted Rother Local Plan Core Strategy and Policy DEN1 of the adopted Development and Site Allocations Local Plan. 

3.   The external walls of the beach huts shall be coloured white within one month of their erection and maintained in that condition and in a good state of repair thereafter.

Reason: To preserve the visual amenities of the locality in accordance with Policy OSS4 (iii) of the adopted Rother Local Plan Core Strategy and Policy DEN1 of the adopted Development and Site Allocations Local Plan. 

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.

(When it first became apparent, Councillor Madeley declared a Personal Interest in this matter in so far as she rented a beach hut on Bexhill Seafront and in accordance with the Members’ Code of Conduct remained in the room during the consideration thereof).

DECISION: GRANT (FULL PLANNING)

CONDITIONS:

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

Site Location Plan dated 19 December 2022

Block Plan received 20-12-22

Floor and Elevation Plan of beach hut received 20-12-22

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

2.  The beach huts shall be used for daytime private recreational purposes only and, in particular, not for overnight sleeping accommodation.

Reason: To preserve the visual amenities of the locality in accordance with Policy OSS4 (iii) of the adopted Rother Local Plan Core Strategy and Policy DEN1 of the adopted Development and Site Allocations Local Plan. 

3.  The external walls of the beach huts shall be coloured white within one month of their erection and maintained in that condition and in a good state of repair thereafter.

Reason: To preserve the visual amenities of the locality in accordance with Policy OSS4 (iii) of the adopted Rother Local Plan Core Strategy and Policy DEN1 of the adopted Development and Site Allocations Local Plan. 

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.

Consideration was given to the report of the Director – Place and Climate Change on the planning statistics for the quarter October to December 2022 which included a summary of planning statistics for 2020/23.

The number of appeals and outstanding applications had reduced.  Procedures for processing applications were on target and focus would continue to manage all cases.  Monitoring would be ongoing.

Members paid tribute to the Development Manager and his Team for their hard work in processing applications and delivering a stable service.

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.

Members would continue to be advised of the outcome of all appeal cases. It was acknowledged that the re-introduction of the Council’s Pre-Application Advice attributed towards the continued reduction of appeals.  To aid understanding and for learning purposes, an annual end of year summary would be produced of all Planning Inspectorate appeal decisions (allowed and dismissed); a copy would be forwarded to Members for information.

It was confirmed that a timetable would be assigned and received for those Appeals that had been started.

Members requested and it was agreed that a training session on planning appeals be held.  To fully appreciated and understand the entire appeals process, Members were encouraged to attend an Appeal Hearing/Inquiry.

RESOLVED: That:

1)    the report be noted; and

2)    a training session on planning appeals be organised.

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

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

The Chair advised that this would be Councillor Norton’s last meeting as a Member of the Planning Committee and on behalf of the Planning Committee he thanked him for his contribution.