To authorise the Chair to sign the minutes of the meeting of the Planning Committee held on 20 July 2023 as a correct record of the proceedings.

The Chair was authorised to sign the Minutes of the meeting held on 20 July 2023 as a correct record of the proceedings.

The Chair to ask if any Member present is substituting for another Member and, if so, to declare their name as substitute Member and the name of the absent Member.

Apologies for absence were received from Councillors B.J. Drayson, A.E. Ganly and C. Pearce.

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

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.

There were no declarations of interest made.

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 considered the Planning Case Officer’s report incorporating responses from statutory and non-statutory bodies, heard from speakers for and against the application, including a representative from Catsfield Parish Council, and sought additional information and clarification from the speakers.  After discussion and consideration of the above, the Planning Committee while noting an in-principle support for a high-end tourism facility that would enable investment in the local economy and enable local job creation, felt that the sheer scale of the proposal as such located within a designated Area of Outstanding Natural Beauty (AONB) was counter to local and national planning policy.  The Applicant noted in their response to questions that they did recognise the harm that the application would cause to the character and setting of the AONB and the 1066 County Walk and stated that the beauty of the landscape was the very reason why they had pursued this application within this setting.  They argued that they had moderated the harm and felt that the benefits as tabled by the application outweighed that harm (as required by National Planning Policy Framework (NPPF) paragraph 177).

The Planning Committee noted that this was an outline application, and that the development would come forward through reserved matters as tabled by third-parties as yet unknown.  They noted the overall size and massing of the proposal and questioned how such a substantial development could be integrated into this complex and sensitive landscape setting recognising that the application presented short to long-term irreversible harm to the character and setting of the High Weald AONB.  The Planning Committee felt that on balance, the harm outweighed the potential benefits (as assessed in accordance with NPPF paragraph 177 in the officer report) and the Council’s Local Plan and voted unanimously with the officer’s recommendation to refuse the application.

Following the vote, the Chair, echoing comments made during discussion, thanked officers and the applicant for their courteous and helpful presentations.

DECISION: REFUSE (OUTLINE PLANNING PERMISSION)

Reasons for Refusal:

1.      While acknowledging that the proposed development represents investment in the rural economy and tourism sector, which has policy support, the proposals by reason of the significant quantum of development (c. 70,825sqm of GIA and resident population of c.800 people) would be akin to the development of a new village within the Area of Outstanding Natural Beauty (AONB). Its location does not support sustainable growth, nor does it represent the expansion of an existing, agricultural business / diversification of a land-based rural business. By reason of the scale of development it would result in direct, indirect, and long-term harm to the countryside which would not conserve or enhance the landscape habitat(s), nor the landscape character and scenic beauty of the High Weald AONB. As such the proposals have not been demonstrated to represent ‘exceptional circumstances’ nor have they ‘demonstrated that the development is in the public interest’ when weighed against the three tests set in National Planning Policy Framework (NPPF) paragraph 177 and hence would be contrary to NPPF paragraphs 84,  ...  view the full minutes text for item PL23/39.

Members noted the report of the Development Manager on the performance of the Council’s planning application decisions / targets set against central Government targets, enforcement and appeals performance, as well as a summary of appeals that the Planning Inspectorate had allowed including reasons.

The Development Manager advised that during April to June 2023, the Council handled a total of 477 applications with 279 (235 within timeframe) decisions issued in that period; 88% overall.  The current target of 95% had been recently revised (in agreement with the Chief Executive) to a more realistic / achievable target of 80%.  Therefore, at present, the Council was operating above this target.

It was noted that recruitment issues were still a key factor, and it was suggested that comparable “competitive” salaries with other local authorities should be considered to encourage people to want to work at the Council.  Software issues were also noted; it was suggested that appropriate funding opportunities be explored to upgrade the Council’s antiquated system.

Concern was raised regarding the level of enforcement action taken, particularly with regard to the length of time cases were dealt with.  In order to reduce the level of outstanding cases, it was suggested that external legal resources be appointed to assist with the backlog of work.  The Development Manager advised that legal advice was already sought.  It was considered that persistent offenders should be prosecuted.  It was generally agreed that the Council relied on civic co-operation to report enforcement issues.  Members were encouraged to speak to their constituents to encourage them to log enforcement complaints on the Council’s website. 

It was agreed that, dependent on the number of applications on an Agenda, informal training sessions be held after the Planning Committee meetings.  A separate enforcement matters training session would be organised and all Members be invited to attend.

RESOLVED: That:

1)   the report be noted;

2)   informal training sessions be held after Planning Committee meetings; and

3)   a training session on enforcement matters be organised and all Members be invited to attend.

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.