Committee AGENDA

E-mail: CommitteeServices@horsham.gov.uk

Direct line: 01403 215465

Development Control (North) Committee TUESDAY 5TH AUGUST 2014 AT 5.30p.m. COUNCIL CHAMBER, PARK NORTH, NORTH STREET, HORSHAM

Councillors: Liz Kitchen (Chairman) Roy Cornell (Vice-Chairman) John Bailey Ian Howard Andrew Baldwin David Jenkins Peter Burgess Christian Mitchell John Chidlow Josh Murphy Christine Costin Godfrey Newman Helena Croft Jim Rae Leonard Crosbie Stuart Ritchie Malcolm Curnock David Sheldon Laurence Deakins David Skipp Duncan England Simon Torn Frances Haigh Claire Vickers David Holmes Tricia Youtan

You are summoned to the meeting to transact the following business

Tom Crowley Chief Executive

AGENDA 1. Apologies for absence

2. To approve as correct the minutes of the meetings of the Committee held on 17th June 2014 and 1st July 2014 (attached)

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

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

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

Development Manager Appeals

Horsham District Council, Park North, Horsham, West Sussex RH12 1RL Tel: 01403 215100 (calls may be recorded) www.horsham.gov.uk Chief Executive - Tom Crowley

Applications for determination by Committee – Appendix A

Item Ward Reference Site No. Number

A1 Denne DC/13/2126 Bishops Weald House, Albion Way, Horsham

A2 Rusper and DC/14/0587 Part of land known as Blindmans Wood, Colgate Woodland Lane, Colgate

A3 Denne DC/14/0836 The Firs, Farthings Hill, Horsham

A4 Rusper and DC/13/2278 Land East of New Barn Farmhouse, Capel Road, Colgate Rusper

A5 Horsham DC/14/0958 Greenways Nursing Home, 171 Comptons Lane, Park Horsham

A6 Broadbridge DC/14/1024 Peugot Motor Company PLC, Kingfisher House, Heath Old Guildford Road, Broadbridge Heath

A7 Southwater DC/14/0986 Horsham Golf Park, Denne Park, Horsham

A8 Forest DC/14/0925 Tesco Express, 49 Brighton Road, Horsham

A9 Roffey North DC/13/1890 Land North of 23 and 28 Ringley Road

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

DCN140617

DEVELOPMENT CONTROL (NORTH) COMMITTEE 17th June 2014

Present: Councillors: John Bailey, Andrew Baldwin, John Chidlow, Roy Cornell, Christine Costin, Leonard Crosbie, Malcolm Curnock, Laurence Deakins, Ian Howard, David Jenkins, Liz Kitchen, Christian Mitchell, Josh Murphy, Godfrey Newman, Stuart Ritchie, David Sheldon, David Skipp, Simon Torn, Tricia Youtan

Apologies: Councillors: Peter Burgess, Helena Croft, Duncan England, Frances Haigh, David Holmes, Jim Rae, Claire Vickers

Also Present: Councillor Brian O’Connell

DCN/1 ELECTION OF CHAIRMAN

RESOLVED

That Councillor Liz Kitchen be elected Chairman of the Committee for the ensuing Council year.

DCN/2 APPOINTMENT OF VICE-CHAIRMAN

RESOLVED

That Councillor Roy Cornell be appointed Vice-Chairman of the Committee for the ensuing Council year.

DCN/3 TIME OF MEETINGS

RESOLVED

That all meetings of the Committee, including those dealing with strategic sites, be held at 5.30pm for the ensuing Council year. DCN/4 MINUTES

The minutes of the meeting of the Committee held on 13th May 2014 were approved as a correct record and signed by the Chairman.

DCN/5 INTERESTS OF MEMBERS

Member Item Nature of Interest Councillor Stuart DC/13/2408 Personal – he knows one of the Ritchie applicants and an objector to the application Councillor John DC/13/2081 Pecuniary – he is the owner of the Bailey site

Development Control (North) Committee 17th June 2014

DCN/6 ANNOUNCEMENTS

There were no announcements.

DCN/7 APPEALS

There were no appeals reported to the meeting.

DCN/8 PLANNING APPLICATION: DC/13/2408 – OUTLINE APPLICATION FOR THE ERECTION OF UP TO 165 RESIDENTIAL DWELLINGS (USE CLASS C3) INCLUDING AFFORDABLE HOUSING, A 60-BED CARE HOME (USE CLASS C2) WITH SEPARATE STAFF ACCOMMODATION, TWO NEW VEHICULAR ACCESSES, ASSOCIATED INFRASTRUCTURE, GROUNDWORKS, OPEN SPACE AND LANDSCAPING (OUTLINE) SITE: LAND NORTH OF OLD GUILDFORD ROAD BROADBRIDGE HEATH APPLICANT: GLEESON DEVELOPMENTS LTD AND TRUSTEES (Councillor Stuart Ritchie declared a personal interest in this application as he knew one of the applicants and an objector.)

The Development Manager reported that this application sought outline permission for the erection of up to 165 dwellings, including 40% affordable housing, comprising 19 one-bedroom flats, four 2-bedroom flats, five 2- bedroom bungalows, five 3-bedroom bungalows, 50 2-bedroom houses, 52 3-bedroom houses and 30 4-bedroom houses. There would also be a 60- bed care home with separate staff accommodation. The proposal included landscaping with informal play areas, general amenity space and some allotments.

There would be two new vehicular accesses from Old Guildford Road with all other matters reserved for future determination. The access to the west would be adjacent to Shelley Public House and cross a footpath to give access to ten bungalows. Access to the Care Home would be opposite Mulberry Gardens.

The application site was located to the north of Broadbridge Heath, outside and adjacent to the built-up area boundary, on the northern side of Old Guildford Road. There was a small stream to the north, with agricultural land and pockets of woodland beyond to the north and northeast. Swan Ken, a grade II listed building adjoined the site to the northwest. A tree belt ran along the eastern boundary within the curtilage of Mulberry Place, a grade II listed building. To the east there was an area of public open space known as The Common, together with residential dwellings within Forge Lane and Holland’s Field. There were residential properties and The Shelley Arms on the southern boundary. A small part of the site fronted directly onto Old Guildford Road.

2 Development Control (North) Committee 17th June 2014

DCN/8 Planning Application: DC/13/2408 (Cont.)

The site comprised two agricultural fields with a mix of tree and hedgerow along its boundaries. A public footpath ran from north to south, dividing the site between the residential C3 use to the west and the care home and bungalows (C2 use) to the east. Another public footpath crossed the site in an east/west direction to the north.

The National Planning Policy Framework 2012; National Planning Practice Guidance 2014; Local Development Framework Core Strategy Policies CP1, CP2, CP3, CP5, CP12, CP13 and CP19; Local Development Framework General Development Control Policies DC1, DC2, DC5, DC6, DC7, DC8, DC9, DC10, DC13, DC18, DC31 and DC40; Local Development Framework: Facilitating Appropriate Development Supplementary Planning Document (SPD); Local Development Framework: Planning Obligations SPD; Strategic Housing Land Availability Assessment ; Horsham District Landscape Capacity Assessment; Annual Monitoring Report (2012-13); and the Horsham District Planning Framework Preferred Strategy were relevant in the determination of this application.

There was no relevant planning history in relation to this site. The strategic allocated site, Land West of Horsham, which would comprise 2,000 homes, was to the south and southeast of Broadbridge Heath.

The responses from statutory internal and external consultees, as contained within the report, were considered by the Committee. In particular the comments from the Highway Authority and the Design & Conservation Officer were noted. Broadbridge Heath Parish Council, Slinfold Parish Council and Warnham Parish Council all objected to the application. 109 letters of objection, and a petition of in excess of 740 signatures objecting to the proposal had been received. Horsham Society had also objected to the proposal.

Three members of the public spoke in objection to the application and the applicant’s agent addressed the Committee in support of the proposal. A representative of the Parish Council spoke in objection to the application.

Members considered whether the principle of development outside the built- up boundary was acceptable on this site, given local and national policies in favour of sustainable development and the current lack of a five year housing land supply.

The volume of objections raised by residents and the Parish Councils were noted and discussed in the context of permitted development on the strategic site on land south of Broadbridge Heath, and the proposed development north of Horsham within the Horsham District Planning Framework Proposed Submission. Members discussed the cumulative impact on the area and were concerned that the proposal would lead to the urbanisation of a rural Parish.

3 Development Control (North) Committee 17th June 2014

DCN/8 Planning Application: DC/13/2408 (Cont.)

Members considered that the countryside location was of high amenity value to residents of Broadbridge Heath and the development of the site would lead to the loss of a significant open recreational space.

Members considered the impact of the proposal on the character and appearance of the surrounding rural area, particularly views from the public footpath through the site, and nearby listed buildings, in particular its impact on the setting of Swan Ken, a Grade II listed building adjacent to the site.

Members discussed their concerns regarding drainage of the site and were advised that details of proposed means of foul and surface water disposal would have to be approved by the Local Planning Authority in consultation with Southern Water.

Members discussed the proposed new accesses to the site and the impact of the development on traffic volumes in the vicinity. The concerns of the Highway Authority were noted and the current layout of the Farthing Hill roundabout and pedestrian and cycle movements were discussed.

Members considered that, on balance and after careful assessment of all the relevant material considerations, the impact of the proposal on the rural landscape in this countryside location, the harm that it would cause to the setting of the adjacent listed building, and the cumulative impact of the additional housing on the existing highway infrastructure would outweigh the benefits. Members therefore concluded that the proposal was unacceptable.

RESOLVED

That application DC/13/2408 be refused for the following reasons:

01 The proposed development, by reason of its indicative siting, size, scale, height, density, form and character would result in cumulative adverse landscape character impacts on the site and its immediately predominant rural surroundings, together with adverse visual impact on users of a well utilised local footpath network with attractive outward views to the wider countryside compromised, and would therefore amount to an unsustainable form of development in a countryside location, contrary to policies CP1 and CP3 of the Core Strategy, policies DC1, DC2 and DC9 of the General Development Control Policies (2007) and para 64 of the NPPF.

4 Development Control (North) Committee 17th June 2014

DCN/8 Planning Application: DC/13/2408 (Cont.)

02 The proposed development, by reason of the size, scale and proximity of the development would cause irreversible harm to the setting and therefore the significance of a Grade II listed building, Swan Ken, and there are insufficient public benefits that would outweigh the identified harm whilst having regard to the desirability to preserve and enhance the setting of a listed building, contrary to policy DC13 of the General Development Control Policies (2007) and paragraph 134 of the NPPF.

03 The proposed development, by reason of the cumulative increase in vehicle movements arising from this development and other committed developments in Broadbridge Heath, and the lack of sufficient highway infrastructure being in place, would have a prejudicial effect on highway safety and capacity, contrary to policy DC40 of the General Development Control Policies (2007).

04 In the absence of a completed legal agreement, the development fails to secure the required affordable housing provision and the necessary planning contributions to mitigate its own impact on transport, education, health services, fire and rescue infrastructure, open space and recreation, community facilities, and libraries, contrary to policies CP12 and CP13 of the Core Strategy (2007).

DCN/9 PLANNING APPLICATION: DC/14/0109 – APPROVAL OF RESERVED MATTERS FOR THE ERECTION OF 70 RESIDENTIAL UNITS (46 PRIVATE AND 14 AFFORDABLE HOUSING UNITS) COMPRISING 2 X 2 BED FLATS, 11 X 2 BED HOUSES, 42 X 3 BED HOUSES, 15 X 4 BED HOUSES, LANDSCAPING, HIGHWAYS, PARKING AND ASSOCIATED WORKS PURSUANT TO APPROVED OUTLINE PLANNING APPLICATION DC/09/2101 (ERECTION OF 963 RESIDENTIAL UNITS AND OTHER ASSOCIATED DEVELOPMENT) SITE: LAND SOUTH OF BROADBRIDGE HEATH, OLD WICKHURST LANE, BROADBRIDGE HEATH APPLICANT: DAVID WILSON HOMES LTD

The Development Manager reminded Members that, in October 2011, outline planning permission had been granted for the development of 57 hectares of land to the south of Broadbridge Heath for 963 residential units (DC/09/2101), which formed part of the strategic development of land as set out in the Horsham District Council: Land West of Horsham Masterplan. 5 Development Control (North) Committee 17th June 2014

DCN/9 Planning Application: DC/14/0109 (Cont.)

The Development Manager reported that this reserved matters application sought permission for the development of Parcel 6 of the residential development comprising 70 dwellings, including 14 affordable units. Access, internal circulation routes, street landscaping, layout and scale were all included in the proposal.

Market housing comprised: one 2-bedroom FOG (flat over garage), one 2- bedroom house, 39 3-bedroom houses and 15 4-bedroom houses. Affordable units comprised one 2-bedroom FOG, ten 2-bedroom houses and three 3-bedroom houses. There would be 159 allocated car parking spaces, including 49 garages, and an additional 17 visitor parking spaces.

The site was located approximately 2.3 kilometres west of Horsham Town Centre, to the west of the A24 and was bounded by the A264 to the northwest, the River Arun to the south-west and the railway line to the south-east.

This phase of development was located in the centre of the strategic development, within Character Area 4, to the north of the new East-West link road. Whilst there would be no open space provision in this parcel of development, the site was adjacent to an open space with play area to the northwest. Directly to the north 320 dwellings had been approved (DC/12/2202). Mill Lane bridleway was to the west of the site and provided a pedestrian and cycle route to Broadbridge Heath to the north and the countryside to the south.

The National Planning Policy Framework 2012; Planning Practice Guidance 2014; Local Development Framework Core Strategy Policies CP1, CP2, CP3, CP5, CP7, CP12, CP13 and C19; Local Development Framework General Development Control Policies DC1, DC2, DC5, DC6, DC7, DC8, DC9, DC18 and DC40; Land West of Horsham Masterplan SPD; Land West of Horsham Design Principles and Character Areas SPD; and the Horsham District Planning Framework Preferred Strategy were relevant to the determination of this application.

Relevant planning history included:

DC/08/2446 Mixed use development comprising up to Withdrawn 1,013 residential units (Class C3), a primary school (Class D1); a neighbourhood centre including doctors surgery (Class D1), 6 No.flexible business/retail units (Class B1/A2/A1), a parish office (Class B1), a public house/restaurant (Class A4/A3) and associated car parking; open space including sports pitches and changing facilities (Class D2); allotments; and associated landscaping and infrastructure works.(Outline) 6 Development Control (North) Committee 17th June 2014

DCN/9 Planning Application: DC/14/0109 (Cont.)

DC/08/2447 Highway infrastructure work incorporating Withdrawn new grade separated junction on A24 south of Farthings Hill; new east-west link road between Five Oaks Road and the A24; and realignment and downgrading of existing A264 Broadbridge Heath by-pass (Outline).

DC/09/2101 Erection of 963 residential units, community Granted facility including land for a primary school, neighbourhood centre, youth and recreational facilities, other formal and informal open space, landscaping and environmental works, transport and access arrangements, new east-west link road, improvements to Five- Oaks roundabout, realignment and partial closure of existing A264 Broadbridge Heath by-pass and other ancillary works (Outline) DC/11/2059 Details of the first phase infrastructure works Granted pursuant to outline DC/09/2101, comprising details of new roundabout on Five Oaks Road, western part of the 40mph dual carriageway from Five Oaks Road to the new A24 junction, on site development roads to serve the first residential phases, Pegasus crossing and pedestrian/cycle crossings, new access to Newbridge Nurseries, access to Heath Barn Farm site, bus stops, foul pumping station and surface water drainage (Approval of Reserved Matters) DC/11/2074 Development of 105 residential units, Granted including 21 affordable housing units, open space, internal circulation routes, landscaping and associated works pursuant to outline permission DC/09/2101 (Approval of Reserved Matters) DC/12/0814 Part A - Reserved Matters approval for Granted residential development of 135 houses (consisting of 33 x 2-bed, 34 x- 3-bed and 68 x 4-bed) and landscaping and: Part B - temporary approval for sales and marketing suite comprising plots 1, 2 and 3

7 Development Control (North) Committee 17th June 2014

DCN/9 Planning Application: DC/14/0109 (Cont.)

DC/12/1255 Details of second phase infrastructure works Granted pursuant to outline application DC/09/2101 comprising the eastern section of the 40mph dual carriageway from a point east of the traffic light junction (i.e. the boundary of the first phase infrastructure application) to the new A24 junction to include footpaths, grass verges, acoustic treatment and planting in part of the central; refuge; the western section of the new A24 junction; on site development roads needed to serve the remaining residential phases; surface water drainage system including balancing attenuation features and below ground storage; associated foul drainage recreational open spaces, earthworks and services DC/12/1651 Development of 101 residential units, Granted including 20 affordable housing units (20%), the creation of public and private amenity space, incidental public open space, internal circulation routes, landscaping and associated works (Approval of Reserved Matters) DC/12/2202 Approval of reserved matters for the erection Granted of 320 residential units (256 private and 64 affordable housing units) comprising 101 x 2- bed, 165 x 3-bed and 54 x 4-bed houses/flats, landscaping, highways, parking and associated works pursuant to approved outline planning application DC/09/2101 (Erection of 963 residential units and other associated development)

The responses from statutory internal and external consultees, as contained within the report, were considered by the Committee. The Parish Council raised no objection, but raised a number of areas of concern. There had been no public or third party representations received.

Members noted that officers had identified matters of concern within the original application, including those raised by the Parish Council, and negotiated amendments with the applicant to address those concerns. In particular the provision of additional visitor parking spaces; minor amendments to house design features and mix of sizes; increased widths of pavements; amendments to street landscaping; and an amendment to the red line boundary of the site to include Primary Street and associated landscaping of that road.

8 Development Control (North) Committee 17th June 2014

DCN/9 Planning Application: DC/14/0109 (Cont.)

Members considered the key issues presented by the application, including site layout and appearance, housing mix, access and highway safety, landscaping and drainage strategies. Members considered that the proposal was of acceptable design and in keeping with previously approved areas of the strategic development.

It was noted that a site-wide drainage strategy had been approved with the outline permission and a condition would be included to ensure that the proposal was compliant with the approved strategy.

It was noted that the shared surface streets within the development would not be adopted as Public Highway, and that the streets had been designed to prevent vehicles from excessive speeding.

The ability of recycling and refuse vehicles to access the streets so that residents would not be required to move their bins an unacceptable distance was questioned. It was agreed that Condition 11 would be amended to address this concern.

Members considered that the proposal was consistent with the principles set out within the outline planning application, the Character Area 4 design guidance, and the provisions within the legal agreement and agreed that the application was acceptable in principle.

With regards to Affordable Housing, Members noted that the tenure mix of 57% affordable rented and 43% shared ownership units failed to meet provisions within the legal agreement, and it was agreed that this should be re-negotiated by the Housing Manager to secure an acceptable tenure mix during the determination of the application.

RESOLVED

That application DC/14/0109 be determined by the Development Manager to allow for the tenure mix of affordable housing to be renegotiated to accord with the outline permission legal agreement. The preliminary view of the Committee was that the application should be granted.

DCN/10 PLANNING APPLICATION: DC/14/0359 – REDEVELOPMENT OF 92 - 98 HURST ROAD TO FORM 32 SHELTERED APARTMENTS FOR THE ELDERLY INCLUDING COMMUNAL FACILITIES, ACCESS, CAR PARKING AND LANDSCAPING SITE: 92 HURST ROAD, HORSHAM APPLICANT: CHURCHILL RETIREMENT LIVING

Item withdrawn from the agenda.

9 Development Control (North) Committee 17th June 2014

DCN/11 PLANNING APPLICATION: DC/14/0154 – PROPOSED NEW VEHICULAR ACCESS FROM ALBION WAY INTO THE EXISTING SEMI BASEMENT OF LINDEN HOUSE. DEMOLITION OF EXISTING EXTERNAL FIRE ESCAPE AND ASSOCIATED STEPS. INSTALLATION OF NEW GLAZING AND PANELS ON NORTH WEST ELEVATION. NEW WALL, PIERS, METAL GATES AND PEDESTRIAN PASS DOOR SITE: LINDEN HOUSE, CHART WAY, HORSHAM APPLICANT: ARLO (UK) LIMITED

The Development Manager reported that this application sought permission for a new access point from Albion Way. The vehicular access would be a ‘left in, left out’( LILO) priority junction and serve the building directly from Albion Way. The access would lead to the semi basement parking area under the building.

The application had been considered by the Committee in April 2014, when it had been deferred to obtain further clarification from the Highway Authority, who had not objected to the scheme, and to consider the findings of the route assessment study that related to planning approval DC/13/1599. (Minute No. DCN/131 (01.04.14) refers).

The application site was located at the corner of Chart Way and Albion Way and included a 3-storey office building which had been vacant since March 2007. The site currently shared an access off Madeira Avenue, via a gate control system, with County Hall North and the RSA buildings in St Marks Court.

Members were referred to the previous report which contained details of the location, relevant policies, planning history, the outcome of consultations and a planning assessment of the proposal.

Since the application had been previously considered, one letter of comment had been received. A member of the public and a representative of Denne Neighbourhood Council spoke in objection to the application

Members were advised that the route assessment study that related to planning approval DC/13/1599 had not been carried out; the contribution towards its undertaking, secured through a legal agreement, would not be payable until the implementation of that planning permission.

A representative of West Sussex County Council Highway Authority answered Members’ questions regarding the use of Madeira Road assess, the traffic survey which had been carried out, and the methodology used in determining details of design. It was noted that there would be a detailed design audit of the proposed new junction, followed by Stage 2 and Stage 3 safety audits. With regards to the traffic survey, Members were advised that

10 Development Control (North) Committee 17th June 2014

DCN/11 Planning Application: DC/14/0154 (Cont.)

the timing of the survey outside peak travel times did not affect its findings, which were focussed on design and causation matters.

Whilst some Members remained concerned by potential road safety issues, it was acknowledged that expert opinion, founded on technical assessment, had raised no objection to the proposal on safety or traffic management grounds.

In conclusion, and in the light of that expert opinion, Members considered that the proposal was acceptable in principle. It was requested that signage to alert drivers to the new junction should be included in the design.

RESOLVED

That application DC/14/0154 be determined by the Development Manager, following the expiration of the statutory notification period and subsequent consideration of comments received, and to allow for the framing of an additional condition regarding road signage. The preliminary view of the Committee was that the application should be granted.

DCN/12 PLANNING APPLICATION: DC/13/2081 – RETROSPECTIVE CHANGE OF USE OF THE EXISTING BUILDING FROM A B8 (WAREHOUSE AND DISTRIBUTION USE) TO A MIXED USE INTRODUCING B2 (GENERAL INDUSTRIAL USE) AND SUI-GENERIS USE (CAR VALETING) FOR A TEMPORARY PERIOD OF 3 YEARS, AFTER WHICH THE MIXED USE WILL CEASE AND THE BUILDING WILL REVERT BACK TO A B8 (DISTRIBUTION AND WAREHOUSE) USE ONLY. SITE: RUDGWICK METALS LIMITED, ADJACENT THE OLD PARSONAGE, HIGHCROFT DRIVE, RUDGWICK APPLICANT: MR ALEXANDER HAYNES (Councillor John Bailey declared a personal and prejudicial interest in this item as he was the owner of the site. He withdrew from the meeting and took no part in the determination of this item.)

The Development Manager reported that the application sought retrospective planning permission for the temporary change of use of the building from lawful B8 use (warehouse and distribution) connected with Rudgwick Metals Limited, to a B2 use (general industrial – car servicing and repairs). The change of use would be for a further three years from the date of any permission granted.

Members were advised that the B1 use referred to in the report did not relate to the building, but to other land outside the red-line only. Members were

11 Development Control (North) Committee 17th June 2014

DCN/12 Planning Application: DC/13/2081 (Cont.)

also advised that the sui-generis use referred to in the report had ceased and was no longer relevant in the determination of the application.

There had been an enforcement investigation into the unauthorised use of the workshop/ warehouse for a B2 (general industrial use). This enforcement investigation had led to the current application.

The site was located in the countryside, adjacent to Rudgwick, and comprised a timber-clad building used by Rudgwick Metals. There was an area of hard-standing in front of the building, which was used as a turning area for vehicles. The access, which was shared by residential properties adjacent to the site and incorporated the private road of Highcroft Drive, ran to the south of the building.

The National Planning Policy Framework 2012; National Planning Practice Guidance 2014; Local Development Framework Core Strategy Policies CP1, CP2, CP3, CP4, CP15 and CP19; Local Development Framework General Development Control Policies DC1, DC2, DC9, DC24 and DC40; and the Horsham District Planning Framework Preferred Strategy were relevant in the determination of this application.

Relevant planning history included:

RW/7/92 Certificate of Lawful Established Withdrawn Use/Development (CLEUD) relating to the use of the land for industrial / storage RW/64/92 CLEUD for the purposes of storage of Granted metals only RW/72/93 CLEUD for use of the building for the Granted distribution of metals, specialist metals and plastics for engineering applications and the storage of up to three 7.5 ton vehicles

RW/72/00 Extension of workshop/warehouse and Granted relocation of office within a building at Windacres Farm DC/13/0955 Removal of Condition 13 of planning Pending permission RW/72/00 Consideration

Application DC/13/0955, which was directly related to the current application, was a retrospective application that sought the removal of Condition 13, which imposed a use class restriction. The condition restricted use of the building to Rudgwick Metals only; the current unauthorised use was by Talon Motors, the business run by the applicant. Members were advised that this application had been found to be invalid and could not be considered at present. 12 Development Control (North) Committee 17th June 2014

DCN/12 Planning Application: DC/13/2081 (Cont.)

The responses of the Council’s Environmental Health Department and the Highway Authority, as contained within the report, were considered by the Committee. The Parish Council objected to the application. Nine letters of objection to the proposal had been received. Two Members of the public spoke in objection to the proposal, and the applicant addressed the Committee in support of the proposal.

Members considered the principle of the proposal. Whilst the applicant had traded there for a number of years, and the proposal would support business in a rural location, it was also considered that the proposal would not conserve and enhance the natural environment.

Members noted concerns regarding noise and disturbance generated by a B2 use and its impact on neighbouring residents. In light of these concerns and the nature and location of the business, a Noise Impact Assessment had been requested to show the level of impact and any mitigation measures. The applicant had not supplied an impact assessment and it could not therefore be demonstrated that the proposal would not result in a significant adverse impact on the amenity of neighbouring residents.

Members considered that the proposal was an unsustainable form of development within a rural area contrary to local and national policies and was therefore unacceptable.

RESOLVED

(i) That application DC/13/2081 be refused for the following reason:

01 The application, by reason of the lack of any evidence to demonstrate that the noise generating uses for which retrospective permission is hereby being sought would not result in a significant adverse impact on the amenity of neighbouring residential properties or that such noise levels can be adequately attenuated to a satisfactory level, amounts to an unsustainable form of development within a rural area contrary to local plans policies: CP2, CP3 and DC9 of the Horsham District Council Local Development Framework (2007), and paragraphs 7, 14, 17, 28 and 109 of the Framework (2012).

(ii) That formal action be taken, in the form of an Enforcement Notice, to gain the cessation of the unauthorised B2 (motor repair) use.

13 Development Control (North) Committee 17th June 2014

DCN/13 PLANNING APPLICATION: DC/14/0665 – ERECTION OF 14 DWELLINGS (6 X 2-BED FLATS AND 8 X 2-BED HOUSES) WITH NEW VEHICULAR ACCESS, ASSOCIATED CAR PARKING AND LANDSCAPING (AMENDMENTS TO DC/12/0744) SITE: SITE OF 2A LITTLEHAVEN LANE AND 105 TO 113 ODDS, CRAWLEY ROAD, HORSHAM APPLICANT: GUINNESS SOUTH LTD

The Development Manager reported that this application sought full planning permission for the erection of fourteen dwellings with new access, car parking and landscaping. There would be eight 2-bedroom two storey houses and a two storey block of six 2-bedroom apartments. The houses would form four pairs of semi-detached properties, fronting onto Littlehaven Lane. The apartment block would occupy a corner position, fronting Littlehaven Lane and Crawley Road.

Vehicular access would be onto Crawley Road and lead to a parking area with 21 spaces to the rear of the site. This would also provide rear access to existing properties fronting onto Crawley Road.

The application site was located directly to the east of Littlehaven Lane and the north of Crawley Road, on a corner plot. It was adjacent to residential properties at 2 Littlehaven Lane and 115 Crawley Road and occupied part of the rear garden areas of numbers 115 and 117 Crawley Road. The site had previously comprised five dwellings and some commercial use, which had been vacant for some time. The site had been cleared and the initial setting out of the new dwellings, approved under DC/12/0744 had commenced.

Relevant planning history included:

DC/12/0744 Demolition of 2a Littlehaven Lane, 105, 105a, Granted 109, 111 and 113 Crawley Road and ancillary buildings and the erection of 14 dwellings (2 x 1-bed and 12 x 2-bed) with new vehicular access, associated car parking and landscaping

The current scheme differed from DC/12/0744 in that the units were all 2- bedroom, and all the units would be provided for affordable rent.

14 Development Control (North) Committee 17th June 2014

DCN/13 Planning Application: DC/14/0665 (Cont.)

The responses from statutory internal and external consultees, as contained within the report, were considered by the Committee. In response to concerns raised by Sussex Police Crime Prevention Design Advisor, access from Crawley Road to the parking court would be via an electronic gate system. It was also reported that a condition regarding obscured glazing would be included to ensure there was no detrimental impact on the amenity of adjacent residents. Visitor parking provision would exceed the standard level due to the lack of parking available in the locality. The Parish Council raised no objection to the application. One letter of comment had been received.

Members considered that the principle of the development, on previously developed land within the built-up area of Horsham, had been established with the granting of previously approved scheme DC/09/2355 (Minute No. DCN/17 (03.07.12) refers). The proposal would not appear significantly different to that which had previously been allowed and would have no detrimental impact on the surrounding street scene or the amenity of neighbouring occupiers.

The Highway Authority had raised no objection and there were no significant highway implications that would result from the development. It was noted that details of the new vehicular access onto Crawley Road, including its visibility splays, would be secured through Condition 9.

Members were advised that, whilst infrastructure contributions required under the previously approved scheme had already been paid, a legal agreement would be required to secure the affordable housing provision, and to implement the removal of an existing parking bay so that the visibility splays at the access junction onto Crawley Road could be implemented.

Members welcomed the provision of 100% affordable rented dwellings, which had been made possible through a grant of £700,000 from the Council’s commuted sums awarded to the applicant.

Members considered the proposal to be of significant benefit to the local community in providing secure homes for those in need.

RESOLVED

(i) That a legal agreement be entered into to secure the 100% affordable rent housing provision, and to implement changes to the existing parking bay.

(ii) That upon completion of (i) above, application DC/14/0665 be determined by the Development Manager. The preliminary view of the Committee was that the application should be granted.

15 Development Control (North) Committee 17th June 2014

DCN/14 PLANNING APPLICATION: DC/14/0476 – ERECTION OF UNITS FOR CLASS B2 (6695 SQM) AND CLASS B8 (8185 SQM) USES FROM OUTLINE APPLICATION DC/09/2355 (APPROVAL OF RESERVED MATTERS) SITE: WEALDON, LANGHURST WOOD ROAD, HORSHAM APPLICANT: MR RAY FOSS

The Development Manager reported that this application sought approval of reserved matters (access, appearance, landscaping, layout and scale) relating to Outline permission DC/09/2355 for the erection of two buildings for Class B2 and Class B8 purposes. This permission had been granted on appeal having been refused on the grounds that the additional HGV traffic movements would have a significantly adverse impact on residents living on Langhurst Wood Road.

The application adhered to the conditions set out in a unilateral agreement that had been supplied by the applicant and approved by the appeal inspector. Under the terms of the unilateral agreement, before any demolition work could commence details of the following would need to be submitted and approved: landscaping; noise insulation; construction management; land contamination; and screening and junction improvements where the access road meets Langhurst Wood Road.

A separate application had also been made to West Sussex County Council concurrent to this reserved matters application which proposed a Waste Transfer Facility. The site was part of a larger land allocation given over for Waste Management Development in the emerging West Sussex Waste Local Plan. In addition to the West Sussex Waste allocation the site was within the Site Specific Allocations of Land (2007) document as part of a wider mixed use redevelopment scheme including B2 and B8 uses.

The application site was outside the built-up area one kilometre north of the A264, with the village of Warnham approximately 1.5 kilometres to the south west and Kingsfield approximately two kilometres to the northwest. The site had formerly been part of the Warnham and Wealdon brickworks.

The London to Portsmouth railway line was to the west of the site and to the south and east there were roads serving the Biffa Landfill site to the north and to the Warnham Brickworks to the south. A recently developed Mechanical Biological Treatment (MBT) plant lay to the east. Access to the site was via a shared estate road which ran east/west onto Langhurst Wood Road. There were two ponds along the northern boundary of the site.

There was a large industrial building and a smaller single storey brick building on the site which had been unoccupied for five years and would be removed as part of the outline planning permission. There were a number of detached houses immediately to the south of the site entrance off

16 Development Control (North) Committee 17th June 2014

DCN/14 Planning Application: DC/14/0476 (Cont.)

Langhurst Wood Road and a terrace of dwellings adjacent to Warnham railway station.

The site was within the Low Weald Landscape Character Area as defined by Natural England. The site was generally flat and lower than the surrounding area and this, together with the trees, limited views of the site from the surrounding public footpaths.

The National Planning Policy Framework 2012; National Planning Practice Guidance 2014; Local Development Framework Core Strategy Policies CP2, CP3, CP10 and CP11; Local Development Framework General Development Control Policy DC9; the Local Development Framework Site Specific Allocations of Land AL14; and the Horsham District Planning Framework preferred strategy were relevant to the determination of this application.

Relevant recent planning history included:

DC/09/2355 Outline application for the erection of units for Refused Class B2 (6695 sqm) and Class B8 (8185 Appeal sqm) Uses Allowed DC/06/1147 Variation of condition 3 of planning Granted permission NH/62/91 to extend the use of the existing landfill operation NH/103/95 Inspection gantry & enviromental control Granted compound with associated leachate & gas collection pipework DC/05/0666 Bank holiday opening hours planning Granted application for variation of condition 1 of permission NH/54/94 DC/06/2919 Construction and operation of a materials re- Granted cycling facility including offices and visitor centre, an anaerobic digestion plant and extension to an existing landfill site and ancillary infrastructure

Whilst concerns regarding development on the rural road and its impact on the amenity of neighbouring occupiers were noted, Members acknowledged that the principle of the development had been established when outline permission had been granted on appeal.

17 Development Control (North) Committee 17th June 2014

DCN/14 Planning Application: DC/14/0476 (Cont.)

Details provided on access, appearance, landscaping, layout and scale were considered to be acceptable, and the proposed B2 and B8 uses were consistent with uses on the wider allocated site. Members noted that the proposal accorded with the land use allocation for this site within the Council’s Site Specific Allocations of Land Document Policy AL14 and would bring a derelict brownfield site back into employment use, thus providing local employment opportunities.

Members discussed concerns regarding the capacity of the surrounding road infrastructure, in particular the access junction with Langhurst Wood Road. Whilst concerns regarding the impact of additional HGV traffic movements remained, it was noted that under the terms of the unilateral undertaking the A264 junction would be widened, the vehicle access to the site would be improved prior to the commencement of the development, and HGVs would be required to arrive and depart from the south only, via the A264, rather than through Rusper.

Members concluded that the proposal was acceptable.

RESOLVED

That application DC/14/0476 be granted subject to the following conditions:

01 The development shall be carried out strictly in accordance with the application plans, drawings and documents hereby approved and as detailed below:

Existing Location Plan 001/P0, Proposed Site Plan 002 Rev P0, Block Plan Rev 003 P0, Elevations Plan 004 Rev P0, Elevations Plan 005 Rev P0, Site Plan Acc1, Landscaping Plan WB L/6, Habitat Plan 9/1, Design and Access Statement Ref 416.0125.00002, Landscape Proposals and Aftercare Details Ref. 01258.00002, Planning Statement Ref. 416.01258.00002 & Additional Notes Table 9.1

02 As part of any discharge of Condition 10 of the outline planning permission Ref. DC/09/2355 relating to details of landscaping, full details of hard and soft landscaping works shall be submitted to and approved in writing by the Local Planning Authority. These details shall be submitted concurrently as a complete scheme, unless otherwise agreed with the Local Planning Authority, and shall comprise:

18 Development Control (North) Committee 17th June 2014

DCN/14 Planning Application: DC/14/0476 (Cont.)

· Planting and seeding plans and schedules specifying species, planting size, densities and plant numbers; · Tree pit sizes and staking/underground guying details; · A written specification (National Building Specification compliant) of planting (including ground preparation, cultivation and other operations associated with plant and grass establishment) and hard works; · Hard surfacing materials: layout, colour, size, texture, coursing and levels.

The approved scheme shall be implemented in full accordance with these details. 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. Any plants which within a period of 5 years die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

03 Prior to the commencement of development details of all underground trenching requirements for services, including the positions of soakaways, service ducts, foul, grey and storm water systems and all other underground service facilities, and required ground excavations there for, shall be submitted to and approved by the Local Planning Authority in writing. These details shall demonstrate effective coordination with the landscape scheme submitted pursuant to condition. All such underground services shall be installed in accordance with the approved details.

04 Notwithstanding Plan D126663/002 which shows a conveyor belt feature running across the site and which was included in this application for information purposes no such feature shall be built or erected on the site as part of this approval of details permission.

19 Development Control (North) Committee 17th June 2014

DCN/14 Planning Application: DC/14/0476 (Cont.)

05 Prior to the commencement of development, including any works of demolition, until a Construction Management Plan has been submitted to and approved, in writing, by the Local Planning Authority. Thereafter the approved Plan shall be implemented and adhered to throughout the entire construction period. The Plan shall provide details as appropriate, but not necessarily be restricted to, the following matters:

· the anticipated number, frequency and types of vehicles used during construction; · the method of access and routing of vehicles during construction; · the parking of vehicles by site operatives and visitors; · the loading and unloading of plant, materials and waste; · the storage of plant and materials used in construction of the development; · the provision of wheel washing facilities and other works required to mitigate the impact of construction upon the public highway (including the provision of temporary Traffic Regulation Orders); · measures to control the emission of dust and dirt during demolition and construction, · lighting for construction and security; · details of public engagement both prior to and during construction works.

REASON

01 The proposed development accords with the existing land use allocation for this site within the Council’s Site Specific Allocations of Land Document Policy AL14 and will bring a derelict brownfield site back into employment use.

02 The detail provided on access, appearance, landscaping, layout and scale accords with relevant Development Plan policies on new development, employment sites and environmental quality.

20 Development Control (North) Committee 17th June 2014

DCN/14 Planning Application: DC/14/0476 (Cont.)

03 The proposed operations are consistent with the other adjacent uses on the wider allocated site. The physical works will largely be screened from any external vantage points by existing and proposed planting.

04 The development will provide local employment opportunities.

The meeting closed at 8.52pm having commenced at 5.30pm.

CHAIRMAN

21 Development Control (North) Committee 17th June 2014

22 DCN140701

DEVELOPMENT CONTROL (NORTH) COMMITTEE 1st July 2014

Present: Councillors: Liz Kitchen (Chairman), Roy Cornell(Vice-Chairman), John Bailey, Peter Burgess, Christine Costin, Helena Croft, Leonard Crosbie, Malcolm Curnock, Duncan England, Frances Haigh, David Holmes, Ian Howard, David Jenkins, Christian Mitchell, Jim Rae, Stuart Ritchie, David Sheldon, David Skipp, Tricia Youtan

Apologies: Councillors: Andrew Baldwin, John Chidlow, Laurence Deakins, Josh Murphy, Godfrey Newman, Simon Torn, Claire Vickers

DCN/15 MINUTES

The minutes of the meeting of the Committee held on 17th June 2014 would be approved at the next meeting of the Committee.

DCN/16 INTERESTS OF MEMBERS

Member Item Nature of Interest

Councillor Ian DC/13/1412 Personal & prejudicial – he is a Howard sports coach at Christ’s Hospital School Councillor Leonard DC/14/0359 Personal & prejudicial – he is related Crosbie to a nearby neighbour

DCN/17 ANNOUNCEMENTS

There were no announcements.

DCN/18 APPEALS

Notice concerning the following appeals had been received:

Appeals Lodged Written Representations/Household Appeals Service

Ref No Site Appellant(s)

DC/13/0988 Upper Swaynes Barn, Guildford Mr J Haswell Road, Rudgwick DC/13/2180 The Lodge, Southbourne Court Mr & Mrs C J Nicholl Farm, Polecat Lane, Copsale DC/14/0008 Woodbank, Hammerpond Road, Mrs Valerie Keating Plummers Plain, Horsham DC/13/2261 Robinswood, Church Lane, Serena Rice Broadbridge Heath Development Control (North) Committee 1st July 2014

DCN/18 Appeals (Cont.)

Informal Hearings

Ref No Site Appellant(s) Decision

DC/12/0877 Linden House, Chart Way, Arlo (UK) Ltd Pending Horsham DC/13/0103 Buchan Hill Reservoir (land Rural Eco Ltd & Dismissed south of), Buchan Hill, Hyde Housing Pease Pottage Association

Members were advised that the main grounds for refusal of DC/13/0103 had been: impact on landscape character; inadequate accessibility; and impact on the ancient woodland.

Appeal Decisions

Ref No Site Appellant(s) Decision

DC/13/0255 92 Hurst Road, Horsham Churchill Dismissed Retirement Living DC/12/1810 Harwood House, Croudace Homes Dismissed Kings Road, Horsham Ltd

DCN/19 PLANNING APPLICATION: DC/13/1412 – A HYBRID PLANNING APPLICATION COMPRISING: A DETAILED APPLICATION FOR THE CONVERSION OF THE GOODS YARD BUILDING FOR THE DEVELOPMENT OF RESIDENTIAL UNITS AND ASSOCIATED ACCESS, CAR PARKING, LANDSCAPING AND ANCILLARY WORKS. AN OUTLINE APPLICATION FOR RESIDENTIAL DEVELOPMENT OF UP TO 40 UNITS INCLUDING EXTENDED STATION CAR PARK, NEW ROADWAYS AND FOOTPATHS AND ASSOCIATED LANDSCAPING SITE: OLD GOODS YARD, CHRIST’S HOSPITAL, HORSHAM APPLICANT: MR FRANCIS PULVERMACHER (CHRIST’S HOSPITAL FOUNDATION) (Councillor Ian Howard declared a personal and prejudicial interest in this application as he was a sports coach at Christ’s Hospital School. He withdrew from the meeting and took no part in the determination of the item.)

The Development Manager reported that this application sought outline permission for up to 40 dwellings on land served by an access from King Edward Close. Matters for consideration in this outline element of the proposal were the principle of the development and access. Appearance, landscaping, layout and scale would be reserved for future determination.

2 Development Control (North) Committee 1st July 2014

DCN/19 Planning Application: DC/13/1412 (Cont.)

The proposed access from King Edward Close would be the only vehicular point connecting the site with the public highway, with the exception of six houses that would be served by the existing access onto Station Road.

The proposal also included the conversion of a goods yard building (which was not part of the outline proposal), at the northern end of the application site, to provide seven residential flats, which would be served by the Station Road access.

Indicative plans for the outline element showed detached and semi- detached properties in closest proximity to the southern access with King Edward Close, and two rows of small terraced properties in the central part of the site. A play area and a block of woodland were also included in the indicative plans.

There would be seven residential units in the former goods yard building and up to 40 units on land served from King Edwards Close. The application proposed an indicative tenure mix of 32 market and 15 social rented units, with unit sizes to include: four 1-bedroom units; 16 2-bedroom units; 13 3- bedroom units; and four 4-bedroom units.

There would be eleven parking spaces servicing the seven units included in the detailed element of the scheme. The outline proposal indicated that there would be 86 spaces for the other units. The proposal also included the provision of an extension to the station car park that would provide 50 additional parking spaces.

The application site was within the Category 2 settlement of Christ’s Hospital, with the railway line running along its long north-western boundary, and Station Road to the east. The site was wooded to the south and east, and a Tree Preservation Order protected the site. A public right of way ran along the site, on a south-west/ north-east axis. The old goods yard building, which had been used for storage since the 1960s, was at the north of the site.

To the south was the residential development of King Edward Close, comprising detached and semi-detached houses of low-medium density. Christ’s Hospital Station was to the north and the site bordered the main station car park.

The National Planning Policy Framework 2012; National Planning Practice Guidance 2014; Local Development Framework Core Strategy Policies CP1, CP2, CP3, CP5, CP11, CP12, CP13 and CP19; Local Development Framework General Development Control Policies DC2, DC5, DC6, DC7, DC8, DC9, DC18, DC19 and DC40; the Horsham District Planning Framework Preferred Strategy; and Local Development Framework Planning

3 Development Control (North) Committee 1st July 2014

DCN/19 Planning Application: DC/13/1412 (Cont.)

Obligations Supplementary Planning Document (SPD) were relevant in the determination of this application.

There was no recent relevant planning history in relation to this site.

The responses from statutory internal and external consultees, as contained within the report, were considered by the Committee. In particular it was noted that the Highway Authority raised no objection. It was noted that the legal agreement had still to be drafted. The Parish Council objected to the application. Fifteen letters of objection had been received. The applicant addressed the Committee in support of the proposal. A representative of the Parish Council spoke in objection to the application.

Members considered the principle of development and the sustainability of the site within the Category 2 settlement. The social benefit of the scheme was acknowledged with the provision of 47 dwellings, including an acceptable percentage of affordable housing. In terms of economic benefit, the loss of the established employment use of the land for light industrial and storage use had to be weighed against the benefits of the scheme. Members were reminded that there had been material changes to local and national planning criteria since an application for the site had been refused approximately 10 years ago.

Members concluded that the principle of development of this brownfield site was acceptable and that the proposed density of the scheme would not cause overdevelopment of the site.

Members considered the impact of the scheme on the built, natural and historic environment of the site. The conversion of the goods yard would retain the railway style architecture of the site. It was noted that issues of design and layout, including concerns regarding the amenity of residents in closest proximity to the railway line, would be considered through any reserved matters submission.

The tree belt along the eastern side of the application site would remain as a positive landscape feature in the development. It was noted that the arboricultural officer had raised no objection subject to conditions and had concluded that the better trees had generally been selected for retention.

Members discussed the sustainability of the site, in particular with regards to parking provision for commuters. Whilst not a planning matter, Members raised concerns that the cost of commuter parking was too high and the additional 50 spaces that the proposal would contribute would not fully address the issue of on-street parking. Members acknowledged that parking provision for the proposed dwellings would be adequate.

4 Development Control (North) Committee 1st July 2014

DCN/19 Planning Application: DC/13/1412 (Cont.)

Whilst the site was close to the railway station, Members were concerned at the lack of local facilities for those residents dependent on public transport.

It was confirmed that the commuted sum for open space and recreation facilities would contributed towards enhancements in the local area, including play facilities on the nearby green.

Members agreed that the proposal was, on balance, sustainable and made effective use of previously developed land. After careful consideration, Members concluded that the benefits outweighed the potential harm and the proposal was acceptable in principle.

RESOLVED

(i) That a legal agreement be entered into to secure the necessary infrastructure contributions.

(ii) That upon completion of (i) above application DC/13/1412 be determined by the Development Manager, in consultation with the local Members. The preliminary view of the Committee was that the application should be granted.

DCN/20 PLANNING APPLICATION: DC/14/0359 – REDEVELOPMENT OF 92 - 98 HURST ROAD TO FORM 32 SHELTERED APARTMENTS FOR THE ELDERLY INCLUDING COMMUNAL FACILITIES, ACCESS, CAR PARKING AND LANDSCAPING SITE: 92 HURST ROAD, HORSHAM APPLICANT: CHURCHILL RETIREMENT LIVING (Councillor Leonard Crosbie declared a personal and prejudicial interest in this application as he was related to a nearby neighbour. He was granted permission by the Chairman to speak for up to two minutes on the item, as a member of the public. He then withdrew from the meeting and took no part in the determination of the item.)

The Development Manager reported that this application sought permission for 32 private sheltered apartments for the over 55s (21 1-bedroom units and eleven 2-bedroom units) over four floors. The accommodation included a lodge manager, communications system and communal facilities. There would also be space for three electric buggies. The proposed vehicular and pedestrian access was from Hurst Road. Parking for ten vehicles, mainly fronting Hurst Road, would be provided. Notwithstanding the additional facilities provided, the planning use class of the units was considered to be self-contained dwelling units (Class C3).

The application site was located within the built-up area of Horsham, close to the Horsham Conservation Area, and occupied a slightly elevated corner 5 Development Control (North) Committee 1st July 2014

DCN/20 Planning Application: DC/14/0359 (Cont.)

position with frontages towards Hurst Road and North Parade. There were currently four 1930s semi-detached two storey properties on the site.

There were a number of mature trees on the site including an oak tree of significant amenity value, which was subject to a tree preservation order, in the north eastern corner of the site.

The area was characterised by residential dwellings, including two 3-storey blocks of flats, one to the south and one to the north, and a 4-storey residential development to the east. There were residential dwellings and a commercial property to the west of the site.

The National Planning Policy Framework 2012; National Planning Practice Guidance 2014; Local Development Framework Core Strategy Policies CP1, CP2, CP3, CP5, CP12, CP13, CP14 and CP19; Local Development Framework General Development Control Policies DC3, DC5, DC7, DC8, DC9, DC13, DC18, DC31 and DC40; Horsham Town Plan Site Specific Guidance SPD; and the Horsham District Planning Framework Preferred Strategy were relevant to the determination of this application.

Relevant recent planning history included:

DC/13/0255 Sheltered Housing for 33 units Refused

DC/09/2015 Surgery to one Oak Tree (T1) Permitted

DC/13/0255 had been dismissed at appeal, with the Inspector concluding that the scheme would be seriously harmful to the street scene and the future of the protected tree.

The responses from statutory internal and external consultees, as contained within the report, were considered by the Committee. In particular it was noted that the Landscape Architect and Tree Officer objected to the proposal. The Neighbourhood Council objected to the proposal, and Members discussed the Parish Council’s comments regarding the lack of pre-application consultation with local residents.

Twelve letters of objection, including one on behalf of the Horsham Society, had been received. Three members of the public spoke in objection to the application. A representative of the applicant and the applicant both addressed the Committee in support of the proposal. A representative of the Neighbourhood Council spoke in objection to the proposal.

Members considered the principle of the development, its scale and impact on the character and visual amenities of the area and the amenities of neighbouring occupiers. They also considered that the impact of the 6 Development Control (North) Committee 1st July 2014

DCN/20 Planning Application: DC/14/0359 (Cont.)

proposal on the protected Turkey Oak was a key consideration in the determination of the application.

Members noted that the current application was a revised version of the scheme which had been dismissed at appeal: the number of units had been reduced from 33 to 32; parking spaces had been reduced from 13 to ten; the rear building line was further from the protected oak tree; the mass and bulk of the previous design had been broken up; and the height had been slightly reduced, with the roof form cut back at its easternmost end.

The commuted sum for affordable housing provision was discussed and it was noted that it was compliant with relevant legislation.

It was noted that, whilst the description of the application was for ‘sheltered housing’, the proposed units would be available to the over 55s, attracting the ‘active elderly’. Members were concerned that the provision of ten parking spaces would be insufficient for the parking generated by 32 residential units.

Members considered the design, scale and bulk of the proposal and discussed the changes that had been made to the design since the previous application had been refused. Whilst the bulk of the building had been marginally reduced, Members considered that the proposal had not been significantly changed. The bulk and massing of the building would still be disproportionately large on this prominent site, and would be out of keeping and have a detrimental impact on the street scene of Hurst Road and North Parade.

Members discussed the impact of the proposal on the protected tree. Whilst the relationship of the tree to the building had been amended, Members considered that the amenity of those in north facing and east facing units on the ground floor would still be adversely affected through loss of light. Shade from the tree would also still have a detrimental impact on the amenity space provided within the development. Members concluded that the amendments to the building line intended to address concerns regarding the tree had not been significant enough to prevent the tree from being subject to post-development pressure for pruning or removal.

Members agreed that the significant and demonstrable harmful impacts of the previously refused scheme had not been satisfactorily addressed by the current proposal, and the benefits of the scheme would not outweigh this harm.

RESOLVED

That planning application DC/14/0359 be refused for the following reasons:

7 Development Control (North) Committee 1st July 2014

DCN/20 Planning Application: DC/14/0359 (Cont.)

01 The proposal is considered to constitute an inappropriate development of the site which due to the overall design, bulk and mass of the proposed building would represent an over-dominant feature in the street scene to the detriment of the visual amenity of the street scene.

02 The close proximity to the TPO turkey oak tree in the north eastern corner of the site.

03 Inadequate parking provision.

DCN/21 PLANNING APPLICATION: DC/14/0725 – DEMOLITION OF ALL EXISTING BUILDINGS AND ERECTION OF 14 DWELLINGS AND ASSOCIATED WORKS INCLUDING ACCESS, APPEARANCE, LAYOUT, SCALE AND LANDSCAPING (FULL PLANNING) SITE: HARWOOD HOUSE, KINGS ROAD, HORSHAM APPLICANT: CROUDACE HOMES LTD

The Development Manager reported that this application sought permission for the erection of 14 dwellings and associated works including access, appearance, layout, scale, and landscaping. There would be nine 2- bedroom houses, and five 4-bedroom houses with associated attached and detached garages and car ports. They would be two and three storeys high. Three 3-storey houses would front onto Kings Road with garages to the side set behind the existing mature trees. Behind these houses, the site was laid out as a cul-de-sac accessed from Kingslea Road. The houses fronting Kingslea Road continued to the corner with Kings Road.

The design of the houses would be Victorian style with pitched tiled roofs, gable ends, pitched roof dormer windows, bay windows and casement windows. Rear gardens would have 1.8 metre close boarded fencing with facing brickwork towards the public realm.

Off street parking would be provided for each house with spaces in the front garden or in garages/car ports to the side or rear. In total, 40 allocated spaces would be provided including two visitor spaces.

The application site was located within the built-up area of Horsham off Kings Road, close to Horsham town centre. It comprised a number of buildings associated with the former Harwood House Day Centre, which had been closed in 2011. Kingslea Primary School was adjacent to the west and the immediate area to the north, south and east was predominantly residential. There were a number of trees on the site which would be retained, with approximately 14 trees to be removed to facilitate the proposed layout of the development.

8 Development Control (North) Committee 1st July 2014

DCN/21 Planning Application: DC/14/0725 (Cont.)

The National Planning Policy Framework 2012; National Planning Practice Guidance; Local Development Framework Core Strategy Policies CP1, CP2, CP3, CP5, CP7, CP11, CP12, CP13 and CP19; and Local Development Framework General Development Control Policies DC1, DC5, DC6, DC8, DC9, DC18, DC19 and DC40; and the Horsham District Planning Framework Preferred Strategy were relevant to the determination of this application.

Relevant recent planning history included:

DC/12/1810 Demolition of all existing buildings and Refused erection of 14 dwellings and associated Appeal works including access, appearance, Dismissed layout, scale and landscaping (Full Planning)

The current application addressed the reason for refusal at appeal, namely the lack of provision for infrastructure contributions.

The responses from statutory internal and external consultees, as contained within the report, were considered by the Committee. It was reported at the meeting that the terms of the legal agreement had still to be agreed. An additional Condition regarding Refuse and Recycling collection would be added to those printed in the report. The Parish Council had not commented on the application. One letter of support had been received

The site was situated within a sustainable location with good access to public transport and local facilities and Members considered that development of the site was acceptable in principle.

Members noted the housing mix, which remained the same as the original submission of DC/12/1810. In the light of the appeal decision, Members concluded that the proposed housing mix was acceptable. The Local Member remained concerned that the proposed number of units was just below the threshold that required affordable housing provision.

Members considered the Inspector’s conclusion that the proposal would provide a sustainable development in keeping with its surroundings and would make efficient use of land. Given the constraints on the site and in the light of the Inspector’s conclusions, Members concluded that the proposal was acceptable in principle.

Whilst the applicant had agreed to pay contributions to address the reason for refusal at appeal, Members noted that the terms of the legal agreement had still to be negotiated.

9 Development Control (North) Committee 1st July 2014

DCN/21 Planning Application: DC/14/0725 (Cont.)

RESOLVED

(i) That a legal agreement be entered into to secure the necessary infrastructure contributions, and the additional condition to be added in respect of refuse collection and recycling facilities.

(ii) That upon completion of (i) above application DC/14/0725 be determined by the Development Manager, in consultation with the Local Members. The preliminary view of the Committee was that the application should be granted.

DCN/22 PLANNING APPLICATION: DC/13/2245 – ERECTION OF 2 SEMI- DETACHED DWELLINGS WITH ASSOCIATED ACCESS AND PARKING SITE: LEECHPOOL COTTAGE, LEECHPOND HILL, LOWER BEEDING APPLICANT: MR AND MRS G WHITE

The Development Manager reported that this application sought permission for the erection of two 3-bedroom semi-detached dwellings on land to the east of Leechpool Farm Cottage. The eastern part of the dwelling would be two storeys high with a ridge height of 8.7 metres. The western part would have a ridge height of 6.4 metres, with two floors and the characteristics of a chalet bungalow. The new dwellings would be served via a new site entrance to the east of the existing site access that served Leechpool Farm Cottage. The plot, which formed part of a larger plot owned by the applicant, measured approximately 55 metres by 40 metres.

The two storey element of the building would be made of multi-stock brickwork and the chalet element would be rendered. The roofs of both elements would be hung with clay tiles.

The application site was located outside but immediately adjoining the built up area of Lower Beeding, a category 2 settlement. The heart of the village was to the north, but a group of semi-detached and detached dwellings were adjacent to the site.

The site was to the west of Leechpond Hill road frontage, and to the east of Leechpool Farm Cottage and south of the site’s existing main entrance. There was bunding and a large number of substantial trees providing screening from Leechpond Hill.

The National Planning Policy Framework 2012; National Planning Practice Guidance; Local Development Framework Core Strategy Policies CP1, CP2, CP3, CP5, CP12 and CP13; and Local Development Framework General Development Control Policies DC1, DC2, DC6, DC8, DC9, DC18 and DC40; Facilitating Appropriate Development SPD; and the Horsham District 10 Development Control (North) Committee 1st July 2014

DCN/22 Planning Application: DC/13/2245 (Cont.)

Planning Framework Preferred Strategy were relevant to the determination of this application.

Relevant recent planning history included:

DC/05/0424 Widening of vehicular access Granted

DC/13/1726 Erection of 2 semi-detached dwellings Withdrawn

The responses from statutory internal and external consultees, as contained within the report, were considered by the Committee. Members were advised that a condition to secure the retention and protection of trees on the site would be added to those printed in the report. The Parish Council had objected to the application. Eight letters of objection and 18 letters of support had been received. One member of the public spoke in objection, and three members of the public spoke in support of the application. A representative of the Parish Council spoke in objection to the application.

Members considered the principle of the development on land outside, but adjacent to, the built up boundary of the Category 2 settlement. It was noted that the site was within a natural boundary formed by hedging and Members considered that there would be no significant harm to the landscape character, given the proximity of the site to the built-up area.

Members considered that the design was sympathetic to its surroundings and would sit comfortably within the application site, which was partially screened by bunding and mature trees.

Whilst concerns regarding loss of amenity of nearby properties, in particular 1 Leechpond Hill were noted, Members considered that the proposal was sufficiently screened and at a sufficient distance from the nearest property to ensure the proposal would not result in a loss of privacy or loss of light.

Members noted that the Highway Authority had raised no objection and concluded that there would be no adverse impact to Highway safety or capacity.

The proposed scheme would provide social and economic benefit through the provision of housing, which would be occupied by residents from the local area. Members noted that the proposal would be ‘self-built’, thus making it an affordable option for the occupiers, who were related to the applicant.

11 Development Control (North) Committee 1st July 2014

DCN/22 Planning Application: DC/13/2245 (Cont.)

Members concluded that the proposal represented sustainable small scale growth, which had been largely supported by members of the local community, and was therefore acceptable.

RESOLVED

That application DC/13/2245 be granted subject to the following conditions, and an additional condition regarding the retention and protection of trees:

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

02 No development shall be commenced unless and until a schedule of materials and samples of such materials and finishes and colours to be used for external walls and roofs of the proposed building(s) have been submitted to and approved by the Local Planning Authority in writing and all materials used shall conform to those approved.

03 No development shall be commenced unless and until full details of the proposed entrance gate fronting Leechpond Road, scale and proposed materials, finishes and colours to be used have been submitted to and approved by the Local Planning Authority in writing and all materials used shall conform to those approved.

04 Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) (Amendment) (No2) (England) Order 2008 (or any order amending or revoking and re- enacting that Order with or without modification) no development falling within Classes A B C D E F G and H of Part 1 of Schedule 2 to the order shall be erected constructed or placed within the curtilage(s) of the dwelling(s) hereby permitted so as to enlarge improve or otherwise alter the appearance or setting of the dwelling(s) unless permission is granted by the Local Planning Authority pursuant to an application for the purpose.

12 Development Control (North) Committee 1st July 2014

DCN/22 Planning Application: DC/13/2245 (Cont.)

05 Hours of work for clearance and construction phase and for loading and unloading of deliveries to the site be limited to 8:00-18:00 hours Monday-Friday 8:00-13:00 hours Saturday no workings on Sunday and public holidays.

06 The burning of any materials from site clearance or from any other source shall not take place within 10m of the furthest extent of the canopy of any tree, group of trees, or hedgerow, targeted for retention on the site or on land adjoining.

REASON

01 The proposal is not considered to cause a significant harm to the landscape character of the countryside, and is therefore compliant with policies CP1 and DC2, and the wider policies of the Framework as a whole.

02 The proposal does not cause unacceptable harm to the amenity of occupiers/users of nearby property and land and therefore accords with policy DC9.

03 The proposal will not result in the loss of ecological habitats and trees of significant individual or cumulative amenity value in accordance with policies DC5 and DC6 and Paragraph 7 of the NPPF.

04 There is no objection raised from a highway safety and capacity and the proposal is therefore in accordance with policy DC40.

The meeting closed at 7.48pm having commenced at 5.30pm.

CHAIRMAN

13 Development Control (North) Committee 1st July 2014

DEVELOPMENT MANAGEMENT COMMITTEE (NORTH) COMMITTEE 5TH AUGUST 2014

REPORT BY THE HEAD OF PLANNING AND ENVIRONMENTAL SERVICES

APPEALS

1. Appeals Lodged

I have received notice from the Department of Communities and Local Government that the following appeals have been lodged:-

2. Written Representations/Householder Appeals Service

Officer Committee Ref No. Site Appeal Recommendation Resolution

DC/13/1829 53 Guildford Road, Horsham In Progress Approval Refuse

Land South of DC/13/2393 Woodlands Chase, Non In Progress N/A Sedgwick Lane, Determination Horsham

3. Public Inquiry

Officer Committee Ref No. Site Appeal Recommendation Resolution

N/A N/A N/A N/A N/A

4. Appeal Decisions

I have received notice from the Department of Communities and Local Government that the following appeals have been determined:-

Officer Committee Ref No. Site Appeal Recommendation Resolution Woodbank, Hamerpond Road, Plummers Plain, Horsham DC/14/0008 Dismissed Refuse N/A (Delegated)

Lane End, Lyons Non- N/A DC/13/2378 Road, Slinfold, Allowed determination Horsham

APPENDIX A/ 1 - 1

DEVELOPMENT MANAGEMENT REPORT

TO: Development Management (North) Committee BY: Development Manager

DATE: 5th August 2014

Part demolition and redevelopment of Bishops Weald House, Albion Way including change of use of part of ground and first floor to provide DEVELOPMENT: A1/A2/A3/A5 uses, D2 and C3 uses comprising 53 apartments, and demolition and redevelopment of part of Lifestyle Ford site, Bishopric to provide 17 residential units

SITE: Bishops Weald House Albion Way Horsham West Sussex WARD: Denne APPLICATION: DC/13/2126 APPLICANT: Westrock

REASON FOR INCLUSION ON THE AGENDA: Category of development

RECOMMENDATION: That planning permission be delegated for approval to the Development Manager subject to appropriate conditions and securing a S106 Legal Agreement.

1. THE PURPOSE OF THIS REPORT

To consider the planning application.

DESCRIPTION OF THE APPLICATION

1.1 The application seeks full planning permission for the redevelopment of the Bishops Weald House, Albion Way building and the demolition of existing buildings at No. 53 to No. 59 Bishopric and their replacement with a block of apartments. The application therefore covers two separate sites.

1.2 The Bishops Weald House building currently accommodates food (Use Class A3/A5) and non-food (Use Class A1) retail units at ground floor level fronting onto the eastern end of the Bishopric and Worthing Road, these currently being occupied by McDonalds, The Entertainer, Argos and Ragdolls Framing. The unit occupied by McDonalds also extends to the first floor level and the unit occupied by Argos extends back from the Worthing Road frontage to allow for access to the service yard at the rear (Albion Way). The ground floor level fronting onto Albion Way plus the majority of the first floor and the entire second floor provide office accommodation (Use Class B1).

Contact Officer: Helen Lowe Tel: 01403 215346 APPENDIX A/ 1 - 2

1.3 It is proposed to redevelop the building such that the double height A3/A5 retail unit to the Worthing Road/Bishopric corner would be retained albeit in a slightly larger format with the existing retail unit fronting Worthing Road being subsumed within this. The other existing retail units to Worthing Road would be retained and a further 2 No. retail units are proposed fronting onto Albion Way.

1.4 The majority of the first floor is proposed as a gym (Use Class D2) and with 4 No. residential units proposed towards the Worthing Road side. Above this a further 3 No. floors of residential units are proposed. In total 53 No. residential units are proposed within the redeveloped Bishops Weald House building, these being 23 No. 1 bed flats and 30 No. 2 bed flats.

1.5 The existing service yard to the southern side of the building and its access from Albion Way would remain, along with one loading/unloading bay to serve the retail units. It is proposed to erect sliding metal gates across the service access and to continue the existing wall and railings along Albion Way to adjoin with these gates. The existing car parking area to the south of the service yard will also be retained to provide 30 No. car parking spaces, which would be for use in connection with the residential units and would be accessed via the existing access point from the Albion Way Tanbridge Retail Park roundabout.

1.6 The second area of the application relates to No. 53 to No. 59 Bishopric and the adjacent vehicle display area. It is proposed to demolish the existing buildings across this site and erect a three storey block of apartments. This proposed block would have a ‘T’ shaped form with a gable end fronting onto the Bishopric adjacent to the existing vehicular access into the Lifestyle Ford site, and then a slightly subservient wing running parallel with the Bishopric.

1.7 The proposed block would accommodate a total of 17 No. residential units, with these being comprised of 8 No. 1 bed flats and 9 No. 2 bed flats. These units would be served by a total of 12 No. car parking spaces, with 6 No. to be provided to the west of the site with a new vehicular access and 6 No. to be provided to the east accessed from the Lifestyle Ford access, which is to be upgraded as part of the approved Waitrose scheme (DC/13/1599).

1.8 In summary, the proposed development would provide the following:

Bishops Weald House site · 4 No. non-food retail units (2 No. of which are existing); · 1 No. food retail unit (existing); · Gym · 23 No. 1 bed flats · 30 No. 2 bed flats · 30 No. car parking spaces

Bishopric site · 8 No. 1 bed flats · 9 No. 2 bed flats · 12 No. car parking spaces

DESCRIPTION OF THE SITE

1.9 The main part of the site is formed by Bishops Weald House, a two to three storey largely red brick building which occupies a ‘zig-zag’ shaped plot extending from the Bishopric/Worthing Road corner south along Worthing Road to a position opposite to the Bus Station. The building then extends back from here such that it also fronts onto Albion APPENDIX A/ 1 - 3

Way with the site then running down to adjoin the Tanbridge Retail Park roundabout. The existing Bishops Weald House incorporates food and non-food retail units (Use Classes A1, A3 and A5) and office space (Use Class B1).

1.10 The building has a level ground floor although the service yard and car parking area accessed from Albion Way slope down towards the south. The car parking area provides parking for Bishops Weald House and also provides access to car parking areas serving buildings fronting Worthing Road. Similarly, the existing service yard, with 3 No. loading/unloading bays serves Bishops Weald House, but also provides vehicular access through to a car parking area for Horsham Unitarian Church.

1.11 The southern elevations of Bishops Weald House wrap around Horsham Unitarian Church (Grade II listed) and its churchyard. The buildings of No’s.16-18 Worthing Road lie to the immediate south of the Worthing Road frontage of Bishops Weald House and the Grade II listed buildings of No’s. 20, 22-24, 26-28 and the Friends Meeting House all lie to the south east of the application site. The northern end of Bishops Weald House lies adjacent to No’s. 5-13 Bishopric and obliquely opposite the Grade II listed No. 12 Bishopric (The Olive Branch PH).

1.12 The second part of the application site constitutes No’s. 53 to 59 Bishopric. These units are formed by the Lifestyle Ford showroom and 2 No. 3 bedroom dwellings. The Lifestyle Ford showroom is a two storey flat roofed building with large picture windows at ground floor level and green and white cladding at first floor level. The 2 No. dwellings are two storey red brick and pebbledash rendered properties which are unoccupied and boarded up. To the immediate west of these dwellings, there is an open area used for the display of Lifestyle Ford commercial vehicles. This area has a bonded gravel surface and incorporates a large mature Oak tree. This part of the site lies opposite the Grade II listed Kings Arms PH and No’s. 66-70 Bishopric.

2. INTRODUCTION

STATUTORY BACKGROUND

2.1 The Town and Country Planning Act 1990 Planning (Listed Building and Conservation Areas) Act 1990

RELEVANT GOVERNMENT POLICY

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

- Section 1: Building a strong, competitive economy - Section 2: Ensuring the vitality of town centres - Section 4: Promoting sustainable transport - Section 6: Delivering a wide choice of high quality homes - Section 7: Requiring good design - Section 8: Promoting healthy communities - Section 10: Meeting the challenge of climate change, flooding and coastal change - Section 11: Conserving and enhancing the natural environment - Section 12: Conserving and enhancing the historic environment

2.3 Planning Practice Guidance (2014)

APPENDIX A/ 1 - 4

RELEVANT COUNCIL POLICY

2.4 Horsham District Planning Framework: Preferred Strategy (August 2103)

The Horsham District Planning Framework (HDPF) Preferred Strategy was approved by Council for consultation on 25th July 2013. The consultation period ran from 16th August to 11th October 2013. The planning application will be considered following this consultation period and therefore the emerging Preferred Strategy is a material consideration with limited weight in the assessment of this planning application.

2.5 Local Development Framework: Core Strategy (2007) policies:

- CP1: Landscape and Townscape Character - CP2: Environmental Quality - CP3: Improving the Quality of New Development - CP5: Built-Up Areas and Previously Developed Land - CP11: Employment Sites and Premises - CP12: Meeting Housing Needs - CP13: Infrastructure Requirements - CP17: Vitality and Viability of Existing Centres - CP19: Managing Travel Demand and Widening Choice of Transport

2.6 Local Development Framework: General Development Control Policies (2007) policies:

- DC2: Landscape Character - DC5: Biodiversity and Geology - DC7: Flooding - DC8: Renewable Energy and Climate Change - DC9: Development Principles - DC13: Listed Buildings - DC18: Smaller Homes/Housing Mix - DC34: New Retail Development Within the Defined Town and Village Centres - DC40: Transport and Access

2.7 Local Development Framework: Site Specific Allocations of Land Development Plan Document (2007) (subsequently referred to as the Land Allocations DPD) policies:

- AL1: Previously Developed Land - AL2: Lifestyle Ford, Bishopric, Horsham

2.8 Local Development Framework: Proposals Map (2007)

2.9 Local Development Framework: Supplementary Planning Documents:

- Horsham Town Plan (2012) - Planning Obligations (2007)

PLANNING HISTORY

Bishops Weald House HU/309/73 Supermarket, showroom, offices & car parking Permitted 03.07.73 (outline) HU/486/73 Construction of building to form supermarket, Permitted 20.11.73 showroom, offices and car parking

APPENDIX A/ 1 - 5

HU/37/89 Change of use from retail to restaurant (Use Class Permitted 05.04.89 A3) HU/474/89 Change of use from A3 to A1 (retail & auxillary area) Permitted 07.02.90 HU/149/90 Use of ground floor as open A2/B1 financial & Permitted 19.09.90 professional office use; 1st floor as B1 offices & 2nd floor plant room as B1 offices HU/225/92 Change of use to health & fitness studio Permitted 07.10.92 DC/04/2568 Variation of condition 4 of HU/36/89 to allow opening Permitted 17.01.05 hours from 7.30am to 11pm Sunday to Thursday and 7.30am to 11.30pm Friday and Saturday DC/10/1360 New shopfront Permitted 03.09.10

Lifestyle Ford, Bishopric HU/579/71 Proposed showroom and offices Permitted 20.01.72 HU/230/94 Renewal of permission for used car sales area, Permitted 05.10.94 fencing and surfacing DC/07/0521 Refurbishment of existing building to accommodate Permitted 26.04.07 motor dealership DC/13/1599 Demolition of existing buildings and redevelopment Permitted 18.03.14 for retail purposes within Use Class A1, including car parking and undercroft parking, revised accesses, landscaping, improvements to public realm along Albion Way, Bishopric and to the Albion Way/Bishopric junction DC/14/0526 Demolition of all existing buildings on Lifestyle Ford Prior Approval site including Mazda and Horsham Bowling Club Granted 21.05.14 clubhouse

3. OUTCOME OF CONSULTATIONS

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

INTERNAL CONSULTATIONS

3.2 Design and Conservation Officer (summarised): Objection – It should be noted that these comments were received prior to the latest revisions to the proposed development · The application does not sustain and enhance the significance of the Horsham Unitarian Church as it will cause harm to the setting of this Grade II listed building. The level of harm is considered to be less than substantial as per paragraph 134 of the NPPF and should be given great weight in the consideration of the application when considering public benefits and other material considerations, as described in paragraphs 132 and 134 of the NPPF. The application would be contrary to policy DC13; · The revisions are considered to be an improvement to the previous designs, however, there are still concerns regarding the bulk and scale of the proposals, particularly with regard to the southern elevation, which should be further revised; · It is acknowledged that some changes have been made to address previous concerns and these have, in the majority, been successful; · The design of the Bishopric part of the site, in terms of its bulk, scale and architectural composition, is considered to be compliant with paragraphs 61 and 64 of the NPPF and would meet the design requirements of policy DC9.

APPENDIX A/ 1 - 6

3.3 Economic Development / Town Centre Manager (summarised): Comment · Is there adequate provision for residential parking (Officer’s Note: a total of 42 No. spaces would be provided across both sites for use by residents); · The apartments would overlook Worthing Road and there should be an awareness that this area is used for town centre activities (street markets, street cleaning, events, live music, loud motor vehicles etc); · The retail units fronting Albion Way appear isolated from the town centre and would work better as extensions to the existing units that front Worthing Road; · Any improvements to pedestrian connectivity through and around this site to the new Waitrose development along Albion Way would be welcomed.

3.4 Environmental Health (summarised): No objection subject to conditions · Site clearance, site preparation and construction works should be controlled by a construction environmental management plan in order to control noise, dust and waste impacts to local residents. This can be conditioned; · A site waste management plan is likely to be necessary due to the project cost and this will cover controls on waste arising from the construction and demolition activities; · Construction hours and the prevention of burning waste can be controlled through conditions; · Initial concerns regarding noise impacts for future residents have been addressed through progression of the design specification for the residential units to include ‘whole house ventilation’ to those worse affected. A condition requiring a noise insulation scheme to be submitted will ensure this can be controlled; · The Bishopric part of the site lies on a former petrol filling station, repair workshop and car wash and it is therefore probable that the underlying ground has been impacted by a number of contaminants, most notably hydrocarbons and heavy metals. It is recommended that a condition is included to ensure that land contamination is investigated, assessed and, where necessary, remediated and validated to ensure a suitable environment.

3.5 Landscape Architect (summarised): No objection subject to conditions · The latest plans have addressed some of the issues raised in connection with the Bishops Weald House part of the site, namely by providing some greening/landscaping to the service yard boundary and the extended roof garden to the southern end; · It is unfortunate that no greening to the walls around the Horsham Unitarian Church courtyard has been attempted, however, the reduced bulk of the building in this location and the retained trees to the courtyard would provide some appropriate softening; · Whilst roof garden areas can provide limited landscape benefits, they offer no wider public recreational benefits. A contribution towards improvements to the public realm of the surrounding area, including planting, is therefore important; · There are some concerns over the townscape impact of the north east corner of the proposed building; · The proposed works at the Bishopric site are considered satisfactory.

APPENDIX A/ 1 - 7

3.6 Strategic Housing Manager (summary of verbal comments): Comment · It is regrettable that affordable housing provision across the proposed development can only be achieved at a level of 24% of the total number of units, however, this is accepted in light of the viability assessment; · The 17 No. affordable housing units are proposed for shared ownership and these would not meet the needs of households on the Housing Register; · Given the highly sustainable location of the proposed development, the 17 No. units at the Bishopric site should be secured as either social or affordable rented units and the Council will seek to ensure this through discussions with the Registered Provider (proposed in this case to be Southern Housing Group); · The applicant is encouraged to reach an agreement with a Registered Provider as soon as possible to ensure that the layout and specifications of the affordable units meet with requirements.

3.7 Strategic Planning (summarised): No objection · The latest AMR (published December 2013) identifies that the District currently has 64.3% of its five year (plus 5% buffer) housing land supply set against the South East Plan targets; · In the absence of a five year housing land supply, the NPPF indicates that policies for the delivery of housing should be considered out-of-date. However, the RMC Engineering Works, Washington appeal indicates that it would be more appropriate to identify those elements of policies which should be given less weight; · The site is sustainably located within the built-up area of Horsham and being close to the town centre and associated services and employment; · The proposal is in accordance with the NPPF and Development Plan policies in terms of supporting economic growth; · The NPPF promotes vitality and viability in town centres and identifies that residential development can play an important role in this; · Policy DC19 requires any loss of commercial use to be justified by evidence that it is no longer needed/viable. The applicant has submitted justification information which appears to comply with this requirement of policy DC19; · The Horsham Town Plan SPD identifies that there is considerable vacant office accommodation within the town, including Bishops Weald House (which is considered to be poorly designed) and redevelopment of this western end of the town centre offers an opportunity for improvements; · The Bishopric part of the site is allocated under policy AL2 for commercial development. The application does not proposed this use, but commercial use would be secured across the remainder of the Lifestyle Ford site and, in light of the flexibility promoted by the NPPF, this is considered to be acceptable on balance in order that sustainable development can be achieved; · The proposal would meet the requirements of policy DC18 in terms of the provision of smaller residential units.

3.8 Technical Services (Drainage) (summarised): Comment and recommends conditions · The submitted Foul & Surface Water Drainage Assessment appears to miss opportunities to apply the principles of SuDS to this urban brownfield site.

APPENDIX A/ 1 - 8

OUTSIDE AGENCIES

3.9 NHS Property Services (summarised): No objection subject to S106 contribution · All Horsham GP Practices are already operating at, or over, capacity and some in close proximity to the development require capital improvements. In addition, community facilities such as Horsham Hospital will be accessed by these new residents/patients as part of their healthcare needs. · The development is likely to increase the population of Horsham by 161 residents, who are likely to become patients of the nearby surgeries such as Park, Courtyard, Orchard or Riverside and put further pressure on medical services generally. · The additional demand on these services will require investment in the infrastructure of practices and the services offered and a contribution of £17,184 is therefore sought.

3.10 Southern Water (summarised): No objection subject to conditions · There are foul and surface water sewers in the vicinity of both the Bishops Weald House and Bishopric sites and the exact position of these public sewers on the site must be determined by the applicant and any necessary diversions paid for at the developer’s expense. · There is currently insufficient capacity in the local network to provide foul sewage disposal to service the proposed development. Improvements or additional capacity would therefore be required to service the development. · The developer should also contact Southern Water to establish if a water supply will be available. Recommends conditions and informatives to the applicant.

3.11 Sussex Police (summarised): No objection · The level of crime at this location is lower than the average for Sussex and I do not have concerns over this development; · The retail units should have adequate door & window security, lighting at entrances and monitored intruder alarms fitted to each unit; · The A3 uses should limit alcohol sales to being ancillary to food preparation on the premises and be served at the table by waiters/waitresses; · The residential units should have access controls to communal doors, audio or audio/visual entrance systems, secure accessible windows and secure postal arrangements; · Clear demarcation between private and public spaces is essential and defensible planting is recommended; · Courtyard landscaping should not exceed 1m in height with tree canopies not being lower than 2m, to allow for a window of surveillance; · Anti-skateboard measures should be considered for raised planting and seating; · CCTV camera operation should refer to Home Office guidance.

3.12 WSCC Archaeology (summarised): No objection subject to condition · Buried archaeological remains, associated with the medieval Bishopric suburb, may have existed and survive below the Bishopric part of the application site; · New ground excavations in this location could result in such archaeological remains being removed completely and as such appropriate investigations and recording should be ensured through a condition; · All but the deepest archaeological features across the Bishops Weald House site are likely to have been removed given previous building works and no mitigation measures are therefore warranted in this location.

APPENDIX A/ 1 - 9

3.13 WSCC Ecology: No objection subject to condition

3.14 WSCC Highways (summarised): No objection subject to conditions · Both application sites are in central Horsham, within a reasonable walk of the railway and bus stations, a wide range of shops, services and employment opportunities and are therefore considered to be sustainable locations; · Existing cycle routes in the town would be accessible and residents and visitors would not be dependent on the private car for many trips; · The proposed units at Bishops Weald House would be serviced from the existing service yard and utilise the existing access points onto Albion Way, however, changes are proposed to the servicing area and therefore a condition requiring a servicing plan for arrivals and departures will ensure use of this area is adequately managed; · Car parking at the Bishops Weald House site would be limited for use by some residential occupiers only and no on-site parking would be provided for users of the gym or retail units. These visitors would have to use non-car modes or ton centre public car parks in the vicinity; · Overspill car parking on surrounding roads is unlikely during the day as these roads fall within the Horsham controlled parking zone, although any visitors can park along Bishopric in the evenings; · The submitted plans show acceptable access and parking arrangements at the Bishopric site. Whilst parking provision would be less than 1 space per unit, the site is located close to the town centre and no highway objection is raised; · Highway works along Bishopric to ensure a full kerb is reinstated here can be secured by condition.

PUBLIC CONSULTATIONS

3.15 Denne Neighbourhood Council (summarised): Object · The proposed building at Bishops Weald House remains bulky and negatively dominates the listed buildings in the vicinity; · The design of the Bishops Weald House building does not suit the architecture and character of the town centre and conservation area, but looks very utilitarian; · The proposal would not merge with the approved Waitrose development or sympathetically lead into the town centre; · There is insufficient landscaping to the Albion Way frontage; · The pavement along Albion Way is narrow and this should be redesigned; · No objection to the proposed Bishopric block.

3.16 A total of 4 No. letters of representation making comments have been received, 3 No. of which are from Horsham Unitarian Church. The more recent comments from Horsham Unitarian Church, received following the submission of amended plans, and those of the interested party can be summarised as follows: · The roofline to the west of the Unitarian Church has been reduced to a level similar to that of the existing building, with the taller element set back; · There would appear to be limited opportunities for overlooking of the Church garden area, but windows facing this direction should be non-opening and obscured; · Access to the Church car park would be retained through the reconfigured car parking area to the south of the building, but should be retained at all times during construction; · Due care should be taken for any construction works requiring access over Church land; · Agreement should be reached between the developers and the Church in relation to party wall matters and the maintenance and management of trees and APPENDIX A/ 1 - 10

vegetation; · Hours of construction works should respect Church services times; · Impacts during construction activities should be controlled.

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

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

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

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

6. PLANNING ASSESSMENTS

6.1 The key issues for consideration in the determination of this proposal are:

· The principle of the development (including the mix of residential proposed) · Impact on the character and appearance of the surrounding area · Impact upon the setting of nearby heritage assets · Impact upon the amenities of nearby and future residents · Potential impacts upon neighbouring development opportunities · Highway impacts and parking · Drainage, ecology and archaeology issues · Legal obligations

Principle of the development

6.2 The National Planning Policy Framework (NPPF) sets out that there is a presumption in favour of sustainable development and that this should run through both plan-making and decision-taking (paragraph 14). In terms of the determination of planning applications this should mean the approval of developments that accord with the development plan without delay, and that where the development plan is silent or relevant policies are out of date, that permission be granted unless the adverse impacts of doing so would significantly and demonstrably outweigh the benefits, or policies of the NPPF indicate otherwise. Paragraph 7 of the NPPF sets out that there are three dimensions to the achievement of sustainable development, these being economic, social and environmental. The economic and social aspects of sustainability are discussed within this section and the environmental aspects considered under subsequent sections below.

6.3 Bishops Weald House lies within the identified Horsham town centre boundary with the Worthing Road side falling within the primary shopping area and primary shopping frontages and the Bishopric side falling within the secondary shopping frontages, all as defined by the Horsham District Local Development Framework: Proposals Map (2007). The Bishopric site straddles the town centre boundary and lies outside any identified shopping frontage.

Loss of commercial floorspace

6.4 The existing Bishops Weald House comprises a total of approximately 3,600 sqm of office accommodation (Use Class B1a) across the ground, first and second floors. Policy CP11 of the Horsham District Local Development Framework: Core Strategy (2007) (the Core APPENDIX A/ 1 - 11

Strategy) and policy DC19 of the Horsham District Local Development Framework: General Development Control Policies (2007) (the GDCP) seek to protect existing employment sites and premises. However, policy DC19 allows for the redevelopment of commercial sites, outside Employment Protection Zones, where evidence is submitted showing that the unit(s) are no longer needed and/or viable for employment use, that the site can be adequately accessed and that environmental improvements would result. In addition, paragraph 5.9 of the Horsham Town Plan SPD states there are approximately 32,516 sqm of vacant office floorspace within the town centre and that the Council will consider proposals which result in the loss of office floorspace, if it can be demonstrated that this office space is of a low quality or obsolete.

6.5 The applicant has submitted marketing information from a local chartered surveyor with the application which states that since its initial conversion to office space in the late 1980’s the building has not been 100% occupied at any time. There are currently 9 No. suites on the market for rent and these have been available for a period of nearly 5 years. The rent sought is considered to be comparable to others in the town and there has been a willingness to offer incentives such as free rent periods. It is stated that the premises have been advertised on site and via national property listed websites along with circulation to local agents and occupiers. The surveyors also state that the office market in Horsham is suppressed and has struggled to attract inward migration of office occupiers in recent years and that the accommodation provided at Bishops Weald House suffers from a poor layout and a lack of natural light and prominence. This is supported by paragraph 6.18 of the Horsham Town Plan SPD, which identifies Bishops Weald House as being poorly designed and comprising considerable vacant space.

6.6 In view of the evidence provided, it is considered that the existing office space within Bishops Weald House is surplus to the current office requirements of Horsham town centre and that it doesn’t represent particularly high quality office space. The loss of this office space would not therefore be contrary to policies CP11 or DC19, but rather would accord with the aims of the Horsham Town Plan SPD Site Specific Guidance 4: Bishopric, in so far as the redevelopment of this site would assist in the creation of a high quality western extension to the town centre. The existing vehicular showroom at the Bishopric site constitutes a sui generis use against which there are no policy requirements relating to retention or re-provision.

Proposed uses

6.7 The NPPF strongly supports economic growth and ensuring the vitality of town centres and states that planning policies should be positive and promote competitive town centre environments where residential developments can play an important role. This is supported by policy CP17 of the Core Strategy and policy DC34 of the GDCP. Policy CP17 seeks to improve Horsham town centre and states that appropriate development will be encouraged provided that it assists in reinforcing the town centre’s role as a focus for retailing, leisure and residential uses, amongst others. Similarly, policy DC34 states that retail development within town centres will be permitted provided that certain criteria are met.

6.8 These criteria of policy DC34 relate to the size of the proposed units, their relationship with the primary shopping area and defined frontages, the vitality and viability of the centre, and improving the range and quality of retail opportunities. The proposed additional retail floorspace would not exceed the threshold set within this policy, or that within policy CP17, and by adding additional retail floorspace and partially reconfiguring the existing retail footprint, it is considered that the range and quality of retail opportunities within the town centre would be enhanced.

APPENDIX A/ 1 - 12

6.9 The proposed additional retail units would front onto Albion Way, which lies outside the defined primary shopping area and shopping frontages, however, these units would be within close proximity (less than 100m) to the primary shopping area. In addition, following the recent approval for the Waitrose/John Lewis at Home stores to the opposite side of Albion Way, the proposed retail floorspace would be situated directly between these new approved stores and the town centre. Similarly, the proposed creation of a gym at first floor level, accessed from Albion Way, would provide a leisure use within the town centre and easily accessible to those using both existing town centre facilities and those of the recently approved new stores.

6.10 The site constitutes previously developed land within Horsham town centre and as such is considered, by policy CP5 of the Core Strategy, as a sustainable location for the situation of new development. The introduction of housing across the upper levels of Bishops Weald House would assist in addressing the District’s current shortage of deliverable housing sites. As detailed above, the loss of the existing office accommodation is considered to be acceptable and the creation of residential units in this location would assist with the overall vitality of this town centre location, as promoted by paragraph 23 of the NPPF. It is therefore considered that the proposed introduction of additional retail units, the creation of a gym and the introduction of residential properties in this location would reinforce the town centre’s role as a focus for retail and leisure uses as well as being sustainably located in terms of its relationship to the existing town centre and facilities.

6.11 The Bishopric portion of the application site forms part of the larger Lifestyle Ford site identified within the Land Allocations DPD (2007), under policy AL2, for a mixed use redevelopment comprising residential, commercial and open space. This policy states that commercial premises shall be provided along the Bishopric frontage. The current application seeks to provide residential units in this location and as such represents a departure from the Development Plan. Whilst the application has therefore been advertised as a departure, the Department for Communities and Local Government Circular 02/2009: The Town and Country Planning (Consultation) (England) Direction 2009 does not require this application to be referred to the Secretary of State and it should therefore proceed to be considered on its merits and in light of all material considerations.

6.12 Although the provision of residential units to the Bishopric frontage of the Lifestyle Ford site does not follow the commercial allocation of policy AL2, the wider Lifestyle Ford site would deliver the mixed use redevelopment sought by this policy. The recently approved and soon to be commenced Waitrose/John Lewis at Home stores on the southern portion of the Lifestyle Ford site, will ensure that the commercial element of this allocation is met. Therefore, whilst not according with policy AL2 in terms of where the various elements of the mixed use allocation would be brought forward, the overall aim of policy AL2 to create a mixed commercial and residential scheme in this location would be met and, in this instance, is therefore considered acceptable on balance, subject to all other material considerations as discussed below.

Mix of residential proposed

6.13 The proposed residential units at the redeveloped Bishops Weald House site would consist of 23 No. 1 bed flats and 30 No. 2 bed flats and the proposed residential units at the Bishopric site would comprise 8 No. 1 bed flats and 9 No. 2 bed flats. All units proposed would therefore be considered as smaller homes, as defined within policy DC18 of the GDCP, and the proposal would therefore help to address the identified need for smaller dwellings and exceed the requirements of this policy.

6.14 Policy CP12 seeks to meet the District’s housing needs and states that residential developments of 15 No. of more units will be expected to include an appropriate proportion APPENDIX A/ 1 - 13

of affordable homes, with the target being 40% of the total. The application proposes 24% of the total number of units to be provided as affordable dwellings, this equates to the provision of 17 No. shared ownership units. These 17 No. affordable housing units are proposed to be provided at the Bishopric site and comprise both one and two bed flats. Whilst this site is clearly separate from the remaining residential units proposed at Bishops Weald House, the provision of all affordable units in one block will allow for ease of management by the Registered Provider and the location remains highly accessible and desirable for affordable provision. In addition, although separate from the proposed market units, the proposed flats at the Bishopric site would not be readily identifiable, in terms of their design or standard, as affordable units.

6.15 The proposed level of provision falls below the target set out in policy CP12 and therefore the applicant has been required to provide detailed information relating to the site economics and viability. The submitted information has been subject to a detailed assessment by an independent assessor, in accordance with section A6 of the Planning Obligations SPD (2007). The conclusions of this viability assessment show that the proposed redevelopment, incorporating 24% shared ownership units, would return a significantly reduced profit level compared with a reasonable market level and that an increased provision of affordable units would further reduce these levels and subsequently impact upon the viability of the development. Paragraph 173 of the NPPF states that all requirements likely to be applied to a development (affordable housing, standards, infrastructure contributions) need to be taken into account to ensure viability of a scheme and to enable the development to be deliverable. For these reasons, and in this instance as evidenced, it is considered that a 24% provision of affordable units is acceptable.

6.16 Whilst the affordable units proposed are identified (and assessed within the viability appraisal) for shared ownership, this type of tenure would not address the greatest need of households, which is for rented properties. Therefore, as this is a key town centre site and considered to be highly sustainable, the Council will seek to secure the units for either social or affordable rent. Discussions are ongoing between Horsham District Council and Southern Housing Group (the intended Registered Provider) to this end. The tenure mix of the 17 No. affordable units will be secured through a Section 106 legal agreement once agreed.

Conclusions

6.17 It is considered that the redevelopment of the Bishops Weald House site and the introduction of a mix of uses in this location would complement the facilities offer of the town centre and provide economic growth. In addition, the provision of much needed residential accommodation, given the Council’s lack of a five year supply of deliverable housing sites, and the construction of affordable housing units amount to significant benefits that would arise from this proposal. The proposed development is therefore considered to be acceptable in principle and would accord with both the NPPF’s economic and social strands of sustainability, as set out in paragraph 7 of the NPPF.

6.18 Paragraph 14 of the NPPF sets out the presumption in favour of sustainable development and promotes economic growth and competitive town centres. The loss of the existing commercial floorspace is considered to be justified through a lack of demand for such space and the proposed uses (retail, restaurant, gym and residential) are considered to be appropriate for this location and would add to the vitality and viability of Horsham town centre in accordance with the NPPF, policies CP17 and DC34 and the Horsham Town Plan SPD.

APPENDIX A/ 1 - 14

Impact on the character and appearance of the surrounding area

6.19 The NPPF requires, at paragraphs 61 and 64 respectively, that planning decisions should address connections between people and places and the integration of new development into the natural, built and historic environments; and that opportunities for improving the character or quality of an area should be taken. Policy DC9 of the GDCP seeks developments to be locally distinctive in character, whilst respecting the character and townscape features of the locality.

Bishops Weald House site

6.20 Bishops Weald House is situated to the corner of the Bishopric and Worthing Road and as such occupies a prominent location within the town centre, with the corner of the building being visible upon approach along West Street. The existing three storey building is not of any particular merit in terms of its architectural design, with the Bishopric and Worthing Road elevations appearing very box-like with little visual interest. The proposed redevelopment would see this prominent section being of five storey height with an inset corner. The building would exhibit a modern appearance with a mix of cladding and brickwork and would utilise a varied building line with projecting elements to create the retail frontages and entrance areas for the gym and residential uses. The Bishopric/Worthing Road corner would have a largely glazed form with this continuing across the retail frontages of the Worthing Road elevation and at two storey height along the Bishopric and Albion Way elevations.

6.21 As the building moves along Worthing Road towards the south its overall scale is reduced down to four storeys, with the section nearest to No. 16 – 18 Worthing Road being staggered in terms of its height. Similarly, the Albion Way fronting part of the building would have a maximum of five storeys, however, the top three storeys would be staggered back from the frontage and from the southern elevation. The central element of the building would be retained at two storey height creating an entrance and communal rooftop garden area for the residential units.

6.22 Whilst the proposed redeveloped building would be of a considerable scale, it would not appear unduly sized for this town centre location, where the Travelodge to the opposite side of Worthing Road is also of five storeys in height and the Trend building to the opposite side of the Shelley Fountain is, in part, five storeys. It is also considered that the modern design of the building would not be detrimental to this part of the town centre and indeed no objection was raised to the design approach by the Design and Conservation Officer. The building is located outside any conservation area and although its design would not mirror the traditional appearance of some of the surrounding buildings, the use of a more contemporary style is not considered to detract from the townscape character of the area, which already displays a varied architectural form, including the existing Bishops Weald House. The NPPF, at paragraph 60, establishes that architectural styles should not be imposed upon new developments, stating:

‘Planning policies and decisions should not attempt to impose architectural styles or particular tastes and they should not stifle innovation, originality or initiative through unsubstantiated requirements to conform to certain development forms or styles.’

6.23 In terms of landscaping, the proposed development would create a rooftop communal garden area towards the centre of the building and terraced areas to the southern end, which it is considered will provide some greening of the proposal for future residents. The roof terraces to the southern end would be visible from Albion Way upon approach to the site from a southerly direction and would provide a degree of softening to this elevation. In addition, it is proposed to create a landscaped area just to the north of the service yard APPENDIX A/ 1 - 15

access. It is considered that these elements will provide some publicly visible landscaping, however, the emphasis of the site would remain that of built form. Whilst it is regrettable that further landscaping and greening around the Bishops Weald House site are not proposed, it is recognised that the constraints of the site provide significant limitations and that the existing building does not provide any level of landscaping.

6.24 In order to assist with wider landscape improvements, a contribution is proposed towards public realm enhancements along the eastern end of the Bishopric, between the junction with Albion Way and the northern end of Bishops Weald House. It is considered that enhancements to this area would improve the environment immediately around the application site, but also aid with the connection of this end of the town centre with the core of the Primary Shopping Area to the east. This contribution is discussed further below in paragraphs 6.55 to 6.60.

Bishopric site

6.25 The Bishopric part of the site lies between the three storey office building of No. 51 Bishopric and the entrance to Pelham and Waverley Courts (both also three storeys in height). The existing showroom building on the site has a somewhat dated appearance and does not sit comfortably adjoining the residential properties of No. 57 and 59 Bishopric. Whilst the existing buildings on site are of two storeys in height, their replacement with a three storey building would not appear unduly oversized or out of character with the area, given the number and proximity of existing buildings of a similar scale.

6.26 The proposed block of 17 No. residential units in this location would have a brickwork and rendered exterior, with the elevation facing towards the north (towards the Bishopric) being largely brickwork. The building would have an approximate ‘T’ shaped form with gables facing towards the north and south and with two subservient gables facing towards the west. The building would have a vertical emphasis achieved by the alignment of the windows and individual balconies and would also provide 2 No. roof terraces (one at first floor level and one at second floor level), situated to the western end of the building. It is considered that the proposed design of this building would not detract from the character of the area and would respect the scale and form of surrounding buildings.

6.27 The existing mature Oak tree located to the west of the site is to be retained with low level evergreen planting proposed beneath this within the parking court area. It is also proposed to provide hedge planting to the southern and eastern boundaries and to plant shrubs to the northern side coupled with railings to create the boundary with the Bishopric. It is considered that these landscape works would assist in softening the overall appearance of this part of the development.

Conclusions

6.28 It is considered that the design of both parts of the proposed development, in terms of their scale, massing and appearance, would accord with the requirements of the NPPF and with the design requirements of policy DC9 of the GDCP. The proposed retention of the existing mature Oak tree at the Bishopric site and the creation of a courtyard garden area and planting to the Albion Way frontage of the Bishops Weald House site would accord with the requirements of policy CP1 of the Core Strategy and policy DC9 of the GDCP.

Impact upon the setting of nearby heritage assets

6.29 The Bishops Weald House part of the application site lies adjacent to and within close proximity of a number of Grade II listed buildings. It is considered, by the Council’s Design and Conservation Officer, that although the proposed works would alter the setting of No’s. 20 to 28 Worthing Road, No. 12 Bishopric and the Friends Meeting House, Worthing Road, APPENDIX A/ 1 - 16

that this change would be neutral and would not cause harm to the significance of these assets, given their location, relationship to the site and the existing situation.

6.30 However, the relationship between Bishops Weald House and Horsham Unitarian Church is somewhat closer, with Bishops Weald House wrapping around the north eastern and north western sides of this building and its churchyard. Horsham Unitarian Church is a Grade II listed building set back from the edge of Worthing Road within a courtyard garden setting. The existing expanse of Bishops Weald House does form part of the setting of this heritage asset.

6.31 Due to the set back position of Horsham Unitarian Church from the Worthing Road frontage, it is seen in almost isolation and viewed within a relatively tranquil garden setting, with a mature tree to the front. Views from Worthing Road experience the asset with the existing red brick walls of Bishops Weald House to the rear, with these being seen at the approximate level of the Church roof. The section of Bishops Weald House to the north east of the Church appears slightly separated, by No’s. 16 to 18 Worthing Road, when viewed from this same location, although it becomes more apparent once inside the churchyard.

6.32 The NPPF states, at paragraph 132, that great weight should be given to the conservation of heritage assets, as required by Section 66(1) of the Planning (Listed Building and Conservation Areas) Act 1990, and that the more important the asset the greater the weight should be. This paragraph of the NPPF goes on to state that substantial harm to or loss of a Grade II listed building should be exceptional. Paragraph 134 adds that ‘where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal, including securing its optimum viable use.’

6.33 The Design and Conservation Officer’s comments concluded that the level of harm to the setting of Horsham Unitarian Church would be less than substantial, but that the harm caused should be given great weight in the consideration of the application, in accordance with the NPPF. The application has been subsequently amended to reduce the bulk of the redeveloped building, particularly that aspect to the northernmost corner of the courtyard.

6.34 The proposed redevelopment of Bishops Weald House would increase the scale of the building around the Church courtyard, but has been revised to take the higher storeys further away from the edges of this enclosed area. The revisions to the proposed development would result in the southern portion of Bishops Weald House, that to the rear of the Church, having a slightly greater height, but a reduced span, to that of the existing building. The additional storeys to this part of the building would be set further towards the north and set back. Whilst these would remain visible within views from Worthing Road, they would appear less intrusive and the level of harm to this asset is therefore considered to have been reduced by these revisions. The built form to the north eastern edge of the churchyard would partially comprise the second floor level rooftop garden area. This section would have only a slightly increased height to that of the existing building and it is proposed that a planting strip is created along the edge of this rooftop garden in order to provide a degree of separation and limit the level of activity at this level that would be apparent from within the churchyard.

6.35 It is recognised that the proposed works would cause harm to the setting of Horsham Unitarian Church through altering a key view of the heritage asset and introducing additional activity around the relatively tranquil courtyard. However, the level of this harm is considered to be less than substantial and indeed has been further reduced since the comments of the Design and Conservation Officer were provided.

APPENDIX A/ 1 - 17

6.36 Whilst this harm would be less than substantial, the importance of conserving the heritage asset must be given great weight. In accordance with paragraph 134 of the NPPF, the benefits of the proposed development should be weighed against the identified level of harm. The proposed redevelopment would secure new and extended uses for an existing largely underused building, thereby providing retail, leisure and residential uses in an accessible location on previously developed land. The promotion of economic growth for Horsham town centre, together with the provision of residential accommodation, for which there is a recognised and significant need within the District, together amount to extensive benefits arising from the proposal. It is therefore considered that these benefits, taken together, would outweigh the great weight of the reduced level of harm to the Horsham Unitarian Church, that it is considered would arise. Therefore the proposal complies with the requirements of the NPPF.

6.37 In relation to the Bishopric part of the application site, although this lies to the opposite side of the Bishopric to the Grade II listed Kings Arms and No’s. 66 to 70 Bishopric, and therefore is considered to be within their setting, the proposed building would be set slightly back from the edge of the highway and would replace existing structures which do not contribute to that setting. It is therefore considered that the proposal would have a neutral impact upon the setting of these nearby heritage assets.

Conclusions

6.38 It is not considered that the proposed development works would have any adverse impact upon the setting of the majority of the nearby heritage assets. However, it is acknowledged that the setting of Horsham Unitarian Church would be impacted upon. It is considered that the level of harm caused to the setting of this heritage asset (a Grade II listed building) would be less than substantial and that this has been reduced following revisions to the proposed development. Although great weight is attached to the conservation of designated assets, the level of harm, in this instance, is considered to be outweighed by the very considerable public benefits that would result from the proposed development. It is therefore considered that the proposal would comply with the relevant paragraphs of the NPPF.

Impact upon the amenities of nearby and future residents

6.39 To the west of the northern part of Bishops Weald House, the buildings of No’s. 5 to 13 (odds) Bishopric have some residential uses situated at first and second floor level, which would be the closest residential accommodation to the proposed works at this part of the site. In terms of noise and disturbance to these residents, the proposed redeveloped building would create additional retail uses and a first floor level gym along with new residential units at first floor level and above. It is not considered that the introduction of these uses would cause any significant impact to existing residents given the level of activity associated with this town centre location.

6.40 The proposed new residential units situated at second, third and fourth floor levels to the western side of the northern part of this building, would have their windows and balconies set back from the edge of the intervening parking court. Whilst some views from the existing residences above No’s. 5 to 13 Bishopric towards the proposed flats would be possible (and vice versa), these would be at oblique angles and it is not considered that these would result in an unacceptable relationship for either of the occupiers. It is not proposed to insert windows serving residential units into the northern elevation of the building that would overlook this parking court area.

APPENDIX A/ 1 - 18

6.41 The nearest residential properties to those proposed at the Bishopric site, would be the properties to the opposite side of the Bishopric and those within Pelham Court. It is considered that both of these sets of residents would be adequately distant from the proposed new block of flats such that they would not experience an unacceptable relationship or degree of overlooking.

6.42 In terms of the future residents, both those at the Bishopric site and those of the redeveloped Bishops Weald House building, each unit would benefit from either a small balcony or access to a terrace area to provide a degree of outdoor space, together with the landscaped communal roof garden area towards the centre of the Bishops Weald House building. The location of the sites are such that a degree of noise is likely, from the adjacent highway, town centre activities, commercial uses etc, however, this is not an uncommon situation and indeed replicates that of other existing residential units within Horsham town centre. Information has been submitted to indicate that the internal environment for future residents, of this building and that proposed at the Bishopric site, can be satisfactorily controlled to maintain noise at an appropriate level. This can be ensured through a condition requiring details of a noise insulation scheme to be submitted. Similarly, noise from plant can be controlled to the British Standard level.

6.43 Given the previous land uses of the Bishopric site, particularly as a petrol filling station, there is a possibility of land contaminants being present. It is therefore recommended that investigations and an assessment of risk be carried out at this site and a strategy for any appropriate remediation works to be submitted. This can be ensured by condition.

6.44 It is not considered that the proposed redevelopment works would lead to any significant impacts upon the amenities of nearby residents and construction activities can be controlled through the use of a Construction Environmental Management Plan. Whilst the environment that would be afforded to future residents would reflect the town centre location of the site, it is considered to be acceptable. The proposed development can be satisfactorily controlled, through conditions, to ensure that it complies with the NPPF and with policy DC9 of the GDCP.

Potential impacts upon neighbouring development opportunities

6.45 The location of the Bishops Weald House part of the application site is such that it is positioned in very close proximity to a number of adjacent premises. The relationship with the adjacent Horsham Unitarian Church and the existing units at No’s. 5 to 13 Bishopric have been discussed above, however, the potential for the proposed redevelopment of Bishops Weald House to impact upon any future development opportunities of these adjacent sites should be considered.

6.46 In this respect it is recognised that the proposed redevelopment of Bishops Weald House would introduce a number of windows serving residential properties looking towards both the churchyard area to the south and the neighbouring parking court area to the north. The positioning of these windows in relatively close proximity to the boundaries of the application site would necessitate that any future development adjacent to them be governed by a need to retain a level of amenity to these residents.

6.47 Given the very significant constraints that any possible future development within the churchyard of Horsham Unitarian Church would experience, due to its Grade II listed status, it is not considered that a future redevelopment of that site would be likely to be able to exhibit a scale that would subsequently need to be curtailed in order to maintain amenity levels for residents of Bishops Weald House. In terms of the relationship to No’s 5 to 13 Bishopric, it is considered that an appropriate level of amenity for residents within Bishops Weald House (adjacent to the parking court of these buildings) could be maintained APPENDIX A/ 1 - 19

through an inter-relationship not dissimilar to that of the current situation. It is not considered that this would place undue restrictions upon any redevelopment of the adjacent site, should this come forward in the future.

Highway impacts and parking

6.48 The Bishops Weald House site would be accessed via the existing service yard access along Albion Way and the existing car parking area access at the Tanbridge Retail Park roundabout. It is proposed to reconfigure the service yard so that one loading/unloading bay would be retained and the service yard would be screened by telescopic metal gates across the Albion Way access. Although the size of the service yard would be reduced, with parking to be provided to the eastern part, sufficient space would remain for the access and manoeuvring of delivery vehicles, as these do not need turn around given the one-way nature of Albion Way. The Highways Authority have not raised any objection to these revised service yard arrangements, but recommend that a servicing plan be conditioned in order to ensure that deliveries do not cause any significant disruption to highway users.

6.49 The retained and proposed retail units and the proposed gym would not be provided with any car parking spaces. This reflects the current situation where the existing retail units do not benefit from any on-site parking provision and is not considered to be unacceptable. The Bishops Weald House site lies within the town centre, within very close proximity to the bus station and walking distance of Horsham railway station. In addition, the public car parks serving the town centre, including the recently approved car park to the front of the Waitrose/John Lewis at Home stores on Albion Way would be nearby. It is considered that the retail and gym uses would be easily accessible for staff by public modes of transport and that customers would have a sufficient range of options available for their accessibility.

6.50 In terms of residential car parking, it is proposed to provide a total of 30 No. car parking spaces at the Bishops Weald House site and a total of 12 No. car parking spaces at the Bishopric site, including 2 No. accessible spaces. Whilst it is recognised that this level of provision would not provide one parking space per unit, it is considered that the accessible location of both sites is such that this level of parking is not inappropriate. Both sites are within a short walk of all the retail, leisure and employment opportunities of the town centre and residents would have a good choice of modes of transport, including cycling, with cycle parking to be provided at 42 No. spaces at the Bishops Weald House site and 18 No. spaces at the Bishopric site.

6.51 Paragraph 32 of the NPPF states that ‘development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe’ (Officer’s emphasis). The Highways Authority have therefore not raised any objection to the proposed development in terms of any impact upon highway capacity or safety issues, nor have they raised any concerns relating to increased pressure for on-street car parking spaces. The level of car parking provision proposed is considered to be acceptable given the town centre location of the site and the ease of access to modes of transport other than the private motor vehicle. A number of highway and parking conditions are recommended to ensure that the proposal would accord with the requirements of the NPPF and with policies CP19 of the Core Strategy and DC40 of the GDCP.

Drainage, ecology and archaeology issues

Drainage

6.52 The submitted drainage assessment states that the existing impermeable areas across both the Bishops Weald House and Bishopric sites would not be increased as a result of the proposed development and as such the surface water run-off would be unchanged APPENDIX A/ 1 - 20

from the existing situation. In terms of foul water drainage, it is anticipated that the proposed works at both sites would increase the level of foul water discharge over that of the current situation and that additional capacity within the local sewer network will be required for the Bishops Weald House site. The submitted documentation states that this additional capacity can either be provided on site in the form of an attenuation tank under the car parking area, or through upgrading the local pipe network. Both options will involve the agreement of Southern Water and would be required before any occupation of the buildings. The Council’s Drainage Engineer has advised that opportunities to utilise sustainable drainage techniques have not been taken on this site and it is therefore recommended that a suitably worded condition be added to any approval to ensure that such measures are further considered.

Ecology

6.53 The existing sites have little in the way of biodiversity value given their largely built form nature and therefore it is not anticipated that the proposed development would cause harm to important or protected species or habitats. As a precaution, a condition preventing vegetation removal during the bird nesting season is proposed.

Archaeology

6.54 Given the location of the Bishopric part of the site, within an area associated with the medieval Bishopric suburb of the Archbishop of Canterbury, there is a possibility of buried archaeological features at this site, which would be removed by the proposed works. It is therefore considered appropriate that a condition be attached to any approval requiring a scheme of archaeological investigation to be undertaken on this part of the site. There are not considered to be any archaeological concerns relating to the Bishops Weald House site.

Legal obligations

6.55 In order to ensure that there is sufficient infrastructure capacity to serve the proposed development there is a requirement for the applicant to enter into a legal agreement under Section 106 of the Town and Country Planning Act. This requirement is set out in policy CP13 and within the adopted SPD on Planning Obligations.

6.56 A mixed use development in this location and of this scale and form would be required to make contributions to Horsham District Council totalling £87,163 towards open space, sport and recreation; community centres and halls; local recycling; and public art. In this instance it has been agreed with the developer that the open space, sport and recreation contribution of £58,104 will all be used towards public realm enhancements in the vicinity of Bishops Weald House. This contribution would be used, along with the £150,000 public realm enhancement contribution secured through the Waitrose/John Lewis at Homes Section 106, to carry improvements to the pedestrianized eastern end of the Bishopric where it extends from the northern corner of Bishops Weald House to the junction with Albion Way.

6.57 It is considered that the requirement for this contribution as set out in section B2 of the Planning Obligations SPD provides an indication, but not exhaustive list, of how these funds will be allocated and enables allocations towards specific proposals where there is a local need. The requirement set out in section B2 states the following:

‘Contributions will be sought towards the provision or improvement of open space, sport and recreation facilities such as (Officer’s emphasis) amenity green space, equipped play areas, youth activity areas, outdoor sports facilities and indoor sports APPENDIX A/ 1 - 21

facilities. The total contributions for individual schemes will depend on the specific proposals and identified local need’.

6.58 It is considered that public realm enhancements in this area would improve the open space around the application site, thereby promoting pedestrian connectivity through this part of the Bishopric and linking the Primary Shopping Area with the new retail units and gym proposed within this development and the recently approved Waitrose/John Lewis at Home stores along Albion Way. It is considered that the use of the open space contribution for such works would meet the requirements of the CIL Regulations (paragraph 122) particularly given the very close geographical link to the application site and the improved connectivity of the proposed retail and gym uses. Furthermore, securing an additional contribution towards these public realm enhancements would be likely to prove difficult through other means.

6.59 Separately to the above, West Sussex County Council are seeking contributions towards education provision, libraries, and fire and rescue services, and the NHS are seeking a contribution towards the provision of local health services. The provision of the 17 No. affordable units, together with their tenure mix, once agreed, will also be ensured through a legal agreement.

6.60 It is considered that the aforementioned contributions and requirements relating to this proposed development are in accordance with policy CP13 of the Horsham District Local Development Framework: Core Strategy (2007) and with the Planning Obligations SPD (2007). It is also considered that the above elements accord with the tests of the Community Infrastructure Levy Regulations.

Conclusion

6.61 The proposed development would introduce additional retail and leisure uses within this town centre location and would provide a number of residential units within locations that are easily accessible to existing facilities, services and sources of employment. The level of affordable housing provision is considered to be acceptable in terms of ensuring the overall viability of the proposed development and it is therefore considered that the principle of the proposal is acceptable.

6.62 The discussion of all other material considerations above identify that the sites are well located, that the proposal would not cause harm to the townscape of the area and that the impact upon the setting of the nearest heritage asset, although of great importance, is outweighed by the benefits that would arise from the scheme. In addition, the proposed development can be satisfactorily controlled to ensure that no other significant impacts arise. It is therefore considered that the economic, social and environmental aspects of sustainability, as set out by the NPPF, are met and the proposed development therefore constitutes sustainable development to which the presumption in favour (as set out in paragraph 14 of the NPPF) applies.

APPENDIX A/ 1 - 22

7. RECOMMENDATIONS

7.1 It is recommended that the application be delegated for approval to the Development Manager subject to appropriate conditions and securing a S106 Legal Agreement.

1. A2 – Full Permission (3 years)

2. Prior to the commencement of the development hereby permitted the following shall be submitted to and approved, in writing, by the Local Planning Authority:

· a schedule of materials and samples of such materials and finishes and colours to be used for the external walls, roofs and fenestration of the new and redeveloped buildings; · details of all boundary treatments proposed, including operational details of the service yard gates; · details of any proposed ventilation systems and extraction flues as may be necessary; · details of any guttering and rainwater goods.

All materials and details used shall conform to those approved.

Reason: To enable the Local Planning Authority to control the development in detail in the interests of amenity and highway safety in accordance with policies DC9 and DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

3. Prior to the commencement of development full details of hard and soft landscaping works shall be submitted to and approved, in writing, by the Local Planning Authority. These works shall include, as well as the planting already shown on the approved drawings, and subject to further investigation of existing underground services, green façade planting of climbing plants on the intermittent brick columns between glazing panels along the Albion Way frontage. The details shall be submitted concurrently as a complete scheme, unless otherwise agreed, in writing, with the Local Planning Authority, and shall comprise:

· Planting and seeding plans and schedules specifying species, planting size, densities and plant numbers; · Tree pit and staking/underground guying details; · A written specification (National Building Specification compliant) of hard and soft works including ground preparation, cultivation, planting and other operations associated with plant and grass establishment); · Existing and proposed levels; · Hard surfacing materials: layout, colour, size, texture, coursing and levels; · Walls, fencing and railings: location, type, heights and materials; · Minor artefacts and structures – location, size and colour and type of street furniture, signage, refuse units and lighting columns and lanterns.

The approved scheme shall be implemented in full accordance with these details. Planting shall be carried out according to a timetable to be agreed, in writing, with the Local Planning Authority prior to commencement of the development. APPENDIX A/ 1 - 23

Any plants which within a period of 5 years die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species

Reason: To ensure a satisfactory development in the interests of amenity in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007)

4. No development, including works of any description, including demolition pursuant to the permission granted, ground clearance, or bringing equipment, machinery or materials onto the site, shall take place until the following preliminaries have been completed in the sequence set out below:

· All required arboricultural works, including permitted tree felling and surgery operations and above ground vegetative clearance within such areas set out for development as indicated on the approved site layout drawing to be completed and cleared away; · All trees on the site targeted for retention, as well as those off-site whose root protection areas ingress into the site, shall be fully protected by tree protective fencing affixed to the ground in full accordance with section 6.2 of BS 5837 'Trees in Relation to Design, Demolition and Construction - Recommendations' (2012). Once installed, the fencing shall be maintained during the course of the development works and until all machinery and surplus materials have been removed from the site. Areas so fenced off shall be treated as zones of prohibited access, and shall not be used for the storage of materials, equipment or machinery in any circumstances. No mixing of cement, concrete, or use of other materials or substances shall take place within any tree protective zone, or close enough to such a zone that seepage or displacement of those materials and substances could cause them to enter a zone. No alterations or variations to the approved tree works or tree protection schemes shall be carried out without the prior written approval of the Local Planning Authority.

Reason: To ensure the successful and satisfactory retention of important trees and hedgerows on the site in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

5. Prior to the commencement of development details of all underground trenching requirements for services, including the positions of soakaways, service ducts, foul, grey and storm water systems and all other underground service facilities, and required ground excavations therefore, shall be submitted to and approved, in writing, by the Local Planning Authority. These details shall demonstrate effective coordination with the landscape scheme submitted pursuant to condition 3 and with existing trees on the site. All such underground services shall be installed in accordance with the approved details.

Reason: To protect roots of important trees and hedgerows on the site in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

APPENDIX A/ 1 - 24

6. Prior to the commencement of development a detailed long term 25 year Landscape Management and Maintenance Plan for all landscape areas shall be submitted to and approved, in writing, by the Local Planning Authority. The submitted plan shall include:

· Aims and objectives; · A description of landscape components; · Management prescriptions; · Details of maintenance operations and their timing; · Details of the parties/organisations who will maintain and manage the site, to include a plan delineating the areas that they will be responsible for.

The plan shall demonstrate full integration of landscape, biodiversity and arboricultural considerations. The areas of planting shall thereafter be retained and maintained in perpetuity in accordance with the approved Landscape Management and Maintenance Plan, unless any variation is approved, in writing, by the Local Planning Authority.

Reason: To ensure a satisfactory development and in the interests of amenity and nature conservation in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

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

Reason: To ensure the retention and maintenance of trees and vegetation on the site unsuitable for permanent protection by Tree Preservation Order for a limited period, in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

8. Prior to the commencement of the development hereby permitted, including any works of demolition, site preparation or site clearance, a Construction Environmental Management Plan (CEMP) shall be submitted to and approved, in writing, by the Local Planning Authority and thereafter implemented and maintained throughout the construction period. The CEMP shall include details and a plan including:

· Contractor/builder parking; · Storage of materials, construction plant and equipment; · Vehicle movements (including any site clearance works); · Protective fencing; · Details of any site construction access; · Scheme of works for the control and mitigation of noise, dust and waste; · Details of any external lighting or floodlighting to be installed; · That no burning of materials shall take place on the site.

APPENDIX A/ 1 - 25

Reason: In the interests of road safety and/or in the interests of amenity and in accordance with policies DC9 and DC40 of the Horsham District Council Local Development Framework: General Development Control Policies (2007).

9. No work for the implementation of the development hereby permitted shall be undertaken on either of the sites except between the hours of 08.00 and 18.00 on Mondays to Fridays inclusive and 08.00 and 13.00 hours on Saturdays, and no work shall be undertaken on Sundays, Bank or Public Holidays unless otherwise agreed, in writing, by the Local Planning Authority.

Reason: To safeguard the amenities of nearby residents in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

10. Prior to the commencement of development details of a) a noise insulation scheme to protect the internal environment of residential units from both traffic noise and any noise from the commercial units, and b) a BS4142 compliant assessment to demonstrate that the rating level of plant noise does not exceed, and preferably is significantly lower than, background noise levels, shall be submitted to and approved, in writing, by the Local Planning Authority. The approved details shall thereafter be fully implemented prior to the first occupation.

Reason: To safeguard the amenities of nearby and future residents in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

11. The development hereby permitted on the Bishopric part of the site shall not be commenced until a scheme to deal with any contamination of land or pollution of controlled waters has been submitted to and approved, in writing, by the Local Planning Authority and until the measures approved in that scheme have been implemented. The scheme shall include all of the following measures unless the Local Planning Authority dispenses with any such requirement in writing:

a) A desk-top study carried out to identify and evaluate all potential sources of contamination and the impacts on land and/or controlled waters, relevant to the site. The desk-top study shall establish a ‘conceptual site model’ and identify all plausible pollutant linkages. Furthermore, the assessment shall set objectives for intrusive site investigation works/ Quantitative Risk Assessment (or state if none required); b) If identified as being required following the completion of the desk-top study, a site investigation shall be carried out to fully and effectively characterise the nature and extent of any land contamination and/or pollution of controlled waters. It shall specifically include a risk assessment that adopts the Source-Pathway-Receptor principle, in order that any potential risks are adequately assessed taking into account the sites existing status and proposed new use; c) Thereafter, a written method statement detailing the remediation requirements for land contamination and/or pollution of controlled waters affecting the site shall be submitted and approved by the Local Planning Authority, and all requirements shall be implemented and completed to the satisfaction of the Local Planning Authority. No deviation shall be made from this scheme without the express written agreement of the Local Planning Authority. If during redevelopment APPENDIX A/ 1 - 26

contamination not previously considered is identified, then the Local Planning Authority shall be notified immediately and no further work shall be carried out until a method statement detailing a scheme for dealing with the suspect contamination has been submitted to and agreed in writing with the Local Planning Authority. d) A full closure report shall be submitted to and approved by the Local Planning Authority. The report shall provide verification that the required works regarding contamination have been carried out in accordance with the approved Method Statement(s). Post remediation sampling and monitoring results shall be included in the closure report to demonstrate that the required remediation has been fully met.

Reason: To ensure that any pollution is dealt with in accordance with the NPPF and policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

12. Notwithstanding the details within the submitted Foul Water and Surface Water Drainage Assessment, no development shall commence until full details of the proposed means of foul and surface water sewerage disposal have been submitted to, and approved in writing by, the Local Planning Authority in consultation with Southern Water as appropriate. The submitted details shall prevent surface water from discharging onto the public highway and should incorporate the use of Sustainable Drainage Systems where possible. The approved details shall be fully implemented prior to occupation of the development hereby permitted and shall thereafter be permanently retained and maintained solely for their intended purpose.

Reason: To ensure that the site is adequate drained, to reduce the risk of flooding and in the interests of highway safety, in accordance with the advice of the NPPF and policies DC7 and DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

13. No development shall take place within the Bishopric part of the site until the applicant, or the applicant’s agents or successors in title, have secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation and timetable which has been submitted to and approved, in writing, by the Local Planning Authority.

Reason: In order to ensure that archaeological features and artefacts revealed during development works will be adequately recorded in accordance with policy DC10 of the Horsham District Local Development Framework: General Development Control Policies (2007).

14. No removal of any tree or shrub shall be carried out on site between March to August inclusive in any year, unless otherwise approved, in writing, by the Local Planning Authority. Where vegetation must be cleared during the bird breeding season a check for nesting birds by a suitably qualified ecologist will be required. Any vegetation containing occupied nests will be retained until the young have fledged. The location details of the compensatory nesting provision to be supplied to the Local Planning Authority for approval prior to their erection.

Reason: To safeguard the ecology and biodiversity of the area in accordance with the NPPF and policy DC5 of the Horsham District Local Development Framework: General Development Control Policies (2007).

APPENDIX A/ 1 - 27

15. The new and redeveloped buildings hereby permitted shall achieve at least Code Level 3 or BREEAM ‘Very Good’ standard in accordance with the requirements of the British Research Establishment’s technical guidance (or such other equivalent national measures of sustainability as may be agreed, in writing, by the Local Planning Authority). No dwelling or commercial unit shall be occupied until a final certificate has been issued for it certifying that at least Code Level 3 or BREEAM ‘Very Good’ has been achieved.

Reason: To ensure the development makes the most efficient use of resources and to comply with policy DC8 of the Horsham District Local Development Framework: General Development Control Policies (2007).

16. The development hereby permitted at the Bishopric site shall not be occupied unless and until the site access, footway and kerbing across the Bishopric site frontage has been improved in accordance with plans and details to be submitted to and approved, in writing, by the Local Planning Authority.

Reason: In the interests of highway safety and in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

17. The development hereby permitted at the Bishopric site shall not be occupied unless and until all accesses other than those hereby approved have been permanently closed and obliterated.

Reason: In the interests of highway safety and in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

18. No part of the residential development hereby permitted shall be occupied unless and until the car parking spaces, associated turning areas and cycle storage facilities have been designed, laid out and constructed in accordance with plans and details to be submitted to and approved, in writing, by the Local Planning Authority.

Reason: To ensure adequate parking and turning facilities are available to serve the development in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

19. The development at the Bishops Weald House site shall not be occupied unless and until a servicing plan has been submitted to and approved, in writing, by the Local Planning Authority. The submitted plan shall ensure that the arrival and departure times of service vehicles are effectively managed and do not disrupt the free flow of traffic along Albion Way or cause significant disruption to users of the private parking spaces associated with the development.

Reason: In the interests of highway safety and in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

20. Prior to the commencement of development at the Bishopric site precise details of the existing ground levels of the site, the proposed finished levels of the ground, the ground floor slab level of the building and the finished floor levels of the development, including landscaped areas, showing their relationship with the existing levels of the immediately adjoining land, shall be submitted to, and approved, in writing, by the Local Planning Authority. The development shall be APPENDIX A/ 1 - 28

carried out in accordance with the approved levels.

Reason: To control the development in detail in the interests of amenity and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

21. Prior to the commencement of development, details of the means and location for the provision of refuse/recycling bin storage shall be submitted to and approved, in writing, by the Local Planning Authority. The approved details shall be fully implemented prior to the first occupation of the developent and thereafter retained as approved.

Reason: To ensure the adequate provision of recycling facilities in accordance with policy CP2 of the Horsham District Local Development Framework: Core Strategy (2007).

22. At least one entrance doorway to the retail and leisure units of the development hereby permitted shall have a minimum width of 900mm (1800mm for a double door) and the threshold of the door shall have a flush surface.

Reason: To ensure that the development is provided with access for disabled people in accordance with policy CP16 of the Horsham District Local Development Framework: Core Strategy (2007).

23. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Orders amending or revoking and re-enacting the same) the development hereby permitted shall be used only for the following, as defined in the schedule to the Town and Country Planning (Use Classes) Order 1987:

· The ground and first floor level unit to the corner of Bishopric/Worthing Road for purposes within either Use Class A1 or purposes within Use Class A3 with ancillary Use Class A5; · The retained and new ground floor level units fronting both Worthing Road and Albion Way for purposes within Use Class A1; · The first floor level commercial unit as a gymnasium within Use Class D2.

Reason: To enable the Local Planning Authority to control the use of the site and because other uses would be contrary to the guidance of the Horsham Town Plan SPD and with policy DC34 of the Horsham District Local Development Framework: General Development Control Policies (2007).

24. The development shall not be open for trade or business except between the following hours:

· 07.30 hours and 23.00 hours Sunday to Thursday and 07.30 hours and 23.30 hours Friday and Saturday for the ground and first floor level unit to the corner of Bishopric/Worthing Road; · 09.00 hours and 18.00 hours Monday to Saturday and 10.00 hours and 18.00 hours for the new and retained ground floor units fronting Worthing Road and Albion Way; · 07.00 hours and 22.00 hours Monday to Friday and 07.00 hours and 20.00 hours Saturday and Sunday.

APPENDIX A/ 1 - 29

Reason: To safeguard the amenities of neighbouring properties in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

25. Approved Plans List

Notes to Applicant:

1. The developer should advise Southern Water prior to the commencement of development of the measures to be undertaken to protect/divert the public sewers and water apparatus.

2. The applicant/developer should enter into a formal agreement with Southern Water to provide the necessary sewerage infrastructure required to service this development. Please contact Southern Water, Southern House, Sparrowgrove, Otterbourne, Hampshire SO21 2SW or www.southernwater.co.uk.

3. A formal application for connection to the water supply is required in order to service this development. To initiate a Water Capacity Check, please contact Southern Water, Southern House, Sparrowgrove, Otterbourne, Hampshire SO21 2SW or www.southernwater.co.uk.

Background Papers: DC/13/2126

DC/13/2126 Bishops Weald House

Scale : 1:2500

Reproduced from the Ordnance Survey map with the permission Organisation Horsham District Council of the Controller of Her Majesty's Stationery Office © Crown Copyright 2000. Department Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Comments Not Set Date 24 July 2014

SLA Number 100018563 APPENDIX A/ 2 - 1

DEVELOPMENT MANAGEMENT REPORT

TO: Development Management (North) Committee BY: Development Manager DATE: 5th August 2014

Erection of agricultural building (Aquaponics Solar Greenhouse), replacement of two existing buildings with two new buildings and the DEVELOPMENT: stationing of plant for a renewable energy enterprise, change of use of land from agricultural to renewable energy production, additional hard- standing and parking areas, erection of fence to 2.5m, formation of 2 No. ponds and associated earthworks and landscaping.

SITE: Part of Land known as Blindman’s Wood, Woodlands Lane, Colgate, West Sussex WARD: Colgate APPLICATION: DC/14/0587 APPLICANT: Mr Nick Henderson & Mr Charlie Price

REASON FOR INCLUSION ON THE AGENDA: Major development proposal

RECOMMENDATION: To delegate authority to Officers to grant planning permission subject to conditions

1.0 THE PURPOSE OF THIS REPORT

To consider the planning application.

1.1 DESCRIPTION OF THE APPLICATION

1.1.1 Aquaponics is a sustainable, zero waste food production system in which large quantities of food can be produced efficiently from a comparatively small area. Aquaponics combines two well established and efficient food production methods: “Recirculating aquaculture” (land-based fish farming) and “Hydroponics” (growing plants within soil).

1.1.2 The system of Aquaponics can be enhanced in terms of the efficiency of the process and the maximising of outputs through its operation within a passive solar greenhouse – hence the term Aquaponics Solar Greenhouse (ASG).

1.1.3 The application seeks planning permission for the erection of an agricultural building on the site, which will operate as an Aquaponics Solar Greenhouse. This building will be

Contact Officer: James Hutchison Tel: 01403 215162 APPENDIX A/ 2 - 2

positioned towards the northern side of the eastern portion of the application site, and will be single storey with a floor plate measuring 75m in length by 20m in width.

1.1.4 In addition to the ASG building the remainder of the application site and wider area within the control of the applicant would also be put back into permanent use for agricultural purposes, including the planting of an orchard and pasture land for sheep and chickens.

1.1.5 The application also includes the reconstruction of the two buildings already in-situ in the centre of the eastern portion of the site for the siting of a renewable energy enterprise. This would introduce a B2 use to the site.

1.1.6 Building 1 (on the western side) would be used for the storage of dried wood and a packing area on the ground floor and an office, rest room and meeting room on the first floor, and Building 2 (eastern side) would be used to contain a further store, the biomass boiler, and wood chip store.

1.1.7 It should be noted that in addition to these buildings, substantial landscape works and tree planting would be carried out on the application site.

1.1.8 Access to the development would be provided from the existing gated entrance from Grace Farm onto Grouse Road.

1.1.9 A total of 21 car parking spaces would be provided for the development.

2.0 DESCRIPTION OF THE SITE

2.1.1 The application site is located on the northern side of Woodlands Lane (private road) and Grouse Road (public highway). It is bordered along its north and western sides by dense areas of woodland, with its eastern and southern boundary comprising of hedgerows and mature trees.

2.1.2 The application site is presently within an agricultural use, however there is evidence of the private equestrian development granted under application ref: DC/2008/2493 having been commenced. Presently the site is not actually being used for either agricultural or equestrian purposes, however by virtue of the commencement of works on-site, the latter does form a fall-back position in terms of any additional usage/ car trips from this source.

2.1.3 The site is constrained by its position within the High Weald Area of Outstanding Natural Beauty (AONB). The site is within the High Weald National Character Area, the High Weald Forest County Character Area, and the Horsham District St Leonards Forest Character Area. The position of the application site within these areas derives landscape sensitivities that any development needs to consider.

2.1.4 The site has an undulating topography with the lowest level being at the point of the access onto Grouse Road. There are two old barn structures on the eastern side of the site, as well as some evidence of recent ground works. The site is considered within the Landscape Character Assessment, and is endorsed by the Council’s Landscape Officer, as having some degree of physical containment. This containment is partly brought about by the minor ridge/shoulder of land on the western boundary of the site.

2.1.5 The site is connected to the public highway by an access point in the south-eastern corner of the field. The 300m (approx.) stretch of Grouse Road between the access to the application site and the T-junction with Blackhouse Road to the east is bounded by grass verges with no delineation between lanes on the carriageway. APPENDIX A/ 2 - 3

3. INTRODUCTION

3.1 STATUTORY BACKGROUND

3.1.1 The Town and Country Planning Act 1990. Planning and Compulsory Purchase Act 2004

3.2 RELEVANT GOVERNMENT POLICY

3.2.1 The following sections of the National Planning Policy Framework (2012), hereinafter referred to as the ‘Framework’, are relevant to the consideration of this application (Note: This list is not exhaustive and other paragraphs of the Framework are referred to where necessary within the contents of the report):

NPPF3 – Supporting a prosperous rural economy NPPF 4 - Promoting sustainable transport NPPF 7 - Requiring good design NPPF 11 - Conserving and enhancing the natural environment

3.2.2 Planning Practice Guidance (2014)

3.3 RELEVANT COUNCIL POLICY

3.3.1 Local Development Framework (Core Strategy 2007):

CP1 - Landscape and Townscape Character CP2 – Environmental Quality CP3 - Improving the Quality of New Development CP5 - Built-up Areas and Previously Developed Land CP10 – Employment Provision CP13 - Infrastructure Requirements CP15 – Rural Strategy CP19 – Managing Travel Demand and Widening Choice of Transport

3.3.2 Local Development Framework (General Development Control Policies 2007):

DC1 – Countryside Protection and Enhancement DC2 – Landscape Character DC4 – Areas of Outstanding Natural Beauty (AONBs) DC5 – Biodiversity and Geology DC6 - Woodlands and Trees DC7 - Flooding DC8 - Renewable Energy and Climate Change DC9 - Development Principles DC25 – Rural Economic Development and the Expansion of Existing Rural Commercial Sites/ Intensification of Uses DC26 – Replacement Buildings for Commercial Uses in the Countryside DC40 - Transport and Access

APPENDIX A/ 2 - 4

3.3.3 Horsham District Planning Framework (HDPF) Preferred Strategy:

Horsham District Planning Framework: Preferred Strategy (August 2013) - The Horsham District Planning Framework (HDPF) Preferred Strategy was approved by Council for consultation on 25th July 2013. The consultation period ran from 16th August to 11th October 2013. The planning application will be considered following this consultation period and therefore the emerging Preferred Strategy is a material consideration with limited weight in the assessment of this planning application.

3.4.1 PLANNING HISTORY

3.4.1 Recent and relevant planning history of the site comprises of the following:

Application Description of Proposal: Decision and Date Reference:

DC/08/2216 Extension and alterations to first barn to provide 12 x Withdrawn stables and use of second barn for hay and storage associated with private equestrian use and grazing.

DC/08/2493 Alterations to first barn to provide 4 x stables and Granted subject to conditions – secure storage, and refurbishment of second barn. 05 March 2009

DC/09/0528 Sand school for use within private equestrian stables. Granted subject to conditions – 22 June 2009

3.4.2 The two planning permissions granted above were heavily restricted be conditions controlling the extent and usage of the land for agricultural/ grazing, and the use of the equestrian facilities for a private and personal use only.

4.0 OUTCOME OF CONSULTATIONS

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

4.2 INTERNAL CONSULTATIONS

4.2.1 Landscape Officer:

· No objection subject to agreement of vehicle movements by WSCC Highways and Environmental Health (Officer’s Note: These have been agreed by both consultees, notwithstanding the Highway Authority’s other outstanding concerns on network geometry); · “It is considered any slight adverse landscape and visual impacts from the proposed built form will be very localised, taking account of the landscape mitigation measures proposed... On balance it is considered that the additional built form on the site is unlikely to detract from the overall quality of the AONB landscape”. APPENDIX A/ 2 - 5

· It is recommended that conditions be attached to any permission (Officer’s Note: All of the recommended conditions are included within section 8 of this report).

4.2.2 Environmental Health Officer:

· No objection following review of latest transport statement and accompanying acoustic report. It is recommended that conditions be attached (Officer’s Note: These are all attached in the recommended conditions under section 8 of this report).

4.3 OUTSIDE AGENCIES

4.3.1 WSCC Ecology:

· No objection (condition attached).

4.3.2 WSCC – Highways:

Objection and recommendation for refusal on the grounds that:

· The site cannot be accessed by LGV’s (large goods vehicles) due to a width restriction prohibition order (Officer’s Note: This is not a material planning consideration and the grant of planning permission does not override any other legislative orders or restrictions); · The highway network in the vicinity of the site is not of sufficient standard for consistent LGV use (Officer’s Note: This is however, a material planning consideration and is assessed in more detail in section 7.4 of this report) · The highway authority considers that the combination of issues; LGVs using narrow roads with few passing places, has the potential for a severe impact on the safety of other highway users (Officer’s Note: Upon seeking clarification of the potential impacts of the development, the Highway Authority are unable to provide any further evidence or determinative basis for concluding whether there would be a severe impact on transport grounds).

4.3.3 Natural England:

No objection raised but had the following comments:

· It is strongly advised that the local AONB unit be consulted on the application to inform on landscape impacts and the appropriateness of the development within the AONB (Officer’s note: There is no statutory duty to consult the High Weald AONB unit. The Council’s landscape officer is highly experienced in dealing with landscape considerations within the High Weald AONB, and a landscape character assessment has been submitted and verified as acceptable within the course of the application. Likewise, Officers are fully conversant with AONB assessments in regards to the policies in the Framework); · Third party representations have been received in respect of protected species on the application site – a survey should be submitted and the matter assessed. (Officer’s note: This has been done and the County Ecologist raises no objection); · Need to refer to Standing Advice on Ancient Woodland (Officer’s note: The Ancient Woodland is positioned to the north of the site and well away from any of the built form or area demarcated for the proposed built form and hard-standing. Conditions in respect of tree protection have been recommended, and this will safeguard the Ancient Woodland).

APPENDIX A/ 2 - 6

4.3.4 Health and Safety Executive:

Response received raising no comments on the basis of the nature of the proposal.

4.3.5 Environment Agency:

No objection on account of the site being located within Flood Zone 1

4.4 PARISH COUNCIL

4.4.1 Objection raised from Colgate Parish Council against the application on the following grounds:

· The tests of paragraph 116 of the Framework have not been met and the development would have a detrimental effect on the environment; · It has not been demonstrated that the biomass boiler and drying kilns would not have a significant adverse effect on “landscape character” · Policy DC4 of the Local Plan has not been met due to the adverse effects on character, quality and views of the landscape; · The road infrastructure is insufficient and of a poor quality; · Highway safety is poor and the application would have an adverse impact on local network; · The acoustic report does not address noise from the greenhouses and its activities; · The Aquaponics and drying kilns can be operated independently; · Lack of availability of food produce locally; · The applicant has not demonstrated a sustainable business plan; · Lack of facilities for the livestock; · Requirement to condition the installation of the acoustic fence.

4.5 PUBLIC CONSULTATIONS

4.5.1 12 letters of representation were received, and these are summarised as follows:

· We have seen no consultation with the AONB; · No satisfactory conclusion on traffic; · Late display of the site notice (Officer’s Note: The application was advertised as a major development on 21 May 2014); · “The majority of people living closest do not want it” · Planning applications of far less intrusiveness have been refused in the local area; · If the business plan fails how will the site be protected from falling into dis-repair; · Speculations relating to unauthorised uses of the site when the business fails; · Controlling noise by means of a condition is worthless; · Inappropriate industrial use within the AONB; · CPRE comments that the application would not meet the exceptional circumstances test and would adversely affect the character of the AONB, however it is also stated that the application could be considered as acceptable under paragraph 14 of the Framework; · The land has not been used for agricultural purposes; · Potential injury to highway users; · Lorries are prohibited on roads around this area; APPENDIX A/ 2 - 7

· Speculation over the intention to put a dwelling house on the site (Officer’s Note: Members are advised to consider the application on its merits); · Speculations concerning the applicant’s intentions in respect of future plant and machinery that would be brought onto the site; · Concerns in respect of how this scheme sits within the framework of subsidies provided by the Government for renewable energy projects;

4.5.2 1 letter of support has been received raising the following comments:

· This is an excellent example of the kind of innovative ecological design which will have to be developed in a crowded future; · Some element of experiment and enterprise is an essential ingredient in a healthy economy; · Timber has been harvested for generations from that area; · Queries in respect of the need for planning permission.

5.0 HOW THE PROPOSED COURSE OF ACTION WILL PROMOTE HUMAN RIGHTS

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

6.0 HOW THE PROPOSAL WILL HELP TO REDUCE CRIME AND DISORDER

6.1 It is not considered that the development would be likely to have any significant impact on crime and disorder. Further consideration will be given to this when considering any reserved matters application.

7.0 PLANNING ASSESSMENTS

7.1 Principle of Development

7.1.1 Paragraph 14 of the Framework establishes the “presumption in favour of sustainable development”, and states that proposals that accord with the development plan should be approved without delay. This paragraph only relates to ‘sustainable development’ and it is therefore necessary to firstly consider the development proposal against the criteria within paragraph 7 of the Framework. This sets out the economic, social and environmental functions to which sustainable development must perform.

7.1.2 In assessing whether this proposal performs the three aforementioned functions, various other policies of the Framework apply, and of particular importance in this case is paragraph 28, which seeks to promote a strong rural economy that:

· Supports the sustainable growth and expansion of all types of business and enterprise in rural areas, both through conversion of existing buildings and well-designed new buildings;

· Promotes the development and diversification of agricultural and other land-based rural businesses…

7.1.3 In considering the principle of the proposal, it is important to note that the lawful use of the site is agricultural. The Aquaponics use of the site is similarly an agricultural operation, and APPENDIX A/ 2 - 8

the development associated with it in terms of the greenhouses and ancillary structures and hard-standing are acceptable in principle. This part of the development is therefore in broad compliance with paragraph 28, which is designed to support the growth of rural enterprises such as this agricultural based proposal.

7.1.4 A more detailed assessment beyond just the principle of the development would also be required in respect of the size, scale, design and overall impact of the built form, as well as the associated intensification of use of the site on such matters as traffic and highways. This level of analysis is provided within the following sections of this report, and specific attention is given to the implications of the location of the site within an Area of Outstanding Natural Beauty. The conclusion of this assessment is that the agricultural, or Aquaponics, use of the site and the associated development is acceptable.

7.1.5 Turning to the renewable energy enterprise, this would be provided in addition to the Aquaponics use of the site, and would fall within a B2 use class (general industrial). The storage bins and heat exchange is designed to turn raw wood material into a useable biomass fuel (i.e. woodchip). Whilst a B2 use would ordinarily, by itself, be considered to be an inappropriate form of development within a countryside location, consideration has to be had to the intrinsic links that this form of industrial process has with forestry and woodland management. By siting biomass fuel production in close proximity to its source, there are intrinsic sustainability benefits accrued.

7.1.6 It is clear that there are significant economic benefits derived from this proposal in terms of the encouragement of a form of agricultural enterprise within a rural area. The development would, when fully operational, provide a highly efficient food source with gross yield expected to be between 5.7 and 9.3 times the average of comparable traditional farming methods for salads and vegetables. The food output is also significantly enhanced from any situation that would arise whereby the site was left to pasture for cattle alone, although it should be noted that the grazing of cattle on the site would still be possible on the western side of the application site. A breakdown of the expected annual production for the ASG plant (greenhouse) would be as follows:

· 40 - 48 tonnes of vegetables, herbs and salad produce; · 6.5 – 8 tonnes of fish and crustaceans; · 650kg of mushrooms.

7.1.7 There are also significant social benefits that would be derived out of this form of economic growth to a rural based industry, and this stems from increased and appropriate forms of employment within the countryside, as well as the additional social benefits that new jobs within the rural sector can bring about (e.g. increased expenditure and the maintaining of the vitality of more rural areas).

7.1.8 It is clear therefore that there are significant social and economic benefits that can be brought about by the proposal, and that clearly the development would meet the sustainability objectives of paragraph 7 of the Framework. An assessment of the environmental factors of the development is set out within the following sections of this report, however to summarise, whilst slight adverse harm maybe caused to the character of the area solely as a result of additional built form and activity, there are also environmental benefits.

7.1.9 It is considered that overall the development fulfils the three functions of sustainable development under paragraph 7 of the Framework, and that for this reason there is a presumption in favour of granting planning permission unless any adverse impacts significantly and demonstrably outweigh the benefits of doing so. This is assessed within the following sections of the report. APPENDIX A/ 2 - 9

7.2 Landscape Character

7.2.1 One of the Core Planning Principles within the Framework states that:

“Planning should... take account of the different roles and character of different areas... recognising the intrinsic character and beauty of the countryside and supporting thriving rural communities within it”.

7.2.2 It is recognised that the application site lies within the High Weald Area of Outstanding Natural Beauty (AONB), and that this is a designated area for the purposes of the Framework, whereby great weight should be given to conserving the landscape and scenic beauty. Paragraph 116 of the Framework states that permission should be refused for major development within these designated areas except in exceptional circumstances and where it can be demonstrated they are in the public interest.

7.2.3 Whilst duly noting the reference to paragraph 116 and specifically ‘major development within these designated areas’, the reasons for the application being described as a major development are considered to be relevant in this context. A development is classified as being ‘major’ when the floorspace exceeds 1,000sqm (gfa) and when the site area exceeds 1.0ha. The proposed gross floor space in this application amounts to 1,431sqm, although this would be 1,141sqm if discounting the existing floor space on the site that would be replaced by new building.

7.2.4 The site area to which the built form and hard-standing (i.e. the development) would occupy is also substantially closer to 1.0ha rather than the total site area of 3.31ha as stated in the application form. It is therefore the case that if the existing and proposed pasture land were to be taken out of the red-lined area (the application site), and instead the red-lined area just related to the ‘developed’ area of the site that requires planning permission, then the site area would be reduced and the application would be deemed to be closer to a minor form of development.

7.2.5 The marginal extent to which this development exceeds the tolerances of a minor development and becomes classified as a major development, thereby necessitating an assessment under the exceptional tests of paragraph 116 of the Framework, is considered to be a significant material consideration. A marginally lesser scheme in terms of floor space and site area would not necessitate the same level of assessment in terms of an exceptional case being needed for the proposal. Nevertheless, the application is to be determined on the basis of the red-lined area, and, a paragraph 116 assessment has been made as follows:

· The need for the development, including in terms of any national considerations, and the impact of permitting it, or refusing it, upon the local economy;

7.2.6 There is an identified need for the production of biomass fuels on a national level, and this is best evidenced in the 2007 document entitled ‘A Woodfuel Strategy for England’ by the Forestry Commission, in which it sets an aim to bring an additional 2 million tonnes of Woodfuel to the market annually. The application site is located within a heavily wooded area of the countryside, where woodfuels can be harvested for biomass fuel production in a sustainable manner. Within a 10 mile radius of the application site, there are 15,656ha of woodland, of which 2,952ha are coniferous. Local wood source is therefore in supply.

7.2.7 In respect of the Aquaponics use of the application site, there is a documented need at the present time for improvements to be made to agriculture and the production of our food, both in terms of sustainably feeding a growing population but also in terms of protecting the APPENDIX A/ 2 - 10

environment and climate. The Government has identified a need for the ‘sustainable intensification of our agricultural sector’. The proposed development is a highly sustainable and highly efficient way in which to achieve these goals, and there is for these reasons a demonstrable need for the development.

7.2.8 The refusal of planning permission in this instance would result in the loss of the identified social and economic benefits that the development would bring to the local economy. These are important considerations, and their loss when coupled with the wider need, would be highly undesirable in planning terms.

· The cost of, and scope for, developing elsewhere outside the designated area, or meeting the need for it in some other way; and

7.2.9 The requirement under this heading clearly states that an assessment needs to be taken of the opportunities for delivering this development elsewhere outside of the AONB or meeting the need in some other way. The landscape assessment of the proposal has highlighted the opportunities of the site in terms of its topography, visual containment and existing structures. It is these attributes that make the site acceptable for the proposed form of development, despite its location within the AONB. The nature of the site lends itself to this form of low-rise agricultural development, and whilst the absence of a sequential test analysis fails to highlight alternative and available sites that meet the same criteria, the level of harm and the benefits accrued by the proposal are such that this site is considered to be acceptable in and of itself.

· Any detrimental effect on the environment, the landscape and recreational opportunities, and the extent to which that could be moderated.

7.2.10 The proposed development has been assessed as having a limited impact on the landscape character of the application site and its surroundings. The proposal takes the opportunities through the design and positioning of the built form on the site, as well as the design of the building itself, to moderate its impact on the surrounding landscape.

7.2.11 There are no views into and out of the site that would be significantly harmed by the proposed scheme, and the development provides biodiversity and landscaping improvements to soften and moderate the overall impact of the development. The scheme has been assessed by the District Landscape Officer, who has considered that subject to clarity over the amount of activity attributed through vehicle movements, the proposal is satisfactory and would not cause deleterious harm on the landscape character of the area and the designated AONB in which the appeal site sits.

7.2.12 The development is considered to be acceptable in landscape terms subject to the appropriate implementation of the landscaping and ecological strategy to moderate its impacts on the local, natural environment. An assessment under the criteria in paragraph 116 of the Framework is considered to demonstrate that the proposal would not cause harm to the character of the AONB, and through its significant sustainability credentials, represents an exceptional circumstance that is within the overall public interest.

7.2.13 The application is considered to be sustainable in terms of the third strand of paragraph 7 (the environment), and is compliant with the criteria in paragraphs 17 and 116 of the Framework. On a more local level, the application complies with policies CP1, CP3, DC2, DC4 and DC9 of the Horsham District Council Local Development Framework (2007) Core Strategy and General Development Control Policies (2007) respectively.

APPENDIX A/ 2 - 11

7.3 Environment Quality

7.3.1 Policies CP2 and DC9 of the Horsham District Council Local Development Framework (2007) require that new development provides a satisfactory quality of environment. Policy CP2 deals with matters relating specifically to the environmental impacts of pollutants, whilst policy DC9 is targeted more towards amenity and character.

7.3.2 The proposed development will sit on an agricultural field that is only partially developed at present by agricultural/ equestrian forms of structures. There are no identified underlying ground conditions that would be problematic in terms of contamination or pollution, and robust conditions are recommended to ensure that the proposed development would similarly operate in a sustainable manner.

7.3.3 In respect of the impact of the development on noise, the main source of which would be the coming and going of vehicles from the site and operation of the plant, paragraph 109 of the Framework states that: “the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from… being put at an unacceptable risk from or being adversely affected by unacceptable levels of… noise pollution”.

7.3.4 The Applicant’s Transport Statement has been assessed by the Council’s Environmental Health Officer, along with the associated Acoustic Report and supplemental acoustic statement that has been submitted during the course of the application, and no concerns have been raised on the grounds of noise disturbance by traffic generation.

7.3.5 Whilst Environmental Health Officers would not consider the application on the basis of whether or not it would maintain the tranquil character of the AONB, their assessment, together with the associated reports referred to above are material to this ‘character’ aspect of the application. Officers are of the opinion that the level of movements each day and cumulatively across the course of the week, whilst being greater than the present time, would not cause a significant amount of harm to the character of the area.

7.3.6 The Environmental Health Officers are aware of the nature of the application in respect of the proposed B2 use, and the associated plant that would be in operation on the site. Whilst conditions have been recommended in respect of tying in the acoustic fencing by condition, no objections to the application have been received on the grounds of noise and disturbance from the proposed plant. In any case, the nearest residential property is a considerable distance from the position of the nearest noise source.

7.3.7 The proposal is considered to be acceptable in terms of its environmental credentials, and would not have any significant and demonstrable impacts on air quality, noise disturbance or contamination. The application is therefore compliant with the third strand of sustainable development, section 11 of the Framework, and the aforementioned local plan policies within this section of the report.

7.4 Highways and Transport

7.4.1 Paragraph 32 of the Framework states that:

“Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe”.

APPENDIX A/ 2 - 12

7.4.2 The above test is the level of harm that any given development would need to reach for an objection on highway grounds to be sustained. There has been much consideration given to the impact of the proposed development, when fully operational, on the surrounding highway network. The site is undoubtedly positioned in a rural, and it could be said reasonably isolated, area. However, this is not unacceptable for the largely agricultural nature of the proposed development.

7.4.3 The Highway Authority has considered the proposed development, and despite firstly not raising an objection to the proposed development, have decided to now raise an objection at the time of this report being compiled. It should firstly be noted that the Highway Authority have assessed and have not raised an objection to the access onto the site, the increase in trip movements in itself, the sustainability of the location of the site, and the level of on-site parking.

7.4.4 The Highway Authority’s objection rests on the increased use of the local highway network by large vehicles, and the narrowness of the carriageway. This specifically relates to the 300m (approx.) stretch of Grouse Road between the access onto the application site and the junction with Blackhouse Road. The standard within the guidance document: Manual for Streets, requires the carriageway to have a width dimension of 4.8m from kerb to kerb, however this is only guidance and needs to be implemented on a case by case basis having regard to other material considerations. The 4.8m dimension allows a car and large vehicle to pass.

7.4.5 The applicant’s transport consultants have confirmed that an assessment of this section of Grouse Road meets the aforementioned dimension. Officers have visited the section of Grouse Road in question and measured the width of the carriageway at its closest points. These measurements concur with the applicant’s assessment. The Highway Authority has not, to the knowledge of Officers, carried out any measurements of the highway width. It is therefore deemed that the carriageway is of an acceptable width to meet the requirements of Manual for Streets,

7.4.6 It is also highly relevant for the determination of an acceptable carriageway width to consider the geometry of this section of Grouse Road. The road is largely straight and does not suffer from over-growing vegetation or spilling earth banks either side of the carriageway. Visibility is therefore very good and opposing drivers would have sight of one another a long distance before they would meet. The extent of visibility is such that, notwithstanding the carriageway’s broad compliance with the 4.8m dimension in Manual for Streets, drivers would still have sufficient time as to be able to position their vehicle on the carriageway in a manner that would allow safe passing.

7.4.7 It should also be noted that the problematical issue of the ‘narrow’ highway is considered to only be a significant material consideration up until the point at which it meets Blackhouse Road. From there on, and in an easterly direction, the road is already used by large vehicles from Blackhouse Road, and the estimated 15-20 numbers of large vehicle movements/weekly from the appeal site would, cumulatively, have far less of an effect on the existing highway capacity and safety. Consequently the 300m section of road to the application site is the only part of Grouse Road that would experience any noticeable intensity in the frequency of large vehicle movements.

7.4.8 The important factor for consideration in this application is whether or not it can be demonstrated that there would be a severe impact on transport grounds through the granting of this permission and its implementation. The Highway Authority has recorded that there is a potential for a severe impact, and have emphasised in italics the potential for APPENDIX A/ 2 - 13

this level of harm. A potential severe impact, without any evidence to demonstrate that there would be a severe impact is not a sufficient basis to refuse planning permission.

7.4.9 The applicant and Officers have measured the section of Grouse Road that is of concern to the Highway Authority, and it is noted that it is of a sufficient width in and of itself to meet the guidance in Manual for Streets. Its straight geometry is but one further factor that would moderate any harm in the event that there maybe a slight infraction of this dimension at a given certain point along this stretch of Grouse Road.

7.4.10 In simple terms, there is not the necessary amount of harm identified in this instance to demonstrate that there would be a severe impact on transport grounds, and on this basis the application is deemed to comply with policy DC40 of the General Development Control Policies (2007), policy CP19 of the Core Strategy (2007), and section 4 of the Framework.

7.4.11 It should be stressed however, that there is harm arising from the proposal in terms of the increase in large vehicles using the section of Grouse Road leading east from the site to Blackhouse Road. This harm, whilst being insufficient in itself to justify a refusal of planning permission, would be considered as an adverse impact that would need to be taken into account when carrying out the balancing exercise within paragraph 14 of the Framework.

7.5 Trees, Woodland and Ecology

7.5.1 One of the key elements of the environmental role of sustainable development (paragraph 7 of the Framework) is the need to enhance the natural environment and help improve biodiversity. The need to take into account biodiversity is reinforced in the local plan by policy DC5 of the General Development Control Policies (2007).

7.5.2 The development will take place on land that is mostly positioned away from the edges of the application site (i.e. centrally on grassland areas), and therefore the impact on existing habitats within boundary vegetation will be limited. Nevertheless, the application has been supported with a comprehensive biodiversity action plan for the future, which splits the application site into four new ‘habitat’ sections entitled: hedgerow; traditional orchard; ponds; and lowland meadow.

7.5.3 As the above names for the ‘habitat’ sections suggest, the scope for biodiversity improvements on the application site is significant, thereby bringing about real ecological gains for the site and its surroundings. This action plan would be secured by condition in terms of both its provision, as well as securing its future management.

7.5.4 The application is therefore considered to contribute exponentially to the existing habitats and ecology on the site and in the surroundings, and is therefore fully conversant with the environmental role of sustainable development, as well as policies DC5 and DC6 of the General Development Control Policies (2007).

7.6 Conclusion

7.6.1 The proposed scheme is a sustainable form of development in terms of it fulfilling all three of the functions of paragraph 7 of the Framework: a social role; an economic role; and an environmental role. It therefore follows that there is a presumption in favour of the development, and that permission should only be refused where: (i) there are significant and demonstrable adverse impacts that outweigh the benefits of the proposal; or (ii) where specific policies in the Framework require that development be restricted.

APPENDIX A/ 2 - 14

7.6.2 The development provides significant benefits in terms of increased and sustainable food production, generating wood fuels for renewable and low carbon technology, enhancing the rural economy and providing agricultural employment; as well as providing substantial biodiversity improvements on many levels.

7.6.3 The impacts arising from a potential slight adverse landscape and visual harm, together with an adverse impact on the highway network are relevant to the consideration of this application, however it has not been demonstrated that they are significant and that they would outweigh the many benefits of granting planning permission. The first test of paragraph 14 has therefore been met.

7.6.4 This report considers whether there are any specific policies within the Framework, which the application fails to meet, and that would restrict development. There are no specific policies that the application would not be able to comply with, and on this basis the development should not be restricted. The second test of paragraph 14 has therefore also been met.

7.6.5 It is therefore considered that the application represents a sustainable form of development, and one for which the presumption in favour applies. It is recommended that planning permission be granted subject to conditions.

8.0 RECOMMENDATIONS

8.1.1 It is recommended that the application be granted planning permission subject to the attachment of the following conditions:-

1. Full planning permission time limit (3 years)

Reason: To enable the Local Planning Authority to control the development in detail

2. Details of the elevation materials to be used in the buildings are to be submitted and agreed in writing by the Local Planning Authority. The development shall be implemented in accordance with the agreed details.

Reason: To secure an adequate visual appearance

Landscape, Ecology and Trees:

3. Prior to the commencement of any part of the development hereby approved full details of all hard and soft landscaping works, to include boundary treatment and acoustic fencing, shall be submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of ensuring an appropriate visual appearance to the development and moderate any views of the development within the AONB

4. Provision of tree protection measures prior to the commencement of any part of the development including ground clearance. The development shall be completed in accordance with the approved details.

Reason: In the interests of safeguarding trees and woodland on and adjacent to the site.

APPENDIX A/ 2 - 15

5. Details to be submitted of trench and underground services prior to the commencement of the development hereby approved. The development shall be completed in accordance with the approved details.

Reason: In the interests of safeguarding trees and woodland on and adjacent to the site.

6. Prior to the commencement of any part of the development hereby approved a landscape and ecological management and plan shall be submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of ensuring an appropriate visual appearance to the development and moderate any views of the development within the AONB, as well as to protect wildlife habitats

7. Prior to the commencement of the development, a scheme for the implementation of all of the recommended objectives within the Biodiversity Action Plan shall be submitted to and agreed in writing by the Local Planning Authority. The development shall be implemented in accordance with the agreed details.

Reason: In the interests of securing the biodiversity and ecological benefits.

8. No burning of any materials shall take place within 10m of the furthest extent of the canopy of any tree or group of trees

Reason: In the interests of safeguarding trees and woodland on and adjacent to the site.

9. There shall be no felling of any tree other than those agreed.

Reason: In the interests of safeguarding trees and woodland on and adjacent to the site.

10. Works under the canopy of retained trees shall meet a specified requirement as detailed within the publication APN 12 “Through the Trees to Development”

Reason: In the interests of safeguarding trees and woodland on and adjacent to the site.

Highways:

11. No part of the development shall be first occupied until visibility splays of 2.4m metres by 160 metres have been provided at the proposed site vehicular access onto Grouse Road in accordance with the approved planning drawings. Once provided the splays shall thereafter be maintained and kept free of all obstructions over a height of 0.9 metre above adjoining carriageway level or as otherwise agreed.

Reason: In the interests of road safety.

12. No development shall commence until the vehicular access serving the development has been constructed in accordance with plans and details submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of road safety.

APPENDIX A/ 2 - 16

13. No development shall take place, including any works of demolition, until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. Thereafter the approved Plan shall be implemented and adhered to throughout the entire construction period. The Plan shall provide details as appropriate but not necessarily be restricted to the following matters,

· the anticipated number, frequency and types of vehicles used during construction, · the method of access and routing of vehicles during construction, · the parking of vehicles by site operatives and visitors, · the loading and unloading of plant, materials and waste, · the storage of plant and materials used in construction of the development, · the erection and maintenance of security hoarding, · the provision of wheel washing facilities and other works required to mitigate the impact of construction upon the public highway (including the provision of temporary Traffic Regulation Orders), · measures to control the emission of dust and dirt during demolition and construction, lighting for construction and security, · details of public engagement both prior to and during construction works.

Reason: In the interests of highway safety and the amenities of the area.

Restriction on Use:

14. No buildings, plant and equipment other than that approved under this permission shall be placed or erected on the site without the prior approval in writing by the Local Planning Authority.

Reason: In the interests of preventing against an intensification of the site and subsequent harmful impacts on highway safety and the character of the AONB

15. The buildings hereby approved shall only be used for their designated purpose as shown on the floor plans, and shall not be put into any other use without the prior agreement in writing by the Local Planning Authority.

Reason: To restrict against one or other of the approved uses expanding and therefore intensifying vehicular movements to/from the site, as well as generating a greater level of activity within the AONB.

General:

16. Prior to the commencement of any part of the development hereby approved, full details of foul and surface water drainage shall be submitted to and agreed in writing by the Local Planning Authority. The development shall be completed in accordance with the approved details.

Reason: In the interests of ensuring proper drainage of the new development in the interests of the amenity of future and neighbouring occupiers, and to prevent surface water flooding.

17. Before development commences precise details of the finished floor levels of the development in relation to a nearby datum point shall be submitted to and approved by the APPENDIX A/ 2 - 17

Local Planning Authority in writing. The development shall be completed in accordance with the approved details.

Reason: To ensure the appropriate implementation of the development

18. Restriction of the hours of construction work to weekdays and Saturday mornings, and not at all on the remainder of the weekends and bank holidays.

Reason: To protect the amenity of local residents from construction activity and disturbance.

19. No external lighting shall be installed on the buildings or erected on site unless where agreed in writing by the Local Planning Authority.

Reason: In the interests of ecology and the rural character of the area

20. Prior to the commencement of any part of the development hereby approved details of refuse and recycling shall be submitted to and agreed in writing by the Local Planning Authority. The development shall be implemented in accordance with the agreed details.

Reason: In the interests of adequate refuse and recycling provision and to safeguard the character and appearance of the site

8.1.2 Informatives:

Section 59 of the 1980 Highways Act - Extra-ordinary Traffic

8.1.3 The applicant is advised to enter into a Section 59 Agreement under the 1980 Highways Act, to cover the increase in extraordinary traffic that would result from construction vehicles and to enable the recovery of costs of any potential damage that may result to the public highway as a direct consequence of the construction traffic. The Applicant is advised to contact the Highway Officer (01243 642105) in order to commence this process.

Section 278 Agreement of the 1980 Highways Act - Works within the Highway

8.1.4 The applicant is advised to enter into a legal agreement with West Sussex County Council, as Highway Authority, to cover the off-site highway works. The applicant is requested to contact The Implementation Team Leader (01243 642105) to commence this process. The applicant is advised that it is an offence to undertake any works within the highway prior to the agreement being in place.

Background Papers: DC/14/0587

Contact Officer: James Hutchison DC/14/0587

Part of Land Known As Blindmans Wood

Scale : 1:2500

SLA Number 100018563 APPENDIX A/ 3 - 1.

DEVELOPMENT MANAGEMENT REPORT

TO: Development Management Committee North

BY: Development Manager

th DATE: 5 August 2014

DEVELOPMENT: Minor material amendment to application DC/13/0429 for the erection of 27 residential units comprising 4 x 4 bed houses, 5 x 4/5 bed houses, 7 x 5 bed houses, 3 x 2 bed and 2 x 3 bed houses plus 2 x 1 bed and 4 x 2 bed flats with associated access, parking, landscaping and infrastructure including demolition of existing structures. The amendment involves the provision of a front dormer window to units 12, 13, 14 and 15.

SITE: The Firs, Farthings Hill, Horsham

WARD: Denne

APPLICATION: DC/14/0836

APPLICANT: Crest Nicholson South

REASON FOR INCLUSION ON AGENDA: Small scale major application

RECOMMENDATION: To delegate the decision with a view to granting planning permission subject to the prior completion of a Section 106 Agreement and the imposition of conditions.

1. THE PURPOSE OF THIS REPORT

To consider the planning application.

DESCRIPTION OF THE APPLICATION

1.1 This application seeks a minor material amendment to houses 12, 13, 14 and 15 to provide a dormer window within the front roof slopes of each house, to the side of the roof above the first floor bedroom windows and garage below.

Contact: Richard Elder Tel: 01403 215189 APPENDIX A/ 3 - 2.

1.2 The dormer windows would measure 1.7 metres wide, 1.7 metres high and 2.5 metres deep incorporating a flat roof and windows to match. The dormer windows would facilitate the use of the roof space as an additional bedroom to create a fifth bedroom house providing outlook and additional daylight to this habitable room.

DESCRIPTION OF THE SITE

1.3 The application site is located on the south side of the corner junction of the A281 Farthings Hill, the Farthings Hill interchange and the A24 dual carriageway along the western boundary. The development has already commenced and is at an advanced stage.

1.4 The site is accessed from Farthing Hill to the north of Archers and Burleigh within the previous front gardens of these houses. Along the eastern boundary is the rear garden of Chailey in Guildford Road and that of The Grange and Rudgwick House which are situated in Farthings Walk. The site also adjoins Farthings Walk to the south with Amberley House and Boxgrove House sharing a common boundary with the application site. The western boundary of the site adjoins the southbound slip road from the Farthings Hill interchange onto the A24.

PLANNING HISTORY

1.5 The most relevant planning history is as follows:

DC/11/0404 Renewal of outline permission DC/07/1922 was considered by the Committee on 3rd May 2011. It was resolved to delegate the application for approval subject to the completion of a S106 agreement. Approved 1st June 2011.

DC/12/0987 Erection of 28 residential units comprising 16 houses (3 x 4/5 bed, 4 x 4 bed and 9 x 5 bed) plus 12 flats (4 x 1 bed, 6 x 2 bed and 2 x 3 bed) with associated access, parking, landscaping and infrastructure including demolition of the existing structures. Refused on 4th December 2012. A subsequent appeal was withdrawn on 21st November 2013.

DC/13/0429 Erection of 27 residential units comprising 4 x 4 bed houses, 5 x 4/5 bed houses 7 x 5 bed houses, 3 x 2 bed and 2 x 3 bed houses plus 2 x 1 bed and 4 x 2 bed flats) with associated access, parking, landscaping and infrastructure including demolition of existing structures (The Firs and land to the rear of Burleigh and Archers). Approved 3rd October 2013.

APPENDIX A/ 3 - 3.

2. INTRODUCTION

STATUTORY BACKGROUND

2.1 The Town and Country Planning Act 1990.

RELEVANT GOVERNMENT POLICY

2.3 National Planning Policy Framework 2012 2.4 Planning Practice Guidance 2014

RELEVANT COUNCIL POLICY

2.5 The following Development Plan Documents (DPDs) also form part of the development plan and are relevant to the determination of the application, the adopted Core Strategy DPD (2007), the General Development Control Policies DPD (2007) and the adopted Proposals Map (2007).

Local Development Framework: Core Strategy (2007): CP1 – Landscape and Townscape Character CP2 – Environmental Quality CP3 – Improving the Quality of New Development CP5 – Built-Up Areas and Previously Developed Land C11 – Employment Sites and Premises CP12 – Meeting Housing Need CP13 – Infrastructure Requirements CP19 – Managing Travel Demand and Widening Choice of Transport

Local Development Framework: General Development Control Policies (2007): DC1 – Countryside Protection and Enhancement DC8 – Renewable Energy and Climate Change DC9 – Development Principles DC12 – Conservation Areas DC18 – Housing Mix DC19 – Employment Site/Land Protection DC40 – Transport and Access

2.6 SP6 – Planning Obligations

2.7 Horsham District Planning Framework: Preferred Strategy (August 2013) - The Horsham District Planning Framework (HDPF) Preferred Strategy was approved by Council for consultation on 25th July 2013. The consultation period ran from 16th August to 11th October 2013. The planning application will be considered following this consultation period and therefore the emerging Preferred Strategy is a material consideration with limited weight in the assessment of this planning application.

APPENDIX A/ 3 - 4.

3. OUTCOME OF CONSULTATIONS

INTERNAL CONSULTATIONS

3.1 Environmental Health: No response

3.2 Strategic Housing Manager: No response

OUTSIDE AGENCIES

3.3 West Sussex County Council Highways: No objection

3.4 Denne Neighbourhood Council: No objection

PUBLIC CONSULTATIONS

3.5 The application was advertised by way of press notice in the West Sussex County Times. Due to the nature of the proposed amendment, which would not affect neighbouring properties, it was considered that the proposal did not warrant the need for a site notice or neighbour consultation.

3.6 No public representations have been received.

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

Article 8 (right to respect of a private and family life) and Article 1 of the First Protocol (protection of property) of the Human Rights Act 1998 are relevant to the application. Consideration of Human Rights forms part of the planning assessment below.

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

It is not considered that there are any implications for crime and disorder arising from this application.

6. PLANNING ASSESSMENT

6.1 The principle of the development has been accepted by the grant of planning permission DC/13/0429 on the 3rd October 2013. The main issues in the determination of this application are the impact of the dormer windows on the appearance of the houses, the amenities of neighbouring and future occupiers, the resulting housing mix, road noise from the A24, and parking.

APPENDIX A/ 3 - 5.

Design, Scale and Appearance

6.2 Policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007) sets out the general principles of development which includes making a clear distinction between the public and private spaces within the site.

6.3 Within this particular locality the character comprises large detached residential properties and substantial gardens of between 2-3 storeys in height and a variety of designs and styles. The adjacent houses of plot units 8, 9, 10 and 11 comprise a 3rd storey to the fronts of the houses, sloping down to the rear incorporating a dormer within the rear roof slope. It is considered, therefore, that the incorporation of a modestly sized dormer window to the front roof slopes of houses 12-15 would be appropriate and would continue to provide a reduction in height/scale as development approaches the boundary with the A24 slip road. As such, it is considered that the design, scale and appearance of the proposed dormer windows are acceptable and would accord with the requirements of Policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

Housing Mix

6.4 Policy DC18 of the Horsham District Local Development Framework: General Development Control Policies (2007) states that for developments of 5 or more homes, planning permission will be granted in appropriate locations provided that the housing mix and type meets an identified need for smaller homes, and proposals will be expected to make efficient use of land.

6.5 Policy CP12 of the Local Development Framework Core Strategy (2007) states that development should provide a mix of housing sizes, types and tenures to meet the needs of the District communities as set out in the 2012 update to the Strategic Housing Mix Assessment.

6.6 The houses subject of this application are for market housing and the affordable provision is unaffected. The market housing mix would change from 4 x 4 bed houses, 5 x 4/5 bed houses, and 7 x 5 bed houses to 4 x 4 bed houses and 12 x 5 bed houses. Whilst the emphasis in the development would change towards the larger size of dwellings, it should be noted that this site lies within an area of large detached houses in this part of Horsham, in particular the established dwellings fronting onto Guildford Road and the Berkeley Homes development situated in Farthings Walk. The affordable housing mix provides a wider variety of smaller 1, 2 and 3 bed houses and flats which would make up for the larger sized units of the market housing. It is considered, therefore, that the amended mix of dwelling sizes and types for the development as a whole would be appropriate in these circumstances and in this location and would accord with Policy DC18 of the Horsham District Local Development Framework: General Development Control Policies (2007) and Policy CP12 of the Local Development Framework Core Strategy (2007).

APPENDIX A/ 3 - 6.

Residential Amenities

6.7 Policy CP3 of the Local Development Framework Core Strategy 2007 states that development should provide an attractive, functional, accessible, safe and adaptable environment.

6.8 Policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007) sets out the general principles of development which include ensuring buildings and spaces are orientated to gain maximum benefit from sunlight and passive solar energy.

6.9 Paragraph 17 of the NPPF sets out the core land use principles which includes securing high quality design and a good standard of amenity for all existing and future occupants of land and buildings. 6.10 House plots 12 and 13 are located to the south west corner of the site and plots 14 and 15 are virtually opposite on the north side of the access road. The dormer windows located on the front roof slopes would face inwards into the site towards the access road, facing the fronts of the application houses. As such, the dormers would have no impact on the privacy of residents within Farthing Walk to the south or future occupiers of the surrounding houses.

6.11 The proposed amendment, therefore, would not impact on residential amenity in accordance with Policy DC9 of the Horsham District Local Development Framework General Development Control Policies (2007), Policy CP3 of the Local Development Framework Core Strategy (2007) and paragraph 17 of the NPPF.

Parking

6.12 Policy CP19 of the Horsham District Council Local Development Framework: Core Strategy 2007 seeks to maintain and improve the existing transport system, road safety, bus services and innovative public transport initiatives in a sustainable location.

6.13 Policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007) seeks to ensure proposals are safe with adequate means of access, located close to public transport and provide sufficient car parking and cycle parking.

6.14 With regard to the level of car parking, there would be provision of 72 spaces in total for the 27 units including garages and four visitor spaces and the proposed amendment would not change this. House units 12-15 would benefit from 3 allocated parking spaces in the form of an integral garage and 2 parking spaces to the front. West Sussex County Council Highways have been consulted and raise no objection to the amendment.

6.15 As such, it is considered that the parking implications would accord with the requirements of Policy C19 of the Horsham District Council Local Development Framework: Core Strategy and Policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

APPENDIX A/ 3 - 7.

Legal Agreement

6.16 An amended Section 106 legal agreement is required to address the new planning permission, subject of this application, to secure the provision and tenure of the affordable housing on the site and the contributions towards infrastructure. The amount of contributions and content of the agreement would not change from the previous agreement as a consequence of this amendment application.

Conclusions

6.17 The proposed amendment to provide a front dormer window to housing units 12-15 would not materially affect the appearance of the houses or the character or appearance of the development and surrounding area. The proposed housing mix of house sizes would not significantly change from 4/5 bedrooms to 5 bedrooms and the provision of 3 parking spaces would be sufficient. The dormer windows would not result in any undue overlooking towards surrounding houses and would have no impact on residential amenity as a result.

6.18 As such, it is considered that the proposed minor material amendment would accord with the policies contained within the LDF Core Strategy 2007, LDF General Development Control Policies 2007 and the policies within the NPPF, subject to conditions and the completion of a S106 legal agreement.

7. RECOMMENDATION

7.1 It is recommended the application be delegated to the Head of Planning and Environmental Services with a view to approval subject to conditions and completion of a Section 106 Agreement.

1. The development shall be carried out in full accordance with the approved materials, finishes and colours and permanently maintained as such unless alternative details are agreed in writing 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 DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

2. Within 1 month of the date of this decision notice, full details of screen walls and/or acoustic fences shall be submitted to and approved in writing by the Local Planning Authority and no dwellings/buildings shall be occupied untiil such screen walls and/or fences associated with them have been erected. Thereafter the screen walls and/or fences shall be retained as approved and maintained in accordance with the approved details.

Reason: In the interests of amenity in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

APPENDIX A/ 3 - 8.

3. The development shall be carried out in full accordance with the approved details of cycle parking facilities and the facilities so provided shall be thereafter retained solely for that purpose.

Reason: To ensure that there is adequate provision for the parking of cycles in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

4. The construction of the development, hereby permitted, shall be carried out in full accordance with the approved construction management plan and the approved facilities shall be retained and available for use throughout the period of work required to implement the development unless alternative details are agreed in writing by the Local Planning Authority.

Reason: In the interests of road safety and/or in the interests of amenity and in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

5. No work for the implementation of the development hereby permitted shall be undertaken on the site except between 08.00 hours and 18.00 hours on Mondays to Fridays inclusive and 08.00 hours and 13.00 hours on Saturdays, and no work shall be undertaken on Sundays, Bank and Public Holidays unless otherwise agreed in writing by the Local Planning Authority.

Reason: To safeguard the amenities of nearby residents in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

6. The development shall be carried out in full accordance with the approved vehicle wheel- cleaning facility details and such facilities 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, hazard or visual intrusion from material deposited on the road system in the locality.

Reason: In the interests of road safety and in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

7. Within 1 month of the date of this decision notice, full details of the finished floor levels of the development in relation to a nearby datum point shall be submitted to and approved in writing by the Local Planning Authority and shall be completed in accordance with the approved details.

APPENDIX A/ 3 - 9.

8. The dwelling(s) / building(s) hereby permitted shall not be occupied unless and until provision for the storage of refuse/recycling bins has been made within the site in accordance with details to be submitted to and approved in writing by the local planning authority.

Reason: To ensure the adequate provision of recycling facilities in accordance with policy CP2 of the Horsham District Local Development Framework: Core Strategy (2007).

9. Notwithstanding the proposals shown on the submitted landscape strategy drawing no 14414-5 000 Rev P3, within 1 month of the date of this decision notice, full details of hard and soft landscaping works shall be submitted to and approved in writing by the Local Planning Authority. These details shall be submitted concurrently as a complete scheme, unless otherwise agreed with the Local P lanning Authority, and shall comprise: o A detailed plan and specification for topsoil stripping, storage and re- use on the site in accordance with recognised codes of best practice o Planting and seeding plans and schedules specifying sp ecies, planting size, densities and plant numbers o Tree pit and staking/underground guying details o A written hard and soft specification (National Building Specification compliant) of planting (including ground preparation, cultivation and other operations associated with plant and grass establishment) o Existing and proposed levels for all external soft and hard landscape areas o Hard surfacing materials: layout, colour, size, texture, coursing and levels o Walls, fencing and railings: location, type, heights and materials, including full details of the acoustic fence and its staining o Minor artefacts and structures - location, size and colour and type of street furniture,, signage, refuse units and lig hting columns and lanterns

The approved scheme shall be implemented in full accordance with these details. Planting shall be carried out according to a timetable to be agreed in writing with the Local Planning Authority prior to commencement of the development.

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

Reason: To ensure a satisfactory development in the interests of amenity in accordance with Policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007)

10. Within 1 month of the date of this decision notice, a detailed long term Landscape Management and Maintenance Plan for all landscape areas shall be submitted to and approved by the Local Planning Authority in writing.

The plan shall include: o Aims and Objectives o A description of Landscape Components APPENDIX A/ 3 - 10.

o Management Prescriptions o Details of maintenance operations and their timing o Details of the parties/orgainisations who will be maintain and manage the site, to include a plan delineating the areas that they will be responsible for

11. Within 1 month of the date of this decision notice, full details of all underground services, including the position/layout, sizes and depths of service ducts, pipes, soakaways, manhole covers, and any above ground boxes/units shall be submitted to and approved by the Local Planning Authority in writing. These details shall demonstrate effective coordination with the landscape scheme submitted pursuant to condition 9, and with existing trees on the site by submission of a plan overlaying these details on the landscape scheme. All such underground services shall be installed in accordance with the approved details.

Reason: To protect roots of important trees and hedgerows on the site in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007) and in the interests of visual amenity.

12. The burning of any materials from site cle arance or from any other source shall not take place within 10m of the furthest extent of the canopy of any tree, group of trees, or hedgerow, targeted for retention on the site or on land adjoining.

Reason: To protect trees and vegetation from fire damage in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

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

APPENDIX A/ 3 - 11.

14. The dwelling(s) shall achieve a Code Level 3 in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (or such national measures of sustainability for house design that replaces th at scheme). No dwelling(s) shall be occupied until a Final Code Certificate has been issued for it certifying that Code Level 3 has been achieved.

Reason: To ensure the dwelling makes the most efficient use of renewable energy and to comply with polic y DC8 of the Horsham District Local Development Framework: General Development Control Policies (2007).

15. Within 1 month of the date of this decision notice, 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, shall be submitted to and approved in writing by the Local Planning Authority.

The scheme shall include details of how the scheme shall be maintained and managed after completion and details of flood flow routes, should the system be exceeded. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

Reason: To prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity, and ensure future maintenance of these. This planning condition is necessary to ensure the development complies with the principles of the National Planning Policy Framework.

16. Within 1 month of the date of this decision notice, a scheme to dispose of foul drainage shall be submitted to, and approved in writing by, the local planning authority. The scheme shall be implemented as approved.

Reason: To ensure that the development is properly drained in accordance with Policy DC7 of the Horsham District Council Local Development Framework: General Development Control Policies (2007).

17. The dwellings shall not be occupied until the car parking has been constructed in accordance with the approved site plan. These spaces shall thereafter be retained at all times for their designated purpose.

Reason: To ensure adequate off- street provision of parking in the interests of amenity and highway safety and in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

18. The garage buildings shall be used only as private domestic garages for the parking of vehicles incidental to the use of the properties as dwellings and for no other purposes.

APPENDIX A/ 3 - 12.

19. Completed dwellings shall not be occupied until t he relevant section of roads, footway, and casual parking areas serving the relevant completed dwellings 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 and in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

20. The internal layout of the flats hereby approved shall accord with the approved floor plans and shall not be altered or amended in any way without the prior approval in writing of the Local Planning Authority.

Reason: To maintain control over the development in the interests of the amenities of the future occupiers of the flats and in accordance with Policies DC9 of the Horsham District Local Development Framework General Development Control Policies (2007).

21. Prior to occupation, a scheme of works shall be submitted to and approved in writing by the Local Planning Authority to ensure good internal noise levels as defined in BS8233:1999 are achieved in all habitable rooms of the proposed flats. The scheme as approved by the local planning authority shall be fully installed before the flats are occupied and thereafter permanently retained.

Reason: In the interests of residential amenity and in accordance with policy DC9 of the Horsham District Local Development Framework: General Developme nt Control Policies (2007)

22. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or Orders amending or revoking and re- enacting the same, no gate, fence, wall or other means of enclosure shall be erected or constructed in front of the forwardmost part of any proposed building which fronts or faces onto a highway or vehicular access serving the site unless prior written permission has been granted by the Local Planning Authority (pursuant to an application for the purpose).

Reason: In order to safeguard the character and visual amenities of the locality and/or highway safety and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (20 07).

23. The windows above ground floor, plot 4 east elevation, plot 5 east elevation, plot 6 east and west elevations and plot 7 west elevation shall at all times be glazed with obscured glass precise details of which, together with details of any opening, shall be submitted to and approved by the Local Planning Authority in writing before installation. The approved glass and any agreed opening details shall be maintained at all times.

Reason: To protect the amenities and privacy of the adjoining property and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

24. Any additional windows that may be installed and that are not shown on these approved plans above ground floor level of the dwellings shall be obscured glazed and APPENDIX A/ 3 - 13.

non- opening unless the parts of the window that can be opened are more than 1.7 metres above the floor of the room in which the window is installed.

Reason: To protect the amenities of adjoining residential properties and in accordance with policy DC9 of the Horsham District Council Local Development Framework: General Development Control Policies (2007).

25. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or Orders amending or revoking and re- enacting the same, the building(s) shall not be extended on any elevation which front or face onto a highway or vehicular access serving the site, unless planning permission has been granted by the Local Planning Authority on application in that respect.

Reason: To maintain control over the development in the interests of amenity and in accordance with policy DC9 of the Horsham District Council Local Development Framework: General Development Control Policies (2007).

26. No removal of hedgerows or trees shall be carried out on site between March to August inclusive in any year, unless otherwise approved in writing by the Local Planning Authority. Where vegetation must be cleared during the bird breeding season a check for nesting birds by a suitably qualified ecologist will be required. Any vegetation containing occupied nests will be retained until the young have fledged. The location details of the compensatory nesting provision to be supplied to the Local Planning Authority for approval prior to their erection.

Reason: In accordance with the NPPF and to safeguard the ecology and biodiversity of the area in accordance with policy DC5 of the Horsham District Local Development Framework: general development Control Policies (20 07).

27. No occupation of any dwelling shall take place until all ecological enhancements proposed within S6 of the supporting ecological report, have been completed and evidence submitted to the Local Planning Authority.

A. The development hereby permitted shall be carried out in accordance with the approved plans listed in the schedule below.

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

Background Papers: DC/14/0836 Contact Officer: Richard Elder DC/14/0836

The Firs

Scale : 1:2500

SLA Number 100018563 APPENDIX A/ 4 - 1

DEVELOPMENT MANAGEMENT REPORT

TO: Development Management (North) Committee BY: Development Manager DATE: 5th August 2014

Proposed change of use of land from agricultural to equestrian. Retention of a hard-surfaced yard for parking/ storage of a horse transporter and DEVELOPMENT: associated car parking. The erection of stables, construction of a sand school and the erection of a storage barn with ancillary office/ mess facilities.

SITE: Land East of New Barn Farmhouse, Capel Road, Rusper WARD: Rusper APPLICATION: DC/13/2278 APPLICANT: Ms Liz O’Connor

REASON FOR INCLUSION ON THE AGENDA: Major development proposal

RECOMMENDATION: To delegate authority to Officers to grant planning permission subject to conditions

1.0 THE PURPOSE OF THIS REPORT

To consider the planning application.

1.1 DESCRIPTION OF THE APPLICATION

1.1.1 The application originated as a proposal that sought permission for a mixed equestrian and tourism use, however following concerns that were expressed with regards to the details of the latter, the scheme has changed into one that purely relates to an equestrian development. The application specifically is intended to provide a permanent base for the applicant’s business; LOC Transport Ltd, which is a company that transports horses both nationally and internationally.

1.1.2 The scheme comprises of the erection of two buildings each containing five stables, a new 20m x 40m sand school, the construction of a main building for use as a hay/ tool store and office/mess room, and car parking for six cars and the horse transporter atop of the existing hard-standing, which will be reduced in extent under the following amendment.

Contact Officer: James Hutchison Tel: 01403 215162 APPENDIX A/ 4 - 2

1.1.3 The application has been further refined since the change to a purely equestrian based scheme, and this second amendment has secured the aforementioned reduction in the existing hard-standing area, a reduction in the overall size of the main storage/office building, it’s re-positioning closer to the access, and the removal of the existing two containers.

2.0 DESCRIPTION OF THE SITE

2.1.1 The application site comprises of a piece of land extending to over 4ha on the southern side of Capel Road to the west of the settlement of Rusper. The site is presently in an agricultural use and remains undeveloped with the exception of an area of hard-standing that has been laid down to the south of the access in the northern boundary. Two containers are also positioned just inside of the site access.

2.1.2 The application site is bordered along its northern boundary with Capel Road by a hedgerow interspersed with mature trees. This boundary treatment largely screens the site from public views in the street scene. The site is more visible from the south owing to the sloping topography in this direction. To the east of the site is the residential property of New Barn Farmhouse.

2.1.3 The site is not within a designated landscape or ecological area, and there are no heritage assets on or adjacent to it. The application site is positioned within the countryside and some distance from the settlement of Rusper.

3. INTRODUCTION

3.1 STATUTORY BACKGROUND

3.1.1 The Town and Country Planning Act 1990.

Planning and Compulsory Purchase Act 2004

3.2 RELEVANT GOVERNMENT POLICY

3.2.1 The following sections of the National Planning Policy Framework (2012), hereafter referred to as the ‘Framework’, are relevant to the consideration of this application (Note: This list is not exhaustive and other paragraphs of the Framework are referred to where necessary within the contents of the report):

NPPF3 – Supporting a prosperous rural economy NPPF 4 - Promoting sustainable transport NPPF 7 - Requiring good design NPPF 11 - Conserving and enhancing the natural environment

3.2.2 Planning Practice Guidance (2014)

APPENDIX A/ 4 - 3

3.3 RELEVANT COUNCIL POLICY

3.3.1 Local Development Framework (Core Strategy 2007):

3.3.2 Local Development Framework (General Development Control Policies 2007):

DC1 – Countryside Protection and Enhancement DC2 – Landscape Character DC5 – Biodiversity and Geology DC6 - Woodlands and Trees DC9 - Development Principles DC25 – Rural Economic Development and the Expansion of Existing Rural Commercial Sites/ Intensification of Uses DC29 – Equestrian Development DC40 - Transport and Access

3.3.3 Horsham District Planning Framework (HDPF) Preferred Strategy:

3.4.1 PLANNING HISTORY

3.4.1 There is no recent or relevant planning history on the site.

4.0 OUTCOME OF CONSULTATIONS

4.2 INTERNAL CONSULTATIONS

4.2.1 Environmental Health Officer:

· No objection subject to a scheme being submitted for the disposal of horse related waste.

APPENDIX A/ 4 - 4

4.2.2 Access Officer:

· Comments made solely in respect of the tourism element of the proposals that has now been removed.

4.3 OUTSIDE AGENCIES

4.3.1 WSCC – Highways:

09 January 2014:

· It would be appropriate to apply planning conditions to prevent commercial usage or at least prevent commercial usage without due consideration being given to the potential highway impacts; · The access is considered to be of sufficient geometry to accommodate the anticipated level of vehicular activity. When on site we observed that sightlines along Capel Road were acceptable. There are no known issues with the use of this access. As no significant intensification of use is anticipated, there would be no expectation for this existing access to give rise to any highway safety concerns.

03 February 2014 (After clarification was provided by the case officer):

· It is understood that the applicant intends to use the site as an overnight stop for horses and for the eco-pods/ holiday lets to be used by the drivers of a horse transporter; · Taking into account the nature of the uses, the site would be anticipated to generate a very low number of vehicle movements. The vehicular access is considered adequate to accommodate the proposed use. No highway objection would be raised. · A condition is recommended to secure details of on-site car parking.

4.4 PARISH COUNCIL

4.4.1 Objection received from Rusper Parish Council on the following grounds:

· Rusper Parish Council has reservations regarding the long term viability of the proposed change of use without on-site accommodation. However, an addition of residential accommodation would lead to an over-intensification of the site. We therefore object to the development.

(Officer’s Note: The applicant has not sought on-site accommodation as part of this application, and where there is a demonstrable need for a restricted form of accommodation, this would not be unacceptable in-principle and would be assessed on its own merits).

4.5 PUBLIC CONSULTATIONS

4.5.1 There have been no letters of representation were received.

APPENDIX A/ 4 - 5

5.0 HOW THE PROPOSED COURSE OF ACTION WILL PROMOTE HUMAN RIGHTS

6.0 HOW THE PROPOSAL WILL HELP TO REDUCE CRIME AND DISORDER

7.0 PLANNING ASSESSMENTS

7.1 Principle of Development

7.1.1 Paragraph 14 of the Framework establishes the “presumption in favour of sustainable development”, and states that proposals that accord with the development plan should be approved without delay. This paragraph only relates to ‘sustainable development’ and it is therefore necessary to firstly consider the proposal against the criteria within paragraph 7 of the Framework. This sets out the economic, social and environmental functions to which the sustainable development must perform.

7.1.2 In assessing whether this proposal performs the three aforementioned functions, various other policies of the Framework apply, and of particular relevance in this case is paragraph 28, which seeks to promote a strong rural economy that:

· Supports the sustainable growth and expansion of all types of business and enterprise in rural areas, both through conversion of existing buildings and well-designed new buildings;

· Promotes the development and diversification of agricultural and other land-based rural businesses…

7.1.3 The application proposes the change of use of existing agricultural land to an equestrian use, and specifically one related to a commercial equestrian enterprise. There are essentially two elements to this proposal, the first being the equestrian use of the site, and the second being the commercial nature of this use.

Commercial Nature of the Proposal

7.1.4 Turning to the second matter initially, a commercial equestrian use within the countryside can be said to be sustainable where the development and associated activity is such that the character of the countryside would not be unduly and significantly harmed. The proposed activity would relate to the coming and going of the company’s horse transporter on what is considered to be a relatively infrequent basis owing to the logistics and geographical spread of the destinations that the business is said to serve. This element of the proposal is not considered to significantly detract from the character of the countryside on the grounds of an intensification of use.

APPENDIX A/ 4 - 6

7.1.5 Other vehicular journeys to and from the site, and in addition to activity within the site, would be limited by the intensity of the overall operations, and this can be conditioned in such a way as to ensure that the use does not grow exponentially and in a way that would be harmful to the character of the open countryside. A reasonable and readily enforceable condition to control the intensification of the use of the site would be a restriction on the number of horse transporters that can park/ operate from the site in any given time, and a restriction on the number of stable buildings through a curfew on future building or placement of structures (e.g. field shelters) without the prior consent of the authority.

Development Associated with the Proposal

7.1.6 The above paragraphs accept the principle of the application on the grounds of the amount of activity that the commercial equestrian use would generate. In terms of the proposed associated development (i.e. built form), for this to be considered as sustainable, it would need to be commensurate with the scale of the equestrian use and no more than that necessary for the use to function.

7.1.7 The size of the application site in terms of the area available for the grazing of horses is limited in terms of the generally accepted grazing ratio of one horse per 1-1.5 acres, however in this particular instance where the use is based on a transportation activity, this would be acceptable on the basis of the logistics of the business and the transient nature of the horses being kept on the application site. Essentially, not all ten horses are likely to be grazing on the land at any one time.

7.1.8 A sand school is likewise considered to be a reasonable part of the development owing to the need to exercise horses expeditiously whilst in the process of being transported, and within a controlled and safe environment. The stables and sand school are together therefore considered to be acceptable.

7.1.9 The main building on the site would comprise of an office/ mess facility as well as a hay and tool store. Following concerns being raised by Officers on the basis of the size of the building and its positioning, the applicant has reduced the building’s size and has sited it on the existing hard-standing area. This building, in its revised condition, is considered to be acceptable and functionally related and restricted to its intended use.

Sustainable Development

7.1.10 The proposed development and activity identified above are considered to be acceptable and commensurate with the commercial nature of the proposed equestrian business on this site. Whilst matters such as landscape character and transport are considered in more detail below, the application is considered to be reasonably conversant with the environmental function of sustainable development, and would not be significantly harmful if restricted by carefully placed conditions.

7.1.11 In terms of the social and economic aspects of sustainable development, the equestrian transport business is considered to be one which would be acceptable in principle within a countryside location. The need for adequate space in terms of stabling, exercising and grazing the horses could only reasonably be located within a rural area. It is also highly important to note that, in accordance with paragraph 28 above, the proposal would provide local and rural based employment and services.

7.1.12 The proposed development would meet the three strands of sustainable within paragraph 7 of the Framework, and on that basis alone, the presumption in favour of granting planning permission under paragraph 14 of the Framework applies.

APPENDIX A/ 4 - 7

7.2 Landscape Character

7.2.1 One of the Core Planning Principles within the Framework states that:

7.2.2 The proposal has evolved substantially since its original submission through the removal of the tourism element and its associated development, and the reduction and re-siting of built form on the application site. The development has been condensed as far as is practicable into a small parcel of built form to be positioned on the northern side of the site.

7.2.3 The development would be barely visible within the context of Capel Road owing to the large extent of vegetation screening along the street edge, however by reason of the topography of the land and further reaching views from the south particularly, the development will be apparent from northerly views towards the site and its surroundings.

7.2.4 The impact of the development on these views and on the landscape character of the site itself is not considered to be deleterious on the basis of the rural appearance and use of the proposed development, and also by virtue of the significant amendments that have been made to reduce the scheme. Conditions are recommended to ensure the appropriate finishing of the elevations of the buildings and the agreement and implementation of a soft landscaping scheme to moderate any adverse impacts of the proposal.

7.2.5 The application is considered to be sustainable in terms of the third strand of paragraph 7 (the environment), and is compliant with the criteria in paragraph 17 of the Framework. On a more local level, the application complies with policies CP1, CP3, DC2 and DC9 of the Horsham District Council Local Development Framework (2007) Core Strategy and General Development Control Policies (2007) respectively.

7.3 Environment Quality

7.3.2 The application site comprises of an agricultural field, and the proposed development would be positioned a significant distance from the closest residential dwelling on the southern side of Capel Road, which is New Barn Farmhouse. The separation distance between the development and the nearest sensitive receptors is such that there is not considered to be any adverse impact arising from noise, privacy or odours.

7.3.3 Environmental Health Officers have not raised an objection subject to the appropriate handling and disposal of horse waste.

7.3.4 The application is compliant with section 11 of the Framework, and policies CP2 of the Core Strategy (2007) and DC9 General Development Control Policies (2007).

APPENDIX A/ 4 - 8

7.4 Highways and Transport

7.4.1 Paragraph 32 of the Framework states that:

“Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe”.

7.4.2 The above test is the level of harm that any given development would need to reach for an objection on highway grounds to be sustained. The level of traffic movements to and from the application site are not considered to be significant with the restrictions discussed earlier in this report, and the visibility from the existing access is such that the access/egress to the site is satisfactory. The site plan shows adequate parking for 6 cars and 1 horse transporter, and sufficient space on-site for the turning and manoeuvring of vehicles. The Highway Authority has ultimately not raised an objection to the application.

7.4.3 There is not the necessary amount of harm identified in this instance to demonstrate that there would be a severe impact on transport grounds, and on this basis the application is deemed to comply with policy DC40 of the General Development Control Policies (2007), policy CP19 of the Core Strategy (2007), and section 4 of the Framework.

7.5 Conclusion

7.5.1 As established in section 7.1, the proposal is considered to amount to a sustainable form of development in terms of fulfilling all three of the functions of paragraph 7 of the Framework: a social role; an economic role; and an environmental role. It therefore follows that there is a presumption in favour of the development, and that permission should only be refused where: (i) there are significant and demonstrable adverse impacts that outweigh the benefits of the proposal; or (ii) where specific policies in the Framework require that development be restricted.

7.5.2 The development provides social and economic benefits in terms of local and rural based employment and services, and in view of central government’s encouragement of economic development, including where sustainably related to uses within the countryside, significant weight is attributed to these benefits.

7.5.3 There will be change to the landscape character of the site and its immediate environs, however this change is not considered to be significantly harmful in terms of the rural based nature of the proposed activity and the agricultural/ equestrian design of the built form. There is no other harm identified with the proposal and consequently the landscape character change in and of itself is insufficient to significantly and demonstrably outweigh the benefits of the proposal.

7.5.4 It is therefore considered that the application represents a sustainable form of development, and one for which the presumption in favour applies. It is recommended that planning permission be granted subject to conditions.

APPENDIX A/ 4 - 9

8.0 RECOMMENDATIONS

8.1.1 It is recommended that the application be granted planning permission subject to the attachment of the following conditions:-

1. Full planning permission time limit (3 years)

Reason: In the interests of ensuring the timely implementation of the development.

2. Details of the elevation treatment for the buildings are to be submitted and agreed prior to the commencement of any part of the development. The development shall be implemented in accordance with the agreed plans.

Reason: In order to ensure a satisfactory visual appearance to the development

3. Details of soft landscaping to be submitted and agreed in writing prior to the occupation of any part of the development hereby approved. The development shall be implemented in accordance with the agreed plans.

Reason: In order to ensure a satisfactory visual appearance to the development

4. Details of the disposal of horse waste are to be submitted and agreed in writing prior to the occupation of any part of the development hereby approved. The development shall be implemented in accordance with the agreed plans.

Reason: In the interests of safeguarding the amenity of residents of New Barn Farm House

5. No part of the hedgerow and trees along the northern boundary of the site with Capel Road shall be removed without the prior agreement of the Local Planning Authority.

Reason: In order to retain the rural character of the street scene.

6. Prior to the commencement of any part of the development hereby approved, the hard- standing area shall be reduced to the permitted size and the containers shall be removed from the site in their entirety

Reason: Reason: In order to ensure a satisfactory visual appearance to the development

7. Prior to the commencement of any part of the development a detailed car parking, cycle parking and turning area layout shall be submitted and agreed in writing by the Local Planning Authority. The development shall be implemented in accordance with the agreed plans.

Reason: In the interests of highway safety

APPENDIX A/ 4 - 10

8. The development shall be used only for purposes in connection with the business of transporting horses and shall not be used as a livery, for training purposes or any other commercial uses except where agreed in writing by the Local Planning Authority.

Reason: In the interests of restricting against an over-intensification of use of the site

9. No further buildings or structures other than those approved shall be positioned on the site.

Reason: In the interests of restricting against an over-intensification of use of the site

10. No more than one horse transporter shall be parked on-site at any given time without the prior agreement in writing by the Local Planning Authority.

Reason: In the interests of restricting against an over-intensification of use of the site

11. Prior to the commencement of any part of the development hereby approved, full details of foul and surface water drainage shall be submitted to and agreed in writing by the Local Planning Authority. The development shall be completed in accordance with the approved details.

Reason: In the interests of ensuring proper drainage of the new development

12. The burning of any materials from site clearance or from any other source shall not take place within 10m of the furthest extent of the canopy of any tree, group of trees, or hedgerow, targeted for retention on the site or on land adjoining.

Reason: To protect trees and vegetation from fire damage

13. No external lighting shall be erected on placed on the site without the prior agreement in writing of the Local Planning Authority

Reason: To protect the rural character of the site and surroundings

Background Papers: DC/13/2278

Contact Officer: James Hutchison DC/13/2278

Land East of New Barn Farmhouse

Scale : 1:5000

SLA Number 100018563 blank APPENDIX A/ 5 - 1

DEVELOPMENT MANAGEMENT REPORT

TO: Development Management (North) Committee BY: Development Manager DATE: 5th August 2014 Refurbishment of existing building and provision of a two storey extension to provide 11 new bedrooms and service accommodation. Construction of a single storey extension to provide new entrance and reception area, DEVELOPMENT: four new and three extended bedrooms, and enlargement of kitchen and support area. Reconfiguration of existing entrance and creation of new secondary access. SITE: Greenways Nursing Home 171 Comptons Lane Horsham West Sussex WARD: Horsham Park APPLICATION: DC/14/0958 APPLICANT: Mr Nazir Manji

REASON FOR INCLUSION ON THE AGENDA: More than five letters of objection have been received

RECOMMENDATION: To grant planning permission subject to conditions

1. THE PURPOSE OF THIS REPORT

To consider the planning application.

DESCRIPTION OF THE APPLICATION

1.1 The application seeks full planning permission for an extension and refurbishment to the existing care home. The extension would provide facilities for EMI (Elderly Mentally Infirm) and other patients with acquired brain injury and learning disabilities, not necessarily age related.

1.2 The proposal would provide an additional 15 bedrooms, which would result in a total of 45 bedrooms on the site. The extensions include a single storey, flat roof, front extension to the existing building, which would be 5.5 metres at its deepest point. The proposal also seeks permission for a single storey extension to the rear of the existing building which would appear as two wings with a conservatory link. The existing single storey side extension, to the east of the northern elevation, would be demolished and would be re-built as a two storey side extension. The proposed extension would be formed with facing brick work, render and tile hanging, with plain tiles to the roof.

Contact Officer: Nicola Mason Tel: 01403 215289 APPENDIX A/ 5 - 2

1.3 The internal layout would be refurbished and reconfigured. The existing access to the site would be realigned and a new access for ambulance access would also be provided (although this access would be utilised by construction traffic during development works). There would a total of 22 parking spaces and 1 ambulance parking space provided.

DESCRIPTION OF THE SITE

1.4 Greenways Care Home is located along the predominantly residential road of Comptons Lane, which is characterised by an eclectic mix of modest detached properties, leading to an area of fairly low density development. Most dwellings are characterised by large front and rear gardens.

1.5 To the north of the site is a large detached residential property at 175 Comptons Lane. To the east of the site are detached residential properties at 94 – 104 Comptons Lane, on the opposite side of the road. This site boundary consists of a low wall and piers surmounted by railings with evergreen planting. On the southern boundary are properties at 163 Comptons Lane and 1 Pollards Drive, which have garden lengths of between 5.8 to 8 metres, with No. 3 Pollards Drive and 1 and 3 Patchings Drive to the west. The southern and western boundaries are denoted by hedging, generally exceeding 1.8m in height and a number of large mature trees, including two trees that are protected by Tree Preservation Orders (TPO’s), which are adjacent to the boundary of the nursing home, but within the curtilage of 163 Comptons Lane.

1.6 The existing building is a substantial brick and tile structure orientated at right angles to the road, surrounded by parking to the north and a garden to the east, south and west. There is a small single storey, brick built detached manager’s dwelling in the north eastern corner of the site.

1.7 The front of the building on the northern elevation includes a part three storey building with the main entrance and windows on the ground floor, dormer windows on the first floor, with the second floor housed within the roofspace with dormer and velux windows. To the east of this elevation is a single storey extension.

1.8 The rear of the building on the southern elevation includes a part three storey building with a small conservatory and window on the ground floor, windows on the first floor and a second floor housed within the roof, with dormer windows.

1.9 Access to the site is off Comptons Lane, which currently is not wide enough for two cars to pass, parking takes place to the north of the building, with the exception of a grassed area adjacent to the boundary with Comptons Lane.

2. INTRODUCTION

STATUTORY BACKGROUND

2.1 The Town and Country Planning Act 1990.

RELEVANT GOVERNMENT POLICY

National Planning Policy Framework (2012) (NPPF) Section 6 – Delivering a wide choice of high quality homes and Section 7 – Requiring good design

National Planning Policy Guidance (March 2014) APPENDIX A/ 5 - 3

RELEVANT COUNCIL POLICY

The following policies of the Local Development Framework Core Strategy (adopted February 2007) are relevant in the assessment of this application:

CP1 – Landscape and Townscape CP3 – Improving the Quality of New Development CP5 – Built-Up Areas and Previously Developed Land CP12- Meeting Housing Need

The following policies of the Local Development Framework General Development Control Policies (December 2007) are relevant in the assessment of this application:

DC9 - Development Principles DC31 – New/Extensions to Retirement Housing and Care Home Schemes DC40 – Transport and Access

The Horsham District Planning Framework (HDPF) Preferred Strategy was approved by Council for consultation on 25th July 2013. The consultation period ran from 16th August to 11th October 2013. This planning application will be considered following this consultation period and therefore the emerging Preferred Strategy is a material consideration with limited weight in the assessment of this planning application. The Proposed Submission document was approved by Council on 30th April 2014 for a 6 week consultation period.

PLANNING HISTORY

2.1 The planning history reveals that the site has been used as a residential care home since 1959. There have been a number of applications since this time for extensions and alterations to provide additional facilities. The most relevant applications are set out below:

2.2 HU/260/01 - In 2002 planning permission was refused for a single storey rear extension to provide 20 additional bedrooms and facilities. This proposal had a separation of between 1.4 and 2 m from the southern boundary of the site with brick elevations under a sheet metal roof. The application was refused as it was considered the proposal, in particular by reason of its overall size and the extent of its linear form, would detract from the residential amenities of adjoining occupiers and the visual amenities of the locality to an unacceptable degree. The proposal was therefore considered to represent an inappropriate intensification of use on the site contrary in particular to Policy EDC1 of the Horsham District Local Plan 1997.

2.3 HU/313/02 - In May 2004 planning permission was granted for the erection of a single storey extension to the existing residential care home to provide 18 additional bedrooms.

2.4 DC/05/2999 - In March 2007 planning permission was approved for the erection of a replacement 2 storey residential care home with accommodation in the roofspace and associated parking, change of use of 175 Comptons Lane to an 8 bed residential care home with a two storey extension to the front and rear. The main building had an L – shaped footprint and extended back into the site following the alignment of the existing building. The proposed extension would have been sited 6.2 metres from the southern boundary. Approval for the renewal of this application was granted in March 2010 (DC/10/0361). APPENDIX A/ 5 - 4

2.5 DC/13/1190 - In October 2013 planning permission was refused for an extension to provide 17 additional bedrooms and facilities with manager’s accommodation and associated works for the following reasons;

1. The proposal, by reason of the level of development proposed, in particular the proximity of the two storey element with the site frontage, would result in inappropriate development on the site to the detriment of the existing character and appearance of the area. The proposed single storey rear extension by reason of its location and form would also have a poor relationship with the boundary of neighbouring residential properties. The proposal would therefore be contrary to the NPPF section 7 and Policy CP1 of the Horsham District Local Development Framework - Core Strategy (2007), and Policy DC9 of the Horsham District Local Development Framework - General Development Control Policies (2007). 2. The proposed development would have an unacceptable impact on the arboreal features of the locality. The proposal is therefore contrary to Policy DC9 of the Horsham District Local Development Framework - General Development Control Policies (2007).

3. OUTCOME OF CONSULTATIONS

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

INTERNAL CONSULTATIONS

3.1 Arboricultural Officer (summarised) – no objection.

3.2 Strategic and Community Planning (summarised) - the proposed development is considered to be sustainably located within the BUAB of Horsham and appears to comply in principle with the relevant policies, therefore the Strategic Planning Team raise no objection in principle to this proposal

3.3 Public Health and Licensing (summarised) – No objection in principle to the application, subject to conditions.

OUTSIDE AGENCIES

3.4 Southern Water (summarised) – A formal application would be required for connection to the foul sewer. The adequacy of soakaways to dispose of surface water would require comments from the Environment Agency or Building Control.

3.5 Highways (summarised) – No highways objection subject to the receipt of additional information and conditions.

PUBLIC CONSULTATIONS

3.6 Forest Neighbourhood Council – are pleased that the new application has taken into account the concerns and objections made to the first proposal.

3.7 Horsham Society object to the application as it would result in an overdevelopment of the site, adverse impact on streetscene, insufficient outdoor space for residents and inadequate parking provision.

APPENDIX A/ 5 - 5

3.8 Nine letters have been received objecting to the application on the following grounds; · overdevelopment of site, · lack of amenity space for residents, · increased surface water due to removal of trees and limited site area, · noise from deliveries and residents, · impact on protected trees and wildlife, · lack of parking, · loss of wall and trees would change visual amenity currently enjoyed, · no need for amended access or additional access, · concern at accuracy of plans · insufficient day space for occupiers · lack of security

3.9 One letter has been received supporting the application subject to a brick wall being provided on the site to replace the existing fence, and adequate drainage is provided for collection and disposal of rainwater.

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

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

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

6. PLANNING ASSESSMENTS

The main issues in the consideration of this proposal are considered to be:

· design and layout · amenity of neighbouring properties · landscape and existing trees · parking and access · surface water drainage

Principle

6.1 The National Planning Policy Framework 2012 (NPPF) sets out the Government’s planning policies for England and has a golden thread running through it which seeks to ensure a presumption in favour of sustainable development, which means approving development proposals that accord with the development plan without delay. The NPPF sets out the core planning principles that should underpin both plan making and decision taking throughout the planning system.

6.2 These core planning principles, specified at paragraph 17 of the NPPF, include: supporting sustainable economic development to deliver the homes, business and industrial units, infrastructure and thriving local places that the country needs; seeking to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings; and, taking into account the different roles and character of different areas.

APPENDIX A/ 5 - 6

6.3 Paragraph 50 of the NPPF seeks ’to deliver a wide choice of high quality homes, widen opportunities for home ownership and create sustainable, inclusive and mixed communities, local planning authorities should: plan for a mix of housing based on current and future demographic trends, market trends and the needs of different groups in the community’, this includes older people.

6.4 The application site is located within the built-up area of Horsham, a Category 1 settlement as identified in policy CP5. Category 1 settlements are considered to be towns and villages with a good range of services and facilities as well as some access to public transport, capable of sustaining some expansion, infilling and redevelopment. Therefore it is considered that in terms of planning policy the site is located within a relatively sustainable location.

6.5 Policy DC31 of the General Development Control Policies states that extensions to nursing homes will be permitted in order to meet the care needs of the elderly, provided that the development incorporates appropriate staff accommodation and the need for the form and type of development in its particular location is fully justified as being essential to the identified care provision.

6.6 The Horsham District Strategic Housing Market Assessment (SHMA) 2009 identified that there is an increasing ageing population across the district, and therefore provision of additional care home space is required to cater for this, therefore it is considered that, the proposal meets the requirements of policy DC31. The mix of residents to include EMI, brain injury and learning disabilities is considered suitable within a sustainable location within the built up area. Therefore it is considered that the principle of the proposal for an extension to the care home, for the residents as set out above is acceptable, and in accordance with policy CP5 and DC31.

Design and Layout

6.7 The current application has been amended following the previous refusal under application DC/13/1190. The previous application sought permission for 17 bedrooms resulting in 50 bedrooms on site. The current proposal would result in the provision of 45 bedrooms on the site. The scale of the proposed extensions have also been reduced in size moving from a courtyard style development to two single storey wings with a conservatory linking the two elements. The proposed two storey extension on the eastern elevation has been remodelled and the frontage brought back to reflect the existing building, with the style of the proposed extensions amended to better reflect the style of the original property. There have been two previously approved schemes for the site (HU/313/02) and (DC/05/2999) which are significantly different to both the previously refused scheme and the current application.

6.8 Developments should seek to promote or reinforce local distinctiveness and, as detailed in paragraph 61 of the NPPF, should secure high quality and inclusive design that goes beyond aesthetic considerations. This paragraph goes on to state that ‘decisions should address the connections between people and places and the integration of new development into the natural, built and historic environment.’

6.9 Policy CP1 of the Core Strategy 2007 and Policy DC2 of the General Development Control Policies 2007 requires that proposals for development should protect and / or conserve and / or enhance the key characteristics of the Districts landscape and townscape character.

6.10 The proposed two storey side extension, replaces the existing single storey side extension. Previously the approved planning application (DC/05/2999), included a single three storey building, with the second floor level located within the roof space, which covered the length of the existing building footprint. The site included both the existing care home and the APPENDIX A/ 5 - 7

dwelling at No. 171 to the north of the site. At that time the report relating to the proposal noted that; ‘although the building would have had a large footprint, its presence as viewed from the street frontage, would be that of an attractive building with the mass of the building being broken up by good architectural detailing and the varied roof form with dormer windows. The previously approved building would, subject to the use of good materials and sensitive landscaping, considered to make a positive contribution to the street scene’. The current proposal for a side extension is considered acceptable in design terms, as it is of a similar design to the main part of the existing building and is characterised by pitched roof dormer windows. The amended scheme has reduced the length of the proposed extension by 3 metres and the height by 0.8 metres from that previously refused. This has resulted in increased space to the eastern boundary. It is considered that the reduction in length and height has resulted in the proposal appearing less obtrusive in the street scene. It is therefore considered that this element of the proposal is considered acceptable in terms of appearance and relationship with the street scene and is therefore in accordance with Policy CP1 and DC9, specifically criterion (b).

6.11 A single storey rear ‘U’ shaped extension was considered to be acceptable under planning application (HU/313/02). A version of this layout was submitted as part of the previously refused application (DC/13/1190) with the proposed extension being 4.6 metres away from the southern boundary with the height of the eaves being 2.5 metres from ground level. The extension was considered due to its height and the distance from the southern boundary, to result in a poor layout in relation to the open space around the extension and the relationship with neighbouring dwellings on the southern boundary of the site. The proposed scheme now seeks to provide two single storey wings linked by a conservatory. The proposed wings would be located some 7.4 metres from the southern boundary, whilst the conservatory element would be some 12 metres from the southern boundary. The height of the proposed single storey extensions would be approximately 3 metres with the conservatory being 4.7 metres to the ridge. It is considered that the changes to the proposed design and the reduction of the size of the extension bringing it away from the southern boundary would overcome offices concerns with regards to the layout of the site. It is also considered due to the existing boundary treatment and the relatively low height of the extensions that they would not appear overbearing or result in loss of privacy for occupiers of properties to the north of the site.

6.12 It is considered that the amendments to the current scheme have overcome the concerns previously raised with regards to the relationship with the character of the surrounding area and neighbouring properties and that the scheme would no longer be harmful to the appearance of the street scene. Therefore it is considered that the proposal complies with Policy CP1, specifically criteria (a) and DC9, specifically criterion (c) and (d).

Amenity of Neighbouring Properties

6.13 Concerns have been raised by neighbouring properties relating to the proximity of the rear extension with the boundary of properties along Pollards Drive and noise generated from residents.

6.14 The single storey rear extension, would be located some 7.4 metres from the southern boundary of the site, some 12.8 metres away from the closest neighbouring dwelling in Pollards Drive. It is noted that although the site is well screened by large matures trees, these are predominantly deciduous and therefore will not provide screening in the winter months. However, the extension is single storey in height and given the reduction in the height of the eaves of the proposed extension and its setting back from the boundary it is considered that the proposal would not have an adverse impact on the amenities of neighbouring properties with regards to overlooking. It is also considered due to the increased set back from the boundary that the pressure on the trees identified in the previous application has been reduced and consequently it is less likely that works would APPENDIX A/ 5 - 8

be proposed to the trees which could open up views to the neighbouring properties. It is therefore considered that the rear extension aspect of the proposal complies with Policy DC9, specifically criterion (b).

6.15 It is considered that the two storey side extension and single storey front extension would not adversely affect the amenity of neighbouring properties, due to the distance from the boundaries.

6.16 With regard to the issue of noise generated by residents and its impact on adjoining occupiers, no objection has been raised by the Public Health and Licensing Officer subject to conditions. It is noted that as part of the consideration of application HU/313/02, the Public Health and Licensing Officer concluded ‘that noise break-out from within the building itself is not likely to cause nuisance, subject to good management of the home and that the proposed buildings around the courtyard would serve to act as a buffer to any noise that may emanate from the courtyard area, thereby reducing the likelihood of noise disturbance from the source being caused to local residents’.

6.17 With regards to the current application the Council’s Public Health and Licensing Officer has noted that no recent complaints have been received by the department but that a written Management Plan should be provided by the applicant to provide effective controls for potential noise nuisance from residents. Such a Management Plan could be secured by condition with the appropriate details being agreed by the Local Planning Authority in consultation with Public Health and Licensing. The applicant has also noted that the windows and doors including the conservatory would be double glazed sealed units, and that the fenestration on the southern and western elevations has been kept to a minimum. The proposed conservatory would also have climate controlled ventilation so reducing the need for the opening of windows and doors to control temperature. The applicant is also seeking to replace the fencing on the southern and western boundaries with replacement close boarded fencing and additional landscaping to further restrict noise emanating from the site.

Landscape and Existing Trees

6.18 The Councils Arboricultural Officer has considered the scheme in detail and has determined that the current proposal has now allocated sufficient space between the two protected oaks trees within the garden of 163 Comptons Lane, and the proposed extension. It is noted that the proposed extension would now be sited 9 metres away from the closer of the two trees and that this would be outside the root protection area as defined under BS5837 “Trees in relation to design, demolition and construction – Recommendations 2012,” and suitably far away to satisfactorily reduce the likelihood of future resident pressure on the trees.

6.19 The Council’s Arboricultural Officer has raised no objection to the creation of a new access close to the south eastern corner of the site. It is considered that although the foliage contributes collectively to the overall greening of this side of Comptons Lane, it is not in itself especial. It is therefore considered that a refusal of planning permission on the grounds of the loss of such features could not be sustained at appeal. It is also considered that the provision of a new access in the position proposed would not be out of character with the urban nature of the locality.

6.20 With regards to the proposed repositioning of the main access to the site it is noted that although the Arboricultural Officer does not have an objection in principle, full details of the construction proposals for this entrance should be secured by condition in order to protect a roadside lime tree. The applicant is seeking to reduce the height of the frontage wall to open the site up to be more integrated with the streetscene. It is considered that provided an appropriate landscaping scheme is submitted the provision of a soft boundary (to APPENDIX A/ 5 - 9

replace the existing “hard” features) would maintain a balance between providing a green aspect to the site, and allowing the site to have a connection and interaction with the wider streetscene. It is therefore considered taking into account the scheme as a whole the proposal would not result in overriding material harm on neighbouring properties or the street scene, and it is considered that the proposal is in accordance with Policy CP1 and DC9.

Parking and Access

(i) Parking Provision

6.21 The existing care home has 31 registered places and one access onto the highway at Comptons Lane. There are 10 parking spaces for staff and residents. The application proposal seeks to provide 45 bedrooms, and 23 car parking spaces for staff, residents and visitors. It is noted that concerns have been raised with regards to parking however, using a matrix provided by the County Council the provision of 23 spaces would account for the following; · 1 space for every 20 residents = 2 · 1 space per 8 residents for visitors = 6 · 1 space per 5 residents for staff = 9 · 5% of overall allocation for disabled users = 2 · Ambulance bay = 1 · Free spaces = 3.

The 23 spaces proposed would be over the maximum parking standards currently recommended and would provide 3 more spaces than the previous application. Paragraph 32 of the NPPF state that ‘development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe.” It is therefore considered taking into account the fact that the numbers of spaces exceeds the maximum standard that the impact of the development could not be considered to be severe in terms of the requirements of the NPPF.

6.22 The current business on the site has a “Travel to Work” policy which has been supplemented by the purchase of a house for staff accommodation purposes, approximately a mile from the site. At present the applicant notes that the majority of staff walk, cycle or travel by public transport and the applicant does not consider that the proportions would change significantly with regards to the proposed extension.

(ii) Road Safety

6.23 The applicant has submitted details relating to vehicle movements which have indicated that the number of daytime movements would increase by 9, with 1 additional movement overnight. There would also be an increase in specialist medical visits due to the increase in bedrooms and an increase in the frequency of food deliveries. However the Highways Authority has not raised an objection to the increase in vehicle movements as it is considered to be slight. With regards to the proposed additional access and realignment of the existing access the Highways Authority have noted that they require additional information to clarify visibility splays but have raised no objection in principle.

APPENDIX A/ 5 - 10

Surface Water Drainage

6.24 Concerns have been raised relating to surface water drainage issues on the site. Southern Water were consulted regarding the application, and it is considered that a condition could be placed on the proposal which would require details of surface water drainage to be submitted to and approved by the Local Planning Authority to ensure that the site is properly managed in terms of drainage.

Conclusion

6.25 It is considered that the proposed extension to the care home is acceptable in principle and that the changes made to the design and scale of the proposal have overcome the issues raised under application DC/13/1190. It is considered that the proposed extensions and alterations would not have an adverse impact on the character of the area, the amenities of adjoining properties, highway safety, surface water or trees and therefore the proposal would comply with the policies within the NPPF, and Policy CP1 of the Horsham District Local Development Framework – Core Strategy (2007), and Policy DC9, DC31 and DC40 of the Horsham District Local Development Framework – General Development Control Policies (2007).

7. RECOMMENDATIONS

7.1 It is recommended that the application be granted, subject to the following conditions:

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

2. No development shall take place until details of screen walls and/or fences have been submitted to and approved in writing by the Local Planning Authority and no dwellings/buildings shall be occupied until such screen walls and/or fences associated with them have been erected. Thereafter the screen walls and/or fences shall be retained as approved and maintained in accordance with the approved details. Reason: In the interests of amenity in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

3. No development shall take place until the amended and new accesses from the site to the public highway have been designed, laid out and constructed in all respects in accordance with plans submitted to and approved in writing by the Local Planning Authority, which would include details relating to the protection during construction of the roadside Lime Tree . Reason: In the interests of road safety and in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

4. Construction of the development hereby approved shall not be commence until detail of the proposed means of foul and surface water sewerage disposal have been submitted to, and approved in writing by the Local Planning Authority in consultation with Southern Water. The agreed works shall thereafter and maintained as part of the development. Reason: To ensure that the development is properly drained.

5. No part of the development shall commence until visibility splays of 2.4 metres by 40 metres have been provided at the proposed vehicular accesses onto Comptons Lane in accordance with plans and details submitted to and approved in writing by the Local APPENDIX A/ 5 - 11

Planning Authority. Once provided the splays shall thereafter be maintained and kept free of all obstructions over a height of 0.6 metres above the level of the adjoining carriageway. Reason: In the interests of road safety and in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007)

6. No part of the development shall commence until pedestrian visibility splays of 2 metres by 2 metres have been provided either side of the proposed vehicular accesses onto Comptons Lane in accordance with plans and details submitted to and approved in writing by the Local Planning Authority. Once provided the splays shall thereafter be maintained and kept free of all obstructions over a height of 0.6 metres above the level of the adjoining carriageway. Reason: In the interests of road safety and in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007)

7. Before development commences, details of the provision of facilities for the parking of cycles shall be submitted to and approved by the Local Planning Authority and the facilities so provided shall be thereafter retained solely for that purpose. Reason: To ensure that there is adequate provision for the parking of cycles in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

8. No part of the development shall be occupied until the vehicle parking and turning spaces have been provided in accordance with plans to be submitted to and approved in writing by the Local Planning Authority. The proposed parking and turning areas shall thereafter be constructed in accordance with the approved plans and maintained as part of the development for their designated use. Reason: In the interests of road safety and in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007)

9. No development shall take place, including any works of demolition, until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. Thereafter the approved Plan shall be implemented and adhered to throughout the entire construction period. The Plan shall provide details as appropriate but not necessarily be restricted to the following matters,

- the anticipated number, frequency and types of vehicles used during construction, - the method of access and routing of vehicles during construction, - the parking of vehicles by site operatives and visitors, - the loading and unloading of plant, materials and waste, - the storage of plant and materials used in construction of the development, - the erection and maintenance of security hoarding, - the provision of wheel washing facilities and other works required to mitigate the impact of construction upon the public highway (including the provision of temporary Traffic Regulation Orders), - measures to control the emission of dust and dirt during demolition and construction, lighting for construction and security, - details of public engagement both prior to and during construction works. Reason: In the interests of highway safety and the amenities of the area.

10. No works or development shall take place until full details of all hard and soft landscaping works including works to the boundary to Comptons Lane have been approved in writing by the Local Planning Authority. All such works shall be carried out in accordance with the approved details. Any plants which within a period of 5 years from the time of planting die, are removed, or become seriously damaged or diseased shall be replaced in the next APPENDIX A/ 5 - 12

planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation. Reason: To ensure a satisfactory development and in the interests of amenity in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

11. No development shall be commenced unless and until a schedule of materials and samples of such materials and finishes and colours to be used for external walls and roofs of the proposed buildings(s) have been submitted to and approved by the Local Planning Authority in writing and all materials used shall conform to those approved. 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 DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

12. No burning of materials in connection with the development shall take place on the site. Reason: In the interests of amenity and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

13. No work for the implementation of the development hereby permitted shall be undertaken on the site except between the hours of 08.00 and 18.00 on Mondays to Fridays inclusive and 08.00 hours and 13.00 hours on Saturdays, and no work shall be undertaken on Sundays, Bank and Public Holidays unless otherwise agreed in writing by the Local Planning Authority. Reason: To safeguard the amenities of nearby residents in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

14. Before the development hereby permitted commences a management scheme shall be submitted to and approved by the Local Planning Authority in writing which specifies the provisions to be made for the control of noise emanating from the site. The approved scheme shall be implemented prior to the use of the proposed extensions. The scheme will be in two parts and will firstly specify details relating to the control of noise from residents, and secondly any building service plant such as ventilation/air conditioning systems. Reason: In the interests of amenity and to ensure the use of the site does not have a harmful environmental effect and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

15. Deliveries to the site shall not be made except between the hours of 08:00 – 19:00, Monday to Friday, and 09:00 – 18:00 Saturdays, with no activities on Sundays or Bank Holidays. Reason: To safeguard the amenities of neighbouring properties in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

16. No external lighting or floodlighting shall be installed without the prior written approval of the Local Planning Authority. Any that is installed with the permission of the Local Planning Authority shall be maintained in accordance with the approved details. Reason: In the interests of the amenities of the locality and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

17. The use hereby permitted shall not be commenced until the means of ventilation for the extraction and disposal of cooking odours has been provided in accordance with details first submitted to and approved by the Local Planning Authority in writing. These details shall include times of operation of the ventilation system and the proposed maintenance programme. Thereafter, the ventilation system shall be installed, operated and maintained in accordance with the approved details. Reason: In the interests of the amenities of the APPENDIX A/ 5 - 13

locality and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

18. The buildings hereby permitted shall not be occupied until all access(es) to the site other than that hereby approved shall have been stopped up permanently and obliterated in accordance with details to be first submitted to and approved by the Local Planning Authority in writing. Reason: In the interests of road safety and in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

Informative

Formal application for connection to the public sewerage system is required in order to service this development. To initiate a sewer capacity check to identify the appropriate connection point for the development. Please contact Southern Water, Southern House, Sparrowgrove, Otterbourne, Hampshire SO21 2SW (Tel: 0330 303 0119) or southernwater.co.uk.

The applicant is advised to enter into a legal agreement with West Sussex County Council, as Highway Authority, to cover off site highway works. The applicant is requested to contact the Implementation Team Leader (01243 642105) to commence this process. The applicant is advised that it is an offense to undertake works within the highway prior to the agreement being in place.

The applicant should ensure prior to works being undertaken on the site that suitable assessments should be made to identify any asbestos contained within the existing building which may be disturbed during construction of the extension. Controls should be put in place to ensure safe removal and disposal. A licensed waste removal contractor should remove all clearance debris, asbestos and other construction waste from site. Suitable provisions must also be made for the control of dust.

Background Papers: DC/05/2999, DC/10/0361, DC/13/1190 and DC/14/0958 DC/14/0958 Greenways Nursing Home

Scale : 1:1250

SLA Number 100018563 APPENDIX A/ 6 - 1

DEVELOPMENT MANAGEMENT REPORT

TO: Development Management (North) Committee BY: Development Manager DATE: 5th August 2014 Variation of condition 6 of permission DC/13/1126 to extend the opening hours in relation to the redevelopment of existing car showroom site to DEVELOPMENT: form a new dealership comprising showrooms, workshop facilities, offices, MOT facilities and ancillary accommodation. SITE: Kingfisher House Old Guildford Road Broadbridge Heath West Sussex WARD: Broadbridge Heath APPLICATION: DC/14/1024 APPLICANT: Lifestyle Europe Ltd

REASON FOR INCLUSION ON THE AGENDA: Small scale major application

RECOMMENDATION: Approval subject to conditions set out in section 7.

1. THE PURPOSE OF THIS REPORT

To consider the planning application.

DESCRIPTION OF THE APPLICATION

1.1 This application seeks to amend condition 6 of application DC/13/1126 to extend the opening hours as follows:

1.2 The existing permitted opening hours:

i) For car sales/office – Monday to Saturday 07.30 – 18:00 Sundays – 10:00 – 16:00 Bank and Public Holidays – 10:00 – 16:00

ii) For the workshop - Monday to Friday 08:00 – 18:00 Saturdays 08:00 – 12:00 No working on Sundays or Bank or Public Holidays

iii) Deliveries - Monday to Friday – 08:00 – 18:00 Saturday – 08:00 – 12:00 No deliveries on Sundays or Bank or Public Holidays

Contact Officer: Richard Elder Tel: 01403 215189 APPENDIX A/ 6 - 2

1.3 Proposed opening hours:

i) For car sales/office – Monday to Saturday - 07.30 – 19:00 Sundays – 10:00 – 17:00 Bank and Public Holidays – 10:00 – 17:00

ii) For the workshop - Monday to Friday - 07:30 – 18:00 Saturdays - 08:00 – 13:00 No working on Sundays or Bank or Public Holidays

iii) Deliveries - Monday to Friday – 07:30 – 18:00 Saturday – 08:00 – 13:00 No deliveries on Sundays or Bank or Public Holidays

1.4 The workshop and delivery hours are proposed to begin a half hour earlier in the morning from 08.00 to 07.30, Monday to Friday. The car sales office opening hours extended by 1 hour, Monday to Saturday from 18.00 to 19.00 and on Sundays and Bank Holidays from 16.00 to 17.00. The workshop hours and delivery times would be extended by 1 hour on Saturdays from 12.00 to 13:00.

DESCRIPTION OF THE SITE

1.5 The site is located to the north west of the Farthings Hill Interchange, within the built up area boundary of Broadbridge Heath, and is bounded to the north by Old Guildford Road, to the east by the Farthings Hill Interchange, to the south by the A264 and to the west by residential properties on Swan Way and Mulberry Gardens. Kingfisher House, previously occupied by the Peugoet showroom, and the Citroen showroom to the south have been demolished and the new Ford/Mazda car showroom building is nearing completion.

1.6 There is a single point of access off the Farthings Hill Interchange, which is shared with the adjoining Shell petrol filling station. Additional access is available from Old Guildford Road, which is also shared with the Shell petrol filling station.

1.7 The site is relatively flat and level and there are a number of trees along the road frontage and on the western boundary.

2. INTRODUCTION

STATUTORY BACKGROUND

2.1 The Town and Country Planning Act 1990.

RELEVANT GOVERNMENT POLICY

2.3 National Planning Policy Framework 2012 2.4 Planning Practice Guidance 2014

RELEVANT COUNCIL POLICY

Local Development Framework: Core Strategy (2007): CP3 – Improving the Quality of New Development

Local Development Framework: General Development Control Policies (2007): DC9 – Development Principles

PLANNING HISTORY

WN/9/81 Convert house to restaurant offices & flat erection of motor PER showroom garage workshop petrol filling station vehicular & pedestrian access

HR/81/82 Alterations and extension of building for use as offices & PER motor showroom erection of garage workshop petrol filling station & restaurant

BB/25/89 Alterations to existing showrooms, extension and erection PER of new kiosk and replacement canopy

BB/14/01 Extension to building and alterations to parking layout PER

DC/13/1126 Redevelopment of existing car showroom site to form a PER new dealership comprising showrooms, workshop facilities, offices, MOT facilities and ancillary accommodation.

3. OUTCOME OF CONSULTATIONS

INTERNAL CONSULTATIONS

3.1 Environmental Health – Objection on grounds that the noise impact associated with workshop and delivery activities on neighbouring residents will impact adversely on the amenity of the area if they were to be extended. If minded to approve, a condition limiting audible noise from beyond the site boundary prior to 08.00 and after 18.00 is recommended.

OUTSIDE AGENCIES

3.2 West Sussex County Council (Highways) – No response

APPENDIX A/ 6 - 4

PUBLIC CONSULTATIONS

3.3 Broadbridge Heath Parish Council – No objection.

3.4 Neighbours – No representations received.

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

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

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

6. PLANNING ASSESSMENTS

6.1 The National Planning Policy Framework has a golden thread running through it which seeks to ensure a presumption in favour of sustainable development. The National Planning Policy Framework seeks to ensure that the planning system performs an economic, social and environmental role. The Framework requires applications to be determined in accordance with the development plan. It is considered that the policies contained within the Horsham District Local Development Framework are still relevant in the determination of this application.

6.2 The principle of development has already been established by the grant of planning permission DC/13/1126 and this permission has been implemented. The main consideration in the determination of this application is the impact of the increased hours of operation on surrounding residential amenity and if the development remains a sustainable development.

Residential amenity

6.3 Policy DC9 requires development to not cause unacceptable harm to the amenity of occupiers of nearby properties through overlooking or noise. This is backed up by the NPPF which places a great importance to the design of the built environment and states that design should contribute positively to making places better for people.

6.4 Policy CP3 of the Local Development Framework Core Strategy 2007 states that development should provide an attractive, functional, accessible, safe and adaptable environment.

6.5 The western boundary of the site is adjacent to residential properties in Swann Way and also Mulberry Gardens. Concerns regarding noise and disturbance from deliveries late at night / early morning and also from out of hours activity were received from a neighbour with regard to the previous application. These concerns were addressed in the previous committee report by the imposition of conditions to restrict opening and delivery times and to ensure the existing retractable bollards on site are to be retained and new retractable bollards / fixed low-level barriers/bollards put in place to ensure out of hours security at the end of the day. APPENDIX A/ 6 - 5

6.6 The increase in opening hours for the car sales office by 1 hour, Monday to Sunday and bank holidays is appropriate and reasonable for business operations to finish and considering the relatively quiet nature of the sales office use, should not result in any significant adverse impact on residential amenity.

6.7 The increase in workshop hours and delivery times by 1 hour on Saturdays to 13:00 is considered a reasonable and not unsociable time for these operations to end on a Saturday afternoon and is not likely to cause any significant adverse impact on noise and disturbance to surrounding residential occupiers.

6.8 The earlier operating hours for the workshop and delivery times by a half hour in the morning from 08.00 to 07.30, Monday to Friday may result in some noise and disturbance to surrounding residents at this earlier time in the morning. Environmental Health officers have been consulted and consider that this may cause an adverse noise impact on residential amenity. If minded to approve, then a condition would be necessary limiting audible noise from beyond the site boundary prior to 08.00 and after 18.00. No objections have been received from neighbours with regard to this application. As such, it is considered that given the commercial use of the site on a busy roundabout in a heavily trafficked area which provides access to the A24 below, a condition as recommended by Environmental Health officers is necessary and reasonable in the circumstances.

Conclusion

6.9 It is considered, therefore, that the extended hours of operation would not impact significantly on residential amenity subject to a further condition. As such, given the economic and social benefits of the proposal in providing additional employment on the site over additional hours, it is considered that on balance, these would outweigh any environmental impact the extended hours may have on residential amenity and would constitute sustainable development in accordance with Policy DC9 of the Horsham District Local Development Framework General Development Control Policies 2007, Policy CP3 of the Local Development Framework Core Strategy 2007 and the NPPF in this respect.

7. RECOMMENDATIONS

7.1 Approve subject to revised conditions:

1. The customer car parking access shall not be used unless and until the visibility splay, as shown by the cross-hatched area on the approved plan 12019-P150, has been provided and is kept free at all times from signage, parked vehicles and any obstructions in excess of 0.6m above the adjoining roadway

Reason: In the interest of road safety and in accordance with Policy CP19 of the Horsham District Local Development Framework Core Strategy 2007 and Policy DC40 of the Horsham District Local Development Framework General Development Control Policies 2007.

2. The approved landscaping scheme shall be implemented in full accordance with the submitted details. Any plants which within a period of 5 years die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation.

APPENDIX A/ 6 - 6

Reason : To ensure a satisfactory development in the interests of amenity in accordance with Policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

3. The approved Landscape Management and Maintenance Plan shall be implemented in full accordance with the submitted details. The areas of planting shall thereafter be retained and maintained in perpetuity in accordance with the approved Landscape Management and Maintenance Plan, unless any variation is approved in writing by the LPA.

4. All underground services shall be installed in full accordance with the approved details.

5. The use of the site as a car showroom and workshop shall operate in accordance with the following opening hours : i) For car sales/office – Monday to Saturday - 07.30 – 19:00 Sundays – 10:00 – 17:00 Bank and Public Holidays – 10:00 – 17:00 ii) For the workshop - Monday to Friday - 07:30 – 18:00 Saturdays - 08:00 – 13:00 No working on Sundays or Bank or Public Holidays iii) Deliveries - Monday to Friday – 07:30 – 18:00 Saturday – 08:00 – 12:00 No deliveries on Sundays or Bank or Public Holidays

6. Hours of demolition and construction activities (including deliveries & dispatch) should be limited to:

08.00 – 18.00 Monday until Friday, 08.00 – 13.00 Saturdays No working on Sundays, Bank or Public Holidays.

Reason: In the interests of amenity in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

7. No burning of materials shall take place on the site.

Reason: In the interests of amenity and in accordance with Policy DC9 of the Horsham District Local Development Framework: GeneraL Development Control Policies (2007).

8. The approved external lighting and floodlighting details shall be implemented in full accordance with the submitted details and maintained in perpetuity with the approved details.

Reason: In the interests of the amenities and in accordance with Policy DC9 of the Horsham District Local Development Framework: GeneraL Development Control Policies (2007). APPENDIX A/ 6 - 7

9. There should be no importation of soil and other fill materials onto the development site unless the soil/fill has been certified as fit for purpose by a competent person and has been subject to analysis by an accredited laboratory to ensure that it is free from contamination.

Reason: To ensure that no unacceptable risks are caused to humans, controlled waters or the wider environment during and following the development works and in accordance with Policy CP2 of the Horsham District Local Development Framework Core Strategy 2007.

10. The approved scheme for the control of noise and dust shall be implemented in full accordance with the submitted details for the duration of the construction works.

Reason: In the interests of amenity in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

11. The approved management scheme relating to the operation and management of car alarms, bin collection and the erection and use of bollards to control vehicular access to the site shall be implemented in full accordance with the approved details unless otherwise agreed in writing with the Local Planning Authority.

Reason: In the interests of amenity in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

12. The delivery of vehicles shall be undertaken in full accordance with the approved vehicle delivery management plan, unless any variation is approved in writing by the LPA.

Reason: In the interests of amenity in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

13. The building shall not be occupied until a means of vehicular access for delivery vehicles to and from the site as shown on drawing no. 022.1982 – 4000 Drawing Title Car Transporter Tracking shall have been provided and thereafter it shall be maintained at all times in connection with the use of the site as a car showroom and workshop.

Reason: To ensure that servicing access is provided and maintained at all times with the curtilage of the application site in the interests of the safety and convenience of other highway users in accordance with Policies CP19 of the Horsham District Local Development Framework: Core Strategy 2007 and Policy DC40 of the Horsham District Local Development Framework: General Development Control Policies 2007.

14. The areas to be used for the display and parking of vehicles shall be as shown on plan number 12019-P150 hereby approved.

15. No motor vehicles or other articles shall be kept, parked, stored, or displayed other than in the areas specified on the plan 12019-P150 hereby approved.

Reason: In the interests of amenity and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

APPENDIX A/ 6 - 8

16. No noise from work activity to be audible beyond the site boundary before 08:00 and after 18:00 Monday to Friday, before 08:00 and after 13:00 on Saturdays and no audible activity on Sundays, Bank or Public Holidays as perceived by an officer of the Local Authority.

Reason: In the interests of amenity and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

Background Papers: DC/14/1024 Contact Officer: Richard Elder DC/14/1024 Kingfisher House

Scale : 1:2500

SLA Number 100018563 blank APPENDIX A/ 7 - 1

DEVELOPMENT MANAGEMENT REPORT

TO: Development Management (North) Committee BY: Development Manager DATE: 5th August 2014 Variation of Condition 5 of planning permission DC/09/0521 (Proposed covers to existing driving range bays including 3 additional bays plus DEVELOPMENT: enclosed link between existing clubhouse and bays) to allow the driving range to be operated without the current October-March restriction SITE: Horsham Golf Park Denne Park Horsham West Sussex WARD: Southwater APPLICATION: DC/14/0986 APPLICANT: Horsham Leisure Ltd

REASON FOR INCLUSION ON THE AGENDA: 5 letters or more contrary to recommendation

RECOMMENDATION: To vary the condition

1. THE PURPOSE OF THIS REPORT

To consider the planning application.

DESCRIPTION OF THE APPLICATION

1.1 The application seeks permission to vary condition 5 of the previously approved application DC/09/0521, which granted permission for the extension of the existing driving range by increasing the number of bays from 18 to 21, whilst also providing covered shelter for all bays and the provision of a single storey link extension between the clubhouse and driving range.

1.2 Condition 5 relates to the hours of use for the driving range and any artificial lighting and states as follows:

“The driving range shall be used between the hours of 0600 - 2330 hours only and with illumination by the existing floodlights between 1500 hours to 2100 hours between the months of October to March inclusive unless otherwise approved in writing by the Local Planning Authority.”

1.3 It is proposed to vary the condition by removing the restriction on the use of lighting to the months of October to March and to therefore read as follows:

Contact Officer: Doug Wright Tel: 01403 215522 APPENDIX A/ 7 - 2

“The driving range shall be used between the hours of 0600 - 2330 hours only and with illumination by the existing floodlights between 1500 hours to 2100 hours unless otherwise approved in writing by the Local Planning Authority.”

DESCRIPTION OF THE SITE

1.4 The application site is located within the complex of Horsham Golf & Fitness, which comprises a driving range, clubhouse with café & pro-shop and a fitness suite. The original 9 hole golf course was closed last year to accommodate the new 18 hole golf course currently under construction.

1.5 The driving range currently consists of 18 covered bays facing west onto the practise range outfield. The driving range lies to the west of the car-park with a covered link leading to the clubhouse to the north.

1.6 The driving range currently opens between the hours of 0700 and 2100 Monday to Friday and 0700 and 2000 on Saturdays and Sundays. Lighting within the driving range is limited to the covered area of the bays and 12 lights within the outfield of the range. The outfield lighting is formed by ‘berms’, which are earth mounds which protect the specially designed low level lighting in order to minimise light spillage.

1.7 To the north east of the site is Denne Park House, along with a number of other residential dwellings. The nearest neighbouring dwelling is ‘Garden Cottage’ approx. 220m away with Denne Park House having an approx. separation distance of 350m. Further dwellings are located to the north west within Salisbury Road off Worthing Road with the nearest dwelling being approx. 500m away.

1.8 Hop Oast Park & Ride car park is located on the opposite side of the Worthing Road from the access road to Horsham Golf & Fitness.

2. INTRODUCTION

STATUTORY BACKGROUND

2.1 The Town and Country Planning Act 1990.

RELEVANT GOVERNMENT POLICY

2.2 National Planning Policy Framework 2012 (NPPF)

· NPPF7 - Requiring good design · NPPF11 - Conserving and enhancing the natural environment

2.3 National Planning Policy Guidance 2014 (NPPG)

RELEVANT COUNCIL POLICY

2.4 The relevant Local Plan Policies are CP1, CP2, CP3 & CP14 of the Core Strategy (2007) and DC1 & DC9 of the Local Development Framework General Development Control Policies (2007).

2.5 The Horsham District Planning Framework (HDPF) Preferred Strategy was approved by Council for consultation on 25th July 2013. The consultation period ran from 16th August to 11th October 2013. This planning application will be considered following this consultation period and therefore the emerging Preferred Strategy is a material consideration with APPENDIX A/ 7 - 3

limited weight in the assessment of this planning application. The Proposed Submission document was approved by Council on 30th April 2014 for a 6 week consultation period.

PLANNING HISTORY

2.6 There is an extensive planning history related to the development of the application site as a centre for golf and fitness. The key applications specifically relevant to the existing application are set out below:

SQ/43/02 Single-storey extension to provide covered PER teaching/practice bays

SQ/35/92 9-hole golf course, putting green, professional practice PER area & conversion/extension of existing farm buildings to form clubhouse

SQ/59/93 Conversion of bothy to golf practice building PER

SQ/94/93 All weather playing surface on practice area REF

SQ/95/93 Erection of safety fencing around perimeter of practice area REF

SQ/103/94 Amendment to condition 20 on approval SQ/35/92 for PER hours of use of the 9 hole golf course professional practice area& putting green

SQ/104/94 Amendment to condition 21 on approval SQ/35/92 for use PER of putting green and practice area

SQ/105/94 Removal of condition 22 from approval SQ/35/92 to allow WDN the use of golf professionals teaching areas as a driving range

SQ/3/94 Erection of safety fencing around perimeter of professional REF practice area

SQ/3/95 Erection of 4 covered teaching bays REF

SQ/13/97 Installation of ground level lighting REF

SQ/71/97 Erection of a single-storey 5 bay covered practice tee REF

SQ/110/99 Permanent retention of ground level lighting PER

DC/09/0521 Proposed covers to existing driving range bays including 3 PER additional bays plus enclosed link between existing clubhouse and bays

DC/09/0746 Change of use of stud farm to golf course, re-configuration PER of existing golf course (including importation of inert material) to form a 18 hole golf course plus junior/beginners short course; bunds, mounding, landscaping and 3 new ponds. Demolition of existing farmhouse, farm buildings, green keepers compound and bothy. Refurbishment and extension of existing clubhouse to include hospitality/function facilities, new fitness suite building and extension to existing car park.

APPENDIX A/ 7 - 4

3. OUTCOME OF CONSULTATIONS

INTERNAL CONSULTATIONS

3.1 Head of Public Health & Licensing comments will be reported verbally at the time of the meeting.

OUTSIDE AGENCIES

3.2 Natural England were consulted and stated that the proposal may impact upon the local wildlife.

3.3 West Sussex County Council’s Ecologist has no objection to the proposal.

PUBLIC CONSULTATIONS

3.4 Southwater Parish Council strongly object to the application on the grounds that the increased use of lighting would generate an urbanising effect in a rural area, whilst also affecting the setting of the listed building of Denne Park House and surrounding park land.

3.5 39 letters of representation have been received of which there are 17 in support and 22 in objection, though a number were received outside of the consultation period.

Their comments are on the following grounds:

Support

· Provides an excellent local facility · The proposal would only be mean a small increase in use · Well used facilities · Good local business

Objection

· Over development of site · Increased activity · Light pollution · Impact upon on local wildlife · Impact upon neighbour amenity

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

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

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

APPENDIX A/ 7 - 5

6. PLANNING ASSESSMENTS

6.1 It is considered that the main issues in the determination of the application are:

· Principle of the development · Impact upon the surrounding countryside & ecology · Impact upon neighbouring properties

Policy Context

6.2 The National Planning Policy Framework (NPPF) has a golden thread running through it which seeks to ensure a presumption in favour of sustainable development. The National Planning Policy Framework seeks to ensure that the planning system performs an economic, social and environmental role. The Framework requires applications to be determined in accordance with the development plan. Paragraph 28 of the NPPF states “Planning policies should support economic growth in rural areas in order to create jobs and prosperity”. Whilst paragraph 125 states new development should “limit the impact of light pollution from artificial light on local amenity, intrinsically dark landscapes and nature conservation.”

6.3 Policy CP14 states new or improved community facilities or services will be encouraged in order to enrich the overall quality of life within the District and, particularly, where they meet the identified needs of local communities. These facilities or services should preferably be within defined built up areas but exceptionally may be located outside such areas where this is the only practicable option and where a suitable site well related to an existing settlement exists.

Principle of Development

6.4 The principle of development has been established through the granting of planning permission DC/09/0521. The current application proposes to vary condition 5 of planning permission DC/09/0521, which limited the use of the lighting within the driving range during certain months of the year. Therefore the main consideration in this application is whether varying the condition to allow the lighting to be used all year round is acceptable and the impact of the proposal on the surrounding countryside and neighbouring properties.

Impact upon the surrounding countryside & ecology

6.5 The site is located outside any built up area boundary, as defined by Horsham District Local Development Framework and is therefore within a countryside location. Policy CP2 which relates to Environmental Quality states amongst other things that there will be careful appraisal of development proposals to ensure that they provide for enhancement by minimising the emission of pollutants, including noise, odour and light pollution, into the wider environment. Policy DC1 which relates to Countryside protection and enhancement states “Any development permitted must be of a scale appropriate to its countryside location and must not lead, either individually or cumulatively, to a significant increase in the overall level of activity in the countryside.”

6.6 The driving range, whilst within the site of Horsham Golf & Fitness, is used independently from the golf course (though currently closed) and therefore the hours of use do not reflect the hours of use of the golf course. The approved operational hours of the driving range are between 0600 and 2330, but it is currently open between 0700 and 2100 hours. The driving range therefore requires lighting to be used during certain months, including the months from April to September. The use of the lighting is restricted between October and March, but the applicant wants to remove this restriction on the basis that the time of APPENDIX A/ 7 - 6

sunset changes throughout the year i.e. in April sunset times range from the hours of 1934 to 2021, whereas August ranges from 2047 to 1949 and following sunset, there is generally a twilight period of approx. 30-40 minutes. Lighting would therefore be required for a maximum of one hour during these spring/summer months.

6.7 The lighting within the outfield of the driving range has been in place since 1997. Since the golf course and driving range were constructed and the lighting approved, the vegetation along the boundaries of the outfield has substantially increased in height, thereby completely screening the site from the wider area. In this respect, it is not considered that the increased use of low level lighting would have a detrimental impact upon the surrounding landscaping.

6.8 West Sussex County Council’s Ecologist has visited the site at night, in order to assess the impact of the lighting. Having considered the existing light impact on local ecology and given the current screening arrangements he concluded that there would be no ecological objection to the increased hours of low level lighting.

6.9 The hours of use of the lights for the driving range would continue to be limited and whilst the level of activity would potentially increase, this would not be significant in the context of the existing activity on site. Therefore the proposal is considered to comply with policy CP2 along with CP14, whilst fulfilling the aims of the NPPF.

6.10 It is noted that the Parish Council have concerns over the ‘urbanising’ effect of the increase in lighting. However, it is considered that the proposal would not significantly increase the use of lighting throughout the year to warrant a refusal of planning permission on the basis that the principle of lighting has already been established and the impacts have been addressed above.

Neighbour Amenity

6.11 Policy DC9 of the General Development Control Policies (2007) states planning permission will be granted where developments "do not cause unacceptable harm to the amenity of occupiers/users of nearby property and land, for example through overlooking or noise, whilst having regard to the sensitivities of surrounding development", whilst also “respect the character of the surrounding area”.

6.12 The site is located a significant distance away from neighbouring dwellings with the nearest residential property being some 220m away and the driving range outfield is well screened by dense and tall leylandii trees. The lighting on site is at a low level and therefore does not overly project into the sky. It also considered that given the significant separation distance of approx. 350 from the listed building ‘Denne Park’, the lighting would have no adverse impact upon its setting.

6.13 The lighting currently is limited to 2100 hours regardless of the time of year, which would not be deemed to be late at night and an unsociable time, when local residents maybe sleeping. Since 1997 the lighting has been able to be used from October to March until 2100 hours, with the shorter winter days requiring their use in excess of 4 hours. As previously stated at Para.6.6 during the summer months lighting would be limited to approximately only an hour a day.

6.14 In this respect, and having regard to the level of screening on the site boundaries, it is not considered that the proposed increased use of low level lighting would adversely affect the amenities of neighbouring occupiers and therefore complies with policy DC9.

APPENDIX A/ 7 - 7

Conclusion

6.15 In summary, it is therefore considered that the variation of the condition 5 (DC/09/0521) to remove the ‘October to March’ restriction would have no adverse impact upon the surrounding countryside or the neighbouring dwellings, whilst enabling the enhanced use of the driving range.

6.16 Accordingly it is considered that the proposal is acceptable in terms of the NPPF and the relevant policies of the Horsham District Local Development Framework.

7. RECOMMENDATIONS

7.1 It is recommended that the condition be varied as follows:

1. The driving range shall be used between the hours of 0600 - 2330 hours only and with illumination by the existing floodlights between 1500 hours to 2100 hours unless otherwise approved in writing by the Local Planning Authority.

Reason: In the interest of amenity and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

2. No works or development shall take place until full details of landscaping proposals have been approved in writing by the Local Planning Authority. Any such works shall be carried out in accordance with the approved details. Any plants which with a period of 5 years from the time of planting die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species unless the Local Planning Authority gives written consent to any variation.

Reason: To ensure a satisfactory development in the interests of amenity in accordance with policy DC9 of the Horsham District Council Local Development Framework: General Development Control Policies (2007).

Background Papers: DC/09/0521, DC/14/0986 DC/14/0986

Horsham Golf Park

Scale : 1:1250

SLA Number 100018563 APPENDIX A/ 8 - 1

DEVELOPMENT MANAGEMENT REPORT

TO: Development Management (North) Committee BY: Development Management DATE: 5th August 2014 DEVELOPMENT: Installation of ATM with 4.No. removable bollards; SITE: Tesco Express, 49 Brighton Road, Horsham, West Sussex, RH13 6EZ; WARD: Forest APPLICATION: DC/14/0925 APPLICANT: Tesco Stores Ltd.

REASON FOR INCLUSION ON THE AGENDA: Number of objections received.

RECOMMENDATION: To grant planning permission.

1. THE PURPOSE OF THIS REPORT

To consider the planning application.

DESCRIPTION OF THE APPLICATION

1.1. The application seeks full planning permission for the installation of an ATM machine with cover, and 4.No. removable bollards to block vehicle access to Brighton Road when the store is shut. The proposed ATM pod is to be sited at the front of the store and covers an area no greater 10.9m², a pre-existing ‘flat-roofed’ structure.

DESCRIPTION OF THE SITE

1.2. The application site is located inside the Built-Up Area boundary and surroundings include St Leonards Road and Brighton Road which is a predominantly residential road. Brighton Road is one of the main routes into Horsham town centre from the South East of Horsham.

1.3. In terms of its immediate context, the application site is located on the corner of St Leonards Road and Brighton Road and comprises a single and two storey building which is set back from the highway, with associated car parking. The site is bounded to the north by St Leonards Road; to the south and west by Brighton Road.

Contact Officer: Mehdi Rezaie Tel: 01403 215175 APPENDIX A/ 8 - 2

2. INTRODUCTION

STATUTORY BACKGROUND

2.1. The Town and Country Planning Act 1990.

RELEVANT GOVERNMENT POLICY

2.2. National Planning Policy Framework (2012): NPPF7 - Requiring good design; NPPF14 - Presumption in favour of sustainable development;

National Planning Practice Guidance

RELEVANT COUNCIL POLICY

2.3. Local Development Framework (Core Strategy 2007): CP2 - Environmental Quality;

2.4. Local Development Framework (GDCP 2007): DC9 - Development Principles; DC40 - Transport and Access;

2.5. The Horsham District Planning Framework (HDPF) Preferred Strategy was approved by Council for consultation on 25th July 2013. The consultation period ran from 16th August to 11th October 2013. This planning application will be considered following this consultation period and therefore the emerging Preferred Strategy is a material consideration with limited weight in the assessment of this planning application. The Proposed Submission document was approved by Council on 30th April 2014 for a 6 week consultation period.

PLANNING HISTORY

2.6. There is an extensive planning history for the site, applications which are of material relevance to this submission include;

DC/13/0705 Installation of an ATM to the shopfront Application Refused on 14.06.2013

AP/13/0069 The appeal was dismissed on the grounds that Appeal overnight use could affect the living conditions of Dismissed on neighbouring residents at a time when a lack of 21.03.2014 noise and disturbance might reasonably be expected. These concerns have now been addressed in Para’s 6.7 and 6.10 from this report. A copy of the Inspector’s decision is attached at Appendix A.

APPENDIX A/ 8 - 3

DC/13/0706 The installation of a canopy to the rear side Application Permitted on 22.07.2013

DC/13/0707 The installation of 3 No. AC units and 1 x 2-fan Application condenser at ground floor level to the rear of the Permitted on property within an enclosed service area 03.09.2013

DC/13/0708 Minor external alterations including new entrance Application door Permitted on 16.07.2013

DC/13/0709 Consent to display 2 x externally illuminated fascia Application signs, 1 x diabond sign fixed to the wall, 1 x Permitted on externally illuminated projecting sign, 1 x externally 22.07.2013 illuminated gantry sign in the car park, 3 x car park signs and 1 x welcome/goodbye sign fixed to walls or a pole in the car park

DC/13/0758 Widening the existing vehicular access to allow Application deliveries and servicing Permitted on 16.07.2013

DC/13/1675 Non-material amendment to previously approved Application DC/13/0706 (The installation of a canopy to the Permitted on rear side) to extend the size of the canopy 26.09.2013

3. OUTCOME OF CONSULTATIONS

EXTERNAL CONSULTATIONS

3.1. West Sussex County Council as Highways Authority: Has no concern based on the information submitted, as it is considered that the proposal would not affect the nearby public highway. However, the applicant is advised to ensure they have the right liability insurance for the proposed ATM machines before they are put in operation (this is private matter for the applicant and not a planning consideration).

OUTSIDE AGENCIES

3.2. Horsham Society: Objection made on grounds of highway access and parking, loss of general amenity.

APPENDIX A/ 8 - 4

PUBLIC CONSULTATIONS

3.3. 10 Letters of objection: have been received on the grounds of:

§ Highway Access and Parking; § Overdevelopment; § Design; § Privacy, Light and Noise;

3.4. 1 Letter of support: has been received on the grounds of:

§ Reference to inspectorates report; § Sufficient Parking, Visibility and Security;

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

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

5.1 Security installations to include security light, a privacy box and a CCTV camera.

6. PLANNING ASSESSMENTS

Principle

6.1. There is no objection in principle to the installation of an ATM facility in connection with a retail use subject to the location and use of the facility not having external impacts to the detriment of residential amenity and highway safety. The previous application for an ATM in this location was refused by this committee and a subsequent appeal dismissed. The purpose of this report is to assess the current proposal to determine whether it has overcome the concerns of the Inspector. The main issues in respect of the proposal are:

- The effect of the proposal on highway safety and the free flow of traffic;

- The effect of the proposal on the living conditions of residential occupiers with particular regard to noise and disturbance;

Policy Context

6.2. Paragraph 69 from the ‘National Planning Policy Framework’ 2012, Chapter 8 on ‘Promoting Healthy Communities’ states planning policies and decisions, in turn, should aim to achieve places which promote:

§ ‘’opportunities for meetings between members of the community who might not otherwise come into contact with each other, including through mixed-use developments, strong neighbourhood centres and active street frontages which bring together those who work, live and play in the vicinity;

APPENDIX A/ 8 - 5

§ safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion; and

§ safe and accessible developments, containing clear and legible pedestrian routes, and high quality public space.’’

6.3. Paragraph 70 from the document then goes onto state that in order to deliver the social, recreational and cultural facilities and services the community needs, planning policies and decisions should:

§ ‘’plan positively for the provision and use of shared space, community facilities (such as local shops, meeting places, sports venues, cultural buildings, public houses and places of worship) and other local services to enhance the sustainability of communities and residential environments;

§ guard against the unnecessary loss of valued facilities and services, particularly where this would reduce the community’s ability to meet its day-to-day needs;

§ ensure that established shops, facilities and services are able to develop and modernise in a way that is sustainable, and retained for the benefit of the community;

§ ensure an integrated approach to considering the location of housing, economic uses and community facilities and services.’’

6.4. In respect of noise, Para.123 advises that planning policies and decisions should aim to:

§ ‘’avoid noise from giving rise to significant adverse impacts on health and quality of life as a result of new development’’;

The Planning Practice Guidance reiterates the above advice and states that noise needs to be considered when new developments may create additional noise and when new developments would be sensitive to the prevailing acoustic environment. It further advises that noise should not be considered in isolation i.e. separately from the economic, social and other environmental dimensions of proposed development.

6.5. Policy DC9 of the General Development Control Policies advises, amongst other things, that development will be permitted if:

§ ‘’make efficient use of land whilst respecting any constraints that exist;

§ do not cause unacceptable harm to the amenity of occupiers/users of nearby property and land, for example through overlooking or noise, whilst having regard to the sensitivities of surrounding development;

§ incorporate measures to reduce any actual or perceived opportunities for crime or antisocial behaviour on the site and in the surrounding area.’’

6.6. Policy DC40 of the General Development Control Policies advises, amongst other things, that development will be permitted if:

a. it provides a safe and adequate means of access;

APPENDIX A/ 8 - 6

d. it makes adequate provision for all users, including for car and other vehicle parking, giving priority to people with mobility difficulties, pedestrians, cyclists and equestrians;

The effect of the proposal on highway safety and the free flow of traffic;

6.7. The development proposal does not propose any adjustments or alterations to highway safety, free flow of traffic, access, visibility or parking arrangements, elements that were previously approved under planning application: DC/13/0758.

6.8. With regards to overdevelopment and potential intensification of use from within the site, comments from the Highway Authority (section 3.1 from this report) raise no objection. Additionally, the previous appeal decision by the Inspectorate (APP/Z3825/A/13/2205533) makes reference to this point, stating that the proposed installation of an ATM machine would be unlikely to adversely affect highway safety or the free flow of traffic and would accord with 'Policy DC9’ in there being convenient, safe and visually attractive areas for parking; and ‘Policy DC40’s’ requirement for safe and adequate means of access, and adequate provision for car and other vehicle parking.

6.9. The proposed ATM machine is to be limited in its hours of use between store opening and closing times, this is to be regulated by use of an ATM roll down shutter. Furthermore, in addressing parking/traffic concerns, mitigation methods to prevent vehicular access to the site are proposed via 4.No. lockable bollards. It is therefore considered, any possible intensification of use from the ATM can be regulated and the applicant has addressed previous refusal reasons under planning submission: DC/13/0705. The development proposal falls in keeping with 'Policy DC40’ (a, b, d) on 'Transport and Access'; and 'Policy DC9’ (a, h) on 'Development Principles' from the adopted Horsham District Local Development Framework, General Development Control' 2007;

The effect of the proposal on the living conditions of residential occupiers with particular regard to noise and disturbance;

6.10. The previous appeal decision by the Inspectorate (APP/Z3825/A/13/2205533) makes reference to issues surrounding noise, light pollution and late night activity. No concerns were raised with regards to the noise raised by the ATM machine or its lighting methods; however, concern was raised by the Inspector with respect to the potential noise disturbance coming from vehicles entering/exiting the site as the main source of unwarranted close-range noise. The applicant proposes to mitigate these concerns by imposing a restriction on the hours of operation and implementing this by incorporating a roll down shutter. Furthermore, prevention of vehicular access to the site via the introduction of 4.No. bollards would also address the concerns raised by the Inspector on two appeals and would represent an improvement in the existing situation where cars could enter the car park out of store operational hours. On balance, it is considered the proposed mitigation measures would protect the living conditions of neighbouring residential occupiers (in particular no: 51 Brighton Road), with respect to noise and disturbance in keeping with 'Policy DC9’ (b) from the adopted Horsham District Local Development Framework, General Development Control' 2007; Policy CP2’ (a); and Paragraph 32, 69, 123 from the ‘National Planning Policy Framework’ 2012.

Other Material Considerations;

6.11. The concerns of neighbouring residents are acknowledged. However, the Inspector at appeal only identified concerns relating to the noise emanating from vehicles entering/leaving the site. As previously advised, the applicant proposes to address these APPENDIX A/ 8 - 7

concerns via the introduction of bollards and controlling the hours of opening of the ATM. The access to the highway, visibility and parking arrangements remain unchanged and as previously approved under: DC/13/0758.

Conclusion;

6.12. In conclusion, it is considered the proposed installation of an ATM pod with 4.No. bollards would integrate well into their surroundings and be of no detriment to highway safety or adversely affect the amenities of nearby or adjoining occupiers. The proposed scheme addresses previous concerns raised by the Inspectorate in an appeal and now adheres with ‘Policy DC9, DC40’ from the adopted 'Horsham District Local Development Framework, General Development Control' 2007; and ‘Policy CP2’ from the ‘Horsham District Local Development Framework, Core Strategy' 2007; Para 32, 69, 123 from the ‘National Planning Policy Framework’ 2012. Having regard to the material considerations and all other matters raised, the balance of considerations weigh in favour of granting planning permission, subject to conditions to restrict the operational hours of the ATM and require the installation of bollards after store hours.

7. RECOMMENDATIONS

7.1. It is recommended that planning permission be granted subject to the following conditions:

1. The development hereby permitted shall begin before the expiration of three years from the date of this permission.

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

2. The development hereby permitted shall not be carried out except in complete accordance with the following drawings;

Location plan labelled 'Drawing No. 1089-601’ Received: 01.05.2014; Block plan labelled 'Drawing No. 1089-602’ Received: 01.05.2014; Existing Site Plan labelled 'Drawing No. 1089-603’ Received: 01.05.2014; Existing Elevations Plan labelled 'Drawing No. 1089-604’ Received: 01.05.2014; Proposed Elevations Plan labelled 'Drawing No. 1089-614’ Received: 01.05.2014; Proposed Site Layout labelled 'Drawing No. 1089-613’ Received: 01.05.2014; Supporting Documents labelled 'Drawing No. NONE’ Received: 01.05.2014; Supporting Documents labelled 'Drawing No. NONE’ Received: 01.05.2014;

Reason: For the avoidance of doubt, to ensure that the proposed development is carried out in accordance with the plans and documents from which the permission relates.

3. The ATM hereby permitted shall not be operable outside the working hours of the store, those being from 06:00 hours till 23:00 hours on Monday to Sunday.

Reason: To safeguard the amenities of neighbouring occupiers.

4. Prior to the commencement of the development hereby permitted, details of the ATM cover shall be submitted to, and approved by, the Local Planning Authority.

APPENDIX A/ 8 - 8

Reason: To enable the Local Planning Authority to control the development in detail in the interests of amenity and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

5. The 4.No. bollards hereby permitted shall be erected between 23:00 hours and 06:00 hours on Monday to Sunday.

Reason: In the interests of road safety and in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

Background Papers: DC/14/0925

Appeal Decision Site visit made on 18 March 2014 by S J Papworth DipArch(Glos) RIBA an Inspector appointed by the Secretary of State for Communities and Local Government

Decision date: 21 March 2014

Appeal Ref: APP/Z3825/A/13/2205533 Tesco Express, 49 Brighton Road, Horsham, West Sussex RH13 6EZ • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Tesco Stores Ltd against the decision of Horsham District Council. • The application Ref DC/13/0705, dated 19 April 2013, was refused by the Council by notice dated 14 June 2013. • The development proposed is installation of an ATM to the shopfront.

Decision

1. I dismiss the appeal.

Main Issues

2. These are;

• The effect of the proposal on highway safety and the free flow of traffic.

• The effect of the proposal on the living conditions of residential occupiers with particular regard to noise and disturbance.

Procedural Matters

3. The Government launched web based planning practice guidance on 6 March 2014, after the receipt of representations to this appeal. The content of the guidance has been considered, but in light of the facts of this case that content does not alter the conclusions reached.

4. The change of use from a restaurant to a shop is permitted development under the changes to the Town and Country Planning (Use Classes) Order which came into effect on 30 May 2013. The Council has considered applications for this cash machine, a canopy, air-conditioning units, minor external alterations, signage and a widened access.

Reasons

Highway Safety

5. The shop has car parking for general customer use on three sides, alongside number 51 Brighton Road there are 6 spaces together with an access to the rear service area, and there are a further 13 spaces plus a designated disabled person’s space along the two frontages and backing onto the first dwelling in St Leonard’s Road. The single vehicular entrance is on Brighton Road close to www.planningportal.gov.uk/planninginspectorate Appeal Decision APP/Z3825/A/13/2205533

number 51 and the machine would be placed on the shop wall near to this entrance. There is a pedestrian-only entry onto St Leonard’s Road with bollards to prevent vehicles. The Development Management Report in respect of the widening of the Brighton Road access (Ref: DC/13/0758) states that the highway authority has no objection to that arrangement.

6. The parking regime in the vicinity is of double yellow line ‘no waiting at any time’ on the two corners of St Leonard’s Road round into Brighton Road, followed by a continuous length of single yellow lines on the south side of St Leonard’s Road ‘no waiting Mondays to Saturdays 8am to 6pm’, with the same for a short stretch on the north side, followed by unrestricted parking other than that denoted by white lines outside driveways to dwellings. On Brighton Road there appeared to be no restrictions other than pedestrian crossing ‘zig- zags’ to the north, there being no clearway markings at the adjacent bus stop either.

7. Observations at the time of the site inspection, 0830 to 0900hrs on a Tuesday, were of free flowing traffic in both directions on the main road, albeit backing- up to the north due to temporary lights at the junction with Park Way, but some waiting for opposing traffic to clear the single lane caused by parked cars in St Leonard’s Road, but not so as to affect the main road flow.

8. The appellant asserts that ATM users tend to combine cash withdrawal use with spending in the shop in any event, but that spend could be by debit card, the medium used to access the cash withdrawal. It is reasonable to assume that some additional parking would be caused by the visible location of the machine attracting users wanting cash whilst on other journeys, or as a destination.

9. However, there appears to be adequate legal parking provision on the site or surrounding it, for the likely requirements of a single ATM in addition to the shop use. The highway authority would be able to add restrictions if this single addition, or any other change, resulted in hazardous parking. On the evidence available the proposed installation would be unlikely to adversely affect highway safety or the free flow of traffic and would accord with Policy DC9 of the Horsham Local Development Framework General Development Control Policies 2007 in there being convenient, safe and visually attractive areas for parking; and Policy DC40’s requirement for safe and adequate means of access, and adequate provision for car and other vehicle parking.

Living Conditions

10. The previous use of the site was as a restaurant which would be likely to operate late in the day, but would be less likely to be open the hours referred to for the shop, 0700 to 2300. The shop hours however are not unusual for this type of convenience store and would allow an 8 hour closed period when there would be an expectation from nearby residents of limited noise and disturbance, even allowing for the main road.

11. The appellant’s assertion referred to in the previous main issue that ATM use is associated with shopping, has not been backed by statistical data on such use, although in that main issue, this lack was not critical. In this main issue however, it is not possible to come to a firm conclusion that the use of the ATM would coincide with the opening hours of the shop and that the activity around the machine would be significantly less outside of store opening hours, all as claimed in paragraph 5.36 of the appellant’s Appeal Statement. Certainly there

www.planningportal.gov.uk/planninginspectorate 2 Appeal Decision APP/Z3825/A/13/2205533

would be more activity around the machine during opening hours, as people going to the adjacent shop door would be included, but there is a likelihood, as yet un-quantified, of use over an extended period outside shop hours.

12. It is accepted that the machine would not, itself, be noisy, and even at night the sounds of the process and audible alerts would be most unlikely to cause disturbance at the nearest dwelling. Similarly in this built-up area, the lights are unlikely to cause harm. However, due to the visible location on a main road into and out of the town, users may be attracted to the machine while making other late night, or early morning journeys. The risk is of vehicle users being attracted to, or knowing of the machine, more than people on foot making special journeys out of hours.

13. With the car park apparently available throughout the operating period of the ATM, as no barriers are shown on the application drawings, there is a risk of vehicles entering the site to park as close to the machine as wished, and quite possibly reversing into the area outside the service yard to drive off, that area and the entrance being immediately adjacent to number 51. Quite the opposite to the considerations in the first main issue, it is the risk of vehicular access that could cause the harm. Such use may well be infrequent, isolated occasions, but it is that type of noise and disturbance in the night that can cause unacceptable harm in a residential area. Use of the ATM would inevitably include car doors closing, manoeuvring and pulling away, all possible sources of unwarranted close-range noise.

14. On the balance of the evidence available it is concluded that there is a risk of noise and disturbance affecting the living conditions of neighbouring residential occupiers contrary to the need in Policy DC9 to not cause unacceptable harm to their amenity.

Conclusions

15. Whilst use during the opening hours of the shop is unlikely to so add to the vehicular parking and traffic on the site and nearby, as to cause harm, there is a risk, due to the location and visibility of the ATM, that overnight use could adversely affect the living conditions of neighbouring residents at a time when a lack of noise and disturbance might reasonably be expected. The information supplied does not allow that risk to be discounted in this Decision to a level that would allow the proposal to be permitted. For the reasons given above it is concluded that the appeal should be dismissed.

S J Papworth

INSPECTOR

www.planningportal.gov.uk/planninginspectorate 3 DC/14/0925 Tesco Express

Scale : 1:1250

SLA Number 100018563 APPENDIX A/ 9 - 1

DEVELOPMENT MANAGEMENT REPORT

TO: Development Management (North) Committee BY: Development Manager DATE: 5th August 2014 Development of 33 dwellings and associated access, parking and DEVELOPMENT: landscape arrangements SITE: Land North of Ringley Road Horsham WARD: Roffey North APPLICATION: DC/13/1890 APPLICANT: Persimmons Homes Ltd

REASON FOR INCLUSION ON THE AGENDA: Referred back to Committee by Cllr Croft

RECOMMENDATION: That the application be delegated for the grant of planning permission subject to conditions and s.106 agreement.

1.0 THE PURPOSE OF THIS REPORT

1.1.1 This application was presented to Planning Committee on 4th February 2014, and members resolved to grant planning permission subject to consultation with the local ward members, vice-chairman and chairman of the North Area Committee in respect of the wording of conditions and the s.106 legal agreement. This report summarises the final position in respect of both of these matters and members are requested to determine the application on this basis.

2.0 DESCRIPTION OF THE APPLICATION

2.1.1 This is a full planning application that seeks permission for the erection of 33 dwellings and associated works on land north of Ringley Road. The site to be developed currently forms part of the Parsonage Farm commercial site which lies within the defined built up area of Horsham. Full details of the proposed scheme are set out within the committee report dated 4th February 2014, and this is attached to this report under Appendix 1.

2.1.2 There have been no changes to the scheme since it was previously considered by members at the committee in February.

Contact Officer: James Hutchison Tel: 01403 215162 APPENDIX A/ 9 - 2

3.0 DESCRIPTION OF THE SITE

3.1.1 The site has an area of approx 0.9 hectares and is roughly triangular in shape is relatively flat. It is located within the built up area boundary of Horsham. To the west and North lies land within the Parsonage farm site in commercial use. To the east lies the rear of properties that front onto Rusper Road. The properties on the eastern boundary are within Naldrett Close and Foxleigh. To the south of the site lie the properties in Ringley Road, which are bungalows of a consistent but not identical design. The majority of the properties on Ringley Road have driveways and hardstanding which provide ample off street car parking provision.

3.1.2 The application site comprises of open land which has been used in connection with the use of the remainder of the Parsonage Farm site. Currently the site is accessed from within the Parsonage Farm site, with no vehicular or pedestrian access from Ringley Road.

3.1.3 The site is also covered by an area Tree Preservation Order (TPO/0093). The existing individual trees within the site are on the Western and Eastern boundaries, with the majority on the Eastern boundary. There are also a number of trees adjacent to but outside of the Eastern boundary of the site and the root protection areas of these trees have also been taken into account in the layout of the development.

4. PLANNING POLICIES

4.1 STATUTORY BACKGROUND

4.1.1 The Town and Country Planning Act 1990 Planning and Compulsory Purchase Act 2004

4.2 RELEVANT GOVERNMENT POLICY

4.2.1 National policy in the form of the National Planning Policy Framework (NPPF) is a material consideration. The following sections are of particular relevance in the assessment of this application, 1) Building a strong, competitive economy, 2) Delivering a wide choice of high quality homes, 4) Promoting sustainable transport, 7) Requiring good design and 10) Meeting the challenge of climate change and flooding.

4.2.2 Planning Practice Guidance (2014)

4.3 RELEVANT COUNCIL POLICY

4.3.1 The development plan consists of the Core Strategy (CS) (2007), the General Development Control Policies (2007) DPD, the Site Specific Allocations of Land (2007) DPD and the Proposals Map (2007). Another relevant local development document is the Planning Obligations SPD.

4.3.2 In relation to the Core Strategy, Policies CP1, CP2, CP3, CP5, CP9, CP12, CP13 and CP19 are of particular relevance to this proposal. In relation to the General Development Control Policies, Policies DC9, DC18 and DC40 and considered to be of particular relevance. Policy AL 3 of the Site Specific Allocations of Land 2007 document.

APPENDIX A/ 9 - 3

4.3.3 The Horsham District Planning Framework (HDPF) Preferred Strategy was approved by the Council for consultation on 25th July 2013. The consultation period started on 16th August 2013 and continued until 11th October 2013. This planning application will be considered following the consultation period and therefore the emerging Preferred Strategy is a material consideration in the assessment of this planning application, albeit one which can carry only very limited weight.

5.0 PLANNING HISTORY

5.1.1 There is no relevant planning history associated with the land forming the application site.

6.0 OUTCOME OF CONSULTATIONS

6.1.1 This report only seeks to update members on the process of drafting conditions and the s.106 agreement following the resolution of members to grant planning permission on 4th February 2014. There is no necessity for a re-consultation on the application as a result of the resolution that was passed at this committee meeting, and members are therefore directed back to the summary of consultation and notification responses in the previous report to committee, which is attached in Appendix 1. In addition, the full consultation responses and representations are viewable on the public file at: www.horsham.gov.uk

7.0 HOW THE PROPOSED COURSE OF ACTION WILL PROMOTE HUMAN RIGHTS

7.1.1 Article 8 (right to respect of a private and family life) and Article 1 of the First Protocol (protection of property) of the Human Rights Act 1998 are relevant to the application. Consideration of Human Rights forms part of the planning assessment below.

8.0 HOW THE PROPOSAL WILL HELP TO REDUCE CRIME AND DISORDER

8.1.1 It is not considered that the proposed development would have any impact on crime and disorder.

9.0 PLANNING ASSESSMENT

9.1.1 This report follows the consideration of the planning application by Committee on the 4th February 2014 and the passing of a resolution to grant planning permission subject to consultation with the local members, vice-chairman and chairman in respect of the drafting of planning conditions and the s.106 legal agreement. Material to this report therefore is the consultation process since the committee meeting of 4th February 2014, and the appropriateness of the conditions and s.106 legal agreement. For a full assessment of the details of the application, members are referred to the original report to Committee, which is attached in Appendix 1.

9.1.2 Members are requested to review the planning conditions set-out in the draft decision notice in Appendix 2 to this report. These conditions have been the subject to consultation with the local ward members in two briefings that took place on 14 March 2014 and 04 April 2014. The conditions and draft s.106 agreement were also discussed at a meeting with the local ward member (Cllr Croft) and a third party that took place on 29 May 2014.

APPENDIX A/ 9 - 4

9.1.3 Throughout the course of this process, Officers have been in discussions with local members and the applicant/ agent for this application, and the draft conditions result out of this extensive consultation. The s.106 agreement, with the exception of the phasing of planning contributions that has been the subject of a more recent request by the applicant, has also been consulted upon and is deemed to have informally reached an agreed state.

9.1.4 Members are asked to specifically note condition 3 of the draft decision notice, which relates to a Construction Environment Management Plan (CEMP). This is a strategy that has been agreed with the applicant, and which a local resident and the local ward member have already been consulted on. It establishes the basis for a construction process that would minimise noise, disturbance and pollution to local residents within Ringley Road and the vicinity of the site.

9.1.5 At the behest of local members/residents, an additional clause to condition 3 has been attached following the meeting on 29 May 2014 to restrict deliveries to the site prior to the permitted start time on-site in the morning. This part of the condition will secure an alternative ‘holding area’ away from the site for any earlier deliveries that may incidentally fall outside of the permitted hours in condition 4.

9.1.6 Following concerns from local residents and members in respect of the access to/from the site from Ringley Road, a clause has been attached to the draft s.106 agreement that restricts the use of the access onto Ringley Road to only that of pedestrians, cyclists and emergency vehicles. The sole vehicular access/egress from the site, with the exception of emergency vehicular access, will be provided from the northern end of Parsonage Way.

9.1.7 The s.106 agreement is now in its final draft and is ready for completion and attachment to the planning permission upon issue. The agreement ties the applicant (or whoever takes ownership of the site for implementation) into providing payment of the following planning contributions:

· Affordable Housing (refer to previous report for the previously agreed schedule); · HDC Community Facilities (sum of £10,944.00) · WSCC Education Services (sum of £152,810.00) · WSCC Fire Services (sum of £3,040.00) · WSCC Library Services (sum of £7,169.00) · HDC Open Space and Recreation (sum of £48,955.00) · WSCC Transport Access Demand (sum of £67,901.00)

9.1.8 The applicant has requested that the trigger point for the payment of these contributions be amended from the ‘occupation date’ (prior to first occupation) to a phased payment whereby 50% would be payable on or before the occupation date, and the outstanding amount becomes payable upon occupation of the 15th dwelling unit.

9.1.9 This request for the phasing of the planning contributions is considered to be entirely satisfactory for the reason that the impact that the contributions are required to mitigate would only occur upon the occupation of the dwellings. By providing 50% on first occupation and 50% on the 15th occupation, the contributions will be received prior to the impact on infrastructure occurring, and in this manner the integrity of the necessity for the planning contributions is preserved. The final payment has also been timed substantially before the completion and occupation of the final units on the site, and the enforceability of securing the final 50% of the contributions is likewise preserved.

9.1.10 Officers have been made aware of the possibility of works to connect utilities to the site from a route along Ringley Road, and understand that if this were to occur then there is the likelihood of some noise and disturbance being caused to local residents. With this in mind, APPENDIX A/ 9 - 5

it should be stressed that as a statutory undertaker, utility companies have Permitted Development Rights to undertake work without requiring planning permission under part 17, Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995. The works to which these concerns have been raised cannot be controlled through the planning process, and for this reason they are not material to the consideration of this application. Any restrictions or limitations that maybe sought and imposed in respect of these works would therefore be ultra vires and therefore susceptible to legal challenge.

9.2 Conclusion

9.2.1 The draft planning conditions and s.106 agreement, together, provide for the securement of all of the necessary details and additional information that is required to provide for the appropriate delivery of the development of this site. The planning contributions will be secured in such a manner as to ensure that the development appropriately mitigates its impacts. Moreover, Officers have sought to engage in consultation with local members throughout the course of the drafting of conditions and the s.106 agreement, as evidenced by the various briefings that have been undertaken. It is now considered that the conditions and s.106 agreement are sufficiently robust, and that owing to the expediency to which this application needs to be determined, that planning permission should be granted.

10.0 RECOMMENDATION

10.1.1 That the application be granted planning permission subject to the conditions listed within Appendix 2, and with the attachment of the completed s.106 agreement.

Background Papers

All documents relating to this application DC/13/1890

APPENDIX A/ 9 - 6

APPENDIX A/ 1 - 1

DEVELOPMENT MANAGEMENT REPORT

TO: Development Management Committee North BY: Head of Planning and Environmental Services DATE: 4th February 2014 Development of 33 dwellings and associated access, parking and DEVELOPMENT: landscape arrangements SITE: Land North of Ringley Road Horsham WARD: Roffey North APPLICATION: DC/13/1890 APPLICANT: Hillread Homes Ltd

REASON FOR INCLUSION ON THE AGENDA: Category of development

RECOMMENDATION: That the application be delegated for approval, subject to the completion of an appropriate legal agreement relating to infrastructure contributions and affordable housing.

1. THE PURPOSE OF THIS REPORT

To consider planning application DC /13/1890. The application was previously deleted from the agenda of the December meeting, to enable in particular, consultation responses from the Highway Authority and Public Health and Licensing to be included and considered in the report, having been received after the completion of the original report.

DESCRIPTION OF THE APPLICATION

1.1 This is a Full planning application that seeks permission for the erection of 33 dwellings and associated works on land north of Ringley Road on land currently forming part of the Parsonage Farm commercial site which lies within the defined built up area of Horsham. The site forms part of a larger area which is allocated within the Horsham District Local Development Framework for residential development (Policy AL 3).

1.2 The site has an area of approx 0.9 hectares and presently is part of the wider Parsonage Farm site in commercial usage. A mix of units is proposed in the current application, which comprises 13 affordable units in the form of 6 x 1 bedroom flats, 5 x 2 bedroom houses and 2 X 3 bed houses. A further 20 houses are also proposed, which include a mixture of 14 X 3 bed units and 6 X 4 bed houses. The proposal therefore proposes 40%

Contact Officer: Mr S Booth Tel: 01403 215169 APPENDIX A/ 1 - 2

affordable housing within the scheme. The 33 proposed dwellings would be two storeys in height but some with accommodation in the roof space. The 6 flats are proposed to be 2 storeys in height. The height of the properties within the development ranges from 8 – 10.3m

1.3 Areas for cycle and bin storage are shown to the rear of the units. The layout of the development is essentially linear in form laid out on either side of and at the end, of the access. Towards the centre of the site, the development opens out around the shared surface turning head area and an area that could provide a future pedestrian/cycle link and emergency access only, to the remainder of the Searles Yard site.

1.4 Vehicular access to the application site is proposed to be obtained from Ringley Road, through an extension of the existing turning head at the end of the Road. The access within the site is shown to be tarmac (4.8m wide) with footpath on the western side to highway adoptable standards, for the first 60 -65m. It is then shown as a shared surface extending a further 32m, within a turning area surfaced with permeable blocks, with dedicated pedestrian areas on either side, separated from the shared surface by bollards, again to highway adoptable standards. The remaining 55m of access (to serve 6 dwellings) is shown as resin bonded private drive.

1.5 The proposed 20 open market houses would have 54 parking spaces and the 13 affordable units would have 19 parking spaces. Total parking provision would be 53 allocated spaces and 22 unallocated spaces to serve the 33 dwellings. The majority of parking spaces are either on or off curtilage, allocated or visitor spaces, with the exception of a parking area to the rear of plots 1 – 7 adjacent to the Western boundary containing 15 parking spaces (12 unallocated and 3 visitor spaces)

1.6 The site has an area of approx 0.9 Ha and with the proposed 33 dwellings would result in a density of development of approx 37 dwellings per Ha.

1.7 The application is supported by a number of associated documents which include:-

1. Planning application forms and notices

2. Planning Statement

3. Statement of community involvement

4. Design and Access statement

5. Phase 1 Habitat Survey

6. Arbocultural statement

7. Desk based Archaeology Survey

8. Land contamination report

9. Drainage and flood risk assessment

10. Landscape masterplan and detailed soft landscaping proposals

APPENDIX A/ 1 - 3

11. Noise impact assessment

12. Transport statement

13. Stage 1 road safety audit and designers response

14. S106 Draft heads of terms

DESCRIPTION OF THE SITE

1.8 The site has an area of approx 0.9 hectares and is roughly triangular in shape is relatively flat. It is located within the built up area boundary of Horsham. To the west and North lies land within the Parsonage farm site in commercial usage. To the east lies the rear of properties that in themselves lie to the rear of properties that front onto Rusper Road. The properties on the eastern boundary are within Naldrett Close and Foxleigh. To the south of the site lie the properties in Ringley Road, which are bungalows of a consistent but not identical design. The majority of the properties on Ringley Road have driveways and hardstanding which provide ample off street car parking provision.

1.9 The application site comprises open land which has been used in connection with the use of the remainder of the Parsonage Farm site. Currently the site is accessed from within the Parsonage Farm site, with no vehicular or pedestrian access from Ringley Road.

1.10 The site is also covered by an area Tree Preservation Order (TPO/0093). The existing individual trees within the site are on the Western and Eastern boundaries, with the majority on the Eastern boundary. There are also a number of trees adjacent to but outside of the Eastern boundary of the site and the root protection areas of these trees have also been taken into account in the layout of the development.

2. INTRODUCTION

STATUTORY BACKGROUND

2.1 The Town and Country Planning Act 1990.

RELEVANT GOVERNMENT POLICY

2.2 National policy in the form of the National Planning Policy Framework (NPPF) is a material consideration. The following sections are of particular relevance in the assessment of this application, 1)Building a strong, competitive economy, 2) Delivering a wide choice of high quality homes, 4) Promoting sustainable transport, 7) Requiring good design and 10) Meeting the challenge of climate change and flooding.

APPENDIX A/ 1 - 4

RELEVANT COUNCIL POLICY

2.3 The development plan consists of the Core Strategy (CS) (2007), the General Development Control Policies (2007) DPD, the Site Specific Allocations of Land (2007)

DPD and the Proposals Map (2007). Another relevant local development document is the the Planning Obligations SPD.

2.4 In relation to the Core Strategy, Policies CP1, CP2, CP3, CP4, CP5, CP9, CP12, CP13 and CP19 are of particular relevance to this proposal. In relation to the General Development Control Policies, Policies DC9, DC18 and DC40 and considered to be of particular relevance. Policy AL 3 of the Site Specific Allocations of Land 2007 document.

2.5 The Horsham District Planning Framework (HDPF) Preferred Strategy was approved by the Council for consultation on 25th July 2013. The consultation period started on 16th August 2013 and continued until 11th October 2013. This planning application will be considered following the consultation period and therefore the emerging Preferred Strategy is a material consideration in the assessment of this planning application, albeit one which can carry only very limited weight.

2.6 The Preferred Strategy includes 13 Spatial Objectives, two of which require consideration as follows:- 6 - Provide a range of housing developments across the District that delivers the target number of new homes; respects the scale of existing places; and so far as is possible caters for the needs of all residents, including the delivery of affordable housing. 7 - To locate new development in sustainable locations that respect environmental capacity and which have appropriate infrastructure, services and facilities in place or where these can realistically be provided and to encourage the appropriate re-use of brownfield sites in sustainable locations. 2.7 Although they should only carry very limited weight at this early stage of the process, Preferred Strategy Draft Policies 1, 2, 3, 13,15, 23, 26, 27, 39 and 40 are relevant to this proposal,

PLANNING HISTORY

2.8 There is no relevant planning history associated with the land forming the application site.

3. OUTCOME OF CONSULTATIONS

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

INTERNAL CONSULTATIONS

3.2 Strategic and Community Planning No objection and comment that a refusal of planning permission from strategic planning reasons would not be supported. .

3.3 Housing Services Manager raises no objection

APPENDIX A/ 1 - 5

3.4 Arboricultural Officer raises no objection

3.5 Public Health and Licensing With regard to contamination, generally the submitted information is satisfactory subject to conditions. With regard to noise, there is no need for additional noise insulation measures over those proposed, provided the layout remains unaltered, subject to conditions ensuring measures proposed by the acoustic consultant and the boundary fence are implemented.

OUTSIDE AGENCIES

3.6 West Sussex County Council Raise No Objection. Identifies infrastructure contributions of Primary Education £73,598, Secondary Education of £79,212, Libraries of £7169, Fire and Rescue £3040 and Transport £67,901.

3.7 Environment Agency raises no objection 3.8 Natural England defer to their standing advice

3.9 Southern Water raises no objection subject to conditions

3.10 North Horsham Parish Council raise no objection.

PUBLIC CONSULTATIONS

3.11 A total of 30 letters of objection have been received, (some of which have been received from the same local residents) and which raise objections and concerns about the following matters:-

Parking and traffic Access issues Adverse impact on character of area Sewerage provision Contaminated land Disruption to residents Loss of amenity Impact on trees Access should be through Parsonage Farm Design Loss of privacy overlooking Many existing residents retired Affordable housing in inappropriate location Improved cycle connection should be provided Previous planning decisions Should be a more comprehensive proposal for the Parsonage Farm site Maintenance of communal areas Contrary to Policy Ecology issues Loss of light

APPENDIX A/ 1 - 6

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

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

It is not considered that the proposed development would have any impact on crime and disorder.

6. PLANNING ASSESSMENT

6.1 The National Planning Policy Framework (NPPF) sets out the government’s planning policy. In this regard, the NPPF has the presumption in favour of sustainable development running through it as a golden thread. Para.7 of the NPPF explains that there are three dimensions to sustainable development:- an economic role, a social role and an environmental role. Para.8 advises that these roles should not be undertaken in isolation, because they are mutually dependent. Economic growth can secure higher social and environmental standards, and well designed buildings and places can improve the lives of people and communities. Therefore, to achieve sustainable development, economic, social and environmental gains should be sought jointly and simultaneously through the planning system. Whereas previously the concept of sustainability in relation to development has been widely interpreted to relate purely to transport sustainability, in fact, the concept should be applied on a much wider basis to encompass all aspects of sustainability. This broader view, now encompassed in the NPPF, requires an assessment at the overall impact of a development on the community.

6.2. The site is in Horsham town, which is a Category 1 settlement as defined by Policy CP5 of the Core Strategy (2007). The site is also an allocated housing site AL3 in the Site Specific Allocations of Land (2007). The site is allocated for residential (160 units), employment and open space usage. Policy CP5 of the LDF Core Strategy seeks to give priority to locating new development within the defined built up areas within the District. The application site lies within the defined built up area of Horsham, constitutes previously developed land and is part of a larger site allocated for residential development.

6.3 Specific advice for decision taking is set out in Para.14 which requires that development which accords with the development plan should be approved without delay and where the development plan is absent, silent or relevant policies are out of date, to grant permission unless any adverse impacts of so doing would significantly and demonstrably outweigh the benefits. With respect to housing the NPPF conveys a strong imperative in favour of housing delivery. To that end, in order ‘to boost significantly the supply of housing’ (paragraph 47) local planning authorities should identify a supply of ‘specific deliverable sites to provide five years worth of housing against their housing requirements with an additional buffer of 5% (moved from later in the plan period). The Councils AMR 12/13 report acknowledges that Council does not have an adequate five year housing land supply when measured against the South East five year housing supply. The South East Plan (SEP) represents the most up to date and tested position a point acknowledged by the APPENDIX A/ 1 - 7

Inspector in the case of the Daux Avenue appeal in Billingshurst (DC/11/2385). The Council is achieving a 64.3% housing land supply with a shortfall of 2,107 units. 6.4 The principle of the development therefore accords with both national and local planning policies, in particular, NPPF14 and NPPF7, and the Site Specific Allocations of Land (2007) DPD and the Proposals Map (2007) and the policies contained within the LDF Core Strategy (2007). Having regard to the shortfall in housing there is no objection in principle to the development of this site subject to an assessment of the proposal in terms of the access, traffic and parking arrangements; the scale and design of the proposal; the impact on neighbouring properties and the contribution of the development in terms of the delivery of affordable housing and infrastructure contributions.

Scale and design

6.5 A core principle of the National Planning Policy Framework is to secure high quality design and a good standard of amenity for all for all existing and future occupiers of land and buildings, and to ensure that developments add to the overall quality of an area creating a strong sense of place, promoting or reinforcing local distinctiveness. Policy DC9 states that; planning permission will be granted for developments which ensure that the scale, massing and appearance is of a high standard of design and is locally distinctive in character. Policy CP3 places an emphasis on ensuring high quality and inclusive design for all new development.

6.6 Around the site the existing properties are an eclectic mix of bungalows and two storey properties. The existing properties on Ringley Road are bungalows of a similar size and scale but have evolved over the years with extensions and improvements so each property has its own distinct character. The properties to the east are predominantly two storey semi-detached and terraced properties.

6.7 The development proposes a predominantly linear form of development, following a similar settlement pattern to that of Ringley Road, but consisting of two and three storey dwellings. The proposed properties would mostly have a horizontal emphasis, much like the bungalows of Ringley Road and would be constructed from materials that are prevalent in the area. The dwellings would have relatively small open plan front gardens with the vast majority of the dwellings orientated with their principle elevations facing east or west, again, replicating the development pattern of Ringley Road. The spacing between the properties and plot sizes is similar to the existing pattern of development in the surrounding area, thereby having a similar development density.

6.8 Whilst it is acknowledged that properties in Ringley Road are bungalows, there are other two storey developments in the vicinity, namely to east of the site, on Naldrett Close, Foxleigh Chase and Rusper Road. It is considered that the proposed developments relationship with Ringley Road would be that of a natural extension to Ringley Road, having its own character but retaining and in some ways replicating the development pattern of the existing street to the south. Moreover, the proposed development would relate well with the existing two storey properties to the east of the site in terms of materials, size, scale and layout.

6.9 The overall form and character of the development together with its overall density, seeking to reflect the nature of development in the wider area is considered appropriate. The design and scale of the development is considered to accord with the provisions of the NPPF and Policy DC9. The scale and design of the proposed dwellings are therefore considered acceptable in this location.

APPENDIX A/ 1 - 8

Impact on neighbouring properties and future occupiers

6.10 LDF General Development Control Policy (2007) DC9 states that development will only be approved if they do not have a detrimental impact on the amenity of the neighbouring residents in terms of privacy and overbearing impact. This policy is also used to assess the impacts on the future residents within the proposed development

6.11 Concerns have been raised from neighbouring properties which relate to overlooking, loss of light and overbearing impact. Generally speaking, the Local Planning Authority would expect an elevation of a new dwelling which contains a habitable room window to be located approximately 21 metres away from an elevation of a neighbouring property that also has a habitable room window. A separation distance of approximately 12 metres would generally be required from a blank gable wall and an elevation that contains a habitable room window. Garden lengths should be approximately 10 metres in order to ensure the protection of privacy.

The following is an outline of the separation distances of the properties closet to the eastern boundary of the site -

· Plot 30 has a back to back distance in excess of 22 metres to rear elevation of 17 Naldrett Close. · Plot 22 has a back to side distance in excess of 15 metres to the gable wall of 4 Foxleigh Chase. · Plot 20 has a back to back distance in excess of 22 metres to the rear elevation of 5 Foxleigh Chase.

6.12 The remaining dwellings to the east of the site exceed the above distances. With regards to the impacts on the properties to the south on Ringley Road, Plot 33 is located over 11 metres away. Plot 1 is located over 7 metres away. These dwellings would be located to the north of the bungalows on Ringley Road so would not lead to any direct overshadowing or overlooking of the neighbouring properties.

6.13 With regard to the proposals relationship with surrounding properties, in particular those dwellings adjacent to the site in Ringley Road and to the east of the site, the separation distances and garden lengths are considered to be appropriate, ensuring that the proposed development would not have an adverse impact on the privacy of the neighbouring residents. The dwellings would be located sufficiently far enough away as to not increase the potential for direct overlooking.

6.14 The separation distances between the existing dwellings and the proposed dwellings would also ensure that the new dwellings would not result in an overbearing impact on the existing dwellings on Ringley Road and the properties to the east of the site and would not result in a significant direct loss of sunlight.

6.15 Whilst it is accepted there will be a change in relationship for the existing properties to the south and east of the site, it is considered the development takes account of development management criteria with regard to such issues and would not have a significant detrimental impact on the amenity of the neighbouring residents. Furthermore, the retention of the trees on the eastern boundary of the site would ensure that the proposed development would be softened when viewed from the existing dwellings to the east of the site.

6.16 With regard to the impact of an increase in the use of Ringley Road on the amenities of existing occupiers, such activity is not considered sufficient to justify refusal of planning permission in his case. This is discussed further in the Access, Traffic and Parking section. APPENDIX A/ 1 - 9

6.17 In terms of the impacts on the future residents of the proposed site, the scheme has been well designed and well laid out in order to ensure that the proposed dwellings would not result in creating an overbearing impact or result in a loss of privacy for any of the future occupiers of the site.

6.18 It is therefore considered that the proposed residential development would not have a significant detrimental impact on the amenity and privacy of the neighbouring properties. The concerns relating to loss of light, overshadowing and privacy and have been taken into consideration and it is considered that the proposed development accords with Policy DC9 and the NPPF.

Access, Traffic and Parking

6.19 LDF General Development Control Policy (2007) DC9 states that developments should provide adequate access and parking and should not result in a generation of traffic that would have an adverse impact on the surrounding highway network.

6.20 As stated above, access for the development is proposed to be obtained from Ringley Road. Ringley Road is currently a cul-de-sac off Parsonage Road. Concern has been expressed from neighbouring residents that the road is inadequate to serve both construction traffic and movements associated with the completed development.

6.21 A Transport Statement was submitted in support of the application. On the basis of the information submitted it is considered that the proposed development would generate up to 20 two way movements in the morning peak and up to 24 in the afternoon peak. This figure could be considerably lower with 40% of the dwellings being affordable housing so car ownership levels may be lower than if 100% of the properties were market homes. This is considered by West Sussex County Council Highways Authority to be a very low increase in vehicle movements and not significant enough to warrant refusal of the scheme.

6.22 The Manual for Streets gives advice on carriageway widths for residential developments. A 4.8m wide access width is considered sufficient to enable two opposing vehicles to pass and is a commonly used width in proposed developments. Based on the existing data provided by WSCC Highways Authority, the road is relatively lightly trafficked at present and the increase in vehicle movements would not have an adverse impact on the highway network.

6.23 Concern has been expressed that, due to existing on street parking within Ringley Road further pressure for on street parking would cause danger and inconvenience to highway users. It is also considered that the level of proposed parking is appropriate to serve the development so the proposed development would not lead to a significant increase in on street car parking levels.

6.24 Suggestions have been made that access should be obtained from within the Parsonage Farm site. However it is understood that at the present time such access could not be achieved. The current application therefore needs to be considered on its individual merits.

6.25 Overall, it is considered that the proposed development would not have a significant detrimental impact on the highway network. The proposed access is considered to be of a sufficient width, the off street car parking levels are considered to be acceptable and the increase in traffic levels on Ringley Road are not considered to be significant enough as to warrant an objection from WSCC Highways Authority. It is therefore considered that the proposed development would accord with Policy DC9.

APPENDIX A/ 1 - 10

Affordable housing

6.26 The proposal provides for 40% affordable housing and the Councils Housing Strategy Manager confirms that the proposal provides an appropriate amount and mix of affordable housing provision which would need to be secured through an appropriate legal agreement.

Infrastructure contributions

6.27 In accordance with Policies CP13 and DC40, the Council expects new qualifying development to contribute to improvements to existing local infrastructure, public services and community facilities, in order to mitigate any additional demands that would arise as a direct result of the development.

6.28 The proposal would generate a requirement for infrastructure requirements, to be secured through an appropriate legal agreement. The formal response of the County Council in this regard is awaited and a requirement for District contributions would also be generated.

The applicant has agreed in principle to the payment of appropriate and justified infrastructure contributions.

6.29 If the Committee agrees to grant planning permission, then these infrastructure requirements will need to be secured through a Section 106 Obligation before the planning permission is issued. This is reflected in the recommendation.

Trees

6.30 LDF General Development Control Policy (2007) DC2 states that development will only be permitted where it protects or enhances the key characteristics of the landscape character area in which it is located. Policy DC9 states that developments should retain important natural features and relate sympathetically to the local landscape.

6.31 The trees on the site are located on the boundary and the development provides adequate separation from the existing trees to be retained. The retention of the trees would soften the appearance of the development and would ensure that the character of the area if retained. The Councils Arboricultural Officer has been consulted withy regards to the scheme and the potential damages to tree roots as the trees on the site are protected by a Tree Preservation Order. The Arboricultural Officer has assessed the scheme and has raised no objection to the proposal.

6.32 It is therefore considered that the proposed development would not have an adverse impact on the protected trees on the site due to the positioning of the proposed dwellings. The landscape character of the area would therefore be protected. The scheme therefore accords with policies DC2 and DC9.

Contaminated land issues

6.33 The NPPF states that adequate investigation needs to be carried out to ensure that development sites are not contaminated land. The Council’s Environmental Health Officer has assessed the scheme and the information submitted by the applicant and has confirmed that the information is acceptable. Subject to appropriate conditions being placed on any permission, the proposed development would be considered to be acceptable and would fully accord with the guidance laid out in the NPPF. APPENDIX A/ 1 - 11

Noise from existing commercial enterprise

6.34 LDF General Development Control Policy (2007) DC9 states that development will only be approved if the future conditions of occupants would be acceptable. As part of the submission of the application a Noise Assessment was submitted which assessed any potential impact that the existing commercial enterprise to the west of the site could have on the future occupiers of the proposed residential development.

6.35 The report concluded that a 2.5m high acoustic fence should be installed on the western boundary of the site. This would ensure that the ongoing commercial activity adjacent to the site would not have an adverse impact on the amenity of the future residents. The Council’s Environmental Health Officer has been consulted with regards to this and has raised no objections to the scheme.

It is therefore considered that the ongoing commercial activity to the west of the site would not have a significant adverse impact on the amenity of the future residents of the proposed dwellings, thereby according with Policy DC9.

Ecology

6.36 The NPPF states that new development should have regard to the natural landscape and biodiversity should be preserved and enhanced. This particular site is a former commercial site so its ecological value is limited.

6.37 Notwithstanding this, the applicant has carried out a Phase 1 Habitat Survey in support of the application. The survey has concluded that the site performs only a limited local ecological role, supporting ‘habitats that are locally common and widespread”. A number of trees on the site have been identified as having the potential for supporting bats but these trees would be retained so the development would not have an adverse impact on this protected species.

6.38 It is therefore considered that the proposals would not have an adverse impact on the ecology of the site, thereby according with the NPPF.

Other Matters

6.39 i) The application has been subject to consultation with respect to drainage matters. Southern Water reports no objection the diversion of the public sewer and in the event of approval conditions are recommended to secure the submission of details in respect of foul and surface water for the site. ii)The scheme incorporates areas of planting open within the development and a scheme for maintenance of communal areas would be investigated during negotiations following any resolution for approval.

7. RECOMMENDATION

7.1 That the application be delegated for approval, subject to the prior completion of a Section 106 legal agreement to secure the infrastructure contributions and affordable housing requirements etc outlined in the report, receipt of satisfactory comments from consultees and subject to the following conditions:-

1) A2 Full Permission

2) E3 Fencing APPENDIX A/ 1 - 12

3) G3 Parking, Turning and Access

4) G4 Site Surface

5) G6 Recycling

6) H1 Access (General)

7) Visibility

8) H4a Construction Parking

9) Construction Management Plan (CMP)

The development hereby permitted shall not be commenced unless and until a Construction Management Plan has been submitted to and approved by the LPA. Thereafter the CMP shall be implemented and adhered to throughout the entire construction period. The CMP shall provide details as appropriate but not necessarily restricted to the following :-

Traffic management Construction traffic routing arrangements The loading/unloading arrangements for construction plant and materials The storage of construction plant and materials The location of site offices and telephone number of site agent The location of any security hoardings The parking arrangements for site operatives and visitors The provision of wheel cleaning facilities

Reason: In the interests of road and site safety and in the interests of amenity in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007). 10) H6 Wheel Washing

11) H10 Cycling Provision

15) L1 Hard and soft landscaping

16) L2a Protection of trees – not inspected

17) L3 Trenches

18) L6 Burning of materials

19) L10 Arboricultural Method Statement

21) M1 Approval of Materials

22) M8 Sustainable Construction (residential development)

23) O1 Hours of Working

24) D6 Floor levels

APPENDIX A/ 1 - 13

25) The developer shall submit details to the LPA for approval in writing (in consultation with Southern Water) of the measures to be undertaken to protect the public sewers crossing the site, prior to the commencement of development. Thereafter works shall be undertaken in accordance with the approved details. Reason: To protect the public sewers crossing the site in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

26) Full details of means of foul and surface water drainage to serve the development shall be submitted to and agreed in writing by the Local Planning Authority prior to works commencing on development. The scheme agreed shall be implemented strictly in accordance with such agreement unless subsequent amendments have been agreed with the Local Planning Authority. Reason: To ensure that the development is properly drained and in accordance with Policy DC7 of the Horsham District Local Development Framework: General Development Control Policies (2007). 26) No development shall commence until such time as revised plans and details Incorporating the recommendations given in the Stage 1 Road Safety Audit and accepted in the Designers Response have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. The recommendations include; a gateway/speed reducing feature, pedestrian crossing point at the existing turning head in Ringley Road and the continuous footway link on the eastern side of the road. Reason: In the interests of road safety.

27) No development shall take place, including any works of demolition, until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. Thereafter the approved Plan shall be implemented and adhered to throughout the entire construction period. The Plan shall provide details as appropriate but not necessarily be restricted to the following matters, · The method of access by construction vehicles during construction · the parking of vehicles by site operatives and visitors, · the loading and unloading of plant, materials and waste, · the recycling, removal and disposal of waste materials including an agreed traffic route for the waste vehicles, · the storage of plant and materials used in construction of the development, · the erection and maintenance of security hoarding, · the erection of site offices and ancillary buildings, the provision of wheel washing facilities, · the measures to control the emission of dust and dirt during demolition and construction, lighting for construction and security.

Reason: In the interests of highway safety and the amenities of the area.

28) No part of the development shall be first occupied until the car parking has been constructed in accordance with the approved site plan. These spaces shall thereafter be retained at all times for their designated purpose.

Reason: To provide car-parking space for the use

APPENDIX A/ 1 - 14

29) No part of the development shall be first occupied until covered and secure cycle parking spaces have been provided in accordance with plans and details submitted to and approved by the Local Planning Authority.

Reason: To provide alternative travel options to the use of the car in accordance with current sustainable transport policies.

30) No part of the development shall be first occupied until the road(s), footways, and casual parking areas serving the development 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.

31) No part of the development shall be first occupied until the vehicle turning space has been constructed within the site in accordance with the approved site plan. This space shall thereafter be retained at all times for their designated use. Reason: In the interests of road safety

INFORMATIVES

INF12 Highways Informative – Northern Area

The applicant/developer should enter into a formal agreement with Southern Water to provide the necessary sewerage infrastructure required to service this development. Please contact Southern Water, Southern House, Sparrowgrove, Otterbourne, Hampshire, SO21 2SW (tel: 0330 303 0119) or www.southernwater.co.uk

Section 59 Extra-ordinary Traffic The applicant is advised to enter into a Section 59 Agreement under the 1980 Highways Act, to cover the increase in extraordinary traffic that would result from construction vehicles and to enable the recovery of costs of any potential damage that may result to the public highway as a direct consequence of the construction traffic. The Applicant is advised to contact the Highway Officer (01243 642105) in order to commence this process.

Section 278 Works within the Highway The applicant is advised to enter into a legal agreement with West Sussex County Council, as Highway Authority, to cover the off-site highway works. The applicant is requested to contact The Implementation Team Leader (01243 642105) to commence this process.

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

Private Roads The applicant is advised that as the estate roads are to remain private/unadopted, the Highway Authority would require provisions in any s106 agreement to confirm that the estate roads would not be offered for adoption at a later date and wording included to ensure that the carriageways, footways and casual parking are properly constructed, surfaced and drained, and that the works are appropriately certified from a suitably qualified professional confirming the construction standard APPENDIX A/ 1 - 15

Positive & Proactive Statement

Statement pursuant to Article 31 of the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2012. The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

Background Papers

All documents relating to this application DC/13/1890

APPENDIX A/ 1 - 16

Park North, North Street, Horsham, West Sussex, RH12 1RL Tel: (01403) 215100 Fax: (01403) 215198 (Calls may be recorded)

website: www.horsham.gov.uk e-mail: [email protected]

Mr Chris Barker ECE Planning Limited Brooklyn Chambers 11 Goring Road Worthing

West Sussex BN12 4AP DRAFT Application Number: DC/13/1890

TOWN AND COUNTRY PLANNING ACT, 1990 (as amended) TOWN AND COUNTRY PLANNING (Development Management Procedure) (England) Order 2010

On behalf of: Mr Steve O'Halloran Hillreed Homes

In pursuance of their powers under the above-mentioned Act and Order, the Council hereby notify you that they PERMIT the following development, that is to say:

Erection of 33 x dwellings and associated access, parking and landscaping arrangements

(Development affects the setting of a Listed Building)

Land North of 23 and 28 Ringley Road Horsham West Sussex to be carried out in accordance with Application No. DC/13/1890 submitted to the Council on 30/09/2013 and subject to compliance with the plans/documents and conditions specified hereunder.

Hilary Coplestone Development Manager Date:

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

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

2 No development shall be commenced unless and until a schedule of materials and samples of such materials and finishes and colours to be used for external walls and roofs of the proposed building(s) have been submitted to and approved by the Local Planning Authority in writing and all materials used shall conform to those approved.

3 No development shall take place on the site, including any works of demolition, until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. Thereafter the CEMP shall be implemented and maintained throughout the entire construction period, in accordance with the approved details, unless any variation is approved in writing by the Local Planning Authority. The CEMP shall include:

- details of a communication strategy for residents to contact the site manager directly with complaints which should be manned at all times while site works are in progress

- the method of access and routing of vehicles during construction, and details of a holding area/ location for early deliveries outside of the permitted hours in condition 4

- the anticipated number, frequency and types of vehicles used during construction

- the parking of vehicles by site operatives and visitors

- the loading and unloading of plant, materials and waste

- the recycling, removal and disposal of waste materials including an agreed traffic route for the waste vehicles

- details of the arrangements for deliveries and the storage of plant and materials used in construction of the development

- the location of site offices and telephone number of the site agent

- the erection and maintenance of security hoardings

- the provision of wheel washing facilities and other works required to mitigate the impact of construction upon the public highway (including the provision of temporary Traffic Regulation Orders)

- measures to control the emission of dust and dirt during demolition and construction,

- lighting for construction and security

- details of public engagement both prior to and during construction works

Reason: In the interests of amenity and highway safety and in accordance with policy DC9 of the Horsham District Local Development Framework General Development Control Policies (2007).

4 No work for the implementation of the development hereby permitted shall be undertaken on the site except between 08.00 hours and 18.00 hours on Mondays to Fridays inclusive and 08.00 hours and 13.00 hours on Saturdays, and no work shall be undertaken on Sundays, Bank and Public Holidays unless otherwise agreed in writing by the Local Planning Authority.

Reason: To safeguard the amenities of nearby residents in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

5 Prior to the commencement of development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:

a) A preliminary risk assessment which has identified:

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

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

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

d) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (c) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

Any changes to these components require the express consent of the local planning authority. The scheme shall be implemented as approved.

Reason: To ensure that any pollution is dealt with in accordance with Policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

6 If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.

Reason: To ensure that any pollution is dealt with in accordance with Policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

7 No development shall commence until such time as revised plans and details Incorporating the recommendations given in the Stage 1 Road Safety Audit and accepted in the Designers Response have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. The recommendations include; a gateway/speed reducing feature, pedestrian crossing point at the existing turning head in Ringley Road and the continuous footway link on the eastern side of the road.

Reason: In the interests of road safety and to secure satisfactory standards of access for the proposed development and in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

8 The dwellings shall not be occupied until the roads(s), footways, and casual parking areas serving the development have been constructed, surfaced and drained in accordance with plans and details to be submitted to and approved by the Local Planning Authority.

9 The dwellings shall not be occupied until the vehicle turning space has been constructed within the site in accordance with the approved site plan. This space shall thereafter be retained at all times for this designated use.

10 The dwellings shall not be occupied until the car parking has been constructed in accordance with the approved site plan. These spaces shall thereafter be retained at all times for their designated purpose.

Reason: To ensure adequate off-street provision of parking in the interests of amenity and highway safety and in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

11 The garage buildings shall be used only as private domestic garages for the parking of vehicles incidental to the use of the properties as dwellings and for no other purposes.

Reason: To ensure adequate off-street provision of parking in the interests of amenity and highway safety and in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

12 Before development commences, details of the provision of facilities for the parking of cycles shall be submitted to and approved by the Local Planning Authority and the facilities so provided shall be thereafter retained solely for that purpose.

13 Notwithstanding the details shown on plan number 01.D received on 30.9.2013, no development shall take place until details of the design and construction of the pedestrian/cyclist/emergency vehicle access through to Parsonage Farm have been submitted to and approved in writing by the Local Planning Authority and no dwellings shall be occupied until the pedestrian/cyclist/emergency vehicle access has been provided. It shall be used only by pedestrians, cyclists and for emergency vehicles and shall not be used by vehicular traffic, apart from emergency vehicles. Thereafter the pedestrian/cyclist/emergency vehicle access shall be retained as approved and maintained in accordance with the approved details.

Reason: In the interests of amenity in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

14 No development shall take place until details of screen walls, fences and/or acoustic fences have been submitted to and approved in writing by the Local Planning Authority and no dwellings shall be occupied until such screen walls and/or fences associated with them

have been erected. Thereafter the screen walls and/or fences shall be retained as approved and maintained in accordance with the approved details.

Reason: In the interests of amenity in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

14 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or Orders amending or revoking and re-enacting the same, no gate, fence, wall or other means of enclosure shall be erected or constructed in front of the forwardmost part of any proposed building which fronts or faces onto a highway or vehicular access serving the site unless prior written permission has been granted by the Local Planning Authority (pursuant to an application for the purpose).

15 Before development commences precise details of the finished floor levels of the development in relation to a nearby datum point shall be submitted to and approved by the Local Planning Authority in writing. The development shall be completed in accordance with the approved details.

16 No development shall take place until a plan showing the accurate position of the public surface water sewer and details of the measures to be undertaken to protect or divert this apparatus has been submitted to and approved by the Local Planning Authority. The development shall be completed in accordance with the approved details.

Reason: To safeguard the public surface water sewer and in accordance with Policy CP2 of the Horsham District Local Development Framework Core Strategy (2007).

17 The dwelling(s) / building(s) hereby permitted shall not be occupied unless and until provision for the storage of refuse/recycling bins has been made within the site in accordance with details to be submitted to and approved in writing by the local planning authority.

Reason: To ensure the adequate provision of recycling facilities in accordance with policy CP2 of the Horsham District Local Development Framework: Core Strategy (2007).

18 No works or development shall take place unless and until full details of all hard and soft landscaping works have been submitted to and approved in writing by the Local Planning Authority. All such works as may be approved shall then be fully implemented in the first planting season, following commencement of the development hereby permitted and completed strictly in accordance with the approved details. Any plants or species which within a period of 5 years from the time of planting 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 otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure a satisfactory development and in the interests of amenity in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

19 No development, including works of any description, including demolition pursuant to the permission granted, ground clearance, or bringing equipment, machinery or materials onto

the site, shall take place until the following preliminaries have been completed in the sequence set out below:

(a) All required arboricultural works, including permitted tree felling and surgery operations and above ground vegetative clearance within such areas set out for development as indicated on the approved site layout drawing to be completed and cleared away;

(b) All trees on the site targeted for retention, as well as those off-site whose root protection areas ingress into the site, shall be fully protected by tree protective fencing affixed to the ground in full accordance with section 9 of BS 5837 'Trees in Relation to Construction' (2005). Once installed, the fencing shall be maintained during the course of the development works and until all machinery and surplus materials have been removed from the site. Areas so fenced off shall be treated as zones of prohibited access, and shall not be used for the storage of materials, equipment or machinery in any circumstances. No mixing of cement, concrete, or use of other materials or substances shall take place within any tree protective zone, or close enough to such a zone that seepage or displacement of those materials and substances could cause them to enter a zone. No alterations or variations to the approved tree works or tree protection schemes shall be carried out without the prior written approval of the Local Planning Authority.

20 Prior to the commencement of development a detailed long term Landscape Management and Maintenance Plan for all landscape areas shall be submitted to and approved by the Local Planning Authority in writing.

The plan shall include: - Aims and Objectives - A description of Landscape Components - Management Prescriptions - Details of maintenance operations and their timing - Details of the parties/organisations who will be maintain and manage the site, to include a plan delineating the areas that they will be responsible for

21 Prior to the commencement of the development full details of all underground services, including the position/layout, sizes and depths of service ducts, pipes, soakaways, manhole covers, and any above ground boxes/units shall be submitted to and approved by the Local Planning Authority in writing. These details shall demonstrate effective coordination with the landscape scheme submitted pursuant to condition 18, and with existing trees on the site by submission of a plan overlaying these details on the landscape scheme. All such underground services shall be installed in accordance with the approved details.

22 The burning of any materials from site clearance or from any other source shall not take place within 10m of the furthest extent of the canopy of any tree, group of trees, or hedgerow, targeted for retention on the site or on land adjoining.

Reason: To protect trees and vegetation from fire damage in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

23 The development and works shall be executed in full accordance with the submitted Arboricultural Method Statement.

Reason: To ensure the successful and satisfactory retention of important trees, shrubs and hedges on the site in accordance with policies DC2 and DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

24 The dwelling(s) shall achieve a Code Level 3 in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (or such national measures of sustainability for house design that replaces that scheme). No dwelling(s) shall be occupied until a Final Code Certificate has been issued for it certifying that Code Level 3 has been achieved.

Reason: To ensure the dwelling makes the most efficient use of renewable energy and to comply with policy DC8 of the Horsham District Local Development Framework: General Development Control Policies (2007).

25 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.

26 The development hereby permitted shall not be commenced until such time as a scheme to dispose of foul drainage has been submitted to, and approved in writing by, the local planning authority. The scheme shall be implemented as approved.

Reason: To ensure that the development is properly drained in accordance with Policy DC7 of the Horsham District Council Local Development Framework: General Development Control Policies (2007).

27 The internal layout of the flats hereby approved shall accord with the approved floor plans and shall not be altered or amended in any way without the prior approval in writing of the Local Planning Authority.

28 Before development commences a scheme of works shall be submitted to and approved in writing by the Local Planning Authority to ensure good internal noise levels as defined in

BS8233:1999 are achieved in all habitable rooms of the proposed flats. The scheme as approved by the local planning authority shall be fully installed before the flats are occupied and thereafter retained.

Reason: In the interests of residential amenity and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

29 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or Orders amending or revoking and re-enacting the same, the building(s) shall not be extended on any elevation which front or face onto a highway or vehicular access serving the site, unless planning permission has been granted by the Local Planning Authority on application in that respect.

30 Any additional windows that may be installed and that are not shown on these approved plans above ground floor level of the dwellings shall be obscured glazed and non-opening unless the parts of the window that can be opened are more than 1.7 metres above the floor of the room in which the window is installed.

A. The development hereby permitted shall be carried out in accordance with the approved plans listed in the schedule below.

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

Schedule of plans/documents:

Note to Applicant The applicant is advised to ensure that the CEMP as required by condition 3 and the remediation strategy as required by conditions 5 and 6 should be co-ordinated to deal with any contaminants identified.

Note to Applicant The applicant is advised to contact the Area Engineer, West Sussex County Council, Worthing Road, Broadbridge Heath, Horsham, RH12 3LZ, Tel No: 01243 642105 to obtain formal approval from the highway authority to carry out the site access works on the public highway.

Note to Applicant The applicant/developer should enter into a formal agreement with Southern Water to provide the necessary sewerage infrastructure required to service this development. Please contact Southern Water, Southern House, Sparrowgrove, Otterbourne, Hampshire, SO21 2SW (tel: 0330 303 0119) or www.southernwater.co.uk

Note to Applicant The applicant is advised to enter into a Section 59 Agreement under the 1980 Highways Act, to cover the increase in extraordinary traffic that would result from construction vehicles and to enable the recovery of costs of any potential damage that may result to the public highway as a

direct consequence of the construction traffic. The Applicant is advised to contact the Highway Officer (01243 642105) in order to commence this process.

Note to Applicant Statement pursuant to Article 31 of the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2012. The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

Note to Applicant The applicant is advised to contact the Community Highways Officer (01243 642105) to obtain formal approval from the highway authority to carry out the site access works on the public highway.

Note to Applicant The applicant is advised that as the estate roads are to remain private/unadopted, the Highway Authority would require provisions in any s106 agreement to confirm that the estate roads would not be offered for adoption at a later date and wording included to ensure that the carriageways, footways and casual parking are properly constructed, surfaced and drained, and that the works are appropriately certified from a suitably qualified professional confirming the construction standard.

Note to Applicant The applicant is advised to enter into a legal agreement with West Sussex County Council, as Highway Authority, to cover the off-site highway works. The applicant is requested to contact The Implementation Team Leader (01243 642105) to commence this process.

Note to Applicant: In making this decision the Council has had regard to the following policy(ies) from the Local Development Framework Core Strategy/Local Development Framework General Development Control Policies: CP1 CP2 CP3 CP4 CP5 CP9 CP12 CP13 CP19 DC9 DC18 DC40

ADDITIONAL INFORMATION

Planning Permission – Important Provisos If planning permission has been granted, please note that your Notice of Decision refers only to consideration of your proposal under the Town and Country Planning Acts. It is not a building regulations approval and does not mean that you can disregard other Acts of Regulations, or avoid any other legal obligations. Some of these obligations, of particular relevance to your proposal are referred to elsewhere in this note. Before you proceed with your proposal you should ensure that a Building Control application is not required, or has been submitted. The Building Control Department can be contacted on 01403 215151.

If this permission relates to new dwellings, commercial premises or other buildings which will require a new postal address you should contact the Council’s Street Naming & Numbering Department as soon as possible or before work commences on site. Further details are available on the Street Naming page on the Council’s website or alternatively e-mail [email protected] or telephone 01403 215139.

It must be stressed that the information included on this Notice of Decision may not include all your legal obligations, and it does not grant you rights to carry out works on or over lands, or to access land that is not within your control or ownership.

Compliance with the Approved Plans and Conditions The development hereby approved must be implemented in accordance with the approved plans and any conditions set out in the Notice. Some of the conditions may specify that works are to be carried out, and/or details submitted and approved before all or part of the development is started. These will appear in the ‘Pre Commencement Conditions’ section of the Notice.

If works on implementing this permission is started without these requirements being fully met, the development may be unauthorised and the permission invalidated, and could lead to enforcement proceedings or in some cases to prosecution.

Amendments Should alterations or amendments be required to the approved plans, it will be necessary to apply either under Section 96A of the Town and Country Planning Act 1990 for non material alterations, or under Section 73 of the Act for minor material alterations. An application must be made using the standard application form and you should consult with us, to establish the correct type of application to be made.

Monitoring Horsham District Council monitors the implementation of planning permissions. Please be aware that monitoring officers may visit the application site at various stages of the development to ensure compliance with the approved plans and conditions.

Conditions Compliance Requests for confirmation of compliance with conditions associated with that permission should be made in writing or by using the application form ‘Approval of Details Reserved by Conditions’.

A request may be for confirmation that one or more conditions imposed on the same permission have been complied with. We aim to respond within 8 weeks of receipt of the request.

Right of Appeal If you are aggrieved by the decision to refuse permission for the proposed development or to grant it subject to conditions, then you can appeal to the Secretary of State under Section 78 of the Town and Country Planning Act 1990.

You must appeal within 12 weeks of the date of the decision notice for a householder application and within 26 weeks for other types of planning applications. Please note, only the applicant possesses the right of appeal.

The details of how to appeal together with the form which must be used can be obtained from the Planning Inspectorate at Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN (Tel: 0303 444 5000) or on-line at www.planningportal.gov.uk/pcs

DCN140204

DEVELOPMENT CONTROL (NORTH) COMMITTEE 4th February 2014

Present: Councillors: Liz Kitchen (Chairman), Roy Cornell (Vice-Chairman), John Bailey, Andrew Baldwin, Peter Burgess, John Chidlow, Leonard Crosbie, Malcolm Curnock, Laurence Deakins, Duncan England, Frances Haigh, David Holmes, Ian Howard, Christian Mitchell, Josh Murphy, Godfrey Newman, Jim Rae, Stuart Ritchie, David Sheldon, David Skipp, Simon Torn, Claire Vickers, Tricia Youtan

Apologies: Councillors: Christine Costin, Helena Croft, David Jenkins

DCN/107 MINUTES

The minutes of the meeting of the Committee held on 7th January 2014 were approved as a correct record and signed by the Chairman.

DCN/108 INTERESTS OF MEMBERS

Member Item Nature of Interest

Councillor Tricia DC/13/2029 Personal - she knows the applicant Youtan Councillor David DC/13/1829 Personal – he knows one of the Sheldon public speakers

Simeon Manley, Interim Planning Manager, declared a personal interest in Item DC/13/1890 as he used to live in Ringley Road.

DCN/109 ANNOUNCEMENTS

There were no announcements.

DCN/110 APPEALS

Notice concerning the following appeals had been received:

Appeals Lodged Written Representations/Household Appeals Service

Ref No Site Appellant(s)

DC/13/1765 14 Peary Close, Horsham Ms Shelley Vickers

DC/13/1465 115 College Road, Southwater Mrs Emma Beckford

Development Control (North) Committee 4th February 2014

DCN/110 Appeals (Cont.)

Informal Hearings

Ref No Site Appellant(s)

DC/13/0103 Buchan Hill Reservoir (land south of), Rural Eco Ltd and Buchan Hill, Pease Pottage Hyde Housing Association

Appeal Decisions

Ref No Site Appellant(s) Decision

DC/13/1230 8 Six Acres, Slinfold Mr & Mrs Erik Dismissed Sorensen

DCN/111 PLANNING APPLICATION: DC/13/1890 – DEVELOPMENT OF 33 DWELLINGS AND ASSOCIATED ACCESS, PARKING AND LANDSCAPE ARRANGEMENTS SITE: LAND NORTH OF RINGLEY ROAD, HORSHAM APPLICANT: HILLREAD HOMES LTD

The Head of Planning & Environmental Services reported that this application sought permission for the erection of 33 dwellings, including 40% affordable housing, on land that formed part of the Parsonage Farm commercial site. The dwellings would include: 13 affordable units comprising six 1-bedroom flats, five 2-bedroom houses and two 3-bedroom houses; and fourteen 3-bedroom houses and six 4-bedroom houses. The density of the site would be approximately 37 dwellings per hectare. The houses and flats would be two storeys high, some with accommodation in the roof space.

The application included access, parking and landscaping. Access would be from Ringley Road, which was a cul-de-sac, through an extension of the existing turning head at the end of the road. There would be a total of 75 parking spaces. 54 parking spaces would serve the 20 open market houses and 19 parking spaces would serve the 13 affordable dwellings.

The application site was located within the built up area of Horsham and was open land used in connection with the Parsonage Farm commercial site. There was currently no vehicular access onto Ringley Road. The site was to the east and south of the Parsonage Farm site. It was west of properties to the rear of properties fronting onto Rusper Road, and also west of properties in Naldrett Close and Foxleigh. Bungalows in Ringley Road were to the south of the site.

2 Development Control (North) Committee 4th February 2014

DCN/111 Planning Application: DC/13/1890 (Cont.)

The National Planning Policy Framework 2012; Local Development Framework Core Strategy Policies CP1, CP2, CP3, CP4, CP5, CP9, CP12, CP13 and CP19; Local Development Framework General Development Control Policies DC9, DC18 and DC40; Site Specific Allocations of Land 2007 Policy AL3; and the Horsham District Planning Framework Preferred Strategy were relevant in the determination of this application.

There was no planning history relevant to this application.

The responses from statutory internal and external consultees, as contained within the report, were considered by the Committee.

With regards to access for construction traffic, which would currently be restricted to using Ringley Road, it was reported at the meeting that the applicant was in discussion with the owner of the Parsonage Farm site regarding potential access for construction traffic via the commercial site.

With regards to contamination and noise, the Public Health and Licensing Officer had raised no objection, subject to conditions. The Officer was satisfied that the land was unlikely to be contaminated but further investigation and a validation report would be required prior to construction.

The Parish Council raised no objection to the application. Thirty letters of objection, some from duplicate addresses, had been received. Three members of the public spoke in objection to the application and the applicant’s agent addressed the Committee in support of the proposal.

Members considered the principle of the development in the context of local and national policies. Whilst the proposal was in accordance with the presumption in favour of sustainable development, Members expressed disappointment that an application for this parcel of land was being considered in isolation from the wider Parsonage Farm brownfield site.

Concerns regarding access were noted and Members discussed the effect of the proposal on the amenity of neighbouring occupiers and in particular the impact on residents in Ringley Road caused by increased traffic movements. The Highways Authority had raised no objection to the proposal and Members concluded the proposal could not be refused on these grounds alone. Members also considered whether the design and scale of the buildings would be in keeping with the surrounding area.

Members noted the comments of the Public Health and Licensing Officer and sought reassurance that contamination issues would be comprehensively addressed through conditions. It was confirmed that there would be a full investigation of the site and any contamination issues identified would be resolved prior to the commencement of works.

3 Development Control (North) Committee 4th February 2014

DCN/111 Planning Application: DC/13/1890 (Cont.)

Should contamination be subsequently found, work would be required to cease until all contamination issues were satisfactorily resolved.

It was noted that an Environmental Management Plan would be required prior to commencement of works, which would help to protect residential amenity, including the management of the sewer construction. Members remained concerned at the potential impact of construction traffic on the residents of Ringley Road should access via the Parsonage Farm site prove unviable.

After careful consideration, Members concluded that the impact of the proposal would not provide sufficient justification to override the presumption in favour of sustainable development and agreed that the proposal was acceptable in principle.

Officers confirmed that a condition to ensure that garages continued to be used as garages would be added during the determination of the application.

Members requested that there should be no vehicular access from the proposed development to the Parsonage Farm site to prevent through traffic in Ringley Road. It was agreed that this could be controlled through a legal agreement.

RESOLVED

(i) That a legal agreement be entered into to: secure infrastructure contributions and affordable housing requirements; to prevent access from the development to the wider Parsonage Road site for purposes other than pedestrian, cvcle and emergency access in perpetuity; and to secure the acoustic fence and its future management.

(ii) That, on completion of the agreement in (i) above, and receipt of satisfactory comments from consultees, application DC/13/1890 be determined by the Head of Planning & Environmental Services, in consultation with Local Members, the Chairman and Vice Chairman for the framing of conditions to include: the construction environmental management plan (including controls on the routing of construction traffic and hours of working); contamination; the design of the access to the adjacent site; the use of garages for parking only; and a management plan for the whole of the site . The preliminary view of the Committee was that the application should be granted.

4 Development Control (North) Committee 4th February 2014

DCN/112 PLANNING APPLICATIONS: DC/13/2183 – VARIATION OF CONDITION 4 OF DC/08/0316 (DEVELOPMENT OF RETIREMENT VILLAGE) TO RELATE TO NEW INDICATIVE SITE LAYOUT PLAN; AND DC/13/2184 – THE ERECTION OF 2 NO. APARTMENTS IN ADDITION TO APPROVED VILLAGE SHOP AND WARDEN'S ACCOMMODATION SITE: DURRANTS DRIVE, FAYGATE APPLICANT: IWAN JONES

The Head of Planning & Environmental Services reported that application DC/13/2183 sought permission for a variation of Condition 4 attached to the outline permission which had been allowed on appeal for the retirement village. This condition required the development to conform to various plans approved under reserved matters application DC/10/0088, which had shown a Medical Centre in the frontage buildings along Faygate Lane (Minute No. DCN/150 (13.04.10) refers). The applicant wished to relocate the Medical Centre within the Central Facilities building in the middle of the site instead. The relocation of the Medical Centre would require a revised layout plan, subject to approval of this application.

Application DC/13/2184 sought permission for one 2-bedroom flat on the ground floor, in place of the Medical Centre, and one 1-bedroom flat on the first floor above the shop. The first floor area had been proposed storage space for the shop, but this was now to be provided on the ground floor. The applicant had submitted a draft Unilateral Undertaking that these flats would be affordable housing. The shop and refuse store on the ground floor and the warden’s flat on the first floor in the original plans would be retained.

The application site was located to the north of Faygate village and was accessed off Faygate Lane. It had had a number of uses over many years. The previous buildings had been demolished and the retirement village units were under construction.

The southern boundary of the site was adjacent to a public footpath, beyond which were fourteen industrial / commercial units within Faygate Business Centre. Faygate Railway Station and the railway line were to the south- west. There were four residential dwellings to the south-east, north of the railway line and south of the access road, and four detached dwellings fronting onto Faygate Lane to the north of the main site.

The National Planning Policy Framework 2012; Local Development Framework Core Strategy Policies CP1, CP2, CP3, CP4, CP5, CP12, CP13, CP15 and CP16; Local Development Framework General Development Control Policies DC1, DC3, DC7, DC8, DC9, DC10, DC18 and DC31; and the Horsham District Planning Framework Preferred Strategy were relevant in the determination of this application.

5 Development Control (North) Committee 4th February 2014

DCN/112 Planning Applications: DC/13/2183 and DC/13/2184 (Cont.)

Planning history relevant to the development of a continuing care retirement community included:

DC/08/0316 Demolition of existing buildings, Refused construction of 148 retirement units, eight Granted on affordable housing units, one warden’s flat, Appeal 52 bed care home, visitor accommodation, central facilities building, shop, medical centre, provision of formal ‘open space’, balancing pond, associated landscaping and access works. S106/1728 A Unilateral Undertaking completed by the applicant in respect of the appeal relating to: the provision of permitted footpaths and open space, public art, together with village shops, surgery/medical centre, library, each of which will be made to fit the residents of Faygate as well as residents of the development; the provision of a community bus service to serve the development and the wider community of Faygate and provides a total of £128,000 towards the off- site highway, footpaths, cycle and public transport infrastructure improvements; the provision of eight affordable housing units on the site and the payment of a contribution of £3.26M towards the provision of affordable housing off-site DC/10/0088 Reserved matters relating to DC/08/0316 Granted DC/11/1229 Non-material amendment to outline Granted permission DC/08/0316 consisting of revised access design pursuant to Condition 07

6 Development Control (North) Committee 4th February 2014

DCN/112 Planning Applications: DC/13/2183 and DC/13/2184 (Cont.)

DC/12/0178 Erection of six retirement dwellings and a Granted triple bay garage S106/1918 Unilateral Undertaking completed by the applicant in relation to DC/12/0178 to integrate the development as part of the retirement village only; that the further 6 units are occupied as extra care units only; to deliver all the other elements of the package of measures set out in the original obligation (provision of open space and permitted footpaths, highways and transport works, community facilities and on site public art, landscape and bio-diversity management plans and financial contributions for off-site affordable housing [£3.96M]); and that the commencement/ development/occupation of the 6 units count towards the trigger points of the obligations established in the existing planning obligation DC/13/1062 Non-material amendment to DC/10/0088 to Pending redesign part of the ground floor of the consideration central facilities building to accommodate medical centre which will be relocated from previously approved location, addition of 3 car parking spaces and various external alterations

The responses from statutory internal and external consultees, as contained within the report, were considered by the Committee. The Parish Council had raised no objection to the applications and commented on the control of ownership of the flats and use of contributions.

Whilst the development was in a countryside location and contrary to the Development Plan, the significant need for housing for the elderly in the District had been taken into consideration by the appeal Inspector and the principle of the development had been established with the granting of outline permission for the retirement village. The Highway Authority had raised no objection to access details.

Members considered the relocation of the Medical Centre and introduction of two flats. A Unilateral Undertaking to guarantee a price of the flats at 65% of the open market value and limiting them to local purchasers for a period of time was noted.

7 Development Control (North) Committee 4th February 2014

DCN/112 Planning Applications: DC/13/2183 and DC/13/2184 (Cont.)

Members discussed the impact of the proposals on the amenity of neighbouring occupiers and were concerned that the removal of the Medical Centre to a more central location would reduce its accessibility for Faygate residents. Members also discussed the impact of relocating the Medical Centre on the layout of the Central Facilities building, and questioned whether the Medical Centre would retain the same dimensions and layout.

After discussion of the proposals and their impact on the wider development, and on the residents of Faygate, it was agreed that Members were unable to determine the applications without taking into consideration the design of the relocated Medical Centre, and any resulting changes to the amenity size of the Central Facilities building.

Members therefore agreed that the proposal should be deferred.

RESOLVED

That planning applications DC/13/2183 and DC/13/2184 be deferred until the next meeting of the Committee to enable more information to be provided regarding the size of the Medical Centre and the impact of the facilities in the Central Facilities building.

DCN/113 PLANNING APPLICATION: DC/13/2029 – ERECTION OF A 3 BEDROOM DETACHED DWELLING AND GARAGE AND WIDENING OF ACCESS ON PARK STREET (OUTLINE) SITE: THE COTTAGE, PARK STREET, SLINFOLD APPLICANT: MR AND MRS NORDGREEN (Councillor Tricia Youtan declared a personal interest in this application as she knew the applicant.)

The Head of Planning & Environmental Services reported that this application sought outline permission for the erection of a detached 3- bedroom cottage style dwelling within the side garden of the property known as The Cottage.

Matters for consideration were the principle of the development and access, with all other matters reserved for future determination. The applicant had indicated that the dwelling would be two storeys and measure 10 metres by eight metres and 6.5 metres high. There would also be a detached garage.

The application site was located within the built up area of Slinfold on the north side of Park Street between South View Cottages and The Cottage. The junction of Park Street and the A29 (Stane Street) was approximately 90 metres to the east of the site.

8 Development Control (North) Committee 4th February 2014

DCN/113 Planning Application: DC/13/2029 (Cont.)

Park Street was characterised by late 19th century and early 20th century residential development of detached and semi-detached design. Open countryside lay to the north.

The National Planning Policy Framework 2012; Local Development Framework Core Strategy Policies CP1, CP2, CP3, CP5, CP12, CP13 and CP19; Local Development Framework General Development Control Policies DC2, DC6, DC8, DC9, DC18 and DC40; the Horsham District Planning Framework Preferred Strategy; and Slinfold Parish Design Statement were relevant in the determination of this application.

Relevant recent planning history included:

DC/09/1159 Replacement 2-storey side extension, link Granted and double garage with 1st floor accommodation SF/24/99 Erection of one dwelling (outline) Refused Appeal Dismissed

The responses from statutory internal and external consultees, as contained within the report, were considered by the Committee. The Parish Council objected to the application. Seven letters of support and four letters of objection had been received. Both applicants and the applicants’ agent addressed the Committee in support of the proposal.

A representative of the Parish Council spoke in objection to the application. The site had been in a countryside location prior to 2007 when the boundary had changed and it had become part of the built up area of Slinfold. The Parish Council representative questioned the reason for this boundary change and stated that they had not been consulted or advised when the boundary had been changed.

Members considered the principle of the proposal and its impact on the character and amenities of the area. The site was within the built up area and as such the development of the site was in accordance with the presumption in favour of sustainable development.

Concerns regarding the impact of the proposed new access on the streetscene were noted. The hedge would be replanted once the new access and sight lines were introduced.

Members noted the proposal’s indicative scale and discussed the impact of a building of this scale and design on the streetscene and amenity of neighbouring properties. Members concluded that the site was of sufficient size to accommodate a single detached dwelling without having a material

9 Development Control (North) Committee 4th February 2014

DCN/113 Planning Application: DC/13/2029 (Cont.)

adverse impact on the wider locality. Concerns regarding design, scale and landscaping would be considered as part of any reserved matters application.

Members noted the Parish Council’s concerns regarding the boundary change and requested an investigation into the decision to extend the built up area boundary to include the site. Officers agreed that an investigation would be arranged and a response sent to the Parish Council and Local Members.

RESOLVED

That application DC/13/2029 be determined by the Head of Planning & Environmental Services, in consultation with the Local Members, to allow for the framing of additional conditions relating to levels, visibility splays, access, recycling facilities, Code Level 3 construction and hours of working. The preliminary view of the Committee was that the application should be granted.

DCN/114 PLANNING APPLICATION: DC/13/1829 – ERECTION OF A DETACHED THREE BEDROOM HOUSE SITE: 53 GUILDFORD ROAD, HORSHAM APPLICANT: BIDDY O’CONNOR (Councillor David Sheldon declared a personal interest in this application as he knew one of the public speakers who addressed the Committee on this item.)

The Head of Planning & Environmental Services reported that this application sought permission for the erection of a detached 3-bedroom two storey dwelling within the rear garden of 53 Guildford Road. The dwelling would have a maximum width of 17.5 metres and a depth of up to nine metres. Access to the dwelling would be via the existing access off Hills Cemetary Lane.

The application site was within the built up area of Horsham on the corner of Guildford Road and Hills Farm Lane. There was a row of mature trees along the border with Hills Cemetery Lane, which included a lime tree protected by a TRO. The surrounding area was characterised by detached dwellings on long narrow plots.

The National Planning Policy Framework 2012; Local Development Framework Core Strategy Policies CP1, CP3, CP5, CP12, CP13 and CP14; Local Development Framework General Development Control Policies DC2, DC6, DC9 and DC40; and the emerging Horsham District Planning Framework Preferred Strategy were relevant to the determination of this application.

10 Development Control (North) Committee 4th February 2014

DCN/114 Planning Application: DC/13/1829 (Cont.)

Relevant planning history included:

DC/06/0378 Erection of 1 dwelling Refused HU/246/03 Erection of 1 house (outline) Refused Appeal Allowed HU/388/02 Erection of 1 house (outline) Refused HU/287/97 New vehicular access Granted

Planning permission HU/246/03 expired in 2008.

The responses from statutory internal and external consultees, as contained within the report, were considered by the Committee. Eight letters of objection had been received. Two members of the public spoke in objection to the application and the applicant addressed the Committee in support of the proposal.

There had been a material change in the planning framework since permission had been granted on appeal in 2008 regarding the development of gardens, which were no longer defined as brownfield sites. The site was in a sustainable location within convenient walking and cycling distance of local amenities and Members considered that the principle of development in the context of national and local policies was acceptable.

Members noted that officers had identified matters of concern within the original application and had negotiated with the applicant who had made amendments to address those concerns to ensure good design and the safeguarding of trees.

Members discussed the design and location of the proposed dwelling within the site in the context of its impact on the character of the area and on the amenity of neighbouring residents.

The proposed access was from the driveway off Hills Cemetery Lane and would lead to off-street parking for two vehicles. Concerns regarding parking and its potential impact on visitors to Hills Cemetery were noted. Members noted that the Highway Authority considered the access to be acceptable in terms of highway safety.

The Parish Council’s consultation response to the application was reported at the meeting. This information had been omitted from the report and Members had therefore been unable to take the Parish Council’s comments into account prior to the determination of the proposal.

It was therefore agreed that the application should be deferred to give Members the opportunity to consider the comments from the Parish Council.

11 Development Control (North) Committee 4th February 2014

DCN/114 Planning Application: DC/13/1829 (Cont.)

RESOLVED

That application DC/13/1829 be deferred until the next meeting of the Committee to give Members the opportunity to consider the Parish Council’s consultation response.

DCN/115 PLANNING APPLICATION: DC/13/1794 – ERECTION OF 6 NO. 2- STOREY, 3-BEDROOM HOUSES WITH ASSOCIATED GARDENS, REFUSE, RECYCLING AND CYCLING STORES, TOGETHER WITH THE RETENTION OF THE EXISTING VACANT COTTAGE AND DEMOLITION OF THE EXISTING DERELICT COTTAGE AT 112 BRIGHTON ROAD SITE: 112 BRIGHTON ROAD, HORSHAM APPLICANT: MR LUKE CARTER

The Head of Planning & Environmental Services reported that this application sought permission for the erection of six 3-bedroom semi- detached houses with associated gardens. There was a vacant cottage on the site that would be retained, and a derelict cottage that would be demolished.

The access from Brighton Road would be retained and widened and there would be ten car parking spaces, including 1 disabled space, and an additional two parking spaces for the existing cottage. Covered storage for 12 cycles would also be provided.

The application site was located within the built up area of Horsham to the west of Brighton Road. It was served by an access approximately 35 metres long which ran adjacent to 110 Brighton Road and close to the junction of Brighton Road and Athelstan Way. The site was between the rear gardens of 106-110 Brighton Road to the south east, 10 Athelstan Way to the north east, and 2 - 8 Weald Close to the north west.

The National Planning Policy Framework 2012; Local Development Framework Core Strategy Policies CP1, CP3, CP5, CP12, CP13 and CP19; Local Development Framework General Development Control Policies DC2, DC6, DC8, DC9, DC18 and DC40; and the emerging Horsham District Planning Framework Preferred Strategy were relevant to the determination of this application.

12 Development Control (North) Committee 4th February 2014

DCN/115 Planning Application: DC/13/1794 (Cont.)

Relevant planning history included:

DC/12/1200 Erection of six 2-storey, 3-bedroom houses Refused with associated gardens, refuse, recycling Appeal and cycling stores, together with the Dismissed retention of the existing vacant cottage and demolition of the existing derelict cottage at 112 Brighton Road

The responses from statutory internal and external consultees, as contained within the report, were considered by the Committee. Horsham Society had objected to the application and eleven letters of objection had been received. One member of the public spoke in objection to the application.

It was considered that the principal issues in the determination of the application were: whether the proposal was acceptable in principle; highway safety; and the effect of the development upon the character of the area and on the amenities of neighbouring occupiers.

It was noted that the application was identical to DC/12/1200 which had been dismissed on appeal due to the lack of a completed legal agreement in respect of infrastructure contributions.

Members discussed the volume of traffic on Brighton Road and concerns regarding safety and capacity of the local network. It was noted that the inspector at the appeal of DC/12/1200 had raised no objection to the proposed access arrangements and that the Highway Authority had raised no objections.

The Neighbourhood Council’s consultation response to the application was reported at the meeting. This information had been omitted from the report and Members had therefore been unable to take the Neighbourhood Council’s comments into account prior to the determination of the proposal.

It was therefore agreed that the application should be deferred to give Members the opportunity to consider the comments from the Neighbourhood Council.

Members requested that, during the deferral of the item, the potential for amending the proposed access arrangements be investigated, and that additional information be provided regarding the allocation of funds secured in respect of the legal agreement. Conditions in addition to those proposed within the report would be added to include materials, hours of working, levels and sustainable construction.

13 Development Control (North) Committee 4th February 2014

DCN/115 Planning Application: DC/13/1794 (Cont.)

RESOLVED

That application DC/13/1794 be deferred until the next meeting of the Committee to give Members the opportunity to consider the Neighbourhood Council’s consultation response.

The meeting closed at 8.58pm having commenced at 5.30pm.

CHAIRMAN

14 DC/13/1890 Land North of 23 and 28 Ringley Road

Scale : 1:2500

SLA Number 100018563