To authorise the Chair to sign the minutes of the meeting of the Planning Committee held on 22 June 2023 as a correct record of the proceedings.

The Chair was authorised to sign the Minutes of the meeting held on 22 June 2023 as a correct record of the proceedings.

An apology for absence was received from Councillor Mrs M.L. Barnes.

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

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 – Other Registrable Interest as a Member of Westfield Parish Council, elected in May 2023.

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 PERMISSION) subject to conditions.

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:

Proposed site distance & levels plan 20086BX_PL_010_P1 July 2022

Proposed elevation CC2, CC3, DD1&DD2 20086BX_PL_009_P1 July 2022

Proposed elevation & street scene 20086BX_PL_007_P1 July 2022

Proposed roof plan 20086BX_PL_006_ P1 July 2022

Proposed first floor plan 20086BX_PL_005_ P1 July 2022

Proposed ground floor plan 20086BX_PL_004_ P1 July 2022

Proposed lower ground floor plan 20086BX_PL_003_ P1 July 2022

Proposed site plan 20086BX_PL_002_P2      15 June 2023

Location plan 20086BX_PL_001_P1 July 2022

Proposed elevation BB1, BB2, CC1   20086BX_PL_008_P2 July 2022

Elevation BB, CC, DD (combined) 20086BX_PL_011 Rev.P1 July 2022

Tree protection plan 22071-01 Received 26/10/22

Barrell Tree Consultancy: Manual for managing trees on development sites Received 26/10/22

Landscape Strategy JBA 22-239 - SK03 September 2022

Visibility splay assessment and vehicular access tracking 536.0056.001, Rev.C            18/05/2022

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

PRE-COMMENCEMENT CONDITIONS

3.         No development shall take place until a Precautionary Working Methods Statement (PWMS) detailing reasonable avoidance measures for Great Crested Newts has been submitted to and approved by the Local Planning Authority. Works shall be undertaken in accordance with the approved document.

Reason: “To minimise the impacts of development on biodiversity, in accordance with Policy DEN4 of the Development and Site Allocation Plan, Policy EN5 of the Rother District Core Strategy Local Plan, section 15 of the National Planning Policy Framework, Circular 06/2005 and the Natural Environment and Rural Communities Act 2006.”

4.         No development shall take place (including demolition, ground works, vegetation clearance) until a construction environmental management plan (CEMP1) in respect of ecological matters has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall include the following:

a)         site specific surface water pollution mitigation strategy to demonstrate how potential hydrological impacts to Pevensey Levels will be mitigated;

b)         risk assessment of potentially damaging construction activities, including to Pevensey Levels;

c)         identification of “biodiversity protection zones”;

d)         practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements);

e)         the location and timing of sensitive works to avoid harm to biodiversity features;

f)          the times during construction when specialist ecologists need to be present on site to oversee works;

g)         responsible persons and lines of communication;

h)         the role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person; and

i)          use of protective fences, exclusion barriers and warning signs.

Reason:  To ensure that any adverse environmental impacts to the Pevensey Levels-SSSI SAC and Ramsar  site, as a result  ...  view the full minutes text for item PL23/28.

DECISION: DEFERRED TO SEEK FURTHER LEGAL ADVICE CONCERNING THE RELATED SECTION 106 PLANNING OBLIGATION AND TO ENABLE ALL PARTIES TO ENGAGE IN FURTHER DISCUSSION.

The applicant agreed to grant an extension to the time limit in which to determine the planning application to October 2023, in order for the Council to seek further legal advice concerning the related Section 106 Planning Obligation and to enable all parties to engage in further discussion. 

The Director – Place and Climate Change confirmed to Members that the development would continue under the existing Section 106 Planning Obligation, with occupation taking place in accordance with current requirements.

(Councillor Coupar declared an Other Registrable Interest in this matter in so far as she was a Member of Westfield Parish Council elected in May 2023, and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).

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

DECISION: DEFERRED TO SEEK FURTHER LEGAL ADVICE AND TO ENABLE ALL PARTIES TO ENGAGE IN FURTHER DISCUSSION.

RM

DECISION: GRANT (FULL PLANNING) subject to conditions.

This application was previously considered by the Planning Committee on 16 March 2023 and deferred until East Sussex County Council (ESCC) Highways comments had been considered and a speed survey completed.  Should the application be approved, Members also requested that additional conditions be applied regarding light pollution and renewable energy measures.  The traffic survey had been completed.  ESCC Highways had no objections subject to the provision and maintenance of visibility splays and on-site minimum dimension vehicle and cycle parking facilities.

The proposal was for the erection of a new 3-bedroom agricultural dwelling for farmworker(s) with parking provision for two cars.  Acorn Farm (275 hectares) was located to the north of Burwash on the western side of Shrub Lane.  The current agricultural buildings were set back from the road and screened by hedges and trees.  It had been run as an agricultural business since the early 1980s with a mix of cattle and sheep.  The site was located within the High Weald Area of Outstanding Natural Beauty (AONB) and outside the defined development boundary.  Although the proposal did meet policy requirements for a new agricultural dwelling and provide adequate living without harm to neighbouring properties, the officer’s opinion was that it would have a harmful urbanising effect, fail to conserve the landscape and scenic beauty of the High Weald AONB and lead to increased traffic. 

The Planning Committee heard from the Local Ward Members who were supportive of the application.  Consideration was also given to the new evidence provided by ESCC Highways regarding traffic management, visibility splays and parking provision.

After deliberation, the Planning Committee felt that the proposed development complied with Rother Local Plan Core Strategy Policies RA2 General Strategy for the Countryside and RA3 Development in Countryside (iii).  They felt that the site was an ideal location for an agricultural dwelling to support the farm and would not have a harmful urbanising impact on the character, appearance and scenic beauty of the High Weald AONB.  The proposed conditions suggested by ESCC Highways were fully supported.  Therefore, the Planning Committee granted full planning permission subject to the inclusion of relevant standard conditions (delegated to officers to consider in consultation with and subject to agreement of the Chair) including the protection of dark skies / light pollution, use of renewable energy products, where possible and landscaping to include species sympathetic to the particular area of the AONB.

Councillor Bayliss moved the motion to APPROVE (Full Planning) and this was seconded by Councillor Gordon.  The motion was declared CARRIED (14 for / 0 against).

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  ...  view the full minutes text for item PL23/31.

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

The Planning Committee agreed that details were not required regarding the demolition of the premises or restoration of the land.

DECISION: DETAILS NOT REQUIRED

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 raised concerns regarding inconsistent Inspector opinions.  Appeals were reviewed regularly by officers and challenged, if required.

Appeals information would be presented to Members in a different format in the future.

RESOLVED: That the report be noted.

Tuesday 10 October 2023 at 9:30am departing from the Town Hall, Bexhill.

The next site inspection was scheduled to be held on Tuesday 10 October 2023 at 9:30am departing from the Town Hall, Bexhill.