Rother District Council
PLANNING COMMITTEE
20 July 2006
Minutes of the Planning Committee held at the Town Hall, Bexhill on Thursday 20 July 2006 at 9.30am.
Present: Councillors C.N. Ramus (Chairman), R.E. Parren (Vice Chairman), Mrs H.R. Bridger, R.F. Dyason, P. Fairhurst, Mrs J.P. Gadd (in part), G.E.S. Hearn, J.A.J. Kemp, B. Kentfield, P.G. Lendon, C.R. Maynard (in part), K. Standring and D.W.L.M. Vereker.
Also present: Councillors Mrs E.E. Armstrong and Mrs J.M. Hughes (in part).
Advisory Officers in attendance: Head of Planning, Development Control Manager, Legal Services Manager (in part), Team Leader (East) Development Control (in part), Team Leader (West) Development Control (in part), Principal Planning Officer (Enforcement and Appeals) (in part), Democratic Services Officer and 13 members of the public.
PL21. MINUTES
The Chairman was authorised to sign the minutes of the meeting of the Committee held on 22 June 2006 as a correct record of the proceedings.
PL22. APOLOGIES FOR ABSENCE
Apologies for absence was received from Councillors Mrs W.M. Miers (ex-officio) and Mrs D.C. Williams.
DECISIONS TAKEN UNDER DELEGATED POWERS
PL23. ENFORCEMENT MATTERS
The following enforcement matters were reported:
(1) Bexhill – 63 Wilton Road – Condition of Property
RESOLVED: That, subject to being satisfied evidentially, the District Secretary be authorised to issue the appropriate notice under Section 215 of the Town and Country Planning Act 1990 and take any other steps necessary including legal action under Section 216 of the Town and Country Planning Act 1990.
Compliance period: Two months.
(2) Bexhill – Glyne Manor, Glyne Drive – Untidy site.
RESOLVED: That subject to being satisfied evidentially, the District Secretary be authorised to issue the appropriate notice under Section 215 of the Town and Country Planning Act 1990 and take any other steps necessary including legal action under Section 216 of the Town and Country Planning Act 1990.
Compliance period: Two months.
(3) Icklesham – Land opposite Ferryfields Holiday Park, Station Road, Winchelsea – Untidy site.
RESOLVED: That, subject to being satisfied evidentially, the District Secretary be authorised to issue the appropriate notice under Section 215 of the Town and Country Planning Act 1990 and take any other steps necessary including legal action under Section 216 of the Town and Country Planning Act 1990.
Compliance period: One month.
(4) Ticehurst – Cherry Tree Nursery, Hawkhurst Road, Flimwell – Change of use of land from agriculture to a mixed use comprising agriculture and the sale of items not produced on the land and erection of a CCTV/floodlighting pole.
RESOLVED: That, subject to being satisfied evidentially, the District Secretary be authorised to issue the appropriate enforcement notice and take any other steps necessary including legal action under Sections 179 and 181 of the Town and Country Planning Act 1990.
Compliance period: One month.
PL24. TREE MATTER
The following tree matter was reported:
(i) 10.4.2.251 – The District of Rother (Marylands, 32 Hastings Road, Battle) Tree Preservation Order 2005.
RESOLVED: That the District of Rother (Marylands, 32 Hastings Road, Battle) Tree Preservation Order 2005 be CONFIRMED without modification in respect of two oaks (T2 and T4), one horse chestnut (T1) and one sycamore (T3) at Marylands, 32 Hastings Road, Battle.
PL25. APPLICATIONS
Outline planning permissions are granted subject to approval by the Council before any development is commenced, of the siting, design, external appearance of the buildings, means of access thereto and landscaping. Unless otherwise stated, every planning permission is granted subject to the development beginning within 3 years from the date of the permission - or in regard to outline permissions, in the case of reserved matters, application for approval 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 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 as a means of providing further information for elected members. This delegation also allows the Head of 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 shown in Appendix A attached hereto.
PL26. PLANNING OBLIGATIONS
RESOLVED: That in relation to the applications below:-
a) the District Secretary be authorised to prepare a Planning Obligation under the provisions of Section 106 of the Town and Country Planning Act 1990 (as amended) in respect of the matters indicated; and
b) power be delegated to the Head of Planning, exercisable upon execution of the Obligation to the satisfaction of the District Secretary, to grant permission subject to the conditions stated.
(1) / RR/2006/1184/P / BURWASH LOWER BOUGH FARM, HEATHFIELD ROADERECTION OF DETACHED TWO STOREY DWELLING INCLUDING DORMERS AND ROOFLIGHTS WITH PROVISION OF THREE PARKING SPACES
Mr and Mrs D Henry
RESOLVED: That subject to the completion of a Section 106 Obligation to rescind all previously granted planning permissions on the site including the consent for the erection of a forge and the Lawful Development Certificate and subject to re-consultation on the amended plans, the decision be delegated to the Head of Planning to grant full planning permission subject to the following conditions:
1. CN7B (External Materials – a, b and c)
2. CN8C (Foul and Surface Water Drainage)
3. (Contaminated Land Investigation)
4. CN13C (Tree retention)
5. No development shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of landscaping which shall include accurate indications of all existing trees and hedgerows on the land, details of those to be retained and measures for their protection in the course of development. The scheme shall also make provision for the planting of a landscaped area on the east side of the site as hatched in green upon the approved drawing no. 0422/8rev C. The landscaping area hereby agreed shall be maintained and used for no other purpose.
6. CN5E (Restricted Permitted Development – a, b and c)
7. CN5D (Obscure glaze windows) – The windows in the eastern elevation….
Notes: N1A (Amended Plans), N12A (Section 106), N24A (Contaminated Land), N7A (Private rights of way/access), N20A (Building over sewers)
REASONS FOR GRANTING PERMISSION: Following the inspection of the site by members of the Planning Committee and the receipt of amended plans showing the re-siting and re-design of the proposed dwelling and the re-siting of the parking area, the development is considered to relate satisfactorily with adjacent development subject to the imposition of limiting conditions, landscaping and the completion of a Section 106 Planning Obligation recinding previous planning permissions granted on the site. The development therefore complies with policies GD1 and HG10 of the Rother District Local Plan and policies S1 and EN2 of the East Sussex and Brighton and Hove Structure Plan 1991-2011.
(Councillor D.W.L.M. Vereker declared a personal interest and prejudicial interest in this matter in so far as he is a personal friend of the objectors and in accordance with the Members’ Code of Conduct left the room during consideration thereof.)
(2) / RR/2006/1339/P / BURWASH ‘BOWMANS’, PERRYMANS LANEERECTION OF DETACHED THREE STOREY DWELLING WITH DETACHED QUADRUPLE GARAGE
Mr J Crossley
RESOLVED: That subject to the modification of the existing Section 106 Obligation to ensure that the existing dwelling is demolished, the decision be delegated to the Head of Planning to grant full planning permission subject to the following conditions:
1. CN13D (Tree retention).
2. CN5C (Exclude GDO - all structures)
3. The garage accommodation hereby permitted shall be retained for domestic garaging purposes only and shall not be used for any trade or business and no residential accommodation shall be formed therein.
Reason: RC35.
4. Within 28 days of the occupation of the new dwelling hereby permitted the existing dwelling shall be demolished and the site cleared of resultant rubble and spoil.
Reason: RC14.
5. CN7D (External surface treatment).
6. Before any constructional work is commenced details of floor levels shall be submitted to and approved in writing by the Local Planning Authority and the development shall be undertaken in accord with the approved details.
Reason: RC13.
7. Prior to the commencement of development a detailed schedule of external materials and finishes shall be submitted to and approved by the Local Planning Authority and the development shall be undertaken in accord with the details approved.
Reason: RC2.
REASONS FOR GRANTING PERMISSION: The proposed development is considered to be of an acceptable size and design that responds to the site characteristics, is sensitive to landscape constraints and is energy efficient. The scheme is therefore regarded, on balance, to be in compliance with Policies S1, EN1 and EN2 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy GD1 of the Modified Revised Deposit Rother District Local Plan (March 2006).
(3) / RR/2006/1346P / BECKLEY CHESTNUT COTTAGE, MAIN STREETDEMOLITION OF EXISTING BUNGALOW AND ERECTION OF REPLACEMENT DWELLING
Mr M Marsh and Ms C Gharagozlou
RESOLVED: That subject to the completion of a Section 106 Obligation to ensure that the existing dwelling is demolished and that the rebuilding rights are extinguished, the decision be delegated to the Head of Planning to grant full planning permission subject to the following conditions:
1. CN7B a) roofing tiles b) facing bricks c) weatherboarding (External materials).
2. CN8C (Foul and surface water details).
3. Prior to the new dwelling being occupied the turning space and car parking area shall be provided in accordance with the submitted plan (Drawing No. 0606/SP1 dated April 2006) and the areas shall thereafter be retained for that use and shall not be used for any other purpose.
Reason: To ensure vehicles enter and leave the vehicular access in forward gear in the interests of highway safety and to accord with Policy S1(d) of the East Sussex and Brighton & Hove Structure Plan 1991-2011, and Policy GD1(iii) of the Rother District Local Plan.
4. No development shall commence to construct the new dwelling until a programme to demolish the existing dwelling has been submitted to and approved in writing by the Local Planning Authority. There shall be one dwelling only within the site shown edged red on the approved plan.
Reason: To enable the Local Planning Authority to regulate and control the development of the land and to accord with Policy HG10(i) of the Rother District Local Plan.
5. CN5E a) b) (Restriction of alterations/additions)
6. CN13D Amend to ‘no trees or hedge on the frontage’ (Frontage tree retention)
REASON FOR GRANTING PERMISSION: Although the replacement dwelling will increase the exiting floor space area, by virtue of a habitable first floor, the footprint of the dwelling is reduced by some 34 sq.m. Its design, scale and siting will not detract from the area as a whole and it is sufficient distance from neighbour properties to preserve their residential amenities. As such the proposal meets the objectives of Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011, and Policies GD1 and HG10(i) of the Rother District Local Plan.
MATTER FOR INFORMATION
PL27. ADOPTION OF THE LOCAL PLAN
The Head of Planning advised Members that the Local Plan had been adopted on 10 July 2006 – the first Local Plan to cover the whole of the Rother District. Notification had been published in the London Gazette and there followed a six week period for legal challenge. Hard copies of the Plan would be available in due course, but in the meantime Members could access the full document on the Council’s website.
PL28. DATE FOR SITE INSPECTIONS – Tuesday 15 August 2006 at 8.30am departing from the Town Hall, Bexhill.
CHAIRMAN
The meeting closed at 1.45 pm pl060720.rac
PLANNING COMMITTEE 20 JULY 2006 APPENDIX A
RR/2006/1799/P CATSFIELD SPRINGFIELD, CHURCH LANE
ADDITION OF FIRST FLOOR EXTENSION.
Mr and Mrs S Lavocah
Statutory 8 week date: 23 August 2006
DECISION: GRANT (FULL PLANNING) DELEGATED (EXPIRY OF CONSULTATION PERIOD)
1. CN7C (Matching external materials)
Note: N1A (Amended plans) Drawing No: 06-1021-1 Rev A (Date stamped 14 July 2006)
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RR/2006/395/P BURWASH PERCH HILL FARM, WILLINGFORD LANE
VARIATION OF CONDITION 2 IMPOSED UPON PLANNING PERMISSION RR/2003/436/P TO INCLUDE ALL COOKING, AS WELL AS COUNTRY PURSUITS AND SMALL HOLDING, WITH THE POSSIBILITY OF OCCASIONAL USE FOR LOCAL, SEASONAL FOOD FAIRS.
Dr S Raven
Statutory 8 week date: 31 March 2006
DECISION: REFUSE (FULL PLANNING)
1. The existing access at its junction with Willingford Lane (UC6906) has substandard visibility and construction, and existing hazards would be increased by the additional slowing, stopping, turning and reversing traffic which would be created, contrary to the provisions of Policy TR3 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and GD1 of the Rother District Local Plan.
2. The approach road, Willingford Lane, is unsuitable to serve the proposed development by reason of its narrow width, poor alignment, lack of footways and substandard junction with the A265, and the resultant increased use of the lane would be detrimental to highway safety for both pedestrian and vehicle users, contrary to the provisions of Policy TR3 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and GD1 of the Rother District Local Plan.