Corporate and Cultural Services

23 August 2013 . Planning Committee

Date: Wednesday 4 September 2013

Time: 6:00pm

Venue: Gordon Room, Worthing Town Hall, Chapel Road, Worthing

Committee Membership: Councillors Joan Bradley (Chair), Val Turner (Vice-Chair), Noel Atkins, Christine Brown, Michael Cloake, Carol Molineaux, Victoria Taylor and Hazel Thorpe.

NOTE: Anyone wishing to speak at this meeting on a planning application before the Committee should register by telephone (01903 221006) or e-mail heather.kingston@adur- worthing.gov.uk before noon on Tuesday 3 September 2013.

Agenda

1. Declarations of Interest / Substitute Members

Members and Officers are invited to make any declarations of disclosable pecuniary interests that they may have in relation to any items on this Agenda. The declaration should refer both to the nature of the interest as well as its existence.

Members and Officers may seek advice upon any relevant interest from the Monitoring Officer prior to the meeting.

Any substitute members should declare their substitution.

2. Confirmation of Minutes

To approve the minutes of the Planning Committee meeting of the Committee held on the 10 July 2013, copies of which have been previously circulated.

3. Items Raised Under Urgency Provisions

To consider any items the Chair of the meeting considers urgent.

Executive Head of Corporate and Cultural Services: Jeremy Cook 01903 221028 Adur & Worthing Councils, Town Hall, Chapel Road, Worthing, West Sussex, BN11 1HA web: www.adur-worthing.gov.uk - 1

4. Planning Applications

To consider the report by the Executive Head of Planning, Regeneration and Wellbeing, attached as Item 4.

5. Public Question Time

To receive any questions from members of the public.

(Note: Public Question Time will last for a maximum of 15 minutes).

6. Enforcement Report - Feast, 4 Warwick Street, Worthing – Unauthorised Advertising Mural

To consider the report by the Executive Head of Planning, Regeneration and Wellbeing, attached as Item 6.

For Democratic Services enquiries relating For Legal Services enquiries relating to this meeting please contact: to this meeting please contact:

Heather Kingston Louise Mulroy Democratic Services Officer Solicitor 01903 221006 01903 221029 [email protected] [email protected]

Duration of the Meeting: Four hours after the commencement of the meeting the Chairperson will require the meeting to consider if it wishes to continue. A vote will be taken and a simple majority in favour will be necessary for the meeting to continue.

2 Planning Committee 4th September 2013

Agenda Item 4

Ward: ALL

Key Decision: Yes / No

Report by the Executive Head of Planning, Regeneration and Wellbeing

Planning Applications

The Committee is requested to consider the following planning applications in accordance with the power contained within section 70 of the Town and Country Planning Act 1990 which states:-

(1) Where an application is made to a local planning authority for planning permission:-

(a) subject to sections 91 and 92 (time limits), they may grant planning permission, either unconditionally or subject to such conditions as they think fit; or

(b) they may refuse planning permission.

(2) In dealing with such an application the authority shall have regard to:-

(a) the provisions of the development plan, so far as material to the application,

(b) any local finance considerations, so far as material to the application, and

(c) to any other material considerations, and

Section 38 (6) of the Planning and Compulsory Purchase Act 2004 which states:-

“If regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise.”

3 1 Application Number: AWDM/0625/13 Recommendation – APPROVE

Site: Northbrook College Littlehampton Road Worthing

Proposal: Erection of 60 bed care home with associated parking and landscaping

2 Application Number: AWDM/0637/13 Recommendation – APPROVE

Site: Playing Field Glynn Owen Youth And Community Centre South Farm Road Worthing

Proposal: Erection of 4 no. 12 metre high (Christy Lighting Based Hinged R&L) lighting columns on north and south sides of synthetic turfed pitch

3 Application Number: AWDM/0814/13 Recommendation – APPROVE

Site: 5 West Avenue

Proposal: Application for variation of condition 2 of AWDM/0638/12 to reposition of building by 350mm to the north and revised boundary dimensions

4 Application Number: AWDM/0835/13 Recommendation – APPROVE & AWDM/0836/13

Site: Land North Of West Mansions Heene Road Worthing

Proposal: Reconfiguration of existing car park to provide 6 residential parking spaces and 4 office parking spaces along with provision of hard and soft landscaping and replacement of the vehicular entrance piers and gates.

5 Application Number: AWDM/0685/13 Recommendation – APPROVE

Site: Southern Pavilion Worthing Pier The Promenade Worthing

Proposal: Use of Southern Pavilion as wedding and social events venue with (daytime) cafe and ice cream kiosk

4 1

Application Number: AWDM/0625/13 Recommendation – Approve

Site: Northbrook College, Littlehampton Road, Worthing

Proposal: Erection of 60 bed care home (C2) with associated parking and landscaping

Applicant: Guild Care Ward: Northbrook Case Officer: Paul Pennicott

Not to Scale

Reproduced from OS Mapping with the permission of HMSO © Crown Copyright Licence number LA100024321

Site and surroundings

The site is situated on the north side of Littlehampton Road and to the east of the Northbrook College buildings. Recently the access to the College has been altered and improved to facilitate the development of this land for residential use, a car showroom and a care home. Construction has commenced on site.

To the east of the site is Southern House industrial estate in Yeoman Way and the four storey Southern Water headquarters with the David Lloyd leisure centre to the north.

5 There is a small copse and Lower Northbrook Farm at the northern end of this large development site.

Relevant Planning History

The proposal is on part of a larger application site on which planning permission was recently granted for 117 residential units as a mixture of houses and flats, a single storey car showroom with workshops for Caffyns and an 84 bed care home and specialist dementia and nursing care unit for Guild Care in the south-east corner of the site behind an existing group of trees adjacent to the A2032 (application AWDM/0521/12 refers).

Proposal

Permission is sought for a redesigned Guild Care building on the same site as the previous approval. It would comprise 4260 square metres on three floors to create 5 suites of 12 individual bedrooms with en-suite facilities. The bedroom suite is found at the southern end on the ground floor. The other 4 suites on the upper floors are spread across the whole of the first and second floors with each floor being supported by a nurse station, an office, lounges and dining areas.

The ground floor would accommodate a day centre providing a clinic, physiotherapy service, a hairdressers, bathroom, laundry with ironing area lounge and dining areas with support offices. There would also be a reception area, café and shop accessed by the main entrance on the west side.

Externally the building would be set centrally within its site with an open garden to the south containing pathways, seating areas, sensory planting, a greenhouse and vegetable planters. There would be a second garden onto the square to the north which would be enclosed by railings and planting. To the east would be a service yard and parking for 16 vehicles with access to Yeoman Way. To the west of the building would be the visitor entrance and parking area for 7 cars with access from the adjoining residential estate.

The building would be some 66 metres deep and at its widest point overall 35 metres wide. It would be within traditional pitched roofs, parapeted on the north and part west elevations, and 7 metres to its tallest ridge point. The elevations would be a combination of brick and render with render being used predominantly in the projecting rendered gables.

Supporting Documents

The applicant has submitted a supporting statement and a design and access statement with the application as follows.

6 i) Supporting statement

The applicant has submitted the following supporting statement:

Guild Care is a registered charity, established in 1933, providing innovative solutions to the care needs of local older people and unpaid carers living in Worthing and its surrounding areas. Over the years we have played a leading role within the town, setting up some of Worthing's most well loved organisations including Worthing Citizens’ Advice Bureau (one of the first in country), St Barnabas, House Hospice and the Worthing Council for Voluntary Service.

Working at the forefront of caring for older people today through our residential care homes and community outreach services we offer support to local carers and people at all stages of old age—the only charity in Sussex to do so. We support over 3,000 people each year and employ over 550 staff working alongside 250 volunteers. Our services, which are all based in Worthing include:

• CaerGwent — 61 bed nursing home Linfield House —54 bed dementia care home with nursing Irene House — 40 bed nursing home Dolphin Court — 31 sheltered housing flatlets Domiciliary Care — providing home help, home care and specialist dementia and intermediate care services Health and Wellbeing Services — providing a wide range of activities to help people remain fit and healthy during their older years. • Wreath Services --providing community outreach support for older people focusing on health prevention concerns Dementia Respite Care Services - including Time Out for Carers and Time Out and About. • Community Transport Service — to support people to access our services The Ashdown Centre — providing respite care services for children and young people with special needs

At the centre of older people's care within Worthing, we have a deep understanding of our local community and are wholly committed to responding to the changing needs of our older population.

All our services are in high demand given over 23% of Worthing's population is over 65 compared to a national average of 17%. In addition, our population is living longer with early death rates from cancer, heart disease and strokes having fallen significantly in the last ten years. This ageing population means. that although people are living for longer, when they reach an age where they require residential and nursing care they are inevitably far frailer.

Dementia is a progressive, degenerative and irreversible brain disorder that causes intellectual impairment, disorientation and eventually death. There is no cure. A

7 diagnosis of dementia can be devastating, not just for the person with the illness but also for their partner, family and friends as they experience feelings of grief for the loss of their loved one as dementia advances. Nationally it is estimated that 2-5% of people over 65 and 20% over those over 85 suffer from the disease. As our population lives longer, the number of people with dementia will inevitably increase and is set to more than double in the UK by 2051 to 1.7 million. This means that dementia will affect the lives of around one in three people either as a sufferer, carer or relative. Worthing is home to around 3,000 people with dementia at present, a number that is increasing each year.

Many people with dementia are happier if they can remain independent in their own homes. To achieve this it is important to support both those with dementia and their carers through respite care services such as Guild Care's Time Out for Carers and Home Care Service. Sadly, there often comes a point when it is no longer possible for a person with dementia to remain at home and they need to move into residential care.

The demand for excellent end of life care for people with dementia is also increasing as older people live longer with the disease as care improves. Although today many people remain with their own homes for longer, leaving the decision to move into residential care until the very end, this does mean that when the time comes to move into a care home it can be very distressing for both the older person and their family. Yet good end of life care can make this move much easier by supporting older people to live well with their dementia until the end of their lives.

Despite the prevalence of care homes in Worthing, there is a real shortage of high quality, affordable, residential and nursing dementia care. 40% of older people in residential and nursing care homes in West Sussex cannot afford to pay for their own care, so the provision of quality dementia care for people whose fees are state funded is essential.

New Care Home As a local charity Guild Care is committed to providing high quality and accessible accommodation and care services for the community of Worthing. We are, therefore, very pleased to have the opportunity to develop a new purpose built home of 60 beds (all with en suite facilities and excellent communal space) providing specialist dementia and nursing care at the Northbrook site.

This will be an affordable home with 40% of its beds allocated to state funded residents and private fees benchmarked at fair market rates. The new home will also provide a much needed in-house dedicated community dementia centre to allow Guild Care to expand the range and availability of our respite care services for people with dementia within a safe and purpose built environment.

Although the designs for the new home are 24 beds less than our previous application we still expect to accommodate over 80 residents each year and to create 75 new full

8 time jobs for Worthing. With the spread of part time staff who usually work within a care home, this is likely to mean new employment opportunities for over 100 staff.

Guild Care is very committed to the training and development of the staff it employs as part of our overall strategy to be the local provider and employer of choice within the sector. Part of that work has involved us in developing extensive links with Northbrook College from whom we access a number of training services to support our staff, which include:

Apprenticeships – we work in conjunction with Northbrook for all our social care apprenticeships, and will be looking to increase the types of apprenticeships we take on in the future with the opening of the new home to include catering and beauty therapies. .

QCF – Replacing the old NVQ’s which Guild Care used to provide in house, Northbrook now delivers all of our QCF’s at Level 2 and 3 for care and housekeeping staff.

Distance learning – We currently access a variety of funded training from Northbrook to enhance learning skills throughout the organisation. This can be certified courses such as Equality & Diversity, Medicines Management and Infection Control. These courses are not just care related, and can be available in Customer Services, Team Leading and Housekeeping.

At the present time we are one of the main employers in Worthing that are working with Northbrook accessing such a variety of different projects.

Guild Care is, therefore, an important provider of older people’s services to the town of Worthing and offers a wide range of employment opportunities that are supported through good training and development programmes. The opening of our new care home will allow us to develop and deliver essential dementia services whilst at the same time increasing the overall number and variety of jobs that are available.

The applicant submitted the following supporting statement with previous application which makes additional points.

 The requirement for a specific facility for dementia care has been as a result of considerable under-funding for many years in the nursing home sector. Many homes are run from failing Victorian buildings, which do not meet current minimum standards and are very expensive to run.

 The dementia-care home will be located on the south-east corner of the site, set behind an existing group of trees adjacent to the A2032 and on the eastern part of the site. The proposed home will provide 84-bedrooms, all with en-suite bathroom facilities, alongside specialist dementia and nursing care facilities specifically designed to support local people.

9

 In addition, a bespoke day-care centre is proposed to the ground floor of the home, catering for outside elderly visitors. Guild Care operates a shuttle minibus service for up to 40 day-care visitors, enabling them to use the facilities in addition to the residents. This in-house dedicated community space enables Guild Care to expand their respite care services for people with dementia, with associated facilities including a restaurant, assisted bathing, a hairdressing salon and physiotherapy facilities.

 The dementia-care home will be designated as an ‘ affordable home’, with up to 40% of the bed spaces allocated to state funded residents; ensuring that Guild Care continues to provide affordable care in the local community. The proposed use is complementary and in sympathy with the residential and car showroom uses.

 The layout and detailed building design has been influenced both by the open nature of the site and the relationship with the immediate area. The latest Care Quality Commission advice on care home design has been followed rigorously to create a fully compliant scheme with level access throughout.

 The layout consists of three main building elements in total; two key 'wings' and a central 'link' element joining the wings to create a central feature entrance that provides access to all areas of the building. The scheme creates high quality views from inside the building focussed around landscaped open spaces to the north-west (a publically accessible patio garden to the day-care centre) and south (a lockable resident garden with sensory features and structured planting).

 The Landmark Square serves as the front of house visitor access whilst Yeoman Way serves as a private vehicular access for back of house activity for staff, deliveries and refuse collection. The Yeoman Way entrance also provides access to a shared electricity sub-station required as part of the overall Northbrook Site proposals.

 Each site entrance will be denoted with granite setts and metal gates will ensure site security. The driveways are integrated into the layout, changing to permeable block paving within shared surface car parking areas to ensure pedestrian priority and a 10mph speed limit.

 Orientation has been carefully considered within the building envelope to create effective and high quality frontages to the building both from the shared surface access driveways , from the Landmark Square and from the A2032 whilst ensuring that resident rooms and communal facilities get good amounts of both natural lighting and natural ventilation.

 29 car parking spaces are provided, with an additional two drop-off spaces at the main entrance. Two minibus parking spaces are provided at the rear of the site.

10 A turning head is proposed within the eastern parking area for refuse, fire and emergency vehicles. Bicycle storage is provided in a separate single-storey covered timber enclosure to the north of the site adjacent to the sub-station. Refuse, recycling and medical waste storage is proposed adjacent to the minibus parking area in two separate timber fenced enclosures. ii) Design and Access Statement

The applicant has also submitted a design and access statement which sets out the following points in addition to the points already made in the supporting statement:

 The development principles have been influenced by the wider context of physical, social and economic characteristics and relevant planning policy  Constraints and opportunities have been identified  The scheme is designed to blend in with the area  The area contains medium to high density residential including houses and apartments using brick and render with adjoining industrial units having a mix of cladding, brick, metal panels and timber cladding. High quality brick, render and concrete interlocking tiles will be used in the construction.  There is a mixture of buildings of varying heights around the site but eaves heights are designed to match those of the adjacent apartment blocks around the square  The site will be enclosed by 2 metre hit and miss fencing and a 1.2 metre high railing  The nursing home will have 85% of its staff living within 3 miles of the site. Some 100-120 jobs are likely to be created. Many will be non-qualified with little or no experience. It will work with local job centres to help unemployed, those returning from maternity absence and invalidity  As a relatively flat site there would be little earth movement and disturbance for neighbours  The site is close to public transport routes  The site is outside any flood risk area  The layout would create only a 30% footprint within the whole site  It will minimise overlooking of adjoining properties with appropriate distances to boundaries iii) Environmental Considerations

The applicant has also submitted the following statement regarding the sustainability of the building and the BREEAM standard:

Reference has been made to the previous planning application for this site and the condition that the previous building achieved a BREEAM rating of very good. BREEAM is a standard against which the sustainability of new buildings in the UK is assessed. Developers and their project teams use the scheme at key stages in the design and

11 procurement process to measure, evaluate, improve and reflect the performance of their buildings.

This standard includes information from approved professionals consulted at an early stage and is followed through the design process achieving credits which are totalled and added to the later stages of the design. The various credits from the various stages are totalled to achieve a target score.

BREEAM works well with multi residential homes and commercial properties where time allows for the consultation process to take place and is a way of proving a building achieves a high standard of sustainability. Unfortunately where the pre consultation is shortened or where because of the specialist nature of the building the approved consultants were not required, the total of available target credits cannot be achieved making a meaningful comparison difficult.

Building Construction Partnership and Guild Care have committed to achieving the best building and care available for people suffering from dementia and have taken consideration from the latest studies from the University of Stirling, University of Bournemouth, The Dementia Development Services Centre and the NHS and exceeds the requirements of the latest regulations for care homes space requirements for bedrooms by over 66% and living space and facilities by nearly 300%. This along with the expert care offered by Guild Care promises this building to be one of the best facilities in the country. But all this needs to meet commercial realities and time scales in order to be built.

Building Construction Partnership are specialists in the design and build of care homes and the proposed home not only meets but exceeds requirements of the Building Regulations and has many added features including but not limited to: -

 Biodiversity of the landscaping  Re use of rainwater and storage  Brown water recycling  Increased insulation values  Bird boxes  Gas fired condensing hot water heaters and central heating boilers  Highly efficient ventilation systems  Dementia friendly finishes  Low energy lighting  Sympathetic external lighting  Dementia gardens  Boiler management system  Individual comfort control in all rooms

We note that our home is part of a larger scheme on this site. The housing scheme is being built to Code 3 for Sustainable Homes which is a basic building control requirement and the adjacent car show room has a BREEAM target of Good. Both

12 these schemes have had the benefit of months of planning yet have not been able to meet the BREEAM rating proposed on the previous nursing home scheme and we believe the commercial reality and quality of our home should come first.

When analysed, it is clear the original scheme for this site would not have reached its target goal and would have failed its planning condition. This is despite the months of consultation that resulted in the scheme losing sight of its primary purpose.

It is still the intention of the design team to work with our approved BREEAM consultant on this project as the process in itself raises awareness and will help to ensure the building meets the best sustainable outcome and we believe we may be able to achieve a target only several credits short of Good, but Good will not be achieved. For this type of building a BREEAM rating of any level is not the best indicator for the standard this building will achieve.

Statements previously submitted

The following supporting statements were submitted with and were relevant to the previous application. AWDM/0521/12 and should be taken into account again in regard to some of the issues surrounding the current application. i) Design and Access Statements ii) Statement of Community Involvement iii) Planning statement (inc. affordable housing and economic statement) iv) Viability Study and Enabling Development v) Transport assessment, Parking Provision and Travel Plans vi) Landscaping Plans and Reports vii) Trees Statement, Survey and Constraint Plans viii) Biodiversity Survey and Report ix) Land Contamination Assessment x) Flood Risk Assessment and Foul Drainage Statement xi) Archaeological Report xii) Site Waste Management

Consultations

The Environmental Health Officer comments:

A detailed acoustic assessment should be submitted to and approved in writing by the Local Planning Authority prior to commencement. This will entail the engagement of a competent acoustic consultant to carry out a full background noise survey and modelling of the impact from any identified noise sources e.g. existing plant to rear of David Lloyd Leisure, commercial units, road noise, and the proposed garage showroom/workshops/valeting and related activities such as deliveries. The premises should be protected from noise from external sources to the Guideline values in ‘WHO

13 Guidelines for Community Noise 1999’ this includes the 50dBLAeq 16hr for outdoor living areas (moderate annoyance guideline).

She adds that if external plant is proposed now or at a later date, then this would need to be addressed as a separate condition requiring an acoustic assessment by a competent acoustic consultant. The assessment should have regard to the principles of BS4142:1997 and should identify any mitigation measures to achieve a difference between the rating level and background noise level of at least -5dB. Thereafter the development shall be carried out in accordance with the approved scheme and within one month of implementation a test shall be carried out and the result submitted to the Local Planning Authority to demonstrate that the attenuation measures specified in the agreed scheme are effective and achieve the levels specified within the scheme. In the event that the specified noise levels have not been achieved, then a further scheme of attenuation works capable of achieving the levels as specified shall be installed within 3 months of the site operating and thereafter retained.

She also recommends the standard hours of working and dust suppression.

The Council’s Arboriculturist previously commented as follows:

I refer to your request for the above and I can inform you that the application seeks to fell significant numbers of trees along the north and south sides of the site, undertaking woodland clearance for the housing in the north and removal of the existing strong groups of trees along the south for a new access and business premises. The interior of the site where the new care home is located has no particular arboricultural interest, consisting of young scrub and grassland. The development appears to add to the 4-6% deficit of tree cover in Durrington identified in The Greening the Borough Strategy.

The views of the County Council as the Lead Local Flood Authority are as follows:

The consent (works impacting on a watercourse) and compensatory measures need to be approved by the EA direct and ensure our additional comments are met therein and any conditions cannot be signed off until EA approval is received.

The Environment Agency raises no objections subject to the imposition of two conditions in relation to surface water drainage and access to Ferring Rife. It also refers to the need for a compensatory flood plain creation.

Southern Water comments as follows: i) The 1350 mm diameter public surface sewer requires clearance of 6.5 metres either side to protect it from construction works and to allow for future maintenance and no tree planting should occur within 6.5 metres from the centre line. There should be no soakaways within 6.5 metres of a public sewer.

14 ii) Any sewer found during construction should be investigated, distribution, condition and access established. Southern Water can provide foul and surface water sewage disposal iii) The Council’s technical staff and the relevant authority for drainage consent should comment on the adequacy of the proposal to discharge surface water to the local watercourse.

The Head of Technical Services raises no objections and reiterates his previous comment as follows:

This site should be a SUDS haven with every effort made by the developer to have no surface water discharged to southern water drainage and ultimately the main river in the Rife. With a new build site like this that desire is fully achievable.

On page 43 of the planning Support Statement the last paragraph states that the development will seek to provide attenuation to surface water flows so they discharge to ground at a rate commensurate with existing grass land, which they then confirm means attenuation before discharge to surface water sewers rather than utilization of the water, a valuable resource, on the site.

It should be borne in mind that run off from a development like this will comprise of water and pollutants both chemical and in the form of suspended solids. Discharge to a sewer merely passes these problems downstream. There is an opportunity here to decrease water volume and with it reduce both chemical and suspended solid pollution.

The Flood risk assessment states that there has never been flooding from surface water on the site, therefore it could be concluded that the natural soakage can cope with the rainfall. The same document says that soakaway infiltration may be ineffective inferring that water will pond and cause flooding.

The proposals state that runoff will be stored in underground tanks and excess discharged to SWA sewer, why can’t the site be landscaped to include swales which would transmit the flows above ground improving biodiversity and grassed or planted areas that absorb water. There are ditches evident on the periphery of the site these are not for drainage, but act as deterrents to travelers, but could these not become swales?

The below ground pipe work will apparently be adopted by Southern Water, but by the time this project starts, as it’s a SUDS design, the adoption will be by the LLFA, WSCC who when last approached said they will not adopt permeable paving nor large diameter storage sewers. This needs to be confirmed

Caffyns Site

The development site slopes south east towards the Rife discharge from the car parking areas and roof should where possible be drained via soakaways, where this is not

15 feasible or desirable then surface water should pass though oil separators and attenuation before being discharged to the Rife.

An alternative to discharging surface water to the Rife would be to pass all excess surface water to a grey water collection tank by the Guild Care centre for use in lavatory flushing and for the watering of their landscaped gardens, or it could be stored under the Caffyns car park and used for their staff toilets and car washing etc

Housing development / care home sites

Each property is to be provided with rainwater butts but then excess roof water could be passed to soakaways within the gardens.

Alternatively this grey water could be used for toilet flushing saving energy and co2.

It is noted that the roads and accesses have periodic pockets of greenery with tree pits. Green infrastructure is currently being strongly pushed and this site would be a good model to utilize that form of drainage on, i.e. draining of all the roads to tree pits, verges and planting areas. The landscape statement promotes hard landscapes with railings, why can’t soft landscaping be promoted, remove kerbs to allow runoff to water plants, or retain kerbs but have drainage channels going to the green areas.

It seems strange to me that this new application shies away from utilizing the best of suds when London Boroughs such as Lambeth are introducing retrofit Suds schemes to reduce runoff and sewer flows.

UK Power Networks raises no objections

The County Archaeologist raises no objection and comments as follows:

On-site archaeological investigation and recording of all buried ancient archaeological features (which are of prehistoric and Roman date) within the current application site, in accordance with Condition 43 of AWDM/0521/12, were completed in June 2013. Off-site archaeological analysis and report preparation, in accordance with Condition 43, remain outstanding (scheduled completion date by June 2014). Provision for the completion of this work should be made, through the use of a planning condition similar to Condition 43 of the existing permission.

Exploratory archaeological investigation of this application site was carried out in 2012, along with other parts of the application area associated with full planning application AWDM/0521/12 (mixed use development including care home (C2)). Archaeological features of several periods were recorded within the trenches, particularly of the Later Bronze Age, Iron Age, and Roman periods.

Following advice from West Sussex County Council, the grant of planning permission AWDM/0521/12 included Condition 43, which required of the applicant or their

16 successors in title the implementation of a programme of archaeological work, in accordance with a written Archaeological Mitigation Strategy and timetable, which had been submitted to and approved in writing by the Local Planning Authority.

A “Project specification for an archaeological excavation (Area B) (2nd August 2012 (revised 13/9/12)))” was prepared by Thames Valley Archaeological Services, on behalf of the applicants (AWDM/0521/12), for the whole of the 2012 permission, including the current application site, and is satisfactory in terms of meeting one of the requirements of Condition 43 of that permission, for a written Archaeological Mitigation Strategy.

On the basis of that document, all necessary on-site archaeological investigation and recording within the proposed care home site was satisfactorily carried out and completed in the first half of 2013, finishing on 5th June 2013. No impediment on archaeological grounds exists to the start of construction work for the care home, in respect both of the existing 2012 permission and of any consent granted for the present planning application.

The off-site works of archaeological post-excavation processing and reporting, including a post-excavation assessment (scoping) document and interim report, leading in due course to publication of the findings of the fieldwork carried out, which are outlined in the Sections 5.0, 6.0, and 7.0 of the approved Written Scheme of Investigation, remain outstanding. The timetable for delivery of the pre-publication documents is within one year of completion of fieldwork on site, i.e. by 4th June 2014.

Pending completion of these off-site works, which are essential to complete the archaeological recording, and to provide information thereon to the local community, it is recommended that provision for their completion be made through the use of a planning condition similar to Condition 43 of AWDM/0521/12. The Written Scheme of Archaeological Investigation submitted in respect of Conditions 23, 43 and 57 (all ref. Archaeology) of AWDM/0521/12 remains robust and may be redeployed in respect of the current application.

Sussex Police comments as follows: i) The Design and Access Statement fails to mention any crime prevention measures to be incorporated into the design and layout ii) It is important to have controlled access to the facility. Reception should be manned during normal opening times with a buzzer/intercom for out of hours entry control iii) Any external doors and ground floor windows should contain glass with a minimum thickness of 6.8 mm iv) There should be a set of controlled doors between the private space such as residential wings and the semi public space

17 v) Entry to private outdoor space should also be demarcated and controlled vi) Perimeter fencing should be fit for purpose and so 1.8 metre close boarded fencing is recommended

The County Council as the Highway Authority raises no objections and states that it is satisfied if the access arrangements are as before and, on this basis, it confirms that the previous comments would still apply. The previous comments in relation to the overall mixed development were as follows:

If WBC is minded to grant planning permission for these two applications, WSCC as Highway Authority would want to see commitment from the College and developer to the following:

1. Littlehampton Road (new road entrance) - junction being properly constructed to include the amendments documented in 1 and 2 above and all recommendations set out in the Stage 1 Safety Audits (and reviews thereof) carried out (further detail to be tied-into S106 Agreement).

2. Provision of cycle route along Goring Street, starting at junction with Strand and then extending up to southern extreme of Goring Crossways roundabout (to be tied-into S106).

3. Provision of cycle wheeling ramp over existing footbridge (S106).

4. Provision of suitable financial sum to cover RTPI (and stops) on Littlehampton Road and Yeoman Road (4 No. in total).

5. Provision of a financial contribution towards finalising the Goring cycle link (circa 20k) (S106).

6. Retention of path between College and hospice (i.e. no change from what is there at present, albeit recognising that some slight alteration may come about as a consequence of the car park being built).

7. Travel Plans to be incorporated into developments (S106).

8. S106 (plans obligations etc.).

9. Caffyns car parking to be secured by condition (i.e. a further plan properly annotated clearly showing staff, visitor and display parking areas).

10. Provision of some minor detailed amendments to the Yeoman Way cycle connection (tactile paving etc.) (condition).

18 Other matters such as parking and drainage should be conditioned.

In relation to Yeoman Way the County Council states that the requirement is for a temporary TRO for use during construction. It also states that the Heads of Terms for the S.106 agreement should include the temporary TRO, the fire and rescue requirements (set out below) and a financial sum towards bus service infrastructure as included in the previous agreement.

The County Council confirms that the fire and rescue service is satisfied with the tracking plans for fire appliance access. It also adds that either a sprinkler system or dry main system should be installed to ensure that all parts of the building are capable of being within 45 metres of a fire appliance.

Furthermore, the fire and rescue service will adopt the existing hydrant in Yeoman Way at the junction of Yeoman Gate industrial estate until the new building is supported by a new hydrant which will be located within the new residential.

Representations:

1 letter has been received and that is from an occupier of a unit in the adjacent Yeoman Gate who makes the following points: i) The main objection is the access to Yeoman Way where cars park on both sides of the road across the visibility splays not only causing problems for delivery ingress and egress but resulting in minor accidents ii) In addition Equniti has now let out part of their premises and at peak times there are greater delays for traffic trying to access the main road iii) Within the Section 106 there is reference to a TRO relating to yellow lines in the area but letters to the County Council on the subject are not being answered

Relevant Planning Policies and Guidance

National Planning Policy Framework (2012) Worthing Core Strategy 2006-2026 (WBC 2011): Policy 4, 7, 12, 13, 14, 15, 16, 17 Worthing Local Plan (WBC 2003) (saved policies): RES7, RES9, TR9, H18, Supplementary Planning Document ‘Sustainable Economy’ (WBC 2012) ‘Infrastructure Delivery Plan’ (WBC 2010) Supplementary Planning Document ‘Planning Contributions’ (WBC 2007) Supplementary Planning Guidance ‘Parking Standards and Transport Contributions’ (WBC 2005) Supplementary Planning Document ‘Sustainable Economy’ (WBC 2012) Parking Demand Calculator’ (WSCC 2010) The Provision of Service Infrastructure Related to New Development in West Sussex – Part 1 (WSCC 1999)

19 Planning Assessment

The original application raised a number of policy and viability issues as listed below: a) Financial viability including development contributions b) Principle of development c) Need for replacement college floorspace d) Loss of employment floorspace e) Layout and design f) Amenities g) Transport, access, parking and highway safety h) Trees, landscaping and amenity space i) Ecology j) Archaeology k) Flooding and surface water drainage l) Ground contamination m) Sustainability of construction/development n) Waste management

Not all of these issues need to be fully revisited bearing in mind that the proposal is for a free standing building on a site where a similar permission with access approval has already been granted. The issues are addressed as follows:

Financial viability

The justification in granting approval for application AWDM/0521/12 was that the redevelopment and renovation of the College buildings could only be funded by selling part of the College’s surplus land on the Durrington site with planning permission for a mixed use comprising residential development, a care home and a commercial car showroom in order to generate sufficient funding to construct phase 2 of the Broadwater Road campus development.

In terms of viability and this application, nothing has changed. The value of the site and the cost to Guild Care remains the same. The only factor that is likely to change is the cost of construction of this revised scheme compared to the cost of construction of the approved scheme. The purpose of this application is to rationalise the design, layout, accommodation and reduce the implementation costs to bring them in line with the anticipated budget. In terms of form and design the approved scheme was more intricate and detailed than the relatively simpler architectural form of the current proposal.

Principle and need for the development

The requirement for a specific facility for dementia care has been as a result of considerable under-funding for many years in the nursing home sector. Many homes

20 are run from failing Victorian buildings, which do not meet current minimum standards and are very expensive to run.

As such, Guild Care, a registered charity based in Worthing who were established in 1933, has identified the need for a new bespoke care home focussing on the specific requirements of dementia sufferers.

The dementia-care home will provide 60 bedrooms, all with en-suite bathroom facilities, alongside specialist dementia and nursing care facilities designed specifically to support local people.

In addition, a bespoke day-care centre is proposed to the ground floor of the home, catering for outside elderly visitors. Guild Care operates a shuttle minibus service for up to 40 day-care visitors, enabling them to use the facilities in addition to the residents. This in-house dedicated community space enables Guild Care to expand their respite care services for people with dementia, with associated facilities including a restaurant, assisted bathing, a hairdressing salon and physiotherapy facilities.

The dementia-care home will have a large percentage of the bed spaces allocated to state funded residents; ensuring that Guild Care continues to provide affordable care in the local community.

The Guild Care home will generate in the region of 70 new full-time and part-time jobs. In addition, Guild Care currently works with Northbrook College to provide work experience and this will be expanded with the new home.

The principle of the proposal has previously been conceded in the approval of application AWDM/0521/12 and there have been no material planning changes to alter this view.

Layout and design

Due to the projected costs of the approved scheme Guild Care has been forced into redesigning the building which has resulted in a simpler architectural solution.

The proposed Guild Care building is still based on contemporary lines but does not follow the stronger contemporary lead of the previous approval which had a very distinctive and individual architectural style combined with the use of modern materials which set the tone for the associated Landmark Square and the residential squares of the surrounding residential development.

The layout consists of three main building elements as two wings and a central link to create a central feature entrance that provides access to all areas of the building. The scheme creates views from inside the building towards the landscaped open spaces to the north and west where there is a patio garden for the day-care centre enclosed by railings and planting. The openness of this area and the space on the western side of

21 the building (whilst still offering the necessary security and enclosure) added to the carefully chosen position of the building help the scheme to define and fit relatively seamlessly into the residential square.

The south facing elevation has been well designed with the two projecting rendered gables and linking dark brick projecting balcony element which faces the residents’ garden that incorporates sensory features and structured planting including vegetable beds and a greenhouse. This area is secured by fencing and planting but forms an important face and frontage to the Littlehampton Road, although it will be partly screened by highway verge trees. This elevation fits in with the general style of the building’s character but shows some self-expression with the raised projecting brick balcony. There is a need to condition the means of enclosure and boundary planting in order to provide the Littlehampton Road with a soft green landscaped edge. It would not be acceptable to simply have an exposed timber fence.

From the Landmark Square is the main vehicular and pedestrian entrance for visitors. There is a rear service entrance and car park from Yeoman Way for staff, deliveries and refuse collection. This arrangement helps to conceal the more functional servicing arrangements with a more attractive and segregated western approach to the building for visitors which will incorporate soft landscaping and block paviors.

The building would be three storeys in height with a traditional pitched roof. The main elevations are broken up with brick and projecting gables on a dark brick plinth. The windows would incorporate surrounds within the rendered elements. No actual materials are specified but the applicant advises that a facing brick and concrete interlocking tile would be used. Whilst as an individual non-residential building it is important that it retains some individuality, it is nevertheless important that the building integrates appropriately with the new apartment blocks into the Square.

There are certain architectural elements which draw these buildings together. The original design did not include gables but these have now been accommodated on the building in two forms. Firstly, the larger more contemporary gables have been allowed to remain on the southern ends of the building and within the east elevation which fronts the service yard, as proposed by the applicant. In contrast, changes to the north elevation have been negotiated to introduce two smaller gables and a third one on the forward part of the west elevation, closer to the form and proportions of the gables of the adjacent residential blocks. The two corner gables will be linked by a parapet which will strengthen this north west corner and give it a symmetry and affinity to the neighbouring buildings in the Square.

In terms of materials and finishes it is recommended that the final selection is made through a planning condition to ensure that the general roof and elevation colours and finishes are in sympathy and not in conflict with the character and attributes of the adjacent residential square. Similarly, there are window, door, gables, parapet and eaves details which will need to be agreed through a condition.

22 The Guild Care building would be the largest building on this development site. Previously the scale was disguised by its discrete location and because it was partially hidden from view aided by the subtly fragmented glazed and recessed elevations and recessed top floor. This contrasts markedly from the current building which, despite amendments including a reduction in size of the northern block with the introduction of hipped roofs, is still likely to have a greater physical presence and impact on the area than the former approved structure.

Amenities

For this development the main concerns regarding amenity are around the potential conflict of uses and interests within the site. Whilst a degree of separation and segregation is achieved there are potential conflicts. The residential estate is recognised as being the most sensitive but most homes will be screened and protected by the residential units along the southern boundary adjacent to the noisier activities such as Caffyns and to a degree, the 24 hour activities at Guild Care.

The Environmental Health Officer expressed concerns particularly in relation to Caffyns and noise from deliveries, the workshop, valeting, plant and associated lighting which could affect all residents including those at Guild Care. However, she is also concerned at the potential for noise from plant and other equipment required by the operational requirements of Guild Care itself. That information has not been submitted as part of this application and therefore it is necessary to impose an appropriate condition whereby any such installations are first approved by the Local planning Authority.

With regard to the impact of Caffyns on Guild Care, Caffyns has been asked to address these concerns with appropriate mitigation measures such as an acoustic report, keeping workshop doors closed, noise from plant and equipment assessed, the use of acoustic fencing and a detailed lighting report for which conditions exist, including a lighting condition to safeguard residents from security light pollution.

Transport, access, parking and highway safety

The vehicular access to the site is shared in that Yeoman Way is intended to act as the service entry for collections, deliveries and staff. Swept path diagrams have successfully demonstrated the ability of larger vehicles such as refuse carts and emergency vehicles to turn within this service area. The highway authority is satisfied with these access arrangements but requires a temporary Traffic regulation Order to deal with on street parking issues during the construction period when Yeoman Way will be the sole construction access. The County Council does require the provision of the Yeoman Way access to be fully completed before the building is occupied and a condition is recommended accordingly.

The west side of the building is separately and exclusively accessed through the residential development. This entrance is intended to be used solely by visitors. Only 11 spaces including two disabled spaces would be provided around the main entrance,

23 which is proportionate in terms of the reduction in the number of bedrooms, and cycle storage would be provided to the north of the building.

Trees

The Council’s Arboriculturist previously concluded that the loss of trees on the Guild care site was not so important because there was little arboricultural interest within the site which comprises of young scrub and grassland. This current scheme gives no cause to reconsider that view.

Ecology

A Biodiversity Survey and Report was submitted with the previous application. The extended Phase 1 survey found no notable habitats on site. However, the site does support habitats suitable for reptile and possibly common amphibian species. A survey for reptiles was therefore recommended and required an appropriate mitigation strategy to be carried out.

A survey of the two off site ponds was also recommended as they are within 500 metres of the site with the potential to hold great crested newts. There are also scrub lines that could act as hibernacular during the winter and provide good foraging opportunities but the site is not well connected via hedgerows to any off site woodland or other significant habitats.

No badger setts or evidence of badger activity were identified.

However, the report recommended that a number of ecological enhancements were made as follows:

1) Use of native species in landscaping schemes 2) Use of wildflower mixes in borders in place of non-native ornamentals to enhance the site for a range of important vertebrates 3) Installation of a range of bird boxes hung on mature trees to increase the breeding opportunities 4) Installation of bat boxes to increase the number of roosting opportunities 5) SUDS drainage incorporated to benefit local wildlife. Wetlands and ponds, swales or ditches planted to enhance on site invertebrate species. Log piles incorporated into the design to encourage invertebrates but also hedgehogs, amphibian and reptile species. The site ditch enhanced and possibly connected to the pond on site.

Whilst it is not clear how this specific site relates to the overall ecological considerations of the whole site, it is recommended that in these circumstances the previous ecological condition is once again imposed.

24 Archaeology

This is an archaeologically sensitive site demonstrated to contain buried archaeological features of prehistoric and Roman settlement of local and regional significance which are shallowly buried and would be adversely affected by new development.

The applicant has submitted an archaeological report which explains that the application site has been fully investigated by archaeological fieldwork. The County Archaeologist acknowledges that all on site work has been carried out and therefore there is no reason why construction cannot commence.

The off-site analysis and recording works will take some months to complete before the archaeological condition can be fully discharged. In the circumstances an archaeological condition should still be imposed to ensure that the archaeological analysis and report are fully completed.

Flooding and surface water drainage

The original report for the whole development site identified the application site as being adjacent to the Ferring Rife (a main river) and according to the SFRA falls partly within zones 2, 3a and 3b. More accurate Environment Agency flood data confirms that a small part of the site falls within Zone 3. The site has been laid out to ensure that the proposed buildings are compatible with the zone in which they are located. For example, the residential dwellings are located in zone 1 with only the gardens associated with the care home in the zone 2 and 3 areas. A Sequential approach has been implemented and Exception testing is therefore not required.

The SFRA confirms that the Ferring Rife is classified as a flood defence being Maintained Channel and Culverted Channel. The upstream and downstream ends of the culvert are protected by grilles which do not allow access. A public surface water sewer (1.35m diameter) which runs along the western boundary of the site discharges into to the open section of the Ferring Rife. A sequential approach to the planning of the site has been implemented to ensure that the proposed residential buildings are located in zone 1. In addition, a flood level of 7.9m AOD has been agreed with the Environment Agency and the ground floors of residential buildings will be set a minimum of 300mm above this level and this will need to be conditioned.

The land adjacent to the development is generally developed for commercial and educational uses and it is possible that should the drainage systems for the adjacent areas fail, the site could suffer flooding from overland flow. The SFRA confirms that there have been no recorded instances of flooding from land.

A geotechnical investigation was undertaken during December 2011 and this recorded ground water at depths of 4.9m and 9.6m below ground level. Due to the geology of brick earth over chalk, it is possible that the site could suffer groundwater emergence. However the SFRA confirms that there have been no recorded instances on the site.

25 Proposed building levels will generally be elevated above existing ground level therefore the risk of ground water flooding to the building will be low.

The SFRA confirms that there have been no recorded instances of flooding from sewers on the site but there have been incidents recorded to the south and east of the site. The locations of these events are lower lying than the site and the sewers do not cross or serve the site therefore the risk of flooding from sewers is low.

There will be an increase in run-off from hard surfaces on the site following development and the proposed drainage system should include measures to restrict the rate of run-off to no more than predevelopment rates. Storage should be provided below ground for a 1 in 30 year storm and “above ground” for a 1 in 100 year storm (including an allowance for climate change). The residual risk of flooding is assessed to be unchanged following the development.

The Environment agency raises no objection and recommends conditions requiring the approval of a surface water drainage system, including the formation of a compensatory flood plain, and a scheme to provide access to the Ferring Rife culvert.

Southern Water confirms that it can provide foul and surface water sewage disposal to service the development and recommends a condition to cover the details and an informative advising the applicant to make a formal application for connection to the public system. It also suggests that the Council should comment on the adequacy of the local water course to accept surface water discharge. Finally it recommends a condition requiring foul and surface water disposal to be approved before commencement of the application.

Ground contamination

Whilst there appears to be no significant contamination, the Environmental Health Officer nevertheless recommends a condition requiring further investigative works to be undertaken in order to provide a full assessment of the ground conditions.

These works may include soil sampling and contamination testing, Installation and monitoring of standpipes to establish land gas concentrations and to asses potential migration of contaminants within groundwater, development of conceptual models, further geotechnical sampling and testing and additional deep cable percussion boreholes.

Sustainability of construction and development

A number of sustainable attributes and measures are evident from the site’s location and accessibility as well as the design and energy efficient elements incorporated into each of the three independent but integrated development areas of the scheme.

26 The site is conveniently located within walking distance of the local shops and amenities in the Durrington centre. There are also regular bus services to surrounding centres in Worthing, Brighton and other smaller conurbations. Train services are accessible from Goring railway station. The site is considered to be in an accessible location for public transport.

In his statement the applicant has stated that to hit the target for this project he has lost much of the pre assessment criteria for which many of the BREEAM points are achieved although he affirms this does not affect the efficiency of the final product.

He comments that he has looked at the previous scheme and found that trying to achieve the ‘very good’ rating had already taken the scheme far beyond what Guild Care could afford and it was still debatable if the rating would have been achieved. The report showed it was still several points below the requirement on the assumption that everything was met.

Despite this, Guild Care is still working towards producing a quality low energy building and is producing BRE SBEM calculations to see where it can make improvements within cost to achieve a BRE SBEM rating of B or better. The final standard is expected to be nearly ‘good’, which is the standard the adjacent Caffyns car showroom has been required to meet. So a ‘good’ standard would be more equitable in terms of the whole mixed development than the ‘very good’ standard offered by the applicant in relation to the former approved scheme.

Secure cycle storage will be provided for staff and visitors in a quantity appropriate for the size of the home. It should be noted that it is expected that based on current operations approximately 40% of Guild Care staff will walk to work, with a further 20% cycling. Very few existing staff currently drive to work and it is anticipated that this will be continued in this location. . The orientation of the different elements of the building and the aspect of the majority of the residential rooms and communal accommodation has maximised the potential for sunlight (solar gain) and daylight within the living accommodation whilst maintaining appropriate building circulation. Natural ventilation is maintained throughout the scheme, with large elements of glazing and openable doors or windows to all habitable rooms, including highly glazed living and dining rooms.

The previous application stated that water butts would be provided within the communal garden areas where possible to enable the re-use of rainwater for gardening purposes and to assist with surcharge storage during storm conditions. A communal garden composter was also proposed near to the refuse areas to encourage the composting of food and garden waste. Bird nesting boxes were to be provided in strategic locations to encourage biodiversity within the development. Refuse and recycling bins were to be provided within the parking courtyard with easy access from Yeoman Way. In his statement the applicant has referred to a number of such benefits to be included in the

27 scheme and it is recommended that these matters are covered by the planning conditions.

The proposed nursing home should be constructed using sustainable sources, including sourcing local materials and labour wherever feasible. All appliances within the home should be energy efficient and the home should be constructed with high insulation standards in accordance with current Building Regulations requirements to ensure high energy efficiency. Once again this will be covered by a planning condition. The applicant has already stated that the building will exceed the requirements of the latest regulations on internal space by 66% for bedrooms and300% for living areas.

Waste management

A waste management report has not been submitted with the application to set out an acceptable approach to using materials efficiently and economically to minimise waste. The contractor is required to maintain a site waste management plan updating and estimating the amount of waste production and keep the records for two years after completion.

It is recommended therefore that a waste management plan is incorporated within the Construction Method Statement which shall include details of parking, loading and unloading, storage of materials, waste recycling, removal and disposal, erection of hoardings, position of site offices and ancillary buildings, dust controls and lighting for construction and security.

Development contributions

West Sussex County Council that development contributions are required and should be incorporated into a S.106 Agreement and as such the Heads of Terms should be in respect of a temporary TRO for Yeoman Way, the fire and rescue requirements of a sprinkler or dry main system and a financial sum towards bus service infrastructure, all as included in the previous agreement.

Conclusion

The proposal assumes a different architectural approach in response to the lack of affordability of the previously approved scheme.

Despite the reduction in building costs the current scheme, in some respects, could be said to have greater regard to its surroundings with the primary north western corner following the architectural features and rules of scale, proportion and render of the Bloors residential apartment blocks within the Square. It should also be noted that the current scheme brings this important community building within the Guild Care budget whilst creating an individual building as a recognisable destination with a strong sense of place.

28 Recommendation

APPROVE for the reason:-

It is recommended that planning permission is granted subject to the completion of a S106 Agreement (with delegated authority being given to the Assistant Director of Planning, Regeneration and Wellbeing to make any subsequent and necessary minor changes or adjustments) and the imposition of the following conditions:

1. 5 years to implementation 2. Drawing numbers 3. Boundary treatments 4. Hard and soft landscaping 5. Ecological enhancements 6. Compensatory flood plain 7. Surface water drainage 8. Foul drainage 9. Finished floor level 10. Construction method statement 11. BREEAM standard of nearly good 12. Materials including render colour 13. Architectural details 14. External lighting 15. Provision of access to Yeoman Way 16. Travel plan 17. Parking and turning areas 18. Cycle store 19. Refuse store 20. External plant, equipment and machinery 21. Archaeology

4th September 2013

29 2

Application Number: AWDM/0637/13 Recommendation – Approve

Site: Playing Field, Glynn Owen Youth and Community Centre, South Farm Road, Worthing

Proposal: Erection of 4 no. 12 metre high (Christy Lighting Based Hinged R&L) lighting columns on north and south sides of synthetic turfed pitch

Applicant: Ricky Beasley Ward: Gaisford Case Officer: Rebekah Smith

Not to Scale

Reproduced from OS Mapping with the permission of HMSO © Crown Copyright Licence number LA100024321

Proposal, Site and Surroundings

The application site comprises a synthetic turf sports pitch which is operated by Worthing High School but forms part of the Glynn Owen Centre. The site is bounded by 5 metre high fencing and netting supported by tension cables and backs to prevent ball

30 displacement and provides one full size pitch and two half size pitches. The hours of operation for the pitches are limited to use between the hours of 8am and 9pm Monday to Friday, 8am and 7pm on Saturdays and not at all on Sundays and Public Holidays, controlled by a planning condition (AWDM/0766/12 refers)

The site is surrounded on three sides by approximately 40 dwellings fronting South Farm Road, Normandy Road and Gainsborough Lodge.

Permission is sought for the erection of four 12 metre high lighting columns, two of which would be located on the southern side of the pitch and two on the northern side of the pitch. Each lighting column would be fitted with one light unit.

The applicant has provided a lighting report indicating the specifications of the lights and analysing the lighting contours and has provided a supporting letter in order to justify the proposal. Key points include:

 Benefit to wider community  High demand for facility as no similar in the local area  Lighting would maximise potential of the pitches  Consultation carried out with local residents discussed parking, noise, balls going into gardens and new signage/website information. Resolved parking provided at Worthing High School, fencing introduced to prevent balls going into gardens. Outcomes reported by applicant to local councillors  Importance of maximising income from the pitches to cover maintenance costs

Relevant Planning History

333/55: Use of land as playing fields. Worthing High School for Girls playing fields, Worthing youth headquarters access to school and youth headquarters. Decision by Minister. Approved 19.04.56

190/78: Installation of 3 floodlights on 2 inch galvanised posed 15ft 8in in height with 1000 watt lamps on southern perimeter of playing field. Approved 18.04.78

03/01069/CCR3: Application under Regulation 3 for an extension to existing building to provide changing accommodation and construction of a synthetic grass soccer pitch. Decision by West Sussex County Council. Approved 13.04.04

09/0478/FULL: Increase existing fence height on the north boundary of the Glynn Owen Centre Synthetic Turf Pitch from 3 metres to 5 metres using high tenacity black polypropylene netting. Approved 19.10.09

10/0125/FULL: Application for variation of conditions 3 and 4 of planning permission WB/03/01069/CCR3 to allow the use of the artificial sports pitch between the hours of 8am and 9pm Monday to Saturday and 9am to 7pm on Sundays and Bank Holidays and to allow the use of small mobile lighting rigs in addition to the existing lights currently in

31 place on the southern boundary on the artificial pitch within the times of use of the artificial sports pitch. Refused 04.05.10

11/0237/FULL: Application for variation of condition 3 of planning permission WB/03/1069/CCR3 to allow the use of the artificial sports pitch to be used between the hours of 8am and 9pm Monday to Friday, 8am to 7pm on Saturdays, and not at all on Sundays or Public Holidays. Approved 05.07.11

AWDM/0766/12: Application to remove condition 4 of planning permission WB/11/237/FULL to allow the use of the artificial sports pitch between the hours of 8am and 9pm Monday to Friday, 8am and 7pm on Saturdays and not at all on Sundays and Public Holidays on a permanent basis. Approved 15.08.12

Consultations

Adur & Worthing Councils: The Environmental Health officer has made the following comments:

The site is surrounded on two sides by domestic properties. There is the potential therefore for light spillage to affect residential amenity unless properly controlled. I have attended a site meeting with the applicants and viewed the site and the proposed locations for the lighting columns.

Current best practice is to follow guidance produced by the Institution of Lighting Engineers. They define Environmental Zones and prescribe limits to avoid unnecessary light pollution from new lighting installations. Technically the area can be classified as an Area of Medium District Brightness Zone E3. However, due to the sensitive nature of this site, it was agreed that light into windows should comply the limits for the Institution of Lighting Engineers Environmental Zone ‘E2’. This requires light into windows to be no more than 5 Lux. Note that this is a vertical illuminance level not horizontal (the pitch will require horizontal illuminance levels)

I note from the isolux contours produced within the lighting report from Christy Lighting Ltd, that light into windows is predicted to comply with this limit. Whilst I am not aware of any guidance for external amenity areas I note that the predicted levels for rear gardens to the east and west are up to 10 Lux. I would like to see these levels reduced to around 5 Lux if possible. This could be achieved by either increasing the height of the columns (to reduce light spillage the taller the columns the more directional the light), or the use of louvres.

A condition is recommended by the Environmental Health Officer to require light from the lighting columns not to exceed a vertical illuminance of 5 Lux at the boundary of the site.

32 Representations

The applicant has provided four letters of support from two s ix-a-side football organisations, from Worthing Islamic Social and Welfare Society, and Worthing Minors FC who are users of the facility commenting on the demand for the facility all year round, the increased income that could be generated, increased opportunities for young people to take part in sport activities, and how lighting would assist.

Twenty two identical letters of representation have been received from residents and the Estate Manager of Gainsborough Lodge objecting to the application, on the following grounds:

 The lights are inappropriate at 12 metres high  Extended operational hours would lead to increase noise and disturbance  Obtrusive lighting will affect quality of life and be visible from a great distance

One separate email of objection from the Estate Manager of Gainsborough Lodge adds the following concerns:

 Balls coming over fences  Foul language  Illegal use of the pitch

Six other letters of representation have been received from local residents in Normandy Road, Northcourt Road, and South Farm Road objecting to the application on the following grounds:

 Light Disturbance – effect of general amenity/quality of life/sleep/privacy/loss of general amenity  Increased noise – increased duration and frequency of use  Increased disturbance – more balls coming into gardens (safety implications)  Parking/access problems  Overdevelopment  Unnecessary as there is existing lighting

Relevant Planning Policies and Guidance Saved Local Plan policies (WBC 2003): RES7, H18 Worthing Core Strategy (WBC 2011): 11, 16 National Planning Policy Framework (CLG 2012)

Planning Assessment

The principal issues raised by the proposal relate to the potential benefits of the greater community use of this established recreational asset facilitated by the installation of lighting to allow the maximum operational hours in the winter months compared to any

33 consequential harm caused to visual amenity, to nearby residents by light spill, and additional noise and disturbance in the context of the previous planning permissions.

Policy 11 of the Core Strategy supports the use and states ‘Indoor and outdoor recreation facilities, sporting facilities, open spaces, cultural and community facilities contribute to the well being of residents, workers and visitors. The current supply of such sites and facilities in the borough justifies a strategy that seeks to retain and enhance all existing provision.’

There is an acknowledged limited supply of synthetic sports pitches in the town and the proposal would help meet a recognised need for better recreational provision generally though the use of lighting to allow the use to operate within the previously approved evening hours of an otherwise under-utilised facility. In so doing it would help advance wider corporate objectives of promoting healthy life styles and making more efficient use of existing resources as well as contributing to the ‘Big Society’ by supporting this community initiative. The proposal is underpinned by the findings of the Worthing Borough Council Open Space, Sport and Recreation Study.

The applicant has indicated that it is important to maximise the use of the pitches to maximise income in order to secure the funds necessary to replace the synthetic surface of the pitches when required and besides the benefits of the long term sustainability of the use, organised use in the evenings would help mitigate against historic and recurrent problems suffered by the premises of multiple break-ins and trespass. These have occurred in spite of substantial security measures such as palisade fencing, CCTV and being on the local police’s standard patrol route.

These benefits need to be weighed against the potential harm to neighbours amenity. Since 2011 the artificial sports pitch has been operating between the hours of 8am and 9pm Monday to Friday, 8am and 7pm on Saturdays and not at all on Sundays and Public Holidays. These hours were approved on a permanent basis in August 2012 in planning permission AWDM/0766/12.

Although the previous permission has allowed evening use of the pitches, in practice these hours have only been achievable during the summer months when good natural light is available as the existing floodlights are located on the southern boundary of the pitch and their reach is limited and effectively only allows prolonged use of the pitch during dusk. Although it is acknowledged that these practicalities have had a limiting effect on the use of the pitch and therefore lessened the impact for residents, the impact of evening use has been previously considered and accepted under the previous permission to extend the hours to 9pm on weekdays and 7pm on Saturdays.

At the time of that previous application issues of noise and disturbance from shouting and swearing, balls being hit and going astray etc. and allied traffic concerns were considered, but the long established use of the playing fields, the relationship with neighbouring residential properties, existing screening, the relatively recent sensitivity to operating hours and historic control over operating hours (which was only introduced in

34 1978 originally to control floodlighting after 9.30pm and not the pitch itself) were also taken into consideration and the hours of use including into the evening was accepted as a reasonable compromise between the need for extended use of the pitches and residential amenity.

Turning to the issue of the impact of the light itself, it is recognised that the lighting would be visible to surrounding residents, however the Environmental Health Officer has examined the lighting report and is satisfied that through the use of louvres to control light distribution, lighting levels can be kept to 5 lux at the boundary of the site which would be an improvement on the recommended 5 lux at windows. Subject to a condition controlling lighting levels at the boundary and in the absence of any objection from the Councils Environmental Health Officer the impact from light spill is considered acceptable.

In terms of visual amenity, the lighting columns, at 12 metres high would be widely seen, but are not dissimilar in appearance to standard street furniture, with a single light mounted at the top of each. Having regard to their limited number, it is considered that the siting and appearance of the lighting columns would not cause any significant harm to the visual amenities of the site or surrounding area.

Recommendation

APPROVE for the reason:-

Whilst the development is considered to result in some detriment to the amenity of the occupants of neighbouring properties, it is considered that, on balance, in light of the substantial community benefit delivered by the proposal that the development is acceptable. It would consequently not conflict with the ‘saved’ policies of the Worthing Local Plan (H18 and RES7) or the policies of the Worthing Core Strategy (Policies 11 and 16) or the policies of the National Planning Policy Framework.

Subject to Conditions:-

1. Standard 3 year time limit 2. Lighting columns to be in the position shown and to the specifications of the approved lighting report unless otherwise agreed 3. Lighting not to exceed a vertical illuminance of 5 Lux at the boundary of the site 4. Hours of operation of lighting as per use of playing fields 5. This permission relates to the following approved plans:- Unnumbered site location and block plan deposited 12 June 2013 Unnumbered lighting column photograph deposited 12 June 2013 Lighting Report by ‘Christy Lighting Ltd’ dated 19 March 2013

4th September 2012

35 3

Application Number: AWDM/0814/13 Recommendation – Approve

Site: 5 West Avenue, Worthing

Proposal: Application for variation of condition 2 of AWDM/0638/12 to reposition building by 350mm to the north and revised boundary dimensions.

Applicant: Mr David Jones Ward: Marine Case Officer: Marie O’Keeffe

Not to Scale

Reproduced from OS Mapping with the permission of HMSO © Crown Copyright Licence number LA100024321

Site and Surroundings

This application relates to a development site on the west side of West Avenue. Formerly occupied by a single 1920’s house, planning permission was granted last year for the site to be sub divided and an additional 4 bedroom dwelling erected on the southern half of the frontage (AWDM/0638/12 refers), with a pitched roof detached

36 garage. This permission also allowed for the creation of a new vehicular access and single parking space in the front garden of the existing house. The development is nearing completion.

The site is not in a conservation area and does not include any listed buildings. At the time of the 2012 permission only one tree covered by a 1980’s Tree Preservation Order remained, others having been removed previously with permission (TPO/12/85 refers). The remaining TPO’d tree was found to be dead and its removal was agreed as part of the 2012 approval. Replacement tree planting has been agreed together with other soft landscaping within the site.

The Proposal

The new dwelling has not been built in accordance with the approved plans. It has been positioned between 350mm and 377mm further off the southern boundary with No. 1 West Avenue and closer to the existing house at No. 5. As a consequence the dividing boundary between No. 5 and the new house has had to move accordingly to ensure that a minimum of one metre is retained to the boundary to meet building regulation requirements. The resulting gap between the properties is reduced to 2.15 metres, which is 385mm less that originally approved. This 385mm has been ‘lost’ to the passageway for the existing house (No. 5) which has reduced from an approved 1.5 metres to 1.15 metres.

It is not clear exactly how far the dwelling has been relocated off the southern boundary. The applicant maintains it is 350mm and Building Control considers that it is 377mm. The discrepancy is partly due to the boundary not being parallel with the new dwelling and may also be due to the approved plans not accurately reflecting the size of the site. However, a constant is the position of the existing property and therefore the planning assessment has concentrated on the differences between the approved plans and what has been built in terms of the gap between the two properties.

Planning History

0187/13 - Application for non-material amendment to Planning application AWDM/0638/12 dated 18/07/2012 for a new two storey house to allow the removal of the 990mm high brick plinth around the base of the approved house and to increase the depth of the chimney to 450mm. Granted 20.3.13.

AWDM/0638/12 - Erection of 1 no. new 4 bed dwelling with new parking arrangements for existing dwelling. Granted 18.7.12

08/0017/OUT – Demolition of existing house at No. 5 and erection of 8 No. one and two bedroom flats, alterations to existing access and parking. Granted 4.3.08

37 Consultations

None undertaken.

Representations

It is understood that objections to the development will be submitted by the neighbour to the south (No. 1 West Avenue).

Relevant Planning Policies and Guidance

Worthing Core Strategy 2006-2026 (WBC 2011): Policy 16 Worthing Local Plan (WBC 2003) (saved policies): RES7, H16 and H18, National Planning Policy Framework (DCLG 2012)

Planning Assessment

This application seeks approval for a change to the approved site layout of the new house under construction in the grounds of 5 West Avenue. The only planning consideration is whether the increased gap to the southern boundary and the consequent narrowed gap between the two houses is acceptable in terms of impacts for neighbours, the streetscene and on the existing property (No. 5) in terms of its setting, light and outlook.

Neighbour amenity

The new house has moved further from the southern boundary and consequently further from No. 1 West Avenue and slightly further away from the frontage of 3 West Avenue, which is set back behind the new dwelling to the west. This change has improved the impact of the development on both these properties.

Impact on No.5, the parent building

Until planning permission was granted No. 5 enjoyed a dual aspect exploiting its southerly orientation. It was acknowledged at the time of granting the infill plot that it would have an impact on the existing dwelling (No.5). In particular it would affect the southerly aspect and light to the southern flank windows in No. 5 would be significantly reduced by the new development. These windows light a living room, a landing and a bedroom, though the bedroom window is a secondary window. Of primary concern was the middle ground floor living room window. As originally built this room enjoyed a south and west aspect but with the introduction of a conservatory on the rear, west elevation the southern aspect was essentially its main source of light and outlook. It was considered at the time of the original approval that adequate light would still be received to No. 5’s middle living room as it would borrow light and outlook through the rear glazed conservatory and would continue to receive some southerly light over the catslide roof in the new development.

38

The westerly borrowed light and outlook through the conservatory is unaffected by the proposal. Less light will be received over the catslide roof but with a gap of 2.15 metres between the two properties maintained some southern light will still be achieved. This is considered acceptable. In this respect, the developer owns the existing property No. 5 and both dwellings would be sold when the new dwelling is completed. Any purchaser would therefore be aware of the relationship and impact of the new dwelling on the streetscene.

Impact on the streetscene

Whilst, the gap has narrowed between the two properties, and this is regrettable, it is not considered that this, in itself, results in an unacceptably close relationship which would give the development a cramped appearance. The design of the new dwelling with its hipped roof, lower eaves and forward projection being set away from No. 5 gives the impression of greater space between the dwellings. The closing of the gap between the properties by 385mm is not therefore considered to materially affect the development to justify refusal and subsequent enforcement action.

Recommendation

Approve subject to the following conditions:

1. Approved Plans 2. Details of materials as previously agreed 3. Hard and soft landscaping as previously agreed 4. Details of boundary treatments 5. The new dwelling shall not be extended or any building over 5 cubic metres erected in the garden 6. No new windows 7. Rooflights on north side 1.7 metres off finished floor level 8. Dormer window will have fixed and obscure glazing above the mid rail 9. Surface water drainage. 10. Hours of working 11. New vehicle access and parking for existing house to be built as agreed 12. Code for Sustainable Homes Level 3 certification required

4th September 2013

39 4

Application Number: A) AWDM/0835/13 Recommendation – A) Approve B) AWDM/0836/13 Recommendation – B) Approve

Site: Land North of West Mansions, Heene Terrace, Worthing

Proposal: Reconfiguration of existing car park to provide 6 residential parking spaces and 4 office parking spaces along with provision of hard and soft landscaping and replacement of the vehicular entrance piers and gates

Applicant: Mr Adrian Marmont Ward: Heene Case Officer: Marie O’Keeffe

Not to Scale

Reproduced from OS Mapping with the permission of HMSO © Crown Copyright Licence number LA100024321

Site and Surroundings

This application relates to the access and parking area in the grounds of 2 Heene Terrace (formerly Brooks Studios) which sits between the rear of Heene Terrace and inside the boundary wall with the MGM office block fronting Heene Road. Heene

40 Terrace is Grade II listed. The site is within The Marine Parade and Hinterland Conservation Area.

Vehicle and pedestrian access to the site is from Heene Road. At the head of the access road is 2 Heene Road, an office building. The access road is separated from the rear of the flats by a lawned area of varying depths. There is some soft landscaping in front of the listed wall which separates the site from MGM offices.

The existing access road and parking area is used exclusively by the occupiers of the office space. It is not formally arranged. The lawned area is not usable by Heene Terrace residents other than for emergency exit purposes or for maintenance access/deliveries to the rear of the Terrace.

The Proposal

Planning permission and Listed Building Consent is sought to reconfigure the parking area and to create six parking spaces for the new flats created as part of the conversion of the former Mayfair Hotel (at Nos. 11 and 12). A pedestrian access link is to be created to the rear garden area of the Mayfair development from the site by the insertion of a gate in the boundary fence to the rear of the office building.

Four parking spaces are to be retained for the office building. These spaces are moved away from the back of Heene Terrace to the northern boundary and an electric bollard is proposed to prevent access or use by persons other than office related.

The six residential spaces are to be created along the northern boundary also. They are arranged in two blocks of three in an angled arrangement with a turning space between. These spaces run from the Heene Road gate to the rear of No. 15.

It is proposed to divide the parking from the rear of Heene Terrace by erecting a 1.7 metre high ‘living’ acoustic fence with a 500mm canopy on the car park side. This will follow a curved line along the lawn with some lawn depth removed and some new lawn and planting created to the rear of Nos. 13 and 14. The existing shrubbery along the listed northern boundary wall is to be removed (other than trees 9 and 10) to facilitate the development with five new trees interspersed in the new parking along this boundary. The retained lawned area is to be re-landscaped with the introduction of two trees and significant shrub planting, some in raised beds, and a stone path. A single gate is shown in the acoustic fence, to the rear of 14, to allow for an escape route. Revised lighting proposals show downlighters on the underside of the fence canopy and sub station with bollard lighting removed from the landscaped garden and car park. These lights will be timed to switch off but will also be linked to sensors for security purposes. Two wall lights are shown on the office building along with a CCTV camera.

The access road and parking are to be resurfaced in granite sets and SUDS block paving.

41 Also proposed are new electric Heritage cast iron gates onto Heene Road in a slightly widened arrangement which includes the rebuilding of two more traditional stucco and rendered gate piers set back into the site to improve visibility.

Planning History

10/0520 – Change of use to offices. Granted 11.8.10

10/0330 – Continued use of art and design studio on a permanent basis and variation of condition 2 to permission 05/1359 to allow auxiliary sales and exhibitions. Refused 1.6.10

09/0381 – Erection of single storey rear extension to form new kitchen area. Installation of window to rear of proposed extension to match existing. Granted 22.6.09.

07/1478 – Application for renewal of planning permission o5/1359 for the continued use of Art and Design studio with occasional exhibitions including the Worthing Arts Festival. Granted on a temporary basis to expire 31.12.13

06/0150 – Amendment to condition 2 of Planning permission 05/1359 to allow 3 exhibitions: 1) to take place in Worthing Art Summer Festival; 2) to take part in the Worthing Arts Winter Festival; and 3) to encourage local students with their own show. Refused 28.3.06

05/1359 – Continued use of art and design studio (without exhibition and sales) and amendment to condition 1 of planning permission 03/0004 to allow use to continue until 31.12.07. Granted 24.1.06

03/00903 – Extension and alterations to approved art and design studio. Granted 2.9.03

03/00398 – Extension and alterations to approved art and design studio. Refused 4.6.03

03/0004 – Change of use from private garage and store to art and design studio (without exhibition and sales). Granted 25.2.03

02/00785 – Change of use from private garage to Art Studio. Refused 24.9.02

00/00410 – Erection of a four bedroom detached house. Refused 13.6.00

99/00851 – Extension of hardstanding to form 15 car parking spaces (including re-siting of gates and lowering of wall and piers on Heene Road frontage). Refused 16.11.99

99/00611/CLE – Application for Certificate of Lawful Development for the existing use of land for 9 car parking spaces. NOT issued. 23.8.99

42 99/00014/CLE – Application for Certificate of Lawful Development for existing use of land for nine car parking spaces. NOT issued 8.2.99

97/0370 – Provision of 21 car parking spaces. Refused 10.6.97

783/81/LB - Listed Building Consent for the erection of 4 garages at rear (rear of Nos. 13-18). Refused 20.10.81

782/81/LB – Erection of a block of 4 garages at rear (rear of 13-18). Refused 20.10.81

Consultations

West Sussex County Council: Highway Authority comments as follows:

WSCC has been consulted on planning application AWDM/0835/13 for the reconfiguration of the existing car park on land north of West Mansions, Heene Road, Worthing, West Sussex. WSCC raise no objection to this application, subject to any conditions attached.

The existing car park can hold up to approx 12 cars and includes a mixture of office and residential spaces however; no formal spaces have been created. The car park is accessed by a 2.75m wide entrance with piers and gates and forms part of a grade 2 listed building. There is also an office located to the rear of the car park. On-street car parking is available outside of the development with 1 hour waiting restrictions Monday to Saturday or resident permit holders.

The proposals seek to formalise this parking area and provide 6 residential spaces and 4 office spaces all 2.4m x 4.8m. In addition the existing access will be widened to 3.75m to provide a better access point that can accommodate a fire tender if necessary. An informal turning area will also be provided within the middle of the car park to allow cars to enter and exit the development in forward gear. Although a fire tender would not be able to turn, as there is not enough space, it will not have to reverse more than 20m onto the highway, and this meets current standards. Refuse collections will continue to operate from the highway as normal and WSCC have no issue with this.

The existing access gates will also be set back from the highway and will provide a better pedestrian visibility splay, and a 2.4m x 43m visibility splay in line with Mfs guidance for a 30mph road. It is noticed that on-street parking bays are within this visibility splay and this is quite common in built up areas without creating any significant problems. It is unclear if a wider vehicle crossover will need to be built, in order to accommodate the wider access. If this is to be done then a minor highways license is required.

The proposals will also help to alleviate any parking issues that may currently be experienced through the lack of formal parking provision. The gates will also provide

43 some level of security. No cycle parking has been provided and WSCC would recommend some level of provision is considered.

In summary WSCC raise no objection subject to conditions.

The Environment Protection Manager comments as follows:

‘I have read through the Noise Assessment by Acoustic Associates Sussex Ltd – dated 1st July 2013, ref J1261. The report indicates that the noise level after the development, including a noise barrier as per specification in 7.3 of the report, will be lower than before the development. The acoustic consultants model the car slamming, but there is unknown input from vehicle drivers and passengers voices, but this would be even more difficult to predict. The consultants have made a compelling case for allowing the proposed car parking that would be hard to refute. As mentioned – the lighting for this scheme would have to be carefully controlled so as not to cause nuisance to nearby residents.’

The Conservation Area Advisory Panel has no objection.

Representations

14 objections have been received from residents at Nos.14, 15, 16 and 17 Heene Terrace (one each from 15 and 16 on behalf of ‘all residents’ at these addresses) raising concerns and objecting to the application. The main issues raised are as follows:

 Increased car parking will lead to noise and disturbance for residents, potentially at any time of the day or night

 Heene Terrace is a Grade II listed building and is in a conservation area. This development would make a mockery of these designations.

 The development will lead to congestion and could block access for emergency vehicles and impede residents’ exit in an emergency. Delay in getting a fire tender vehicle close to the building could be devastating.

 Access for maintenance purposes, scaffolding etc., will be severely curtailed by this proposal.

 Vehicle lights, particularly when using the turning circle, will sweep across rear windows and disturb residents.

 The proposed security lights would be on at night and disturbing to residents.

44  The opening and closing of the security gates, cars revving, doors slamming, people talking, and pedestrian movement would disturb neighbours.

 None of the spaces to be created are for the benefit of the residents who would be disturbed by this proposal. They are solely about enhancing the sale value of the new flats at The Mayfair and are at the expense of existing residents.

 The Mayfair flats were developed in the knowledge that no off street parking spaces was available to them. They are not necessary.

 The site provides inadequate space for the number of vehicles proposed and turning.

 The acoustic fence will restrict the natural light received to the ground floor of 14.

 The acoustic fence has no effect above ground floor so will not benefit the 1st, 2nd and 3rd floor flats.

 Occupiers of the flats at The Mayfair will apply for 2 resident’s parking spaces on street and will allow their friends to park in the spaces to be created. This is a security risk for residents.

 No consideration has been given to the impact on the listed wall which separates the site from MGM offices.

 Ground floor accommodation to the rear of 13 and 14 is described in the application as storage space. It is not. They are bedrooms. The owner of the studio flat at the rear of 14 (onto the car park) has objected to the application on the grounds that he will be disturbed by cars, car lights and pedestrians in this area.

 No 14 has no internal staircase and only a small personal lift. All furniture deliveries etc. and maintenance has to be done from the rear external staircase. This will be impeded by this proposal.

 The acoustic screen will reduce the outlook from the rear of No. 16.

 There is adequate on street parking. These spaces are not essential and the original conversion scheme did not rely on them.

 Allowing residential parking on this land opens the door to residential use of the building at No. 2.

 Improvements to the landscaping will not benefit the residents of Heene Terrace as they have no access to this area.

 Access to this parking area is currently limited by condition on the B1 permission. Activity is currently restricted to Monday to Friday 9 to 5pm. The unlimited access

45 sought raises serious concerns not only in terms of noise and light pollution but also security. Our 8 year old daughter’s bedroom is 6 feet away from the turning head.

 Overlooking

 This site is not a car park as described by the applicant. Currently four cars access the site in office hours only, Monday to Friday. Previous applications to create car parking at the rear have been refused.

 The first three spaces inside the gate would extend into the access road and impede emergency vehicle access. Beyond the first three spaces rapid movement of large vehicles would be impeded. The layout means parked cars could be damaged or long/difficult reversing manouevres necessary.

 The nearest parking space to the offices would block their double doors. All four of the office parking spaces are very difficult to use independently of one another.

 The acoustic wall would impede access to the rear of the buildings (13-17) for scaffolding etc.

 The acoustic fence will only stop light pollution from headlights etc. entering the lower ground floor rooms not those on higher floors.

 The acoustic fence would only prevent noise to the lower ground floor from vehicle movements/talking etc.

 Use of this area at any time of day and night would reduce Heene Terrace residents’ privacy and security.

A single letter of support has been received from the occupier of the lower ground floor flat at No. 15, who comments as follows:

 The proposal will enhance resident’s privacy and reduce the potential for noise and disturbance. It will also alleviate the parking situation in Heene Terrace.

Relevant Planning Policies and Guidance

Worthing Core Strategy 2006-2026 (WBC 2011): Policies 13 and16 Worthing Local Plan (WBC 2003) (saved policies): RES7, H18, and TR9 National Planning Policy Framework (DCLG 2012) Marine Parade and Hinterland Conservation Area Appraisal

46 Planning Assessment

This application relates to previously developed land within the built up area boundary. The land is laid out as access, parking and soft landscaping within the grounds of a B1 (a) office building.

The main issues for consideration are;

1. The impact of the proposal on the setting of the Listed Building and the Marine Parade and Hinterland Conservation Area. 2. The impact of the reconfiguration of the access road and parking areas to provide some residential parking on the highway network and the impact of the revised access arrangements and new gate on highway safety. 3. The impact of the proposed development on the residential amenity of Heene Terrace/West Mansions residents.

Impact on the setting of the Listed Building and Conservation Area

The rear of Heene Terrace, the grounds of 2 Heene Road, is at best unprepossessing. It amounts to an area of lawn, a concrete access road and parking area for the office building at the eastern end with some shrub and tree planting on the northern boundary. The timber vehicular gate and separate pedestrian entrance gate from Heene Road, together with the rebuilt piers, do not respect the special character of this listed building. This area does not enhance the setting of the listed building. Enhancements to the setting of the rear of Heene Terrace are identified within the Marine Parade and Hinterland Conservation Area appraisal which includes under Enhancement Opportunities for Heene Place and the Seafront the following objective:

‘seek improvements to buildings and surfacing to the rear of Heene Terrace, especially to the east of Heene Place fronting Brunswick Road, including removal of the garage blocks, should opportunity arise’.

Leaving aside the creation of six parking spaces for the Mayfair House development it is considered that the proposed traditional carriage gates and widened recessed, stuccoed gate piers with stone cappings represent a significant improvement to the appearance of the conservation area and the setting of the listed building.

The resurfacing of the internal access road and parking area in granite sets and block paving also enhances the appearance and setting of the listed building and conservation area as does the soft landscaping works proposed for the lawned area and the extension of the lawned area outside Nos. 13 and 14. The removal of the unkempt shrubbery on the northern boundary and the exposure of the original listed boundary wall is also arguably an improvement to the setting of the listed building together with the tree and shrub planting proposed in this area.

47 It is proposed to reduce the depth of the existing lawn at the back of Heene Terrace in all areas with the 1.7 metre high ‘living’ acoustic screen shown in a curved arrangement between 3 metres and 6 metres from the back of Heene Terrace. South of the screen is to be heavily planted and the screen itself on both sides is to be planted such that it appears as a living screen. This formal and very obvious separation of the rear of Heene Terrace from the office at 2 Heene Road is sensitively achieved and subject to careful maintenance, which the applicant states is to be built into the leasehold arrangements for Mayfair House, will it is considered enhance the setting of Heene Terrace and improve the appearance of the wider conservation area.

The Conservation Area Advisory Panel has not objected to the application.

Transport and Highways issues

The marking out and regularization of the car park will allow for passing, turning and maneuvering within the parking area and the alteration to the entrance gates, including widening, will improve the access and pedestrian visibility to the site access. Emergency vehicle access is maintained and improved. The Highway Authority is not objecting to the application. They would like to see cycle parking included in the scheme. This is not considered to be necessary. Cycle parking for the Mayfair residents is provided in an outbuilding in the rear garden of the Mayfair.

The scheme for the Mayfair conversion to flats was granted without off street parking. The Council considered the development to be acceptable without it and that on street parking in would cope with the additional parking generated by these flats. Neighbours argue that there is available on street parking available and that no attempt to justify this proposal on the grounds of relieving on street parking pressure should be considered valid and that this scheme is a purely commercial proposal to benefit the developer of the Mayfair and increase the value of the flats.

Whilst the resident’s point is acknowledged the application has to be considered on its own merits. The Highway Authority has no objection. Retaining four parking spaces for the office building is sufficient.

Impact on Residential Amenity

The existing building on the site was granted planning permission for B1 (a) office use in 2010 (WB/10/0520/FULL refers). Conditions of this permission were that the use be restricted to offices within Use Class B1 and that these offices can only be used between 9am and 5.30pm Monday to Friday and 10am and 1pm on Saturdays. Condition 5 of this permission restricted the use of the car parking area within the site for parking purposes incidental to the office use. These conditions were imposed due to the close proximity of the building to the neighbouring flats in Heene Terrace. The previous art studio use had a long and restricted history. At the time of the 2010 permission for the office use unrestricted B1 use was considered to have the potential to be detrimental to residents’ living conditions, hence the conditions imposed. It is

48 understood from residents of Heene Terrace that the current office occupiers observe these conditions and that office use in fact only occurs Monday to Friday.

Between 1997 and 1999 two planning applications to extend car parking on this site were refused and two applications for Certificates of Lawfulness for the use of the land for parking purposes were also declined. These refusals predate the art studio use and the more recent office permission.

The existing parking arrangement for the office use is not formalized but the applicant argues that up to 11 vehicles could be accommodated. There is no restriction on the number or type of vehicle allowed to enter the site in connection with the office use.

The application seeks to move the office parking away from Heene Terrace residents to the northern boundary and formalize four spaces exclusively for office workers use. These spaces would continue to be restricted to 9-5.30pm use Monday to Friday and 10am to 1pm use on Saturdays. They would not be accessible outside of these hours due to an electric bollard.

Additionally six angled spaces are to be created on the northern boundary for residential use, by occupiers of the new Mayfair conversion flats. These spaces would be accessible at any time of the day or night.

The objectors believe that the creation of any parking within this site for residential purposes will harm their living conditions by increasing the potential for disturbance to them through noise from cars, car lights and pedestrians in this area outside of office hours particularly.

The applicant argues that the total number of available spaces is reduced from 11 to 10 by this application. The application includes the provision of a living acoustic fence separating the parking area and access road from the rear of Heene Terrace. A detailed acoustic assessment also submitted concludes that noise levels for residents in Heene Terrace will reduce with the introduction of the living acoustic fence and will be lower than pre-development levels. The Council’s Environment Protection Manager has found little to argue with in this report and concurs with the conclusion. Increased noise and disturbance as a result of car movements or pedestrian activity outside of office hours cannot be used to justify a refusal as a result.

Of concern also to residents is disturbance from car lights and the other lighting proposed for the parking area and landscaped garden area. The applicant has given further consideration to this matter and has revised the detail of the acoustic wall to include a half metre deep canopy to the car park side of the fence. A section drawing submitted illustrates that this canopy will prevent light disturbance to residents when vehicles are close to it. The applicant has offered to include within any lease for a parking space the requirement that users drive into these spaces in a forward gear to further reduce the potential for light pollution. This would be unenforceable from a planning point of view and also very difficult to enforce via the lease. Forward access

49 would also involve use of the turning space when either entering or leaving a space depending on which is in use and therefore headlights will face the rear of Heene Terrace at some point. However, the use of the six residential parking spaces will be relatively light and as a consequence disturbance from car lights is not expected to be so significant that a refusal on this basis could not be justified.

The revised proposal also removes any lighting from the landscaped garden area and replaces the previously proposed bollard lights within the car park with Bega downlighters, seven on the underside of the canopy and two on the sub station fencing closer to the gate. These lights are timed to go off at 11pm but will be sensor controlled to come on when large objects, cars or people but not cats, pass by them after this time. It is not anticipated that these lights would be harmful to neighbours’ living conditions. The wall lights proposed on the office building and the CCTV camera do have the potential to disturb neighbours and are not acceptable. All lighting and CCTV is therefore excluded from this application and reserved for further consideration by condition.

The acoustic fence is proposed closest to the rear of Nos. 13 and 14, at only 3 metres. This area is currently open and is hard landscaped and can be used as car parking. Photos submitted with the application shows cars parked up to the rear window at 14. The office building is 4.3 metres from these same windows and includes a door in its flank wall. Currently anyone using this door or parking in this area can stand immediately outside these windows and look directly into them. It is considered that the privacy for residents of the lower ground floor flats at 13, 14 and 15 would be improved by the introduction of the acoustic fence. Adequate light to these rear rooms would also continue to be received after the introduction of the fence. It is also considered that these same residents and those at 16 and 17 would benefit from reduced noise intrusion. The outlook for all occupiers would be improved by the re-landscaping and enhancement of the lawned area and its separation from the parking area. Neighbours above ground floor would have an improved view over both areas.

A wide gate is shown in the acoustic wall at the rear of No. 14. This ensures an emergency escape route for residents and access for deliveries and maintenance is maintained.

Conclusion

Notwithstanding the considerable local opposition from many residents of Heene Terrace it is considered that this application would not significantly harm the living conditions of local residents of Heene Terrace and that it will enhance the setting of the listed building and the appearance of the Marine Parade and Hinterland conservation area. It is also acceptable in highways terms. As such it is considered to comply with the requirements of the National Planning Policy Framework, Core Strategy policies 13 and 16, ‘saved’ local plan policies RES7, H18 and TR9 and the Marine Parade and Hinterland conservation area Appraisal.

50 Recommendation

Grant A) and B) for the reason above subject to the following conditions:

Application A)

1. Commencement within 3 years 2. Approved Plans 3. Details of all lighting/CCTV reserved 4. Details of hard and soft landscaping reserved 5. Office parking use restricted to hours of 9am to 5.30pm Mon-Fri and 10am to 1pm on Saturdays 6. Parking and turning laid out before residential parking use begins 7. Details of site set up prior to works commencing including temporary contractors buildings, plant and stacks of materials, provision for the temporary parking of contractors vehicles and the loading and unloading of vehicles associated with the implementation of this development. 8. Details of chosen automated gate system

Informatives

1. The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

2. Minor Highway Works The applicant is advised to contact the Community Highways Officer covering the respective area (01243 642105) to obtain formal approval from the highway authority to carry out the site access works on the public highway.

3. Temporary Works Required During Construction The applicant is advised of the requirement to enter into early discussions with and obtain the necessary licenses from the Highway Authority to cover any temporary construction related works that will obstruct or affect the normal operation of the public highway prior to any works commencing. These temporary works may include, the temporary closure of on-street parking bays, the imposition of temporary parking restrictions requiring a Temporary Traffic Regulation Order, the erection of hoarding within the limits of the highway, the provision of cranes over-sailing the highway.

51 Application B)

1. Commencement within 3 years 2. Approved Plans

4th September 2013

52 5 Application Number: AWDM/0684/13 & Recommendation – Approve AWDM/0685/13

Site: Southern Pavilion Worthing Pier The Promenade Worthing

Proposal: Use of Southern Pavilion as wedding and social events venue with (daytime) cafe and ice cream kiosk

Applicant: Mr Phillip Duckett Ward: Central Case Officer: Jo Morin

Not to Scale

Reproduced from OS Mapping with the permission of HMSO © Crown Copyright Licence number LA100024321

Proposal, Site and Surroundings

The application relates to the Southern or ‘Pierhead’ Pavilion on Worthing Pier, a grade II listed building dating from 1935 and a small booth or kiosk located to the south of the ‘Pierfoot’ Pavilion. The Southern Pavilion has been used for many years as a nightclub, but is currently vacant. The booth/kiosk was used in connection with the nightclub as a ticket office.

53 Planning permission and Listed Building consent is sought to use the building for wedding, social and business events, private parties and café and tea rooms. It is proposed to use the small kiosk for occasional ice cream and confectionary sales.

The 2-storey, flat-roofed, ‘nautical style’ Art Deco building consists of rounded lounge/bar areas on either end of a central hall/dance floor. The main entrance is at the northern end with curved external stairs leading to external first-floor terraces to the side and rear (south). The external finish consists of a cream-painted metal/plywood laminate (‘Plymax’) with horizontal ribs, Asphalt roofing and Crittal-type glazing.

Other than minor repairs including replacement of defective glazing, no external alterations are proposed. Internally it is sought to restore the original historic character or the interior to provide a bright and ‘airy’ accommodation in keeping with the original Art Deco concept. Alterations on the ground-floor consist of the removal of a small store room and bar at the southern end of the building together with removal of boarding and internally-applied film to the glazing to ‘open up’ views of the sea; removal of internal partitions and sealing up of hatch within cloakroom to create kitchen area; and removal of the modern cladding to main support piers within events hall and replacement with a more sympathetic alternative. A modern ‘false’ ceiling to the hall has been removed to expose the original plaster ceiling underneath which it is proposed to repair and make good. On the first-floor, the proposed internal alterations are for the most part limited to removal of existing boarding to the windows and the installation of new doors at either end of the balcony overlooking the main hall to enable the café lounge at the northern end to be used independently of the main hall (for example, when the latter is being used for a social function).

The site is located within the South Street Conservation Area.

This report covers both the planning application and listed building consent application. The applications are referred to Planning Committee for decision under the Council’s scheme of delegation as the application site is Council-owned.

Consultations

West Sussex County Council: No objection from a transport/highways aspect commenting that the site benefits from good access by sustainable modes of transport. Enforceable parking controls and restrictions are present throughout the local area.

Adur & Worthing Councils: An up-graded extraction system will be required to serve a commercial kitchen. The Environmental Health Officer has been in discussion with the applicant and further details are awaited.

The comments of the Estates Officer are awaited.

54 The Tourism Development Officer comments that she is generally in favour and would be pleased to see this venue more accessible to a greater number of people, subject to the following queries:-

(i) What consideration has been given to the weather as the frequent inclement conditions may put people off from using/booking the venue; (ii) What consideration has been given to parking; a drop-off for brides and grooms will be needed; (iii) How many employees will the proposed use support; (iv) Will the café/kiosk be run separately from the venue hire.

Worthing Conservation Advisory Committee: No objection.

Representations

No representations have been received from third parties.

Relevant Planning Policies and Guidance

Worthing Core Strategy 2006-2026 (WBC 2011): Policy 3, 5, 16 Worthing Local Plan (WBC 2003) (saved policies): RES7, H18, TR9. Draft National Planning Policy Framework (March 2012)

Planning Assessment

Principle

The proposed use can be supported in principle as an improvement to the existing leisure and tourist offer in accordance with Core Strategy policy 5. In addition to hosting social events and functions the proposed facilities, including a café/lounge, will create a welcome daytime visitor attraction which will enhance and complement the existing tourist offer in the Town Centre which is based around the Pier and Promenade.

Conservation Area and Listed Buildings

The building has been used for many years as a nightclub and the internal décor reflects its current ‘inward-looking’ use. In addition to opening up the existing windows to take advantage of the magnificent views, the current proposals provide an opportunity for the original Art Deco character of the building to be restored. However, the precise nature of some elements of the restoration works to the interior will be dependent on the submission of further details following removal of some existing (non- original) elements and subsequent inspection. The Council’s Conservation Architect is satisfied that agreement of the precise details of the proposed restoration works to the interior can be controlled by conditions attached to a listed building consent.

55 In due course it is proposed to operate a full commercial kitchen in connection with the proposed function/event and cafe uses. However, at the outset it is anticipated that functions will be reliant on outside caterers with food re-heated on the premises. Kitchen equipment relating to the café use would initially consist of coffee machines, pannini grill, microwave, toasters and the like. In order to facilitate primary cooking in the future operating from a full commercial kitchen the Environmental Health Officer has sought details of a proposed kitchen extraction and ventilation system. Although it is not anticipated that cooking odours or smells would cause a nuisance (as there are no residents nearby) details of the extraction system are required to ascertain the potential implications for the listed building. At present there is a modest ventilation grill positioned above the head of the recessed ground-floor door on the east side of the building. It is anticipated that a short length of ducting will run internally from the kitchen to a slightly larger termination grille roughly in the same position. However, further details are awaited and Committee will be up-dated on this issue at the meeting.

Highway safety issues

There is no dedicated parking provision for the Pier venues. It is anticipated that visitors and people attending functions will make use of the various public car parking facilities within the Town Centre or public transport. It is not considered that the proposed change of use will generate any additional highway safety issues compared to the former nightclub use, or the nearby Pavilion Theatre and Denton Lounge.

There is a small parking area with a gated barrier off Marine Parade adjacent to the entrance to the Pier for emergency and maintenance vehicles.

Other Issues

In response to the comments raised by the Tourism Development Officer, the applicant comments that it is anticipated most wedding bookings will between April and October. It is proposed to provide umbrellas at the old ticket office (kiosk) for guests, and a light vehicle (such as a golf buggy) would be used to transport the bride along the Pier. There are occasions when the Pier is closed due to high winds (on average one day per year) and this would be explained when bookings are made. It has been agreed [with Estates] that the bride could be ‘dropped off’ at the car park adjacent to the Pierfoot. It is anticipated the proposal would support in the region of 10-15 jobs. When the venue is booked for weddings etc. the public café would be re-located to the north end of the first-floor (with access to the main events hall closed-off internally).

56 Recommendation

AWDM/0685/13

APPROVE for the reason:-

The proposed development will support local economic growth and will enhance the tourist and leisure offer of the town centre by delivering a high quality destination venue/visitor attraction in a key location. Subject to the details reserved by condition the proposed use can take place without harm to the historic character or appearance of the listed building or the South Street Conservation Area and without detriment to highway safety. The proposed development does not therefore conflict with Worthing Core Strategy policies 3, 5 and 16, saved Local Plan policies RES7, TR9 and H18 or the NPPF.

Subject to Conditions:-

1. Standard 3 year time limit 2. Approved plans 3. No primary cooking shall take place unless and until a ventilation and extraction system has been implemented in accordance with a scheme (to include details of the size and position of termination grille) to be submitted to and approved in writing by the Local Planning Authority.

AWDM/0684/13

GRANT LISTED BUILDING CONSENT subject to:-

Subject to the conditions of listed building consent the proposal would enhance the historic character of the listed building by opening up the interior to restore outward views, and by exposing and refurbishing original features of the building in accordance with Core Strategy policy 16 and the NPPF.

Subject to conditions:-

1. Standard LB 3 year time limit 2. Approved plans 3. Architectural details to be agreed prior to commencement and implemented, to include:-  replacement glazing to southern tea lounge;  4 no. new door sets at ends of first-floor balconies  new door to ground-floor store  new coverings to internal columns in events hall  treatment of ground-floor following removal of bar, store and stud walls. 4. No primary cooking to take place unless and until a ventilation and extraction system has been implemented in accordance with a scheme (to include all

57 internal and external works) to be submitted to and approved in writing by the Local Planning Authority. 5. Damage to LB to be made good

4th September 2013

Local Government Act 1972 Background Papers:

As referred to in individual application reports

Contact Officers:

Paul Pennicott Strategic Projects Officer (Development Management) Portland House 01903-221347 [email protected]

Jo Morin Principal Planning Officer (Development Management) Portland House 01903-221350 [email protected]

Rebekah Smith Senior Planning Officer (Development Management) Portland House 01903-221313 [email protected]

Marie O’Keeffe Senior Planning Officer (Development Management) Portland House 01903-221425 marie.o’[email protected]

58 Schedule of other matters

1.0 Council Priority

1.1 As referred to in individual application reports, the priorities being:- - to protect front line services - to promote a clean, green and sustainable environment - to support and improve the local economy - to work in partnerships to promote health and wellbeing in our communities - to ensure value for money and low Council Tax

2.0 Specific Action Plans

2.1 As referred to in individual application reports.

3.0 Sustainability Issues

3.1 As referred to in individual application reports.

4.0 Equality Issues

4.1 As referred to in individual application reports.

5.0 Community Safety Issues (Section 17)

5.1 As referred to in individual application reports.

6.0 Human Rights Issues

6.1 Article 8 of the European Convention safeguards respect for family life and home, whilst Article 1 of the First Protocol concerns non-interference with peaceful enjoyment of private property. Both rights are not absolute and interference may be permitted if the need to do so is proportionate, having regard to public interests. The interests of those affected by proposed developments and the relevant considerations which may justify interference with human rights have been considered in the planning assessments contained in individual application reports.

7.0 Reputation

7.1 Decisions are required to be made in accordance with the Town & Country Planning Act 1990 and associated legislation and subordinate legislation taking into account Government policy and guidance (and see 6.1 above and 14.1 below).

8.0 Consultations

8.1 As referred to in individual application reports, comprising both statutory and non- statutory consultees.

59 9.0 Risk Assessment

9.1 As referred to in individual application reports.

10.0 Health & Safety Issues

10.1 As referred to in individual application reports.

11.0 Procurement Strategy

11.1 Matter considered and no issues identified.

12.0 Partnership Working

12.1 Matter considered and no issues identified.

13.0 Legal

13.1 Powers and duties contained in the Town and Country Planning Act 1990 (as amended) and associated legislation and statutory instruments.

14.0 Financial implications

14.1 Decisions made (or conditions imposed) which cannot be substantiated or which are otherwise unreasonable having regard to valid planning considerations can result in an award of costs against the Council if the applicant is aggrieved and lodges an appeal. Decisions made which fail to take into account relevant planning considerations or which are partly based on irrelevant considerations can be subject to judicial review in the High Court with resultant costs implications.

60 Planning Committee 4 September 2013 Agenda Item 6

Ward: Central

ENFORCEMENT REPORT

Feast, 4 Warwick Street, Worthing

Planning Enforcement Report Regarding Unauthorised Advertising Mural

Not to Scale

Reproduced from OS Mapping with the permission of HMSO © Crown Copyright Licence number LA100024321

1. THE SITE AND THE BREACH OF PLANNING CONTROL

4 Warwick Street is a 3 storey terraced building comprising a take-away sandwich bar on the ground floor with ancillary storage on the two upper floors. It forms part of a group of mid-19th century white painted buildings, in retail use, on the east side of South Street (Nos. 52 to 58 South Street), extending to this Warwick Street property.

The site lies within the town centre and the central shopping area adjacent to the pedestrian concourse at the junction of South Street with Warwick Street. The

61 site is also within the South Street Conservation Area. No 4 Warwick Street and the group of buildings of which it forms part are designated as buildings of local historic or architectural interest.

Adjoining to the east is a late 1970’s two storey building comprising a retail shop on the ground floor with offices on the first floor. Beyond this, separated by Marine Place, is a four storey, late Regency, Grade II listed building housing the Vintner’s Parrot. Opposite, to the North, are a group of three storey buildings of early 19th century date and HSBC bank which is of late 19th century date. Beyond these buildings is the Guildbourne Centre. To the north-west is South Street Square, a public space/pedestrian area that is used for holding public exhibitions/events, displays and markets. To the west are predominantly 19th century buildings in retail use.

On 8th January 2012 a non-illuminated mural of a sandwich was painted on the upper façade of No. 4 Warwick Street. This is in connection with the applicants take-away sandwich bar (Feast) that operates from the ground floor.

The mural is 6 metres high and 3 metres wide. It depicts a large “stacked” sandwich in bold painted colours, predominantly red, yellow and green, with a blue surround. It is painted onto the white painted front elevation of the building above the ground floor shop front and fascia and also covers the first and second floor windows which have been boarded over with panels to form part of the mural.

Following contact from Officers the owner/occupier of the property applied retrospectively for advertisement consent (AWDM/0122/12 refers) to attempt to authorise the retention of the mural. This application was refused by this Committee on 25th April 2012.

2. CURRENT SITUATION

Following a period of negotiation a revised scheme to replace the current mural has been designed and submitted for the Committee’s consideration. The owner proposes to obliterate the current “sandwich” mural in its entirety and remove the boarding covering the windows in the frontage of the property. It is then proposed to re-paint a woodland design incorporating tree branches, flora and fauna in “vivid” detail and colour. The owner states that local schoolchildren will be invited to add their own ideas to the image. The windows will be exposed and a 3D effect will be created by cut out sections around the window frames and inside the windows. Details describing the owner’s proposal will be available at the meeting.

3. COMMENTS OF THE PROPERTY OWNER

The property owner states: -

“I believe it is important to retain a vibrant and colourful shopfront. During the last 20 months the mural has created a huge amount of interest, 99% of it being positive....from schoolchildren to tourists, from OAPs to mums and babies, all

62 have been influenced in some way or other by our 'controversial' mural...the Save Our Mural Facebook page has 600 supporters, the online poll run by the Worthing Herald had 84% of people supporting the mural, as did the online poll run by The Argus. It is clear the majority want the mural to stay”

The property owner is aware of the presentation of this report to the Committee and will have been given the opportunity to attend the meeting and make representations.

4. COMMENTS OF THE EXECUTIVE HEAD OF CORPORATE AND CULTURAL SERVICES

Section 72(1) Planning (Listed Building and Conservation Areas) Act 1990 states in exercising any functions under the Town and Country Planning Act 1990, special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area.

Paragraph 207 National Planning Policy Framework reiterates that enforcement action is discretionary, and local planning authorities should act proportionately in responding to breaches of planning control.

The mural of a sandwich is classed as an outdoor advertisement under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 because its primary purpose is to advertise the sandwich bar on the ground floor of 4 Warwick Street. The display of the current advertisement is unauthorised and therefore an offence has been committed under Section 224(3) Town and Country Planning Act 1990. The decision to instruct Legal Services to prosecute for an unauthorised advertisement rests with the Executive Head of Planning Regeneration and Wellbeing, and upon receipt of instructions, Legal Services make the decision whether to prosecute, having regard to the Code for Crown Prosecutors, the public interest test, the strength of the evidence and whether any statutory defence applies. It is considered that a mural depicting woodland would not constitute an advertisement (as it bears no relationship to the function of the building or the business therein) however, enforcement action may be considered under Section 225F Town and Country Planning Act 1990, that provides the Local Planning Authority with a power to remedy defacement of premises. Provided the Local Planning Authority is satisfied that the sign is detrimental to the area or offensive, it may serve notice requiring the sign to be removed. The time to remove the sign must not be less than 15 days from the date of service of the notice. There is a right of appeal against the notice to the Magistrates Court.

5. PLANNING ASSESSMENT

The main issues to consider, in assessing the acceptability of the proposed replacement painting, remain the effects of the appearance of the frontage of the property on the historic character and appearance of the building and on the South Street Conservation Area in which it is situated. The views of the

63 Conservation Area Advisory Committee (which strongly objected to the sandwich mural) have been sought and will be reported at the meeting.

Policy 16 of the Worthing Core Strategy and Chapter 12 of the National Planning Policy Framework are relevant and state that alterations to local interest buildings should reflect the predominant characteristics and architectural features of the building, in terms of size, design, form and method of display, scale and positioning, and, secondly, should make a positive contribution to the character and appearance of the conservation area.

The reason for the previous refusal to grant advertisement consent for the sandwich mural was:-

“The mural/sandwich advertisement is detrimental to the historic design, character, integrity and appearance of this local interest building, the group of similar mid-19th century buildings of which it forms part and the South Street Conservation Area in which it is situated. This is by reason of its excessive size and over-dominant form of display, obscuring the first and second floor windows, and its intrusiveness and discordant appearance within the street scene in relation to the predominant characteristics and appearance of the area…”

The revised proposal reintroduces the windows as a feature within the frontage of the building, thereby potentially overcoming the reasons for refusal relating to the excessive size and over dominance of the sandwich and the concerns previously expressed by the Conservation Area Advisory Committee. In order to overcome the previous refusal in its entirety the remaining consideration is therefore whether the proposed replacement would be unduly intrusive and discordant within the street scene.

Although the owner states that the proposed replacement will be “vivid” by its nature a pictorial description of flora and fauna is likely to be in colours and tones that would be more subdued than the current bright, bold colours of the sandwich and likely to integrate better into the street scene. The “tree” theme will pick up and echo the tree planting within the pavement both along South Street and Warwick Street and Officers do consider therefore that this would be a less intrusive and discordant feature. An initial scheme has been presented for consideration by your officer’s and is felt to be acceptable in principle, but a more detailed plan has been requested and is anticipated to be submitted prior to the meeting.

Conclusion

It is, as the previous refusal demonstrates, a statutory duty to preserve or enhance the character and appearance of the South Street Conservation Area and this local interest building. The character of the Conservation Area can be preserved and the architectural features of the building reintroduced by revealing the windows. It is considered that the woodland mural will create vibrancy supporting a local, small business.

64 6. OTHER IMPLICATIONS

There are no significant direct race relations, equal opportunity, environmental or community safety implications arising in this report.

7. RECOMMENDATION

(i) THE MURAL OF THE SANDWICH TO BE REMOVED IN ITS ENTIRETY FROM 4 WARWICK STREET WORTHING WITHIN 2 MONTHS OF 4 SEPTEMBER 2013.

(II) THE COMMITTEE CONSIDER THAT IF THE MURAL OF THE SANDWICH IS REPLACED WITHIN 2 MONTHS OF 4 SEPTEMBER 2013 WITH A WOODLAND MURAL THAT ACCORDS WITH THE PROPOSED DETAILS PRESENTED TO THE COMMITTEE ON 4 SEPTEMBER 2013, THAT WOODLAND MURAL IS NOT CONSIDERED DETRIMENTAL OR OFFENSIVE TO THE AREA, AND NO ACTION BE TAKEN UNDER SECTION 225F TOWN AND COUNTRY PLANNING ACT 1990.

65

Schedule of other matters

1.0 Council Priority

1.1 To support and contribute to the health, safety and well-being of the area

2.0 Specific Action Plans

2.1 Matter considered and no issues identified.

3.0 Sustainability Issues

3.1 The location at this level in a flood zone is unsustainable.

4.0 Equality Issues

4.1 Matter considered and no issues identified.

5.0 Community Safety Issues (Section 17)

5.1 None in this context.

6.0 Human Rights Issues

6.1 Article 8 of the European Convention safeguards respect for family life and home, whilst Article 1 of the First Protocol concerns non-interference with peaceful enjoyment of private property. Both rights are not absolute and interference may be permitted if the need to do so is proportionate, having regard to public interests. The interests of those affected by proposed developments and the relevant considerations which may justify interference with human rights have been considered in the planning assessment.

7.0 Reputation

7.1 Decisions are required to be made in accordance with the Town & Country Planning Act 1990 and associated legislation and subordinate legislation taking into account Government policy and guidance (and see 6.1 above and 14.1 below).

8.0 Consultations

8.1 As referred to in the above report.

9.0 Risk Assessment

9.1 As referred to in the above report.

10.0 Health & Safety Issues

10.1 As referred to in the above report.

11.0 Procurement Strategy

11.1 Matter considered and no issues identified.

66 12.0 Partnership Working

12.1 Matter considered and no issues identified.

13.0 Legal

13.1 Powers and duties contained in the Town and Country Planning Act 1990 (as amended) and associated legislation and statutory instruments.

14.0 Financial implications

14.1 Decisions made which cannot be substantiated or which are otherwise unreasonable having regard to valid planning considerations can result in an award of costs against the Council if the land owner is aggrieved and lodges an appeal. Decisions made which fail to take into account relevant planning considerations or which are partly based on irrelevant considerations can be subject to judicial review in the High Court with resultant costs implications.

67