To authorise the Chair to sign the minutes of the meeting of the Planning Committee held on the 13 October 2022 as a correct record of the proceedings.

Subject to the following amendments in respect of Application RR/2022/1784/P – Rother District Council Offices, Town Hall, Bexhill, the Chair was authorised to sign the Minutes of the meeting held on 13 October 2022 as a correct record of the proceedings:

Paragraph 3 (first sentence) be reworded as follows: The Planning Committee heard from a spokesperson on behalf of Bexhill Heritage which was not supportive of the scheme, the Applicant’s Agent, Architect and Sustainability Consultant who provided answers to a number of technical and general questions, as well as both local Ward Members.

Paragraph 4 (fourth bullet point) be reworded as follows: Car Parking: A significant reduction of car parking spaces (currently 96 down to 48); concern was raised that the lack of parking (and disabled parking) would cause displacement in the surrounding residential roads.

An apology for absence was received from Councillor B.J. Drayson.

It was noted that Councillor Langlands was present as a substitute for Councillor Drayson.

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:

Mier                 Agenda Item 8 – Personal Interest as he lived near the site.

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 TEMPORARY PERMISSION FOR UP TO THREE YEARS FROM THE DATE OF THE DECISION SUBJECT TO CONDITIONS REGARDING ANY REPLACEMENT OF THE MOBILE HOME AND AFTER THREE YEARS ALL BUILDING MATERIALS BE REMOVED AND THE LAND RETURNED TO ITS ORIGINAL CONDITION

CONDITIONS:

1.    The development and the material change of use hereby permitted shall be limited to a period of no more than three years from the date of this decision notice. After this date the permitted use shall cease, and the related development permitted be removed and the land made good in accordance with a scheme of work submitted to and approved in writing by the Local Planning Authority prior to the cessation of this temporary planning permission.

Reason: The development is harmful to the landscape and scenic beauty of the High Weald Area of Outstanding Natural Beauty due to the visual intrusion of caravans being uncharacteristic of the locality, contrary to Policy EN1 of the Rother Local Plan Core Strategy and Policy DEN2 of the Rother Development and Site Allocations Local Plan. However, there is currently uncertainty over the deliverability of the allocated gypsy and traveller allocations within the Rother Development and Site Allocations Local Plan. Within the next three years it is anticipated that the Council will adopt a new local plan which will include sufficient allocations for gypsy and traveller sites to fulfil the Council’s objectively assessed needs as set out in the East Sussex Gypsy, Traveller and Travelling Showpeople Accommodation Needs Assessment (2022).

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

Location Plan, Drawing No. 2020-080v1-Location, dated 24/09/21

Existing Block Plan, Drawing No. 2020-080v1-ExistBlock, dated 13/01/22

Proposed Block Plan, Drawing No. 2020-080v1-PropBlock, dated 13/01/22

Caravan Tracking Plan, Drawing No. 2020-080v1-Tracking, dated 24/09/21

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

3.    The site shall not be occupied by any persons other than gypsies and travellers as defined in Annex 1 of DCLG “Planning Policy for Traveller Sites” (revised version published August 2015) and restricted to only Mr Danny Penfold and Mrs Louisa Penfold and their dependants.

When the land ceases to be occupied by those named above, the use hereby permitted shall cease and all caravans, structures, materials and equipment brought on to or erected on the land, and/or works undertaken to it in connection with the use, shall be removed and the land shall be restored in accordance with a scheme and timetable that has first been submitted to and approved in writing by the Local Planning Authority.

Reason: The proposed development is only acceptable due to the personal circumstances of Mr Penfold and Mrs Penfold and their family and their habit of life, which mean that they meet the definition of a “gypsy or traveller” as detailed in Annex 1 of the Planning Policy for Traveller Sites and in accordance with Policies LHN5 and LHN6 of the Rother Local Plan Core Strategy.

4.    The access shall not be  ...  view the full minutes text for item PL22/80.

DECISION: GRANT (FULL PLANNING)

The Planning Committee requested that the developer convert one parking space into a disabled space (via a non-material amendment application) and install EV charging points across the site, where possible.

CONDITIONS:

Condition 2 is varied as follows:

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

662/002 P7 - Proposed Site Plan, dated 07/07/22

662/003 P6 – Proposed Site Plan, dated 18/06/21

662/004 P6 – Roof Plan, dated 07/07/22

662/006 P5 – Site Sections 1-4, dated 07/07/22

662/007 P4 – Site Sections 5-8, dated 07/07/22

662/008 P4 – Site Sections 9-12, dated July 2022

662/021 P3 – House Types 1,3,5,7,9 & 11, dated 07/07/22

662/022 P2 – House Types 13 & 15, dated 6 July 2017

662/023 P2 – House Types 2,4,8 & 10, dated 6 July 2017

662/024 P2 – House Type 6, dated 6 July 2017

662/025 P2 – House Type 12, date 6 July 2017

662/026 P2 – House Type 14, dated 6 July 2017

662/027 P2 – House Types 16, dated 6 July 2017

662/028 P4 – Bin Store 1, dated 07/07/22

662/030 P3 – Detailed Section/Elevation, dated 07/07/22

662/031 P2 – 3D View, dated 8 August 2017

662/303 P2 – Location Plan, dated 26 April 2017

662/304 P5 – Site Location Plan, dated 07/07/22

8330P/301B – Surface Water Drainage Layout, dated 11 July 2017

8330P/302B – Foul Water Drainage, dated 11 July 2017

100 P2 – Proposed Carriageway and Access Alignment, 5 November 2007

Written Scheme of Archaeological Investigation (Chris Butler), dated June 2015

Drainage Strategy and Sustainable Drainage Management and Maintenance Plan (Issue B) – Monson, dated 11 July 2017

Arboricultural Report (Sylvan Arb) Ref SA/91/14, dated 27 June 2014

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

Condition 22 is varied as follows:

22. No part of the development shall be occupied until the car parking spaces have been constructed and provided in accordance with Drawing No 662/003 P6 – Proposed Site Plan, dated 18/06/21. The areas shall thereafter be retained for that use and shall not be used other than for the parking of motor vehicles.

Reason: To ensure the provision of adequate on-site parking that does not prejudice the free flow of traffic or conditions of general safety along the highway in accordance with Policies CO6, TR4 and TR3 of the Rother Local Plan Core Strategy.

Condition 23 is varied as follows:

23. No part of the development shall be occupied until the vehicle turning space has been constructed within the site in accordance with Drawing No 662/003 P6 – Proposed Site Plan, dated 18/06/21. The space shall thereafter be retained at all times for this use only and shall not be obstructed.

Reason: To ensure the provision of adequate turning facilities that do not prejudice the free flow of traffic or conditions of general safety along the highway in accordance with Policies CO6 and TR3 of the Rother Local Plan Core Strategy.  ...  view the full minutes text for item PL22/81.

DECISION: REFUSE (FULL PLANNING)

REASONS FOR REFUSAL:

1.   The proposed holiday let, in terms of size, design and siting, would be detrimental to the character and appearance of the locality creating a new urbanising feature in the open landscape. The proposed holiday let would be tantamount to the creation of a new dwelling in the countryside. The new building and glazing would cause harm to the protected dark night skies of the Area of Outstanding Natural Beauty and adjoining ancient woodland. The holiday let would cause harm to the landscape and scenic beauty of the Area of Outstanding Natural Beauty and it would not conserve the intrinsic value and locally distinctive rural character and landscape features of the countryside. It is contrary to Policies OSS4, RA2, RA3 and EN3 of the Rother Local Plan Core Strategy, Policies DEC2 and DEN2 of the Development and Site Allocations Local Plan, objectives S2 and S3 of the High Weald Management Plan and paragraphs 130 and 176 of the National Planning Policy Framework.

2.   The proposed development would result in the creation of a holiday let on a site that is considered to be in an unsustainable location as future occupiers would be reliant on the use of private vehicles to access the site and local facilities. This would be contrary to Policy TR3 of the Rother Local Plan Core Strategy and paragraphs 8 and 105 of the National Planning Policy Framework.

3.   The proposal would lead to increased traffic hazards on Church Street by reason of the inadequate visibility at the proposed access and would therefore be contrary to polices TR3 of the Rother Local Plan Core Strategy, Policy DHG12 of the Development and Site Allocations Local Plan and paragraph 111 of the National Planning Policy Framework.     

4.   In the absence of any ecology or biodiversity surveys, the potential impacts on ancient woodland and protected species – and whether such impacts can be avoided, mitigated or compensated – cannot be properly considered. It has not been demonstrated that it is unlikely that the development will have an adverse effect on the species and no biodiversity mitigation or enhancement proposals are presented. Therefore, the proposal would conflict with Policy EN5 of the Rother Local Plan Core Strategy and Policy DEN4 of the Development and Site Allocations Local Plan and paragraph 180 of the National Planning Policy Framework.

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 determining the application within a timely manner, clearly setting out the reasons for refusal, thereby allowing the Applicant the opportunity to consider the harm caused and whether or not it can be remedied as part of a revised scheme.g

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 plan:

Site and Location Plans- 03 Rev C, dated January 2022

Proposed Floor Plans and Elevations- 02 Rev B, dated January 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 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/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 and Policy HG9(ii) of the Rother Development and Site Allocations Local Plan.

4.   No development above ground level of the site shall take place until hard and soft landscaping details have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved.

Reason: To enhance the appearance of the development, and to ensure the conservation and enhancement of the characteristics of the area and the High Weald Area of Outstanding Natural Beauty, in accordance with Policies OSS4 (iii), EN1 and EN3 of the Rother Local Plan Core Strategy and Policies DEN1 and DEN2 of the Rother Development and Site Allocations Local Plan.

5.   The dwelling hereby approved shall meet the requirement of no more than 110 litres/person/day water efficiency set out in Part 3 of Schedule 1 of the Building Regulations 2010 (as amended) for water usage. The dwelling hereby permitted shall not be occupied until evidence has been submitted to and approved in writing by the Local Planning Authority to demonstrate that the dwelling has been constructed to achieve water consumption of no more than 110 litres per person per day.

Reason: To ensure that the development is built to acceptable water efficiency standards in line with sustainability objectives and in accordance with Policy SRM2(v) of the Rother District Council Core Strategy 2014 and Policy DRM1 of the Rother Development and Site Allocations Local Plan.

6.   Before occupation of the dwelling hereby approved, the siting and form of bins for the storage and recycling of refuse within the site (internally or externally), and a collection point, shall be submitted to and approved in writing by the Local Planning Authority and the approved details shall be implemented and thereafter continued, with all bins and containers available for use, maintained and replaced as need be.

Reason: To safeguard the  ...  view the full minutes text for item PL22/83.

DECISION: DEFERRED TO CONSULT EAST SUSSEX COUNTY COUNCIL ON THE SOIL MOVEMENT (INCLUDING IMPORTED SOIL) WHICH HAD ALREADY BEEN CARRIED OUT AND A FURTHER ASSESSMENT ON THE IMPACT OF LANDSCAPE CHANGES

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

Improvements were being realised and the backlog of work was reducing which was testament to the hard work of officers, as well as the re-introduction of the pre-application advice service.  Members were advised that there was a backlog within the Planning Inspectorate to determine appeals.  However, as a result of the amount of applications being determined by the Council, it was anticipated that the number of lodged appeals would reduce.

Members would continue to be advised of the outcome of all appeal/enforcement cases.

Income was being realised through the Council’s discretionary services e.g. Planning Performance Agreements.

Focus would continue to manage all cases and monitoring would be ongoing.

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.

RESOLVED: That the report be noted.

Tuesday 13 December 2022 at 9:00am departing from the Town Hall, Bexhill.

The next site inspection was scheduled to be held on Tuesday 13 December 2022 at 9:00am departing from the Town Hall, Bexhill.