District Council

Planning Committee

Wednesday 13 May 2020

Report of the Director Of Planning and Environment Services

Schedule of Planning Appeals, Court and Policy Matters

Between 15-Apr 2020 and 27-Apr-2020

This report updates Planning Committee members on current appeals and other matters. It would be of assistance if specific questions on individual cases could be directed to officers in advance of the meeting.

Note for public viewing via Council web siteTo read each file in detail, including the full appeal decision when it is issued, click on the reference number (NB certain enforcement cases are not open for public inspection, but you will be able to see the key papers via the automatic link to the Planning Inspectorate).

* - Committee level decision. 1. NEW APPEALS (Lodged) Reference/Procedure Proposal

17/00356/CONMHC Plot 12 Land North West Of Premier Business Park Birdham Parish Road Appledram West – Appeal against Enforcement Notice BI/35

Case Officer: Shona Archer Hearing

17/00361/CONMHC Plot 13 Land North West Of Premier Business Park Birdham Birdham Parish Road Appledram – Appeal against Enforcement Notice BI/36

Case Officer: Shona Archer Hearing

17/00362/CONMHC Plot 14 Land North West Of Premier Business Park Birdham Birdham Parish Road Appledram West Sussex – Appeal against Enforcement Notice BI/42

Case Officer: Shona Archer Hearing

2. DECISIONS MADE

Reference/Procedure Proposal

19/02328/DOM 9 Newlands Lane Chichester PO19 3AT - Proposed loft Chichester Parish conversion with rear dormer. Case Officer: Rebecca Perris

Householder Appeal Appeal Decision - DISMISSED “… This proposal would be the kind of large flat roofed dormer, dominating the roof of the existing house, that is illustrated in the Council’s Guidelines as rarely being acceptable. … The appeal property has been extended and this proposal would be correspondingly wider, and thus significantly larger than the nearby example. … As such, I do not consider there to be a compelling precedent to lend any degree of support for further such larger dormers of the kin resisted in the Guideline. … The evidence shows the rear roof slope to No 9 to be clearly visible from Barlow Road, near to its junction with Newlands Road. From here the large box-like dormer, regardless of its external finish, would appear as a prominent and discordant feature in the otherwise unaltered roofscape. The use of a contrastingly coloured cement board finish would clash with the prevailing materials and further accentuate the excessive size and incongruous appearance of the proposal. Due to its large scale, box-like shape, contrasting materials and prominent position, the proposal would have a significantly harmful effect on the character and appearance of the host dwelling and surround residential area. …”

3. CURRENT APPEALS Reference/Procedure Proposal

18/00393/CONHH Ferndale 133 Birdham Road Appledram Appledram Parish Sussex PO20 7DY - Appeal against Enforcement Notice AP/5 Case Officer: Emma Kierans

Written Representation

18/02204/ELD Kellys Farm Bell Lane Birdham PO20 7HY - Erection of a Birdham Parish building and use as a dwellinghouse Case Officer: Shona Archer

Written Representation

Reference/Procedure Proposal

19/00046/CONCOU Kellys Farm Bell Lane Birdham Chichester West Sussex Birdham Parish PO20 7HY - Appeal against BI/46 Case Officer: Steven Pattie

Written Representation

19/00845/FUL Common Piece Main Road Birdham West Sussex - Use of Birdham Parish land for the stationing of a static caravan. Case Officer: Daniel Power

Written Representation

19/01352/DOM The Old Town Hall Lane Bosham PO18 8HY - Bosham Parish Construction of an outdoor swimming pool.

Case Officer: Oliver Naish

Householder Appeal

19/01721/FUL Land South East Of Church Farm Old Park Lane Bosham Bosham Parish West Sussex - Change of use of land for the stationing of 3 no. shepherd huts to be used as tourist accommodation. Case Officer: Maria Tomlinson Written Representation

19/02328/DOM 9 Newlands Lane Chichester PO19 3AT - Proposed loft Chichester Parish conversion with rear dormer. Case Officer: Rebecca Perris

Householder Appeal

19/00765/FUL Plot C Pond Farm Newells Lane West Ashling Chichester Chidham & Hambrook Parish West Sussex PO18 8DF - To use land as a Travellers caravan site consisting of 1 no. mobile home and 1 no. Case Officer: Daniel Power touring caravan with associated development.

Informal Hearing

Reference/Procedure Proposal

17/00371/CONCOM Donnington Manor Farm Road Donnington Donnington Parish Chichester West Sussex PO20 7PL - Appeal against D/9

Case Officer: Tara Lang

Written Representation

19/00350/LBC Hardings Farm Selsey Road Donnington Chichester West Donnington Parish Sussex PO20 7PU - Replacement of 8 no. windows to North, East and South Elevations (like for like). Case Officer: Maria Tomlinson Written Representation

16/00320/CONCOU Witsend Nursery Third Avenue Batchmere Chichester West Parish Sussex PO20 7LB - Appeal against E/32 Case Officer: Steven Pattie

Written Representation

19/02407/PA3Q Land South Of 102A First Avenue Almodington Batchmere Earnley Parish Chichester West Sussex PO20 7LQ - Notification for Prior Approval for a proposed change of use of agricultural Case Officer: Maria buildings to 4no. dwellinghouses (Class C3). Tomlinson Written Representation

17/00310/CONCOU Cutmill Depot Newells Lane West Ashling Chichester West Parish Sussex PO18 8DE - Appeal against FU/67 Case Officer: Tara Lang

Informal Hearing

18/00323/CONHI West Stoke Farm House Downs Road West Stoke Funtington Parish Funtington Chichester West Sussex PO18 9BQ - Appeal against HH/22 Case Officer: Sue Payne

Written Representation

Reference/Procedure Proposal

18/00675/FUL Cutmill Depot Newells Lane West Ashling Chichester West Funtington Parish Sussex PO18 8DE - Retrospective change use of land to include the retention/stationing of a mobile home on the Case Officer: Caitlin Boddy eastern part of the site.

Informal Hearing

18/00676/FUL Cutmill Depot Newells Lane West Ashling Chichester West Funtington Parish Sussex PO18 8DE - Retrospective erection of boundary wall in excess of 1m in height adjacent to highway. Case Officer: Caitlin Boddy

Informal Hearing

19/01240/FUL Land South West Of Guidford Road West Loxwood Parish Sussex - Demolition of existing dwelling and the erection of 50 dwellings to include 35 private units and 15 affordable units, creation of proposed vehicular access, internal roads Case Officer: Jeremy Bushell and footpaths, car parking, sustainable drainage system, open space with associated landscaping and amenity space. Public Inquiry

19/01400/FUL Moores Cottage Loxwood Road Alfold Bars Loxwood Loxwood Parish West Sussex RH14 0QS - Erection of a detached dwelling following demolition of free-standing Case Officer: William Price garage.

Written Representation

16/00325/CONCOM 6 Oakdene Gardens North Chichester West Parish Sussex PO20 1AQ - Appeal against NM/28

Case Officer: Shona Archer

Written Representation

18/00187/CONMHC Fisher Granary Fisher Lane Mundham Parish West Sussex PO20 1ND - Appeal against NM/29

Case Officer: Tara Lang

Written Representation

Reference/Procedure Proposal

19/00405/FUL Fisher Granary Fisher Lane South Mundham PO20 1ND - North Mundham Parish Use of land for the stationing of a caravan for use as a holiday let. Case Officer: Caitlin Boddy

Written Representation

19/01838/DOM Birches 1 The Hermitage North Mundham PO20 1LE - North Mundham Parish Retrospective removal of a hedge (2.4m high and 1.8m deep) and erection of a 1.8m wooden fence. Case Officer: William Price

Householder Appeal

19/00141/CONHH Oakham Farmhouse Church Lane Oving Chichester West Oving Parish Sussex PO20 2BT - Appeal against a fence in excess of 1 metre in height erected adjacent to the highway, subject to Enforcement Notice O/30. Case Officer: Emma Kierans

Written Representation

17/00104/CONBC Burgau Barn Plaistow Road Loxwood Billingshurst Plaistow And Ifold Parish West Sussex RH14 0TZ - Appeal against Enforcement Notice PS/68 and planning permission refusal for Case Officer: Sue Payne 18/01685/FUL.

Written Representation

18/01685/FUL Burgau Barn Plaistow Road Ifold Loxwood RH14 0TZ - Plaistow And Ifold Parish Retrospective single storey side extension.

Case Officer: Daniel Power

Written Representation

19/02449/DOM The Coach House Oak Lane Shillinglee Plaistow GU8 Plaistow And Ifold Parish 4SQ - Remove 2 no. single garage doors, install 1 no. double door, decrease the opening and increase bricks Case Officer: Vicki Baker flanks to each side of the door.

Written Representation

Reference/Procedure Proposal

19/00088/CONHH Red Barn Selsey Road Chichester West Sussex Sidlesham Parish PO20 7NE - Without planning permission the erection of a building in a ancient woodland subject to Enforcement Case Officer: Sue Payne Notice SI/73

Written Representation

19/01103/LBC Highleigh Farmhouse Highleigh Road Sidlesham PO20 Sidlesham Parish 7NR - Installation of replacement windows to match existing.

Case Officer: Maria Tomlinson Written Representation

19/01425/DOM 36 Manhood Lane Sidlesham Chichester West Sussex Sidlesham Parish PO20 7LT - Retrospective application for single storey rear extension. Case Officer: Oliver Naish

Householder Appeal

18/00389/CONCOU 1 Green Acre Inlands Road Nutbourne Chichester West Parish Sussex PO18 8RJ - Appeal against SB/117 Case Officer: Steven Pattie

Written Representation

18/00100/CONCOU Northshore Yacht Limited The Street Itchenor Chichester Parish West Sussex PO20 7AY - Appeal against WI/16 Case Officer: Steven Pattie

Written Representation

* 18/02708/DOM Dolphins Rookwood Lane Chichester West West Wittering Parish Sussex PO20 8QH - Proposed steps down through garden to a 1.5 metre long tunnel beneath public footpath rising Case Officer: Daniel Power through to another set of steps to the foreshore garden.

Written Representation

Reference/Procedure Proposal

* 19/01622/FUL Surbitonia 45 Howard Avenue West Wittering PO20 8EX - West Wittering Parish Demolition of an existing bungalow with a garage and erection of 2 no. replacement two storey dwellings with Case Officer: Daniel Power separate access and parking.

Written Representation

19/02302/DOM Chislehurst 53 Marine Drive West Wittering PO20 8HQ - West Wittering Parish Rear extension, loft conversion and new staircase enclosure pod. Case Officer: William Price

Householder Appeal

13/00163/CONWST The Old Army Camp Cemetery Lane Woodmancote Westbourne Parish Westbourne West Sussex - Appeal against WE/40, WE/41, WE/42 and WE/43 Case Officer: Shona Archer

4 Linked appeals Public Inquiry 19/02126/FUL Goose Cottage Durbans Road RH14 Wisborough Green Parish 0DG - Change of use of 1 no. existing timber clad store room into 1 no. new dwelling. Removal of temporary tent Case Officer: Daniel Power garage and replacement with 1 no. timber clad garage.

Written Representation

4. VARIATIONS TO SECTION 106 AGREEMENTS None.

5. CALLED-IN APPLICATIONS Reference Proposal Stage

6. COURT AND OTHER MATTERS Injunctions Site Breach Stage Land North-West of Birdham Breach of First hearing at the High Court held on Farm, Birdham Road, Enforcement Notices. 13 March 2020. Temporary Injunction Chichester Injunction applied for. granted for part of the Injunction applied for. This is to give the Defendants time to seek legal advice and lodge evidence in defence (3 weeks given for this) to which the Council will have the chance to reply (within 2 weeks from receiving the defendant’s evidence).

Final hearing for the court to consider the above and the Council’s application for the rest of the Injunction, namely for all Defendants to leave the land and return it to its original agricultural use, to be fixed. Waiting for dates from the court (bearing in mind the coronavirus issue and the need to reduce movement of people). Unfortunately this is not a case which can easily be done remotely with some 27 defendants who cannot be expected to all have access to the remote hearings facilities.

High Court Hearings Site Matter Stage 23 Southgate, Chichester (The Challenge to issue of Consent Order has been signed Vestry) planning permission on behalf of the Council but the dated interested party, Sussex Inns Limited, 9th December 2019 have filed grounds for defence of the claim. Permission of the court to proceed with the claim has been granted and a hearing date is awaited.

7. POLICY MATTERS

None