Development Control (North) Committee Tuesday 15Th March 2016 at 5.30Pm Conference Room, Parkside, Chart Way, Horsham

Email: committeeservices@horsham.gov.uk Direct line: 01403 215465

Development Control (North) Committee Tuesday 15th March 2016 at 5.30pm Conference Room, Parkside, Chart Way, Horsham

Councillors: Liz Kitchen (Chairman) Ian Howard (Vice-Chairman) John Bailey Tony Hogben Andrew Baldwin Adrian Lee Toni Bradnum Christian Mitchell Alan Britten Josh Murphy Karen Burgess Godfrey Newman Peter Burgess Brian O’Connell John Chidlow Connor Relleen Roy Cornell Stuart Ritchie Christine Costin David Skipp Leonard Crosbie Simon Torn Jonathan Dancer Claire Vickers Matthew French Tricia Youtan

You are summoned to the meeting to transact the following business Tom Crowley Chief Executive

Agenda

1. Apologies for absence

2. To receive any declarations of interest from Members of the Committee – any clarification on whether a Member has an interest should be sought before attending the meeting

3. To receive any announcements from the Chairman of the Committee or the Chief Executive

5. To consider the following reports of the Development Manager and to take such action thereon as may be necessary:

Applications for determination by Committee:

Horsham District Council, Parkside, Chart Way, Horsham, West Sussex RH12 1RL Telephone: 01403 215100 (calls may be recorded) Horsham.gov.uk Chief Executive – Tom Crowley 1

Item Ward Reference Site No. Number

A01 Rusper and DC/15/2813 Holmbush Farm Landfill Site, Crawley Road, Faygate Colgate

A02 Rusper and DC/15/2561 Land to the West of Bewbush, North of the A264, Phase Colgate 1D, Kilnwood Vale, Crawley Road, Faygate

6. Items not on the agenda which the Chairman of the meeting is of the opinion should be considered as urgent because of the special circumstances

2 ITEM A01 - 1

DEVELOPMENT MANAGEMENT REPORT

TO: Development Management Committee (North Strategic) BY: Development Manager DATE: 15th March 2016 Variation of conditions 3, 4, 7, 8, 9, and 10 of hybrid planning application DEVELOPMENT: DC/10/1612 to enable the reconfiguration of the neighbourhood centre, community facilities and open space SITE: Holmbush Farm Landfill Site Crawley Road Faygate West Sussex WARD: Rusper and Colgate APPLICATION: DC/15/2813 APPLICANT: Crest Nicholson Operations Ltd

REASON FOR INCLUSION ON THE AGENDA: The development falls within the requirements of the Environmental Impact Assessment Regulations

RECOMMENDATION: That planning permission be delegated for approval to the Development Manager subject to securing a S106 legal agreement, to tie the permission to the obligations secured under application DC/10/1612, and appropriate conditions.

1. THE PURPOSE OF THIS REPORT

To consider the planning application.

DESCRIPTION OF THE APPLICATION

1.1 In October 2011 a hybrid planning permission, under reference DC/10/1612, was granted for the Holmbush Farm Landfill Site, Crawley Road, Faygate (the strategic location of Land West of Crawley and also known as Kilnwood Vale). This hybrid decision consisted of 4 No. parts, comprising: Part A which granted outline permission for the erection of approximately 2,500 dwellings, new accesses from the A264, a neighbourhood centre, main pumping station, land for a primary school and nursery, land for employment uses, a new railway station, an energy centre and associated amenity space; Part B which granted full planning permission for engineering operations associated with landfill remediation works across part of the site, associated infrastructure and a pumping station; Part C which granted full planning permission for the erection of 291 No. dwellings across Phase 1 of the development, along with internal roads and pathways, parking and garaging, a sub-station, flood attenuation ponds and associated amenity space; and, Part D which granted full planning permission for the construction of a noise attenuation bund measuring between 3m and 6m in height and running for approximately 700m along the boundary with the A264, landscaping associated with this, service provision and a pedestrian footpath/cycleway.

Contact Officer: Helen Lowe 3 Tel: 01403 215346 ITEM A01 - 2

1.2 This current application seeks to vary a number of conditions of the original hybrid planning approval in order to allow for the reconfiguration of elements of the development that are to come forward in Phases 2 and 3. The application seeks to vary the conditions which specifically refer to the parameter plans approved at that hybrid stage, so that these are amended to refer to updated plans showing the proposed reconfiguration of facilities, although the scale and type of facilities to be provided would remain as per the extant permission. Varying conditions of an extant approval results in re-issuing the entire planning permission and therefore the other conditions attached to the original hybrid will need to be updated to reflect those which have now been complied with and the change to the development plan since that original application was determined, however, these other changes would not impact upon the development that is to be delivered.

1.3 The proposed revisions to the parameter plans seek to reconfigure the neighbourhood centre elements of the development. The revised parameter plans show the following amendments to the approved and extant scheme:

Land Use Plan

- repositioning the school site from the north east of the neighbourhood centre to the south west of the neighbourhood centre (with its reserve land to the south west of this); - reconfiguring the shape of the neighbourhood centre to lie primarily just north of the school site, with a small area to the east of the school site; - repositioning an employment area to lie just to the north of the main neighbourhood centre site; - changing the orientation of the central greenway to run from a reduced height Knoll (to the southern edge of the site) to the development centre (just to the east of the school site and neighbourhood centre) and then on to Kilnwood Vale Park – this is also shown on the Landscape and Open Space Plan; - repositioning of area of public open space from around the Knoll to the north east of the neighbourhood centre (to the approved school site) and linking this to Kilnwood Vale Park – this is also shown on the Landscape and Open Space Plan;;

Phasing Plan

- change in the split between Phase 2 and Phase 3 to show repositioned school site and early years centre in Phase 2;

Landscape and Open Space Plan

- See changes set out above in respect of the Land Use Plan - reconfiguration of the surface water balancing facilities at eastern edge of Pondtail Shaw and south of Kilnwood Vale Park; - minor alterations to the configuration of civic spaces within Phase 2 and at the neighbourhood centre;

Residential Density Plan

- increase density to section north of Kilnwood Vale Park from 30-40 dph to 40-50 dph; - reduce density to sections west of railway station, south of Bewbush Brook and south of Kilnwood Vale Park from 45-55 dph to a mix of 30-40 dph and 40-50 dph; - introduce a density of 40-50 dph to residential area to west of neighbourhood centre; - reposition densities to southern parts of Phase 2 with the 45-55 dph section being relocated to the south of the neighbourhood centre and introduce a density of 60-75 dph to the southernmost part of Phase 2 (this is the area proposed to form the rented scheme accommodation and currently being considered under application DC/15/2435);

4 ITEM A01 - 3

Pedestrian and Cycle Plan

- minor revision to primary recreational route around revised surface water balancing facility and to run through revised central greenway; - realigned main foot/cycle spine to run along revised central greenway; - revisions to secondary foot/cycle route to north and south of reconfigured neighbourhood centre area;

Movement Plan

- reconfiguration of secondary streets within Phase 2; - reconfiguration of major loop within Phases 2 and 3;

Building Heights Plan

- reconfigured neighbourhood centre area to be 2-4 storey (as approved but showing revised location); - residential areas around neighbourhood centre to be 2-3 storey (as approved but showing revised location); - reconfigured school site reduced from 2-4 storeys to be 2-3 storeys.

1.4 The revised parameter plans also show the potential for the removal of the energy centre site and its allocation for residential development, but mark this area and change as being subject to planning approval. This aspect is considered specifically under the separate application DC/15/2561 currently being considered.

DESCRIPTION OF THE SITE

1.5 The site lies to the north of the A264, and as mentioned above, forms the Land West of Crawley (Kilnwood Vale) strategic development site and previously formed the Holmbush Farm landfill site. The landfill site was used between 1977 and 2006 for the tipping of inert waste, largely construction waste of silts and clays, and does not contain domestic refuse.

1.6 The Kilnwood Vale site is bordered by the residential development of Bewbush, within Crawley Borough, to the east, by Kilnwood Lane to the north, by open fields to the west and by the A264 to the south. The Horsham to London mainline railway runs through the northern portion of the development site. Phase 1 of the Kilnwood Vale development benefits from full planning permission for the erection of 291 No. dwellings and associated works, and this stage of the development is currently underway and substantially complete. Part B of the hybrid approval granted full permission for earthworks associated with the remediation of the landfill areas of the site and these works have commenced, although a revised landform was permitted under a separate application in 2013 (reference DC/13/1437) and a current further revision to the landform is under separate consideration (reference DC/16/0108). The noise attenuation bund along the A264, approved as Part D of the hybrid approval, has been constructed.

1.7 The application site extends to an area of approximately 132 hectares.

2. INTRODUCTION

STATUTORY BACKGROUND

2.1 The Town and Country Planning Act 1990.

RELEVANT GOVERNMENT POLICY

5 ITEM A01 - 4

2.2 National Planning Policy Framework (2012) (NPPF):

- Section 1: Building a strong, competitive economy - Section 4: Promoting sustainable transport - Section 6: Delivering a wide choice of high quality homes - Section 7: Requiring good design - Section 8: Promoting healthy communities - Section 10: Meeting the challenge of climate change, flooding and coastal change - Section 11: Conserving and enhancing the natural environment

2.3 Planning Practice Guidance (2014) (PPG) Technical Guidance to the NPPF (2012)

RELEVANT COUNCIL POLICY

2.4 Horsham District Planning Framework (adopted November 2015) is the current development plan for Horsham District. The following policies are considered to be particularly relevant:

Policy 1 – Strategic Policy: Sustainable Development Policy 2 – Strategic Policy: Strategic Development Policy 3 – Strategic Policy: Development Hierarchy Policy 7 – Strategic Policy: Economic Growth Policy 10 – Rural Economic Development Policy 11 – Tourism and Cultural Facilities Policy 24 – Strategic Policy: Environmental Protection Policy 25 – Strategic Policy: The Natural Environment and Landscape Character Policy 26 – Strategic Policy: Countryside Protection Policy 31 – Green Infrastructure and Biodiversity Policy 32 – Strategic Policy: The Quality of New Development Policy 33 – Development Principles Policy 37 – Sustainable Construction Policy 38 – Strategic Policy: Flooding Policy 39 – Strategic Policy: Infrastructure Provision Policy 40 – Sustainable Transport Policy 41 – Parking Policy 43 – Community Facilities, Leisure and Recreation

2.5 Horsham District and Crawley Borough Local Development Frameworks: West of Bewbush – Joint Area Action Plan (JAAP) (2009):

WB1: Neighbourhood West of Bewbush WB2: Comprehensive Development WB3: Neighbourhood Principle WB4: Design WB5: Community Centre WB8: Joint Provision of Community Facilities WB9: Retail WB12: Structural and Informal Landscaping WB14: Green Linkages WB18: Recreation and Open Space WB19: Education WB20: Employment WB25: Transport

2.6 Local Development Framework: Supplementary Planning Document:

6 ITEM A01 - 5

- Planning Obligations (2007)

2.7 Neighbourhood Development Plan

Colgate Parish Council has not currently commenced a Neighbourhood Development Plan.

PLANNING HISTORY

DC/10/1612 Outline approval for the development of approximately 2500 Permitted dwellings, new access from A264 and a secondary access from A264, neighbourhood centre, comprising retail, community building with library facility, public house, primary care centre and care home, main pumping station, land for primary school and nursery, land for employment uses, new rail station, energy centre and associated amenity space. Full planning permission for engineering operations associated with landfill remediation and associated infrastructure including pumping station. Full permission for the development of Phase 1 of 291 dwellings, internal roads, garages, driveways, 756 parking spaces, pathways, sub-station, flood attenuation ponds and associated amenity space. Full permission for the construction of a 3 to 6 metre high (above ground level) noise attenuation landform for approximately 700 metres, associated landscaping, pedestrian/cycleway and service provision (land known as Kilnwood Vale)

DC/13/1437 Engineering operations associated with landfill remediation and Permitted associated infrastructure including pumping station

DC/15/2087 Reserved Matters approval sought for Layout, Access, Permitted Appearance, Landscaping and Scale (in accordance with DC/10/1612) for Phase 2.1A of the Kilnwood Vale development, comprising 73 dwellings (Phase 2.1A)

DC/15/2435 Reserved Matters approval sought for Layout, Appearance, Pending Landscaping, Scale and Access (in accordance with DC/10/1612) Consideration for Phase 2.1B of the Kilnwood Vale development, comprising 227 dwellings with ancillary residential facilities

DC/15/2561 The erection of 72 dwellings with associated access, parking and Pending landscaping. (Phase 1D) Consideration

DC/16/0108 Engineering operations associated with landfill remediation and Pending associated infrastructure including pumping station. Consideration

3. OUTCOME OF CONSULTATIONS

3.1 The following section provides a summary of responses received as a result of consultation, however officers have considered the full comments of each consultee, which are available to view on the public file at www.horsham.gov.uk.

INTERNAL CONSULTATIONS

3.2 Arboricultural Officer: No comments received

Strategic Housing Manager: (Verbal only) No comment as the proposed amendments would not impact upon housing or affordable housing delivery.

7 ITEM A01 - 6

3.3 Landscape Architect (summarised): Support · There are no concerns with the revised proposals and they are supported on landscape grounds.

3.4 Parks & Countryside (summarised): Comment · The proposed revisions are broadly acceptable and, subject to further clarification, should allow a better opportunity for high quality, green, multi-use open space in the centre of the development; · The Design and Access Statement Addendum should refer to the Horsham District Council ‘Sport, Open Space and Recreation Assessment 2014’ as well as the Crawley Borough Open Space, Sport and Recreation Study 2008; · The distribution of open access ball courts and MUGA’s should be agreed; · It should be confirmed that a mapping exercise has been undertaken to map the size and position of all play areas and activity areas, to include the appropriate buffers; · The number, nature and structures of the younger children’s play areas should be guided by the Council.

3.5 Public Health & Licensing: No comments on revisions

3.6 Strategic Planning (summarised): No objection · As the amount of development and uses on the site would remain consistent the proposal is considered to be consistent and supported by policies in the JAPP; · The amendments proposed would enable the continued and timely delivery of the next phases of the site which will contribute to the delivery of the housing in the HDPF, particularly the early timeframe and the 5 year housing land supply.

3.7 Technical Services (Drainage) Officer: No comments on revisions as the amendments proposed have no material impact on the previously agreed surface water drainage strategy described in the Flood Risk Assessment for the overall development.

OUTSIDE AGENCIES

3.8 Crawley Borough Council (summarised): No comments received to date

3.9 Environment Agency (summarised): No comments on revisions

3.10 Gatwick Airport Safeguarding (summarised): No objection The conditions requested in respect of the original planning permission should be re- applied, except where these have been already complied with.

3.11 Southern Water (summarised): No objection · No objections to the proposed variation of conditions and refer back to their comments made in respect of the original hybrid permission, which sought a condition requiring full details of the proposed water infrastructure to be submitted for approval.

3.12 WSCC Education (summarised): Support The revised location for the school is supported due to the increased likelihood of a speedy delivery of the school to achieve the scheduled date for opening. It is noted that there will be a need to vary the S106 agreement.

3.13 WSCC Flood Risk (summarised): No comments on revisions

3.14 WSCC Highways (summarised): No objection The information supporting the application has been reviewed, including the Design and Access Statement, and it can be confirmed that there are no highway objections to these proposed variations.

8 ITEM A01 - 7

3.15 WSCC Public Rights of Way (summarised): No objection

PUBLIC CONSULTATIONS

3.16 Colgate Parish Council: No objection

3.17 Rusper Parish Council (as neighbouring parish) (summarised): Comment · There is concern over the impact of the development on the local infrastructure and congestion along the A264.

3.17 A total of 5 No. letters of representation have been received, 4 of which object to the application and 1 No., one from Crawley Cycle Forum which is neutral. These letters raise the following summarised points: · Cycle parking and storage provision at the neighbourhood centre and school should be in line with WSCC and Crawley BC standards and be located as near as possible to entrances; · Recreational routes through the central park area would be used to access the neighbourhood centre and school and should give direct access to entry points; · Green corridors and recreational routes should have a 3m wide bonded gravel surface for robust all-weather use; · The revised phasing plan shows delivery of the site over an 18 year period finishing in 2029. This is a material change that does not accord with the development agreed by the Council and will cause the disturbance to local residents to continue for a significant period; · There are enough traffic lights along the A264 already and the secondary access should be retained as left turn only with a pedestrian/equestrian bridge; · The dwellings in Phase 4 should be restricted to 2.5 storeys in order to achieve an appropriate viewpoint across the site; · Planning permission should not be granted unless and until Network Rail have a contractual agreement for the construction of the new railway station; · The development should be considered on the basis that the railway station will not be provided; · There is concern that the development is to be further integrated with Crawley rather than Horsham.

4. HOW THE PROPOSED COURSE OF ACTION WILL PROMOTE HUMAN RIGHTS

4.1 Article 8 (Right to respect of a Private and Family Life) and Article 1 of the First Protocol (Protection of Property) of the Human Rights Act 1998 are relevant to this application, Consideration of Human rights forms part of the planning assessment below.

5. HOW THE PROPOSAL WILL HELP TO REDUCE CRIME AND DISORDER

5.1 It is not considered that the development would be likely to have any significant impact on crime and disorder.

6. PLANNING ASSESSMENTS

6.1 The key issues for consideration in relation to this proposal are:

· The principle of the development · The impact of the proposed changes to the parameter plans

9 ITEM A01 - 8

· Environmental Impact Assessment · S106 obligations

Principle of the development

6.2 The site lies outside of the built-up area boundary of Colgate and abuts the boundary of Crawley Borough, to its eastern edge. The site is not allocated for development in the HDPF or through a Neighbourhood Plan, as it formed the West of Bewbush/West of Crawley strategic allocation under the previous Local Development Framework. Paragraph 3.25 of the HDPF states that the strategy is based upon the on-going development of the strategic sites (including Kilnwood Vale) in order to meet development needs over the duration of the strategy. Furthermore, the Kilnwood Vale site does benefit from an existing outline planning permission for around 2,500 homes and associated facilities, infrastructure and works and the delivery of these units forms part of the Council’s overall strategy for growth and its housing supply trajectory to show the deliverability of an ongoing 5 year supply of housing land.

6.3 This application seeks minor material amendments to the previously approved development of this Kilnwood Vale site, granted under reference DC/10/1612, to allow for the reconfiguration of the neighbourhood centre, community facilities and open space within the site. The proposed amendments result from the length of time that it is anticipated that it will take to remediate parts of the land (formerly an inert landfill site). The parts of the site which contain the deepest areas of inert fill will take the longest to be remediated and it is therefore proposed to reconfigure the positioning of some of the development facilities and infrastructure, in order to ensure their timely delivery.

6.4 The originally approved, and extant, permission positions the school site on part of the site with the greatest depth of landfill. The applicant has advised that, given this depth, this location will take a considerable amount of time to remediate. Therefore, in order to be able to deliver the school site in a timely manner, and possibly earlier than is required by the existing legal agreement between the developer and West Sussex County Council, it is now proposed to reconfigure the layout of the central parts of the Kilnwood Vale development. The central parts of the site fall within Phases 2 and 3 of the development and the repositioning of the school site would bring this into Phase 2.

6.5 The proposed reconfiguration of the central parts of the site would not impact upon the type, scale and level of provision of the facilities and spaces approved as part of the extant outline approval and the triggers to secure the delivery of these features (the school site, neighbourhood centre, employment land, open spaces and recreational facilities) would remain. It is considered that the revisions sought to the parameter plans to allow for the proposed reconfiguration would not alter the overall provisions resulting from the Kilnwood Vale development and are therefore considered acceptable in principle.

Impact of the proposed changes to the parameter plans

6.6 The approved Land Use parameter plan shows the school site situated to the eastern edge of the neighbourhood centre. The proposed revisions show the school site to be located further to the south west, with the majority of the neighbourhood centre to lie adjacent to its northern edge and a smaller section of the neighbourhood centre to lie to its east. The employment land would then be situated just to the north of the neighbourhood centre and an area of open space to form a leisure park would be located to the east of the neighbourhood centre.

6.7 The reconfiguration of the school site and neighbourhood centre would retain these elements with a shared boundary and close geographical relationship. It is considered that the neighbourhood centre uses and the school site would complement each other and their close positioning to one another would enable the possibility of linked trips. In addition, the

10 ITEM A01 - 9

positioning of a significant open space in the form of a leisure park, which will contain both informal and formal recreational provision, adjacent to the neighbourhood centre would again result in an appropriate relationship between these uses. Positioning a leisure park near to the neighbourhood centre would allow for users to also visit and utilise the facilities of the neighbourhood centre.

6.8 The school site, neighbourhood centre and leisure park area would all be situated within the central part of the Kilnwood Vale site where they can be easily accessed by foot and cycle with the main foot/cycle spine route and secondary foot/cycle routes intersecting at this point. In addition, the primary recreational route would be realigned to run along the central greenway which leads from the southern edge of the site straight into the centre and the leisure park. This recreational route would then continue from the leisure park onto the main Kilnwood Vale Park. The realignment of the central greenway such that it runs to the neighbourhood centre and leisure park will result in improved foot/cycle connections within this part of the development and allow easier foot/cycle access to the facilities of the neighbourhood centre, which are likely to be a destination of choice for local residents.

6.9 The reconfigured neighbourhood centre and school site would remain accessed by the primary street within the development site and the realignment of the secondary streets within Phases 2 and 3 would continue to provide appropriate accessibility to these phases for motorised vehicles. In addition, the bus routes through the development would run along the primary street between the school site and the neighbourhood centre and along the eastern side of the neighbourhood centre adjacent to the leisure park. West Sussex County Council, as Local Highways Authority, have no objections to the proposed revisions and therefore it is considered that the alterations to the vehicular movement arrangements within the site are acceptable.

6.10 The proposed alterations to the Landscape and Open Space plan show a repositioning of recreational spaces from the Knoll to a leisure park adjacent to the neighbourhood centre. The Knoll was designed as a raised landform to the southern edge of the site which would provide a viewpoint for looking across the development site to a corresponding viewpoint to the north of the railway line (within Phase 4). Surrounding the Knoll was a mix of formal and informal play areas and amenity open space. It is proposed to reduce the scale of the Knoll, but for this to remain as a raised landform and the views from here across to the north of the railway line would remain. The realignment of the central greenway would assist in providing these views across the site as it would now run along the line of the vista to the viewpoint at the northern edge of the Kilnwood Vale development.

6.11 The formal play areas which were to be sited at the Knoll were situated in close proximity to the adjacent residential parcels and relocating these to the now proposed leisure park at the centre of the development allows for a greater separation between these facilities and the nearest residential properties. Conversely, whilst the revised location would take the formal play areas away from the closest dwellings, their position in the centre of the site would make them more accessible to a greater number of residents within the development. In addition, the central space for the leisure park will consist of a generally flatter landform, than that around the Knoll, which will provide a better space for formal play provision. This reposition of recreational facilities is considered to be of benefit to the development.

6.12 The revised Landscape and Open Space plan also shows some changes to the surface water balancing facilities. The approved plan shows 2 No. small attenuation ponds to the north west of Phase 2, just south of Bewbush Brook. The proposed plan now shows this area as one larger pond and creates a new attenuation pond just to the south of Kilnwood Vale Park. The applicant has stated that the overall surface water attenuation capacity across the site will remain as approved and will not be decreased by the proposed changes. No objections to the proposed revisions to the water retention facilities have been received from the Environment Agency, the Lead Local Flood Authority (West Sussex

11 ITEM A01 - 10

County Council) or the Council’s Drainage Engineer. Therefore it is considered that the principle of these revisions is acceptable and the full detail of these features will be considered and controlled through future reserved matters applications.

6.13 The scale and form of the development is governed by the Density and Building Heights plans. The proposed changes to the density of the site result in both increases and decreases in localised areas, however, the overall number of dwellings across the site would remain as existing. The proposed increased density to the southern edge of the site reflects the scheme currently being considered under application DC/15/2435. This area is proposed as a higher density area with specific shared communal facilities. This particular area of the site would be surrounded by residential development to its north, east and west and has good access to the neighbourhood centre, bus routes and the secondary vehicular access into the site and it is considered that the principle of a higher density in this location is appropriate. The remainder of Phases 2 and 3 would have slightly lower densities, with some areas having lower densities than previously approved. The reduced density areas are shown to be adjacent to areas of open space (Kilnwood Vale Park and Pondtail Shaw) and it is considered that this would provide an appropriate edge to built form.

6.14 The Building Heights plan shows that the development is proposed with largely the same height parameters as previously approved. The changes to the building heights across the centre of the site are to show the repositioned neighbourhood centre, at 2-4 storeys, with the residential development around this to have a 2-3 storey height. The school site was previously shown with a 2-4 storey height and this has been reduced to 2-3 storey. The site shown on the extant permission for the energy centre has a permitted height of up to 25m and an allowance for a chimney stack of up to 60m in height. As this area is being considered under a separate application for change to residential, the height of this area is not considered as part of this application. It is considered that the proposed changes to the Building Heights plan are acceptable.

Environmental Impact Assessment

6.15 The original application (DC/10/1612) fell within the Environmental Impact Assessment Regulations due to its scale and nature. That application was therefore submitted with an Environmental Statement to consider and assess the potential environmental effects of the proposed development. The applicant has submitted an addendum to that statement with this current application setting out the revisions and how they do not alter the parameters considered as part of that previously submitted Environmental Statement.

6.16 Having reviewed the submitted details it is considered that the re-arrangement of the neighbourhood centre uses would not alter the quantum of development onsite and these would remain broadly consistent with the parameters assessed as part of the original Environmental Statement. It is therefore considered that an additional Environmental Statement is not required in connection with this application as the proposed alterations would not alter the conclusions made in the original and will not cause additional significant environmental effects.

S106 obligations

6.17 The original extant permission was accompanied by a legal agreement under Section 106 of the Town and Country Planning Act that secured a range of facilities and services as a result of the development. This original S106 ensures that appropriate affordable housing is delivered across the site; that open spaces are provided to an appropriate standard; that a community building and pavilion are provided; that land is provided for employment uses, a railway station and for primary care; and that public art is provided on site.

6.18 As this application would result in a revised permission for the entire site, it is necessary to ensure that the requirements of the original legal agreement are retained in connection with

12 ITEM A01 - 11

this current application. Therefore a new legal agreement or deed of variation is required to tie any new permission to the original legal agreement and ensure that the necessary facilities and requirements are delivered in appropriate locations and at the appropriate stage during the development. The applicant is aware of this requirement and discussions are ongoing with the Council’s legal team. This is therefore reflected in the recommendation set out below.

Conclusion

6.19 The principle of the development of the site has been established through the JAAP and accepted under the previous planning approval (DC/10/1612), which remains extant. This application seeks only to vary the conditions which specifically relate to the approved parameter plans in order that a revised configuration of uses within the centre of the site can be accommodated. The proposed changes would retain the same elements of the approved scheme, other than the energy centre which is considered separately under application DC/15/2561, and would ensure their timely delivery. The revisions to the location of some of the play areas and recreational spaces would be of benefit to the wider development and the repositioning of the school site would still ensure that this relates well to the surrounding uses and the development as a whole. It is considered that the proposed alterations would result in a development that accords with the principles set out within the JAAP and would enable a development that complies with policies of the HDPF to be delivered. The proposed amendments are therefore considered to be acceptable.

7. RECOMMENDATIONS

7.1 That planning permission be delegated for approval to the Development Manager subject to securing a S106 legal agreement, to tie the permission to the obligations secured under application DC/10/1612, and appropriate conditions.

7.2 A number of the conditions of planning approval DC/10/1612 have been complied with since its issue and the Development Plan has now changed to the Horsham District Planning Framework. Therefore, the exact wording of some of the conditions will need to be amended to reflect details which have already been submitted to and approved by Horsham District Council and the policies with which they relate. An addendum will be provided at the Committee to reflect the updated wording of the conditions proposed.

Part A: Outline approval for the development of approximately 2500 dwellings, new access from A264 and a secondary access from A264, neighbourhood centre, comprising retail, community building with library facility, public house, primary care centre and care home, main pumping station, land for primary school and nursery, land for employment uses, new rail station, energy centre and associated amenity space.

1 Applications for the approval of reserved matters shall be made to the Local Planning Authority before 16th October 2023.

Reason: To comply with Section 92 of the Town and Country Planning Act 1990.

2 The development hereby permitted shall begin either before the expiration of five years from the date of this permission or before the expiration of two years from the date of the approval of the last of the reserved matters to be approved, whichever is the later.

Reason: To comply with Section 92 of the Town and Country Planning Act 1990.

13 ITEM A01 - 12

3 The submission of reserved matters applications pursuant to this outline application shall demonstrate substantial compliance with the following parameter plans submitted as part of the Outline application to fix the development principles:-

Land Use Plan – Drawing No. 321 Revision ADD 04 Density Plan – Drawing No. 322 Revision ADD 05 Buildings Height Plan – Drawing No. 361 Revision ADD 03 Pedestrian & Cycle Movement Plan – Drawing No. 351 Revision ADD 02 Vehicular Movement Plan – Drawing No. 351 Revision ADD 03 Landscape and Open Space Plan – Drawing No. 322 Revision ADD 01

Reason: To enable the Local Planning Authority to control the development in detail and to ensure compliance with the Land West of Bewbush Joint Area Action Plan throughout the phased development of the applications site.

4 The phasing of the development hereby permitted shall be in substantial accordance with the phasing and order shown on drawing No. 321 Revision ADD 03 unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure the delivery of the development and the associated infrastructure as required by the Land West of Bewbush Joint Area Action Plan.

5 Approval of the details of the layout of the development, the scale of each building, the appearance of each building, access to and within the site and the landscaping of the development (hereinafter called “the reserved matters”) shall be obtained from the Local Planning Authority in writing before the relevant phase or part phase of the development is commenced, other than the Phase 1 and remediation soil testing site clearance and earthworks approved as part of this application. The development shall be carried out in accordance with the approved details.

Reason: To enable the Local Planning Authority to control the development in detail and to comply with Section 92 of the Town and Country Planning Act 1990.

6 Plans and particulars submitted pursuant to condition 5, (except where already provided in connection with Phase 1), above shall include the following details: i) any proposed access road(s) including details of horizontal and vertical alignment; ii) the layout, specification and construction programme for (1) any internal roads not covered by (i) above, (2) footpaths, (3) parking and turning areas (including visibility splays) (4) cycle parking areas and (5) cycle storage facilities; iii) The reserved matters application for landscaping referred to in condition (5) above shall include the following information: - Location of existing trees, hedges, shrubs and other vegetation. - The layout, character, structure and types of the proposed planting, together with an indicative schedule of planting species. - The layout and character of the proposed hardsurfacing areas together with an indicative schedule of materials - Details of any earthworks proposed, contours to be formed and representative cross/long-sections and iii) Location of lighting for roads, footpaths and other areas.

The reserved matters for landscaping details shall show integration with the other reserved matters.

14 ITEM A01 - 13

Reason: To enable the Local Planning Authority to control the development in detail and to comply with Section 92 of the Town and Country Planning Act 1990

7 Notwithstanding the details as set out in the submitted Design and Access Statement (dated July 2010), the Design and Access Statement Addendum (dated December 2015), a Design Brief for the Neighbourhood Centre, Station Square and Brook Crossing areas as shown in Figure A18.15 of the Design and Access Statement Addendum shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of Phase 3, other than remediation soil testing site clearance and earthworks approved as part of this application.

The detailed design principles within the Design Brief shall include:

- Constraints - Topography - Landuse - Massing and building heights - Access and circulation - Parking - Public realm - Layout - Appearance - Phasing - A 3 dimensional spatial masterplan - Architectural, landscape and sustainable construction guidelines

The reserved matters applications pursuant to this permission shall demonstrate compliance with the Design Brief and shall reflect the visions of the submitted Design and Access Statement (dated July 2010), the Design and Access Statement Addendum (dated December 2015) and Landscape Strategy for the development. The development shall be carried out in accordance with the approved Design Brief.

8 Each phase or part phase of the development (excluding Phase 1) shall be accompanied by a statement of conformity with evidence to demonstrate that the design of the development is in substantial accordance with the vision/design principles/details of the Design and Access Statement (dated July 2010) and the Design and Access Statement Addendum (dated December 2015), the Strategic Design Code and the Design Brief approved by condition 7.

Reason: To ensure the delivery of a high quality development as required by the Land West of Bewbush Joint Area Action Plan.

9 Plans showing the structure and layout for each of the key open spaces within the development) which are identified on plan the Landscape and Open Space Plan Drawing No. 322 Revision ADD 01 (excluding open space within Phase 1) shall be submitted concurrently with the reserved matters for each phase or part phase in which the open spaces are located and approved in writing by the Local Planning Authority.

Reason: To ensure the delivery of a high quality development as required by the Land West of Bewbush Joint Area Action Plan.

15 ITEM A01 - 14

10 For each phase or part phase of the development the key open spaces as identified on the Landscape and Open Space Plan Drawing No. 322 Revision ADD 01 (excluding open space within Phase 1) shall be laid out in accordance with the structure and layout approved by condition 9, and the structure, layout, facilities and equipment shall be provided in accordance with a timetable which shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the relevant phase or part phase, other than remediation soil testing site clearance and earthworks and any related operations approved as part of this application. The development shall be carried out in accordance with the approved details and timetable.

Reason: To ensure the delivery of a high quality development as required by the Land West of Bewbush Joint Area Action Plan.

11 The development shall be carried out and thereafter be permanently retained in accordance with the overarching long term Landscape Management and Maintenance Plan details approved by letter dated 22nd January 2014 unless otherwise agreed in writing (by way of a formal application for such) by the Local Planning Authority.

Reason: To ensure the foundations for the future maintenance and management of the landscaping and open space to secure the delivery of a high quality landscape and development as required by the Land West of Bewbush Joint Area Action Plan.

12 Prior to the occupation of any dwellings on each phase or part phase, a detailed management and maintenance plan, for areas of land within that phase or part phase, shall be submitted to and approved in writing by the Local Planning Authority clearly setting out future maintenance responsibilities for all areas of land within that phase or part phase. Each detailed management and maintenance plan shall be incorporated into, and demonstrate integration with the overarching Landscape Management and Maintenance Plan approved by condition 11 above, and shall include:

- Detailed Management and Maintenance Prescriptions/Operations - Schedules of maintenance operations and their timing - A plan showing parties responsible for the maintenance of different areas and their contact details.

Each phase or part phase of the development shall thereafter be maintained in accordance with the approved Landscape Management and Maintenance plan, unless otherwise approved in writing by the Local Planning Authority.

13 Development within the areas shown red and yellow on the hybrid planning application component plan No. 248 Revision F shall be carried out and thereafter permanently retained in accordance with the detailed management and maintenance plan details approved by letter dated 22nd January 2014 unless otherwise agreed in writing (by way of a formal application for such) by the Local Planning Authority.

16 ITEM A01 - 15

14 The landscaping scheme for the A264 landscape buffer; the A264 highway access; and the Phase 1 residential development shall be implemented in accordance with the details and timetable approved by letters dated 3rd October 2012, 16th April 2013 and 2nd July 2014 unless otherwise agreed in writing (by way of a formal application for such) by the Local Planning Authority.

Reason: To ensure the delivery of a high quality development as required by the Land West of Bewbush Joint Area Action Plan.

15 No development of any phase or part phase shall begin, other than remediation soil testing site clearance and earthworks approved as part of this application, until a scheme for the provision and management of a buffer zone of at least 5 metres other than at pinch points alongside the watercourses shall be submitted to and agreed in writing by the Local Planning Authority. The buffer zone shall be clear of all buildings, structures, fences etc and hard standing, including formal footpaths and cycle paths. Thereafter the development shall be carried out in accordance with the approved scheme and any subsequent amendments shall be agreed in writing with the Local Planning Authority. The scheme shall include:

- Implementation Plan - plans showing the extent and layout of the buffer zone, identifying the exact location of pinch points within the buffer zones (and the justifications for these), the design, widths, surface types and distances from the edges of the paths to the top of the banks, of all footpaths and cycle paths adjacent to watercourse - details of the planting scheme (for example, native species) - details demonstrating how the buffer zone will be protected during development and managed/maintained over the longer term

Reason: This planning condition is necessary to ensure the development complies with the principles of the NPPF, the UK BAP and Policy 31 of the Horsham District Planning Framework (2015).

16 No development, excluding Phase 1 and remediation soil testing site clearance and earthworks approved as part of this application, shall take place until a scheme for the provision and management of compensatory habitat creation has been submitted to and agreed in writing by the Local Planning Authority and implemented as approved. Thereafter the development shall be implemented in accordance with the approved scheme.

Reason: This planning condition is necessary to ensure the development complies with the principles of the NPPF and Policy 31 of the Horsham District Planning Framework (2015).

17 No phase or part phase of the development shall commence until all existing trees/bushes/hedges to be retained within (and immediately adjacent to) that phase or part phase as approved pursuant to condition 5 above, have been protected by a fence erected in accordance with the guidance contained in BS 5837:2012 and maintained during the course of development within that phase or part phase. Within the areas so fenced off the existing ground level shall neither be raised nor lowered and no materials, temporary buildings, plant, machinery or surplus soil shall be placed or stored within such areas without the prior written approval of the Local Planning Authority. If any trenches for services are required in the fenced off areas they shall be excavated and backfilled by hand and any tree root encountered with a diameter of 25mm or more shall be left unsevered.

17 ITEM A01 - 16

Reason: In order to adequate protection to existing trees and hedges prior to the development of the site in accordance with Policy 33 of the Horsham District Planning Framework (2015).

18 No trees, hedges or shrubs on the site, shall be wilfully damaged or uprooted, felled/removed, topped or lopped (without the previous written consent of the Local Planning Authority) until 5 years after completion of any phase or part phase of the development hereby permitted. Any trees, hedges or shrubs on the site, whether within the tree protective areas or not, which die or become damaged during the construction process shall be replaced with trees, hedging plants or shrubs of a type, size and in positions agreed by the Local Planning Authority.

Reason: To ensure the retention and maintenance of trees and vegetation on the site unsuitable for permanent protection by Tree Preservation Order for a limited period in accordance with Policy 33 of the Horsham District Planning Framework (2015).

19 Any plants which within a period of 5 years die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation.

20 No development or preparatory works within 15m of the Ancient Woodland in Pondtail Shaw shall begin until a methodology has been submitted to and approved in writing by the Local Planning Authority to support the detailed applications detailing how the ancient woodland will be protected during the construction of the adjacent development, western bridge crossing and any other development within 15m. The development shall be carried out in accordance with the approved details.

Reason: To protect ancient woodland in accordance with Policy 31 of the Horsham District Planning Framework (2015), the NPPF and Section 40 of the Natural Environment and Rural Communities Act 2006.

21 a) The development shall be carried out in accordance with the overarching long term Ecological Management Plan details approved by letter dated 27th November 2013 unless otherwise agreed in writing (by way of a formal application for such) by the Local Planning Authority.

b) A detailed Ecological Management plan shall be submitted as part of each reserved matters application and approved in writing by the Local Planning Authority and shall be incorporated into, and demonstrate integration with, the overarching Ecological Management Plan together with demonstrating compliance with the ecological mitigation set out in Chapter 10 of the Environmental Statement.

Each phase or part phase of the development shall thereafter be maintained in accordance with the approved overarching and detailed Ecological Management plan, unless otherwise approved in writing by the Local Planning Authority.

Reason: To accord with the Design and Access Statement (dated July 2010), the Design and Access Statement Addendum (dated December 2015), the NPPF, Policy 31 of the Horsham District Planning Framework (2015) and the Natural Environment and Rural Communities Act 2006.

18 ITEM A01 - 17

22 No earthworks or recontouring associated with any phase or sub-phase shall begin until a scheme for the temporary drainage of that particular phase or sub-phase has been submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details/timing embodied within the scheme and any subsequent amendments shall be agreed in writing with the Local Planning Authority.

The scheme shall also include:

- demonstration that there will be no increase in the volume or rate of surface water runoff leaving the site for the duration of the earthworks and associated stabilisation period. - measures to mitigate any increased risk of sediment entering the watercourses

Reason: To prevent the increased risk of flooding; to protect water quality. This planning condition is necessary to ensure the development complies with the principles of the NPPF.

23 No physical works affecting a watercourse within any phase or part phase shall begin until, a working method statement to cover all channel / bank works (to include realignment or culverting) of any watercourses shall be submitted to and agreed in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved scheme and any subsequent amendments shall be agreed in writing with the Local Planning Authority.

The scheme shall also include:

- demonstration that there will not be a detrimental impact upon flood risk or the geomorphology of the watercourse.

Reason: To prevent a detrimental change in the flow conveyance of the watercourse, or increased risk of blockage which could lead to an increased risk of flooding and also to prevent an adverse impact upon the wildlife habitat. This planning condition is necessary to ensure the development complies with the principles of the NPPF and Policies 31 and 38 of the Horsham District Planning Framework (2015).

24 There shall be no raising of ground levels within the one per cent annual probability (1 in 100 year) flood extent, taking into account a suitable allowance for the potential impacts of climate change, without the prior written approval of the Local Planning Authority.

Reason: To prevent an increase in the impact of flooding through a reduction in the floodwater storage capacity, or flow conveyance of the floodplain in accordance with the NPPF and Policy 38 of the Horsham District Planning Framework (2015).

25 At the Reserved Matters stage for any phase or part phase (excluding Phase 1) a drainage strategy detailing any on and/or off site foul drainage works for that phase or part phase, shall be submitted to and approved in writing by the Local Planning Authority in consultation with the sewerage undertaker. No discharge of foul water from the site shall be accepted into the public system until the drainage works referred to in the strategy have been completed. The development shall be carried out in accordance with the approved details.

Reason: The development may lead to sewage flooding; to ensure that sufficient capacity is made available to cope with the new development; and in order to avoid

19 ITEM A01 - 18

adverse environmental impact upon the community in accordance with the NPPF and Policy 38 of the Horsham District Planning Framework (2015).

26 The development shall be carried out and thereafter retained in accordance with the potable water infrastructure plans approved by letter dated 3rd October 2012 unless otherwise agreed in writing (by way of a formal application for such) by the Local Planning Authority.

Reason: To ensure that the existing infrastructure meets the needs of the development in accordance with Policy 38 of the Horsham District Planning Framework (2015).

27 At the Reserved Matters stage for any phase or part phase excluding Phase 1, a surface water drainage strategy for that phase or part phase based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the whole development, should be submitted to and approved in writing by the Local Planning Authority.

The strategy shall also include:

- Details of how the sustainable drainage management train will be incorporated including a number of water treatment stages - Details of how the drainage from the phase or part phase will discharge into the watercourse as proposed in section 15.3 of the approved Flood Risk Assessment (FRA) dated July 2010 (SLR Ref: 403-00404-00027 ). - Consideration of pollution prevention measures to protect watercourses and groundwater - Confirmation that there will be no discharge to ground in areas affected by contamination - Demonstration that the scheme complies with Advice Note 6 ‘Potential Bird Hazards from Sustainable Urban Drainage Schemes (SUDS)’. - Demonstration that flows through railway culverts will be restricted to pre- development rates or less.

The development shall be carried out in accordance with the details and any timings of the approved scheme. Any subsequent amendments shall be agreed in writing with the Local Planning Authority.

Reason: To prevent the increased risk of flooding, and ensure a management train is incorporated as agreed to improve and protect water quality, improve habitat and amenity, and ensure future maintenance of the drainage system. This planning condition is necessary to ensure the development complies with the principles of the NPPF and Policy 38 of the Horsham District Planning Framework (2015).

28 No development of any phase or part phase excluding Phase 1 shall begin, other than remediation soil testing site clearance and earthworks and any related operations approved as part of this application, until the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the Local Planning Authority.

1) A preliminary risk assessment which has identified:

- all previous uses - potential contaminants associated with those uses - a conceptual model of the site indicating sources, pathways and receptors - potentially unacceptable risks arising from contamination at the site.

20 ITEM A01 - 19

2) A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

3) The site investigation results and the detailed risk assessment (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

4) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action shall be submitted to, and approved, in writing, by the Local Planning Authority. This shall include measures to deal with any contamination not previously identified but subsequently found to be present at the site.

The development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

Reason: The site is a known historic landfill site, therefore any risk needs to be dismissed. This planning condition is necessary to ensure the development complies with the principles of the NPPF.

29 No occupation of any phase or part phase of the permitted development shall occur until a verification report demonstrating completion of the remediation works set out in the approved remediation strategy, and the effectiveness of the remediation for that phase or sub-phase shall be submitted to and approved, in writing, by the Local Planning Authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a “long-term monitoring and maintenance plan”) for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the Local Planning Authority. The long-term monitoring and maintenance plan shall be implemented as approved.

The development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

Reason: The site is a known historic landfill site, therefore any risk needs to be dismissed. This planning condition is necessary to ensure the development complies with the principles of the NPPF.

30 Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the LPA, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater.

Reason: Piling or other sources of ground penetration could create a pathway for contaminants to migrate into the groundwater. Preventative measures should be taken in order to protect groundwater quality. This planning condition is necessary to ensure the development complies with the principles of the NPPF.

31 No development on a phase or part phase shall commence until a programme of archaeological work including a Written Scheme of Investigation for that phase or sub phase has been submitted to and approved by the Local Planning Authority in writing. The scheme shall include research questions; and

1. The programme and methodology of site investigation and recording

21 ITEM A01 - 20

2. The programme for post investigation assessment 3. Provision to be made for analysis of the archaeological archive arising from the site investigation and recording 4. Provision to be made for publication and dissemination of the findings of the site investigation and recording 5. Provision to be made for compilation and appropriate conservation of the archaeological site archive and insofar as may be reasonably practicable its deposition in an appropriate museum or publicly accessible repository 6. Nomination of a competent person or persons or organisation to undertake the works set out within the Written Scheme of Investigation.

No development shall take place other than in accordance with the approved Written Scheme of Investigation.

Reason: In order to ensure that archaeological features on the site will be properly recorded before and during development and that the records will be satisfactorily reported in accordance with Policy 34 of the Horsham District Planning Framework (2015).

32 No dwellings shall be constructed north of the railway line until the bridge over the railway, as illustrated on the parameter plans approved as part of this application, has been constructed. Details of the bridge shall be submitted to and approved in writing by the Local Planning Authority as part of a reserved matters application and the bridge shall be constructed in accordance with the approved details.

Reason: To ensure the delivery of a high quality accessible and integrated development as required by the Land West of Bewbush Joint Area Action Plan.

33 Prior to the commencement of each Phase or part Phase of the development (including Phase 1) a construction environmental management plan (CEMP) for that phase or part phase shall be submitted to the Local Planning Authority for its written approval and thereafter implemented and maintained throughout the construction period in accordance with the approved CEMP. The CEMP shall include:

- Details of the working hours agreed with the Local Planning Authority for the implementation of the development; - Details of the design and location of the construction access; - Details of proposed wheel washing facilities located adjacent the construction site access; - Details of an area for the storage of materials, parking for construction traffic and an appropriate turning area has been provided within the site clear of the public highway; - A site waste management plan - Details of temporary utilities - How the construction will comply with the sustainable use of soils on construction sites. - Details of a communication strategy to include the provision of a dedicated phone line for residents to contact the site manager directly with complaints which should be manned at all times while site works are in progress. - Details of a routing agreement for the site construction traffic and HGV traffic associated with the movement of bulk material to and from the site; - Details of means of suppressing dust during the construction process to include the regime for dust deposition measurement at the site boundaries; - Details of the measures to mitigate the noise and vibration from construction including those measures identified in sections 13.5.1 to 13.5.4 of the Environmental Statement;

22 ITEM A01 - 21

- Details of a surface water drainage scheme for the temporary drainage of the Site. The scheme shall subsequently be implemented in accordance with the approved details. The scheme shall include: - demonstration that there will be no increase in the volume or rate of surface water runoff leaving the site for the duration of the earthworks and associated stabilisation period. - measures to mitigate any increased risk of sediment entering the watercourses and groundwater. - demonstration that there will be no discharge to ground that has been affected by contamination - Measures for tree and hedgerow protection throughout the development programme; - A detailed method statement for the removal or long-term management/eradication of Japanese Knotweed on the site. The method statement shall include proposed measures to prevent the spread of Japanese Knotweed during any operations such as mowing, strimming or soil movement. It shall also contain measures to ensure that any soils brought to the site are free of the seeds/root/stem of any invasive plant covered under the Wildlife and Countryside Act 1981. - A detailed method statement for the construction of bridges to be submitted within the CEMP prior to the commencement of the relevant phase or sub-phase.

Reason: In the interests of highway safety and ensuring the free flow of traffic on the highway network; to minimise the risk of damage to the highway; to safeguard the amenity of existing and proposed residents; to ensure a strategy is in place to manage surface water drainage and safeguard existing watercourse and groundwater; to safeguard existing landscape features and secure the eradication of Japanese Knotweed in accordance with Policies 31, 33 and 40 of the Horsham District Planning Framework (2015).

34 No dwelling within any phase or part phase of the development shall be occupied unless and until it has been provided with satisfactory parking arrangements in accordance with plans to be submitted and approved. The development shall be carried out in accordance with the approved details.

Reason: To prevent random parking taking place within the development in accordance with Policies 40 and 41 of the Horsham District Planning Framework (2015).

35 The proposed bus gate links from the development to Sullivan Drive and Woodcroft Road as illustrated on Movement Parameter Plan Drawing No. 351 Revision ADD 03 shall be designed, laid out and constructed in all respects to a specification (which shall include safety audits and demonstration of the connectivity with the adjoining highway) to be submitted to and agreed by the Local Planning Authority.

a) The bus gate between the development and Sullivan Drive shall be provided by the occupation of the 900th dwelling and completed in accordance with the approved scheme.

b) The bus gate between the development and Woodcroft Road shall be provided by the occupation of the 1,650th dwelling and completed in accordance with the approved scheme.

Reason: In the interests of highway safety and to ensure the delivery of a high quality accessible and integrated development with pedestrian and public transport links in accordance with the Land West of Bewbush Joint Area Action Plan and Policy 40 of the Horsham District Planning Framework (2015).

23 ITEM A01 - 22

36 No more than 350 of the dwellings hereby permitted shall be occupied until the completion of: the improvements to Junction 11 of the M23 shown on drawing number 16702-010-112C; or such other scheme of works to the highway substantially to the same effect, as may be approved in writing by the local planning authority (who shall consult with the Highways Agency on behalf of the Secretary of State for Transport).

Reason: To ensure that the M23 Motorway and the A23 Trunk Road continue to be an effective part of the national system of routes for through traffic in accordance with section 10 of the Highways Act 1980 and to satisfy the reasonable requirements of road safety in accordance with the NPPF.

37 No more than 800 dwellings hereby permitted shall be occupied until the completion of the improvements to Junction 11 of the M23 shown on drawing number 16702- 010-111D; or such other scheme of works to the highway substantially to the same effect as may be approved in writing by the local planning authority (who shall consult with the Highways Agency on behalf of the Secretary of State for Transport).

38 No dwelling shall be constructed within any Phase or Part Phase of the development until a design assessment in respect of that dwelling has been submitted to and approved in writing by the Local Planning Authority. The assessment shall demonstrate the basis upon which the dwelling shall achieve at least Level 3 of the Code for Sustainable Homes or any other higher code level (or equivalent) required by national legislation as appropriate during the lifetime of the construction of the development. The design assessment shall include a water reduction strategy and shall demonstrate compliance with the Sustainability Statement submitted as part of this application. Each dwelling shall be constructed in accordance with the approved design assessment which relates to that dwelling. Unless otherwise approved in writing by the local planning authority, no dwelling hereby permitted shall be occupied unless a final Code Certificate certifying that at least Code Level 3 has been achieved (or the level required by national legislation at the time of construction), in respect of that dwelling, has been submitted to the local planning authority.

Reason: To secure the construction of sustainable homes in line with code level requirements at the time of construction in accordance with the vision as set out in the Land West of Bewbush Joint Area Action Plan.

39 Before the construction of any non-residential building hereby permitted is commenced a scheme for the achievement of a ‘‘very good’’ rating pursuant to the Building Research Establishment Environmental Assessment Method (or the equivalent rating of another such nationally recognised measure of sustainable construction), in respect of that building, shall have been submitted to and approved in writing by the Local Planning Authority. The scheme shall include a water reduction strategy and shall demonstrate compliance with the Sustainability Statement submitted as part of this application. Each non-residential building shall be constructed in accordance with the approved design assessment which relates to that building. No part of any non-residential building hereby permitted shall be occupied until a copy of a post - construction completion certificate, verifying that the building has achieved a ‘‘very good’’ rating (or equivalent), has been submitted to the Local Planning Authority.

24 ITEM A01 - 23

Reason: To secure the construction of a sustainable development in accordance with the vision as set out in the Land West of Bewbush Joint Area Action Plan and Policy 37 of the Horsham District Planning Framework (2015).

40 The reserved matters application containing the Energy Centre area shall demonstrate that the plant meets BS4142 criteria of a rating level 10dB or more below background at the nearest dwelling, unless otherwise agreed in writing due to changing technology at the time.

Reason: To safeguard the amenities of future residents in accordance with Policy 33 of the Horsham District Planning Framework (2015).

41 No development shall begin on any phase or part phase, other than remediation soil testing site clearance and earthworks approved as part of this application, until a scheme of sound insulation works to provide sound attenuation against external noise to comply with the 'good' design range of 30 dB LAeq,T for indoor ambient noise levels as stated within BS 8233:1999 for that particular phase has been submitted to and approved in writing by the Local Planning Authority. The scheme as approved by the Local Planning Authority shall be fully installed prior to first occupation of each dwelling.

Reason: To safeguard the amenities of future residents in accordance with Policy 33 of the Horsham District Planning Framework (2015).

42 Prior to the occupation of any dwelling approved by this consent within or partly within the areas marked in yellow on Drawing Numbers 16702/SK003 and 16702/SK005, a bund shall be constructed in accordance with the approved verified design as shown in Drawing 16702-441-015 for dwellings west of the secondary access and Drawing 16702-441-016A for dwellings east of the secondary access.

Reason: To ensure that ambient noise levels are acceptable for those dwellings that without the bund in place would be likely to be subjected to unacceptable noise levels in accordance with the NPPF and Policy 33 of the Horsham District Planning Framework (2015).

43 No development, excluding Phase 1 and remediation soil testing site clearance and earthworks approved as part of this application, shall begin on any phase or part phase until full details of soft and water landscaping works have been submitted to and approved in writing by the Local Planning Authority, details must comply with Advice Note 3, ‘Potential Bird Hazards from Amenity Landscaping and Building Design available at www.aoa.org.uk/publications/safeguarding.asp. These details shall include:

- Any earthworks - Grassed areas - The species, number and spacing of trees and shrubs - Details of any water features - Drainage details including SuDS - such schemes must comply with Advice Note ‘Potential Bird Hazards from Sustainable Urban Drainage Systems (SuDS)’ available at www.aoa.org.uk/publications/safeguarding.asp

No subsequent alterations to the approved landscaping scheme are to take place unless submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented as approved.

25 ITEM A01 - 24

Reason: To avoid endangering the safe movement of aircraft and the operation of Gatwick Airport through the attraction of birds and an increase in the bird hazard risk of the application site.

44 The development shall be implemented in accordance with the details of the Bird Management Plan approved by letter dated 3rd October 2012 and shall remain in force for the life of those water bodies. No subsequent alterations to the plan are to take place unless first submitted to and approved in writing by the Local Planning Authority.

Reason: It is necessary to manage the water bodies in order to minimise their attractiveness to birds which could endanger the safe movement of aircraft and the operation of Gatwick Airport.

45 All landscaping works, including SuDS details shall be carried out in accordance with the approved scheme. No alterations to the approved landscaping scheme are to take place unless submitted to and approved in writing by the Local Planning Authority.

Reason: The scheme has been designed to mitigate bird hazard and avoid endangering the safe movements of aircraft and the operation of Gatwick Airport through the attraction of birds.

46 Lighting schemes required during the construction and for the completed development shall be of a flat glass, full cut off design, mounted horizontally, and shall ensure that there is no light spill above the horizontal.

Reason: To avoid endangering the safe operation of aircraft through confusion with aeronautical ground lights or glare.

47 Unless otherwise agreed in writing by the Local Planning Authority in agreement with Gatwick Airport no buildings or structures associated with the development hereby permitted shall exceed the heights as shown on plan LGW1924 in metres Above Ordnance Datum AOD.

Reason: Development exceeding this height would penetrate the Obstacle Limitation Surfaces (OLS) surrounding Gatwick Airport and endanger aircraft movements and the safe operation of the aerodrome See Advice Note 1 'Safeguarding an overview ' for further information (available at www.aoa.org.uk/publications/safeguarding.asp).

Part B: Full planning permission for engineering operations associated with landfill remediation and associated infrastructure including pumping station.

48 The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990.

49 The development associated with part b) shall be carried out only in accordance with the details of Construction Environmental Management Plan approved by letter dated 3rd October 2012 unless otherwise agreed in writing (by way of a formal application for such) by the Local Planning Authority.

26 ITEM A01 - 25

manage surface water drainage and safeguard existing watercourse and groundwater; to safeguard existing landscape features and secure the eradication of Japanese Knotweed in accordance with Policies 31, 33 and 40 of the Horsham District Planning Framework (2015).

50 All existing trees/bushes/hedges to be retained within (and immediately adjacent to) any areas of works, shall be protected by a fence erected in accordance with the guidance contained in BS 5837:2012 and maintained during the course of development for part b). Within the areas so fenced off the existing ground level shall neither be raised nor lowered and no materials, temporary buildings, plant, machinery or surplus soil shall be placed or stored within such areas without the prior written approval of the local planning authority. If any trenches for services are required in the fenced off areas they shall be excavated and backfilled by hand and any tree root encountered with a diameter of 25mm or more shall be left unsevered.

51 A detailed scheme for temporary hydroseeding of the Knoll Park shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the earthworks operations that will form the basic landform of the Knoll Park. The approved scheme shall then be implemented according to an agreed timescale to be submitted to and approved in writing with the Local Planning Authority.

Reason: To ensure no erosion of the Knoll Park feature occurs before the precise final landform details for the Knoll Park are agreed as part of a future reserved matters submission and implemented in accordance with Policies DC2 and DC9 of the Horsham District Local Development Framework, General Development Control Policies 2007.

Part C: Full permission for the development of Phase 1 of 291 dwellings, internal roads, garages, driveways 757 parking spaces, pathways, sub- station, flood attenuation ponds and associated amenity space.

52 The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990.

53 Within a period of one month from the date of this permission a schedule of materials and samples of such materials and finishes and colours to be used for the external walls and roofs of the proposed building(s) shall be submitted to the Local Planning Authority for approval in writing. The external walls and roof materials used within Phase 1 of the development shall accord with those approved and the permanent hardstanding within Phase 1 shall only be carried out in accordance with the details approved by letter dated 3rd October 2012 unless otherwise agreed in writing (by way of a formal application for such) by the Local Planning Authority.

Reason: To enable the Local Planning Authority to control the development in detail in the interests of amenity by endeavouring to achieve a building of visual quality in accordance with Policy 33 of the Horsham District Planning Framework (2015).

54 The external walls and/or fences within Phase 1 shall be erected prior to the first occupation of the associated dwelling(s), and shall thereafter be retained in

27 ITEM A01 - 26

accordance with the details approved by letter dated 14th March 2014 unless otherwise agreed in writing (by way of a formal application for such) by the Local Planning Authority.

Reason: In the interests of amenity in accordance with Policy 33 of the Horsham District Planning Framework (2015).

55 The storage of refuse/recycling bins shall be provided for prior to the first occupation of the associated dwellings(s), and shall thereafter be maintained in accordance with the details approved by letter dated 14th March 2014 unless otherwise agreed in writing (by way of a formal application for such) by the Local Planning Authority.

Reason: To ensure the adequate provision of recycling facilities in accordance with Policy 33 of the Horsham District Planning Framework (2015).

56 The street furniture and lighting within Phase 1 of the development hereby permitted shall only be installed in accordance with the timetable and details approved by letter dated 3rd October 2012 unless otherwise agreed in writing (by way of a formal application for such) by the Local Planning Authority.

Reason: In the interests of amenity in accordance with Policy 33 of the Horsham District Planning Framework (2015).

57 The development shall be carried out in accordance with the underground services details approved by letter dated 3rd October 2012 unless otherwise agreed in writing (by way of a formal application for such) by the Local Planning Authority.

Reason: To ensure the underground services do not conflict with satisfactory development in the interests of amenity and to protect roots of important trees and hedgerows on the site in accordance with Policy 33 of the Horsham District Planning Framework (2015).

58 Finished floor levels for Phase 1 shall be constructed in accordance with plan no: 16702/441/PA/11 Revision B unless otherwise agreed in writing by the Local Planning Authority.

Reason: To reduce the risk of internal flooding to the development from any localised incidents on the watercourses on-site and in the interests of amenity and in accordance with Policy 38 of the Horsham District Planning Framework (2015). This planning condition is necessary to ensure the development complies with the principles the NPPF.

59 The Community Green (Gateway Village Green – Phase 1) shall be maintained in accordance with the details approved by letter dated 18th June 2013 unless otherwise agreed in writing (by way of a formal application for such) by the Local Planning Authority.

Reason: To ensure the provision of open space to meet the needs of the development in accordance with an approved scheme in accordance with the NPPF and Policies 31, 32 and 33 of the Horsham District Planning Framework (2015).

60 The Neighbourhood Park (Phase 1) shall be laid out and thereafter retained in accordance with the scheme approved under application DISC/14/0067 (letter dated 2nd October 2014) unless otherwise agreed in writing (by way of a formal application for such) by the Local Planning Authority.

28 ITEM A01 - 27

61 No trees, hedges or shrubs on the site, other than those the Local Planning Authority has agreed to be felled as part of this permission, shall be wilfully damaged or uprooted, felled/removed, topped or lopped without the previous written consent of the Local Planning Authority until 5 years after completion of the development hereby permitted. Any trees, hedges or shrubs on the site, whether within the tree protective areas or not, which die or become damaged during the construction process shall be replaced with trees, hedging plants or shrubs of a type, size and in positions agreed by the Local Planning Authority.

Reason: To ensure the retention and maintenance of trees and vegetation on the site unsuitable for permanent protection by Tree Preservation Order for a limited period, in accordance with Policy 33 of the Horsham District Planning Framework (2015).

62 The development within Phase 1 shall be fully implemented and thereafter permanently retained only in accordance with the drainage strategy details and timings approved by letter dated 3rd October 2012 unless otherwise agreed in writing (by way of a formal application for such) by the Local Planning Authority.

Reason: To prevent an increased risk of flooding, improve and protect water quality, habitat and amenity and ensure the future maintenance of the drainage system in accordance with the principles of the NPPF.

63 The development within Phase 1 shall be fully implemented and thereafter permanently retained only in accordance with the drainage strategy detailing for on and off site foul drainage works approved by letter dated 3rd October 2012 unless otherwise agreed in writing (by way of a formal application for such) by the Local Planning Authority. No discharge of foul water from the site shall be accepted into the public system until the drainage works referred to in the strategy have been completed in accordance with the approved details.

Reason: The development may lead to sewage flooding; to ensure that sufficient capacity is made available to cope with the new development; and in order to avoid adverse environmental impact upon the community in accordance with the NPPF and Policy 38 of the Horsham District Planning Framework (2015).

64 The development in Phase 1 as approved by this planning permission, shall be undertaken in compliance with the findings of the Preliminary Risk Assessment, Site Investigations and Remediation Strategy outlined in the following approved SLR reports:

- Kilnwood Vale, Land Quality Assessment, SLR Ref 404-0404-00027, dated June 2010, Version: Final - Kilnwood Vale Remediation Strategy SLR Ref 404-0404-00027, dated June 2010, Version: Final

Any amendments or updates that are required to the approved preliminary Risk Assessment, Site Investigations and Remediation Strategy shall be submitted to and approved in writing to the LPA.

A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy are complete and identifying any requirements for longer-term monitoring of pollutant linkages,

29 ITEM A01 - 28

maintenance and arrangements for contingency action shall be submitted to, and approved, in writing, by the LPA prior to the occupation of phase 1. This shall include measures to deal with any contamination not previously identified but subsequently found to be present at the site.

The development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

Reason: The site is a known historic landfill site, therefore any risk needs to be dismissed. This planning condition is necessary to ensure the development complies with the principles of the NPPF.

65 Prior to occupation of any dwelling approved by this consent within or partly within the area marked in yellow on Drawing Numbers 16702/SK004 and 16702/SK006 a bund shall be constructed in accordance with the approved verified design as shown in drawing 16702-441-015.

Reason: To ensure that ambient noise levels are acceptable for those dwellings that without the bund in place would be likely to be subjected to unacceptable noise levels.

66 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) (No2) (England) Order 2008 (or any order amending or revoking and re-enacting that Order with or without modification), no garages shall be erected [other than those expressly authorised by this permission].

Reason: In the interest of visual amenity and in accordance with Policy 33 of the Horsham District Planning Framework (2015).

67 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) (No2) (England) Order 2008 (or any order revoking and re-enacting that Order with or without modification), no windows/dormer windows [other than those expressly authorised by this permission] shall be constructed.

Reason: To protect the privacy of adjoining properties and to protect the character and appearance of the building in accordance with Policy 33 of the Horsham District Planning Framework (2015).

68 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or Orders amending or revoking and re-enacting the same, the building(s) shall not be extended or altered in any way unless planning permission has been granted by the Local Planning Authority on application in that respect.

Reason: A more intensive use of the site would be likely to cause congestion on adjacent roads through overflow vehicle parking contrary to Policy 41 of the Horsham District Planning Framework (2015).

69 The building(s) hereby approved shall not be occupied until the parking turning and access facilities have been provided in accordance with the plans hereby approved (or in accordance with plans submitted to and approved in writing by the Local Planning Authority) and the parking turning and access facilities shall thereafter be retained solely for that purpose [and solely in connection with the development].

Reason: To ensure adequate parking, turning and access facilities are available to serve the development in accordance with Policy 40 of the Horsham District Planning Framework (2015).

30 ITEM A01 - 29

70 No dwelling hereby permitted shall be occupied unless and until the access road to that dwelling has been completed to base course level with the road construction to be completed within 12 months of first occupation or to a later date to be agreed with the Local Planning Authority.

Reason: To ensure that the construction of the roads are of an adequate standard and meet the design code for the development in accordance with Policy 40 of the Horsham District Planning Framework (2015).

71 The temporary footpath/cyclepath route from Phase 1 providing connectivity to Chetwood Drive, Bewbush shall be retained in accordance with the details approved by letter dated 3rd October 2012 unless otherwise agreed in writing (by way of a formal application for such) by the Local Planning Authority.

Reason: To ensure that the occupiers of Phase 1 are not isolated and have a safe walking and cycling route to local facilities and services in Bewbush in accordance with Policy 40 of the Horsham District Planning Framework (2015).

72 A footpath/cyclepath route from Phase 1 providing connectivity to Chetwood Drive shall be designed, laid out and constructed to base course level and provided with street lighting by prior to the occupation of the 50th dwelling and completed to wearing course level prior to the occupation of the 100th dwelling. The scheme for the footpath/cycle path shall be in accordance with the details approved by letter dated 3rd October 2012 unless otherwise agreed in writing (by way of a formal application for such) by the Local Planning Authority.

73 The footbridge located immediately south of plots 280-285 shall be fully constructed in accordance with the details approved under application DISC/14/0067 (by letter dated 2nd October 2014) prior to the occupation of plots 286-291, 280-285 and 274- 279 and shall thereafter be retained in accordance with the approved details.

74 The development shall be carried out and thereafter retained in accordance with the details of inlet and outlet structures and retaining walls associated with the SuDS detention pond in Phase 1 approved by letter dated 3rd October 2012 unless otherwise agreed in writing (by way of a formal application for such) by the Local Planning Authority

Reason: To ensure the delivery of a high quality development as required by the Land West of Bewbush Joint Area Action Plan.

Part D: Full permission for the construction of a 3 to 6 metre high (above ground level) noise attenuation landform for approximately 700 metres, associated landscaping, pedestrian/cycleway and service provision (land known as Kilnwood Vale)

75 The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

31 ITEM A01 - 30

Reason: To comply with Section 91 of the Town and Country Planning Act 1990.

76 The bund as approved by this application shall be maintained in accordance with the approved verified design as shown in Drawings 16702-441-015 and 16702-441- 016A.

Reason: To ensure the performance of the bund is as tested by the Environmental Impact Assessment and to ensure that it reduces noise within the future development to acceptable levels in accordance with the NPPF.

77 The development shall be carried out only in accordance with the Construction Environmental Management Plan details approved by letter dated 3rd October 2012 unless otherwise agreed in writing (by way of a formal application for such) by the Local Planning Authority.

78 All existing trees/bushes/hedges to be retained within (and immediately adjacent to) any areas of works, shall be protected by a fence erected in accordance with the guidance contained in BS 5837:2012 and maintained during the course of development for part d). Within the areas so fenced off the existing ground level shall neither be raised nor lowered and no materials, temporary buildings, plant, machinery or surplus soil shall be placed or stored within such areas without the prior written approval of the Local Planning Authority. If any trenches for services are required in the fenced off areas they shall be excavated and backfilled by hand and any tree root encountered with a diameter of 25mm or more shall be left unsevered.

79 Approved plan numbers.

Background Papers: DC/15/2813, DC/10/1612

32 DC/15/2813

Kilnwood Vale

For Business use only - not for distribution to the general public

Scale: 1:22,962

Reproduced from the Ordnance Survey map with permission of the Controller Organisation Horsham District Council of Her Majesty's Stationery Office © Crown Copyright 2012. Department Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or Comments civil proceedings.

Date 02/03/2016 MSA Number 100023865

33 34 ITEM A02 - 1

DEVELOPMENT MANAGEMENT REPORT

TO: Development Management Committee (North Strategic) BY: Development Manager DATE: 15 March 2016 The erection of 72 dwellings with associated access, parking and DEVELOPMENT: landscaping.

SITE: Land To The West of Bewbush, North of The A264, Phase 1D, Kilnwood Vale, Crawley Road WARD: Rusper and Colgate APPLICATION: DC/15/2561 APPLICANT: Crest Nicholson South

REASON FOR INCLUSION ON THE AGENDA: More than 5 different households have made written representations which are inconsistent with the Officers’ recommendation

RECOMMENDATION: Planning permission to be delegated for approval to the Development Manager subject to securing a S106 legal agreement and appropriate conditions.

1. THE PURPOSE OF THIS REPORT

1.1 To consider the planning application.

DESCRIPTION OF THE APPLICATION

1.2 Full planning permission is sought for the construction of 72 dwellings with associated access, parking and landscaping. Under the Outline application for the development of the Kilnwood Site (ref DC/10/1612), the land use of the current application site is for environmental infrastructure for a Combined Heat and Power Plant (CHP). This would potentially supply energy for the whole of the Kilnwood site. Potential for a CHP to be provided as part of the development of the Kilnwood Vale site is also outlined in the Joint Arear Action Plan (JAAP) to assist in reducing carbon emissions and provide a community energy system in accordance with Zero Carbon building standards that were due to be imposed that have now been abolished. The current scheme would therefore result in the loss of a CHP on site.

1.3 The proposal would comprise four apartment buildings which would include 43 flats, 23 semi-detached and terraced houses and 6 flats above garages. The development would have a density of 51 dph. 36% of the dwellings proposed would be affordable and this would be provided in 26 flats in two blocks proposed along the northern boundary of the site. The accommodation schedule would be as follows:

Contact Officer: Jason Hawkes 35 Tel: 01403 215162 ITEM A02 - 2

Market Housing Affordable housing 23 x 2 bed apartments 8 x 1 bed apartments 5 x 2 bed houses 18 x 2 bed apartments 18 x 3 bed houses

1.4 The development would be in a formal block arrangement with a north south orientation with a mix of two and three storey houses and flats. The main entrance into the site, to the south, would be flanked by two three-storey blocks of flats with two rows of two-storey dwelling houses either side. These houses would include back to back gardens. The entrance road would lead to a ‘U’ shaped three-storey block of flats at the northern end of the site which is flanked by a smaller block of flats and two pairs of semi-detached houses.

1.5 The buildings would be of traditional design with a mix of materials including red brick, timber cladding and tile hung elevations. The proposal includes a 15m wide buffer zone along the whole of the northern boundary of the site. This would separate the development from the Ancient Woodland. Landscaping is proposed which includes private gardens for the dwellings, hard surfacing, timber bollards and landscaped areas with tree planting and seats.

1.6 The development would be accessed via a new access road from the south which would form a central road into the site with a ‘T’ junction to allow access to the east and west sides of the site. The scheme includes 136 parking spaces. The parking areas are a mix of on-street spaces, garages and 3 dedicated off street parking areas accessed via undercrofts. Cycle parking would be provided for 148 cycles. The cycle parking would be provided within integral storage spaces in the proposed blocks of flats and within separate cycle stores in the gardens of the proposed dwellings. Refuse storage would also be provided in integral and detached stores.

1.7 The proposal would retain the majority of trees which surround the site. The scheme would require the removal of 5 trees along the eastern boundary (all European Ash trees) and two trees on the southern boundary (an Ash tree and an Oak Tree).

1.8 During the course of the application minor amendments have been received which have altered the layout of the proposal to allow additional cycle stores and additional allocated parking spaces.

1.9 The application has been accompanied by a number of supporting documents including: · Planning Statement · Design and Access Statement · Transport Assessment · Travel Plan Statement · Ecology Surveys and Statements · Kilnwood Vale Environmental Statement · Sustainability and Energy Statement · CHP Appraisal · Flood Risk Assessment · Arboricultural Statement · Landscaping Scheme and Specification · Site Waste Management Plan · Flood Risk Assessment · Tree Report · Utilities Statement

36 ITEM A02 - 3

DESCRIPTION OF THE SITE

1.10 The site comprises a rectangular shaped piece of land that forms part of the southern edge of Pondtail Shaw woodland at the northern edge of Phase 1 of the Kilnwood Vale development area. Existing vegetation has been cleared and the site is currently used to partly store construction materials. The site covers an area of approximately 1.2ha and was part of the former inert landfill site now being developed. The application site has a level surface in line with the adjacent housing development. The woodland to the north slopes down and away from the site.

1.11 The site is surrounded on three sides (north, east and west) by substantial mature trees. The trees along the northern boundary form part of the Pondtail Shaw Ancient Woodland. A stand alone Oak tree is present within the site along the southern boundary. The Ancient Woodland separates the site from a railway line to the north. The site lies within a Flood Risk Zone 1 area. Flood Risk Zones 2 and 3 lie to the north and east of the site.

1.12 The Kilnwood Vale development was allocated in the West of Bewbush Joint Area Action Plan 2009 (JAAP), for a neighbourhood of approximately 2,500 dwellings and associated uses, including retail and employment uses, a new railway station, a primary school, community uses and open space. As outlined in the HDPF, the JAAP remains part of the Council’s development plan. The Kilnwood Vale site lies directly adjacent to the boundary with Crawley Borough Council to the east and the Bewbush area. The wider site is accessed from a new access road via the north carriageway of the A264 which links Horsham to Crawley. The High Weald Area of Outstanding Natural Beauty lies south of the A264.

1.13 Since the hybrid Outline planning permission was granted in 2011, development has commenced and progress has been made with the delivery of Phase 1 of the approved scheme which includes 291 new homes and vehicle access. The Phase 1 development site is immediately south of the application site. The application site is known as Phase 1D.

1.14 As part of the development of the Phase 1 site, three blocks of timber clad blocks of flats overlooking a new attenuation pond have recently been completed immediately adjacent to the boundary with the current application site. Besides the Phase 1 site, the rest of the Kilnwood Vale site (Phases 2, 3 4 & 5) remains largely undeveloped with the exception of ground works to the land at Phase 2.

2. INTRODUCTION

STATUTORY BACKGROUND

2.1 The Town and Country Planning Act 1990.

RELEVANT GOVERNMENT POLICY

2.2 The National Planning Policy Framework (March 2012), sections 1, 4, 6, 7, 8, 10 and 11.

2.3 Planning Practice Guidance (March 2014).

RELEVANT COUNCIL POLICY

2.4 The following policies in the HDPF are considered to be relevant:

Policy 1: Strategic Policy: Sustainable Development

37 ITEM A02 - 4

Policy 2: Strategic Policy: Strategic Development Policy 3: Strategic Policy: Development Hierarchy Policy 4: Strategic Policy: Settlement Expansion Policy 15: Strategic Policy: Housing Provision Policy 16: Strategic Policy: Meeting Local Housing Needs Policy 24: Strategic Policy: Environmental Protection Policy 25: Strategic Policy: The Natural Environment and Landscape Character Policy 26: Strategic Policy: Countryside Protection Policy 27: Settlement Coalescence Policy 30: Protected Landscapes Policy 31: Green Infrastructure and Biodiversity Policy 32: Strategic Policy: The Quality of New Development Policy 33: Development Principles Policy 35: Strategic Policy: Climate Change Policy 36: Strategic Policy: Appropriate Energy Use Policy 37: Sustainable Construction Policy 38: Strategic Policy: Flooding Policy 39: Strategic Policy: Infrastructure Provision Policy 40: Sustainable Transport Policy 41: Parking Policy 42: Strategic Policy: Inclusive Communities

2.5 Local Development Framework: Supplementary Planning Document:

- Planning Obligations (2007)

2.6 Development Plan Document: West of Bewbush Joint Area Action Plan (2009). The following policies in the JAAP are considered to be relevant:

Policy WB1: Neighbourhood West of Bewbush Policy WB2: Comprehensive Development Policy WB3: Neighbourhood Principle Policy WB4: Design Policy WB10: Dwelling Mix Policy WB11: Affordable Housing Policy WB12: Structural and Informal Landscaping Policy WB15: Noise Policy WB16: Flood Risk Management Policy WB17: Household Waste Recycling Facilities Policy WB18: Recreation and Open Space Policy WB19: Education Policy WB21: Sustainability / Sustainable Construction Policy WB22: Former Inert Landfill Remediation Policy WB25: Transport Policy WB26: Utility Infrastructure Provision

NEIGHBOURHOOD PLAN

2.7 The site is within the parish of Colgate. Currently Colgate is not designated as a Neighbourhood Plan Area.

PLANNING HISTORY

DC/10/1612 Outline approval for the development of approximately 2500 Permitted dwellings, new access from A264 and a secondary access from 17.10.2011 A264, neighbourhood centre, comprising retail, community

38 ITEM A02 - 5

building with library facility, public house, primary care centre and care home, main pumping station, land for primary school and nursery, land for employment uses, new rail station, energy centre and associated amenity space. Full planning permission for engineering operations associated with landfill remediation and associated infrastructure including pumping station. Full permission for the development of Phase 1 of 291 dwellings, internal roads, garages, driveways, 756 parking spaces, pathways, sub-station, flood attenuation ponds and associated amenity space. Full permission for the construction of a 3 to 6 metre high (above ground level) noise attenuation landform for approximately 700 metres, associated landscaping, pedestrian/cycleway and service provision (land known as Kilnwood Vale)

DC/13/1437 Engineering operations associated with landfill remediation and Permitted associated infrastructure including pumping station 14.02.2014

DC/13/2429 Temporary use of Plots 1 to 4 as sales area, comprising Permitted temporary sales office and associated temporary landscaping and 12.03.2014 parking

DC/15/2087 Reserved Matters approval sought for Layout, Access, Permitted Appearance, Landscaping and Scale (in accordance with 12.02.2016 DC/10/1612) for Phase 2.1A of the Kilnwood Vale development, comprising 73 dwellings

DC/15/2435 Reserved Matters approval sought for Layout, Appearance, Under Landscaping, Scale and Access (in accordance with DC/10/1612) consideration for Phase 2.1B of the Kilnwood Vale development, comprising 227 dwellings with ancillary residential facilities

DC/16/0108 Engineering operations associated with landfill remediation and Under associated infrastructure including pumping station. consideration

DC/15/2813 Variation of conditions 3, 4, 7, 8, 9, and 10 of hybrid planning Under application DC/10/1612 to enable the reconfiguration of the consideration neighbourhood centre, community facilities and open space

3. OUTCOME OF CONSULTATIONS

3.1 Where consultation responses have been summarised, it should be noted that Officers have had consideration of the full comments received, which are available to view on the public file at www.horsham.gov.uk.

3.2 HDC – Housing (summarised): No objection. The applicant proposes 36% affordable homes (26 units). 16 homes would be provided for Affordable Rent and 10 for Shared Ownership. Crawley Borough Council’s view on the mix should be ascertained.

3.3 HDC - Strategic Planning (Summarised): Support. The Kilnwood Development site was allocated under the JAAP and the housing it provides forms a key component of the housing delivery in the 16,000 homes in the HDPF maintaining a five year housing supply. Comments from the Sustainability Officer are required regarding the loss of the CHP Plant. No objection is raised to 36% affordable housing.

39 ITEM A02 - 6

3.4 HDC – Sustainability Officer (Summarised): No objection. The loss of a potential CHP is regrettable. However, the proposal is in compliance with policy 36 of the HDPF.

3.5 HDC – Technical Services (Drainage) (summarised): No objection subject to detailed design information to be secured through an appropriate condition.

3.6 HDC – Environmental Health (summarised): No comment.

3.7 HDC – Parks & Countryside: No comment.

3.8 HDC – Ecology Consultant (summarised): No objection subject to the retention of the 15m landscape buffer to protect the Ancient Woodland.

3.9 HDC - Archaeology Consultant (summarised): No objection.

3.10 HDC – Landscape Officer (summarised): No objection.

3.11 HDC – Environment Management (summarised): No objection subject to details to be forwarded for the applicant’s attention regarding refuse sizes, design and collection.

3.12 HDC – EIA Screening Assessment Officer: No objection. An additional Environmental Impact Assessment is not required for this scheme.

OUTSIDE AGENCIES

3.13 West Sussex County Council – Flood Risk Management Consultant (summarised): No objection. Development should not commence until finalised detailed surface water drainage designs for the site, based on sustainable drainage principles and an assessment of hydrological and hydro geological context of the development have been approved in writing by the Local Planning Authority.

3.14 West Sussex County Council - Highways (summarised): No objection subject to conditions requiring access arrangement and parking spaces to be provided in accordance with the agreed details.

3.15 Southern Water: No objection subject to the submission of a formal application for connection and on-site mains to be made by the applicant or developer.

3.16 Thames Water (summarised): No objection subject to the submission of drainage strategy to be submitted to and approved by the local planning authority in consultation with the sewerage undertaker. No discharge of foul or surface water from the site shall be accepted into the public system until the drainage works referred to in the strategy have been completed.

3.17 Crawley Borough Council (summarised): No objection subject to the following comments: · Concern would be raised with this development if the capacity of 2,500 dwellings is exceeded. If the resultant housing numbers from this development exceeds 2,500 units planned then the full cumulative impacts of the additional dwellings needs to be assessed taking into account infrastructure improvements. · The loss of the CHP is disappointing. However Crawley Borough Council (CBC) would not raise an objection to its loss provided HDC are satisfied that the evidence provided demonstrates that the delivery of such a proposal is unviable. · In line with Policy WB21, it would be appropriate for the developer to deliver an energy efficient and sustainable build on this site in line with current and where possible in excess of the current standards.

40 ITEM A02 - 7

· Both the Crawley Local Plan and the JAAP (Policy WB11) both require 40% affordable housing. As an additional residential parcel, the developers should be strongly encouraged to deliver the 40% provision. The tenure split of the affordable housing is appropriate. · Design and layout are considered matters for HDC to determine. CBC would comment that the affordable housing is clustered at the back. It would be better to ‘pepper pot’ the dwellings throughout the layout. The garden sizes of the dwellings appear small.

3.18 Environment Agency: No objection subject to the submission of a detailed surface water drainage scheme.

3.19 Crawley Cycle Forum: No objection.

3.20 Horsham District Cycle Forum: No comment.

3.21 Gatwick Airport: No objection subject to the safe use of cranes in close proximity to an aerodrome.

3.22 Network Rail: No objection.

3.23 Natural England: No objection.

3.24 Sussex Police: No objection.

PUBLIC CONSULTATIONS

3.25 Colgate Parish Council: The Parish have commented that the residents of Kilnwood Vale have strongly expressed the following concerns: · It is unclear if the 72 dwellings are in addition to or included in the overall development for 2,500 dwellings. · There is concern that the existing and planned road infrastructure and pavements in Kilnwood Vale is not adequate to absorb the additional loading of the development. · There is only access road and bridge into this development area and there is concern that this is not adequate to take the traffic load. · There is strong concern about children crossing what will become a busy road adjacent to the park. Consideration should be given for traffic calming and a crossing in front of the park.

3.26 9 no. letters of objection (from 8 different addresses) have been received. The grounds of objection are as follows: · The development of this site for housing was not part of the original plan and this site was meant for a renewable energy plant that would benefit the whole community. · The scheme would result in a lack of parking for residents. · The roads are not designed to accommodate additional traffic. Vehicle access is difficult. Adding more residents will put pressure on the roads. · The proposal is far too densely populated. · An objection is raised to the emphasis away from houses to flats. · This is the perfect site for a care home.

4. HOW THE PROPOSED COURSE OF ACTION WILL PROMOTE HUMAN RIGHTS

41 ITEM A02 - 8

5. HOW THE PROPOSAL WILL HELP TO REDUCE CRIME AND DISORDER

5.1 Sussex Police have commented that the design produced will positively help reduce crime for the residents of this development. The scheme has been produced with outward facing dwellings with back to back gardens. This design has created good active frontage to the streets with the public areas being overlooked. There is also good evidence of defensible space being created between public and private space areas such as ground planting to vulnerable ground floor windows, 1.8m fencing to rear gardens and well sited gates. Careful consideration should be given to the lighting through the development. Sussex Police refer the applicant to www.securedbydesign.com for further advice on how to reduce crime through design.

6. PLANNING ASSESSMENTS

6.1 This application is assessed against the relevant policies of the Horsham District Planning Framework (HDPF) and the national planning policies contained in the National Planning Policy Framework (NPPF). The West of Bewbush Joint Area Action Plan 2009 (JAAP) is also relevant to this proposal. The JAAP remains part of the Development Plan and is complimentary to the HDPF and the development plan of Crawley Borough Council.

6.2 The NPPF states that Local Planning Authorities should contribute to building strong, responsive and competitive economies; vibrant and healthy communities that meet the needs of present and future generations; high quality built environments, with accessible local services that reflect the community’s needs and support its health, social and cultural well-being; protect and enhance the natural, built and historic environment and; improve biodiversity, using natural resources prudently, minimise waste and pollution and mitigate and adapt to climate change.

6.3 In accordance with the above objectives, the main issues for the Local Planning Authority to consider in the determination of this application are the acceptability of the principle of the proposed residential development in land use terms, taking into account the loss of the permitted Combined and Heat and Power Plant; the design of the proposal and its impact on the character and visual amenity of the landscape and locality; the impact of the development on the amenity of prospective and neighbouring occupiers; whether safe vehicular and pedestrian access can be provided to the site; the sustainability credentials of the proposal; whether appropriate provision can be made for car and cycle parking, refuse storage/collection, drainage/flooding and; whether the development can be delivered without harming the interests of nature conservation, land contamination and archaeology.

Principle of Development and Loss of Combined Heat and Power Plant:

6.4 Under Policy WB1 of the JAAP, the land West of Bewbush comprising the area north of the A264, as far west as the Holmbush Farm A264 access, and as far north as Kilnwood Lane is allocated to accommodate a new neighbourhood of 2,500 dwellings and associated uses.

6.5 Since the allocation, planning permission has been granted for this site and development has commenced and good progress has been made with the delivery of Phase 1. The next stage for this allocation is the delivery of the next phases which includes the neighbourhood centre, school and further residential. Having regard to the overarching policy for the development of this site under the JAAP, the use of this site for residential purposes is considered acceptable in principle. It should also be noted that under the

42 ITEM A02 - 9

Environmental Impact Assessment for the whole of the Kilnwood Vale site, it was accepted that the whole site could potentially deliver up to 2,650 dwellings.

6.6 The proposal is also in accordance with Policy 15 (criterion 2) of the HDPF in that this scheme is part of a site that is already agreed for release for housing and contributes to the provision of housing for the District. Kilnwood Vale forms a key component of the housing delivery in the 16,000 homes in the HDPF to maintain a 5 year housing land supply. The current proposal for an additional 72 dwellings, within the confines of the Kilnwood Vale site, is an opportunity to gain additional housing provision in an allocated site for housing. In this respect, the current scheme can be considered as a windfall site.

6.6 Under the JAAP, reference is made to the provision of a Combined Heat and Power Plant (CHP) and possibly a waste management or recycling facility that could be provided as part of the neighbourhood development to assist in reducing carbon emissions. The Conceptual Masterplan identifies an area for a CHP to the north section of Phase 2 adjacent to a neighbourhood centre. Under the JAAP, the current site is allocated for woodland and substantial hedgerow.

6.7 Following the JAAP, a hybrid Outline and Planning application was approved under ref: DC/10/1612. In the master plan for the outline application, the current site was allocated as a potential site for an ‘energy centre’ with a CHP in contrast to the allocation in the JAAP. This location was selected to minimise the impact of the facility by the screening provided by the surrounding woodland. No details of the design of the energy centre were approved in the Outline application. The current proposal would result in the loss of an energy centre on this site.

6.8 Policy 36 of the HDPF also states that residential developments in strategic development locations will be expected to connect to district heating networks where they exist in accordance with an energy hierarchy. As a strategic development site, the requirements of the Policy 36 are applicable to this application. The principle of the development of this site is subject to the loss of the CHP and whether this loss has been justified.

6.9 The applicant states that it has always been the case, as set out in the Design and Access Statement for the hybrid application, that the site would be made available for residential development in the event that the area was not needed for a CHP. Since the outline permission, Crest have reviewed the need for a site wide CHP. This involved reviewing the current guidance and practices on sustainability and energy saving measures, to determine whether CHP was necessary and looking at whether the installation and ongoing costs of CHP would be economically viable. The findings of the review are outlined in a CHP Appraisal document produced by J S Lewis submitted with the application. J S Lewis specialise in energy consultancy services.

6.10 The document confirms that an appraisal of a number of CHP technologies has been undertaken for the site as a whole. The statement outlines how appropriate benchmark energy demands for this type of development were used, accounting for recent changes to Part L and the implications for heat demands that it has. Cost data has been taken from central government studies into CHP and other low carbon technologies.

6.11 The viability appraisal considered two different approaches. The first was a whole-life costing approach, considering the investment case for CHP per se and the potential to leverage in third party finance. The second looked at considering the capital cost of the CHP system as a cost to be absorbed by the development.

6.12 For both scenarios, the investment case for CHP was found not economically feasible. They both resulted in a heavily negative net present value due to the high capital cost of the heat distribution network required. When considering the cost of CHP purely as a

43 ITEM A02 - 10

capital cost that the scheme should absorb, it was found that the additional upfront cost was in the region of £19.6m. The alternative costs for complying with the zero carbon timeline if it should come in as currently previewed, are estimated using the Zero Carbon Hub’s figures to equate to £11.9m, with no ongoing liabilities or risks.

6.13 Overall, it is considered that the applicant has demonstrated that the provision of a CHP would not be viable. Furthermore, there is no longer a requirement for development to be zero carbon as this legislation was never adopted. The applicant has stated that the energy centre was included in the proposal, as a precaution, to address the possibility of zero carbon legislation which was being discussed at the time. The target that all new homes would be zero carbon from 2016 goes back to a Government commitment in 2006 and was to enforced in amendments to Building Control legislation. In 2015, the government stated that it did not intend to proceed with the commitment to zero carbon homes. There is therefore no requirement currently for new homes to be zero carbon.

6.14 Building Control have commented that if the dwellings are modelled using the methods as outlined, then this should demonstrate compliance with Part L 2013 of the Building Regulations and the current standards. Additionally, the recent national policy changes have meant that it is unlikely that a CHP system will be necessary to enable future dwellings to comply with the expected energy efficiency requirements of the building regulations. Unless there is a major change in government policy (not expected before 2019) then there are no expected increases in regulation standards in the next few years.

6.15 Overall, it is considered that the proposal has justified the loss of the CHP. This takes into account the changing legislative requirements, viability statement submitted and the fact that the scheme will maintain the required level of sustainability without the provision of a CHP. Additionally, policy WB21 of the JAAP, which relates to the Sustainability and Sustainable Construction, does not make specific reference to the provision of a CHP.

6.16 The loss of the CHP from the site is regrettable. However, it is felt that given the viability arguments put forward by the applicant and taking into account current legislation requirements, it would be unreasonable to refuse the current application on the grounds that the scheme no longer includes a CHP. It is also felt that the applicant has addressed the requirements of Policy 36 (as outlined in the Sustainability Section below) and delivers an appropriate sustainable scheme.

6.17 It also be noted that the delivery of the CHP was not conditioned to be provided either through planning conditions or S106 obligations under the outline application as this was not considered to be a requirement.

Dwelling Type and Tenure

6.17 The application proposes that 36% of the units would be made available on the affordable housing market. This would equate to 26 units. The affordable units would be located in two blocks of flats located adjacent the Ancient Woodland. One block would be in the North West corner of the site and would house 9 flats. The other larger block would house 17 flats. The scheme would secure 8 x 1 bed units and 18 x 2 bed units as affordable. Sixteen homes would be provided for affordable rent and 10 for shared ownership (intermediate housing). This equates to 61.5% rent. The Council’s Housing Manager has commented that the greatest need in Horsham District is for one and two bedroom homes. In accordance with the JAAP, the affordable housing is shared between Horsham District Council and Crawley Borough Council usually with a 50 / 50 split.

6.18 Crawley Borough Council has commented that the scheme should include 40% affordable housing to comply with policy WB11 of the JAAP and the Crawley Local Plan. The Policy Section has commented that the most recent evidence on affordable housing is the SHMA

44 ITEM A02 - 11

update 2014. This evidence indicated that across the district viable development could deliver affordable housing at between 35 and 40%. More recent evidence indicates that at 40% a development would be less viable and therefore less deliverable. The JAAP requires 40% affordable housing whilst the most recent policy in the HDPF requires 35%. The offer for this scheme is for 36% which falls between these two policy requirements. This is considered acceptable as the proposal complies with the more up to date HDPF policy and also contributes to the Council’s five year supply of housing.

6.19 Crawley Borough Council has commented that the tenure split is acceptable. Crawley Council feels that the affordable housing should be spread around the site and include dwellings. It is felt that the provision of 1 and 2 bed units appropriately reflects the size of unit in greatest need and their accommodation within the two blocks proposed would meet the needs of both Horsham and Crawley in accordance with Policy 16 of the HDPF.

6.20 The exact size and tenure split of the units would be controlled by a suitably worded legal agreement. Due to Government announcements in the July 2015 Budget and proposals in the Housing and Planning Bill (October 2015) the final tenure mix of the affordable homes will be agreed in writing by the Council prior to commencement of development.

6.21 Policy 16 of the Horsham District Planning Framework seeks to achieve a mix of housing sizes to meet the District’s housing needs, as identified in the Strategic Housing Market Assessment (SHMA), in order to create balanced and sustainable communities. The SHMA recognises that larger development sites, such as that under consideration, provide the best opportunity to deliver larger homes and a broader mix of house sizes and suggests a proportion of between 30 - 45% of all units on such sites have three or more bedrooms.

6.22 The overall mix of housing across the Kilnwood Vale site has been tailored to ensure the provision of family homes. Additionally, the current proposal provides 39% of the market units as family homes. Therefore, it is considered that the development will help to provide a suitable range of dwelling types that will meet local needs and that the development is compliant with the identified mix of dwellings outlined in the Council’s updated Strategic Housing Market Assessment (2014) and is also in accordance with Policy 16 of the HDPF.

Design and Visual Impact:

6.23 The existing site was formerly part of an inert landfill and is currently a cleared piece of flat land. The landscape value of the site is derived from thick lines of trees and Ancient Woodland which surround the site. With the trees and Ancient Woodland surrounding the site, the proposed development would not be readily visible from vantage points to the north, east and west of the site. As outlined above, this site was allocated for a CHP under the Outline application due to the fact that any development here would be largely shielded from view by the surrounding trees.

6.24 Concern was raised in the Outline application that a potential energy centre may form an inappropriate structure in this position. It is considered that the current proposal for housing would be a much better fit for this site in respects of visual amenity when compared to the potential industrial appearance of an energy centre. The proposal is for two and three-storey dwellings and blocks of flats which would match the scale and design of the adjacent Phase 1 development. The site would have a density of 51dph. This would be comparable to the density outlined for Phase 1 of between 40-50dph.

6.25 The proposal is laid out in a formal block arrangement with three rows of housing across the site and a clear north south orientation to the buildings. This differs from the general arrangement of the rest of the Phase 1 site which has a more informal arrangement to the layout of the streets. However, the block arrangement reflects the rectangular shape of the

45 ITEM A02 - 12

proposed site. Additionally, the proposed site can be seen as separated from the rest of the Phase 1 site by a road and by its positioning at the northern section of the site. With this separation, there is less importance for this scheme to exactly mirror the rest of the Phase 1 development. For this reason, it is considered that the slightly higher density of the scheme can be accepted as it would not be detrimental to the appearance of the area or the scheme as a whole.

6.26 Despite the separation from Phase 1, there are still however clear correlations between the current proposal and the existing housing currently being constructed to the south. The scheme includes two and three-storey housing which matches the height and scale of that currently being built. The main entrance to the application site would be between two blocks of three storey housing with white facing timber boarding and a slate tile roof. These buildings mark the entrance of the development and would match the height and design of the recently constructed blocks of flats directly to the south. Three blocks of three-storey flats with white timber boarding and slate roofs have been constructed around an attenuation pond. The two proposed blocks of flats would match these flats and would form a sympathetic addition in relation to the existing blocks.

6.27 The choice of external facing materials for the proposal has been carefully considered so as to achieve an appropriate level of continuity across the site, whilst at the same time, avoiding monotony in the street scene. The proposed dwellings would be of traditional design with a mix of materials including white timber boarding, red brickwork, render, grey slate roof tile, red clay roof tiles and red hanging tiles. These materials would match those implemented in the existing housing to the south. Careful consideration has also been given to the design and siting of the proposed dwellings in order to achieve active frontages, including on corner plots, providing high levels of natural surveillance of adjacent parking courts and/or open spaces. The scheme also includes an appropriate landscape plan for the development which includes a variety of plants, bushes and trees.

6.28 As with the existing development at Phase 1, the scheme includes a mix of parking located on-street, within garages and within off-street parking areas. Overall, the proposed layout follows the broad design concepts established by the existing consent for the wider site and is considered appropriate. The scale and massing of the development is also considered acceptable, with the resulting buildings not appearing cramped or unduly dominant. Additionally, having regard to design of the scheme and the inclusion of trees and landscaping, the proposal would form sympathetic and appropriate additions in the context of the Kilnwood Vale site. The proposal is therefore in accordance with Policy WD4 of the JAAP and Policy 33 of the HDPF.

Impact on the Amenity of Existing and Prospective Occupiers:

6.29 Given its position at the top end of the Phase 1 site, surrounded by trees, the proposal would have a limited impact on the amenity of any adjacent properties. As stated, three blocks of flats are located directly south of the application site. These flats are separated from the proposed site by a road and have an east to west orientation. Having regard to the positioning of the three blocks of flats with main windows facing east and west, the proposal would not result in a significant impact on the amenity of the future residents of these properties.

6.30 It is also considered that the layout of the proposal is appropriate with adequate distance between housing so that there would not be any significant overlooking between the proposed properties. Additionally, each dwelling is of an appropriate size and would provide adequate light and outlook for future residents. The proposed site would be approximately within 80m distance from the railway line to the north. The railway line is separated from the site by Ancient Woodland. Given the Ancient Woodland and the

46 ITEM A02 - 13

distance between the site and the railway line, the amenity of the residents of the proposal would not be significantly affected by the noise from the railway line.

6.31 The introduction of 72 no. dwellings into what is currently an open field would result in increased levels of disturbance to adjacent residential occupiers associated with, for instance, the comings and goings of vehicles. However, it is not considered that this would result in an unacceptably harmful impact on the living environment of adjacent residents. The nearest adjacent residents will be the future occupiers of the 3 blocks recently constructed to the immediate south of the application site. The current proposal would have no greater impact on these adjacent residents when compared to the proposed combined heat and power plant allocated for this site.

6.32 In terms of amenity space, each of the 23 houses would include a private garden of an appropriate size not dissimilar to others within the wider development. For the remaining flats, the ground floor units would each include its own outside patio area. The first and second floor flats would be served by Juliet balconies. The scheme does not include balconies for the flats which would allow residents private external amenity space. Whilst it is disappointing that no balconies are to be provided, it is recognised that these are not a prevalent feature within the adjacent Phase 1 and it would therefore be difficult to require these. On this basis, the current proposal would be acceptable in this instance.

6.33 Additionally, the 15m buffer zone to the north of the site offers a communal amenity area to be used by all residents to help offset the above. The Council’s Consultant Ecologist has stated that the use of the buffer zone is appropriate subject to the Ancient Woodland being protected by fencing and no hard landscaping should be sited within the buffer area, as this could damage tree roots. An existing outdoor play area is also nearby within the recently constructed Phase 1 site. Taking into account the above and with the buffer zone in place as an amenity area, the proposal is considered appropriate in terms of the provision of outside amenity space for the future residents of the proposal.

6.34 In light of the above, it is considered that the development would not have a harmful impact on the amenity of existing or prospective occupiers in terms of loss of light, outlook or privacy. Measures to protect residents from harmful effects of noise, vibration and dust during the construction period are to be controlled by a suitably worded condition requiring the submission of a Construction Environmental Management Plan to be approved by the Local Planning Authority.

Highway Impact, Access and Parking:

6.35 To address the potential highway and transport impacts of the proposal, the application includes a Transport Assessment and Travel Plan Statement. The site would be served by a total of 136 parking spaces for cars, which includes a mixture of allocated and unallocated spaces. The layout has been designed so that parking does not dominate the street scenes, with three parking areas hidden from view behind buildings accessed via undercrofts. Some of the off-street parking areas include tandem parking spaces. Whilst not ideal, the tandem parking spaces are acceptable as they would be used by one household and are appropriate from a highway safety perspective. This arrangement has also been approved in the Phase 1 site.

6.36 In terms of access, the site has one main access from the south which goes through the centre of the site and then branches out. The site is currently accessed through the Phase 1 development site which now includes roads for access to the houses already built. Phase 1 is accessed via the A264 from a new roundabout junction. Residents and Colgate Parish Council have raised concerns regarding parking and vehicle access to the site. West Sussex County Council Highways Section has commented that the access to the site is acceptable and would not result in a detrimental impact on highway safety. In terms of

47 ITEM A02 - 14

approved housing numbers, the proposed development would fall well within the 2,500 dwellings granted outline permission.

6.37 Additionally, the Transport Assessment submitted for the Outline application takes into account the transport and highway implications of up to 2,650 units for the whole of the Kilnwood Vale site. This would accommodate the additional 72 units proposed in this application in addition to the 2,500 granted under the Outline application. Therefore no highway objections are raised in principle to the application. The applicants have commented that there are plans to bring forward a new spine road into the site. The spine road is indicated on the Outline application and will enter Phase 2 of the Kilnwood site from a new access road from the A264. This access is currently in place and being used for construction traffic. This access would bypass the whole of Phase 1 and would be the main vehicle access for this development site.

6.38 As originally submitted, the Highways Section raised concerns regarding the allocation of parking spaces and the number of cycle parking spaces provided. The 136 parking spaces provided would be in accordance with West Sussex County Council’s standards. However, more parking spaces were required to be allocated to the dwellings. In response, an amended plan has been submitted which indicates the provision of 106 allocated spaces and 30 unallocated spaces. Additionally, cycle parking provision was increased to 148 spaces including 9 visitor spaces. West Sussex County Council has commented that the car parking and cycle provision are now acceptable. The proposal is therefore considered appropriate from a highway safety perspective, accommodates for the demand for travel generated by the scheme and is in accordance with Policies 40 and 41 of the HDPF and Policy WD25 of the JAAP.

Impact on Trees & Ecology:

6.39 As stated, the site is surrounded by trees on three sides. The Pondtail Shaw Ancient Woodland to the north mainly comprises Ash trees and is indicated to be protected from the development by fencing and a 15m landscape buffer along the northern part of the application site. The Council’s Consultant Ecologist has commented that the buffer zone is in accordance with Natural England’s guidance on the protection of Ancient Woodland. The Ecologist has also commented that the ecology surveys undertaken are acceptable. The surveys indicate that the proposal would not have a detrimental impact on any existing habitats for wildlife, particularly in relation to protected species.

6.40 The trees to the sides of the proposed site would also be largely retained. To facilitate the development, the scheme would require the removal of 5 trees along the eastern boundary (all European Ash trees) and two trees on the southern boundary (an Ash tree and an Oak Tree). The trees are a mix of Class B and Class C. It is regrettable that Class B trees are to be removed. However, these trees are not protected by a Tree Preservation Order and the trees are not considered worthy of retention given the large number of trees around the site to be retained which would preserve the visual amenity of the site. The landscape scheme proposed also includes replacement trees which will mitigate the loss of existing trees on site.

6.41 A condition is recommended requiring the submission of a method statement outlining measures to protect the trees to be retained on site during construction works for the approval of the Local Planning Authority. The Local Planning Authority would seek the retention of all remaining trees around the site in order to maintain the visual amenity of this site and the surrounding area. The proposal is therefore in accordance with Policies 24 and 33 of the HDPF.

Flooding and Drainage:

48 ITEM A02 - 15

6.42 The site is located within Flood Zone 1 where there is a low probability of flooding and where residential development is considered acceptable by the NPPF.

6.43 Thames Water, West Sussex County Council and the Council’s Drainage Engineer have raised no objection to this proposal, subject to the use of a condition requiring the submission and approval of details relating to the proposed means of foul and surface water drainage for the site.

Archaeology:

6.44 The Consultant Archaeologist has commented that there is no objection to the proposal subject to a condition requiring a written scheme of archaeological investigation to be undertaken to assess the potential of the site for any archaeological finds. The development shall not be commenced until the archaeological site investigation and post investigation has been completed in accordance with the programme set in the written scheme of investigation.

Sustainability:

6.45 Polices 35, 36 and 37 of the HDPF require development to be designed to demonstrate how proposals will minimise the impacts of and adapt to climate change. Planning proposals are expected to include statements which set out a comprehensive approach to how development has taken measures to mitigate and adapt to the effects of climate change, how the development has considered the energy hierarchy, and, if appropriate, how sustainable design and construction measures have been incorporated into the design and address any potential food risk.

6.46 To address the requirements of the above policies, the scheme includes a Sustainability and Energy Statement. The statement outlines the sustainability credentials of the application which include, but are not limited to, the following: · Passive design measures incorporated into the design. This is achieved through the east – west axis of the development to maximise solar gain. Other passive design measures include solar shading and cross ventilation. · Use of advanced thermal bridging detailing to reduce unwanted heat losses. · Ventilation options that are specific to house types to minimise energy demands. · Low energy lighting and appliances throughout. · Efficient heating controls and low flow taps. · High energy efficiency condensing boilers. · Achieving low fabric U-values.

6.47 As well as the above, the statement indicates that the scheme would comply with the current Building Control Regulations under Part L which require development to focus on energy efficiency through the Target Fabric Energy Efficiency standard. The preferred approach is to try and achieve energy efficiency and carbon standards using efficiency measures where possible. Notwithstanding this, the site also allows for future roof mounted renewable energy, should this be desired by occupants. The roof orientation of the majority of the proposed houses, such that they are facing south, would allow this. The statement also outlines how the internal water use will be limited to 110 litres per person per day. This would be in compliance with Policy 37. In accordance with Policy 35, the proposal includes flood risk measures. The proposal also includes an appropriate Site Waste Management Plan. The primary aims of the plan are to reduce the amount of waste produced by the construction sector and in particular to minimise the waste sent to landfill and to maximise the reuse and recycling of waste.

49 ITEM A02 - 16

6.48 Policy 36 of the HDPF states that, for strategic development sites, development should demonstrate that heating and cooling systems have been selected in accordance with the following hierarchy:

1. Connection to existing Combined Heat & Power (CHP) distribution networks 2. Site wide renewable CHP 3. Site wide gas fired CHP 4. Site wide renewable community heating / cooling 5. Site wide gas fired community heating / cooling 6. Individual building renewable heating 7. Individual building heating, with the exception of electric heating

6.49 With respect to the hierarchy, the applicant has stated that CHP district heating scheme for the Kilnwood Vale site is not viable in terms of 2-5. As the current development proposal for 72 dwellings would form part of this site the same conclusion applies. With respect to the first criterion, there is no existing CHP distributions network to connect with. The proposal would be able to meet the requirements of nos. 6 and 7 on the list in that the individual dwellings would be able achieve renewable heating and individual heating requirements in accordance with National and Local policies.

6.50 Overall, it is felt that the proposal has addressed the requirements of Policies 35, 36 and 37 of HDPF, Policy WB21 of the JAAP and is considered acceptable in terms of sustainability.

Legal Agreement

6.51 Policy 39 of the HDPF requires new development to meet its infrastructure needs. For this scale of development, contributions would normally be required to mitigate the impact of the development. However, this site lies within the wider Kilnwood Vale strategic site for which contributions have already been secured for the whole of the development under the Outline approval (ref: DC/10/1612). The Outline application takes into account up to 2,500 dwellings. As this proposal is within the site covered by the Outline approval, the impact of the now proposed 72 dwellings would be addressed and mitigated through the S106 agreement secured as part of the Outline approval, unless the overall numbers of dwellings constructed across the site were to exceed 2,500. Therefore, no additional contributions are required for this application at this stage.

6.52 However, at this stage, only Phase 1 of the Kilnwood site is being developed for 291 dwellings and it is not yet known how many of the 2,500 dwellings for which outline approval exists will be constructed. The applicant will need to submit reserved matters applications for the remaining Phases and until all reserved matters applications are submitted, the final number of dwelling units for the whole of the site is unknown. The requirements and contributions secured through the original S106 agreement provide the appropriate level of mitigation in respect of 2,500 dwellings and only if this total number is exceeded would additional contributions be necessary to make the development acceptable in planning terms.

6.53 Consequently, a S106 agreement is required to address this eventuality. The S106 agreement will include a provision for a review to be carried out regarding the need for additional contributions to mitigate any additional impacts of the proposal in the event that the development of the whole of the Kilnwood Vale site exceeds 2,500 dwellings, as permitted under the original outline application. This clause would allow additional contributions to be sought at a later date if the development of the whole of the Kilnwood Vale site exceeds 2,500 dwellings. The S106 legal agreement will also ensure that the required 35% of dwellings as affordable housing is secured, in accordance with Policy 16 of the HDPF.

50 ITEM A02 - 17

Other Considerations:

6.54 The High Weald Area of Outstanding Natural Beauty is located south of the A264. Given the location of the application site at the northern section of the Phase 1 development, the proposal is positioned a significant distance from the AONB and would not affect its setting.

6.55 The application includes an Environmental Statement which assesses whether an Environmental Impact Assessment (EIA) is required for this proposal. The assessment has been screened and considered acceptable. The proposed development will not result in the total number or type of dwellings on the site exceeding that assessed under the EIA submitted for the Outline approval which covered the whole of the site. Additionally, the loss of the energy centre may result in some on site improvements to landscape, or aspects such as noise or air quality. Consequently, an Environmental Impact Assessment is not required for this application.

6.56 In terms of land contamination, full remediation details were submitted and accepted for this site under the Outline application. On this basis, the Council’s Environmental Health team does not require any additional details for this scheme.

6.57 The proposal includes details of refuse stores and collection points. The Council’s Collection Supervisor has commented that the details are acceptable subject to some minor amendments to allow the efficient collection of refuse from the site. This includes the installation of low gradient slopes to allow the transfer of wheelie bins. A condition is therefore recommended requiring the submission of a revised refuse collection plan for the approval of the Council.

Conclusion:

6.58 The loss of the CHP plant has been appropriately justified and the principle of residential use on the established development site is considered appropriate. Additional residential use on this site would contribute towards the Council’s 5 year housing supply. The proposed development, by reason of its appropriate design, layout, appearance, scale and soft landscaping proposals will not harm the character or appearance of the area or the residential amenity of existing or prospective occupiers. It will provide a mix of dwelling types, including 36% affordable housing units, thereby contributing to the mix of units available in the local area. The layout, access and vehicle parking arrangements, together with the provision for refuse storage and cycle parking are acceptable. The development will not harm the interests of highway or pedestrian safety. The development will not increase the risk of flooding to people or property and will not have an adverse impact on the interests of nature conservation, archaeology or land contamination. The development includes measures to promote energy conservation.

7. RECOMMENDATIONS

7.1 The planning permission be delegated for approval to the Development Manager subject to appropriate conditions and the necessary Legal Agreement.

Regulatory Conditions:

1. Approved Plan Numbers

2. The development hereby permitted must be begun within a period of three years beginning with the date on which this permission is granted.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990.

51 ITEM A02 - 18

3. The materials to be used in the development hereby permitted shall strictly accord with those indicated on the approved details associated with the application.

Reason: To enable the Local Planning Authority to control the development in detail in the interests of amenity and in accordance with Policy 33 of the Horsham District Planning Framework (2015).

4. The landscaping scheme detailed on drawing no. 2391/PH1D/5001P6 shall be carried out in the first planting and seeding season following the first occupation of the buildings or the completion of the development, whichever is the sooner. Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become, in the opinion of the Local Planning Authority, seriously damaged or diseased, shall be replaced with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason: To enhance the appearance of the development in the interest of the visual amenities of the area and in accordance with Policy 33 of the Horsham District Planning Framework (2015).

5. No trees, hedges or shrubs on the site, other than those the Local Planning Authority has agreed to be felled as part of this permission, shall be wilfully damaged or uprooted, felled/removed, topped or lopped without the previous written consent of the Local Planning Authority until 5 years after completion of the development hereby permitted. Any trees, hedges or shrubs on the site, whether within the tree protective areas or not, which die or become damaged during the construction process shall be replaced with trees, hedging plants or shrubs of a type, size and in positions agreed by the Local Planning Authority.

Reason: To ensure the retention and maintenance of trees and vegetation on the site unsuitable for permanent protection by Tree Preservation Order for a limited period and in accordance with Policy 33 of the Horsham District Planning Framework (2015).

5 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting that Order with or without modification), no gate, fence, wall or other means of enclosure shall be permitted to be erected forward of the front and side elevations of any of the dwellings hereby approved.

Reason: To preserve the visual amenity of the locality and to comply with Policy 33 of the Horsham District Planning Framework (2015).

6. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order amending or revoking and re-enacting that Order with or without modification) no development falling within Classes A, B, C, D, E, F, G and H of Part 1 of Schedule 2, of the order shall be erected constructed or placed within the curtilage of the dwellings hereby permitted so as to enlarge, improve or otherwise alter the appearance or setting of the dwellings unless permission is granted by the Local Planning Authority pursuant to an application for the purpose.

Reason: In the interest of visual amenity and in accordance with Policy 33 of the Horsham District Planning Framework 2015.

Pre-commencement Conditions:

52 ITEM A02 - 19

7. i) No development shall take place until a programme of archaeological work has been secured in accordance with a Written Scheme of Archaeological Investigation which has been submitted to and approved in writing by the Local Planning Authority. ii) The development hereby permitted shall not be brought into use until the archaeological site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition (i) and that provision for analysis, publication and dissemination of results and archive deposition has been secured. Reason: This pre-commencement condition is imposed because it is necessary to ensure that the archaeological and historical interest of the site is safeguarded and recorded to comply with Policy 34 of the Horsham District Planning Framework.

8. No development shall take place until full details of a surface water drainage scheme, including off-site drainage, based on sustainable drainage principles, and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved, in writing, by the Local Planning Authority. The surface water drainage scheme shall be carried out, managed and retained in accordance with the approved details.

Reason: As this matter is fundamental to ensure the prevention of increased risk of flooding, to protect water quality and to ensure the future maintenance of the surface water drainage system and to comply with the NPPF and Policy 38 of the Horsham District Planning Framework (2015).

9. No development shall take place until a detailed Construction Environmental Management Plan (CEMP) for the development has been submitted to and agreed, in writing, by the Local Planning Authority. The development shall be carried out in fully accordance with the CEMP.

Reason: As this matter is fundamental to the delivery of the permission, to ensure the environment is protected and that the demolition and construction works on site do not impact surrounding properties and to comply with Policy 24 of the Horsham District Planning Framework (2015).

10. No development shall commence on site in connection with the development hereby approved (including any tree felling, tree pruning, soil moving, temporary access construction and or widening, or any operations involving the use of motorised vehicles or construction machinery) until a detailed Arboricultural Method Statement regarding tree protection measures has been submitted to and approved, in writing, by the Local Planning Authority. No development or other operations shall take place except in complete accordance with the approved Method Statement.

Reason: As this matter is fundamental to protecting the trees which are to be retained on the site during construction works in the interest of the visual amenities of the area and in accordance with Policy 33 of the Horsham District Planning Framework (2015).

11. No development shall commence until the 15m buffer zone along the northern edge has been marked out with fencing to protect the Pondtail Shaw Ancient Woodland, as indicated on drawing no. 15023/P102L. The buffer zone shall be kept in place thereafter and no works, construction or the storing of materials shall take place within this buffer zone at any time.

Reason: As this matter is fundamental to the protection of the Ancient Woodland in the interest of the visual amenities of the area and in accordance with Policies 25 & 33 of the Horsham District Planning Framework (2015).

53 ITEM A02 - 20

12. No development shall commence until full details of existing and proposed ground levels (referenced as Ordnance Datum) within the site and on land and buildings adjoining the site, by means of spot heights and cross-sections, proposed siting and finished floor levels of all buildings and structures, have been submitted to and approved, in writing, by the Local Planning Authority. The development shall then be implemented in accordance with the approved level details.

Reason: As this matter is fundamental to the acceptable delivery of the permission to safeguard the amenities of nearby properties and to safeguard the character and appearance of the area and in accordance with Policy 33 of the Horsham District Planning Framework (2015).

13. No development shall take place until full details of underground services, including locations, dimensions and depths of all service facilities and required ground excavations, have been submitted to and approved by the Local Planning Authority in writing. The submitted details shall show accordance with the approved landscaping scheme.

Reason: As this matter is fundamental to the acceptable to the delivery of this permission, to ensure the underground services do not conflict with satisfactory development in the interests of amenity in accordance with Policy 33 of the Horsham District Planning Framework (2015).

14. No development above ground floor slab level of any part of the development hereby permitted shall take place until details of the all hardsurfaces and external lighting have been submitted to and approved in writing by the Local Planning Authority. The scheme shall be fully implemented in accordance with the agreed details.

Reason: To enhance the appearance of the development in the interest of the visual amenities of the area and in accordance with Policy 33 of the Horsham District Planning Framework (2015).

Pre-occupation Conditions:

15. Prior to first occupation of the development hereby permitted, a scheme for landscaping the 15m Ancient Woodland buffer zone as an outside amenity area, including a long term Management and Maintenance Plan, shall have been submitted to and approved in writing by the Local Planning Authority. All planting, seeding or turfing comprised in the approved scheme of landscaping shall be carried out in the first planting and seeding seasons following the first occupation of the development or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

Reason: To enhance the appearance of the development in the interest of the visual amenities of the area and in accordance with Policy 33 of the Horsham District Planning Framework (2015).

16. Prior to first occupation of the development hereby permitted, details of the appearance and layout of all external secure cycle parking facilities for the occupants of, and visitors to, the development shall have been submitted to and approved, in writing, by the Local Planning Authority. All approved cycle storage facilities shall be fully implemented and made available for use prior to the first occupation of the development and shall thereafter be retained for use at all times.

54 ITEM A02 - 21

Reason: To ensure that satisfactory facilities for the parking of cycles are provided and to encourage travel by means other than private motor vehicles and to comply with Policy 40 of the Horsham District Planning Framework (2015).

17. Prior to the first occupation of the development hereby permitted, the car parking spaces, access road and pavements serving the site shall be constructed in accordance with approved details.

Reason: To ensure safe and adequate means of access to the site in accordance with Policy 40 of the Horsham District Planning Framework (2015).

18. Prior to the first occupation of the development hereby permitted, revised details of refuse storage and collection facilities, including a plan indicating refuse collection points and low gradient kerbs, shall be submitted to and approved, in writing, by the Local Planning Authority. All approved refuse storage facilities shall be fully implemented and made available for use prior to the first occupation of the development and shall thereafter be retained for use at all times.

Reason: To ensure the provision of satisfactory facilities for the storage of refuse and recycling in accordance with Policy 33 of the Horsham District Planning Framework (2015).

19. The dwellings hereby permitted shall meet the optional requirement of building regulation G2 to limit the water usage of each dwelling to 110 litres per person per day. Prior to commencement of construction confirmation shall be submitted, in writing, to the Local Planning Authority that the relevant Building Control body shall be requiring the optional standard for water usage across the development. The subsequently approved water limiting measures shall thereafter be retained.

Reason: In order to address the impacts of the location of the development within an area of serious water stress in accordance with Policy 37 of the Horsham District Planning Framework.

Notes to Applicant:

1. Sussex Police have commented that further crime prevention measures could be incorporated into the development as outlined by Secured by Design (www.securedbydesign.com).

2. The applicant is advised that under Part 1 of the Wildlife and Countryside Act 1981 disturbance to nesting birds, their nests and eggs is a criminal offence. The nesting season is normally taken as being from 1st March – 30th September. The developer should take appropriate steps to ensure nesting birds, their nests and eggs are not disturbed and are protected until such time as they have left the nest.

3. Gatwick Airport draws the applicant’s attention to the requirement within the British Standard Code of Practice for the safe use of cranes, for crane operators to consult the aerodrome before erecting a crane in close proximity to an aerodrome. Gatwick Airport requires a minimum of four weeks notice. For crane queries/applications please email [email protected] The crane process is explained further in Advice Note 4, ‘Cranes and Other Construction Issues’ (available at http://www.aoa.org.uk/operations-safety/ )

4. Please note that the details regarding surface water drainage required by condition 7 shall include consultation with Thames Water. Thames Water has commented that a Groundwater Risk Management Permit from Thames Water will be required for discharging groundwater into a public sewer. Any discharge made without a permit is deemed illegal

55 ITEM A02 - 22

and may result in prosecution under the provisions of the Water Industry Act 1991. Thames Water would expect the developer to demonstrate what measures he will undertake to minimise groundwater discharges into the public sewer. Permit enquiries should be directed to Thames Water's Risk Management Team by telephoning 02035779483 or by emailing [email protected]. Application forms should be completed on line via www.thameswater.co.uk/wastewaterquality.

5. Please note that Southern Water require a formal application for connection to the water supply in order to service this development. Please contact Southern Water, Sparrowgrove House, Sparrowgrove, Otterbourne, Hampshire, S)21 2SQ (tel: 0330 303 0119) or www.southernwater.co.uk.

6. Should any unexpected contamination be found during construction works, all works should immediately stop and advice sought from the Local Planning Authority regarding the potential for further remediation for land contaminants.

Background Papers: DC/10/1612

56 DC/15/2561

Kilnwood Vale (Phase 1D)

For Business use only - not for distribution to the general public

Scale: 1:11,481

Date 02/03/2016 MSA Number 100023865