To authorise the Chair to sign the minutes of the meeting of the Planning Committee held on the 16 February 2023 as correct record of the proceedings.

The Chairman was authorised to sign the Minutes of the meeting held on 16 February 2023 as a correct record of the proceedings.

Apologies for absence were received from Councillors G.C. Curtis, B.J. Drayson and Rev. H.J. Norton.

It was noted that Councillors J. Barnes, Mrs Cook and Langlands were present as substitutes for Councillors Curtis, Norton and Drayson respectively.

The Chairman welcomed Kirsty Cameron the Planning Lawyer assigned to Rother Planning and also the new Development Manager Kemi Erifevieme. He also took the opportunity to thank Simon Richards the Conservation Officer and Clare Gibbons the Team Leader, who were leaving the Authority, for all their hard work.

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:

Langlands        Agenda Item 12 – Disclosable Pecuniary Interest as she owned a flat on the site and her husband was 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.

DECISION: GRANT (PLANNING PERMISSION) DELEGATED SUBJECT TO THE COMPLETION OF A SECTION 106 LEGAL AGREEMENT TO SECURE THE AFFORDABLE HOUSING

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:

No. 001 Rev. P02 (Site Location Plan), dated 01/06/21.

No. 003 Rev. P10 (Proposed Site Plan), dated 10/10/22.

No. 004 Rev. P04 (Proposed Plans & Elevation Unit Type A), dated 06/10/22.

No. 005 Rev. P04 (Proposed Plans & Elevation Unit Type B), dated 06/10/22.

No. 006 Rev. P04 (Proposed Plans & Elevation Unit Type C), dated 06/10/22.

No. 007 Rev. P04 (Proposed Plans & Elevation Unit Type D), dated 06/10/22.

No. 008 Rev. P03 (Plots 1-4 Proposed Elevations Unit Type A), dated 05/10/22.

No. 009 Rev. P03 (Plots 1-4 Proposed Elevations Unit Type A), dated 05/10/22.

No. 010 Rev. P03 (Plot 5 Proposed Elevations Unit Type B), dated 05/10/22.

No. 011 Rev. P03 (Plot 7 9 and 6 8 10 Proposed Elevations Unit Type C and D), dated 05/10/22.

No. 012 Rev. P01 (Proposed Street Elevations Merchant Drive), dated 05/10/22.

No. 013 Rev. P05 (Proposed Street Elevations Old Lydd Road), dated 05/10/22.

No. 014 Rev. P05 (Proposed Street Elevations Old Lydd Road), dated 05/10/22.

No. 015 Rev. P01 (Proposed Street Elevations Royal William Square), dated 05/10/22.

No. 016 Rev. P02 (Proposed Site Block Plan), dated 10/10/22.

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

3.      No development hereby permitted shall commence until a scheme for the provision of foul water drainage works has been submitted to and approved in writing by the Local Planning Authority and no dwelling shall be occupied until the approved drainage works to serve the development have been provided.

Reason: This pre-commencement condition is required to ensure the satisfactory drainage of the site and to safeguard the environment (including the nearby designated sites of importance for biodiversity) from pollution, in accordance with Policies SRM2 (i) and EN5 (ii) of the Rother Local Plan Core Strategy 2014 and Policies DEN4 (ii) and CAM1 (vi & vii) of the Development and Site Allocations Local Plan 2019.

4.      No development hereby permitted shall commence until details of a surface water drainage scheme have been submitted to and approved in writing by the Local Planning Authority. The drainage scheme shall be designed having regard to the following:

a)          Surface water runoff from the proposed development should be drained to the ground via infiltration. Evidence of this (in the form of hydraulic calculations) should be submitted with the detailed drainage drawings. The hydraulic calculations should take into account the connectivity of the different surface water drainage features.

b)          The details of the proposed permeable pavement and infiltration trench should be provided as part of the detailed  ...  view the full minutes text for item PL22/125.

The Planning Committee unanimously expressed their frustration and disappointment that the provision of affordable housing would no longer be provided, since approval in November 2018.  An independent review carried out on behalf of the Council demonstrated that the site was now unviable to provide affordable housing.  Members were advised that this was attributed to the current global and national economic conditions, particularly in respect of increased construction costs and reduced property values.

In general, Members were continually frustrated and felt that “they had their hands tied behind their backs” regarding developments that were being re-presented to the Planning Committee as a result of the affordable housing provision rendering applications unviable.  It was difficult to refuse these applications, as the Council’s current 5-year housing land supply had reduced to 2.79 years.

Planning committee asked that the Policy Manager be asked to ensure that a policy be included in the next Local Plan to ensure that all applications subject to a viability assessment have a review clause to claw back any potential affordable housing contribution after a development is complete.

DECISION: GRANT FULL PLANNING PERMISSION SUBJECT TO CONDITIONS

CONDITIONS:

The following conditions remain extant:

3.      The development hereby permitted shall take place not later than two years from the date of approval of the last of the reserved matters to be approved.

         Reason: In accordance with section 92 of the Town and Country Planning Act 1990 (as amended by section 51 of the Planning and Compulsory Purchase Act 2004).

13.    No part of the development hereby approved shall be occupied until the Residential Travel Plan prepared by RGP dated November 2016, reference PKLG/16/3286/TP02, submitted with the application, has been brought into effect and retained thereafter together with a scheme for providing the Travel Plan Coordinator with funding in accordance with paragraph 5.1.3 of the Residential Travel Plan.

Reason: To encourage and promote sustainable transport.

4.      The access to the development hereby permitted shall be carried out in accordance with the following approved plans: Location plan 4377/LP dated November 2016 and Extent of Proposed Access plan 2016/3286/010 dated October 2018.

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.

6.      No other development shall take place until the highway improvements  comprising the site access, visibility splays and right turn lane as shown in approved RGP Drawing No. 2016/3286/010 dated October 2018 have first ben provided for construction traffic use and no part of the development shall be occupied for its permitted use until all other highway improvements shown on the approved drawing including the footway extension and uncontrolled pedestrian crossing have been completed and made available for public use. The access shall be retained available for use thereafter.

Reason:  To ensure the free flow and safety of traffic.

The details submitted in respect of Conditions, 9, (submitted under the associated Reserved Matter application RR/2020/1410/P) has been partially approved with the exception of the management and maintenance section. Therefore,  ...  view the full minutes text for item PL22/126.

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

Location Plan, Drawing No. 19-151-001-P02, dated 05/05/22

Existing Site Plan 1, Drawing No. 19-151-002-P02, dated 05/05/22

Existing Site Plan 2, Drawing No. 19-151-003-P02, dated 05/05/22

Existing Plans & Elevations, Drawing No. 19-151-004-P02, dated 05/05/22

Proposed Block Plan, Drawing No. 19-151-005-P03, dated 05/05/22

Proposed Floor Plans, Drawing No. 19-151-007-P04, dated 30/01/2022

Proposed Elevations, Drawing No. 19-151-008-P06, dated 30/01/2022

Proposed Sections, Drawing No. 19-151-009-P03, dated 05/05/22

Tree Survey Plan, Drawing No. West/Cem/22/010, dated Feb 2022

Tree Protection Plan, Drawing No. SAN/RTW/22/011, dated April 2022

Arboricultural Report, prepared by Landvision Landscape Architects, dated April 2022

Drainage Strategy, ref. E8572 RE001 B, dated April 2022

Schematic Drainage Layout ref: E8572 201 P1, dated 06/04/2022

Preliminary Ecological Appraisal, prepared by Ecology Works Ltd, dated December 2022

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

3.        No development shall take place (including any demolition, ground works, site clearance) until a method statement for the protection of i) retained habitat and ancient woodland, ii) hazel dormice, iii) reptiles, iv) badgers, and v) breeding birds has been submitted to and approved in writing by the Local Planning Authority. The content of the method statement shall include the:

a)        purpose and objectives for the proposed works;

b)        detailed design(s) and/or working method(s) necessary to achieve stated objectives (including, where relevant, type and source of materials to be used);

c)        extent and location of proposed works shown on appropriate scale maps and plans;

d)        timetable for implementation, demonstrating that works are aligned with the proposed phasing of construction;

e)        persons responsible for implementing the works;

f)         initial aftercare and long-term maintenance (where relevant); and

g)        disposal of any wastes arising from the works.

The works shall be carried out in accordance with the approved details and shall be retained in that manner thereafter.

Reason: To protect habitats and species identified in the ecological surveys from adverse impacts during construction and to avoid an offence under the Wildlife and Countryside Act 1981, as amended and The Conservation of Habitats and Species Regulations 2017, as amended and in accordance with Policy EN5 of the Rother Local Plan Core Strategy and Policy DEN4 of the Development and Site Allocations Local Plan.

4.        No development shall take place until an Ecological Design Strategy (EDS) addressing mitigation and compensation for the loss of semi-natural habitat, and enhancement measures to provide biodiversity net gain, to include the recommendations in the Preliminary Ecological Appraisal (Ecology Works, December 2022) has been submitted to and approved in writing by the Local Planning Authority. The EDS shall include the following:

a)        purpose  ...  view the full minutes text for item PL22/127.

DECISION: DEFERRED FOR FURTHER INFORMATION TO ADDRESS EAST SUSSEX COUNTY COUNCIL HIGHWAYS COMMENTS (A SPEED SURVEY TO BE COMPLETED), TO INCLUDE A CONDITION TO RESTRICT LIGHT POLLUTION AND POTENTIAL FOR RENEWABLE ENERGY MEASURES

During the discussion, the Planning Committee requested that the Applicant  complete a speed survey of Shrub Lane and provide details of how the visibility splay issue would be addressed and recommended that the Applicant considered the addition of including renewable energy and dark sky measures e.g. solar PV, battery storage and air source heating smart glazing and electrochromic glass within their application.  It was also suggested that a further condition be added to restrict outside lighting to protect the dark skies.

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 documents:

Existing Block Plan – 6901/EX, dated June 2021

Amended Proposed Block Plan – 6901/22/LBP/E, revised 12/1/23

Amended Site Plan – 6901/22/3/I, revised 12/1/23

Shepherds Hut Elevations/Floor Plans – 6901/22/2/A, dated 11/7/22

Planning Statement

Arboricultural Impact Assessment – dated October 2022

Preliminary Ecological Appraisal – dated 4/11/22

Flood Risk Assessment – dated 26/1/23

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

3.          The development hereby permitted shall only be used as tourist accommodation and occupied for that purpose only and none of the buildings shall be occupied as a person’s sole or main place of residence.

Reason: To ensure that the approved holiday accommodation is not used for unauthorised permanent residential occupation in accordance with Policies OSS4 (iii) EC6 and RA3 (v) of the Rother Local Plan Core Strategy and Policies DEN1, DEN2 and DEC2 of the Development and Site Allocations Local Plan.

4.          The holiday let units shall not be occupied for more than 56 days in total in any calendar year by any one person.

Reason: To ensure that the approved holiday accommodation is not used for unauthorised permanent residential occupation in accordance with Policies OSS4 (iii) EC6 and RA3 of the Rother Local Plan Core Strategy and Policy DEC2 of the Development and Site Allocations Local Plan.

5.          The owners/operators shall maintain an up-to-date register of the names of all owners and/or occupiers of individual shepherds hut on the site, and of their main home addresses, and shall make this information available at all reasonable times to the Local Planning Authority.

Reason: To ensure that the approved holiday accommodation is not used for unauthorised permanent residential occupation in accordance with Policies OSS4 (iii) EC6 and RA3 of the Rother Local Plan Core Strategy.

6.          The development hereby approved shall operate a restricted season between the months of March and October and the holiday units shall not be occupied outside of these months.

Reason: To ensure that the risks of potential flood impacts on the users of the site would be minimised in accordance with Policy EN7 of the Rother Local Plan Core Strategy.

7.          No floodlighting or other external means of illumination of the huts shall be provided, installed or operated at the site without further planning permission.

Reason: To safeguard the special character of the rural area within the High Weald Area of Outstanding Natural Beauty in accordance with Policies OSS4 (iii) and EN1 of the Rother Local Plan Core Strategy.

8.          No development above ground level shall take place on any part of the site until the soft landscaping details  ...  view the full minutes text for item PL22/129.

DECISON: DEFERRED TO ALLOW THE PLANNING COMMITTEE TO ATTEND A SITE VISIT WITH THE TREE PLANNING OFFICER

(Councillor Langlands declared a Disclosable Pecuniary Interest in this matter in so far as she owned a flat on the site and her husband was the Applicant and in accordance with the Members’ Code of Conduct left in the room during the consideration thereof).

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 Interim Development Manager advised that the Villa Flair, Union Street, Flimwell, Ticehurst (Application No. RR/2021/2804/P) Appeal had been upheld by the Inspector and the Council would not be liable for costs.

The level of appeals being lodged was reducing; this was attributed to planning applications being processed within target timescales and the Planning Inspectorate reducing the back-log of outstanding appeals.

RESOLVED: That the report be noted.

Tuesday 11 April 2023 at 9:00am departing from the Town Hall, Bexhill.

The next site inspection was scheduled to be held on Tuesday 11 April 2023 at 9:00am departing from the Town Hall, Bexhill.