CRAWLEY BOROUGH COUNCIL DEVELOPMENT CONTROL COMMITTEE - 6 December 2010 REPORT NO: PES. 15

ITEM REF NO LOCATION RECOMMEND

ITEM REF NO LOCATION RECOMMEND 001 CR/2010/0248/OUT NORTH EAST AREA PROFESSIONAL PERMIT CENTRE FURNACE DRIVE, FURNACE GREEN, CRAWLEY 002 CR/2010/0312/FUL 5 PETERHOUSE PARADE (ABOVE PERMIT TESCO UNIT), POUND HILL, CRAWLEY 003 CR/2010/0463/COU 9, GRAND PARADE HIGH STREET, PERMIT WEST GREEN, CRAWLEY 004 CR/2010/0558/COU UNITS 2, 3 AND 4, LOWFIELD HEATH PERMIT INDUSTRIAL ESTATE OLD BRIGHTON ROAD, LANGLEY GREEN, CRAWLEY 005 CR/2010/0592/FUL 22 TILGATE FOREST RECREATION PERMIT CENTRE, TILGATE DRIVE, TILGATE, CRAWLEY 006 CR/2010/0593/NCC BEWBUSH COMMUNITY CENTRE, PERMIT DORSTEN SQUARE, BEWBUSH, CRAWLEY 007 CR/2010/0599/P24 VODAFONE TELECOMMUNICATIONS APPROVE MAST, CAR PARK, STATION WAY, NORTHGATE, CRAWLEY

CRAWLEY BOROUGH COUNCIL DEVELOPMENT CONTROL COMMITTEE - 6 December 2010 REPORT NO: RS. 15 ITEM NO: 001

REFERENCE NO: CR/2010/0248/OUT

LOCATION: NORTH EAST AREA PROFESSIONAL CENTRE FURNACE DRIVE, FURNACE GREEN, CRAWLEY PROPOSAL: OUTLINE APPLICATION FOR THE REDEVELOPMENT OF THE SITE WITH UP TO 76 DWELLINGS TOGETHER WITH AMENITY SPACE, STRATEGIC LANDSCAPING, VEHICULAR ACCESS AND NEW PEDESTRIAN/CYCLE ROUTES AND WITH APPEARANCE, LANDSCAPING, LAYOUT AND SCALE AS RESERVED MATTERS

TARGET DECISION DATE: 17 August 2010

APPLICANT/AGENT

APPLICANTS NAME: West Sussex County Council AGENTS NAME: PPC Planning & Property Consultants Ltd ______

PLANS & DRAWINGS CONSIDERED:

11843/S1 Topographical Survey, 21.2008.01 Location Plan, 21.2008.02 Existing Site Plan, 21.2008.10 Indicative Layout, 21.2008.11 Indicative Street Scenes A & B, 21.2008.12 Indicative Street Scenes C & D, CBA 7193.02 Tree Constraints Plan

CONSULTATIONS

Type Comments

1. Environment Agency Original objection on Flood Risk grounds withdrawn after consideration of further information 2. Thames Water No objection. Comments made regarding protection of sewers which cross the site 3. WSCC No highways objection. 4. National Air Traffic Services (NATS) No objection 5. BAA - Airport Planning no objection 6. Natural England No reply

Consultation expiry date: 10 June 2010

Re-consultation expiry date:

NEIGHBOUR LETTERS SENT:-

The Occupier 36 – 38, 41, 42, 43, 44, 46, 47 & 53 Brantridge Road, 1 - 5 Chelwood Close, 5, 7, 8, 9, 10, 11, 12, 14, 15, 17, 20 Cranborne Walk, 11, 12 & 17 Epping Walk, 16, 21 – 31 Odds, 32 – 41,43, 44, 50 – 60, Evens, 64, 72 – 78 Evens Furnace Drive, 34 Loppets Road, 5 Silverdale Road, Oakhill EducationTrust

REASON FOR REPORTING TO COMMITTEE:-

This is a major development

REPLIES RECEIVED:-

63 replies received:

• Concern over use of a single cul-de-sac • Traffic generation and congestion issues • Lack of parking • Flooding issues • Flats would be out of character • Privacy and disturbance issues • Adverse effect on woodland and wildlife • Loss of open space

A petition signed by 128 people opposing the development has also been received.

THE APPLICATION SITE:-

1.1 The application site comprises 2.29 hectares (5.66 acres) of land and buildings formerly operating as the North Eastern Area Professional Centre in Furnace Drive, Furnace Green. The centre provides facilities for training courses run by the Learning Service of WSCC. The buildings on the site comprise approximately 2,500 sqm of floorspace in single storey structures. The site was formerly the Robert May First School.

1.2 The application site is essentially flat and contains approximately 7,500 sq m of building footprint and areas of hard surfacing for car parking and formerly children’s play. The majority of the site is open grassland although there is a significant area of trees and shrubs in the south east corner of the site, a line of trees and shrubs along part of the Furnace Drive frontage and a line of mature oaks towards the western boundary of the site.

1.3 The site lies to the south of Furnace Drive, a distributor road which links the residential areas of Furnace Green with the neighbourhood centre and the town centre. Furnace Drive has a width of 7.5 metres with footways on both sides and is subject to a 30mph speed limit.

1.4 The site currently has a single vehicular access to Furnace Drive. This access has a width of 6 metres and serves a car park with 75 car parking spaces.

1.5 To the south of the site lies an area of public open space used as playing fields and an area of woodland. Further to the south lies the Oaks School and its playing fields.

1.6 To the west of the site is Chelwood Close a small cul-de-sac of 17 two storey houses, a former pavilion now used as a children’s nursery and a children’s play area.

1.7 To the north of the site along the northern frontage of Furnace Drive is a row of semi detached two storey houses.

1.8 To the east of the site is public footpath which runs between Furnace Drive and Ashdown Drive. The footpath runs through a northern continuation of the woodland referred to in paragraph 1.5. Further to the east are a series of terraced streets at right angles to the footpath. These houses are in a “Radburn” type layout whereby the fronts of the houses are served by footpaths with vehicular access confined to the rear in the form of garage courts.

THE PROPOSED DEVELOPMENT:-

2.1 The application seeks outline planning permission for: “Demolition of existing buildings and re- development with 76 Residential Units comprising: 42 x 2 & 3 bedroom houses, and 34 x 1 & 2 bedroom flats.” The application seeks only to determine the number of units and the means of vehicular access at this stage with appearance, landscaping, layout and scale reserved for future consideration.

2.2 The application is supported by a Design and Access Statement, a Flood Risk and Drainage Assessment, a Transport Assessment, a Residential Travel Plan, a Phase 1 Habitat Survey, a Bat Scoping Survey a Bat Emergence Survey, a Tree Survey and a Contaminated Land Risk Assessment.

2.3 The application proposes the construction of a single cul-de-sac to serve the development based upon the current point of access.

PLANNING HISTORY:-

3.1 CR/2009/0102/OUT: Outline application for Demolition of existing buildings and redevelopment with 80 residential units comprising 12 x 3 bedroom houses, 36 x 2 bedroom houses, 22 x 2bedroom flats and 10 x 1bedroom flats.

3.2 Planning Permission was refused on the 20 th October 2009 for three reasons:

1. There is no evidence to demonstrate that the flood risk Sequential Test has been applied. Paragraph 5 of PPS25 requires decision makers to steer new development to areas at the lowest probability of flooding by applying a “Sequential Test”. In this instance no evidence has been provided to indicate that this test has been carried out. This is contrary to the advice in PPS25 and Policy GD23 and GD25 of the Crawley Borough Local Plan 2000.

2. The Local Planning Authority is not satisfied on the basis of the information supplied, that adequate provision has been made for the disposal of surface water from the site, such that any increased risk of flooding to adjacent properties is mitigated. The proposal therefore conflicts with Policy GD23 and GD25 of the Crawley Borough Local Plan 2000. and the provisions of PPS25 “Development and Flood Risk”

3. The Local Planning Authority is not satisfied on the basis of the information supplied that the risk of main river flooding now and in the future from Tilgate Brook which is culverted along Furnace Drive and Sylvan Road has been adequately assessed in the submitted Flood Risk Assessment contrary to Policy GD23 and GD25 of the Crawley Borough Local Plan and the provisions of PPS25 “Development and Flood Risk”

PLANNING POLICY:-

4.1 Section 38 (6) of the Planning and Compulsory Purchase Act 2004 states that applications for planning permission must be determined in accordance with the relevant provisions of the Development Plan unless material considerations indicate otherwise. In the Crawley context, the Development Plan comprises: • The Crawley Borough local Development Framework: Core Strategy (CS) (October 2008 Revision) • Saved Policies of the Crawley Borough Local Plan 2000 • The RSS May 2009

The CS:

4.2 The Core Strategy sets out the following key objectives and principles with regard to housing:

• To deliver sufficient housing to make up the current backlog to meet the requirements of the Structure Plan to 2011/12 pending an early and fundamental review of the LDF to provide certainty of delivery against the requirements of the South East Plan over the longer term to 2026; • To ensure housing occurs in the most sustainable locations with PDL as the focus for development; • To ensure the efficient use of land through higher densities, providing a living environment which is sustainable in the long term and respects its natural and built surroundings; • To ensure that strategic or major infill developments are delivered in accordance with the neighbourhood principle; • To secure a good mix of housing types and sizes; • To create an appropriate proportion and range of affordable housing.

4.3 Policy H1 of the CS sets out how the housing needs of the Borough will be achieved whilst restating the need for an early review.

4.4 Policy H3 aims to steer development to sites which:

• Are in sustainable locations; • Maximise the use of PDL; • Are part of or an extension to an existing neighbourhood or within the town centre or Three Bridges Station Corridor; • Can be served by existing or new infrastructure; • Have good access to public transport services and footpaths/cycle paths; • Have good access to community services; • Are not subject to major physical or environmental constraints.

4.5 Policy H4 seeks to secure densities of development which maximise the efficient use of land and are compatible with maintaining the character of different parts of the town. Higher densities are stated to be acceptable in the more sustainable locations.

4.6 Policy H5 sets a target of 40% affordable housing for sites of 15+ dwellings.

4.7 Policy H6 seeks to secure a mix of dwelling types and sizes taking into account the size of the site and its character and that of the surrounding area and the need for a significant proportion of 1 & 2 bedroom dwellings, particularly in the most sustainable locations.

4.8 Policy EN 5 requires that new development be based on a thorough understanding of the context, significance and distinctiveness of its site and surroundings and to be of a high quality.

4.9 Policy T3 states that the level of parking provision for a new development will normally take into account the Council’s maximum parking standards and the need to maximise the potential for public transport.

4.10 Policy ICS2 sets out the infrastructure requirements for new development both on and off site. This is reinforced in the SPD “Planning Obligations and S106 Agreements”.

4.11 Policy ICS5 states that where educational land becomes surplus to requirements the Council will seek to ensure that an appropriate amount of open space is retained, the need for community uses is assessed and where appropriate the development contributes to meeting those needs and that land not provided for open space or community use is made available for housing.

Saved Policies of the Local Plan 2000

4.12 Whilst the Local Plan 2000 has been superseded by the CS, a number of its Policies have been “saved”. The relevant policies are: • Policy GD1 – The Normal Requirements of New Development; • Policy GD2 – Development and its Setting; • Policy GD3 - Operational Requirements for a Site • Policy GD4 – Comprehensive Development of Sites • Policies GD5 & 6 – Landscaping and Development

4.13 Whilst the above “saved “policies are of general relevance, the following “saved” policies are specifically of relevance to this case: Policy COM11 states that: Proposals for the whole or partial redevelopment of schools or their playing fields within the built up area, will not normally be permitted unless:
the facility is surplus to requirements;
adequate education provision is made elsewhere;
adequate green space is retained;
it is not possible to share the facility with another community or recreational use;
there is no detrimental impact upon the area;
the development will allow for public access to and use of any area retained for recreation use.

4.14 Policies GD23 and GD25 relate to the issues of flood risk and surface water drainage. These policies seek to avoid areas of flood risk and the potential for increased flooding.

The Regional Spatial Strategy:

4.15 On the 6 th July 2010 the Secretary of State announced that the Regional Strategies, including that for the South East had been revoked. However, this decision was challenged in the High Court and a Judgement dated 10 th November found in favour of the Claimants that the Secretary of State had acted unlawfully. The Chief Planner at the DCLG confirmed on the 10 th November that the effect of the judgement was to re-establish Regional Strategies as part of the development plan. Notwithstanding this decision the Chief Planner states that local planning authorities should consider the Secretary of State’s letter of the 27th May 2010 announcing the intent to revoke the Regional Strategies as a material consideration in planning decisions.

4.16 Policy SP3 of the Strategy states that the prime focus for development in the SE should be the urban areas in order to foster accessibility to employment, housing, retail and other services and to avoid unnecessary travel.

4.17 The RSS contains policies relating to the provision of affordable housing (H3), achieving a mix of housing types (H4) and housing design and density (H5). Crawley’s housing requirement to 2026 would be increased from 300 to 375/annum resulting in a total of 7,500

Other Material Considerations:

4.18 Also of relevance are the “saved” SPG documents: • SPG3 Standards for New Development • SPG4 Standards for Private Outdoor space • SPG6 Trees • SPG17 Higher Density Housing - Achieving High Quality Design

4.19 PPS1”Delivering Sustainable development”, PPS 3 “Housing” and PPG13 “Transport” all stress the importance of securing development on Previously developed Land (PDL) and delivering strong, vibrant and inclusive communities based upon sustainable development principles and good design appropriate to its context, including the need to reduce the need for travel and higher residential densities.

4.20 PPS3 “Housing” has recently been amended to remove the national minimum density requirement and to redefine the concept of Previously Developed Land to exclude private residential gardens. Para 41 of the amended advice states that “When identifying previously developed land for housing development Local Planning Authorities and Regional Planning Bodies will, in particular need to consider sustainability issues as some sites will not necessarily be suitable for housing. There is no presumption that land that is previously developed is necessarily suitable for housing development nor that the whole of the curtilage should be developed”

4.21 Planning Policy Guidance 25 “Development and Flood Risk “which was amended in March 2010 is also a material consideration, given the site is part of an area at risk of flooding. However, the most recent maps published by the Environment Agency appear to show reduced flood risk in this area as defined by flood zone three which is the zone of most serious potential flooding. Flood Zone 3 only affects a very small area in the north east corner of the site. Approximately half of the site falls within Flood Zone 2. There is a large surface water culvert under Sylvan Road which leads from Tilgate Lake to Three Bridges. There are also foul and surface water sewers which cut across the front of the site and for which an easement exists.

PLANNING CONSIDERATIONS:-

5.1 The application site is PDL within the built up area and is in a highly accessible and sustainable location at the heart of an existing residential area with easy access to local bus services, the town centre, schools, open space and other neighbourhood facilities. PPS3 requires, as well as a site’s sustainability credentials, consideration to be given to the extent to which the whole curtilage should be developed. In this case the application identifies a number of site constraints based largely on the need to protect trees and groups of trees, which results in less than total site coverage. The proposal is therefore considered to accord with the provisions of the new PPS3 with respect to the residential use of PDL.

5.2 The site was formerly the Robert May School but this school was closed following a review of education provision in Crawley. The site is currently occupied by the North East Area Professional Centre and used for training teachers and other professional staff. The County Council has decided to centralise training facilities at one location in the County, (Horsham) and consequently the site has been declared surplus to requirements by the Education Authority.

5.3 In such circumstances the principle of residential development is supported by Core Strategy policy ICS5 and “saved” Local Plan Policy COM 11 subject to consideration of a number of criteria. Of these, it is accepted that the education use of the site is no longer required and no alternative community uses have been identified. Accordingly it is considered that the following are the main issues to be considered:

1. The form and scale of development; 2. The provision of open space. 3. Arboricultural and ecological issues; 4. Traffic and Parking issues 5. Flooding issues. 6. S 106 Agreement matters

5.4 The form and scale of development:

Whilst the layout, design and scale of the development is not for determination at this stage, the applicants have submitted supporting illustrative material to indicate how the site could accommodate 76 dwellings of the range and type indicated.

The proposed development of 76 dwellings would constitute a gross density of 33units/hectare and a net density of 50 units/hectare when the open space other than gardens and incidental open space is removed from the equation. Both measures of density would be in keeping with that of the surrounding area which has a net density of between 26 (Furnace Drive) 38 Cranbrook Walk & 47 dwellings hectare (Chelwood Close).

In view of the need to protect a sewer easement across the front of the site any development will be set well back from Furnace Drive which together with the retention of the frontage landscaping will produce a spacious appearance and mitigate any loss of outlook for those residents facing the site.

The submitted documents illustrate how the mix of development could be achieved largely in two storey development but with an element of three storey development. The mix and type of development would be in character with the surrounding area. Representations have been received regarding the proposed flats on the basis that they would be out of character in the area and their likely three storey form. However, it is considered that such an argument could not be sustained having regard to the encouragement given in national and local policies to a mix of development types and particularly the provision of smaller units of accommodation. Three storey development cannot be said to be out of character in most modern residential areas. There are in addition, three storey properties in Arden Road, Aintree Road and Epsom Road all within close proximity of the application site.

5.5 The Provision of Open Space:

The illustrative layout indicates several areas of amenity open space on the site which are designed to protect: • the sewer easement across the front of the site; • a group of mature oaks adjacent to the western boundary and; • a small copse and line of trees along the eastern boundary of the site

The plans also show an area of 0.12 acres for amenity open space of a more formal nature on the eastern side of the site and in the south eastern corner of the site next to the copse referred to above.

This level of provision accords with the guidance in the Planning Obligations and S106 Agreements SPD. And therefore meets the requirements of Policies ICS5 and COM 11.

5.6 Arboricultural and Ecological Issues

The application is supported by a Tree survey as recommended by BS 5837:2005 and Ecological Report (Desk Study and Phase 1 Habitat Survey), a bat scoping survey and a bat survey

Whilst the indicative layout is not part of the application it shows that the development can be accommodated on site whilst retaining and protecting the best specimens and groups of specimen trees. The latter are around the northern and eastern boundaries of the site, in the south eastern corner and adjacent to the western boundary. The trees at risk are those adjacent to the proposed access (two apple trees and a plum). The accuracy of the survey has been assessed by the Council’s Arboriculturalist who accepts the findings.

The ecological survey proposes the following mitigation measures:

• The protection of trees and hedges in accordance with BS5837:2005. • Site clearance to take place outside the bird breeding season • The creation of wild corners or shrubberies planted with native species • Provision of nesting boxes to be considered • Provision of bat boxes • Provision of green and brown roofs

The scoping study identified that the buildings on site had the potential to contain bat roosts and further survey work involving two sets of emergence and return to roost surveys was undertaken which revealed no evidence of occupation or roosting by bats on site although foraging bats were observed along the boundaries of the wooded area on the eastern edge of the site. The Desk Study and Phase 1 Habitat Survey identified a number of habitats on the site of varying importance for biodiversity with the woodland and hedges being of greatest potential importance. The retention of these features is part if the proposed development and the study recommended various mitigation measure to protect and enhance these habitats.

5.7 Traffic and Parking Issues:

The Transport Assessment submitted with the application considered the impact of the proposed development on the local network and in particular the junction of Furnace Drive with Hawth Avenue to the west and the junction of Furnace Drive with Weald Drive to the east. The survey also included the existing access to the site to determine the current level of traffic associated with the Centre’s operation and the level of through traffic along Furnace Drive.

The application was also supported by a Travel Plan, the objective of which is to ensure that the development proposals have an overall nil detriment effect on the local road network. i.e. the Plan should reduce traffic generated by the site by to below 279 from the predicted 329 movements in a 12 hour period within 5 years of the development being occupied. The specific measures envisaged include travel packs being provided for residents indicating the location of services and facilities, public transport details, safe routes for cycling and walking for example, the installation of a Home Portal in each property so that residents can obtain up to date public transport and environmental information and vouchers for bus travel.

The Transport Assessment considered two scenarios: 1. A worst case of 0% reduction in Traffic – i.e. an ineffective Travel Plan and 2. a 15% reduction based on an effective Travel Plan

Where the Travel Plan is ineffective it is forecast that the development would result in reduced traffic in the am peak but increased traffic in the afternoon and pm peak producing a net increase of 19 movements/day. In the event that the Travel Plan is successful, vehicle movement would be 30/day fewer than currently.

The present use generates 309 (equivalent to approximately 75 dwellings) movements/day and that proposed 328/day The % changes to traffic on Furnace Drive, even in the worst case scenario of a failed Travel Plan, can be seen to be small.

The Assessment indicates that the proposed development would have no material impact on the two junctions under investigation even in the worst case scenario.

The submitted plans indicate that parking could be achieved within the constraints identified for the site at an average of 1.6 spaces/dwelling (134 spaces + 10 visitor spaces, which accords with the requirements of the SPD.

5.8 Flooding Issues:

The submitted drainage strategy for the proposed development is to dispose of surface water by infiltration (Use of SUDs) or attenuated discharge to the surface water system reusing the existing connections designed such that there would no increase in the discharge rate.

In their initial response the Environment Agency objected to the proposed development on the grounds that: • The work to the Tilgate Dam is programmed to be completed by Spring 2011. However, there are economic or environmental risks which could delay the programme. Accordingly it is not considered appropriate for the FRA which accompanies the planning application to be based on the assumption that the site will be Flood Zone 1in the future; • If the works were not completed the residents of the scheme may be put at unacceptable risk and there could be loss of flood storage capacity.

The Environment Agency recommended that if the applicants wished to pursue the development before the completion of the Tilgate work the FRA should be reworked

However, following correspondence and discussions between the Council’s own drainage engineers, the applicant’s engineers and those of the Environment Agency, the latter have concluded that their previous concerns could be met by the imposition of conditions. Accordingly the Environment Agency withdrew their objection by letter dated 11 th November 2010.

5.9 Section 106 Agreement:

Policy ICS2 of the Core Strategy requires new development to make provision for its on and off- site infrastructure needs. The Council’s SPD “Planning Obligations and Section 106 Agreements” provides guidance on these matters and in this case the following infrastructure requirements arise from the development:

• Public open space. As required by the SPD the site will make provision for amenity open space on site but there is also a requirement for other open space e.g. provision for children, parks and gardens etc.

• Fire Services:

The applicants have provided a Unilateral Undertaking to cover these issues

The site will generate a need for 40% of the dwellings to be affordable. It is recommended that this be secured by a planning condition.

CONCLUSIONS:-

6.1 The application site is that of a former school currently used by the WSCC as a professional training centre. A review of County Council facilities will result in the centralisation of a number of services to a central site in Horsham. As a result the applicants have declared this site surplus to requirements. In these circumstances Policy COM 11 of the Local Plan and Policy ICS5 of the Core Strategy apply when considering alternative forms of development and both policies set a number of criteria against which such development will be considered.

6.2 These Policies give broad support to residential development. This application seeks outline planning permission where only the number of units and the means of access are for determination. However, the application is supported by a number of documents which show how such a development could be accommodated. It is concluded that a development of a suitable mix, form and content could be achieved whilst retaining the majority of the best landscape and ecological features. The requirement to retain those features plus the other site constraints such as the sewer easement will produce a spacious development.

DEVELOPMENT PROPOSAL SUMMARY:-

Site area Dwellings to be 2.29 hectares N/A demolition New Dwellings Existing Use Training Centre 76 proposed Proposed Net increase in Residential 76 Use Dwellings Proposed Proposed 134 spaces 33-50 Units/hectare Car parking Site Density Existing Associated Floorspace & 2,500 sq m CR/2009/0102/OUT Application Use Proposed S106 Open Space Floorspace 76 houses and flats Contributions Fire Services & Use

RECOMMENDATION RE: CR/2010/0248/OUT

PERMIT - Subject to the following condition(s):-

1. i) Details of the appearance, landscaping, layout, and scale, (hereinafter called `the reserved matters`) shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved. ii) Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of 3 years from the date of this permission. REASON: To enable the Local Planning Authority to control the development in detail and to comply with Section 92 of the Town & Country Planning Act 1990.

2. The development hereby permitted shall be begun before the expiration of two years from the date of approval of the last reserved matters to be approved. 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

3. The development hereby permitted shall not be commenced unless and until the enhancements to the dam at Tilgate Lake permitted under reference CR/ 2009/0474/FUL have been completed to the satisfaction of the Local Planning Authority. REASON: In order to reduce the risk of flooding to the site and the possible impact of development of the site on flooding downstream as required by Policy GD23 of the Local Plan 2000

4. No development shall be carried out unless and until a schedule of materials and finishes and, where so required by the Local Planning Authority, samples of such materials and finishes to be used for external walls (and roofs) of the proposed building(s) have been submitted to and approved 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 GD1 of the Crawley Borough Local Plan 2000.

5. No development shall take place unless and until there has been submitted to and approved by the Local Planning Authority a scheme of landscaping, hard and soft, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development. REASON: In the interests of amenity and of the environment of the development in accordance with Policy GD5 of the Crawley Borough Local Plan 2000.

6. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of five 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, unless the Local Planning Authority gives written consent to any variation. REASON: In the interests of amenity and of the environment of the development in the accordance with Policy GD5 of the Crawley Borough Local Plan 2000.

7. The development hereby permitted shall not be occupied until space has been laid out in accordance with details approved by the Local Planning Authority for the turning/loading and/or unloading of vehicles and the parking of vehicles clear of the public highway and such space shall not thereafter be used other than for the purposes for which it is provided. REASON: In the interests of road safety and to accord with approved policy in accordance with Policies GD3 of the Crawley Borough Local Plan 2000.

8. The access from the site to the public highway shall be designed, laid out and constructed with kerb radii/ visibility splays and sight lines in all respects in accordance with plans and details to be submitted to and approved by the Local Planning Authority before any other operation or use authorised by this permission is commenced. REASON: In the interests of road safety and to accord with approved Policy GD3 of the Crawley Borough Local Plan 2000.

9. The buildings shall not be occupied/until the road(s) serving the development hereby permitted has/have been constructed, surfaced and drained in accordance with plans and details to be submitted to and approved by the Local Planning Authority. REASON: To secure satisfactory standards of access for the proposed development in accordance with Policy GD3 and GD25 ofthe Crawley Borough Local Plan 2000.

10. No work shall be carried out on site unless provision is available within the site, in accordance with plans and details approved by the Local Planning Authority, for all temporary contractors' buildings, plant and stacks of materials associated with the development and such provision shall be retained for these purposes throughout the period of work on the site. REASON: To avoid undue congestion on the site and consequent obstruction to access in accordance with Policy GD34 of the Crawley Borough Local Plan 2000.

11. No work shall be carried out on the site unless and until an effective vehicle wheel-cleaning facility has been installed in accordance with details approved by the Local Planning Authority and such facility shall be retained in working order and operated throughout the period of work on the site to ensure that vehicles do not leave the site carrying earth and mud on their wheels in a quantity which causes a nuisance or hazard on the road system in the locality. REASON: In the interests of road safety in accordance with Policy GD34 of the Crawley Borough Local Plan 2000..

12. Before the first and any subsequent occupation of any dweling, the developer shall implement a Travel Plan which has been submitted to and received the prior written approval of the Local Planning Authority. The developer shall implement all the measures included in the approved Travel Plan in accordance with a times scales contained within the approved plan. REASON: To reduce the need for private car travel in accordance with policy T1 of the LDF Core Strategy and guidance in PPG13.

13. The development hereby permitted shall not be commenced until a surface water drainage scheme for the site based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development has been submitted to and approved in writing by the local planning authority The scheme shall subsequently be carried out in accordance with the approved details. REASON: To prevent pollution of the water environment in accordance with Policy GD25 of the Crawley Borough Local Plan 2000.

14. Upon completion of the construction phase of the Tilgate Dam Improvements an amended Flood Risk Assessment shall be submitted to the Local Planning Authority for their written approval and the approved recommendations shall thereafter be fully implemented REASON: To ensure the development is designed to mitigate any residual flood risk as required by Policy GD23 of the Crawley Borough Local Plan 2000

15. There shall be no raising of existing ground levels on the site. REASON: To prevent the increased risk of flooding due to impedance of flood flows and reduction of flood storage capacity in accordance with Policy GD23 of the Crawley Borough Local Plan 2000.

16. No development, including site works of any description, shall take place on the site unless and until all the existing trees/bushes/hedges to be retained on the site have been protected by a fence to be approved by the Local Planning Authority erected around each tree or group of vegetation at a radius from the bole or boles of 5 metres or such distance as may be agreed in writing by the Local Planning Authority. Within the areas so fenced off the existing ground level shall be neither raised nor lowered and no materials, temporary buildings, plant machinery or surplus soil shall be placed or stored thereon 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 roots encountered with a diameter of 25 mm or more shall be left unservered. REASON: To ensure the retention and maintenance of trees and vegetation which is an important feature of the area in accordance with Policy GD5 and GD34 of the Crawley Borough Local Plan 2000.

17. Before any development is commenced, a scheme for the provision of affordable housing shall be submitted to and approved by the Local Planning Authority. For the purposes of this condition such a scheme is one which: a) provides for 40% of the total housing units to be affordable of which 70% shall be social rented accommodation and 30% other forms of tenure such as shared ownership, discount market housing or key worker accommodation; b) Includes details of the type, location and phasing of the provision; c) Secures the involvement of a Registered Social Landlord (RSL) as defined in the Housing Act1996 or other Affordable Housing Provider; d) Identifies a specified alternative arrangement that would produce the affordable housing in the event that funding is not secured within 2 years of the development commencing or such subsequent periods relating to later phases of development as may be agreed in writing by the Local Planning Authority. Not more than 50% of the open market units shall be occupied before the dwellings to be offered as social rented properties have been built and handed over to the RSL or other Affordable Housing Provider. Not more than 80% of the open market housing shall be occupied until the remaining affordable units have been constructed. REASON: To secure the provision of affordable housing as required by Policy H4 of the Crawley LDF Core Strategy 2007

18. Before any of the dwellings the subject of this permission are occupied the Ecological Enhancements and mitigation measures set out in the Phase 1 Habitat Survey which accompanied the application shall have been implemented to the written satisfaction of the Local Planning Authority REASON: In the interest of maintianing and improving biodiversity in accordance with Policy GD13 of the Local Plan 2000

REASON FOR APPROVAL

1. The decision to grant planning permission has been taken having regard to the policies and proposals in the adopted Local Development Framework Core Strategy 2007, the saved polices of the Crawley Borough Council Local Plan 2000 and the Regional Spatial Strategy 2009 set out below, and to all relevant material considerations. The site is previously developed land within the built up area of Crawley at the heart of a residential neighbourhood. The development would be a sustainable form and location and would accord with National and Local policy with regard to the location of new residential development. The proposed development would accord in principle with the requirements of Policy ICS5 of the Core Strategy and Saved Local Plan Policy COM11. Access to the site and the development thereof is not considered to raise highway safety or capacity issues. The proposed development would not generate significantly more traffic than the most recent use of the site. The submitted documents illustrate how issues such as tree protection and preservation, open space and ecology can be accommodated within the development at the scale indicated. The infrastructure requirements of the development will be secured by way of a legal agreement as required by Policy ICS2. The development has been considered in the context of PPS25 and the proposals is considered to address positively the issues of flood risk and surface water drainage. The completion of the Tilgate Dam improvements is considered to be a requirement prior to commencement

Saved Local Plan: a. GD1 - The Normal Requirements of All Development; b. GD2 - Development and its Setting; c. GD3 - Operational requirements for a site d. GD4 - Comprehensive development of sites e. GD5 & 6 - Landscaping and development f, COM11 - Development of schools g. GD23 & 25 - Flood Risk h. SPG 3, 4, 6, 17

Core Strategy: i. H1 j. H3 k. H4 l. H5 m. H6 n. EN5 o. T3 p. CS2 q. ICS5

RSS SP3 H3 H4 H5

CRAWLEY BOROUGH COUNCIL DEVELOPMENT CONTROL COMMITTEE - 6 December 2010 REPORT NO: RS. 15 ITEM NO: 002

REFERENCE NO: CR/2010/0312/FUL

LOCATION: 5 PETERHOUSE PARADE (ABOVE TESCO UNIT), POUND HILL, CRAWLEY PROPOSAL: ERECTION OF 1 X 2 BEDROOM FLAT WITH PATIO AND EXTENSION TO PATIO OF FLAT NO 8 (AMENDED PLANS AND AMENDED CERTIFICATE B RECEIVED)

TARGET DECISION DATE: 27 December 2010

APPLICANT/AGENT

APPLICANTS NAME: Chester Quote Ltd, AGENTS NAME: Buckrest Limited, ______

PLANS & DRAWINGS CONSIDERED:

323.02B Block Plan and Existing and Proposed Floor Plans, 323.03B Existing and Proposed Elevations, 323-02C Block Plan and Existing & Proposed Floor Plans

CONSULTATIONS

Type Comments

1. WSCC No Objection subject to TAD. 2. CBC - P & PS Comments that CBC landlord consent would also be required 3. CBC - Env. Health Division No objection subject to conditions noise insulation

Consultation expiry date: 17 August 2010

Re-consultation expiry date: 23 November 2010

NEIGHBOUR LETTERS SENT:-

Flat 1/1A, 2-5, 7&8 Peterhouse Parade, 8 & 9 Ruskin Close, Grattons Park Pavilion Peterhouse Parade, Tavern on the Green, Merrilea.

REPLIES RECEIVED:-

Representations have been received from two interested parties objecting to the initial proposals on the following grounds:

• There are already parking issues in the area and this would make them worse. • The flat would look straight into the neighbouring flat above the Tavern on the Green. • The flat would be next to the Tavern on the Green toilets. There is concern that a flat at this location would result in noise conflict between the public house and the future occupiers. • The bins already overflow, the flat would make this worse. • The proposal is unsuitable for the density of the area. • It would block light and views to no.8. • It would overlook the windows of no.8. • It would significantly affect the facilities and value of no.8.

The following comments have also been received in addition to the originally submitted comments in relation to the current set of submitted drawings:

• There have been past sewerage problems at the back of the shops, which would not be helped by the connection of another dwelling. • There are signs of subsidence at the rear of Tesco’s.

REASON FOR REPORTING TO COMMITTEE:-

The Council is the owner of the freehold for the site.

THE APPLICATION SITE:-

1.1 Situated to the west of Gratton’s Drive and comprising the neighbourhood centre for Pound Hill North. Peterhouse Parade comprises a number of ground floor retail/service/hot food takeaway uses and a pub with residential flats above to the west of Gratton’s Drive comprising the neighbourhood centre for Pound Hill North.

1.2 The application site comprises the roof of the retail unit operated by Tesco’s at the north end of the parade. The Inn on the Green with associated flats above is situated to the north. The Tesco’s unit currently has flat no.8 above, and the proposal would adjoin this to flat 8. There are two storeys of flats above the pub to the north, with facing secondary living and kitchen windows. Access to the flats is via a staircase at the rear/west of the building. To the west of the building are situated the parking and service yard areas for the flats and retail units.

1.3 There are a number of extract flues in the roof of the Tesco unit at the front of the property.

THE PROPOSED DEVELOPMENT:-

2.1 This planning application seeks permission to erect one two bedroom flat above the north half of the Tesco’s retail unit.

2.2 The flat would be 76sqm and would comprise 2 double bedrooms both with en-suite accommodation and a kitchen/living room. Access to the 1st floor would be via a new stairway which would rise to the rear/west side of the building. One car-parking space is shown in the currently communal provision to the rear of the service yard.

2.3 A new access would be provided for flats 7 and 8, and flat 8 would also be provided with an enlarged 3m deep patio area.

PLANNING HISTORY:-

3.1 In 2010 planning permission was granted for the erection of 6 detached garages and 2 large refuse storage areas. Ref. CR/2010/0212/FUL. This application has not been implemented and the parking space to be provided for the application site would not fall within the area covered by the erection of garages or the refuse storage areas.

3.2 In 1972 Planning Permission was granted for the erection of the ground floor retail units. Ref. CR/073/1972.

3.3 In 1973 and 1974 planning permission was granted for the public house and flats located to the north of the proposal. Ref. CR/355/1973 and CR/364/1974.

3.4 The flats which have been erected above the original ground floor units were permitted under the following application: CR/521/1987, CR/074/1988 and CR/1993/0348.

PLANNING POLICY:-

National Policy:

4.1 PPS1 ”Delivering Sustainable Development”, PPS 3 “Housing” and PPG13 “Transport” all stress the importance of securing development on Previously Developed Land (PDL) and delivering strong, vibrant and inclusive communities based upon sustainable development principles and good design appropriate to its context, including the need to reduce the need for travel and higher residential densities.

4.2 PPS3 also seeks to promote high quality housing of good design that also provides a mix to meet the different requirements of those in housing need in a sustainable way. PPS3 encourages the efficient use of land, taking into account the character of the site and the surrounding area. Net residential densities of less than 30 dwellings to the hectare are not recommended.

Regional Policy:

4.3 Policy SP3 of the South East Plan, states that the prime focus for development in the SE should be the urban areas in order to foster accessibility to employment, housing, retail and other services and avoid unnecessary travel.

4.4 The South East Plan contains policies relating to the provision of affordable housing (H3), achieving a mix of housing types (H4) and housing design and density (H5). Crawley’s housing requirement to 2026 would be increased from 300 to 375 per annum resulting in a total of 7,500 dwellings.

Local Policy:

Local Development Framework (LDF) – Core Strategy (CS):

4.5 The Core Strategy sets out the following key objectives and principles with regard to housing:

• To deliver sufficient housing to make up the current backlog to meet the requirements of the Structure Plan to 2011/12 pending an early and fundamental review of the LDF to provide certainty of delivery against the requirements of the South East Plan over the longer term to 2026; • To ensure housing occurs in the most sustainable locations with PDL as the focus for development; • To ensure the efficient use of land through higher densities, providing a living environment which is sustainable in the long term and respects its natural and built surroundings; • To ensure that strategic or major infill developments are delivered in accordance with the neighbourhood principle; • To secure a good mix of housing types and sizes; • To create an appropriate proportion and range of affordable housing.

4.6 Policy H1 of the CS sets out how the housing needs of the Borough will be achieved whilst restating the need for an early review.

4.7 Policy H3 aims to steer development to sites which:

• Are in sustainable locations; • Maximise the use of PDL; • Are part of or an extension to an existing neighbourhood or within the town centre or Three Bridges Station Corridor; • Can be served by existing or new infrastructure; • Have good access to public transport services and footpaths/cycle paths; • Have good access to community services; • Are not subject to major physical or environmental constraints.

4.8 Policy H4 seeks to secure densities of development which maximise the efficient use of land and are compatible with maintaining the character of different parts of the town. Higher densities are stated to be acceptable in the more sustainable locations.

4.9 Policy H6 seeks to secure a mix of dwelling types and sizes taking into account the size of the site and its character and that of the surrounding area and the need for a significant proportion of 1 & 2 bedroom dwellings, particularly in the most sustainable locations.

4.10 Policy EN5 requires that new development be based on a thorough understanding of the context, significance and distinctiveness of its site and surroundings and to be of a high quality.

4.11 Policy T3 states that the level of parking provision for a new development will normally take into account the Council’s maximum parking standards and the need to maximise the potential for public transport.

4.12 Policy ICS2 sets out the infrastructure requirements for new development both on and off site. This is reinforced and expanded upon in the SPD “Planning Obligations and S106 Agreements”.

4.13 Whilst the Local Plan 2000 has been superseded by the Core Strategy, a number of its Policies have been “saved”. The relevant policies are: • GD1 – the Normal Requirements of New Development; • GD2 – Development and its Setting; • GD3 - Operational Requirements for a Site; • GD35 & GD36 – Phasing, Implementation and Planning Obligations; • T27 & T28 – Walking and Cycling; • H20 – Private Outdoor Space • H22 - Design

4.14 Also of relevance are the “saved” SPG documents below and the Planning Obligations and S106 Agreements SPD. • SPG3 Standards for New Development • SPG4 Standards for Private Outdoor space

PLANNING CONSIDERATIONS:-

5.1 The application site lies within the built up area on the LDF Proposals Map and would be above existing single storey development. Residential redevelopment on this site would therefore accord in principle with national, regional and local policy (the Development Plan), as these policies emphasise the importance to be given to PDL in preference to the development of green field sites and also to locations which are sustainable in terms of their accessibility by modes of transport other than the car and also in terms of access to community facilities and employment opportunities.

5.2 In this context the main issues for consideration are:

• The scale and form of development, and its impact upon the character of the area; • The impact on the amenity of neighbouring residents; • Parking and traffic issues; • The suitability of the accommodation in terms of the future occupiers and the operational requirements of the development;

The scale and form of development, and its impact upon the character of the area;

5.3 There is the three storey public house with flats above, to the north of the site, and two storey development comprising ground floor retail with flats above to the south.

5.4 The development would result in the erection of a single storey flat roofed two bedroom flat on the roof of the retail unit currently occupied by Tesco’s. The proposed flat would extend 6m from the side of the existing 1 st floor flat to the south (no.8), and would retain 1m gap to the northern edge of the building. The flat would be the same height as the existing adjacent flat with a single large window facing Grattons Drive to the east. At the rear the proposal would project beyond the rear elevation of no.8 by 3m at the proposed boundary and by 5m adjacent to the public house to the north. A patio area would be created for no.8 and the stairway at the rear would be demolished and reinstated to escalate from the east up to the current western edge of the flat roof away from the existing flats.

5.5 It is considered that the flat would have a similar appearance to the adjacent flat to the south, which itself has previously been erected on the original ground floor retail units. The resultant development would therefore appear from the main public viewpoints to the east as a continuation of the existing flatted 1 st floor development to the south, which in turn would be 1 storey lower than public house and flats development to the north.

5.6 The alterations to the rear of the building would also be relatively small in scale and their primary visual impact would be upon users of the service yard and car-park for the parade.

5.7 It is not therefore considered that the scale and form of the development would have an adverse impact on visual amenity and the proposal is acceptable in this regard in relation to policies GD1 and GD2 of the Crawley Borough Local Plan 2000, and EN5 of the Core Strategy of the Local Development Framework 2008.

The impact on the amenity of neighbouring residents;

5.8 The main impact in terms of neighbour amenity would be upon the occupiers of no.8 Peterhouse Parade, which is the adjoining flat to the south, and, upon the occupiers of the flats to the north located above the public house.

5.9 In relation to the adjoining flat to the south, it is considered that although the overall extension to create the two bedroom flat would project 5m from the neighbouring rear elevation, the element adjacent to this neighbours flat would only project 3m from the rear wall. The development would therefore have a similar impact on the adjoining flat to the south compared to the guidance set out in SPG5 for generally acceptable single storey rear extension to an end of terrace house.

5.10 In addition, the applicant is also proposing to provide this flat with a 3m deep full width patio area which would provide the neighbouring flat with additional private rear amenity area.

5.11 The access to the proposal would involve a re-orientated staircase and the access which would provide a separate route to the proposed flat which would run along the western edge of the existing flat roof. The proposal would therefore has been designed to prevent direct overlooking of the neighbouring flat and new patio area, by separating visitors to the new flat from the neighbouring flats rear elevation.

5.12 Secondly, with regard to the impact on the flats above the public house to the north. There are two flats on the 1 st floor with windows facing the site of the proposal. The flat at the front of the building facing Grattons Drive has a kitchen window facing the proposal approximately 4m away to the north. The second flat to the rear of the building has a kitchen and secondary living room window with restricted outlook due to the design of the existing public house facing the proposed development The applicant is proposing only one window which would face a neighbour’s kitchen, and this itself is a secondary kitchen/living room window, which could therefore be obscure glazed to prevent mutually harmful overlooking. As the impact on the adjacent neighbouring flats to the north would be upon a secondary living room window and two kitchen windows, which are not considered to require a meaningful outlook, it is considered that the siting, bulk, massing and design of the proposal would not cause demonstrable harm to the occupiers of these two flats.

5.13 The impact on neighbouring occupiers is therefore considered to be acceptable subject to conditions to control the facing windows.

Parking and traffic issues;

5.14 The area to the rear of the flats comprises the service yard for the ground floor retail/service uses and parking for these units and the flats above. There is also public parking provided to the south of the Parade and further short term parking for visitors to the east, adjacent to Grattons Drive. The applicant is proposing to allocate one parking space to this unit, which would not be affected by the proposed garage development. It is considered that one allocated space for the flat and the general provision of parking for the parade is acceptable to meet the requirements for the proposed development, even though it is accepted that at school start and finishing times, the area is very busy due to the location of the entrance to Milton Mount Primary School to the south. The provision of one additional two bedroom residential unit would not therefore be considered to result in issues for car-parking or highway safety.

5.15 There has been no objection to the proposal on parking of highway grounds from West Sussex County Council, and the proposal is therefore considered acceptable in this regard in relation to policies GD3 and T3.

The suitability of the accommodation in terms of the future occupiers and the operational requirements of the development;

5.16 The proposed flat would have an internal floor-space of 76sqm and each of the rooms would have a window. The layout of the flat has also been altered to move the bedrooms away from the entrance to the pub to the north east of the flat. The applicant has also proposed to sound insulate the flat, including using triple glazing to prevent a potential problematic issue with noise from the public house. There are also three extracts situated in the roof above Tesco’s to the front of the proposed flat and a small rear patio area is proposed, which could also include bicycle and bin storage.

5.17 The proposed flat would have a floor area which of itself would accord with the guidance (72sqm) as set out in SPG3 for a 4 bed-space single storey dwelling. The main living room and rear bedroom would have an acceptable outlook, even if the secondary kitchen/living room window was to be obscure glazed and fixed shut. The second bedroom within the middle of the flat would however have a very poor out-look as it would face 2m away, the stairwell for the flats above the public house. The location of this window facing the blank wall would however prevent overlooking into the proposed and neighbouring flats.

5.18 Notwithstanding the very poor outlook for one of the bedroom windows in terms of size and general layout, the flat is acceptable. The poor outlook from one window is not therefore on balance considered to result in a poor living environment overall for future occupiers, which would warrant a refusal.

5.19 Concerns from the neighbouring pub owner to the north of the site are well founded, and the concerns have been considered by the Council’s Environmental Health Department, which has considered that subject to ensuring that noise insulation measures, including the fitting of triple glazing are undertaken in accordance with a scheme which has first been approved by the Local Planning Authority, the potential for issues of noise and disturbance to the harm of future occupiers from the public house should be acceptable.

5.20 The extract ducts at the front of the building would potentially also result in noise/disturbance/fumes issues for future occupiers and the applicant has confirmed that they are redundant and will be removed prior to occupation of the flat. It is considered essential to ensure that the amenities of future occupiers are protected from the potential impact of these extracts, and their removal will therefore be subject to control by condition.

5.21 It is therefore considered that subject to conditions controlling the sound insulation and removal of sources of pollution that the living conditions for future occupiers would on balance be acceptable.

Other

5.22 The proposal would result in the creation of an additional dwelling, and there is therefore a requirement for the applicant to ensure that the off site infrastructure requirements that the development would affect are also considered. In accordance with the Council’s Planning Obligations and S106 Agreements Supplementary Planning Document 2008, the applicant is required to contribute towards Transport Infrastructure and Open Space provision. The S106 agreement has not been completed and if the applicant fails to complete this agreement, the proposal would not be able to meet its own off site infrastructure requirements. It is therefore considered that the applicant should be given time to complete the agreement within the eight week period, or the proposal should be refused on these grounds.

5.23 The site is not situated in an Environment Agency area with defined flooding issues, and the development would be required to be connected to the drainage system in accordance with Water Authority and Building Regulation requirements.

5.24 Issues of subsidence are also covered by Building Regulations and are therefore covered by other legislative frameworks.

DEVELOPMENT PROPOSAL SUMMARY:-

Site area Dwellings to be

demolition New Dwellings Existing Use 1 proposed Proposed Net increase in 1x2 bedroom flat 1 Use Dwellings Proposed Proposed Existing 1 Car parking Site Density Existing Associated Floorspace & Application Use Proposed S106 TAD £920 Floorspace 76 sqm – 2 bed flat Contributions OPEN SPACE £668 & Use

CONCLUSIONS:-

6.1 The proposed flat would have an acceptable impact on visual amenity/the character of the area, and neighbours amenities would not be demonstrably harmed. Parking and the quality of the accommodation to be provided for future occupiers are considered on balance to be acceptable, and subject to the completion of the S106 agreement, the sites operational requirements and external infrastructure impacts are acceptable. It is therefore considered that the proposal accords with the relevant policies of the Development Plan and it is recommended that it be resolved to grant planning permission subject to the completion of the S106 agreement.

6.2 However, in the event that the Section 106 Unilateral Agreement is not completed within the 8 week time period which expires on the 24 th December 2010 and unless there are exceptional reasons for the delay, the Head of Planning and Environmental Services be authorised to refuse planning permission for the following reason:

6.3 An agreement is not in place to ensure that the appropriate infrastructure provisions to support the development and the development is therefore contrary to policies GD3, GD35 and GD36 of the Crawley Borough Local Plan 2000 and contrary to policy ICS2 of the Crawley Borough Local Development Framework Core Strategy and Supplementary Planning Document 1 ‘Planning Obligations and S106 Agreements’.

RECOMMENDATION RE: CR/2010/0312/FUL

PERMIT - Subject to the following condition(s):- Subject to the conclusion of a S106 Unilateral Agreement

1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission. REASON: To comply with Section 91 of the Town & Country Planning Act 1990.

2. The development hereby permitted shall not be carried out other than in accordance with the approved plans as listed in this Decision Notice save as varied by the conditions hereafter. REASON: For the avoidance of doubt and in the interests of proper planning.

3. No development shall be carried out unless and until a schedule of materials and finishes to be used for external walls (and roofs) of the proposed building(s) have been submitted to and approved 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 GD1 of the Crawley Borough Local Plan 2000.

4. The flat hereby approved shall not be occupied until the patio area for flat no.8, the stairway and access, as shown on the approved plans have been constructed, surfaced and fenced and thereafter retained in accordance with details approved by the Local Planning Authority. REASON: In the interests of of amenities of the neighbouring occupiers in accordance with poliy GD1 of the Crawley Borough Local Plan 2000.

5. Prior to the implementation of the flat hereby approved a noise insulation scheme shall first have been submitted to and have been approved in writing by the Local Planning Authority. The noise insulation scheme shall be implemented before the occupation of the flat and maintained thereafter. Reason: To ensure the amenity of the occupants of the flat are protected in accordance with policy GD3 of the Crawley Borough Local Plan 2000.

6. Prior to the occupation of the flat the extracts in the roof of the ground floor retail unit shall be removed, and the roof shall be reinstated and made good. Reason: To ensure the amenities of the occupiers of the flat are protected in accordance with policy GD3 of the Crawley Borough Local Plan 2000.

7. The kitchen/living room window on the north elevation of the building shall at all times be glazed with obscured glass and be fixed to be permanently non-opening. REASON: To protect the amenities and privacy of the adjoining property, in accordance with Policies GD1 of the Crawley Borough Local Plan 2000.

8. The parking space shown on the submitted plans shall be provided for the occupiers of the flat hereby approved. The area of land so provided shall not thereafter be used for any purpose other than the parking of vehicles. REASON: To ensure that adequate and satisfactory provision is made for the accommodation of vehicles clear of the highways in accordance with Policy GD3 of the Crawley Borough Local Plan 2000.

INFORMATIVES

1. The applicant's attention is drawn to the requirements of the Party Wall Act 1996, the provisions of which will need to be complied with prior to the commencement of works as the extension requires work on party walls. An explanatory booklet is attached with this decision notice.

2. The applicant is advised that the consent of Crawley Borough Council as the land owner is also required before any building or alterations to the buildings are made. Contact Kevin Cockram in Proprty Services on 01293 438365 for further information.

REASON FOR APPROVAL

1. The development would have an acceptable impact on neighbours amenities, and the character of the area. The impact on the highway and parking provision would also be acceptable. The living conditions for future occupiers would be acceptable and the operational requirements of the development would also be met. The infrastructure requirements of the development would be met. The decision to grant planning permission has been taken having regard to the policies and proposals in the Crawley Borough Council Local Development Framework Core Strategy 2007 and Crawley Borough Local Plan 2000 set out below, and to all relevant material considerations. (a) GD1 - the Normal Requirements of New Development; (b) GD2 - Development and its Setting; (c) GD3 - Operational Requirements for a Site; (d)GD35 & GD36 - Phasing, Implementation and Planning Obligations; (e) T27 & T28 - Walking and Cycling; (f) H20 - Private Outdoor Space (g) H22 - Design (h) H1/H3/H4/H6 - Housing (i) EN5 Design and landscaping (j) T3- Parking (k) ICS2 - Infrastructure Provision (l) SPG3 - Standards for New Development (m) SPG4 - Standards for Private Outdoor space (n) SPD Planning Obligations and S106 Agreements.

CRAWLEY BOROUGH COUNCIL DEVELOPMENT CONTROL COMMITTEE - 6 December 2010 REPORT NO: RS. 15 ITEM NO: 003

REFERENCE NO: CR/2010/0463/COU

LOCATION: 9, GRAND PARADE HIGH STREET, WEST GREEN, CRAWLEY PROPOSAL: CHANGE OF USE AND SUBDIVISION OF THE GROUND FLOOR FROM A2 TO MIXED USE PART A1 (RETAIL) AND PART TAXI BOOKING OFFICE (AMENDED DESCRIPTION)

TARGET DECISION DATE: 4 November 2010

APPLICANT/AGENT

APPLICANTS NAME: United Cars AGENTS NAME: WPD Consultants ______

PLANS & DRAWINGS CONSIDERED:

WPD011/A/10 Rev A Existing and Proposed Elevation and Floor Plans, WPD011/A/01 Rev A Site Location and Block Plan

CONSULTATIONS

Type Comments

1. CCCAAC No objection 2. WSCC No objection

Consultation expiry date: 26 October 2010

Re-consultation expiry date:

NEIGHBOUR LETTERS SENT:-

Argus Newspapers Ltd, St John’s, Francis Chappell, The Shades

REPLIES RECEIVED:-

Seven representations received. Five of which including one petition with 87 signatures raised an objection on the following grounds: • Picking passengers from the front of the office instead of from the rear as stated in the application • Adverse impact on the taxi trade • Illegally picking up passengers from the designated taxi rank to the front of the office • Likely to result in conflict between the licensed taxi (Hackney) and the private hire car • The private high cars would block the one-way single lane while stopping to pick-up passengers from the front of the office • Result in vehicular congestion in this area with limited parking and on the rear access road. • Noise nuisance to residential occupiers on the top floor • Increased traffic problems posing difficulties for emergency vehicles access

The other two raised concerns as follows: • The ground to the rear is rough and likely to present difficulties to people with mobility issues • It is not clear if there will be a level access into the premises as there seems to be a step at present and there are steps within the building and therefore an alternative access system to support those with mobility problems should be provided

REASON FOR REPORTING TO COMMITTEE:-

The application generated more than four objections.

THE APPLICATION SITE:-

1.1 The site is located to the west of the High street and within the High Street Conservation Area. The authorised use for the ground floor premise is A2 (office) use while the top floor accommodates a residential flat.

1.2 This property is a locally listed building.

THE PROPOSED DEVELOPMENT:-

2.1 Planning permission is sought for change of use and subdivision of the ground floor from A2 to mixed use part A1 (retail) and part taxi booking office. This would operate on a 24 hour basis.

2.2 There would be physical changes to the building which include subdivision of the unit into two, a new entrance door to the proposed retail shop and the erection of a new fascia sign.

PLANNING HISTORY:-

3.1 This is long and varied but there is an associated recent application as follows:

CR/2010/0462/ADV - Erection of 1 x non illuminated fascia sign and projecting sign recently granted advertisement consent

PLANNING POLICY:-

4.1 The relevant Development Plan policies are set out in the Crawley Borough LDF Core Strategy 2007 and the ‘saved’ policies of the Crawley Borough Local Plan 200.

Crawley Borough LDF Core Strategy

4.2 Policy EN5 seeks to ensure all development is based on a thorough understanding of the context, significance and distinctiveness of its site and surroundings and of high quality design.

4.3 Policy T1 ensures development is comprehensively and sustainably integrated with transport infrastructure and encourages new and more intensive development is accessible locations and employing travel plans where possible. Policy T3 seeks to ensure new development makes appropriate provision for parking in accordance with the Council’s agreed parking standards and maximises the opportunity to utilise public transport services.

‘Saved’ Local Plan Policies

4.4 Policy GD1 deals with the normal requirements of all development, GD2 seeks to ensure development is sympathetic to its surroundings, GD3 seeks to ensure the operational requirements for a site are met and GD10 seeks to address through development design the needs of people with disabilities and mobility problems.

4.5 With regard to Conservation Areas, policy BN2 seeks to preserve and enhance the character and appearance of these areas and ensure new development respects the character of the locality in terms of its scale, materials, use and level of use and views into and out of the Conservation Area. Policy BN7 seeks to preserve and enhance the trading character of the High Street Conservation Area.

4.6 With regard to buildings of local architectural or historic interest Policy BN16 seeks to secure the retention of a building recognised as being of particular local architectural or historic interest. Planning permission may be refused for development or changes of use which will lead to cause the removal of features of interest or detract from the character or setting of the building.

Supplementary Planning Documents

4.7 The Town Centre Wide Supplementary Planning Document published in 2008 provides guidance on acceptable uses within the Secondary Shopping frontage generally supporting a mix of uses within A1, A2, A3, A4 or A5 of the TCP Use Classes Order provided the change does not result in a proliferation of a single use class in particular Class A4 (pub) uses.

4.8 The High Street Conservation Area Statement seeks to sustain and enhance vitality and viability of the High Street and while providing detailed design advice does also recognise the need to increase the mix of land uses and the need to ensure the retention and re-use of listed buildings.

PLANNING CONSIDERATIONS:-

5.1 The main considerations are as follows:

• The principle of this use in this location; • Impact of the use on the amenities of neighbouring properties; • Whether the operational requirements of the site can be met; • Whether the shop-front would be acceptable for the needs of people with disabilities and mobility problems ; • Whether the proposed alterations to the shop-front would be compatible with the existing building, the street scene and the character of the area;

Principle of the change of use; 5.2 The proposal is for the partial change and subdivision of the ground floor of this unit from A2 to a mixed use part A1 and part taxi booking office. The site is within a secondary shopping area and is already an A2 unit and to change to A1 use would not require permission. The proposed taxi office use is of Sui generis use class and therefore requires change of use planning permission. Its character however would essentially be the same as the A2 business and would continue the use of the building on a 24 hour basis. The type of use is considered appropriate in a town centre location and would bring a vacant unit back into use, it is not considered to conflict or detract from the function of the secondary shopping frontage.

5.3 The existing authorised use of the ground floor of the property is A2 and the proposed would therefore not result in the loss of an existing A1 retail use but create a new one. Furthermore, the unit is in a secondary shopping area and the proposed change of use would not be detrimental to the vitality and viability of the retail function of the Town Centre. The proposal would bring a vacant unit back into use and is therefore considered desirable in the current economic climate.

5.4 The premises is in a sustainable location where there is no reliance on the use of the private car. West Sussex County Council has been consulted and advised that the proposal is unlikely to see a material increase in traffic over what already exist to the site. Therefore, would not foresee there being any significant highway issues to this proposed change of use

Impact on neighbouring properties; 5.5 There are residential properties in the immediate vicinity of the site and as existing the High Street already has a high number of late night uses. The proposal (A1 and Sui generis use) is unlikely to result in increased noise and disturbance in the locality as the office is intended to be a call centre and provide only a public waiting room.

Whether the operational requirements of the site can be met; 5.6 The unit has a floor area of 125 sq m and is serviced through the rear of the building. It has rear access and parking for approx. 8 cars. It is expected to have a maximum of 8 employees working at any one time. The site is in a highly accessible location with access to nearby public car parking. The applicant states that the office is intended to be used for bookings only and not as a base for drivers as it is a pre-booked car hire business. Customer pick-up and deliveries for the shop would be done at the rear car park and not at the taxi rank outside front of the building. Drivers should not need to call into this office apart from when picking up customers.

Whether the proposed alterations to the shop-front would be compatible with the existing building, the street scene and the character of the area;

5.7 The applicant seeks permission to install a new entrance door to the newly created unit. The proposed alterations to this building unit within the defined secondary shopping frontage, would not considered modest and therefore unlikely to have a harmful impact on either the character of the building, or the street scene. The site is located in an area of mixed uses, with a mix of shop- fronts at the ground floor level. It is therefore considered that this shop-front is not contrary to SPG7, or policy GD28 of the Crawley Borough Local Plan 2000

Whether the shop-front would be acceptable for the needs of people with disabilities and mobility problems;

5.8 The new entrance door would be 900mm wide and complies with the requirement of SPG 9 ’Access’. The applicant has confirmed that there will be level access into both the newly created retail unit and the existing unit. It would be DDA compliant and it is therefore considered that the proposal would be acceptable in this regard. The proposal is therefore considered to accord with policies GD10 and GD28 of the Crawley Borough Local Plan 2000.

CONCLUSIONS:-

6.1 The proposed use of this building as A1 and taxi booking office is considered appropriate in the secondary shopping frontage and High Street Conservation Area. The building has a small floor area and the supporting information from the applicant demonstrates that the business meet its operational requirements on this site and can be operated without harm to neighbouring amenities.

6.2 It is therefore recommended permission be granted subject to conditions.

RECOMMENDATION RE: CR/2010/0463/COU

PERMIT

1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission. REASON: To comply with Section 91 of the Town & Country Planning Act 1990.

2. The development hereby permitted shall not be carried out other than in accordance with the approved plans as listed in this Decision Notice. Reason: For the avoidance of doubt and in the interests of proper Planning.

3. No development shall be carried out unless and until a schedule of materials and finishes and, where so required by the Local Planning Authority, samples of such materials and finishes to be used shop front of the proposed change of use and subdivision of the unit have been submitted to and approved 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 GD1 of the Crawley Borough Local Plan 2000.

4. The use hereby permitted shall not be carried on until provision for car parking has been made within the site in accordance with details to be submitted to and approved by the Local Planning Authority and such provision shall thereafter be used only for the parking of cars. REASON: To ensure that adequate and satisfactory provision is made for the parking of vehicles clear of adjacent highways in accordance with Policy GD3 of the Crawley Borough Local Plan 2000.

REASON FOR APPROVAL

1. The proposed change of use is considered acceptable in this location in terms of its impact on the character and appearance of the premises which is a listed building, the impact on the visual amenity of the street scene and the character of the High Street Conservation Area. The proposal is considered to accord with the Crawley Borough Local Plan Core Strategy 2007 and the 'saved' policies of the Crawley Borough Local Plan 2000 and its relevant policies: a. GD1 - The normal Requirements of All Development; b. BN7 - High Street Conservation Area; c. BN2 - Conservation Areas; d. GD3 - Operational requirements of the site; e. Town Centre Wide Supplementary Planning Document.

CRAWLEY BOROUGH COUNCIL DEVELOPMENT CONTROL COMMITTEE - 6 December 2010 REPORT NO: RS. 15 ITEM NO: 004

REFERENCE NO: CR/2010/0558/COU

LOCATION: UNITS 2, 3 AND 4, LOWFIELD HEATH INDUSTRIAL ESTATE OLD BRIGHTON ROAD, LANGLEY GREEN, CRAWLEY PROPOSAL: CHANGE OF USE FROM B8 (STORAGE/DISTRIBUTION) UNITS TO B2 (GENERAL INDUSTRIAL) UNITS

TARGET DECISION DATE: 28 December 2010

APPLICANT/AGENT

APPLICANTS NAME: Legal and General AGENTS NAME: ML Surveyors ______

PLANS & DRAWINGS CONSIDERED:

CBC0001 Site Location Plan, FT-1002-02 Unit 2 Floor and Block Plan, FT-1002-03 Unit 3 Floor and Block Plan, FT-1002-04 Unit 4 Floor and Block Plan

CONSULTATIONS

Type Comments

1. CBC - Env. Health Division No objection 2. BAA - Airport Planning No objection subject to Informative

Consultation expiry date: 10 December 2010

Re-consultation expiry date:

NEIGHBOUR LETTERS SENT:-

PF Couriers, -Units 3 And 4, Unit D1 Old Brighton Road, Alpha Flight Services, International House, Ronson International Ltd, Travel Lodge Gatwick Airport Church Road, Gatwick Car Sales, Autograph Food Service, Horley Gatwick Seventh Day Adventist Church, Church Road, Church Court Lowfield Way, Church Court Church Road

REPLIES RECEIVED:-

None

REASON FOR REPORTING TO COMMITTEE:-

The application is a major application

THE APPLICATION SITE:-

1.1 The application site relates to three warehouse/storage units that form the Lowfield Heath Industrial Estate. The remaining unit number 1 situated at the western side of the site is not included within this application. The total area of the site is identified as being 6,800 sq m and the units have a floor space of 2,910 sq m.

1.2 The site is accessed via Church Road and the Old Brighton Road and is within Lowfield Heath.

1.3 The units at the time of the site visit were not occupied. Parking is currently laid out to the front and side of units 3 and 4. The yard area to the rear of the units is not marked out although it appears to have been used for parking and loading of lorries.

1.4 Neighbouring units include Office uses, storage and a hotel. To the south of the site is a Church.

THE PROPOSED DEVELOPMENT:-

2.1 The proposal seeks to change the use of units 2, 3 and 4 from B8 (Storage and Distribution) with ancillary offices to B2 (General Industry).

PLANNING HISTORY:-

3.1 The site does not contain any specific history as the Lowfield Heath Industrial Estate. Arial photography identifies that it was constructed in the 1970’s.

PLANNING POLICY:-

4.1 The relevant policies are considered to be:

Crawley Borough LDF Core Strategy 2007 G2 – seeks that Gatwick Airport will be consulted on all planning applications within the safeguarded area. E2 – seeks to ensure new employment should be in sustainable locations such as Manor Royal and should contribute to the diversification of the town’s economy.

Saved policies of the Crawley Borough Local Plan 2000

GD1 – this deals with the normal requirements of all development including impact upon amenity. GD2 – Deals with the setting of development GD3 – which deals with the operational requirements of the site. T28 – seeks to provide secure cycle facilities to adopted standards.

4.2 Supplementary Planning Document ‘Planning Obligations and S106 Agreements’ sets out the adopted parking standards for the Borough.

PLANNING CONSIDERATIONS:-

5.1 The key issues in the determination of the application are considered to be whether the change of use from B8 to a B2 use would have an adverse impact on the operational requirements of the site in terms of parking and the proposals impact upon the amenities of the surrounding area.

Operational Requirements

5.2 The proposal is for a change of use only and no physical changes are proposed to the building.

5.3 In terms of parking, the applicant has provided a parking layout demonstrating parking for a total of 70 cars, 8 lorry spaces, 4 disabled spaces. For a gross floor area of 2910 sq m would equate under the adopted maximum car parking standards to 73 spaces under Class B2 plus an additional requirement within the site for unchanged B8 requirement of unit 1 taken to be 10 spaces.

5.4 In lorry parking terms for a gross floor area of 2910 sq m would equate under the adopted class B2 lorry parking standard to a minimum of 4 lorry parking spaces on the site.

5.5 In cycle parking terms, for a gross area of 2910 sq m would equate under the adopted cycle parking standards to a minimum of 21 spaces.

5.6 The parking layout indicates a shortfall of 13 vehicle spaces. However it is considered that the provision within the site could accommodate more spaces as the submission is indicative given the maximum standard and the current over provision of lorry spaces. It is recommended that a further detailed parking layout is requested through condition.

5.7 It is concluded that the existing parking provision is sufficient for the proposed change of use subject to a condition reflecting the increased lorry parking requirement of a B8 use. The proposal can therefore provide for its operational requirements and accords with saved policy GD3 and Core Strategy Policy T3 and guidance within SPD Planning Obligations and S106 Agreements.

Impact upon amenity

5.8 The site is located within a mixed area of primarily warehouse and office use to the immediate south of the airport. The proposed change of use does not indicate any physical alterations to the building so it is not considered to impact upon the neighbouring units in terms of a visual impact.

5.9 A potential B2 use could result in increased noise, odour and disturbance to neighbouring occupiers. Crawley Borough’s Environmental Health Team were consulted and raised no objection on the grounds that due to the proximity of Gatwick Airport (within the 69dB noise contour) and subject to very high peak noise levels from arriving and departing aircraft. It is extremely likely that all the businesses in that area would have very good sound insulation to protect the internal noise climate of their buildings and it is unlikely that any activities from these units would exceed the noise level presently created by the Airport.

5.10 It is not considered that the proposed use would have an adverse impact on the environment or character of the locality given its current use.

5.11 The proposal is therefore considered to accord with saved policy GD1 of the Local Plan.

CONCLUSIONS:-

6.1 The development is considered appropriate in the employment area, can meet its operational requirements and would not have a detrimental impact on the amenities of the locality.

RECOMMENDATION RE: CR/2010/0558/COU

PERMIT - Subject to the following condition(s):-

1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission. REASON: To comply with Section 91 of the Town & Country Planning Act 1990.

2. The development hereby permitted shall not be carried out other than in accordance with the approved plans as listed in this Decision Notice save as varied by the conditions hereafter. REASON: For the avoidance of doubt and in the interests of proper planning.

3. Before occupation of the unit, the occupier shall implement a Company Transport Plan which has been submitted to and received the prior written approval of the Local Planning Authority. The occupier shall implement all the measures included in the approved Transport Plan in accordance with a times scale contained within the approved plan. REASON: To reduce the need for private car travel to the offices, in accordance with Policy T1 of the of the Crawley Borough Local Development Framework Core Strategy 2007.

4. The development hereby approved shall not be occupied until a parking plan showing the car and lorry parking spaces for the use and a turning area has been provided and marked out in accordance with details to be submitted to be approved by the Local Planning Authority. These spaces shall be retained at all times for their designated use. Reason: To provide the maximum level of car parking for the development and that the turning area is adequate in accordance with current standards in accordance with policy T3 of the LDF Core Strategy 2007, ‘saved’ policy GD3 of the Crawley Borough Local Plan and Supplementary Planning Document ‘Planning Obligations and Section 106 Agreements’.

5. The development hereby approved shall not be occupied until secure cycle parking for 21 cycles is provided within the site and shall be maintained as such. Reason: To provide alternative travel plan options to the use of the car in accordance with PPG13 and ‘saved’ policy T28 in the Crawley Borough Local Plan 2000.

INFORMATIVE

1. The development is close to the aerodrome and the approach to the runway. We draw attention to the need to carefully design lighting proposals. This is further explained in Advice Note 2, ‘Lighting near Aerodromes’ (available at www.aoa.org.uk/publications/safeguarding.asp). Please note that the Air Navigation Order 2005, Article 135 grants the Civil Aviation Authority power to serve notice to extinguish or screen lighting which may endanger aircraft.

REASON FOR APPROVAL

1. The proposal is considered appropriate to its location. It would not affect the amenities of the neighbouring properties or have an adverse impact on the character of the street scene. The proposal is considered to accord with the Crawley Borough LDF Core Strategy 2007 and 'saved' policies of the Crawley Borough Local Plan 2000 and all relevant material considerations including: a. GD1 - The Normal Requirements of All Development; b. GD2 - Development and its setting c. GD3 - Operational requirement; d. E2 - Employment; e. EN5 - Design/ G2 Airport f. Supplementary Planning Document ' Planning Obligations and Section 106 Agreements'.

CRAWLEY BOROUGH COUNCIL DEVELOPMENT CONTROL COMMITTEE - 6 December 2010 REPORT NO: RS. 15 ITEM NO: 005

REFERENCE NO: CR/2010/0592/FUL

LOCATION: 22 TILGATE FOREST RECREATION CENTRE, TILGATE DRIVE, TILGATE, CRAWLEY PROPOSAL: CONSTRUCTION OF A STORAGE HUT IN CONNECTION WITH RECREATION IN TILGATE PARK

TARGET DECISION DATE: 15 December 2010

APPLICANT/AGENT

APPLICANTS NAME: Dynamic Adventures Limited AGENTS NAME: Plan a UK Ltd ______

PLANS & DRAWINGS CONSIDERED:

10220.01.01 Plans & Elevations as Proposed Site Location & Layout Plans

CONSULTATIONS

Type Comments

1. CBC - P & PS The property Division has no comments to make regarding this application, other than, subject to contract and planning permission, the Council has agreed to grant Dynamic Adventures Limited a ground lease for the site of the propose storage hut 2. National Air Traffic Services (NATS)

Consultation expiry date: 24 November 2010

Re-consultation expiry date:

NEIGHBOUR LETTERS SENT:-

19, 20, 21, 23, 24 & 28 Tilgate Forest Recreation Centre

REPLIES RECEIVED:-

No comments received.

REASON FOR REPORTING TO COMMITTEE:-

The proposal is located on Crawley Borough Council land.

THE APPLICATION SITE:-

1.1 The site is outside the built up boundary and outside the adjacent Site of Nature Conservation Importance. There is a flat concrete base in situ on the site and a green container unit. Land levels drop down towards the north. There are stepped terraces with a large number of recreational sheds – all black painted wood/log effect with brown felted roof. The area is heavily treed. There are other sheds of a similar appearance to that proposed within the immediate area and this is a complex which is known as the Recreational Centre, other immediate occupiers include unit 21 – MMA Eagle Wrestling and 24 Crawley Divers – Sub Aqua Club.

1.2 There is a hardstand to the immediate south with concrete grasscrete paving and there are a number of empty hardstandings in the complex. The proposal would utilise the existing concrete base and retaining wall/car park. There are no immediate residential neighbours.

THE PROPOSED DEVELOPMENT:-

2.1 It is proposed to construct a storage hut in connection recreational uses within Tilgate Park. The unit would measure some 23.6m (w) x 7.8m (d) x 4.9m (h) on an existing concrete plinth of 24m wide by 8.6m deep. The hut would be finished in half cut logs planted onto sheathing boards in the style of a log cabin to match to the surrounding huts and would be used to store canoes, kayaks, tents and mountain bikes that will enable outdoor experiences to be offered in Tilgate Park and the surrounding areas.

PLANNING HISTORY:-

3.1 CR/611/1969 –Renewal of temporary planning permission for the continued use of land and buildings for social, recreational and storage purposes and residential accommodation for the warden– Permitted. CR/054/1989 – Complex of assembly units to Tilgate Recreation Centre at Tilgate Forest Recreation Centre – Permitted. CR/484/1989 – Erection of complex of assembly huts – Permitted. CRF/1991/0476/FUL – Car parking – Permitted Development.

PLANNING POLICY:-

4.1 The relevant policies to consider are “saved” policies GD1 and GD2 regarding the site and its setting. Of the Core Strategy, policy C1 is relevant as the site is within the countryside, which is to be protected for countryside uses and enhanced and improved, for example, for informal recreation use. Proposals should be sympathetic to the existing quality and character of the wider countryside. Policy EN5 of the Crawley Borough Core Strategy is also relevant which seeks to ensure that all developments are based on a thorough understanding of the context of the site and the surroundings. Policy ICS1 is relevant and relates to new community uses and states that the Council will support the provision of new or improved community sports, arts and leisure facilities, in locations accessible by different modes of transport. Existing community and leisure facilities will be protected where they contribute to the neighbourhood or town overall.

PLANNING CONSIDERATIONS:-

5.1 The main issues are, the impact of the proposed use on the character and appearance of the site and the surrounding area, which is one of countryside and the impact of the proposed building on the immediate surrounding area. As the proposal would use the existing plinth, there would be no issues regarding trees in the wider area. There is parking available on the existing concrete to the front of the site and this unit is identified for storage. It is not considered that any new car parking issues arise.

Impact of the proposal on the character and appearance of the surrounding area.

5.2 The storage building is to be placed on the existing concrete base to store tents, mountain bikes, canoes, kayaks and other equipment related to outdoor activity adventures, which is in keeping with the use on the site and the surrounding area. The use proposed would be consistent with the types of development which are considered acceptable in the countryside setting, one of recreation and low intensity. The use is considered to be in keeping with the character of the site and the surrounding area and would be similar to the uses which are within the other recreational huts in the immediate vicinity. The use is also appropriate given the proximity of the proposed hut to Tilgate Park, which would be utilised by the applicants for outdoor pursuits.

5.3 In terms of the impact of the proposed building on the site and the surrounding area, the proposal would be finished with the appearance of a log cabin with a red/brown felt sheet roof which is seen in the neighbouring huts and blends into the surrounding environment. The scale and height of the proposal would be similar to those in the surrounding area, whilst being limited to the scale of the existing plinth. The area is heavily treed and is not subject to long views from the surrounding area. The design, scale and appearance of the proposed cabin is considered to be in keeping with the character and appearance of the neighbouring huts.

CONCLUSIONS:-

6.1 The use, character and appearance of the proposed hut would be in keeping with the countryside location and the surrounding development at Tilgate Forest Recreation Centre. The scale and appearance of the hut proposed would be in keeping with appearance and uses of the adjacent huts in the complex and would be appropriate given the proximity to Tilgate Forest to make use of the recreation and leisure available in the park. The proposal is considered to accord with local plan policy and national planning policy in all respects.

RECOMMENDATION RE: CR/2010/0592/FUL

PERMIT - Subject to the following condition(s):-

1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission. REASON: To comply with Section 91 of the Town & Country Planning Act 1990.

2. The development hereby permitted shall not be carried out other than in accordance with the approved plans as listed in this Decision Notice save as varied by the conditions hereafter. REASON: For the avoidance of doubt and in the interests of proper planning.

3. No development shall be carried out until a schedule of materials has been submitted to, and where so required by the Local Planning Authority sample panels of the external finishes have been constructed on the site, and approved by the Local Planning Authority. REASON: To enable the Local Planning Authority to control the development in detail in the interests of amenity in accordance with Policy GD1 of the Crawley Borough Local Plan 2000.

REASON FOR APPROVAL

1. The proposed storage hut is not considered to have an adverse impact on the countryside character of the site or the surrounding area, or to be detrimental to the visual amenities of the locality. The decision to grant planning permission has been taken having regard to the policies and proposals in the adopted Crawley Borough Council Local Plan 2000 set out below, and to all relevant material considerations:

a. GD1 - The Normal Requirements of All Development, b. GD2 - Development and its Setting, and the following Core Strategy policies, c. EN5 - Protecting and Enhancing the Built Environment, d. ICS1 - Community and Leisure Facilities, e. C1 - Development beyond the Built Up Boundary.

CRAWLEY BOROUGH COUNCIL DEVELOPMENT CONTROL COMMITTEE - 6 December 2010 REPORT NO: RS. 15 ITEM NO: 006

REFERENCE NO: CR/2010/0593/NCC

LOCATION: BEWBUSH COMMUNITY CENTRE, DORSTEN SQUARE, BEWBUSH, CRAWLEY PROPOSAL: VARIATION OF CONDITION 4 (OPENING TIMES) OF CR/2009/0259/RG3 FOR ERECTION OF NEW COMMUNITY CENTRE

TARGET DECISION DATE: 13 January 2011

APPLICANT/AGENT

APPLICANTS NAME: Crawley Borough Council, AGENTS NAME: S & P Architects, ______

PLANS & DRAWINGS CONSIDERED:

2955 (08) 001 Rev B Proposed Location & Site Plan

CONSULTATIONS

Type Comments

1. CBC - Env. Health Division No objection

Consultation expiry date: 15 November 2010

Re-consultation expiry date:

NEIGHBOUR LETTERS SENT:-

Smokey's Video, 2A, 3, 3A, 4A, 5, 5A, 6A, 7-8, 7A, 8A, 9A, 10A, 11A, 12A Dorsten Square, Manning Pharmacy, Somerfield, Al Naseeb, Blossom House, Bewbush Children And Family Centre, Bewbush Primary School

REPLIES RECEIVED:-

None.

REASON FOR REPORTING TO COMMITTEE:-

The application site is CBC property.

THE APPLICATION SITE:-

1.1 The application site is the newly completed Bewbush Community Centre situated centrally within Dorsten Square. The building is bounded by Dorsten Square shops with residential above to the north, the children’s centre and school to the west, Bewbush primary school to the south and roundabout to the west.

THE PROPOSED DEVELOPMENT:-

2.1 The application seeks the variation of condition 4 of CR/2009/0259/RG3 which relates to the hours of opening for the community centre. The application seeks the following opening hours: 0630 – 2300 Monday to Thursday 0630 - 2230 Friday and Saturday 0800 – 2200 Sundays and Public Holidays.

2.2 The applicants state that the extended morning hours would allow local residents to make use of the building in particular the gym and café prior to work or college and that similar fitness centres also offer these earlier opening hours.

PLANNING HISTORY:-

3.1 Planning permission was granted under CR/2009/0259/RG3 for the construction of a new community centre as a single multi-use building providing halls, fitness centre, café, youth centre, police neighbourhood office and voluntary services office. The application also proposed environmental improvements around the building including a new car park fronting into the Dorsten Square shops, replacement w.c., recycling centre and new paving, landscaping, street lights and street furniture.

3.2 Condition 4 of the Planning permission states: The building (excluding the police neighbourhood office) shall not be open to the public outside the following times: 0800-2300 Monday to Thursday 0800-2330 Friday 0800- 2200 – Sundays and Public Holidays unless otherwise agreed in writing by the Local Planning Authority. REASON: To safeguard the amenities of neighbouring residential properties in accordance with ‘saved’ policy GD1 of the Crawley Borough Local Plan 2000.

PLANNING POLICY:-

4.1 The relevant policies in respect of this proposal are considered to be limited to those which relate to the impact the proposed extended hours of opening would have on the area.

4.2 ‘Saved’ policy GD1 deals with the normal requirements of all development. It states that planning permission will not be granted for development unless it is of a satisfactory design and layout and sets out 5 criteria that development must comply with. Criterion (ii) states that proposals should not cause unreasonable harm to the amenities of the environment or its surroundings….. by traffic generation and general activity, creation of pollution hazards or nuisance or any other adverse environmental impact.

4.3 Policy GD20 seeks to resist proposals that lead to a significant increase in the level of pollution or hazards for example noise nuisance.

PLANNING CONSIDERATIONS:-

5.1 The key consideration in this case is the impact of extended hours on the amenities of surrounding properties in particular the nearby residential flats over the existing shop units.

5.2 The application site is within the heart of the neighbourhood centre close to the bus stops which provide frequent services including Fastway which operates on a 24 hour basis. Trading within the parade starts at 7.00am with the opening of the Co-operative store. The area is therefore subject to a degree of early morning noise and activity.

5.3 The Environmental Health Division have been consulted and have raised no objection to the extended hours of use proposed.

5.4 It is therefore considered that the opening of the building at 0630 to allow for the opening of the gym and possibly the café would not result in a detrimental impact on the amenities of nearby residents and therefore accords with policies GD1 and GD20.

5.5 The granting an application for varying a planning condition is, in legal terms, the effective grant of a wholly new planning permission. In this case therefore, while only one condition is sought to be varied, the Council must ensure that the conditions imposed on the original development which the applicant must still comply with even after the building has been completed are re-applied this current application. These conditions are set out under the recommendations listed below.

RECOMMENDATION RE: CR/2010/0593/NCC

PERMIT - Subject to the following condition(s):-

1. The building (excluding the police neighbourhood office) shall not be open to the public outside the following times: 0630-2300 Monday to Thursday 0630-2330 Friday and Saturdays 0800- 2200 – Sundays and Public Holidays unless otherwise agreed in writing by the Local Planning Authority. REASON: To safeguard the amenities of neighbouring residential properties in accordance with ‘saved’ policy GD1 of the Crawley Borough Local Plan 2000.

2. The windows in the small hall and large hall shall be non-opening and fire doors to these rooms kept closed after 10pm except in the event of an emergency. REASON: To safeguard the environment from excessive noise in accordance with ‘saved’ policy GD1 of the Crawley Borough Local Plan 2000.

3. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of five 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, unless the Local Planning Authority gives written consent to any variation. REASON: In the interests of amenity and of the environment of the development in the accordance with Policy GD5 of the Crawley Borough Local Plan 2000.

4. No development shall take place until precise details of the hard landscaping for the site including paving, street furniture, signage, lighting and boundary treatments have been submitted to and approved in writing by the Local Planning Authority and the scheme shall be thereafter implemented in accordance with these details. REASON: In the interests of visual amenity of the development in accordance with ‘saved’ policies GD1 and GD2 of the Crawley Borough Local Plan 2000.

5. No development, hereby approved, shall be occupied until the car parking spaces have been provided, surfaced and marked out in accordance with a detailed construction plan to be submitted to and approved by the Local Planning Authority. These spaces shall thereafter be retained at all times for their designated use. REASON: To provide the maximum level of car parking for the development in accordance with adopted parking standards as set out in Supplementary Planning Document 'Planning Obligations and Section 106 Agreements'.

6. No development, hereby approved, shall be occupied until a turning area has been provided, surfaced and marked out in accordance with a detailed construction plan to be submitted to and approved by the Local Planning Authority. This turning area shall thereafter be retained at all times for its designated use. REASON: to provide an adequate turning area in accordance with current standards in accordance with 'saved' policy GD3 of the Crawley Borough Local Plan 2000.

7. No development, hereby approved shall commence until a Green Travel Plan has been approved to the satisfaction of the Highway Authority, and implemented in accordance with the Business Travelwise Officer, Andy Mouland(01243 642105) REASON: To reduce the need for private car travel in the interests of sustainability in accordance with policy T1 of the Crawley Borough Local Development Framework Core Strategy 2007.

REASON FOR APPROVAL

1. The proposed variation in the hours of opening for the community centre is considered to have an acceptable impact on the amenities of nearby residential properties. The decision to grant planning permission has been taken having regard to the 'saved' policies of the Crawley Borough Local Plan 2000, as set out below: a. GD1 - The Normal Requirements of All Development; b. GD20 - Prevention of Pollution Hazards.

CRAWLEY BOROUGH COUNCIL DEVELOPMENT CONTROL COMMITTEE - 6 December 2010 REPORT NO: RS. 15 ITEM NO: 007

REFERENCE NO: CR/2010/0599/P24

LOCATION: VODAFONE TELECOMMUNICATIONS MAST, CAR PARK, STATION WAY, NORTHGATE, CRAWLEY PROPOSAL: REPLACEMENT OF THE EXISTING 14.5M HIGH MONOPOLE WITH A NEW 14.8M HIGH MONOPOLE, THE INSTALLATION OF THE ANCILLARY RADIO EQUIPMENT WITHIN THE EXISTING EQUIPMENT CABIN AND ANCILLARY DEVELOPMENT

TARGET DECISION DATE: 13 December 2010

APPLICANT/AGENT

APPLICANTS NAME: Vodafone Limited AGENTS NAME: Tyco Electronics UK Infrastructure Ltd ______

PLANS & DRAWINGS CONSIDERED:

100 Rev A Site Location Plan, 200 Rev A Block Plan, 300 Rev B Elevation Plan, 400 Equipment Layout Plan

CONSULTATIONS

Type Comments

1. CBC - Env. Health Division No Objection 2. National Air Traffic Services (NATS) No Response 3. GAL No Response - no objection recommend informative 4. Network Rail No Response

Consultation expiry date: 6 December 2010

Re-consultation expiry date:

NEIGHBOUR LETTERS SENT:-

Taj Mahal, Railway, Curry & Brown, Nightingale House Ground Floor, First Floor 1-2, 6/6A High Street,1- 10 Bastable House

REPLIES RECEIVED:-

None

REASON FOR REPORTING TO COMMITTEE:-

The application is potentially sensitive and representations likely

THE APPLICATION SITE:-

1.1 The site is located off the junction of Station Way and the High Street adjacent to the railway. It lies in a landscaped area with a few mature trees adjacent to a car park immediately to the north of the railway line. There are existing street light columns in the immediate area of a similar height and dimension to the proposed mast.

1.2 The site has an existing telecommunications base station which provides 2G coverage to the surrounding area for Vodafone. The existing installation consists of a 14.5m high monopole with 2 no. omni antennas. The associated radio equipment is located within an equipment cabin immediately south of the pole.

THE PROPOSED DEVELOPMENT:-

2.1 The application is made under Part 24 of the Town and Country Planning (General Permitted Development) Order 1995 (amended) which requires that the developer shall apply to the Local Planning Authority for a determination as to whether the prior approval of the authority is required for the siting and appearance of the development. Notice of the decision as to whether an application is needed must be given with 56 days of the receipt.

2.2 In this case, prior approval is required to replace the existing 14.5m high monopole with a new 14.8m high monopole, the installation of the ancillary radio equipment within the existing equipment cabin and ancillary development. The present mast supports an omni antenna which comprises two vertical narrow poles connected by a horizontal support. The replacement mast would be a 0.5M higher monopole. This will allow Vodafone to gain 3G coverage with minimal impact.

PLANNING HISTORY:-

3.1 CR/2001/0166/P24- Replacement of existing monopole and omni antenna and equipment cabinet with new 15m monopole with 3 pairs directional antennas, together with new 3.7x2.5x2.8m high equipment cabinet.

PLANNING POLICY:-

4.1 National Planning Policy Guidance (PPG8) supports the growth of new and existing telecommunications systems, whilst keeping the environmental impact to a minimum. It stresses the need for protection from visual intrusion and for operators to use sympathetic design and camouflage to minimise the impact of the development in the environment.

4.2 The main considerations in the determination of this application relate to whether or not the proposal complies with the relevant policies in the Core Strategy of the Local Development Framework 2008 (EN5) and the Crawley Borough Local Plan 2000 (GD1, GD2, and GD32), Supplementary Planning Guidance on Mobile Phone Masts (SPG 15) and National Planning Policy Guidance (PPG 8 ‘Telecommunications’). The acceptability of the siting and appearance of the mast must also be considered.

4.3 Policy EN5 requires all new development to be based on a thorough understanding of its context, the site and its surroundings.

4.4 Local Plan Policy GD1 states that permission will not be granted for development unless it is of a satisfactory standard of design and layout which is appropriate to its location in terms of scale, height and views and does not cause unreasonable harm to the amenities and environment of its surroundings.

4.5 Policy GD2 states that planning permission will not be granted for development if it does not relate sympathetically to its surroundings, including townscape features such as buildings and trees and public views and vistas.

4.6 Policy GD32 provides specific guidance on telecommunications development. It states that such proposals will be permitted where all alternative sites have been considered and the development is sited to minimise the visual impact and effect on the character and amenity of the surrounding area. The policy also requires the number of masts to be kept to the minimum necessary and requires applicants to demonstrate that mast sharing has been fully explored.

PLANNING CONSIDERATIONS:-

5.1 The applicant has provided detailed coverage showing the areas for both Vodaphone and O 2, G2 and G3 coverage in the nearby area. The proposals are shown to offer significantly improved coverage for nearby areas of Crawley Town Centre, where there is poor coverage.

5.2 The applicant has certified that the proposed installation would comply with the International Commission on Non-Ionising Protection (ICNIRP) public exposure guidelines expressed by the European Union in July 1999. Planning Policy Guidance Note 8 ‘Telecommunications’, states that health considerations and public concern can in principle be material considerations in determining applications for prior approval. Whether such matters are material considerations in a particular case is ultimately a matter for the courts. However, it is Government’s firm view that the planning system is not the place for determining health safeguards. It remains central Government’s responsibility to decide what measures are necessary to protect public health. In the Government’s view, if a proposed mobile phone bases stations meets ICNIRP guidelines for public exposure it should not be necessary for a local planning authority, in processing an application for planning permission or prior approval, to consider further the health aspects and concerns about them.

5.3 The key considerations in this case are the suitability in terms of design and visual appearance of the proposed mast and cabinet and the proposed siting and visual impact on the street scene.

5.4 The proposed mast would replace an existing mast located in a commercial locality adjacent to the railway line where there would be no significant adverse visual implications than already existing. The proposed 14.8m telecommunications mast would be situated amongst mature trees and street light columns and finished in a grey colour therefore not considered to have a significant impact on visual amenity.

5.5 The applicant has also submitted significant information to justify the reasons behind the need to increase the capacity of this mast to cover the additional telephone calls, in accordance with the policy and guidance.

5.6 Given the above circumstances and the submission of supporting information, in accordance with policy, it is considered that the principle of this mast has been established and its replacement with a slightly taller (0.5m high) monopole mast would not have any significant adverse implications on the character or amenity of the locality.

CONCLUSIONS:-

6.1 It is considered that the proposal complies with polices GD1, GD2, GD32 of the adopted Crawley Borough Local Plan 2000, policy EN5 of the Core Strategy of the Local Development Framework 2008 and the guidance contained within SPG15 (Mobile Phone Masts).

RECOMMENDATION RE: CR/2010/0599/P24

1. The development hereby permitted shall not be carried out other than in accordance with the approved plans as listed in this Decision Notice save as varied by the conditions hereafter. REASON: For the avoidance of doubt and in the interests of proper planning.

INFORMATIVE

1. Given the nature of the proposed development it is possible that a crane may be required during its construction. We would, therefore, draw 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. This is explained further in Advice Note 4, ‘Cranes and Other Construction Issues’ (available at ww.aoa.org.uk/publications/safeguarding.asp).