Consideration was given to the Overview and Scrutiny Committee’s Work Programme. Members agreed that the meeting scheduled for 25 April 2022 should be kept light to allow space for any upcoming reports or items to be added from the Items for Consideration.

RESOLVED: That the Work Programme attached at Appendix A be agreed.

Members received the report of the Principal Regeneration Officer outlining the Council’s post-COVID recovery plan.

In November 2020, Cabinet approved the Council’s Economic Recovery Action Plan, setting out the actions that the Council would take to support local economic recovery in the aftermath of the COVID-19 pandemic; this was subsequently adopted by the Council in December 2020.

A copy of the Economic Recovery Action Plan was attached at Appendix 1 to the report.  The Plan set out six broad ambitions:  thinking local, acting local; building skills, creating jobs; fast-forwarding business; better places, fuller lives; cleaner energy, greener transport; and the future is digital.  A summary was provided of the progress and activity against each:

•           Supporting business – a total of £236,675 in Government funding had been allocated to Rother to support temporary measures to ease businesses back after lockdown. 

•           Skills and Workforce – The Hospitality sector saw issues around filling vacancies which were still continuing, Social Media for Business workshops were offered to businesses across Rother by Let’s Do Business to help reach customers and develop brand awareness and events were supported with an online training programme to support event organisers and promoters in Rother delivered by 18 Hours.

•           Tourism and Culture – 1066 Country had been working to a COVID Recovery Plan, updated as Government guidelines changed.  The summer of 2021 had required a fine balance between encouraging staycationers to the area, against the problems of ‘over tourism’; the campaign sought to encourage visitors away from the tourist ‘honey-pots’ whilst also guiding people to the safest lifeguarded beaches.  The Sussex Modern campaign had continued to promote Sussex, celebrating its modernity, culture, wine and landscape in partnership with its 36 partner organisations and the 1066 Country Walk had re-launched bringing new life to the 31-mile footpath, with its bespoke sculptures and new signage, seating and information boards.

•           Improving Places – The De La Warr Pavilion’s (DLWP) vision to level-up Community, Creativity and Skills in the region was a basis of the Council’s £17m Levelling Up Fund application.  Building on its legacy of culture-led regeneration, the DLWP’s capital project centred around a series of objectives for the Pavilion which, if met, could dramatically impact the local landscape.

•           Low Carbon – The impact of staff working from home had been a significant boost to carbon reduction targets. The Council quickly established new working practices to facilitate this change, which continued to be used.

•           Connectivity – Information on the Government’s Rural Gigabit voucher scheme continued to be rolled out to parish councils across the district.

Members had the opportunity to ask questions and the following points were noted during the discussions:

•           consideration should be given to an affordable childcare model in light of changes in workplace practices, i.e. increase in homeworking, to avoid childcare providers not being used as a result;

•           in order to encourage people back into town centres, consideration should be given to converting empty retail units into residential buildings;

•           high streets in the district had fared well over the course of the pandemic with their small, individual shops rather than the large chain stores seen in high streets in other districts.  Consolidation of Bexhill town centre could be considered as it appeared too large now for the shops located within it;

•           the most recent French Market in Bexhill had taken place in the De La Warr car park rather than Devonshire Road as it had been previously, which had proved popular.  Sackville Road traders were keen to be able to hold markets in the road and a report was being taken to the Licensing and General Purposes Committee for consideration to designate Sackville Road as a consent street for markets;

•           leisure facilities should be encouraged to move into the high streets as well as central points for deliveries from companies such as Amazon to encourage people back to town centres;

•           Members suggested promoting the two-hour free parking available in towns.  The Chamber of Commerce had previously produced a map of free parking, which could be re-printed; and

•           shop keepers in Rye had felt well supported by the recent poster campaign to encourage shoppers back to the centre.

RESOLVED: That the report be noted.

The Chairman welcomed Kate Sheldon, Suzanne Simmons, Kate Sparrow and Danielle Hill from Trees for Cities, who gave Members a presentation on their project ‘Forgotten Places’.

Members were given the opportunity to ask questions and the following points were noted during the discussion:

•           the Trees for Cities programme ‘Forgotten Places’ was an 18 month programme of community tree planting and tree-related activities in seven coastal towns and cities with high deprivation, low canopy cover and lack of investment towards tree programmes; 

•           the programme was split into four stages – a mapping exercise to identify areas to plant; a review and research into ways tree planting could stimulate the local economy; production of a guidance document; and creation of a tree planting strategy;

•           150 trees would be planted in Bexhill between October 2022 and February 2023;

•           at least one Tree Planting Supervisor volunteer would be trained;

•           a Queen’s Green Canopy planting event would be organised for November / December 2022 to celebrate the Queen’s Platinum Jubilee;

•           tree planting should be focused on street verges, involving negotiations with East Sussex County Council highways;

•           areas such as Sidley with existing community projects could also be encouraged to take part in projects such as ‘Incredible Edible’, which would involve planting fruit trees;

•           the initial funding period was for 18 months and Trees for Cities would maintain the trees for three years, at which point responsibility would be handed over to landowners and communities. Training would be provided; and

•           hedge planting could also be incorporated.

The Chairman thanked the representatives from Trees for Cities for their presentation and excellent work on the ‘Forgotten Places’ project.

Members received the report of the Head of Service Neighbourhood Services, which outlined progress made on the Environment Strategy (2020) since the last report to the Overview and Scrutiny Committee on 15 March 2021.

The role of Environment and Policy Manager, which was currently vacant, was under review to take into account the general restructure of the Council’s staffing and to explore working in partnership with neighbouring authorities to allow greater flexibility and efficiencies of scale. It was expected to have appropriate staff in place by no later than 31 March 2022.

Work continued on the Bexhill i-Tree Study, data from which would inform a tree planting strategy and other local planning.  The charity Trees for Cities had secured funding of £143,000 for the Rother area from the second round of the Government’s Green Recovery Challenge Fund as part of their ‘Forgotten Places’ project. The project would specifically focus on increasing tree cover in smaller coastal cities and towns with lower than average tree canopy cover and high levels of socio-economic deprivation. The Trees for Cities team delivered a presentation to Members elsewhere on the agenda.

Carbon Literacy training had been delivered by the Director of the Climate Emergency Support Programme of the Centre of Sustainable Energy to Councillors and members of the Corporate Management Team on 22 April. 

Hester Management had facilitated a workshop for the Joint Waste Committee Members, Biffa and relevant partnership executive officers to review the existing carbon footprint of the vehicles and equipment used to deliver the Waste Collections and Street and Beach Cleansing service and to look at various proposals to reduce carbon emissions.  Work was in hand to develop a more detailed, evidence based and costed proposal.

Work was in progress with Idverde Grounds Maintenance to include the possibility of variations in the two year extension to the grounds maintenance existing contract that would facilitate increased bio-diversity, reductions in carbon emissions through the increased use of electric vehicles and equipment, and alternatives to some pesticides.

Energy consumption for the three Freedom Leisure Centres had been significantly reduced as compared to the same month in 2020 and in 2019, achieved through numerous minor operational changes that together added up to a substantial saving.

The piloting of areas of longer grass (environmental grass) to promote the growth of wildflowers and grasses and provide habitat for invertebrates had been extended to additional sites over the year.   Sites would be reviewed by officers taking into account customer feedback, alongside input from officers and the grounds maintenance contractor.

The Off-Street Car Parks Task and Finish Group had recommended the implementation of three, ’long stay’ car parks across the district to both support people who needed to park all day and to reduce congestion and therefore carbon emissions in town centres, by encouraging people to park on the outskirts in these lower daily tariff car parks.  This had been supported by Cabinet and subsequently implemented.

Interventions through planning policy were essential to support the delivery of the Environment Strategy, and the Local Development Scheme (March 2021) anticipated that the Council would adopt a new Local Plan by December 2023.  The potential to draft a Net Zero Supplementary Planning Document in tandem with the Local Plan Review process was also being explored.  Some of the environmental evidence that underpinned the Environment Strategy sat within the Council’s Planning Policy and vice versa, so dialogue with Planning Policy colleagues would continue to be developed and strengthened.

The Director of Place and Climate Change outlined the proposed next steps for driving forward carbon reduction across the district, including proposed use of the budget and resources to focus on two key areas: employment of a Projects Officer and funding to better inform the development of a Local Plan.  The Climate Change Steering Group would be reconvened to agree next steps.

Members were given the opportunity to ask questions and the following points were noted during the discussions:

•           Members were keen for a baseline of the Council’s carbon footprint prior to the COVID-19 pandemic to be established, to include the Town Hall and other Council-owned buildings. The baseline figures should be compared with figures for the current time taking into the effects of the pandemic;

•           alternative forms of energy to electricity to be considered to alleviate pressure on the National Grid;

•           all new buildings should be suitably insulated and more timber construction to be considered, which could be sourced locally;

•           retro-fit of existing buildings to be encouraged in addition to collecting-heating schemes, such as the use of solar panels. Funding for retro-fitting was available and Optivo had recently submitted a bid;

•           Members and officers of the Council to act as role models in the reduction of the carbon footprint; and

•           Members were interested to look at the projects of other authorities to aid carbon footprint reduction, but with a limited budget, careful consideration of projects would be required.

RESOLVED:  That the progress made against the Environment Strategy (2020) be noted.

The Chairman was authorised to sign the Minutes of the meeting of the Overview and Scrutiny Committee held on 13 September 2021 as a correct record of the proceedings.

Consideration was given to the report of the Head of Strategy and Planning on the planning statistics for the quarter July to September 2021 which included a summary of planning statistics for 2020/22.

RESOLVED: That the report be noted.

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.

Location Plan – P2111-50 – Received 04/08/21

Site Plan – P2111-100 – Received 04/08/21

Proposed Ground Floor Plan – P2111-225 – Received 04/08/21

Proposed First Floor Plan – P2111-266 – Received 04/08/21

Proposed East and South Elevations – P2111-325 – Received 04/08/21

Proposed West and North Elevations – P2111-326 – Received 04/08/21

Proposed Sections A-A and B-B – P2111-425 – Received 04/08/21

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 match in materials, colour and texture as those used in the existing building unless an alternative finish is first submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure the development is in character with the existing building and its surroundings in accordance with Policy OSS4(iii) of the Rother Local Plan Core Strategy and Policy DHG9(ii) of the Rother Development and Site Allocations 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.

(Councillor Mier declared a Personal and Prejudicial Interest in so far as the Applicant was his partner and in accordance with the Members’ Code of Conduct left the meeting during the consideration thereof).

RM

DECISION: GRANT (FULL PLANNING) AND DELEGATE TO DEVELOPMENT MANAGER REQUISITE CONDITIONS ATTACHED, INCLUDING A DARK SKIES CONDITION TO INCLUDE NO EXTERNAL LIGHTING

Members had visited the site which was a proposal for one 2-storey dwelling, with a garden room, large balcony and detached double garage on the southern part of the garden of Curlew Cottage.  The Council’s Development Site and Allocations Plan adopted in 2016 concluded that Pett Level did not have a defined settlement boundary therefore the site was located in open countryside.  Pett Level had a limited range of local amenities and residents would have to travel to Hastings or Rye to access facilities.  Therefore the site was considered unsustainable.

The Planning Committee heard from the Applicant who outlined the history and future of the property, neighbouring properties and surrounding area, as well as the local Ward Member.  Comments were noted from Pett Parish Council and Fairlight Parish Council, as well as Natural England stating that they had no objection to the application.

The Planning Committee discussed the acceptability of the proposal and in weighing up all the issues decided that it was a sustainable site as there was access to regular (one bus per hour) transport facilities.  They also felt that the new dwelling would not adversely impinge on the neighbouring properties.  Therefore the Committee granted full planning permission subject to the inclusion of relevant standard conditions including a suitable condition protecting dark skies (delegated to officers to consider).

Councillor Ganly moved the motion to APPROVE (Full Planning) and this was seconded by Councillor Mier.  The motion was declared CARRIED (7 for / 3 against).

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:

Site Location Plan, dated 9.10.20

OV/DB/MR/02 Proposed Site Layout, dated 07/09/2020

OV/DB/MR/01 Proposed Elevations/ Floor plans, dated 9.10.20

OV/DB/MR/03 Proposed Garage, dated 9.10.20

3.    Prior to occupation of the dwelling hereby permitted, boundary treatments shall be erected strictly in accordance with details submitted to and approved in writing by the Local Planning Authority and thereafter retained and maintained in accordance with the approved details.

Reason: In the interests of visual amenity and to prevent the development from having any harmful impact upon the amenities of adjoining properties by way of overlooking, in accordance with Policy OSS4 (ii and iii) of the Rother Local Plan Core Strategy and DHG11 of the Development and Site Allocations Local Plan.

4.    No development above ground level shall take place until full details of the materials to be used in the construction of the external surfaces of the dwelling and garage 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 Policy OSS4(iii) of the Rother Local Plan Core Strategy and Policy DHG9(ii) of the Rother Development and Site Allocations Plan.

5.    The windows and doors hereby permitted shall not be installed until details of the glazing for the windows and doors have been submitted to and approved in writing by the Local Planning Authority. The details shall include information on the glass technology to be utilised to prevent or significantly reduce light transmission through the glazing at night, which could be in the form of electrochromatic glass or 'smart glazing'. The windows and doors shall be installed and thereafter retained in accordance with the approved details.

Reason: To prevent light pollution and to protect the dark night skies and local ecology of the surrounding countryside, in accordance with Policies EN1 and EN5 of the Rother Local Plan Core Strategy and Policies DEN1 and DEN7 of the Development and Site Allocations Local Plan.

6.    No development shall commence until a scheme for the provision of foul and surface water drainage works has been submitted to and approved in writing by the Local Planning Authority. The dwelling shall not be occupied until the drainage works to serve the development have been provided in accordance with the approved details.

Reason: These details are required prior to commencement of works 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 and DEN5 of the Development and Site Allocations Local Plan.

7.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, (or any order revoking or re-enacting this Order with or without modification), no extensions, alterations or improvements, as defined within classes A, B or C of Part 1 of the Schedule 2 of the order, shall be carried out on the site otherwise than in accordance with a planning permission granted by the Local Planning Authority.  

Reason: To ensure that the satisfactory appearance of the development and area is maintained and to preserve the natural landscape quality and character of the High Weald Area of Outstanding Natural Beauty in accordance with Policy OSS4 (iii) of the Rother Local Plan Core Strategy and DEN1 and DEN2 of the Development and Site Allocations Local Plan.

8.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, (or any order revoking or re-enacting this Order with or without modification), the garage hereby approved shall be used for purposes incidental to the enjoyment of the dwellinghouse and for no habitable use or other purpose without the express approval of the local planning authority.

Reason: To ensure a satisfactory level of off-road parking facilities so as not to prejudice the free flow of traffic and conditions of general safety along the highway and to preclude the creation of a separate dwelling in the countryside and to accord with Policy TR4 and RA3 of the Rother Local Plan Core Strategy.

9.    The dwelling(s) hereby permitted shall not be occupied until it has/they have been constructed in accordance with Part M4(2) (accessible and adaptable dwellings) of Schedule 1 of the Building Regulations 2010 (as amended) for access to and use of buildings.

Reason: To ensure that an acceptable standard of access is provided to the dwelling(s) in accordance with Policy OSS4 (i) of the Rother Local Plan Core Strategy and Policy DHG4 of the Rother Development and Site Allocations Local Plan.

10. The dwelling(s) hereby approved shall meet the requirement of no more than 110 litres/person/day water efficiency set out in Part G of Schedule 1 of the Building Regulations 2010 (as amended) for water usage. The dwelling(s) hereby permitted shall not be occupied until evidence has been submitted to and approved in writing by the Local Planning Authority to demonstrate that the dwelling(s) has been constructed to achieve water consumption of no more than 110 litres per person per day.

Reason: To ensure that the dwelling(s) is built to acceptable water efficiency standards in line with sustainability objectives and in accordance with Policy SRM2 (v) of the Rother Local Plan Core Strategy and Policy DRM1 of the Rother Development and Site Allocations Local Plan.

NOTES:

1.    The development is subject to the Community Infrastructure Levy (CIL). Full details will be set out in the CIL Liability Notice which will be issued in conjunction with this decision. All interested parties are referred to http://www.rother.gov.uk/CIL for further information and the charging schedule.

2.  The Applicant is advised that it is their responsibility to notify their Building Control Body (Local Authority or Approved Inspector) that conditions (10 and 11) triggering the optional technical standards for Water Efficiency and/or Accessibility and Wheelchair Housing Standards are attached to this planning permission and that development should be built accordingly. Enforcement action may be taken without further notice if the relevant standards are not achieved.

3.  The landowner and/or developer should take all relevant precautions to minimise the potential for disturbance to adjoining occupiers from noise and dust during the construction period. This should include not working outside the hours of 8am to 6pm Monday to Friday, 8am to 1pm on Saturdays, and no such work should take place on Sundays or Bank Holidays.

4.  In relation to the significant excavation and construction works, responsibility for securing a safe development rests with the developer and/or landowner.

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: GRANT (FULL PLANNING) SUBJECT TO CONDITIONS

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:

Drawing No. 17-93-08 Loc Plan (May 19)

Drawing No. 17-93-03 Layout Plan (Jan 18)

Drawing No. 17-93-08 G (16-07-21)

Drawing No. 17-93-09 B (16-07-21)

Drawing No. 17-93-09 2B (16-07-21)

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.     Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, (or any order revoking or re-enacting this Order with or without modification), no extensions or garages, as defined within classes A-G of Part 1 of the Schedule 2 of the order, shall be erected on the site otherwise than in accordance with a planning permission granted by the Local Planning Authority.

Reason: In the interests of visual amenity, and to ensure that special regard is paid to the interests of protecting the architectural and historic character of the Listed Buildings and their setting preserve the character of the conservation area in accordance with Policy EN2 of the Rother Local Plan Core Strategy.

4.     Before commencement of any building works/alterations or repairs as hereby approved, samples of the bricks, tiles, weatherboarding to be used shall be submitted to and approved in writing by the Local Planning Authority. The works shall be completed utilising the approved materials only.

Reason: In the interests of visual amenity, and to ensure that special regard is paid to the interests of protecting the architectural and historic character of the Listed Buildings and their setting preserve the character of the conservation area in accordance with Policy EN2 of the Rother Local Plan Core Strategy.

5.     Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, (or any order revoking or re-enacting this Order) with or without modification), no windows or other openings (other than those expressly authorised by this permission) shall be inserted into the elevations or roof slopes.

Reason: In the interests of visual amenity, and to ensure that special regard is paid to the interests of protecting the architectural and historic character of the Listed Buildings and their setting preserve the character of the conservation area in accordance with Policy EN2 of the Rother Local Plan Core Strategy.

6.     Prior to occupation of the development hereby permitted, the new access shall be in the position shown on the submitted plan and laid out and constructed in accordance with the attached HT407 form and all works undertaken shall be executed and completed by the Applicant to the satisfaction of the Local Planning Authority.

Reason: To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway.

7.     The access shall not be used until visibility splays of 2.4m by 33m to the north and 2.0m by 33m to the south of the proposed site vehicular access onto Military Road. Once provided the splays shall thereafter be maintained and kept free of all obstructions over a height of 600mm.

Reason: To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway.

8.     The development shall not be occupied until parking areas have been provided in accordance with the approved plans/details which have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority and the areas shall thereafter be retained for that use and shall not be used other than for the parking 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 Policy TR4 of the Rother Local Plan Core Strategy.

9.     If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority), shall be carried out until a method statement detailing how the unsuspected contamination shall be dealt with has been submitted to and approved in writing by the Local Planning Authority and the works shall be completed in accordance with the approved method statement.

Reason: To prevent pollution of the water environment in accordance with Policy Paragraphs 118, 170 and 178 of the National Planning Policy Framework and Policy OSS3 (viii) of the Rother Local Plan Core Strategy.

10. No development above ground level shall take place on any part of the site until the soft landscaping details have been 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; and

e.  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.

11. No development shall commence until a scheme for the provision of foul and surface water drainage works has been submitted to and approved in writing by the Local Planning Authority and none of the dwellings shall 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.

12. Details of a scheme for the installation of an electric vehicle recharging point to be incorporated into the development shall be submitted to and approved in writing by the Local Planning Authority before the unit is first occupied. The recharging point so approved shall be provided before the unit is brought into use.

Reason: To accord with guidance contained in the National Planning Policy Framework.

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.

(Councillor Mier declared a Personal Interest in this matter in so far as his partner’s son lived opposite the property and had signed a petition against the application and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).

DECISION: DEFERRED FOR SITE VISIT

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, dated 07/12/2018

Proposed Left Hand Side Elevation (Unit 12), Drawing No. 183879/02-08, dated May 2019

Proposed Right Hand Side Elevation (Unit 7), Drawing No. 183879/02-07, dated May 2019

Proposed Ground Floor Plan Units 11&12, Drawing No. 183879/02-03 Rev D, dated May 2019

Proposed Ground Floor Plan Units 7&8, Drawing No. 183879/02-01 Rev E dated May 2019

Landscaping Layout Plan, Drawing No. 183879/100-02 Rev C dated October 2019

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 match those outlined in the application form unless an alternative finish is first submitted to and approved in writing by the Local Planning Authority.

Reason: To protect the special character of the High Weald Area of Outstanding Natural Beauty in accordance with Policy OSS4 (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.

Consideration was given to the report of the Director – Place and Climate Change which detailed proposed changes to the Council’s Scheme of Delegation. 

The proposed changes were mainly a consequence of the Planning Service review which had been carried out earlier this year, as well as the COVID-19 pandemic.  The Development Manager had been tasked with identifying areas for operational improvement.  Two specific areas required improvement namely reducing the backlog of planning applications and enforcement process.  Therefore, it was proposed to amend the scheme of delegation by expanding the function of signing off planning applications to principal or senior planning officers and that the legal department be consulted only on enforcement notices to speed-up processing times.

The Development Manager advised that he was currently reviewing the Council’s Enforcement Plan; once drafted this would be shared with Members for their comments / contributions.  The Chairman requested that a simplified flowchart of the process with timescales be included.

After discussion, Members approved the amendments to the Scheme of Delegation as identified at Appendix A to the report and agreed that Part 8 of the Council’s Constitution be amended accordingly.

RESOLVED: That:

1)    the officer scheme of delegation in respect of the Planning Service be amended as identified at Appendix A to the report; and

2)    Part 8 of the Council’s Constitution be amended accordingly.

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.

Consideration was given to the report of the Director – Place and Climate Change on the planning statistics for the quarters April to June 2021 and July to September 2021 which included a summary of planning statistics for 2020/22.  (In agreement with the Planning Committee, the Chairman considered Agenda Items 12 and 13 together).

Improvements were being realised as a result of the additional resources implemented in the Planning Department.  The backlog of work was reducing despite an increase of applications during 2021.  Significant focus would continue to manage all cases and monitoring would be ongoing.  It was confirmed that, in future a monthly planning statistic report would be presented to the Planning Committee at each meeting.

RESOLVED: That the report be noted.

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.

The Chairman was authorised to sign the Minutes of the meeting held on 14 October 2021 as a correct record of the proceedings.

Consideration was given to the report of the Director – Place and Climate Change which proposed the new Community Infrastructure Levy (CIL) Governance arrangements and proposals for apportionment Strategic CIL funds.  A Community Infrastructure Levy Steering Group (CILSG) had been established to consider the allocation and spending of the Strategic CIL funding.  The CILSG had met four times and the report detailed what had been considered / discussed at each meeting.

Appendix 1 to the report identified the updated CIL Governance and Funding Decisions Protocol for consideration and allocation of Strategic CIL funding and included the application form, assessment criteria and validation checklist.  The Protocol outlined how the Council, as the Charging Authority allocated the Strategic CIL and ensured governance arrangements were consistent and transparent.  There were two main funds, namely the Rother Infrastructure Fund (RIF) (55% apportion) and the Infrastructure Matched Fund (25% apportion).  Both would be sub-divided into Bexhill and Rural sub-funds.  Funds would be allocated to projects identified on the annual Infrastructure Funding Statement and prioritised by the Strategic CIL Allocations Panel.  A Climate Emergency Bonus Fund (20% apportion) would be established to assist schemes that were considered ‘green premium’ e.g. reduced carbon emissions.

As a result of the Council’s restructure, it was recommended that the composition of the Strategic CIL Allocations Panel be the Cabinet Portfolio Holders for Strategic Planning, Finance and Performance Management, Economic Development and Regeneration, Chairman of the Overview and Scrutiny Committee and Chairman of the Council, and supported by the Director – Place and Climate Change, Planning Policy Manager, Chief Finance Officer and Principal CIL Officer.

In October 2020, the CILSG agreed that no amendments be made to the Council’s Instalment Policy, however the Policy would be kept under review. 

It was recommended that a review of the Council’s CIL Charging Scheme be delayed subject to the outcome of the Government’s paused White Paper “Planning for the Future” and further investigation of future infrastructure needs as part of the Local Plan Review.

During the debate the following key issues were noted:

·         Clarity was sought on whether the CIL covered feasibility studies; this would be clarified after the meeting and Members advised.

·         Infrastructure priority requirements were being sought from the parish and town councils, as well as infrastructure providers e.g. East Sussex County Council etc.

·         Strategic CIL retained by the Council could be used to fund a wide range of infrastructure such as transport, flood defences, schools, hospitals and other health and social care facilities etc.

·         CIL must have been generated in order that match funding (commitment from parish or town council or provider) be allocated.

·         CIL could / would incentivise parish councils (rural areas) to progress housing development which required infrastructure improvements.

·         CIL could be used to improve the public realm if it met the CIL legislation tests and supported development.

·         It was requested that the list in Appendix D be broadened to include Sussex Wildlife Trust, Sussex Local Nature Partnerships and Natural England.

·         Joint working on specific infrastructure projects would be essential, particularly where projects overlapped with neighbouring authorities.

As the CILSG had now completed its Terms of Reference as detailed at Appendix 2 to the report, it was proposed that the Group be dissolved.  The good work of the Group along with its Minutes would be brought to the attention of the Overview and Scrutiny Committee at their meeting on 22 November 2021 and Cabinet on 13 December 2021, for onward recommendation to full Council on 20 December 2021.  The CILSG thanked all the Members and officers who had supported and contributed to the work of the Group.

After consideration, the CILSG was supportive of the new Strategic CIL funding apportionment arrangements.

RESOLVED: That Cabinet recommend to full Council that:

1)    the Strategic Community Infrastructure Levy Allocations Panel be established and comprised of Cabinet Portfolio Holders for Strategic Planning, Finance and Performance Management, Economic Development and Regeneration, Chairman of the Overview and Scrutiny Committee and Chairman of the Council and supported by the Director – Place and Climate Change, Planning Policy Manager, Chief Finance Officer and Principal CIL Officer.

2)    strategic Community Infrastructure Levy funds be distributed by the Panel in accordance with the proposed Community Infrastructure Levy Governance and Funding Protocol;

3)    the Council’s Community Infrastructure Levy Instalment Policy be maintained (the Council’s Community Infrastructure Levy Instalment Policy was considered and compared with those of neighbouring authorities);

4)    a review of the Council’s Community Infrastructure Levy Charging Scheme be delayed subject to the outcome of the Government’s paused White Paper “Planning for the Future” and further investigation of future infrastructure needs as part of the Local Plan Review; and

5)    the Community Infrastructure Levy Steering Group be disbanded.

To improve knowledge and transparency, it was suggested that parish and town councils be provided with ‘best practice guidance’ on Community Infrastructure Levy arrangements.  Councillor Dixon agreed to create a protocol document, in consultation with Battle Town Council, Cabinet Portfolio Holder for Strategic Planning and Planning Policy Manager.

RESOLVED: That Councillor Dixon create ‘best practice guidance’ on Community Infrastructure Levy arrangements in consultation with Battle Town Council, Cabinet Portfolio Holder for Strategic Planning and Planning Policy Manager.