To authorise the Chair to sign the minutes of the meeting of the Committee held on 1 June 2023 as a correct record of the proceedings.

The Chairman was authorised to sign the Minutes of the meeting held on 1 June 2023 as a correct record of the proceedings.

Apologies for absence were received from Councillors C.A. Bayliss and N. Gordon.

It was noted that Councillors J. Barnes and Coleman were present as a substitute for Councillors Gordon and Bayliss respectively.

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:

Coupar            Agenda Item 8 – Personal Interest as a Governor at Sedlescombe CE Primary School; the school was being offered some land as part of the development.

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.

The Planning Committee was advised that Condition 26 as outlined in the report was no longer required as the internal road was not going to be adopted by East Sussex County Council; it would therefore be removed.

DECISION: GRANT (FULL PLANNING PERMISSION) DELEGATED [SECTION 106 TO SECURE 1) TRANSPORT CONTRIBUTIONS AND OFF-SITE WORKS; 2) LOCAL EMPLOYMENT AND SKILLS PLAN; AND 3) OFF-SITE ENVIRONMENTAL MITIGATION WORKS]

SUBJECT TO 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 Block Plan – Drawing No. 1002 P1, dated 21-12-2022

Proposed Site Plan – Drawing No. 1200 P4, dated 21-12-2022

Proposed Elevations – Light Industrial Units – Block A – Drawing No. 2120 P2, dated 2022-12-21

Proposed Elevations – Light Industrial Units – Block B – Drawing No. 2130 P2, dated 2022-12-21

Proposed Elevations – Light industrial Units – Block C – Drawing No. 2140 P2, dated 2022 -12-21

Proposed Elevation – Medical Centre – Drawing No. 2110 P2, dated 2023-05-04

Proposed GA Plans – Light Industrial Units – Block A – Drawing No. 2020 P1, dated 2022- 12- 21

Proposed GA Plans – Light Industrial Units – Block B – Drawing No. 2030 P1, dated 2022-12-21

Proposed GA Plans – Light Industrial Units – Block C – Drawing No. 2040 P1, dated 2022-12-21

Proposed GA Plans – Medical Centre – Drawing No. 2010 P1, dated 2022-12-21

Proposed Site Sections (AA – BB) Drawing No. 2205 Rev P0, dated 2022-12-21

Proposed Site Sections (CC – DD) Drawing No. 2206 Rev P0, dated 2022-12-21

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

3.        All ecological measures and/or works shall be carried out in accordance with the details contained in the Ecological Impact Assessment (Phlorum, May 2023, Rev2, Ref: 10078), Landscape Masterplan (Lizard, 19.12.2022, Drawing. No: LLD2158-LAN-DWG-010 Rev04) and Defra Excel Biodiversity Metric 4.0 (Phlorum, 01 June 2023, V2) as already submitted with the planning application and agreed in principle with the Local Planning Authority prior to determination. Amongst other things, this includes the requirement for an updated badger survey to inform any further badger mitigation and/or licencing, a bat licence and a great crested newt licence.

Reason: To ensure that the measures considered necessary as part of the ecological impact assessment are carried out as specified, and to provide a net gain for biodiversity as required by paragraphs 174 and 180 of the National Planning Policy Framework, Section 40 of the Natural Environment and Rural Communities Act 2006 and Policy EN5 of Rother’s Core Strategy 2014 and Policy DEN4 of the Development and Site Allocation Local Plan.

Pre-commencement

4.        No development shall commence until a scheme for the provision of  ...  view the full minutes text for item PL23/18.

The Planning Committee was advised that Condition 5 as outlined in the report was no longer required, as it was a partial repeat of Condition 4 which already covered the issue; it would therefore be removed.

DECISION: GRANT (FULL PLANNING) DELEGATED SUBJECT TO COMPLETION OF A SECTION 106 AGREEMENT IN RESPECT OF: on-siteaffordable housing; off-site highway improvements; transfer of land for school playing fields; transfer of land for public open space with commuted sum for maintenance; management of the development area in terms of public areas and drainage.

SUBJECT TO 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:

200529_LP-01 Rev.B dated 03/03/23 (location plan)

200529_SL-01 Rev.U dated 03/03/23 (site layout)

200529_SL-PS Rev.C dated 03/03/23 (parking strategy)

200529_SS-01 Rev.E dated 05/04/23 (street scene/sections A-A & B-B)

200529_SS-02 Rev.B dated 6/10/22 (street scenes/sections C-C & D-D)

LLD2587-ARB-DWG-002 rev.04, dated 13/10/22 (tree retention and protection)

200529_HT-A-EL Rev.A dated 05/04/23 (house type A elevations)

200529_HT-C-EL1 Rev.A dated 05/04/23 (house type C1 elevations)

200529_HT-D-EL Rev.A dated 05/04/23 (house type D elevations)

200529_HT-F-EL Rev.A dated 05/04/23 (house type F elevations)

200529_HT-A-FP dated 08/10/22 (house type A floor plans)

200529_HT-B-EL dated 08/10/22 (house type B elevations)

200529_HT-B-FP dated 08/10/22 (house type B floor plans)

200529_HT-C-EL2 dated 08/10/22 (house type C2 elevations)

200529_HT-C-FP2 dated 08/10/22 (house type C2 floor plans)

200529_HT-C-FP1 dated 08/10/22 (house type C1 floor plans)

200529_HT-D-FP dated 08/10/22 (house type D floor plans)

200529_HT-E-EL dated 08/10/22 (house type E elevations)

200529_HT-E-FP dated 08/10/22 (house type E floor plans)

200529_HT-Ea-EL1 & 2 dated 08/10/22 (house type Ea elevations)

200529_HT-Ea-FP dated 08/10/22 (house type Ea floor plans)

200529_HT-F-FP dated 08/10/22 (house type F floor plans)

200529_HT-G-EL1, 2 & 3 dated 08/10/22 (house type G elevations)

200529_HT-G-FP dated 10/11/22 (house type G floor plans)

200529_AB-SG-01 dated 10/11/22 (garages plans and elevations)

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

3.        No development shall take place until the Applicant has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority.

Reason: The site is located in an area where archaeology has already been found and hence a pre-commencement condition is required to ensure that the archaeological and historical interest of the site is safeguarded and recorded to comply with the National Planning Policy Framework and in accordance with Policy EN2 (vi) of the Rother Local Plan Core Strategy.

4.        No development shall commence until details (including a technical design) of the proposed means of foul sewerage and surface water disposal have been submitted to, and approved in writing by, the Local Planning Authority. (With regard to  ...  view the full minutes text for item PL23/19.

During deliberation, Councillor Ganly moved the motion to refuse granting (Full Planning) citing that the development would cause harm to the landscape of the High Weald Area of Outstanding Natural Beauty.  This was seconded by Councillor Byrne.  The motion was declared LOST (5 for / 7 against / 1 abstention).

Councillor J. Barnes moved the motion to approve granting (Full Planning) for a temporary period of two years.  This was seconded by Councillor Mrs Barnes.  This motion was declared LOST (4 for / 8 against / 1 abstention).

Councillor Coleman moved the motion to approve granting (Full Planning) as per the officer’s recommendation, as detailed within the report with two additional conditions, regarding restrictions on the size of the caravans and Condition 8 to be reworded; delegated to officers to provide the appropriate wording.  This was seconded by Councillor Drayson.  This motion was declared CARRIED (10 for / 3 against).

DECISION: GRANT (FULL PLANNING)

SUBJECT TO CONDITIONS:

1.        The use hereby permitted shall be discontinued, and the caravans removed from the site on or before 22 June 2026.

Reason: The residential use of the site is not considered suitable on a permanent basis in this location due to the harm it causes to the landscape and scenic beauty of the High Weald Area of Outstanding Natural Beauty but is permitted on a temporary basis due to current lack of local provision of Gypsy and Traveller sites. There is also no alternative accommodation for the occupiers to move to and the personal circumstances of the occupiers mean it is in their best interests to remain on the site at the current time. A temporary permission will time limit the harm to the landscape and natural beauty of the High Weald Area of Outstanding Natural Beauty in accordance with Policies EN1(i) and LHN6 of the Rother Local Plan Core Strategy.

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

Location Plan (2022-1321v1-Location dated 4 October 2022)

Block Plan (2022-1321v1-ExistBlock dated 4 October 2022)

Block Plan (2022-1321v1-PropBlock dated 4 October 2022)

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

3.        Within two months of the date of the decision, the site shall be laid out in accordance with the approved block plan (2022-1321v1-PropBlock dated 4 October 2022)

Reason: To protect the ancient woodland adjacent to the site, including any protected species that may be present, from increased disturbance, lighting from the caravans and compaction of the ground where the touring caravans would be stored in accordance with Policies EN1 (vi) and EN5 (viii) (ix) of the Rother Local Plan Core Strategy, Policy DEN4 (ii) of the Development and Site Allocations Local Plan, paragraph 180 of the National Planning Policy Framework, together with standing advice produced by the Forestry Commission and Natural England relating to ancient woodlands.

4.        Within two months of the date of the decision, a soft landscaping scheme for the site shall be submitted  ...  view the full minutes text for item PL23/20.

RM

DECISION: REFUSE (FULL PLANNING)

The Planning Committee had visited the site which sought to convert and extend an existing shed to provide a modest 1-bedroom dwelling for occupation by the Applicant who was a Romany Gypsy, as well as the removal of three metal storage containers and additional landscape planting.  The site, a former vineyard, was located to the northeast side of Pashley Road and accessed via a shared private unmade drive, which served several houses.  The site consisted of an area of hardstanding containing a concrete block building / shed with a corrugated roof and three storage containers.  A public footpath ran along the northern boundary within the site which was separated by a fence.  The site contained hedges and trees with views eastwards.  The site was located outside the development boundary for Ticehurst, as detailed in the adopted Neighbourhood Plan and was within the countryside of the High Weald Area of Outstanding Natural Beauty (AONB). 

The officer’s report outlined the Applicant’s Gypsy and Traveller (G&T) status, personal history, health issues, traffic movements, and referenced details of the Lisa Smith Judgement (protected characteristics under the Equalities Act 2010) which was considered relevant to this application.  The accommodation needs and potential shortfall in supply of compliant and non-compliant Planning Policy for Traveller Sites, identified in the East Sussex Gypsy, Traveller and Travelling Showpeople Accommodation Needs Assessment (2022) within Rother were considered material considerations.  The officer’s opinion was that there would be limited harm to the AONB and that significant weight should be attributed to the Applicant’s personal circumstances, as well as the uncertainty of deliverable allocated G&T sites within the district.

The Planning Committee heard from two spokespersons representing those objecting to the scheme, a representative on behalf of Ticehurst Parish Council that objected the scheme and the Applicant’s Agent, who advised that the Applicant was willing to change some of the application details e.g. materials used etc. if required, as well as one of the local Ward Members.  Consideration was also given to the comments made by the statutory and non-statutory bodies as detailed within the report.

Members asked a series of questions in relation to several issues, these included: G&T status of the Applicant; conversion of a derelict garage; choice of materials and pitched roof; design (substandard) out of keeping with the neighbouring properties; highway safety issues particularly increased traffic movements on a multiple speed limit road, which had minimal footpaths; access entrance on a bend; outside the development boundary; highly visible, particularly from the public footpath; limited amenities within the area and limited public transport services; impact on the High Weald AONB; new permanent dwelling in the countryside (if approved could set precedent for future new build applications in the countryside); site not included within the Ticehurst Neighbourhood Plan; current enforcement proceedings on the site; and local people being disadvantaged.

After deliberation, the Planning Committee felt that the new extended building would be visually intrusive in a rural, countryside setting which would  ...  view the full minutes text for item PL23/21.

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 18 July 2023 at 9:00am departing from the Town Hall, Bexhill.

The next site inspection was scheduled to be held on Tuesday 18 July 2023 at 9:30am departing from the Town Hall, Bexhill.