To authorise the Chair to sign the minutes of the meeting of the Planning Committee held on the 16 November 2023 as a correct record of the proceedings.

The Chair was authorised to sign the Minutes of the meeting held on 16 November 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 T.J.C. Byrne and Mrs V. Cook (ex-officio).

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.

RM

DECISION: REFUSE (PLANNING PERMISSION)

The Planning Committee had visited the site which was a full application to erect 89 residential dwellings (including 27 affordable housing units), ancillary structures, new access road from Turkey Road, internal roads, car parking, landscaping and public open space, drainage features, and other associated and necessary works.  The site was located in Turkey Road, next to the Ashdown Brickworks & Quarry (a safeguarded mineral site), part of which was within the consultation zone for the safeguarded minerals site, Bexhill Cemetery and was outside of but immediately adjoined to the development boundary for Bexhill, as defined within the Development and Site Allocations Local Plan (DaSA).  A DaSA allocation for 30 dwellings (Policy BEX6) was located to the east of the site.  At present, the Council could not demonstrate a 5-year supply of housing (2.79 years as of 1 April 2022).  As the site was within the countryside, all policies relating to housing supply were considered out-of-date.  Therefore, the presumption in favour of sustainable development contained within the National Planning Policy Framework (NPPF) applied.  The provision of 89 dwellings, including 27 affordable units, would significantly boost the supply of housing, would generate approximately £1,500,000 and £740,000 Community Infrastructure Levy (CIL) and New Homes Bonus (NHB) funding respectively.  The officer’s opinion was that overall, the adverse impacts of the scheme would not significantly and demonstrably outweigh the benefits when assessed against the NPPF.  Plus, significant consideration must be given to the Council’s lack of a 5-year housing supply and therefore approval was recommended subject to conditions and a Section 106 Legal Agreement. 

The Planning Committee heard from three spokespersons representing those objecting to the scheme (one representative from Brickworks & Quarry and two neighbours), the Applicant, the Applicant’s Agent and Consultant, the two local Ward Members (St Stephens), as well as two local Members, whose Wards (St. Marks and Sidley) adjoined and were close to the site.  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: impact of the Brickworks & Quarry – 24 hours, seven days per week operation on the development and future residents, particularly regarding contamination, noise, odours, dust particles and light pollution (lack of evidence to mitigate these issues); effectiveness and length of time that the noise assessment survey was carried out (24 hours, seven days per week – inadequate); sterilisation of minerals at the Brickworks & Quarry and mineral impact assessment (methodology of survey); proximity of the properties to the Brickworks & Quarry; locality (including buffer size [too small]), height, foundations, effectiveness and maintenance of the acoustic barrier; the site was in the countryside and outside the development boundary; harm to the habitat and wildlife species and relocation of existing species; proximity to the cemetery; dangerous access along a 60mph narrow country road (subject to several accidents); no public footpath, pavement or crossing facilities along Turkey Road (crossings and walkways were included within the  ...  view the full minutes text for item PL23/73.

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:

Site Location Plan, Drawing No. CC LO01Rev A, dated 19 October 2023

Proposed Floor Plans and Elevations, Drawing No. CC PL01, 03 October 2023

Proposed Elevations, Drawing No. CC PL01, dated 03 October 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 extension hereby permitted shall be as stated within the application and approved drawings unless an alternative finish is first submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure that the development is in character with its surroundings in accordance with Policy OSS4 (iii) of the Rother Local Plan Core Strategy.

4.        Within three months of delivery of the modular building on site, a soft landscaping scheme for the site shall be submitted to and approved by the Local Planning Authority, which 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;

e)    boundary treatments; and

f)     implementation programme.

Reason: To ensure the creation of a high-quality public realm and landscape setting in accordance with Policies OSS4 (iii) and EN3 of the Rother Local Plan Core Strategy.

5.        Prior to occupation of the dwelling a scheme for the provision of foul and surface waterdrainage works shall be submitted to and approved in writing by the Local Planning Authority and the dwelling shall not be occupied until the drainage works to serve the development have been provided in accordance with the approved details.

Reason: The details required are integral to the whole development, to ensure the satisfactory drainage of the site and to prevent water pollution in accordance with Policies OSS4 (iii) and EN7 of the Rother Local Plan Core Strategy.

6.        The development shall not be occupied until the parking area has been provided in accordance with the approved site plan (Ref: CC LO01Rev A, dated 19 October 2023) and the area shall thereafter be retained for that use and shall not be used other than for the parking of motor vehicles.

Reason: To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway in accordance with Policies TR3 and TR4 of the Rother Local Plan Core Strategy.

7.        The dwelling hereby  ...  view the full minutes text for item PL23/74.

DECISION: REFUSE (FULL PLANNING)

REASONS FOR REFUSAL:

1.      The proposal by reason of the dwellings’ overall height, large footprint, volume and overall scale and mass would represent bulky, visually intrusive and overbearing dwellings that would appear incongruous in its location and siting set within an existing plot, to the east of the existing dwelling. As a result, it would materially harm to the character and appearance of the locality, including the surrounding landscape setting and scenic beauty of the High Weald Area of Outstanding Natural Beauty. The proposal would extend built residential form into the Area of Outstanding Natural Beauty countryside having unacceptable character impacts. The proposal would be out of keeping within the locality, resulting in having a harsh urbanising effect upon the existing countryside character of the area through its architectural form, materials and its siting. The proposal would give rise to irreversible harmful impacts upon the High Weald Area of Outstanding Natural Beauty. As such, the proposal is contrary to Policies OSS2, OSS4, RA2, RA3, EN1 and EN3 of the Rother Local Plan Core Strategy (2014) and Policies DIM2 and DEN2 of the Development Site and Allocations Local Plan (2019) and paragraphs 176, 130 and 180 of the National Planning Policy Framework and Objectives 2 and 3 of the High Weald Management Plan.

2.      The site lies within an unsustainable countryside location where occupiers of the proposed development would be highly reliant on private motor vehicles and would not be able to make the fullest possible use of public transport, walking and cycling to access local services and facilities. The development would be contrary to Policies PC1, OSS3 (v) and TR3 of the Rother Local Plan Core Strategy and paragraph 8 of the National Planning Policy Framework which seek to minimise the need to travel and to support the transition to a low carbon future.

NOTE:

1.        This decision notice relates to the following set of plans:

Drawing No. 25 22 110A, Proposed Ground Floor Plans and Elevations dated 23.08.23

Drawing No. 25 22 111, Proposed First Floor and Roof Plans dated Jan 2023

Drawing No. 25 22 112A, Proposed Site Plan and Section dated 23 August 2023

Planning Statement submitted 19 July 2023

Preliminary Ecological Appraisal and Bat Survey Report dated 22 May 2023

Tree Survey Arboricultural Impact Assessment & Tree Protection Plan dated February 2023

Construction & Traffic Management Scheme submitted 19 July 2023

NATIONAL PLANNING POLICY FRAMEWORK:  In accordance with paragraph 38 of the National Planning Policy Framework the Council works in a positive and pro-active way with Applicants and looks for solutions to enable the grant of planning permission. However, in this case the proposal is not sustainable development for the reasons set out and the Council was unable to identify a way of securing a development that improves the economic, social and environmental conditions of the area.

Following advice from Legal Services, the term ‘sundown’ contained within Condition 3 of the recommendations as outlined in the report was considered not clear and therefore needed to be more concise, which would then be enforceable.  After deliberation, the Planning Committee agreed that Condition 3 be reworded to stipulate that the season be extended from 1 April to 30 September and a) On one weekday evening per week and shall cease before 10pm.

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: RC racetrack at St. Mary's Recreation Ground dated 20/09/2023

Block plan: radio-controlled car track area and parking dated 20/09/2023

East/North Elevation ‘Drivers’ Stand / Rostrum submitted 29/08/2023

Site East/North Elevation submitted 29/08/2023

Shipping Container Elevations submitted 29/08/2023

1066 Racing parking/vehicle access and movement plan detail submitted 09/02/2022

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

3.          The use hereby permitted shall only take place 1 April to 30 September and on the follow days and hours: 

a)   On one weekday evening per week, ceasing before 10pm.

b)   On Sundays only between 9am – 2pm.

c)   On up to four individual weekend days per year between the 9am to 6pm.

Reason: To safeguard the amenities of the locality in accordance with Policy OSS4 (ii) of the Rother District Local Plan Core Strategy and Policy DEN7 of the Rother Development and Site Allocations Local Plan.

4.          The race car track hereby permitted shall only be used by electric remote-control vehicles and shall not be used by petrol or other fuel powered remote control vehicles.

Reason: To protect the living conditions of occupiers of nearby residential properties and to protect the rural character of the locality in accordance with Policies OSS4 (ii) (iii) and RA3 of the Rother Local Plan Core Strategy and Policy DEN7 of the Rother Development and Site Allocations Local Plan.

5.          No floodlighting or other external means of illumination of the racetrack 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 of the rural area, in accordance with Policies OSS4 (ii and iii), RA3 (v) and EN1 of the Rother Local Plan Core Strategy and Policies DEN1 and DEN7 of the Rother Development and Site Allocations Local Plan.

NATIONAL PLANNING POLICY FRAMEWORK:  In accordance with paragraph 38 of the National Planning Policy Framework the Council has worked in a positive and pro-active way and has imposed planning conditions to enable the grant of planning permission.

After discussion, the Planning Committee agreed that an additional condition be added to the application to mitigate overlooking issues between Nos. 20 and 21 Starrs Mead to erect a permanent appropriate screen to the extended veranda to the standard of the High Weald Design Guide.

DECISION: GRANT (PLANNING PERMISSION)

SUBJECT TO CONDITIONS:

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

Location Plan Drawing No. 7778/LBP dated 11.09.23

Existing Layout Drawing No. 7778/EX/A dated 08/09/23

Proposed Layout Drawing No. 7778/1/A dated 08.09.23

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

2.        Notwithstanding the submitted detail on Drawing No. 7778/1/A (Proposed Layout dated 19/09/23), details of an alternative privacy screen to replace the existing along the east side of the extended platform and designed to the High Weald Area of Outstanding Natural Beauty Design Guide standard shall be submitted to, and approved in writing by, the Local Planning Authority within two months of this decision. The approved screening shall be implemented within three months of the approval and thereafter maintained.

Reason: In the interest of visual amenity of the area and residential amenity, in accordance with Policies DH9 of the Development and Site Allocations Local Plan, OSS4(iii) of the Rother Local Plan Core Strategy and the High Weald Area of Outstanding Natural Beauty Design Guide.

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: REFUSE (FULL PLANNING)

REASONS FOR REFUSAL:

1.      The proposal by reason of the dwelling’s overall height, large footprint, volume and overall scale and mass would represent a bulky, visually intrusive and overbearing dwelling that would appear incongruous in its location and siting set to the northwest of the host dwelling and building line of development in the area. Although described as a replacement dwelling, the new development would occupy an entirely different footprint around 75m from the existing. For these reasons, it would materially harm the character and appearance of the locality, including the surrounding landscape setting and scenic beauty of the High Weald Area of Outstanding Natural Beauty (AONB). The proposal would extend built residential form into the AONB having unacceptable character impacts. The proposal would be out of keeping within the locality, resulting in having a harsh urbanising effect upon the existing countryside character of the area through its architectural form, materials and its siting. The proposal would give rise to irreversible harmful impacts upon the High Weald AONB. As such, the proposal is contrary to Policies OSS2, OSS4, RA2, RA3, EN3 of the Rother Local Plan Core Strategy (2014) and Policies DIM2, DEN2 of the Rother Development and Site Allocations Local Plan (2019) and paragraphs 126, 130, 134 and 176 of the National Planning Policy Framework and Objectives 2 and 3 of the High Weald Management Plan.

NOTE:

1.        This refusal of planning permission relates to the following drawings and documents:

Drawing No. 7468/LBP, Location / Block Plan dated 20 December 2022

Drawing No. 7468/23/3, Proposed Site Layout dated 1 August 2023

Drawing No. 7468/23/2, Proposed Dwelling Elevations dated 1 August 2023

Drawing No. 7468/23/1, Proposed Dwelling Floor Plans dated 1 August 2023

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 identifying matters of concern with the proposal and determining the application, clearly setting out the reason for refusal, thereby allowing the Applicant the opportunity to consider the harm caused and whether or not it can be remedied as part of a revised scheme.

Tuesday 16 January 2024 at 9:30am departing from the Town Hall, Bexhill.

The next site inspection was scheduled to be held on Tuesday 16 January 2024 at 9:30am departing from the Town Hall, Bexhill.