To authorise the Chair to sign the minutes of the meeting of the Planning Committee held on the 7 September 2023 as a correct record of the proceedings.

The Chair was authorised to sign the Minutes of the meeting held on 7 September 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 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 Items 7 & 8 – Personal 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.

Councillor Ganly requested that a recorded vote be taken.  This was seconded by Councillors Byrne, Gordon and Grohne.

In accordance with Council Procedure Rule 17.5(b) a vote by roll call for the Motion was taken.

FORthe Motion (10): C.A. Bayliss, T.J.C. Byrne, F.H. Chowdhury, C.A. Creaser, B.J. Drayson, P.J. Gray, T.M. Killeen, A.S. Mier, C. Pearce and J. Stanger.

AGAINST the Motion (4): J. Barnes, A.E. Ganly, N. Gordon and T.O. Grohne.

The Motion being put forward was declared CARRIED.

DECISION: GRANT VARIATION OF CONDITION 1 OF RESERVED MATTERS APPROVAL RR/2017/1293/P (APPROVED PURSUANT TO OUTLINE PLANNING PERMISSION RR/2009/322/P) TO AMEND THE TENURE MIX TO DELIVER A 100% AFFORDABLE HOUSING SCHEME, AND VARIATION OF CONDITION 6 OF RESERVED MATTERS APPROVAL TO REFER TO THE NEW SITE PLAN - DELEGATED SUBJECT TO COMPLETION OF ASSOCIATED DEED OF VARIATION

SUBJECT TO CONDITIONS:

CONDITION 1 OF RESERVED MATTERS APPROVAL RR/2017/1293/P (APPROVED PURSUANT TO OUTLINE PLANNING PERMISSION RR/2009/322/P) IS VARIED AS FOLLOWS:

1.        The development hereby permitted shall be carried out in accordance with the following approved drawings and document:

Drawing No. 11.361/07, dated January 2014, as approved under outline planning permission RR/2009/322/P.

Drawing No. 6775/1/E (PROPOSED SITE PLAN), dated 21.04.23.

Drawing No. 3016:02 Revision E (Site Sections), dated 16:01:18.

Drawing No. 3016:03 Revision A (House types 1), dated 02:08:17.

Drawing No. 3016:04 Revision A (House types 2 detached), dated 02:08:17.

Drawing No. 3016:05, dated 27:08:17.

Drawing No. 3016:06 (House types 3), dated 27:08:17.

Drawing No. 6775/T4/C (HOUSE TYPE 4 - 3B6P), dated FEB 21.

Drawing No. 3016:08 Revision A (House types 5), dated 27:08:17.

Drawing No. 3016:09 Revision B (M4 (3) Bungalow), dated 06:11:17.

Drawing No. 3016:10 Revision B (Flat Types 8, 9, 10, 12, 13 & 14), dated 05.03.18.

Drawing No. 3016:12 (Refusal and cycle storage details), dated 28:07:17.

Drawing No. 17362-5-SK001-E (PROPOSED LEVELS STRATEGY), dated 27.09.2018.

Drawing No. 17362-5-SK003-E (REFUSE VEHICLE TRACKING), dated 30.05.18.

Drawing No. MAT19812 11D Sheet 1 (Landscape Proposals), dated 10.09.18.

Drawing No. MAT19812 11D Sheet 2 (Landscape Proposals), dated 10.09.18.

ACD ENVIRONMENTAL SOFT LANDSCAPE SPECIFICATION (Document File Ref: MAT19812 spec), dated June 2017.

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

CONDITION 2 OF RESERVED MATTERS APPROVAL RR/2017/1293/P (APPROVED PURSUANT TO OUTLINE PLANNING PERMISSION RR/2009/322/P) NO LONGER HAS EFFECT AND IS NOT REIMPOSED.

CONDITION 3 OF RESERVED MATTERS APPROVAL RR/2017/1293/P (APPROVED PURSUANT TO OUTLINE PLANNING PERMISSION RR/2009/322/P) NO LONGER HAS EFFECT AND IS NOT REIMPOSED.

CONDITION 4 OF RESERVED MATTERS APPROVAL RR/2017/1293/P (APPROVED PURSUANT TO OUTLINE PLANNING PERMISSION RR/2009/322/P) CONTINUES TO HAVE EFFECT AND IS REIMPOSED:

4.        No surface water shall drain onto the public highway.

         Reason: To avoid prejudice to road safety, in accordance with Policy CO6 (ii) of the Rother Local Plan Core Strategy.

CONDITION 5 OF RESERVED MATTERS APPROVAL RR/2017/1293/P (APPROVED PURSUANT TO OUTLINE PLANNING PERMISSION RR/2009/322/P) CONTINUES TO HAVE EFFECT AND IS REIMPOSED:

5.        The access shall have maximum gradients of 4% (1 in 25) / 2.5% (1 in 40) from the channel line, or for the  ...  view the full minutes text for item PL23/46.

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

DECISION: APPROVE MODIFICATION OF THE SECTION 106 PLANNING OBLIGATION DELEGATED SUBJECT TO COMPLETION OF DEED OF VARIATION

REASON FOR RECOMMENDATION: In accordance with Section 106A(6)(c) of the Town and Country Planning Act 1990, the Local Planning Authority has determined that the Planning Obligation continues to serve a useful purpose, and that it will serve that purpose equally well subject to the modifications specified in the application.

(Councillor Coupar declared a Personal 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).

The Planning Committee agreed that this application be deferred subject to the end of the consultation period on 13 October 2023, to allow all potential comments received to be considered.

DECISION: DEFERRED SUBJECT TO THE END OF CONSULTATION PERIOD ON 13 OCTOBER 2023, TO ALLOW ALL POTENTIAL COMMENTS RECEIVED TO BE CONSIDERED

DECISION: GRANT (FULL PLANNING)

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 Drawing No. 6754/22/LP/A, dated Jun 22

Block Plan Drawing No. 6754/22/BP, dated May 2022

Site Layout Drawing No.6754/22/2/C, dated Jul 22

Landscape Masterplan Phase 2 Drawing No. 3025-APA-ZZ-OO-LA-L-1000 rev P3, dated 17/11/22

Toilet/Shower Block Drawing No. 6754/101/1, dated September 2021

Refuse and Cycle Storage Drawing No. 6754/RS2/A, dated Jun 22

Refuse and Cycle Storage Drawing No. 6754/R+CS/A, dated Jun 22

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

3.        Within seven months of the date of this permission, by 12 May 2023, all caravans of whatever sort shall be removed from the field area north of footpath 15a and the overflow car park and landscaping of that area shall be implemented upon removal or within the next planting season, in accordance with the approved plans, Drawing No. 6754/22/2/C, dated Jul 22 and Drawing No. 3025-APA-ZZ-OO-LA-L-1000 rev. P3, dated 17/11/22.

Reason: To ensure removal of caravans potentially in breach of the Enforcement Notice on the site and improve the character and appearance of the site and thus enhance the landscape of the High Weald Area of Outstanding Natural Beauty having regard to Policy EN1 of the Rother Local Plan Core Strategy and Policies DEN1 and DEN2 of the Development and Site Allocations Local Plan.

4.        Prior to commencement of the use of the camping areas or overflow car park hereby approved, full details of the landscaping for the site in accordance with the approved Landscape Masterplan Phase 2, shall be submitted to and approved in writing by the Local Planning Authority. The details shall include:

a)        indications of all existing trees and hedgerows on the land including details of those to be retained, together with measures for their protection in the course of development;

b)        planting plans;

c)        written specifications (including cultivation and other operations associated with plant and grass establishment);

d)        schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; and

e)        implementation programme (all tree and hedge planting to be undertaken as soon as possible and before 31 December 2024).

All landscape works shall be carried out in accordance with the approved details and in accordance with the programme agreed with the Local Planning Authority and if within a period of 10 years from the date of the planting any tree or plant, it is removed, uprooted, destroyed or dies, [or becomes, in the opinion of the Local Planning Authority, seriously damaged or defective] another tree or plant of the same species and size as that originally planted shall be planted at the same place, unless  ...  view the full minutes text for item PL23/49.

It was noted that the description of development had been amended, such that the access was now also ‘proposed’ and stated: Outline application for Proposed residential development of 3 No. dwellings.  All matters reserved.

During deliberation, Councillor Bayliss moved a motion to defer the application until the Planning Committee had attended a site visit.  This was seconded by Councillor Byrne.  The motion was declared LOST (6 for / 8 against).

Councillor Stanger moved the motion to approve granting (Outline Planning) as per the officer’s recommendation, as detailed within the report.  This was seconded by Councillor Drayson.  This motion was declared CARRIED (8 for / 2 against / 4 abstention).

DECISION: GRANT (OUTLINE PLANNING)

SUBJECT TO CONDITIONS:

1.      Approval of the details of layout, appearance, landscaping and scale (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before development commences on each phase of the development.

         Reason: In accordance with the requirements of Article 4(1) of the Town and Country Planning (Development Management Procedure) Order 2010.

2.      Plans and particulars of the reserved matters referred to in Condition 1 above shall be submitted in writing to the Local Planning Authority and shall be carried out as approved.

         Reason: In accordance with the requirements of Article 4(1) of the Town and Country Planning (Development Management Procedure) Order 2010.

3.      Application for approval of all the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

Reason: In accordance with Section 92 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

4.      The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

Reason: In accordance with Section 92 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

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

Location Block Plan- 7623/LBP, dated 29.03.23

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

6.      Pursuant to Condition 1, details shall be submitted of the finished ground floor levels for any building(s) on the site in relation to existing and proposed site levels, the adjacent road and adjacent properties, together with details of levels of all accesses, to include pathways, driveways, steps and ramps. Any development shall subsequently be carried out in accordance with the approved details.

         Reason: To protect the character and appearance of the locality and the living conditions of occupants of neighbouring properties in accordance with Policy OSS4 (ii) and (iii) of the Rother Local Plan Core Strategy and Policy DEN1 of the Development and Site Allocations local Plan.

7.      The soft  ...  view the full minutes text for item PL23/50.

DECISION: GRANT FULL PLANNING

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 Location Plan 52105-P-01A, dated 27/07/23

Proposed Block Plan, Drawing No. 52105-P-03 dated 27.07.23

Proposed Elevations, Drawing No. 52105-P-60 rev B, dated 26.09.23

Proposed Floor Plan, Drawing No. 52105-P-20 rev B, dated 26.09.23

Proposed Sculpture Elevations, Drawing No. 52105-P-62, dated 11.08.23

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 as described within the application, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure that the development is in keeping with the character and appearance of the area and to maintain the visual amenities of the area, having regard to Policies OSS4 (iii) and EN3 of the Rother Local Plan Core Strategy and Policy DEN1 of the adopted Development and Site Allocations Local Plan.

4.      Prior to the painting of the train carriage and WC building, details of the proposed design shall have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reason: To ensure that the development is in keeping with the character and appearance of the area and to maintain the visual amenities of the area, having regard to Policies OSS4 (iii) and EN3 of the Rother Local Plan Core Strategy and Policy DEN1 of the adopted Development and Site Allocations Local Plan.

5.      The external walls of the train carriage and the WC building shall be maintained in a clean and tidy condition that does not impair the visual amenity of the site.

Reason: To preserve the visual amenities of the locality in accordance with Policy OSS4 (iii) and EN3 of the adopted Rother Local Plan Core Strategy and Policy DEN1 of the adopted 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 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.

DECISION: NO OBJECTION to works to TPO 323 (T1 - Oak Tree) at 2 Hamilton Terrace, Bexhill.

GRANT CONSENT for Oak Tree (TPO 323) - Reduce crown by 2.5m (approximately 30%); and slight lift over and away from electrical sub-station, electrical cables and neighbouring residential property.

SUBJECT TO CONDITIONS:

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.      All works shall be carried out in accordance with BS3998:2010 Recommendations for Tree work.

3.      All trees recommended for tree surgery works will need to be checked for the presence of bats or nesting birds prior to works commencing. Disturbance to bats or nesting birds could contravene the Wildlife and Countryside Act 1981.

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 the Council was performing above set targets both internally and nationally.  Appropriate and timely action was being taken regarding enforcement action.

The Planning Committee thanked the Development Manager and her teams for their hard work in managing the Council’s planning and enforcement services.

RESOLVED: That the report be noted.

Tuesday 14 November 2023 at 9:30am departing from the Town Hall, Bexhill.

The next site inspection was scheduled to be held on Tuesday 14 November 2023 at 9:30am departing from the Town Hall, Bexhill.