Venue: Council Chamber, Town Hall, Bexhill-on-Sea
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To authorise the Chairman to sign the minutes of the meeting of the Planning Committee held on the 18 July 2019 as a correct record of the proceedings.
The Chairman was authorised to sign the Minutes of the meeting held on 18 July 2019 as a correct record of the proceedings.
Apologies for Absence
Apologies for absence were received from Committee Members G.C. Curtis, G.F. Stevens and H.L. Timpe and Councillor Mrs E.M. Kirby-Green, Ward Member for Burwash and the Weald, in respect of application numbers RR/2019/1370/P and RR/2019/1271/T.
Disclosure of Interest
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:
J. Barnes Agenda Item 8 (RR/2019/1271/T) – Personal Interest in so far as he was Chairman of the Etchingham Parish Council who owned the land the tree was on and had objected to the application.
Mrs M.L. Barnes Agenda Item 8 (RR/2019/1271/T) – Personal Interest in so far as she was a Member of the Etchingham Parish Council who owned the land the tree was on and had objected to the application.
A.S. Mier Agenda Item 9 (RR/2018/2735/P) – Personal Interest in so far as he was a Member of the Romney Marsh Internal Drainage Board who made comments on the application.
S.M. Prochak Agenda Item 7 (RR/2019/1370/P) – Personal Interest in so far as her husband was Chairman of the local Campaign to Protect Rural England who had made comments on the application.
S.M. Prochak Agenda Item 9 (RR/2018/2735/P) – Personal Interest in so far as she was a Member of the Romney Marsh Internal Drainage Board who made comments on the application.
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 Head of Service Strategy and Planning 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 or reported via the internal-only electronic Notified ‘D’ system by means of providing further information for elected Members. This delegation also allows the Head of Service Strategy and Planning 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)
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 is hereby permitted in accordance with the following approved plans/details:
Site location plan, Drawing No. CL-CVS-1000B, dated May 2019.
Block Plan, Drawing No. CL-CVS-1100A, dated May 2019.
Site plan, Drawing No. CL-CVS-1200, dated May 2019.
Plans and elevations 1, Drawing No. CL-CVS-2000, dated May 2019.
Plans and elevations 2, Drawing No. CL-CVS-2010, dated May 2019.
Reason: For the avoidance of doubt and in the interests of proper planning, as advised in Planning Practice Guidance Paragraph: 022 Reference ID: 21a-022-20140306.
3. The stables and storage buildings hereby permitted shall be used for private equestrian/recreational purposes only and not for any commercial riding, livery use, breeding, training or other business use.
Reason: In the interests of highway safety, to protect the residential amenities of the locality, and to protect the character of the countryside in this Area of Outstanding Natural Beauty (AONB) area, in accordance with Policies OSS4 (ii and iii), RA2 (viii), RA3 (v), and EN1 of the Rother Local Plan Core Strategy 2014 and DaSA Policy DC02.
4. No floodlighting or other external means of illumination of the stables/storage buildings hereby permitted shall be provided, installed or operated at the site.
Reason: To protect the residential amenities of the locality and to protect the special character and dark night skies of the rural area within the High Weald AONB, in accordance with Policies OSS4 (ii and iii), RA2 (viii), RA3 (v) and EN1 (v and vii) of the Rother Local Plan Core Strategy and Development and Site Allocations Policy DC02.
5. No more than three horses shall be kept on the site as outlined in green on the approved plan, drawing no. CL-SVS-1000B, dated May 2019, and no animals other than horses shall be kept on the site.
Reason: To control further development and restrict an intensification of the use of the land in the interests of the character and amenities of the area within the High Weald AONB, in accordance with Policies OSS4 (iii) Rother Local Plan Core Strategy.
6. The use hereby permitted shall be carried out only by Ms Sam Swift only.
Reason: To control further development and in the interests of the character and amenities of the area within the High Weald AONB, in accordance with Policies OSS4 (iii) Rother Local Plan Core Strategy.
7. When the use hereby approved ceases the buildings and hard standing also hereby approved shall be removed from the land and the land restored to its condition before the development took place.
Reason: In the interests of the character and amenities of the area within the High Weald AONB, in accordance with Policies OSS4 (iii) Rother Local Plan Core Strategy.
1. The applicant is advised ... view the full minutes text for item PL19/40.
DECISION: GRANT CONSENT
1. This consent is valid for two years beginning with the date of its grant and the works for which such consent is granted may only be carried out once, in accordance with The Town and Country Planning (Tree Preservation)(England) Regulations 2012.
2. The felling of the oak (T2) is subject to the planting of one hornbeam (Betula carpinus) at least 2m in height which shall be planted in accordance with recognised good practice as set out in BS4428:1989 Code of practice for general landscape operations (excluding hard surfaces) before 31 March 2020 in a position no further than 3m from position of the original oak tree. Any changes to these requirements would have to be agreed in writing by the Local Planning Authority.
3. If within a period of five years from the date of planting the tree (or any other tree planted in replacement of it) is removed, uprooted, destroyed or dies, another tree of the same size and species shall be planted at the same place within the first planting season following removal, uprooting, destruction or death of the original tree.
4. All works shall be carried out in accordance with BS3998:2010 Recommendations for Tree work.
1. You would need to obtain the owner of the tree’s permission to carry out this work to it. It is understood that Etchingham Parish Council will be submitting its own tree works application to work on this oak tree (T5) for the tree’s health and safety. This will include a request to be allowed to undertake extensive crown reduction along with other measures that would be beneficial to both this mature oak and neighbouring properties without danger of incurring the potential of 'heave'. The Council is happy to determine this further application; however the matter would need to be resolved between you and the Parish Council.
(Councillor Barnes declared a personal interest in this matter in so far as he was the Chairman of Etchingham Parish Council and in accordance with the Members’ Code of Conduct remained in the room during the consideration thereof).
(Councillor Mrs Barnes declared a personal interest in this matter in so far as she was a Member of Etchingham Parish Council and in accordance with the Members’ Code of Conduct remained in the room during the consideration thereof, but chose not to vote on the item).
DECISION: REFUSE (FULL PLANNING)
REASONS FOR REFUSAL:
1. The application site is located in the development boundary for Winchelsea Beach, as defined in the Rother District Local Plan 2006. However, Winchelsea Beach is not considered to be an appropriate or sustainable location to retain a development boundary in the emerging Development and Site Allocations Local Plan, which is at an advanced stage of preparation. As such, the proposed development would be at odds with, and harmfully undermine, the spatial strategy for Winchelsea Beach, in conflict with Policy OSS3 (i) of the Rother Local Plan Core Strategy 2014.
2. The application site is located in an area where the degree of accessibility to employment, essential services and facilities by modes of transport other than the private car would be limited. As such, occupiers of the proposed dwellings would be reliant on the private car for transport, which is the least sustainable mode of transport. The site is therefore not a sustainable location for new dwellings and the proposal would not support the transition to a low carbon future, in conflict with Policies OSS3 (v & x) and TR3 of the Rother Local Plan Core Strategy 2014, and the social & environmental objectives of sustainable development, as set out in paragraph 8 of the National Planning Policy Framework.
3. The application site is located within Flood Zone 3, which is defined as having a high probability of flooding from the sea in the Planning Practice Guidance. New development should not be permitted here unless – applying the Sequential Test – it has been demonstrated that it is not possible for the development to be located in a zone with a lower risk of flooding. The Flood Risk Assessment submitted with the application has failed to apply the Sequential Test and so there is uncertainty as to whether development in this area at highest risk of flooding could be avoided. As such, the proposal conflicts with Policy EN7 of the Rother Local Plan Core Strategy 2014 and paragraphs 155 and 158 of the National Planning Policy Framework, which seek to avoid development in areas at highest risk of flooding.
4. The application site lies at the southern end of Winchelsea Beach village in an area of loose-knit and low profile development with mature hedges on both sides of the road. As such, this section of the village is semi-rural in character and appearance. The proposal would result in the removal of existing hedging and trees and would introduce five two-storey dwellings of significant height and bulk onto the site with limited separation between the houses and with individual vehicular accesses onto Pett Level Road. This combination of factors would result in a denser frontage of built development along this section of Pett Level Road, which would be prominent in the street scene and highly visible from the nearby sea wall to the south-east. In terms of their design, the proposed two-storey dwellings are of considerable size and with their flat roofs would appear ... view the full minutes text for item PL19/42.
The Committee considered the report of the Executive Director which detailed a number of proposed operational changes to the Planning Committee for referral to the Overview and Scrutiny Committee, then onward recommendation and approval.
The Head of Service Strategy and Planning advised Members that the proposed changes would also involve changes to the Statement of Community Involvement in addition to the Constitution and Council Practice.
The Head of Service Strategy and Planning led Members through each recommendation and during the discussion the following points were noted:
• audio recordings of Planning Committee meetings would aid transparency;
• interested parties unable to travel to attend could access records of meetings in their entirety;
• audio recordings of all Council meetings could be something to consider in the future;
• limiting non-Planning Committee Members addressing the Planning Committee to five minutes per application would give equality between both parties;
• it was recommended and agreed that the Chairman be given discretion to allow a non-Planning Committee Member to exceed the five minutes if he/she felt it necessary, particularly in the case of the relevant Ward Member;
• on an occasion of a site visit clashing with other responsibilities or a medical emergency, it was unreasonable not to allow voting rights on the relevant application; and
• it was acknowledged that site visits often gave a greater insight into an application and enabled a more informed decision to be made.
RESOLVED: That the following proposed changes to the operation of the Planning Committee be agreed and referred to the Overview and Scrutiny Committee for onward recommendation and approval:
1) the cut off time for any late submissions be 9:00am on the Monday before the Thursday Planning Committee;
2) all meetings of the Planning Committee be audio recorded in their entirety;
3) non-Planning Committee Members addressing Planning Committee be limited to five minutes per application or at the Chairman’s discretion; and
4) attendance at the formal Planning Committee site visits be compulsory for Planning Committee Members in order to be part of the decision making at the subsequent Planning Committee meeting.
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.
To note the date and time for future Site Inspections
Tuesday 10 September 2019 at 8:30am departing from the Town Hall, Bexhill.
Tuesday 10 September 2019 at 8:30am departing from the Town Hall, Bexhill.