Agenda and minutes

Planning Committee
Thursday 12th September 2019 9.30 am

Venue: Council Chamber, Town Hall, Bexhill-on-Sea

Contact: For all enquiries please contact Email: julie.hollands@rother.gov.uk  Tel: 01424 787811

Items
No. Item

PL19/46.

Minutes

To authorise the Chairman to sign the minutes of the meeting of the Planning Committee held on the 15 August 2019 as a correct record of the proceedings.

Minutes:

The Chairman was authorised to sign the Minutes of the meeting held on 15 August 2019 as a correct record of the proceedings.

PL19/47.

Apologies for Absence

Minutes:

An apology for absence was received from Councillor G.C. Curtis.

PL19/48.

Additional Agenda Items

To consider such other items as the Chairman decides are urgent and due notice of which has been given to the Head of Paid Service by 12 noon on the day preceding the meeting.

 

Agenda Item 17: Developer renegotiation of Section 106 agreements in relation to Affordable Housing (Verbal)

 

Minutes:

The Chairman of the Committee had proposed a verbal Additional Agenda Item onto the Agenda, which was considered as Agenda Item 17 (see Minute PL19/60 below) concerning developer re-negotiations of Section 106 Agreements in relation to affordable housing.

PL19/49.

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.

Minutes:

Declarations of interest were made by Councillors in the Minutes as indicated below:

 

A.S. Mier         Agenda Item 8 (RR/2019/920/P) – Personal and Prejudicial in so far as he was a personal friend of a number of objectors and had worked with the applicant on the Fairlight Neighbourhood Plan.

PL19/50.

Planning Applications - Index pdf icon PDF 120 KB

Minutes:

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.

PL19/51.

RR/2019/1336/P - Pett - The Smuggler, Pett Level Road pdf icon PDF 399 KB

Additional documents:

Minutes:

This application was subject to public speaking.

           

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 drawings and documents:

Location and Block Plan, 1453AH SL 001 dated May 2019

Proposed First Floor Plan, 1453AH E 005 dated May 2019

Proposed Floor Plan, 1453AH P 004 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 premises shall be used for a doctors’ surgery (D1) and a café (A3) only and for no other purpose (including any other purpose in Class (D1 and A3) of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification).

Reason: To ensure the site remains as a community facility in accordance with Policies CO1, CO2 and RA1 of the Rother Local Plan Core Strategy.

 

4.     The development shall not be brought into use until details of the proposed disabled accessibility to the building have been first submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure an appropriate means of access for disabled users in accordance with Policies OSS4 (i) of the Rother Local Plan Core Strategy.

 

5.     The development shall not be brought into use until the parking areas and disabled parking spaces have been provided in accordance with details which have been first submitted to and approved in writing by the Local Planning Authority and the area[s] shall thereafter be retained for that use and shall not be used other than for the parking and turning of motor vehicles.

Reason: To provide on-site parking and turning areas to ensure that the proposed development does not prejudice the free flow of traffic or conditions of general safety along the highway in accordance with Policies CO6 and TR4 of the Rother Local Plan Core Strategy.

 

6.     The development shall not be brought into use until the cycle parking area has been provided in accordance with details which have been first submitted to and approved in writing by the Local Planning Authority and the area[s] shall thereafter be retained for that use and shall not be used other than for the parking of cycles.

Reason: In order that the development site is accessible by non-car modes and to meet the objectives of sustainable development in accordance with Policies OSS4 (ii) & TR3 of the Rother Local Plan Core Strategy.

 

7.     The development hereby permitted shall only be carried out in accordance with the approved Flood Risk Assessment  ...  view the full minutes text for item PL19/51.

PL19/52.

RR/2019/920/P - Fairlight - Toronto, Warren Road pdf icon PDF 400 KB

Additional documents:

Minutes:

This application was subject to public speaking.

 

It was noted at the commencement of this item that Councillor Prochak had called in this planning application to the Planning Committee and not Councillor Mier as stated in the Agenda.

 

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 drawings and document:

Drawing No. 2008-0001, 1:1250 @ A3, Site Location Plan

Drawing No. 2008-0002, 1:500 @ A1, Block Plan

Drawing No. 2008-0003, 1:500 @ A1, Proposed Block Plan

Drawing No. 2008-0010, 1:100 @ A1, Proposed Site Layout Plan

Drawing No. 2008-0020, 1:50 @ A1, Proposed Ground Floor Plan

Drawing No. 2008-0021, 1:50 @ A1, Proposed First Floor Plan

Drawing No. 2008-0022, 1:50 @ A1, Proposed Second Floor Plan

Drawing No. 2008-0023, 1:50 @ A1, Proposed Roof Plan

Drawing No. 2008-0030, 1:50 @ A1, Proposed North and South Elevations

Drawing No. 2008-0031, 1:50 @ A1, Proposed East and West Elevations

Drawing No. 2008-0040, 1:50 @ A1, Proposed Sections A and B

Drawing No. 2008-0041, 1:50 @ A1, Proposed Sections C and D

Planning Statement by Town and Country Planning Solutions (April 2019).

Design and Access Statement by Hazle McCormack Young (March 2019).

Ecological Impact Assessment by Lizard (April 2019).

Arboricultural Report by The Mayhew Consultancy (March 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.     No works shall commence on site, including any ground works or works of demolition, until a Construction 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:

 

a)     the anticipated number, frequency and types of vehicles used during construction;

b)     the method of access and egress and routeing of vehicles during construction;

c)     the parking of vehicles by site operatives and visitors;

d)     the loading and unloading of plant, materials and waste;

e)     the storage of plant and materials used in construction of the development;

f)       the erection and maintenance of security hoarding;

g)     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); and

h)     details of public engagement both prior to and during construction works.

Reason: These details are required prior to commencement of any works to ensure highway safety and to protect the amenities of adjoining residents during construction in accordance with Policy OSS4 (iii) of the Rother Local Plan Core Strategy.  ...  view the full minutes text for item PL19/52.

PL19/53.

RR/2019/1339/P - Westfield - 8 Stablefield pdf icon PDF 368 KB

Minutes:

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 Plan Drawing No. 5008(1)1000 dated 3 June 2019

Proposed Block Plan Drawing No. 5008(1)1110 dated 3 June 2019

Proposed Elevations Drawing No. 5008(1)3111 Rev A dated 12 June 2019

Proposed Plans Drawing No. 5008(1) 3101 Rev A dated 12 June 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.

 

NATIONAL PLANNING POLICY FRAMEWORK:  In accordance with the requirements of the 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.

PL19/54.

RR/2018/3144/P - Northiam - Gardenscape Yard, Land Near Bodiam Boating Station pdf icon PDF 414 KB

Additional documents:

Minutes:

Members had visited the site as part of their site inspections.  An update sheet had also been provided detailing representations received from the Agent and the Applicant. 

 

Councillor Earl-Williams moved the motion initially to grant approval.  Debate then continued.

 

Members considered that this was a small, well-respected and well managed family run business that contributed to the local economy and community, not only through the creation of badly needed rural employment but donations in kind to various community events, as advised by the local Ward Member present.  It was confirmed that no chemicals were used on the site.  The site was also well screened within the landscape and Members did not feel that the current unauthorised use had a detrimental impact on the High Weald Area of Outstanding Natural Beauty (AONB), being considerate of the site’s previous uses and the effort that the applicant has made to mitigate their impact with additional screen planting and onsite sustainable drainage. On balance Members considered that the benefits of the use outweighed the limited harm to the AONB.

 

The applicant had requested, post the officer recommendation, that the brick crushing element be removed from the application, although this had been declined by the officers, as it did not change the fundamental reason for refusal as set out at Reason No.1 in the recommendation. Despite the officers’ position, Councillor Mooney requested that Members defer the application to allow removal of the brick crushing element. The Development Manager advised that whilst the removal of the brick crushing element constituted a change to the description which ordinarily would require re-advertising, it was noted that the change in description would not make the proposal materially more harmful and that this would delay further the determination of this application and cause additional unnecessary bureaucracy. The Development Manager then advised that if Members were minded to approve the application it would be preferable to delegate approval to officers, subject to the removal of the brick crushing element of the scheme, imposition of conditions from consultees and further consultation with Environmental Health to consider any additional conditions.

 

Councillor Ganly moved delegated approval and this was seconded by Councillor Coleman.  The motion was declared CARRIED.

 

DECISION: GRANT (FULL PLANNING) DELEGATED (SUBJECT TO

·        REMOVAL OF THE BRICK CRUSHER FROM THE DESCRIPTION OF THE PROPOSED DEVELOPMENT;

·        IMPOSITION OF CONDITIONS RECOMMENDED BY   CONSULTEES; AND

·        IMPOSITION OF ANY CONDITIONS FOLLOWING FURTHER CONSULTATION WITH ENVIRONMENTAL HEALTH).

 

PL19/55.

RR/2019/1155/P - Icklesham - Firebrand Cottage, Winchelsea pdf icon PDF 391 KB

Additional documents:

Minutes:

Members had visited the site as part of their site inspections.  The proposal was for ground floor extensions, garage conversion including new first floor dormers to existing property.     

 

Councillor Mrs Barnes moved the motion to refuse (Full Planning) and this was seconded by Councillor Ganly.  The motion was declared LOST (3 for / 8 against / 2 abstentions).

 

Members considered that the proposed alterations to the Cottage would be an improvement to the current structure and would fit within the street scene whilst preserving the character of the conservation area.  Therefore, the Committee considered that the application for full planning should be granted subject to the inclusion of conditions for materials and those recommended by the County Archaeologist in connection with the medieval stone barrel-vaulted cellar.

 

Councillor Coleman moved the motion to grant approval and this was seconded by Councillor Thomas.  The motion was declared CARRIED (8 for / 3 against / 2 abstentions).

 

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 Plan Drawing No. 00218_150 dated 29 April 2019

Elevation Plan Drawing No. 00218_350 (amended by email from Agent – Amelia Finch, dated 5 July 2019)

Proposed Ground and First Floor Plan Drawing No. 00218_225 dated 29 April 2019

Design & Access Statement submitted with application.

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.     No development above ground level shall take place until samples of the materials to be used in the construction of the external surfaces of the extensions and other buildings operations hereby permitted 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 reflects the character and/or appearance of the existing building and to preserve the visual amenities of the area in accordance with Policies OSS4 (iii) of the Rother Local Plan Core Strategy.

 

4.     Prior to the commencement of development and subsequent to an approved archaeological site investigation a construction method statement to show the preservation in-situ of significant archaeological remains shall be 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 archaeological and historical interest of the site is safeguarded to comply with the National Planning Policy Framework and in accordance with Policy EN2 (vi) of the Rother Local Plan Core Strategy.

 

5.     No development shall take place until the applicant has secured the implementation of a programme of archaeological works in  ...  view the full minutes text for item PL19/55.

PL19/56.

RR/2019/1672/P - Catsfield - Spring Cottage, Church Lane pdf icon PDF 291 KB

Minutes:

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 & Block Plan: Drawing No. BA1826.01 revision C, dated March 2018

Proposed Site Levels Plan: Drawing No. BA1826.16, revision D, dated December 2018

Proposed elevations and levels AA and BB: Drawing No. BA1826.19 revision C, dated December 2018

Proposed elevations and levels CC: Drawing No. BA1826.20 revision B, dated December 2018

Proposed elevations and levels DD: Drawing No. BA1826.21A revision A, dated January 2019

As proposed plans and elevations: Drawing No. BA 1826.18 revision C

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.     No development shall take place, including any works of excavation, until a Construction Method Statement has been submitted to, and approved in writing by the Local Planning Authority. The Statement shall provide for:

 

a)    the area(s) of the site to be used for storage of materials and plant; the construction site access, parking and manoeuvring, with the intention of containing all related vehicles and equipment within the site as far as reasonably possible; and

b)    construction work to take place only between the hours of 08:00 and 18:00 Monday to Fridays, 08:00 and 13:00 on Saturdays and not at any time on Sundays, Bank or Public Holidays. The approved Construction Method Statement shall be adhered to throughout the construction period for the development.

Reason: These details are required prior to commencement of works to ensure the environmental impacts of construction, including initial groundworks are prevented or minimised in accordance with Policy EN5 of the Rother Local Plan Core Strategy.

 

4.     Before commencement of any works on site, a Waste Management Plan/Statement to include details of the measures to minimise and manage waste generated by the scheme shall be submitted for the consideration and approval of the Local Planning Authority. This shall include principally the proposed means of disposing of excavated spoil from the groundworks. The development shall only be carried out in accordance with the approved details.

Reason: In the interests of seeking a sustainable development which minimises waste, in accordance with the Supplementary Planning Guidance on "Construction and Demolition Waste" (2006), by East Sussex County Council and having regard to amenity issues in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy. These details are required prior to commencement of works to ensure the environmental impacts of construction, including initial groundworks, are managed throughout the course of development.

 

Note: subject to consideration of the details of any proposal (Waste Management Plan/Statement), the applicant/developer is advised that the deposition of extracted spoil,  ...  view the full minutes text for item PL19/56.

PL19/57.

Proposed Changes to Public Speaking at Planning Committee pdf icon PDF 360 KB

Additional documents:

Minutes:

Consideration was given to the report of the Chairman and Vice-Chairman of the Planning Committee which detailed a number of proposed changes to the public speaking scheme for referral to the Overview and Scrutiny Committee (OSC), then onward recommendation and approval via Cabinet to full Council.

 

In 2016, the Council adopted a petition-based Public Speaking Scheme (PSS) that formed part of the Council’s Constitution and was to be kept under review for its effectiveness; since its adoption there had been one review undertaken by the previous Planning Committee Chairman and Head of Strategy and Planning.  Following research undertaken of neighbouring authorities’ schemes, Appendix 3 appended to the report set out a proposed revised scheme.  The Chairman thanked the officers for the preparation and research that had gone into compiling the report.

 

The Chairman highlighted the perceived shortfalls in the current scheme which included the requirement to organise a petition of 10 signatures or more within the 21 day statutory notice period; the requirement to identify one spokesperson to represent all the various views of objectors / supporters; the inability of Parish and Town Councils to speak without a petition; the inability to use visual aids and the Chairman’s explicit discretion.

 

The proposed revised scheme no longer required the submission of a petition, included a slot for Parish and Town Councils, non-Planning Committee Ward Members, up to three speakers in support or against for major applications (up to two for Minor/Others and one speaker for and against for household applications) and was considered a much improved scheme.  Visual aids would also be acceptable if they had been included in any representations submitted as part of the application process.  It was advised that speakers would be allocated on a first-come, first served basis and the proposal that the scheme be administered by Democratic Services was achievable within current resources.

 

In order to ensure adherence to the time constraints and for Ward Members to feel that they had sufficient time, it was agreed that non-Planning Committee Ward Members speaking under the scheme be encouraged to submit a brief summary of the issues they would raise in advance of the meeting which would be circulated to the Planning Committee.

 

Whilst not directly related to the public speaking scheme, Members raised concern over Councillors who called-in applications to the Planning Committee and who were then not present to address the Planning Committee on the rationale for the call-in; there had been one such occurrence at this meeting.  Clearly, there would be occasions where extenuating circumstances prevented a Member from attending the Planning Committee, even if they had called-in an application for consideration.  The Committee agreed to recommend that Members calling in an application must attend the relevant Planning Committee, send a Member on their behalf, or provide an apology / reason for non-attendance.     

 

RESOLVED: That:

 

1)    the proposed revised public speaking scheme as set out in Appendix 3 to the report and revised Code of Practice document as set out in Appendix 4 to  ...  view the full minutes text for item PL19/57.

PL19/58.

Housing Delivery Test Action Plan pdf icon PDF 194 KB

Additional documents:

Minutes:

The Committee considered the report of the Executive Director on the Council’s Housing Delivery Test (HDT) Action Plan. 

 

The HDT had been introduced by the Government to monitor and demonstrate whether local planning authorities were building enough homes to meet housing needs.  Published in February 2019, it compared the number of new homes delivered over the previous three years alongside the Council’s housing requirement.  The results would be used to determine the buffer to apply in future housing land supply position statements and whether the presumption to favour sustainable development should apply.

 

Over the last three years, the Council delivered 697 (69%) out of a requirement of 1,008.  Results below 95% required the production of an Action Plan aligning with national planning guidance.  A copy of the HDT was appended to the report as Appendix 1.  It was noted that the results of HDT would need to be considered on future planning applications.

 

The Action Plan was published on the Council’s website on 19 August 2019 and provided an analysis of the key reasons for under-performance against the district’s housing requirement.  It also identified measures the Council intended to undertake to increase housing and set out current actions required.  In order to respond to the challenge of increasing housing delivery, co-operation/engagement would be essential from landowners and developers.  The Action Plan would be continuously monitored.

 

RESOLVED: That the report be noted.

PL19/59.

Appeals pdf icon PDF 123 KB

Minutes:

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.

PL19/60.

Developer Re-Negotiations of Section 106 Agreements in Relation to Affordable Housing

Minutes:

Following a number of cases where developers had re-negotiated Section 106 Agreements in relation to affordable housing so that the numbers of affordable housing units were reduced, Members sought clarification on the process and what input, if any the Planning Committee had in these matters.

 

The Development Manager advised that it was planning protocol that any re-negotiated Section 106 Agreements in relation to affordable housing should come back to Planning Committee.  There were two ways for Section 106 Agreements to come back:

 

a.     Committee resolved to approve planning permission subject to completion of a Section 106 Agreement: Section 106 Agreement not agreed as developer raises financial viability issue. The viability matters are then assessed by the District Valuer and, if changes agreed, then the revised recommendation would be brought back to the Planning Committee to debate and agree.

 

b.     Planning permission granted and Section 106 Agreement signed: The applicant would need to apply to modify the original agreement.  The reasons for the modification would then be considered and assessed by the District Valuer. If changes agreed then the officers’ recommendation would be referred to the Planning Committee to debate and agree.

 

Members requested that a report be submitted at the next Planning Committee detailing the number of occasions and the number of affordable houses in the past two years where this had happened; in the meantime, the Committee asked that any further requests or requests currently in process be submitted to the Planning Committee

 

RESOLVED: That a report be submitted to the Planning Committee confirming the current arrangements in relation to  the renegotiation of affordable housing in Section 106 Agreements and an analysis of the affordable housing element of the Section 106 Agreements that have been re-negotiated detailing how many and the quantum in the past two years. 

 

(The Chairman had accepted this item onto the Agenda as an additional verbal agenda item to enable the Planning Committee to consider this matter and agree a course of action).

PL19/61.

To note the date and time for future Site Inspections

Tuesday 8 October 2019 at 8:30am departing from the Town Hall, Bexhill.

Minutes:

Tuesday 8 October 2019 at 8:30am departing from the Town Hall, Bexhill.