To authorise the Chair to sign the minutes of the meeting of the Committee held on 12 October 2023 as a correct record of the proceedings.

The Chair was authorised to sign the Minutes of the meeting held on 12 October 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.

An apology for absence was received from Councillor A.E. Ganly.

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

The Director – Place and Climate Change to advise Members of those planning applications on the agenda which have been withdrawn:

RR/2023/1593/P – PARK PALE MEADOW, MOUNTFIELD LANE, MOUNTFIELD

It was noted that the following application was withdrawn from the agenda:

·                     RR/2023/1593/P – Park Pale Meadow, Mountfield Lane, Mountfield

The decision on this application would be delegated to officers.

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:

Bayliss             Agenda Item 7 – Personal Interest as a Cabinet Member at Rother District Council.

                        Agenda Item 12 – Personal Interest as a Cabinet Portfolio Holder for Regeneration and Economic Development at Rother District Council.

                        Agenda Item 13 – Prejudicial Interest as a Cabinet Portfolio Holder for Regeneration and Economic Development at Rother District Council due to pre-determination. 

Creaser           Agenda Item 9 – Personal and Prejudicial Interest as she lived near the site.

Grohne            Agenda Item 11 – Personal Interest as Ward Member for Southern Rother at Rother District Council.

Mier                 Agenda Item 11 – Prejudicial Interest due to a potential appearance of bias.

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 COMPLETION OF A SECTION 106 LEGAL AGREEMENT TO SECURE THE AFFORDABLE HOUSING

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 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. P06 (Proposed Street Elevations Old Lydd Road), dated 05/10/22

No. 014 Rev. P06 (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  ...  view the full minutes text for item PL23/60.

The Planning Committee expressed their disappointed that the application was no longer viable to deliver affordable housing, acknowledged the findings of the independent viability assessment and noted that funding (an agreed offsite contribution) could be secured through a Section 106 Agreement.

DECISION: GRANT (PLANNING PERMISSION) DELEGATED SUBJECT TO VARIATION OF THE SECTION 106 LEGAL AGREEMENT TO SECURE A FINANCIAL CONTRIBUTION IN PLACE OF ONSITE PROVISION OF AFFORDABLE HOUSING

SUBJECT TO CONDITIONS

CONDITION 2 IS VARIED AS FOLLOWS:

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

Proposed Site Layout Plan: Drawing No. 7290/C/L1/C dated June 2022

Proposed Mix plan: Drawing No. 7290/VC/15 rev A dated 19 July 2023

Parking strategy plan: Drawing No. 7290/VC/12 dated November 2022

Fire and access plan: Drawing No. 7290/VC/13 dated November 2022

Proposed Refuse strategy: Drawing No. 7290/VC/14 dated November 2022

Site sections: Drawing No. 7290/VC/20 dated November 2022

Landscaping Plan: Drawing No. 7290/VC/11 dated November 2022

Ecology Plan: Drawing No. 7290/VC/10 dated November 2022

House types:

Plot 1: Drawing No. 7290/C/A1/1/A dated June 2022

Plot 2, 7, 20: Drawing No. 7290/C/A2/1/A dated June 2022 

Plot 3, 23: Drawing No. 7290/C/A3/1/A dated June 2022

Plot 4-6: Drawing No. 7290/C/B1/1/A dated June 2022

Plot 8: Drawing No. 7290/C/C1/1/B dated June 2022

Plot 11: Drawing No. 7290/C/C2/1/B dated June 2022

Plot 14: Drawing No. 7290/C/C3/1/B dated June 2022

Plot 24: Drawing No. 7290/C/C4/1/B dated June 2022

Plot 9-10: Drawing No. 7290/C/D1/1/B dated June 2022

Plot 9-10: Drawing No. 7290/C/D1/2/B dated June 2022

Plot 12-13: Drawing No. 7290/C/D2/1/B dated June 2022

Plot 12-13: Drawing No. 7290/C/D2/2/B dated June 2022

Plot 15-17: Drawing No. 7290/C/E1/1/A dated June 2022

Plot 18-19: Drawing No. 7290/C/F1/1/A dated June 2022

Plot 21-22: Drawing No. 7290/C/G1/1/B dated June 2022

Plot 25: Drawing No. 7290/C/H1/1/C dated June 2022

Plot 26: Drawing No. 7290/C/H2/1/C dated June 2022

Garage Type Y1: Drawing No. 7290/C/Y1/1/B dated June 2022

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

CONDITIONS THAT REMAIN EXTANT:

3.     In part: Development shall not commence until a drainage strategy detailing the proposed means of surface water disposal and an implementation timetable, has been submitted to and approved by the Local Planning Authority in consultation with the Southern Water, the Highway Authority East Sussex County Council and the Lead Local Flood Authority (ESCC - LLFA). The development shall be carried out in accordance with the approved scheme and timetable, so as to be implemented in full prior to the occupation of the dwellings.

(1)   – details approved. 

(2)    A maintenance and management plan for the entire drainage system shall be submitted for the consideration and approval of the Local Planning Authority before any construction commences on site to ensure the designed system takes into account design standards of those responsible for maintenance. The management plan shall cover the following:

a)     This plan shall clearly state who will be responsible for managing all aspects of the surface water drainage system, including  ...  view the full minutes text for item PL23/61.

DECISION: GRANT (PLANNING PERMISSION)

SUBJECT TO CONDITIONS

CONDITION 1 of planning permission RR/2017/2541/P has already been discharged with implementation of the development.

CONDITION 2 IS VARIED AS FOLLOWS

The developmenthereby permitted shall be carried out in accordance with the following approved plans and documents:

Drawing No. 4330-220 Rev.B, Elevations, received 29/01/21

Drawing No. 4330-210 Rev.C, Landscape Plan, dated 12/01/2021

Drainage schedule

Shadow Habitats Regulations Assessment, Revision C, by Greenspace, dated June 2023

Transport Statement by DHA, dated November 2020

Noise Assessment Reports (2), by MRL Acoustics, dated August 2020

6th version of the Long Rake Spar Dust Management Plan of July 2023

Drawing No. LR/017/251, dated 07-12-17

Drawing No. C17002-010 rev. P1, dated 29-11-17

Drawing No. WM/146/502 rev.3, dated 19-03-18

Drawing No. LR/017/500 rev.2, dated 21-03-18

Landscape Statement by Lloydbore Ltd, dated 23/10/2017

Amended grass seed mix by Lloydbore Ltd, submitted with email 04-05-18

Surface Water Management Strategy by Rural Partners Limited, dated November 2017 (subject to the additional drainage details and compliance with conditions 4 and 5 below)

Tidax Drawing No. EMC-2018-006-01, dated 02/03/2018 (surface water drainage design)

Heritage Statement by ASE, version 2, dated September 2017

Planning Statement and Flood Risk Assessment by Rural Partners Limited, dated November 2017

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

CONDITION 3 IS NO LONGER REQUIRED

CONDITION 4 IS SUBJECT TO SEPARATE DISCHARGE AND REAPPLIED

Prior to commencement of works to provide the surface water drainage system, a maintenance and management plan for the lifetime of the development, shall first be submitted to and approved by the Local Planning Authority in consultation with the Lead Local Flood Authority.

Reason:To ensure the provision of a sustainable surface water drainage system and to prevent pollution of controlled waters and harm to the Site of Special Scientific Interest and avoid flood risk elsewhere, in accordance with the National Planning Policy Framework paragraph 167 and 174 and Policies OSS3 (viii), EN5 (ii) and EN7 of the Rother Local Plan Core Strategy and Policy DEN4 and DEN5 of the Development and Site Allocations Local Plan.

CONDITION 5 IS SUBJECT TO SEPARATE DISCHARGE AND REAPPLIED

Prior to occupation of the extensions hereby approved, the surface water drainage design shown on Tidax Drawing No. EMC-2018-006-01, dated 02/03/2018, shall be implemented only in accordance with the approved drawing, unless any alternate details are first submitted to and approved in writing by the Local Planning Authority in consultation with the Lead Local Flood Authority. Prior to occupation of the extensions, evidence (including photographs) of the construction of the drainage system to accord with the approved design details shall be submitted to the Local Planning Authority.

Reason:To ensure the provision of a sustainable surface water drainage system and to prevent pollution of controlled waters and harm to the Site of Special Scientific Interest and avoid flood risk elsewhere, in accordance with the National Planning Policy Framework paragraph 167 and 174 and Policies OSS3 (viii), EN5 (ii) and EN7 of the  ...  view the full minutes text for item PL23/62.

DECISION: DEFERRED TO ALLOW OFFICERS TO EXPLORE THE LEGAL POSITION OF ALLOWING A NEW DWELLING IN A DIFFERENT LOCATION WITH THE EXISTING TO BE DEMOLISHED AND EXTANT PERMISSION FOR A REPLACEMENT TO BE RESCINDED AS PART OF THE PROPOSAL AND FOR THE PLANNING COMMITTEE TO ATTEND A SITE VISIT.

This application would be reconsidered at the Planning Committee meeting scheduled to be held on 14 December 2023.

RM

DECISION: REFUSE (PLANNING PERMISSION)

The Planning Committee had visited the site which was a resubmission of a previously refused application to erect a new single storey 3-bedroomed bungalow accessed via a new driveway off Lower Waites Lane.  The site formed part of the rear garden of Bairnsbourne, was located outside but adjacent to the development boundary for Fairlight Cove and the High Weald Area of Outstanding Natural Beauty, as well as 14.7m outside the coastal zone buffer as identified within the Development and Site Allocations Local Plan.  It was also located within the Fairlight and Pett Level Drainage Area.  The officer’s opinion was that the amended scheme had overcome previous reasons for refusal, that there would be no harm to the stability or drainage or protected species of the area, parking and turning provision had been provided, and it would not cause harm to the character of the local area or the neighbouring amenities.

The Planning Committee heard from two spokespersons representing those objecting to the scheme, a representative on behalf of Fairlight Parish Council that objected to the scheme, the Applicant’s Agent who identified that the Applicants had submitted the application as they wanted to downsize and remain in the village, a representative from LEAP Environment, 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: stability and longevity of the site / property particularly in relation of the cliff edge and erosion; risk / impact to neighbouring properties particularly during construction; drainage (water run-off) / land slippage; location and volume of the attenuation / storage tanks, including the length of time they reached maximum capacity and how much weight they would impose; insufficient ‘desktop’ survey with no in ground analysis; access (single track road with no passing spaces) and limited (tight) parking provision; removal of trees and vegetation; position, appearance and design of the new dwelling (faced the neighbouring property); choice of materials and shallow foundations proposed; potential insurance issues; outside the development boundary; and located near a steep bank and stream.

After deliberation, the Planning Committee felt that the desktop ‘Preliminary Land Stability and Cliff Assessment’ completed by LEAP was insufficient and therefore could not demonstrate the potential adverse effect on the stability of the existing sea cliff, plus the harm it would cause to flooding in the area which would be detrimental to the cliff / sea erosion and neighbouring land, which was contrary to Policy EN7 of the Rother Local Plan Core Strategy, Policies DEN5 and DEN6 of the Development and Site Allocations Plan.  It was considered an inappropriate development within the location particularly regarding the closeness to the coastal zone buffer and cliff edge.  Therefore, the Planning Committee resolved to refuse full planning permission.

Councillor Byrne moved the motion to REFUSE (Full Planning) and this was seconded by Councillor Grohne.  The  ...  view the full minutes text for item PL23/64.

The Chair, in agreement with the Planning Committee re-ordered the agenda, as there was public speaking associated with this application.

DECISION: GRANT (PLANNING PERMISSION) 

SUBJECT TO CONDITIONS:

1.          The ancillary building hereby permitted shall be retained in accordance with the following approved plans and details:

Site Location Plan dated 19 June 2023

Block Plan, scale 1:500, dated 02/02/2023

Corrected/amended floor plan

Corrected/amended elevations

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

2.          The building hereby permitted is permitted solely as additional accommodation for the existing dwelling known as Church Farm Bungalow, Main Street, Beckley TN31 6RS and shall not be occupied by any person who is not a member of the family (as defined by section 186 of the Housing Act 1985 or in any provision equivalent to any re-enactment of that Act) residing in the family dwelling.

Reason: In the interests of protecting the character of the area and to preclude the creation of a new dwelling within the countryside, in accordance with Policies RA3 and OSS4 of the Rother Local Plan Core Strategy and having regard to Policy DHG10 of the Development and Site Allocations Local Plan.

3.          Any existing or proposed external lighting should comply with the Institution of Lighting Professionals Guidance Note for the reduction of obtrusive light 2011(or later versions). It should be designed so that it is the minimum needed for security and operational processes and be installed to minimise potential pollution caused by glare and spillage.  In a rural area this should not exceed 600 lumens as detailed in the table below.

            Environmental Zones

The guidance advises that, where an area to be lit lies on the boundary of two zones or can be observed from another zone, the limits used should be those applicable to the most rigorous zone.

Reason: To prevent light pollution, overspill and obtrusive lighting and in the interests of protecting the dark sky environment and ecology within the countryside of the High Weald Area of Outstanding Natural Beauty, in accordance with Policies OSS4 (iii), RA3 (v) and EN1 (vii) of the Rother Local Plan Core Strategy and Policies DEN2 and DEN7 (ii) of the Development and Site Allocations Local Plan.

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  ...  view the full minutes text for item PL23/65.

The Planning Committee sought clarity that, once demolished, the boundary with the neighbouring properties would be re-established.  Reassurance was given that consideration would be given to the boundary, however detail was not known at the meeting.

DECISION: GRANT (PLANNING PERMISSION)

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:

Drawing No. (00720-PL- 100), dated (July 23)

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

3.          All demolition works shall be carried out in full in accordance with the recommendations of the Demolition Method Statement dated 04/07/2023 and the Asbestos Refurbishment and Demolition Survey for Asbestos Materials dated 2 September 2021.

Reason:To ensure the satisfactory development and appearance of the site and safety of residents and in accordance with Policy OSS4 (ii) (iii) of the Rother Local Plan Core Strategy.

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 assessing the proposal against all material considerations, including planning policies and any representations that have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

(At the commencement of the meeting, Councillor Bayliss had declared a Personal Interest in this matter in so far as she was the Cabinet Portfolio Holder for Regeneration and Economic Development at Rother District Council and had been party to discussions in relation to the future use of this site.  However, Councillor Bayliss had already left the meeting prior to this application being considered).

DECISION: GRANT (PLANNING PERMISSION)

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:

Location Plan- 2215-S4-000, dated 09.10.23

Proposed Site Plan- 2215-S4-001, dated 09.10.23

Proposed Ground Floor Plan- 2215-S4-100, dated 09.10.23

Proposed First Floor Plan- 2215-S4-101, dated 09.10.23

Proposed Roof Plan- 2215-S4-102, dated 09.10.23

Proposed East Elevation- 2215-S4-200, dated 09.10.23

Proposed West Elevation- 2215-S4-201, dated 09.10.23

Proposed Short Elevations- 2215-S4-202, dated 09.10.23

Proposed S-N Section- 2215-S4-300, dated 09.10.23

Proposed W-E Sections- 2215-S4-301, dated 09.10.23

Proposed W-E Sections- 2215-S4-302, dated 09.10.23

Design and Access Statement (Prepared by DK-CM), final issue dated 17.08.23

Flood Risk Assessment for Planning (Prepared by UNDA)- 93150-DKCM-CamberCentralPC, dated July 2023

Preliminary Ecological Appraisal (Prepared by The Ecology Partnership), dated August 2023

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

3.          The materials to be used in the construction of the external surfaces of the development hereby permitted shall be in accordance with that described in the application unless an alternative finish is first submitted to and approved in writing by the Local Planning Authority.

Reason: To maintain the characteristics of the existing building in accordance with Policies OSS4 (iii) of the Rother Local Plan Core Strategy.

4       Traffic Management Plan: no development shall take place, including any ground works or works of demolition, until a Traffic Management Plan has been submitted to and approved in writing by the Local Planning Authority. Thereafter the approved Plan shall be implemented and adhered to in full throughout the entire construction period. The Plan shall provide details as appropriate but not be restricted to the following matters:

i.            The anticipated number, frequency and types of vehicles used during construction.

ii.           Delivery and construction phase working hours.

iii.      The method of access and egress and routing of vehicles during construction.

iv.     The parking of vehicles by site operatives and visitors.

v.      The loading and unloading of plant, materials and waste.

vi.     The storage of plant and materials used in construction of the development.

vii.    The erection and maintenance of security hoarding, including provision to protected identified landscapes.

viii.    The provision and utilisation of wheel washing facilities and other works required to mitigate the impact of construction upon the public highway (including the provision of temporary Traffic Regulation Orders).

ix.     Scheme for the control of noise and dust.

x.      Details of public engagement both prior to and during construction works.

xi.     The erection and maintenance of security hoarding to the Public Right-of-Way to ensure continued safe access to this route during construction.

xii.    The Applicant should detail measures to manage flood risk, both on and off the site, during the construction phase. This may take the form of a  ...  view the full minutes text for item PL23/67.

Tuesday 12 December 2023 at 9:30am departing from the Town Hall, Bexhill.

The next site inspection was scheduled to be held on Tuesday 12 December 2023 at 9:30am departing from the Town Hall, Bexhill.