The Chair was authorised to sign the Minutes of the meeting of the Overview and Scrutiny Committee held on 18 March 2024 as a correct record of the proceedings.

Members received the report of the Planning Policy Manager which introduced the High Weald Area of Outstanding Natural Beauty (AONB) Management Plan 2024-2029. The current AONB Management Plan was adopted by Cabinet in February 2019; each management plan covered a five-year period. This Plan would be the first edition of a new 20-year strategy, with a five-year implementation plan.

This new strategy took account of current issues such as the biodiversity crisis, climate change, fairer access to nature, and development pressure. This meant that the range of character components had broadened, and other aspects of the Plan had changed, including the inclusion of cross cutting themes: programmes, principles for action and an investment strategy 2024-2029.

The preparation of the Management Plan had been overseen by the High Weald AONB’s Joint Advisory Committee (JAC), which the Council’s Planning Committee Chair sat on. The JAC agreed the final Management Plan 2024-2029 and its supporting papers in March 2024 and recommended that individual local authorities formally adopt the Plan by the end of June 2024.

The Management Plan incorporated introductions, facts and figures and a Statement of Significance before explaining the Core Character Components that underpin the natural beauty of the High Weald AONB. It set out five cross-cutting themes: Restoring Soil Health and Regenerative Land Management; Nature Recovery and Biodiversity; The Climate Crisis: Achieving Net Zero; People and Access; and Planning and Development in the High Weald AONB. The Plan was supported by a Strategic Environmental Assessment; Habitats Regulations Assessment; Equality Impact Assessment; and a Consultation Statement. Members noted that the plan was not a development plan document, but it would be a material consideration in relation to the determination of planning applications.

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

•     settlement nucleation, as detailed on page 25 of the Plan, had not actually taken place in Rother either prior or since the 13th century;

•     the Council, as the Local Planning Authority, set policies through its Development Plan, whereas the AONB Management Plan was a material consideration to help make planning decisions. The Management Plan was taken into account when preparing local and neighbourhood plans, to derive policies to protect the AONB;

•     more detail of the industrial history of Rother would be welcomed in the Plan;

•     officers from all the local authorities involved had made comments throughout the process of preparing the Management Plan;

•     the Plan gave context and highlighted themes and principles, relating to accessibility, active travel, protecting rights of way and transport for residents of villages;

•     the Plan should align with the Council’s Climate Strategy and be used to highlight what it means to live in the AONB;

•     both the East Sussex County Council Councillor and the Council’s Planning Committee Chair, who had sat on the JAC, had approved the Plan;

•     Members of the Committee would have liked to have seen the Plan earlier in the process for scrutiny;

•     national issues such as speed limits on country lanes being limited to 40 miles per hour should be taken forward;

•     parish councils should be encouraged to develop wildflower verges; and

•     the Cabinet Portfolio Holder for Planning, who was present at the meeting, was supportive of the Plan.

The High Weald AONB Management Plan 2024-2029 had completed all of the statutory stages of a review and had been subject to public engagement and scrutiny. Members of the Overview and Scrutiny Committee were happy to recommend to Cabinet and full Council that the Plan be approved and formally adopted, in line with the JAC’s recommendation.

RESOLVED: That the High Weald Area of Outstanding Natural Beauty Management Plan 2024-2029, reproduced at Appendix A to the report, be recommended to Cabinet and full Council for approval and formal adoption.

(When it first became apparent, Councillor J Barnes declared an Other Registerable Interest in this matter as Chair of Etchingham Parish Council and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).

(When it first became apparent, Councillor Mrs Kirby-Green declared a Non Registerable Interest in this matter as a Board Member of the High Weald AONB Unit representing East Sussex County Council and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).

Members received the draft Annual Report to Council as submitted by the Chair, Councillor Osborne.  In accordance with Article 6, Paragraph 6.3 (d) of the Constitution, the Overview and Scrutiny Committee (OSC) was required to report annually to the Council on their workings and make recommendations for future work programmes and amend working methods, if appropriate.

The report covered the period from April 2023 through to the end of March 2024 and gave examples of the various subjects that the OSC had considered during this period, as well as the informal meeting held in January 2024 to consider in detail the outcome and recommendations of the Scrutiny Improvement Review, carried out by the Centre for Governance and Scrutiny in July 2022.

The Chair noted that (MBE) would be added after Councillor J. Barnes’ name in paragraph 14 when the report was submitted to Council. The Chair thanked Members, particularly those new to the Committee, for their input into the many debates that had taken place over the year and for the support of officers and Democratic Services.  The Task and Finish Groups that had been established continued to do a lot of good work with regard to the individual tasks that they had been set.  The Chair thanked the Members of these Task and Finish Groups, as well as outside representatives and officers for their time and input.

It was noted that as the OSC acted as a critical friend to the Cabinet (Executive), it was preferable that items be scrutinised by the Committee before being taken to Cabinet. A recent item had been reported to Cabinet first, but this had been due to the tight timescales involved.

Members of the Committee paid tribute to the Chair and thanked him for his good chairmanship.

RESOLVED: That the Overview and Scrutiny Committee’s draft Annual Report, as amended, be approved and recommended to Council.

The Committee received the report of the Chief Executive on the Council’s Call-In and Urgency Procedures.  In accordance with Overview and Scrutiny Rule 17 (b) of the Constitution, the operation of the provisions relating to call-in, and urgency was monitored annually through a report submitted to full Council via the Overview and Scrutiny Committee (OSC).

The Call-In procedure was the mechanism by which the Council’s OSC could challenge decisions made by the Executive that were not yet implemented.  Eight Executive meetings had been held during the period of the report from 1 March 2023 up until 28 February 2024.  No Executive decisions had been called-in during the period to which the report related and two decisions of Cabinet within the approved budget and policy framework had been deemed and resolved as urgent decisions.

Members agreed that the current arrangements for calling-in an executive decision remained satisfactory and it was not considered necessary to amend the call-in provisions. 

RESOLVED: That the report be noted.

Consideration was given to the Overview and Scrutiny Committee’s Work Programme. Members were reminded that any Councillor could make a request for an item to be placed onto the Council’s Scrutiny Committee Work Programme.

The following addition and amendments were made:

•     Health and Well-Being Board Update Report and the Review of Progress Against the Recommendations of the Health and Well-Being Task and Finish Group be reported to the meeting scheduled to be held on 8 July 2024;

•     Impact of Airbnb and Second Homes in Camber, Rye and Winchelsea be moved to Items for Consideration for further discussion at the annual informal Work Programme planning meeting to be held on 15 May; and

•     Revenue Budget and Capital Programme Monitoring – Quarter 1 2024/25 be moved to the meeting scheduled to be held on 9 September 2024.

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

DECISION: GRANT (LISTED BUILDING CONSENT)

SUBJECT TO CONDITIONS:

1.        The work to which this consent relates shall be begun before the expiration of three years beginning with the date on which this consent is granted.

Reason: In accordance with Section 18 of the Planning (Listed Buildings and Conservation Areas) 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:

Structural Engineer’s Letter – Dated: 29 February 2024

Ref: DGC22404 - Design and Access Statement - Date of Issue: 4 February 2024

Drawing No. DGC-22404/02 - Proposed Works: First Floor Plan: As Proposed – Dated: 01/03/2024

Drawing No. H6312/01 - GENERAL ARRANGEMENT OF COMMITTEE ROOM AND ASSOCIATED AREAS AT TOWN HALL BEXHILL-ON-SEA, EAST SUSSEX – Dated: Feb 2024

Planning Portal Reference: PP-12857258v1 – Location Plan – Date Produced: 04-Mar-2024

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

3.        The materials to be used in the construction of the development hereby permitted shall be as described within the application, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To safeguard the historic fabric and the special architectural and historic character of the Listed Building in accordance with Policy EN2 of the Rother Local Plan Core Strategy.

4.        The process of ‘removal of existing lath and plaster ceiling to Committee Room and replace with new Savolit board and lime hair plaster. Make good and replace cornice like for like’ of the development hereby permitted shall be as described within the application, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure that the development is in keeping with the character and/or appearance of the existing building and to safeguard the historic fabric and the special architectural and historic character of the Listed Building having regard to Policy EN2 (i & ii) of the Rother Local Plan Core Strategy.

5.        In the event that unforeseen circumstances prevent the works from being carried out as per the approved plans/details. Revised plans and details may be submitted to the Local Planning Authority for approval. Once approved the works shall be carried out in accordance with the revised plans/details and retained as such thereafter.

Reason: In the interests of ensuring a timely completion of works and to avoid undue risk to the heritage asset having regard to Policy EN2 of the Rother Local Plan Core Strategy.

6.        Prior to the commencement of works, a mould is to be taken of the undamaged cornice so that if in the event that a section disengages and falls it can be replicated exactly like for like and the new section inserted, and joins made good with lime hair putty / natural hydraulic lime (NHL) cream grout or similar.

Reason: To avoid undue risk to the heritage asset and to ensure that the development is in keeping with the character and/or appearance of the existing building and to safeguard the historic fabric and the special architectural and historic character of the Listed Building having regard to Policy EN2 (i & ii) of the Rother Local Plan Core Strategy.

7.        As noted on Point N1.07 within Drawing No. DGC-22404/02 - Proposed Works: First Floor Plan: As Proposed – Dated: 01/03/2024, should it be required to provide sound insulation during the works (flexible type contained within the existing floor void), details of the type and specification should be submitted to the Local Planning Authority for approval before works commence. Once approved the works shall be carried out in accordance with the details and retained as such thereafter.

Reason: To avoid undue risk to the heritage asset and to ensure that the development is in keeping with the character and/or appearance of the existing building and to safeguard the historic fabric and the special architectural and historic character of the Listed Building having regard to Policy EN2 (i & ii) of the Rother Local Plan Core Strategy.

8.        For the entirety of the works, the existing decorative fire surrounds, decorative door surrounds and wall panelling is to be temporarily protected to prevent damage and mortar splashes.

Reason: To avoid undue risk to the heritage asset and to safeguard the historic fabric and the special architectural and historic character of the Listed Building having regard to Policy EN2 (i & ii) of the Rother Local Plan Core Strategy.

Members heard from the local Ward Member, who had called this item in to Committee following representation from Icklesham Parish Council, who were concerned at additional tanker movements and flood risk issues.

DECISION: GRANT (FULL PLANNING)

SUBJECT TO CONDITIONS:

Condition as amended under RR/76/0411

1.        The total number of caravans stationed on the site shall at no time exceed 57.

Reason: To safeguard the character and appearance of the locality and to control occupancy in the interest of the amenities of the site, in accordance with Policies OSS4 and EN1 of the Rother Local Plan Core Strategy 2014 and Policies DEN1 and DEC2 of the Development and Site allocations Local Plan.

Varied Condition:

2.        The caravans on the site shall not be occupied except during the period 1 March in any one year to the 14 February the following year.

Reason: To ensure that the caravans are not used for unauthorised permanent residential occupation, which would result in the loss of tourist accommodation and would present an unacceptable risk to life in the event of a flood in accordance with Policy EC6 (vi) of the Rother Local Plan Core Strategy and Policy DEC2 of the Development and Site allocations Local Plan.

New Conditions:

3.        The caravans are to be occupied for holiday purposes only and shall not be occupied as a person's sole or main place of residence.

Reason: To ensure that the approved holiday accommodation is not used for unauthorised permanent residential occupation in accordance with Policies OSS4 (iii) EC6 and RA3 of the Rother Local Plan Core Strategy.

4.        The owners/operators shall maintain an up-to-date register of the names of all owners and/or occupiers of individual caravans on the site, and of their main home addresses, and shall make this information available at all reasonable times to the Local Planning Authority.

Reason:  To ensure that the approved holiday accommodation is not used for unauthorised permanent residential occupation in accordance with Policies OSS4 (iii) EC6 and RA3 of the Rother Local Plan Core Strategy.

5.        The development hereby approved shall be implemented strictly in accordance with the flood warning and evacuation plan stated in Appendix 1 of the Flood Risk Assessment (dated 14 December 2023) by Mark Southerton, as already submitted with the planning application and agreed in principle with the Local Planning Authority prior to determination. 

Reason: To ensure the safety of the occupants of the holiday caravans if flooding occurs, as it is located within a Flood Zone and in line with paragraph 167 of the National Planning Policy Framework and Policies EN6 and EN7 of the Rother Local Plan Core Strategy.

NOTE:

1.        The Applicant is advised that a new caravan site licence may be required. Please contact Rother District Council Licensing by e-mail licensing@rother.gov.uk or by phone 01424 787550 regarding this matter.

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.

RM

DECISION: REFUSE (PLANNING PERMISSION)

The Planning Committee had visited the site which was a full application (recommended to delegate subject to conditions and Section 106 agreement) to erect a 64-bed care home (Use Class C2) over two storeys to include landscaping, access and car parking.  The site was a brownfield site owned by East Sussex County Council (ESCC), which was allocated for housing with care (Use Class C3) under Policy WES2 of the Development and Site Allocations Local Plan.  The site lay to the north-east of the village, on the north-western side of the A28 (Main Road). It was located within the development boundary for Westfield and the High Weald National Landscape, also designated an Area of Outstanding Natural Beauty. The site previously contained a detached two storey building dating from the Victorian era, which was last in use as a residential care home. Previous planning permission to develop the site with the erection of a 48-bed residential care unit was not implemented, and the site was subsequently cleared of buildings and had remained vacant for many years.

The development would not provide any affordable housing and as such, would not comply with the Council’s development plan and would undermine the provision of Westfield’s identified housing need. However, it was the officer’s view that in this case, the Applicant had demonstrated that there were material considerations to justify the determination of the application other than in accordance with the development plan.  It was noted that since the site visit, ESCC Highway Authority had acknowledged that the footway on the east side of the main road was narrow, mainly as a result of overgrown vegetation which could be removed through maintenance carried out by East Sussex Highways.  The developer would need to contact East Sussex Highways and request that the existing footway be improved prior to occupation of the development, to ensure that the surface was returned to the maximum width available.

The Planning Committee heard from the Clerk to Westfield Parish Council, who was objecting to the scheme; the clerk also provided commentary from the local GP practice manager. The Planning Committee then heard from the Agent, the Development Director and Head of Healthcare Frontier Estates, the Operator and the local Ward Member, who was also a Westfield Parish Councillor.  Consideration was also given to the comments made by the statutory and non-statutory bodies as detailed within the report.  

It was noted that all the residents in the current home (Whitegates Care Home, Westfield) would transfer to the new building, so whilst in total there were 64 beds, there would only be an additional 43 new residents.

Members asked a series of questions in relation to several issues, including the impact on the local primary care provision that additional high-demand patients would create, car parking provision, proposed staffing levels and proposed local bus service and infrastructure improvements.  Members were surprised to note that the local Clinical Commissioning Group had not responded to the consultation.           

Whilst Members were impressed with the ethos and track record of the proposed operator, Greensleeves Care, they felt unable to support the development in the proposed location at Westfield.  The proposal would take away the last major site in Westfield for development to meet local needs rather than meeting the needs of the whole district.     

At this point of the debate, the Chair adjourned the meeting to consider reasons for refusal, which were confirmed as follows: 

The Planning Committee resolved to refuse this application, contrary to the officer's recommendation, on the grounds that it was contrary to Policy WES2 and detrimental to Westfield’s ability to meet its housing needs. Furthermore, the Planning Committee was not satisfied in regard to Policy OSS3 that it would not have a markedly adverse impact on the provision of primary care services to the village.

Councillor J. Barnes moved the motion to REFUSE (Planning Permission) and this was seconded by Councillor Mrs Barnes.  The motion was declared CARRIED (8 for / 3 against).

REASON FOR REFUSAL:

1.          The proposed care home development would be contrary to Policy WES2 of the Development and Site Allocations Local Plan 2019, which seeks to secure housing with care, and therefore would be detrimental to Westfield local area’s ability to meet its housing needs, as specified in the Development Plan. Furthermore, the proposed care home development would be contrary to Policy OSS3 (ii) of the Rother Local Plan Core Strategy 2014, as it has not been satisfactorily demonstrated that the proposal would not have a markedly adverse impact on the provision of primary care services to the village.

NATIONAL PLANNING POLICY FRAMEWORK: In accordance with Paragraph 38 of the National Planning Policy Framework, the Local Planning Authority has worked in a positive and pro-active way with the Applicant and looked for solutions to enable the grant of planning permission. However, it has not been possible to overcome all matters of concern and the reasons for this have been clearly set out in the reason for refusal, thereby allowing the Applicant the opportunity to consider whether or not they can be remedied as part of a revised scheme.

(Councillor Coupar declared an Other Registerable Interest in this matter in so far as she was a Member of Westfield Parish Council and in accordance with the Member’s Code of Conduct remained in the room during the consideration thereof).

(When it first became apparent, Councillor Field declared an Other Registerable Interest in so far as she was an elected non-Executive Member of East Sussex County Council and in accordance with the Members’ Code of Conduct, left the room during the consideration thereof).

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 Chair was authorised to sign the Minutes of the meeting held on 14 March 2024 as a correct record of the proceedings.

Members considered the report of the Chief Executive and Interim People Programme Manager, which provided the Human Resources (HR) Committee with an update on the People Programme of work, including the draft People Strategy and Workforce plan framework, and to recommend adoption of Rother District Council (RDC) Values.

The HR Committee was aware that the RDC Fit for the Future (FftF) programme included a People Strategy as a key workstream, enabling delivery of the other workstreams that were focussed on financial resilience, asset management and digital transformation.  A high-level illustration of the programme was included at Appendix 1 to the report.

The agreed deliverables for the People Programme were: a People Strategy; an Operating Model for the design of the organisation; and People Policies, to deliver the People Strategy priorities.

A review of the People Programme was undertaken in February 2024 and workstreams proposed to accelerate activity and ensure key deliverables were achieved by Q3 2024/25.

In March 2024, the Overview and Scrutiny Committee received a presentation on the progress of the audit recommendation to develop and implement a Workforce Plan for RDC during 2023/24. A People Strategy Working Group (PSWG) was set up, drawing on a cross section of staff, along with trade union representation, to review the first six weeks of programme activity and consider: Workforce data aligned to the Draft People strategy pillars and outcomes; a Draft People Strategy; Draft Values and Behaviours; and Draft Workforce planning priorities. The draft outcomes and pillars of the People Strategy were also shared at an officer away-day for feedback.

Feedback from the PSWG had been very positive; Group members were pleased to see action being taken and how that would impact in the long term. Regular updates would be shared with Members.

Attached at Appendix 2 to the report was a draft People Strategy framework and draft Workforce Plan priorities were attached at Appendix 3. The draft Values and Behaviours, detailed at Appendix 4 to the report, had been developed based on work undertaken in late 2023 with staff and managers, to capture views on organisational values.  This was grouped under the mnemonic ‘ROOT’ with a memorable visual linked to the RDC logo and analogy in that the Council’s values ‘are the root from which we grow’.

The Committee was requested to consider three options, as detailed in the report and it was recommended that Option 2 be agreed, on the basis that the approved FftF Programme People Workstream was a critical aspect of the overall RDC change programme.  This option had funding allocated and contributed to both resolving an outstanding audit recommendation, as well as improving organisational performance. This option was the best balance between cost and pace, making progress on this priority activity in Q1/2 of 2024/25, enabling benefits delivery starting Q3/4 of 2024/25.

Members of the Committee were happy to agree to Option 2 as detailed in the report and the Chair thanked the Interim People Programme Manager for his work on progressing the Programme.

RESOLVED: That:

1)        progress on the People Programme be noted;

2)        the recommended approach to develop the People Strategy and Workforce Plan framework be approved; and

3)        the Rother District Council Values and Behaviours framework be reviewed and approved.

Members received the report of the Human Resources Manager which sought approval to update the Council’s Pension Discretions Policy to reflect the amendments recently made to the Local Government Pension Scheme (LGPS). Making these amendments to the Rother District Council Pension Discretions Policy demonstrated the Council’s commitment to compliance with regulatory requirements.

The Council’s pension scheme operated under the Local Government Pension regulations and the policy set out Rother’s approach to Pension Discretions. A key principle behind this policy was to set out the Council’s approach to pension discretions, treating employees fairly and consistently, whilst being open and transparent.

Members of the Committee supported the recommendation to update the Council’s Pension Discretions Policy, as amended.

RECOMMENDED: That the Council’s Pension Discretions Policy, at Appendix A to the report, updated to reflect the amendments recently made to the Local Government Pension Scheme (LGPS), be approved and adopted.

The Chair was authorised to sign the Minutes of the meetings of the Human Resources Committee held on 30 August 2023 and 29 February 2024 as correct records of the proceedings.