Public Document Pack
JOHN WARD East Pallant House Director of Corporate Services 1 East Pallant Chichester Contact: Sharon Hurr on 01243 534614 West Sussex Email: [email protected] PO19 1TY Tel: 01243 785166 www.chichester.gov.uk
A meeting of Planning Committee will be held virtually on Wednesday 18 November 2020 at 9.30 am
MEMBERS: Mrs C Purnell (Chairman), Rev J H Bowden (Vice-Chairman), Mr G Barrett, Mr R Briscoe, Mrs J Fowler, Mrs D Johnson, Mr G McAra, Mr S Oakley, Mr H Potter, Mr D Rodgers, Mrs S Sharp, Mr A Sutton and Mr P Wilding
AGENDA
1 Chairman's Announcements Any apologies for absence which have been received will be noted at this stage.
The Planning Committee will be informed at this point in the meeting of any planning applications which have been deferred or withdrawn and so will not be discussed and determined at this meeting. 2 Urgent Items The chairman will announce any urgent items that due to special circumstances will be dealt with under agenda item 9b. 3 Declarations of Interests (Pages 1 - 2) Details of members’ personal interests arising from their membership of parish councils or West Sussex County Council or from their being Chichester District Council or West Sussex County Council appointees to outside organisations or members of outside bodies or from being employees of such organisations or bodies.
Such interests are hereby disclosed by each member in respect of agenda items in the schedule of planning applications where the Council or outside body concerned has been consulted in respect of that particular item or application.
Declarations of disclosable pecuniary interests, personal interests and prejudicial interests are to be made by members of the Planning Committee in respect of matters on the agenda or this meeting.
PLANNING APPLICATIONS - AGENDA ITEMS 4 TO 8 INCLUSIVE Section 5 of the Notes at the end of the agenda front sheets has a table showing how planning applications are referenced. 4 CH/19/02758/FUL - Hambrook Holiday Park, Broad Road, Hambrook, Chidham, Chichester, West Sussex. PO18 8RF (Pages 3 - 39) Refurbishment, extension and rationalisation of existing layout of Hambrook Holiday Park including demolition of existing clubhouse and storage buildings.
Construction of new access roads, laying out of redistributed existing/consented mobile home pitches, creation of green amenity spaces, landscaping together with parking and refuse storage. 5 CH/19/02880/FUL - Plot A Pond Farm, Newells Lane, West Ashling, Chichester, West Sussex, PO18 8DF (Pages 41 - 63) Proposed use of land as a travellers caravan site consisting of 2 no. pitches for 1 no. mobile homes, 1 no. touring caravan, boundary treatment and car parking. Retention of existing shed and stables. 6 CH/20/00638/FUL - Plot C2 Pond Farm, Newells Lane, West Ashling, Chichester, West Sussex, PO18 8DF (Pages 65 - 80) Use of land as a Gypsy and Travellers caravan site consisting of 1 no. pitch containing, 1 no. mobile home and 1 no. touring caravan. 7 CH/20/00642/FUL - Plot C2a and Cb Pond Farm, Newells Lane, West Ashling, Chichester, West Sussex, PO18 8DF (Pages 81 - 96) Use of land as a Gypsy and Travellers caravan site consisting of 2 no. pitch containing 1 no. mobile home and 1 no. touring caravan. 8 SB/20/00525/FUL - Prinsted Care Home, Prinsted Lane, Prinsted, Southbourne, PO10 8HR (Pages 97 - 124) Construction of 2 no. annexes. 9 Consideration of any late items as follows: The Planning Committee will consider any late items announced by the Chairman at the start of this meeting as follows:
a) Items added to the agenda papers and made available for public inspection b) Items which the chairman has agreed should be taken as matters of urgency by reason of special circumstances to be reported at the meeting 10 Exclusion of the Press and Public There are no restricted items for consideration.
NOTES
1. The press and public may be excluded from the meeting during any item of business whenever it is likely that there would be disclosure of exempt information as defined in section 100I of and Schedule 12A to the Local Government Act 1972
2. The press and public may view the agenda papers on Chichester District Council’s website at Chichester District Council - Minutes, agendas and reports unless these are exempt items.
3. This meeting will be audio recorded and the recording will be retained in accordance with the council’s information and data policies. If a member of the public makes a representation to the meeting they will be deemed to have consented to being audio recorded. By entering the committee room they are also consenting to being audio recorded. If members of the public have any queries regarding the audio recording of this meeting please liaise with the contact for this meeting detailed on the front of this agenda.
4. Subject to the provisions allowing the exclusion of the press and public, the photographing, filming or recording of this meeting from the public seating area is permitted. To assist with the management of the meeting, anyone wishing to do this is asked to inform the chairman of the meeting of his or her intentions before the meeting starts. The use of mobile devices for access to social media is permitted but these should be switched to silent for the duration of the meeting. Those undertaking such activities must do so discreetly and not disrupt the meeting, for example by oral commentary, excessive noise, distracting movement or flash photography. Filming of children, vulnerable adults or members of the audience who object should be avoided. [Standing Order 11.3 in the Constitution of Chichester District Council]
5. How applications are referenced:
a) First 2 Digits = Parish b) Next 2 Digits = Year c) Next 5 Digits = Application Number d) Final Letters = Application Type
Application Type Committee report changes appear in bold text. Application Status ADV Advert Application AGR Agricultural Application (following PNO) ALLOW Appeal Allowed CMA County Matter Application (eg Minerals) APP Appeal in Progress CAC Conservation Area Consent APPRET Invalid Application Returned COU Change of Use APPWDN Appeal Withdrawn CPO Consultation with County Planning (REG3) BCO Building Work Complete DEM Demolition Application BST Building Work Started DOM Domestic Application (Householder) CLOSED Case Closed ELD Existing Lawful Development CRTACT Court Action Agreed FUL Full Application CRTDEC Hearing Decision Made GVT Government Department Application CSS Called in by Secretary of State HSC Hazardous Substance Consent DEC Decided LBC Listed Building Consent DECDET Decline to determine OHL Overhead Electricity Line DEFCH Defer – Chairman OUT Outline Application DISMIS Appeal Dismissed PLD Proposed Lawful Development HOLD Application Clock Stopped PNO Prior Notification (Agr, Dem, Tel) INV Application Invalid on Receipt REG3 District Application – Reg 3 LEG Defer – Legal Agreement REG4 District Application – Reg 4 LIC Licence Issued REM Approval of Reserved Matters NFA No Further Action REN Renewal (of Temporary Permission) NODEC No Decision TCA Tree in Conservation Area NONDET Never to be determined TEL Telecommunication Application (After PNO) NOOBJ No Objection TPA Works to tree subject of a TPO NOTICE Notice Issued CONACC Accesses NOTPRO Not to Prepare a Tree Preservation Order CONADV Adverts OBJ Objection CONAGR Agricultural PCNENF PCN Served, Enforcement Pending CONBC Breach of Conditions PCO Pending Consideration CONCD Coastal PD Permitted Development CONCMA County matters PDE Pending Decision CONCOM Commercial/Industrial/Business PER Application Permitted CONDWE Unauthorised dwellings PLNREC DC Application Submitted CONENG Engineering operations PPNR Planning Permission Required S64 CONHDG Hedgerows PPNREQ Planning Permission Not Required CONHH Householders REC Application Received CONLB Listed Buildings REF Application Refused CONMHC Mobile homes / caravans REVOKE Permission Revoked CONREC Recreation / sports S32 Section 32 Notice CONSH Stables / horses SPLIT Split Decision CONT Trees STPSRV Stop Notice Served CONTEM Temporary uses – markets/shooting/motorbikes STPWTH Stop Notice Withdrawn CONTRV Travellers VAL Valid Application Received CONWST Wasteland WDN Application Withdrawn YESTPO Prepare a Tree Preservation Order
This page is intentionally left blank Agenda Item 3
Chichester District Council
Planning Committee
Wednesday 4 November 2020
Declarations of Interests
Details of members’ personal interests arising from their membership of parish councils or West Sussex County Council or from their being Chichester District Council or West Sussex County Council appointees to outside organisations or members of outside bodies or from being employees of such organisations or bodies are set out in the attached agenda report.
The interests therein are disclosed by each member in respect of planning applications or other items in the agenda which require a decision where the council or outside body concerned has been consulted in respect of that particular planning application or item.
Declarations of disclosable pecuniary interests, personal interests, prejudicial interests or predetermination or bias are to be made by members of the Planning Committee or other members who are present in respect of matters on the agenda or this meeting.
Personal Interests - Membership of Parish Councils
The following members of the Planning Committee declare a personal interest by way of their membership of the parish councils stated below in respect of the items on the schedule of planning applications where their respective parish councils have been consulted:
Mr H C Potter – Boxgrove Parish Council (BG)
Mrs S M Sharp – Chichester City Council (CC)
Rev J-H Bowden – Chichester City Council (CC)
Mr P J H Wilding – Lurgashall Parish Council (LG)
Mr G V McAra - Midhurst Town Council (MI)
Mr S J Oakley – Tangmere Parish Council (TG)
Mrs D F Johnson – Selsey Town Council (ST)
Mrs L C Purnell – Selsey Town Council (ST)
Mr R A Briscoe – Westbourne Parish Council (WB)
Page 1 Personal Interests - Membership of West Sussex County Council
The following members of the Planning Committee declare a personal interest by way of their membership of West Sussex County Council in respect of the items on the schedule of planning applications where that local authority has been consulted:
Mr S J Oakley - West Sussex County Council Member for the Chichester East Division
Mrs L C Purnell – West Sussex County Council Member for the Selsey Division
Personal Interests - Chichester District Council Representatives on Outside Organisations and Membership of Public Bodies
The following members of the Planning Committee declare a personal interest as Chichester District Council appointees to the outside organisations or as members of the public bodies below in respect of those items on the schedule of planning applications where such organisations or bodies have been consulted:
Mr G A F Barrett - Chichester Harbour Conservancy
Mr H Potter – South Downs National Park Authority
Personal Interests – Chichester City Council Representatives on Outside Organisations and Membership of Public Bodies
The following member of the Planning Committee declares a personal interest as a Chichester City Council appointee to the outside organisations stated below in respect of those items on the schedule of planning applications where that organisation has been consulted: NONE
Personal Interests – West Sussex County Council Representatives on Outside Organisations and Membership of Public Bodies
The following member of the Planning Committee declares a personal interest as a West Sussex County Council appointee to the outside organisation stated below in respect of those items on the schedule of planning applications where that organisation has been consulted: NONE
Personal Interests – Other Membership of Public Bodies
The following member of the Planning Committee declares a personal interest as a member of the outside organisation stated below in respect of those items on the schedule of planning applications where that organisation has been consulted:
Mrs L C Purnell – Manhood Peninsula Partnership (Chairman)
Page 2 Agenda Item 4
Parish: Ward: Chidham & Hambrook Harbour Villages
CH/19/02758/FUL
Proposal Refurbishment, extension and rationalisation of existing layout of Hambrook Holiday Park including demolition of existing clubhouse and storage buildings. Construction of new access roads, laying out of redistributed existing/consented mobile home pitches, creation of green amenity spaces, landscaping together with parking and refuse storage.
Site Hambrook Holiday Park Broad Road Hambrook Chidham Chichester West Sussex PO18 8RF Map Ref (E) 478785 (N) 106096
Applicant Mr Paul Calvesbert Agent Mr Matthew Pickup
RECOMMENDATION DEFER FOR CONSULTATION WITH NATURAL ENGLAND REGARDING THE APPROPRIATE ASSESSMENT AND, SUBJECT TO NO OBJECTION FROM NATURAL ENGLAND, PERMIT WITH S106
Note: Do not scale from map. For information only. Reproduced NOT TO from the Ordnance Survey Mapping with the permission of the SCALE controller of Her Majesty's Stationery Office, Crown Copyright. License No. 100018803
Page 3 1.0 Reason for committee Referral
Parish Objection - Officer recommends Permit
2.0 The Site and Surroundings
2.1 Hambrook Holiday Park is situated on the eastern side of Broad Road in Hambrook. The holiday park is approximately 0.8ha and comprises: o a dilapidated single storey club house (300sqm) located along the site's frontage with Broad Road which, having previously been damaged by fire, has been allowed to fall into a state of disrepair; o the holiday home park itself which can lawfully accommodate up to 79 caravans (currently comprising 52 static mobile homes for holiday accommodation, 1 warden's caravan and a former disused 26 pitch touring caravan field). The 26 pitch touring caravan field has an extant planning permission for 26 static pitches ref: 16/01862/FUL, and o an area of overgrown land to the north measuring approximately 0.56ha that formerly was used as a horticultural nursery.
2.2 The application site excludes an area of land in the middle of the holiday home park that comprises 12 pitches outside the applicant's ownership, as well as 10 pitches within the applicant's ownership (Note the 10 pitches in the applicant’s ownership are shown on existing plans, albeit there are less caravans on the site at present).
2.3 The holiday park has suffered from a prolonged lack of investment and as a consequence has a relatively run down feel.
2.4 The site is located in the countryside, outside but adjacent to the settlement boundary of Nutbourne East.
2.5 Hambrook Holiday Park is within 0.3km to the only local shop (post office) and is 0.2km from the train station. Access to the site is via Broad Road via the A259 to the south or Emsworth Common Road to the north. Broad Road is characterised by residential ribbon development which until recently had predominantly been located on the eastern side of the road. However, recent developments have extended residential development along the western frontage. To the east of the site there are open fields.
3.0 The Proposal
3.1 The proposal comprises: o reconfiguration of the existing holiday caravan park, including provision of landscaped recreational open space at the front of the site following the removal of the existing car park and former clubhouse building o change of use of the land to the east, from touring caravans to static caravans. This land already benefits from extant planning permission 16/01862/FUL for change of use to static caravans, which has not been fully implemented (albeit works have started on site). The proposal is for a different reconfiguration of the land to that granted under 16/01862/FUL. o change of use of the land to the north, from plant nursery to static caravans.
Page 4 3.2 There would be no increase in pitch numbers across the holiday park. As set out in the previous section the holiday home park can lawfully accommodate up to 79 caravans under planning applications 03/00350/FUL and 16/01862/FUL. The application seeks to provide 61 pitches within the application site area. In addition, outside the application site (within the area of blue land towards the centre the centre of the holiday park) there are 12 freeholder pitches (under separate ownerships) and 6 pitches under the ownership of the applicant that would be also be retained but do not form part of this application.
Specifically the layout plan shows: o 61 pitches (including 1 warden’s pitch), with each pitch including a base for a caravan, a vehicle car parking space and an amenity space. o Demolition of existing site office / store building located adjacent to the site's northern boundary. o Provision of landscaped recreational open space at the front of the site. o 3 further smaller areas of recreational space scattered across the site. o Realignment of the internal site access roads with 15 visitor parking spaces scattered across the site and 12 parking spaces to the front of the site to be allocated to the existing freeholders. o Refuse and recyclables collection point at the front of the site.
3.3 The applicant has submitted a phasing plan. This shows that the front of the site would be redeveloped first, with the demolition of the clubhouse and creation of the recreational area and the creation of 11 pitches including the warden's pitch. Following this the main access road through the site would be constructed and pitches would be constructed at the far south-eastern corner of the site. The development would then be phased, moving counter clockwise. In total there would be 6 phases.
4.0 History
There is an extensive planning history for the site, the most relevant applications are listed below:
79/00011/CH PER Change of use - site for touring caravans.
03/00350/FUL PER Use of permitted holiday caravans throughout year, subject to their occupation being limited to holiday use only.
04/03413/FUL REF Use of touring caravan site for the stationing of static holiday homes.
05/02864/COU REF Change of use of touring caravans to 14 static caravans for holiday use only and open space/play area and variation of Condition No.2 of CH/03/00350/FUL to allow 14 mobile homes to be left for residential purposes.
07/03770/COU REF Change of use of small part of eastern field for caravan storage.
Page 5
08/00698/FUL APPRET Variation of condition of CH/03/350 to allow 14 no. mobile homes to be let for residential purposes.
08/01983/COU APPRET Temporary use (2 years) of 14 mobile holiday homes for residential use.
08/04516/FUL REF Temporary use of 14 no. mobile holiday homes for residential use for two years. Dismissed at appeal.
09/04215/FUL PER Replacement Utility Building (Re-submission of 08/00820/FUL)
10/03029/COU REF Demolition of clubhouse: and stationing of 9 mobile caravans for holiday accommodation.
10/05136/FUL REF Demolition of clubhouse and the stationing of eight additional mobile homes for holiday accommodation including erection of fence and landscaping along road frontage (Re- submission).
16/01862/FUL PER106 Change of use of disused former touring caravan field to accommodate 26 no. static holiday homes.
20/00452/DOC PER Discharge of conditions 4 (foul water drainage) and 7 (surface water drainage) of Planning Permission reference 16/01862/FUL.
20/00526/DOC PER Discharge of condition 6 of permission CH/16/01862/FUL.
20/00596/DOC PER Discharge of Condition 5 of CH/16/01862/FUL.
5.0 Constraints
Listed Building NO Conservation Area NO Rural Area YES AONB NO Tree Preservation Order YES EA Flood Zone Flood Zone 1 - Flood Zone 2 NO - Flood Zone 3 NO Historic Parks and Gardens NO
Page 6 6.0 Representations and Consultations
6.1 Chidham and Hambrook Parish Council
Comments received 17/07/20
The Council objects to this planning application on the following grounds: 1. An increase in mobile homes sited would constitute an over-development of the site and result in an impact on recreational disturbance and water quality. 2. The issues identified by Natural England in regard to sewage and deterioration of the water to be addressed. 3. The licence to be retained as a holiday park conflicts with current permanent residential usage.
Comments received 20/12/19
The Planning Committee met on 19 December 2019 and had no objection to this planning application but would comment that lighting conditions should be reasonable and low level.
6.2 Natural England
Comments received 23/12/19
As submitted, the application could have potential significant effects on Chichester and Langstone Harbours Special Protection Area (SPA), Solent Maritime Special Area of Conservation (SAC) and Chichester Harbour Site of Special Scientific Interest (SSSI).
Pathways for impact are water quality impacts from discharge of treated sewage effluent and recreational disturbance. Natural England advises that these impacts and the mitigation measures to address them, should be considered through an Appropriate Assessment. This should be carried out by your authority as the competent authority under the Habitats Regulations. Natural England is a statutory consultee in this process.
Natural England advises that it is for your authority to determine whether the current proposal represents a net increase in mobile homes, which have not already been subject to mitigation measures. The impacts of any net increase over and above the existing number of lawful caravans on the site should be assessed via Appropriate Assessment in terms of recreational disturbance and water quality impacts.
6.3 Highways England
No objection - on the basis that the development will not materially affect the safety, reliability and/or operation of the strategic road network (the tests set out in DfT Circular 02/2013, particularly paragraphs 9 & 10, and DCLG NPPF particularly paragraph 109) in this location and its vicinity.
Page 7 6.4 Southern Water
Our initial investigations indicate that Southern Water can provide foul sewage disposal to service the proposed development. Southern Water requires a formal application for a connection to the public sewer to be made by the applicant or developer.
Standing Advice.
6.5 WSCC Lead Local Flood Authority
Current surface water flood risk based on 30year and 100year events: Low Risk Modelled groundwater flood hazard classification: High Risk Ordinary Watercourses nearby? Yes - Current Ordnance Survey mapping shows an ordinary watercourses running adjacent to the site. Records of any historic flooding within the site? No
6.6 WSCC Highways - summarised by officer
Comments received 20/10/2020
No objection to the refuse tracking plans, unable to identify any issue which would cause problems to the vehicles involved or other road users.
Comments received 14/10/2020
The proposed arrangements for pedestrians are adequate for a site of this nature.
The 3.7 metre internal road width is acceptable. I understand that this conforms with building regulations, although it is rather narrow for current private cars to pass one another.
Comments received 30/07/20
Revised site drawings and vehicle tracking drawings have now been received. While the authority does not object to the application, there are one or two issues which require review and possibly further action on the part of the applicant.
One would expect space near the entrance to be allocated to visitors and those booking in or out of the site. However, the highway authority does not wish to stray into the minutiae of site management and we expect that the site manager is capable of controlling the flow of visitors.
The provision of twelve freeholder spaces has, however, resulted in a reduction of visitor spaces from 26 to 15. We consider that on a busy seasonal site, more visitor spaces may be required, although this may not be possible within the operational constraints of the site. It is understood that no spaces are currently available on the freeholders' site, and we assume that the 12 parking spaces are required in the interests of the efficient functioning of the whole application/non-application area.
Page 8 Some further rationalisation of parking and amenity space allocations round the site entrance and site office might yield a more user-friendly layout, making it clear to users who may park where and allowing free flow of traffic into and out of the site under peak conditions.
More up-front information on the numbers and location of bicycle and motorcycle parking spaces would be welcomed.
There is always a balance to be struck on cul-de-sac sites between turning space and the likelihood of that space being used for parking. We consider that the site operator is capable of controlling the use of turning space which we also consider essential in a constricted site, so that vehicles are not reversing into or out of any part of the site.
The three-metre access road width is probably the absolute minimum that a caravan site can put in place to be consistent with site licensing requirements. This leaves room for only one vehicle in one direction at a time. If there is any way that the applicant can provide, as a minimum, passing places on each link, this would be welcomed, although how parking in those spaces could be controlled is difficult to evaluate. The highway authority would find it difficult to resist the proposed development on a holiday site solely and specifically with regard to road widths.
We strongly advise the council to consult separately West Sussex Fire & Rescue Service.
The highway authority continues to accept the principle of the development, but would welcome a little further information on the issues outlined above.
Recommended planning conditions were included in a previous response.
Comments received 28/01/2020
Having examined the documents provided with the application, the highway authority has no objection to the proposal. However, it is not clear from the layout whether cars will be able to turn adequately within the development (even with the evidence of the vehicle tracking diagrams). Therefore we recommend a condition to ensure that parking and turning can be achieved, so that cars may enter and leave all parts of the site nose-first. Conditions are also recommended to ensure provision of a bound road surface at the entrance, that site drainage is not to the highway and the provision of a construction management plan.
The applicant proposes to use the existing crossover access to the north of the site.
Visibility of 2.4m X 58m to the north and 2.4m X 54.9m to the south is achievable on Broad Road, consistent with measured vehicle speeds. A fully adhering bound surface must be provided within the site adjacent to the site entrance to a distance of at least 20m. No road traffic collisions associated with the current accesses have been identified. A road safety audit is not required.
Page 9 The proposed provision of 79 parking spaces for site occupiers and 26 spaces for visitors/overspill appears consistent with the use. Spaces for mobility-impaired users must be provided. Covered and secure bicycle parking will also be required. We note that four full-time and three part-time employees will attend the site. Suitable parking facilities should be provided for staff.
Sufficient and adequate access is proposed for servicing and emergency vehicles. There is a commitment within the transport statement to provide and update a travel leaflet with details of local alternatives to the car. The site is in an accessible location with regard to bus and train services.
6.7 WSCC Fire and Rescue - summarised by officer
Conditions recommended to secure a fire hydrant or stored water supply.
6.8 CDC Environmental Protection
Bins and bin stores are typically relatively close to dwellings, and this particular one is close to the neighbouring dwelling, Havenwood. The bin store area appears to be the main repository for household and recycling waste for the whole site which comprises 50+ units and therefore a significant quantity of waste is likely to be placed in the area. Given the much further distance from the holiday units, and the lack of ownership over waste management that a holidaymaker tends to have, this bin store will require proper management by the site operators in order to prevent issues arising from pests such as flies, maggots, and rats. A position further from residential accommodation would be preferable. However suitable management of the bin store including regular cleaning, ensuring bins are kept closed, drainage, and pest control should prevent nuisance issues arising.
6.9 CDC Environmental Strategy Officer
The lighting scheme for the site will need to take into consideration the presence of bats in the local area and the scheme should minimise potential impacts to any bats using the trees, hedgerows and buildings by avoiding unnecessary artificial light spill through the use of directional light sources and shielding.
We require that a bat box is installed on the trees onsite facing south/south westerly positioned 3-5m above ground.
As detailed within the Preliminary Ecological Appraisal (Aug 2019) precautions should be put in place for hedgehogs and the site will need to be searched carefully before works begin. If any small mammals including hedgehogs are found they should be relocated away from the construction area into surrounding suitable habitats.
Any works to the trees or vegetation clearance on the site should only be undertaken outside of the bird breeding season which takes place between 1st March - 1st October. If works are required within this time an ecologist will need to check the site before any works take place (with 24 hours of any work). We would like a bird box to be installed a tree within the grounds of the site.
Page 10 We require a number of enhancements are incorporated within the scheme and shown with the landscaping strategy. These include; o two hedgehog nesting boxes included on the site o Gaps are included at the bottom of the fences to allow movement of small mammals across the site o Bird and bat boxes are installed onsite as detailed above. o Native species planting used in landscaping o Wildlife flower meadow mixed used in grassland areas.
6.10 CDC Drainage Engineer
Comments received 18/02/2020
We have reviewed the latest layout which addresses our concern with regards to access to the watercourses by providing the required 3m clear buffer.
Therefore we have no remaining objections to the application being approved.
However as per our comments on 7th Feb, we recommend a condition to ensure the development is adequately drained
Comments received 22/07/2020
We previously made comments on 7th February 2020, and these comments / concerns remain valid / unresolved.
We raised the need for a 3m buffer from all watercourses, and although this has been provided for the watercourse bisecting the site, this has not been addressed for the southern or eastern ditches, and there is now a new hedge proposed in, or very close to the ditch on the eastern boundary. This will prevent future access and any hedge should be set back leaving a minimum 3m clear level land from the top of the bank.
We recommend the application is refused unless the layout can be adjusted to ensure that the duties and responsibilities, as required under the Land Drainage Act 1991, and amended by the Flood and Water Management Act 2010, can be fulfilled without additional impediment following the development completion.
Comments received 07/02/2020
We have some significant concerns and would recommend the application is not approved until these are resolved.
1. There does not appear to be sufficient buffers for future maintenance of watercourses which pass to the south, east and through the site. A minimum of 3m should be provided from the top of bank(s).
Page 11 2. Although we have not dealt with flooding on this site we are aware of localised flooding upstream of the where the scheme proposes to discharge, and note comments from residents which refer to existing flooding on-site. Infiltration has been ruled out without sufficient evidence, the scheme should follow the surface water hierarchy whereby the preference is to drain to ground.
The current proposal is a restricted discharge to the adjacent watercourse, with attenuation below the roads / parking. This approach will only be acceptable where infiltration has been ruled out. In order to do this winter groundwater monitoring and shallow percolation tests to BRE365 or similar will be required.
We envisage that percolation rates may be poor and so a high level overflow to the adjacent watercourse may still be required. All permeable paving should be un-lined (subject to groundwater monitoring).
6.11 CDC Economic Development
The Economic Development Service supports this application.
According to research carried out by Destination Research in 2018 on behalf of Chichester District Council the total value of tourism for the district was £469,585,000, which includes visitor spend and indirect spend. This supports 6,472 jobs in the District. There were 591,000 staying trips and 5,137,000 day trips. The total spend for staying trips equated to £141,930,000 compared to £182,720,000 for day trips. Spend per staying trip averages at £240.15 over an average of 4.83 days, which equates to £49.73 per night. This outweighs the spend for day trips at £35.57.
The Economic Development Service supports high quality, tourism facilities, especially on existing sites, which are in need of upgrading. The site has suffered from years of prolonged lack of investment, and consequently is now run down and does not provide a desirable holiday location.
The applicants intend to refurbish the entire site in phases and replace the existing static caravans which are now beyond their useful life. The first phase will include upgrades to the entrance, roads and pathways leading to the rear of the park where the first of the new mobile homes will be located. This location provides wide open views of the surrounding farmland/ countywide.
The proposed new layout of the accommodation will provide a more spacious feel, parking for visitors' cars next to their homes, cctv and new recreation areas. This is the expectation in a modern holiday park.
The replacement lodges will to provide a more luxury offer and significant amount of investment will be taking place on this site over the next few years. This will provide employment and retain the site the in active commercial use.
Page 12
6.12 CDC Licensing
Comments received 15/10/2020
Happy with the width of the roads being 3.7m. From a Licensing perspective we have no conditions, requirements or objections to the proposed markings placed on the roads.
Comments received 08/10/2020
There are currently 19 issued site licences for Hambrook Holiday Park.
Please see a breakdown of the number of pitches for each licence as follows: 17/01037/CVANMH = 26 pitches, 15/00932/CVANMH = 36 pitches, 15/00852/CVANSH = 1 pitch, 14/00133/CVANSH = 1 pitch, 14/00131/CVANSH = 1 pitch, 13/01553/CVANSH = 1 pitch, 13/00398/CVANSR = 1 pitch, 10/01500/CVANSH = 1 pitch, 05/02102/CVANSH = 1 pitch, 05/02105/CVANSH = 1 pitch, 05/02109/CVANSH = 1 pitch, 04/00552/CVANSH = 1 pitch, 03/00281/CVANSH = 1 pitch, 03/00283/CVANSH = 1 pitch, 03/00290/CVANSH = 1 pitch, 03/00291/CVANSH = 1 pitch, 98/00029/CVANSH = 1 pitch, 98/00030/CVANSH = 1 pitch, 93/00013/CVANSH = 1 pitch.
To clarify the Model Standards would apply to one licence on the above site 13/00398/CVANSR which is used for the on site manager. Therefore to clarify for all the site licences that have been issued to this site must adhere to the following conditions set by the licensing department, Multi Holiday Site Conditions, Single Holiday Site Conditions and Single Residential Conditions.
Having reviewed the current plans, it would be highly unlikely a variation to the existing site licence(s) would be granted as the road widths measure only 3 metres, this would only be acceptable if this was a one way system. The Licensing Team would require the internal roads to be 3.7 metres to be satisfied the emergency services would have adequate spacing to travel around the proposed site.
Comments received 10/02/2020
The licensing team has no objections on the proposed plan and application for this site providing they adhere to the Model Standards 2008, however it must be documented that as indicated by the plans submitted there will still be separate plot owners that will be expecting to have full access to the site and use of access roads. Will suitable contingencies be put in to place to ensure disruption to these plots are kept to a minimum. Also will there be sufficient parking for these plot holders to store their vehicles whilst on site.
The licensing team recognises that this will be a phased and progressive development but will the single plot owners have a point of contact to liaise with should they have any questions or concerns throughout the construction, if the answer is `no` then this will have a massive impact on the Licensing Team if we receive a high volume of calls.
Page 13
6.13 CDC Contracts Services
Comments received 20/10/2020:
Access from main road into development needs to be wider to prevent freighter having to go across the road into oncoming traffic when exiting left.
Inside the development the swept path clearly shows the freighter hitting bushes and swinging off of the road. I am not sure what it is swinging over but it would appear to be walls possibly.
Comments received 20/07/2020:
Holiday parks are treated as commercial sites, therefore we may not be the preferred contractor for waste collections. I am therefore only able to advise you as if we were the chosen contractor.
Holiday parks tend to opt for the use of large bulk waste and recycling bins, rather than individual bins. The number of bins required is really dependant on the frequency of collections.
Firstly please refer to our refuse freighter dimensions detailed in the waste storage and collection service guide, Appendix A, page 14. The proposed layout and swept path analysis differ slightly, with the layout not showing a turning head. However the swept path analysis shows a turning head to the south into the green at the front of the site. I presume this turning head would be incorporated into the site, in which case this would be ideal.
All road surfaces should be constructed in a material suitably strong enough to take the weight of a 26 tonne vehicle. I would discourage the use of concrete block paving unless it is of a highway standard, as these tend to move under the weight of our vehicles.
To prevent access issues please may I insist that either parking restrictions are put in place, or adequate visitor parking is provided to prevent visitors from parking within the turning head/entrance to the site. Failure to address this issue at this stage may result in our refuse crew not being able to carry out their collections.
All communal bin storage areas should be sufficient in size to enable our collection crews to manoeuvre the bins out for emptying without the need to move other bins first. Further guidance is available in our standard waste requirements.
Page 14
6.14 Third Party Representations
15 letters of objection have been received concerning;
a) Highways and parking provision - Each of the 79 caravans is likely to have 2 cars (eg. Two families staying in one van). This would increase the traffic within the site, and would require parking for up to 158 cars. - Access roads unsuitable - The deeds for the separately owned plots provide detailed drawing of the access road (marked brown) to which they are entitled to vehicular access at all times, access to parking by their van and a parking area along the edge of the access road - The road is currently not wide enough to meet licensing requirements. The access roads on the plans look even narrower. - The plan needs to be amended to include pedestrian access from Broad Road to the caravans - Would result in overflow parking onto road - The roads and new layouts will effectively cut off services, namely electric, water and sewage to freeholders. - Vehicle Charging points required - Increased traffic on Broad Road
b) Existing site issues - Applicant has allowed the site to get run down - caravans have been let to migrant workers on a permanent basis - leasehold caravan owners have been forced out, and the site owner has tried to force out freehold caravan owners. - Currently emergency vehicles and existing freeholders are denied access by a locked gate - Pool has been filled in and loss of facilities - Law broken in terms of fire safety - Unsafe to stay overnight - The Police have been called to the site on numerous occasions due to problems with migrant workers - A caravan on the site is currently being advertised on Gumtree for rent of £750.00 per month not as a holiday let but residential. - Applicant has removed vans without permission of the freeholder
c) Application procedure - No consideration or consultation has been made with the freeholders/residents in the park - would appear to be an application for permanent residents via the back door - Plot numbers reflect the postal addresses of existing freeholder plots - The area will be better as affordable housing or kept as a holiday park.
Page 15 d) Facilities - Plans to demolish any centre or hub for activity (i.e the dilapidated clubhouse) without replacement of these are not in character with a 'holiday' site - Require a clubhouse, bar, snooker, darts, food provision. Cafe and swimming pool. - Rights and easements attached to freeholders need to be maintained - Require seating areas, tables, benches, play equipment - Will place a considerable burden on local schools, GP surgeries and other amenities e) Harm to neighbours - Noise and disturbance - Very little definition in the application of the continuing services and facilities that will be provided to the remaining owner/occupier caravans. f) Extant planning permission - The previous planning 16/01862/FUL would expire on 31 March 2020 if the conditions have not been met. g) Need - Occupancy Report/ income holiday lettings only details 2015 - 2017, so is therefore not current. This is also incorporates figures for non-holiday occupation. - Exciting site should be improved - Query whether Is Hambrook Holiday Park even a member of Holiday Parks and Campsites UK - In reality it will be a residential site as is Southsea Leisure Park. Independent evidence of this can be viewed on TripAdvisor. h) Flooding - Remember flooding events that made parts of the site unusable in the past. - No mention of drainage ditch in centre of the site - The touring field is subject to flooding in the autumn/winter/spring months and therefore unsuitable for static caravans - A comprehensive drainage plan is required i) Visual - Should be upgrading the site not extending it j) Restrictions on use - Permission for weekends only 1st Nov - 28th Feb was previously imposed to prevent residential use of the site
One letter of support has been received with the following comments:
a) concerned about the positioning of the Bin Store which is likely to bring additional noise and fumes to Havenwood House b) Havenwood House not correctly shown on plans c) Access required to maintain the boundary and cut hedges
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7.0 Planning Policy
The Development Plan
7.1 The Development Plan for the area comprises the Chichester Local Plan: Key Policies 2014-2029, the CDC Site Allocation Development Plan Document and all made neighbourhood plans. The Chidham and Hambrook Neighbourhood Plan was made on the 20th September 2016 and forms part of the Development Plan against which applications must be considered.
7.2 The principal planning policies relevant to the consideration of this application are as follows:
Chichester Local Plan: Key Policies 2014-2029
Policy 1 Presumption in Favour of Sustainable Development Policy 2 Development Strategy and Settlement Hierarchy Policy 3 The Economy and Employment Provision Policy 6 Neighbourhood Development Plans Policy 9 Development and Infrastructure Provision Policy 31 Caravan and Camping Sites Policy 39 Transport, Accessibility and Parking Policy 40 Sustainable Design and Construction Policy 42 Flood Risk and Water Management Policy 43 Chichester Harbour Area of Outstanding Natural Beauty (AONB) Policy 45 Development in the Countryside Policy 48 Natural Environment Policy 49 Biodiversity Policy 50 Development and Disturbance of Birds in Chichester and Langstone Harbours Special Protection Areas Policy 52 Green Infrastructure Policy 54 Open Space, Sport and Recreation
Chidham and Hambrook Neighbourhood Plan
EM2: Protection of Chichester Harbour, nature conservation designated areas and related areas of special environmental value. EM3: Protection and enhancement of landscape, habitat and biodiversity. CDP1: S106 agreements and CIL
Page 17 Chichester Local Plan Review Preferred Approach 2016 - 2035 (December 2018)
7.3 Chichester District Council adopted the Chichester Local Plan: Key Policies 2014- 2029 on 14 July 2015. The Council is currently reviewing and updating its Local Plan as required by Regulation 10A of the Town and Country Planning (Local Planning) (England) Regulations 2012, to provide up to date planning policies which are consistent with the National Planning Policy Framework (NPPF) 2019. The Council consulted on the Local Plan Review 2016-2035 Preferred Approach (LPR) document between December 2018 and February 2019 under Regulation 18 of the Town and Country Planning (Local Planning) (England) Regulations 2012. The Council anticipates that the LPR will be published for consultation under Regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012 in Spring 2021, and that following this the Plan will be submitted to the Secretary of State for Independent Examination.
Part 1 - Strategic Policies S1 Presumption in Favour of Sustainable Development S2 Settlement Hierarchy S3 Development Hierarchy S20 Design S23 Transport and Accessibility S24 Countryside S26 Natural Environment S27 Flood Risk Management S29 Green Infrastructure S32 Design Strategies for Strategic and Major Development Sites
Part 2 - Development Management Policies DM8 Transport, Accessibility and Parking DM16 Sustainable Design and Construction DM18 Flood Risk and Water Management DM22 Development in the Countryside DM29 Biodiversity DM30 Development and Disturbance of Birds in Chichester, Langstone and Pagham Harbours Special Protection Areas DM32 Green Infrastructure DM34 Open Space, Sport and Recreation including Indoor Sports Facilities and Playing Pitches
National Policy and Guidance
7.4 Government planning policy now comprises the revised National Planning Policy Framework (NPPF 2019), which took effect from 19 February 2019. Paragraph 11 of the revised Framework states that plans and decisions should apply a presumption in favour of sustainable development, and for decision-taking this means: c) approving development proposals that accord with an up-to-date development plan without delay; or
Page 18 d) where there are no relevant development plan policies, or the policies which are most important for determining the application are out-of-date, granting permission unless: i. the application of policies in this Framework that protect areas of assets of particular importance provides a clear reason for refusing the development proposed; or ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole
7.5 Consideration should also be given to the following paragraph and sections: Sections 2, 4, 6, 9, 11, 12, 14, 15. The relevant paragraphs of the National Planning Practice Guidance have also been taken into account.
Other Local Policy and Guidance
7.6 Consideration has also been given to: o Surface Water and Foul Drainage SPD o Planning Obligations and Affordable Housing SPD o CDC PGN3: Design Guidelines for Alterations to Dwellings and Extensions o CDC Waste Storage and Collection Guidance o Natural England Advice On Achieving Nutrient Neutrality For New Development In The Solent Region v5 June 2020 o Chichester Tourism Statement 2006
7.7 The aims and objectives of the Chichester in Partnership Community Strategy 2016- 2029 which are relevant and material to the determination of this planning application are:
Maintain low levels of unemployment in the district Support local businesses to grow and become engaged with local communities Maintain the low levels of crime in the district in the light of reducing resources Support and promote initiatives that encourage alternative forms of transport and encourage the use of online services Promote and increase sustainable, environmentally friendly initiatives in the district Influence local policies in order to conserve and enhance the qualities and distinctiveness of our area
8.0 Planning Comments
8.1 The main issues arising from this proposal are:
i. The Principle of Development ii. The demonstrable need for the development and the requirement for a rural location iii. Impact on local amenity iv. Impact on Visual Amenity and Landscape Character v. Highways safety and parking provision vi. Flood risk and drainage vii. Sustainability viii. Ecology ix. Habitat Regulations Assessment x. Other Matters
Page 19 i. Principle of Development
8.2 The main part of the application site already has an established lawful use as a holiday caravan site for which there is an extensive planning history. Planning permission 03/00350/FUL granted the use of permitted holiday caravans throughout year, subject to their occupation being limited to holiday use only. The associated plans for this planning permission showed 53 static caravan pitches, including one pitch for the warden. There is also an extant planning permission for the eastern part of the site under application 16/01862/FUL for the 'change of use of disused former touring caravan field to accommodate 26 no. static holiday homes'. Third parties have highlighted that the application was due to expire 31st March 2020, however officers are satisfied that the pre- commencement conditions were discharged and a technical start commenced on site before the permission expired on 31st March 2020. The principle of the change of use of the eastern part of the application site has therefore been established.
8.3 The current application seeks to maintain the same number of pitches across the site as that which are lawfully permitted (Main site plus eastern extension - total: 79), but enlarge the overall site area to incorporate land to the north of the existing caravan park. The proposed development would also seek reconfiguration of the existing holiday park with hardstanding for pitch bases, access roads and parking provision across the site, as well as new recreational areas following demolition of the existing club house and removal of existing parking to the front of the site.
8.4 Policy 31 of the current Local Plan states that proposals for intensification and alterations to existing sites will be granted where it can be demonstrated that all the following criteria are met: 1. They meet a demonstrable need and require a rural location; 2. They are of an appropriate scale in relation to their setting and would not diminish local amenity; 3. They are sensitively sited and designed to maintain the tranquillity and character of the area; 4. They are sited to be visually unobtrusive and can be assimilated so as to conserve and enhance the surrounding landscape; and 5. The road network and the site's access can safely accommodate any additional traffic generated.
8.5 These matters are considered in the relevant sections below.
ii. The demonstrable need for the development and the requirement for a rural location
8.6 Paragraph 16.31 of the Local Plan states that for static caravan sites it must be demonstrated that there is a demand for the site. Proposals that would be likely to lead to a significant excess of supply over demand or adverse visual impact will not be supported. Paragraph 16.34 of the Local Plan states that applications for the intensification/alteration of existing caravan sites should provide evidence of high demand on existing sites and refers to Appendix E , which sets out evidence should have regard to quantitative and qualitative analysis of the range of tourist accommodation, including other local touring and permanent sites.
Page 20 8.7 As previously discussed there would be no change in the number of pitches to that previously permitted on the site. Under application 16/01862/FUL it was demonstrated that there was a need for the number of units.
8.8 The current application, however, seeks a spread of the development to the north through the change of use of the land immediately to the north from a former nursery (not operating since 1987) to static caravans. To support the application the applicant has submitted a market assessment. This reviews relevant planning applications in the district, research on overnight stay tourist accommodation both nationally and locally and data on the growth in demand for the Hambrook Holiday Park between 2015-2017. It is however noted that no data was available for 2018 and 2019 as the mobile home holiday lets were reduced to allow for the redevelopment of the park in 2019-20 (under application 16/01862/FUL).
8.9 The market assessment also sets out that 'public expectation of holiday park accommodation is changing with people no longer willing to accept dated caravans constructed with often flimsy materials with poor heating. New static mobile homes are centrally heated, double glazed, thermally clad, with kitchens and en-suite bathrooms'. The existing caravans on the site are dilapidated. Vehicle access to the caravans is restricted and there is limited parking provision to the front of the site. The proposal seeks the rationalisation of the site and modernisation of the pitches with allocated parking provision adjacent to the pitches. As such, it is considered that there is a need for the expansion of the holiday park further into the countryside to enable the upgrade of the site to modern standards. This expansion of the site (in terms of site area) and upgrading of the units is supported by the Council's Economic Development team.
8.10 The proposal is therefore in accordance with criterion 1 of Policy 31 of the Local Plan and Policy 45 of the Local Plan.
iii. Impact on local amenity
8.11 The closest residential properties are located to the north and south of the holiday park and front Broad Road.
8.12 Havenwood is located to the north of the site and would be adjacent to the site entrance. The reconfigured access road and parking provision would likely result in more vehicle movements along the northern boundary of the site, above that of the existing situation. However, officers acknowledge that there is extant planning permission (ref. 16/01862/FUL) for the change of use of the land to the east and the conversion of the existing parking provision to a recreational area at the front of the site. Therefore, having regard to this extant permission there would be no material increase in harm to the occupiers of Havenwood, above that of the extant scheme in terms of vehicle movements. Furthermore, the reconfigured access road would be an improvement to that previously permitted under the extant planning permission as there would be an increase in the separation distance between the road and the northern boundary to allow for soft landscaping.
Page 21 8.13 The proposed bin store would be located 3.5m from the northern site boundary. This would be in a similar proximity to the boundary as the exiting bin store, however would be further set back into the site and therefore would be closer to the rear amenity space of Havenwood. The Council's Environmental Protection Officer has queried whether the proposed bin store could be provided further away from the neighbouring property. In response, the applicant has commented that this location was selected in order to prevent refuse lorries entering too deeply into a mobile home park and the existing bin storage facilities are closer to the adjacent residential property than is currently proposed (Officer note: this is in relation to the rear elevation of Havenwood, not the distance to the boundary). As proposed the bin stores would be oriented so that they are accessed from the south (the entrance to the old bin store currently faces towards Havenwood (to the north) and there would be a robust planting bed provided between the rear of the bin store and the adjacent dwelling. The applicant has agreed to keep a clear maintenance strip of some 0.5m wide directly adjacent to the flat roof extension attached to the site of Havenwood so that they would be able to maintain and paint their extension/fence. The applicant did look at alternative sitings for the store, however, to ensure the bin store remains close to the site’s entrance/exit to facilitate collection, the only alternative locations would have compromised the proposed frontage recreational area. Having regard to this the location of the bin store is considered to be acceptable, subject to a condition to ensure appropriate management of the bin store.
8.14 Officers are satisfied that the proposed development would not result in material harm to the amenities of the occupiers of Wood Croft to the south of the site, having regard to the existing lawful use of the site as a holiday park. Whilst the proposal would result in a recreational area to the front of the site, this is not materially different to that permitted under application 16/01862/FUL.
8.15 There would be sufficient separation distances to all other properties to prevent material harm to neighbouring occupiers. The site can already lawfully accommodate 79 units, as such, the proposal would not result in an increase in activity to that already permitted on the site.
8.16 It is noted that a number of representations have been received from the owners of freeholder pitches, located towards the centre of the site and excluded from the application site area. The applicant has confirmed that the proposed development would not result in third parties having their existing facilities and utilities 'cut off' and that the provision of services to the new pitches will be carefully managed to ensure existing freeholders are not inconvenienced. A Construction Environmental Management Plan is recommended to be secured by condition. This would require provisions to be made to freeholder pitches including contact details for complaints, details of how access would be maintained to these pitches during construction works and provisions made to avoid disruption to utilities to these pitches.
8.17 In light of the above, the proposal would accord with criterion 2 of Policy 31 of the Local Plan.
Page 22
iv. Impact on Visual Amenity and Landscape Character
8.18 The current site has suffered from years of lack of investment and the quality of the existing accommodation and facilities is not considered to be high quality. Similar to that permitted under application 16/01862/FUL, the current proposal would replace the frontage parking area and dilapidated clubhouse with a large open landscaped amenity space. It is considered, therefore, that the appearance of the site when viewed from Broad Road would improve significantly.
8.19 At present the former touring site to the east and the former nursery to the north of the site comprise unused land with overgrown grass and scattered litter. The site is adjacent to the settlement boundary of Nutbourne East and would be read in the context of the settlement and the existing intervening development between Nutbourne East and Hambrook. As such, the development of this land would not be materially harmful.
8.20 The application is supported by a Landscape and visual impact assessment dated July 2016. This document was considered in the assessment of application 16/01862/FUL and identified that there would be restricted to limited views from Drift Lane (public bridleway 260). Given that planning permission was subsequently granted for 26 static pitches in the eastern part of the site it is considered that views from Drift Lane would not be materially harmed above that of the applicant's fallback position.
8.21 Compared to the existing situation, the proposal would result in an increase in hard standing across the wider site to accommodate the access roads, pitches and parking provision. This could be mitigated through appropriate soft landscaping. Indicative landscaping details have been submitted with this application, which include hedgerow planting around the parking spaces, grassed private amenity spaces and recreational areas. These will help to soften the appearance of the site. A condition is recommended to secure a detailed landscaping scheme.
8.22 Whilst the planning regime does not require the submission of the details of the appearance of the individual static caravans for consideration under applications such as this, the modernisation of the site would inherently encourage the replacement of dilapidated units with newer units, which would help to improve the visual appearance of the site. The proposed improvements to the site as a whole would have a significant positive impact on the character of the area. The phasing plan would ensure upgrades to the western part of the site are completed first, improving the site frontage and views of the site achieved from Broad Road.
8.23 The application is supported by an arboricultural impact assessment date April 2020. This identifies 14 trees, groups of trees and hedges within the application site. These are along the site boundaries. Further to this there are two hedges that currently dissect the site. One of these separates the eastern part of the site (former touring field) from the established area of static caravans to the west and the second separates the northern site area (former horticultural nursery) from the existing holiday park to the south. Two trees are recommended for removal due to their poor condition, these are both ash trees on the northern boundary of the site and are in decline.
Page 23 The conifer hedge measuring up to 4.5m in height running across the middle of the site from north to south (splitting the established area of static caravans from the former touring field), is also required to be removed to facilitate the development. Whilst this hedge is mature and currently serves to screen the existing static caravans from views from the east, it does not conceal the eastern part of the site subject to extant planning permission 16/01862/FUL and therefore its loss would not result in material harm to views from Drift Lane. Furthermore, a soft landscaping scheme would be secured by planning condition. The existing trees to be retained within the site are of poor quality (category C) however, they provide good screening and softening of the site. There is a band of trees that runs west to east through the site, currently separating the existing caravan site and the former nursery. The retention of this band of trees will help to provide a visual break from the built form within the site. At the front of the site there is a Cypress tree adjacent to the main entrance, which is protected by a Tree Preservation Order (no. 73/00356/TPO). This would be retained as part of the proposal. Whilst the proposed access would realign around this tree the ground in this area is currently used for parking and is already heavily compacted and therefore the realignment of the access is considered acceptable. A condition is recommended to secure an arboricultural method statement to safeguard the trees to be retained on the site during the construction period.
8.24 In light of the above, it is considered that the proposal would have an acceptable impact on the landscape character and visual amenities of the area and would therefore accord with criteria 2, 3 and 4 of Policy 31 of the Local Plan and Policy 48 of the Local Plan and Policy EM3 of the CHNP.
v. Highway safety and parking provision
8.25 The application is accompanied by a Transport Statement by Bright Plan dated November 2019. The Transport Statement concludes that the proposal would generate 197 vehicle movements per day, with 1 arrival and 4 departures during the AM peak hour (08:00- 09:00) and 11 arrivals and 6 departures during the PM peak hour (17:00-18:00). The applicant proposes to use the existing crossover access to the north of the site. The Local Highway Authority has reviewed the proposal and has no objection to the proposal.
8.26 Officers have sought further clarification from the applicant on how visitor arrivals and departures would be managed. It is proposed that visitors to the site would be carefully managed to arrive at staggered check-in times based on the unit booked. There are 5 arrival packages: 1pm (platinum), 2pm (gold), 3pm (silver), 4pm (bronze), 5pm (standard). As with the applicant's other parks there would be a contactless check-in system where each booking is contacted by email prior to arrival and sent information including a plan of the park and directions to the mobile home they will occupy for their stay, along with the access code for the key safe located at their holiday home. Upon departure the holiday home is locked by the guest and the key returned to the key safe. As such, there should be no reason for visitors to stop at the site manager’s office on arrival. Should they need to stop to discuss entry to the site they would park up in front of the refuse store for a couple of minutes. Officers consider this arrangement could work successfully and minimise the risk of vehicles parking on Broad Road or obstructing the internal access roads during check-in and check-out.
Page 24 8.27 The proposed layout shows a series of cul-de-sacs with turning spaces at the ends of the road. The County Highway Authority is satisfied with this layout and considers that the site manager could control the use of turning spaces to avoid them being used for parking provision. In order to ensure this a condition is recommended to require the submission of a site management plan that sets out the measures to ensure there would be adequate parking provision available on site for the visitors and staff attending the site by vehicle and to encourage the use of public transport. This would also secure the check-in and check-out arrangements set out in the previous paragraph.
8.28 The proposed development would need a licence under the Caravan Site and Control of Development Act. In response to comments received from the Council's Licencing Team, the applicant has submitted amended plans that show the proposed road widths widened from 3m to 3.7m in width. This would allow for two way traffic through the site and would accord with the Council's Multi Holiday Site Conditions.
8.29 Representations have been received from the owners of existing freeholder pitches raising concerns about accessibility. At present the site has one spine road with parking provision to the front of the site. The submitted plans show the access road running parallel to the north of the parcel of land containing the freeholder pitches. Whilst there is no formalised access proposed from this access road to the existing freeholder pitches, the proposed situation would not be significantly different to the access afforded by the existing spine road. Furthermore, there would be 12 parking spaces to the west/front of the site allocated to the freeholder plots.
8.30 Refuse vehicles would be able to enter and exit the site in forward gear by turning in the 6m wide road adjacent to the proposed parking spaces allocated to existing freeholder pitches, this has been supported by swept path diagrams. The Council’s Waste Contracts Officer has raised concerns with the width of the access from the main road. However, this would be as existing and therefore there would be no material harm above that of the existing situation. The Council’s Waste Contracts Officer also has commented on refuse vehicles overhanging the internal roads when turning within the site. Whilst the vehicle tracking plans show some overhang into landscaped areas, the bushes shown on the submitted plans are indicative and a detailed landscaping scheme would be secured by condition and as such the final positioning of hedges would be agreed at a later stage. Furthermore the County Highway Authority raises no objection and is satisfied that the submitted vehicle tracking plans show no issues for refuse vehicles or other road users.
8.31 The applicant has confirmed that a security barrier or gate is not currently proposed. A condition is recommended to ensure no such structure is erected without prior written agreement from the Local Planning Authority, to ensure that adequate access to the site would be maintained for the owners of existing freeholder pitches, emergency services and waste contractors.
Page 25 8.32 Pedestrians would enter the site at the vehicular crossover from Broad Road. A 0.9m wide green strip (with silhouettes of a person walking) will be painted along one side of the access from Broad Road into the site. These pedestrian markings would also be added to the 3.7m wide internal access roads and would, as such, be dual purpose and also allow two cars to pass each other (providing no pedestrian is walking on the green strip) should they be travelling in opposite directions. The County Highway Authority has commented that they are satisfied that these pedestrian arrangements are suitable for a site of this nature and the Council’s Licensing have no objection to this. Detailed drawings would be secured by condition.
8.33 At presented there are no details on the number of bicycle spaces, however a large bike store is shown to the front of the site. A condition is recommended to secure further details and provision of covered and secure bicycle parking.
8.34 The parking spaces adjacent to the proposed pitches would measure 3.6m in width, as such, these would be accessible for mobility-impaired users.
8.35 In light of the above, the proposal would be acceptable in terms of its impact on contractors and emergency services. There would also be adequate parking provision subject to planning conditions. The proposal therefore complies with criterion 5 of policy 31 and policy 39 of the Local Plan. Furthermore, it has been satisfactorily demonstrated that the development would meet the requirements in order to obtain a licence.
vi Flood risk and drainage
8.36 The application site is entirely within Flood Zone 1, where there is a low probability of river or sea flooding.
Surface water drainage
8.37 During the course of the application, plans have been amended to show 3m buffer zones from the existing watercourses through the site and on the site boundaries. This is in response to the Council's Drainage Engineer concerns about easements around drainage ditches. The Council's Drainage Engineer is now satisfied with the proposal and a condition is recommended to secure a sustainable drainage system and protect the easements.
8.38 Third parties have raised concerns that the former touring field (to the east) is subject to flooding in the autumn/winter/spring months and therefore unsuitable for static caravans. The Council's Drainage Engineer has discussed this with officers and has stated that it may be possible that the flooding third parties refer to is shallow surface pooling of water, which would not be uncommon given the geology and in the absence of any positive drainage. The proposed surface water drainage for the site should remove any risk of water pooling on the surface, and the applicant has also committed to clearing all of the watercourses on their boundaries, which will help the local land drainage more generally.
Page 26
Foul drainage
8.39 Foul drainage will be through the statutory undertaker. Southern Water has raised no objection to the proposal. The site would connect to the Thornham WwTW, nutrient neutrality issues will be address later in this report.
8.40 In light of the above, the Local Planning Authority is satisfied that a suitable scheme for surface water drainage could be accommodated within the application site. Further to this there would be adequate foul drainage. The proposal would therefore accord Policy 42 of the CLP and Policy EM1 of the CHNP.
vii. Sustainability
8.41 Policy 40 requires new developments to have a sustainable design and construction. The applicant's agent has confirmed that each pitch would be provided with an electrical vehicle recharging point and water meter to encourage occupiers to reduce their water usage. The applicant has also stated that the caravans will fitted with ‘A’ rated ‘white goods’ (I.e dishwashers, washing machines, fridges etc). As this application seeks change of use of the land and the operational development is restricted to hard standing only, it is considered only reasonable to secure electric vehicle charging points in accordance with the West Sussex County Council: Guidance on Parking at New Developments (September 2020).
viii. Ecology
8.42 No objections to the proposed development have been raised on the grounds of the impact of the proposed development on the ecology found on the site. Conditions are recommended to secure a sensitive lighting scheme, mitigation to safeguard small mammals including hedgehogs, vegetation clearance outside bird breeding season and ecological enhancements including a bird box and a bat box to be installed on trees.
8.43 Subject to recommended conditions the proposed development would comply with policy 49 of the CLP and Policy EM3 of the CHNP.
ix. Habitat Regulations Assessment
8.44 The site is located within 5.6km buffer zone of the Chichester and Langstone Harbours Special Protection Area.
8.45 The European Court of Justice (CECJ) ruling in April 2018 disbars planning and other competent authorities when screening a plan or project for Habitats Regulations Assessment (HRA) from taking account of any measures intended to avoid or reduce the harmful effects on such a site.
8.46 This means that projects which previously would not have been subject to a full HRA are now required to undertake an appropriate assessment. Under Article 6(3) of the Habitats Directive an appropriate assessment is required where a plan or project is likely to have a significant effect upon a European site.
Page 27 8.47 Within the Chichester Local Plan Area, any net increase in dwellings within the zone of influence would require an appropriate assessment to be carried out by the Council and consultations carried out with Natural England as the appropriate nature conservation body.
Nitrates
8.48 The proposal comprises new development with overnight accommodation, where the treated effluent from the development will discharge into a Solent European site, or any water body that subsequently discharges into such a site.
8.49 The planning history for the site shows that there is planning permission for a total of 79 pitches across the whole of Hambrook Holiday Park (Approved plan for 03/00350/FUL shows 52 static holiday pitches and 1 static pitch for the warden's accommodation and further to this 26 static holiday caravan pitches have been permitted under application 16/01862/FUL, these units are not on site however this permission remains extant as development has commenced on site).
8.50 Furthermore, the Council's Licencing Team has confirmed that there are currently licences for a total of 79 pitches (two licences for 26 and 36 holiday caravans respectively and 17 licences for individual caravans).
8.51 The current proposal seeks 61 units within the application site (including the manager's pitch).
8.52 The existing plan (No. 027F) shows within the area etched in blue (outside the application site) there are 22 whole pitches, 12 of which are outside the applicant's ownership. Whereas, the indicative proposed plan (No. 020F) suggest that there would only be 18 pitches retained outside the application (including the 12 pitches outside the applicant’s ownership). Subject to only 18 pitches being retained outside the application site, there would be no increase in the number of pitches across the Holiday Park. A condition has been recommended to ensure at no time there shall be more than 61 caravans within the application site as shown etched in red on plan number 020F (including the warden's caravan) and cumulatively there shall be no more than 79 caravans on the entire holiday caravan site (currently known as Hambrook Holiday Park) including the land etched in blue on plan number 020F. Furthermore, the Council can control the number of units on the site through the site licence.
8.53 In light of this, there would be no increase in the number caravans above that currently lawfully allowed on the site and therefore there would be no nutrient impacts above that currently permitted.
Recreational Disturbance
8.54 The extant planning permission (ref: 16/01862/FUL) that grants permission for 26 static caravans was subject to Unilateral Undertaking that secured £4576 towards Bird Aware Solent. As the fees for Bird Aware Solent have increased since the determination of 16/01862/FUL, there would be an impact on recreational disturbance only. Without further mitigation there would be an adverse impact on the integrity of the SPA. The applicant has agreed in principle to pay this uplift in fees, this is set out further in the Planning Obligations section of this report.
Page 28
Sub conclusion
8.55 The Local Planning Authority have completed an appropriate assessment that concludes that subject to the mitigation set out above the project will not have an Adverse Effect on the Integrity of the European protected site. Natural England have been consulted on this appropriate assessment, no comments have been received at the time of the drafting of this committee report.
8.56 Subject to Natural England having no objection to the appropriate assessment and a completed S106 agreement to secure the financial contribution to the Bird Aware Solent scheme the proposal would accord with Policies 49 and 50 of the CLP.
Other matters
8.57 Third parties have raised concerns about the site being used as the main residence for migrant workers. A condition is recommended to ensure that the site is used for holiday purposes only. To assist in the enforcement of this a further condition is recommended requiring the applicant to maintain a record of the occupation of the site.
Planning Obligations
8.58 The recommendation to permit is subject to completion of a unilateral undertaking (S106 agreement). This has not been completed at the time of the drafting of this committee report, however, the applicant has informally agreed to following.
- Financial contribution of £10,894 for recreational disturbance mitigation, in accordance with Planning Obligations and Affordable Housing SPD (as of 1st April 2020). (26 x £595 = £15,470 - £4,576 (paid under 16/01862/FUL) = £10,894) - S106 monitoring fee of £100
Significant Conditions
8.59 Key conditions will include the limiting of the use of the proposed static holiday homes to holiday use only to prevent the accommodation being used as permanent residences. The other main condition will be to ensure compliance with the phasing scheme to ensure the redevelopment of the clubhouse into a recreational area and improvements to part of the front of the site prior to the expansion of the site to the north and east.
8.60 All pre-commencement conditions have been agreed by the applicant in accordance with Section 100ZA of the Town and Country Planning Act 1990 (as amended).
Page 29 Conclusion
8.61 The proposal seeks the modernisation and expansion of the existing holiday park. Whilst the proposal would result in the encroachment of the site further into the countryside, there would be no increase in pitches above that currently lawfully permitted on the site. There would be no material harm to local amenity or the tranquillity and character of the area. Subject to recommended conditions, the proposal would conserve the surrounding landscape. Officers are satisfied that there would be no material harm to the local highway network. Overall, the proposed development would provide economic and social benefits to the area as well as enhancing the existing facilities to the benefit of the character of the area. The proposal is considered to be in accordance with local and national development plans and is acceptable subject to conditions.
Human Rights
8.62 The Human Rights of all affected parties have been taken into account and the recommendation is considered justified and proportionate.
RECOMMENDATION
DEFER FOR CONSULTATION WITH NATURAL ENGLAND REGARDING THE APPROPRIATE ASSESSMENT AND, SUBJECT TO NO OBJECTION FROM NATURAL ENGLAND, THEN PERMIT WITH S106 subject to the following conditions and informatives:-
1) The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission.
Reason: To comply with Section 91 of the Town and Country Planning Act 1990 (as amended).
2) The development hereby permitted shall be carried out in accordance with the plans listed below under the heading "Decided Plans"
Reason: For the avoidance of doubt and in the interests of proper planning.
3) No development shall commence, including any works of demolition, until a Construction and Environmental Management Plan (CEMP) comprising a schedule of works and accompanying plans for that Phase has been submitted to and approved in writing by the Local Planning Authority. Thereafter the approved CEMP shall be implemented and adhered to throughout the entire construction period unless any alternative is agreed in writing by the Local Planning Authority. The CEMP shall provide details of the following:
Page 30
(a) the phased programme of demolition and construction works; (b) the anticipated number, frequency and types of vehicles used during construction, (c) the location and specification for vehicular access during construction, (d) the provision made for the parking of vehicles by contractors, site operatives and visitors, (e) the loading and unloading of plant, materials and waste, (f) the storage of plant and materials used in construction of the development, (g) the erection and maintenance of security hoarding, (h) the location of any site huts/cabins/offices, (i) the provision of road sweepers, wheel washing facilities and the type, details of operation and location of other works required to mitigate the impact of construction upon the public highway (including the provision of temporary Traffic Regulation Orders), (j) details of public engagement both prior to and during construction works, including a named person to be appointed by the applicant to deal with complaints who shall be available on site and contact details made known to all relevant parties, including freeholder pitches (shown etched in blue on plan number 020F). (k) measures to control the emission of dust and dirt during construction, to include where relevant sheeting of loads, covering and dampening down stockpiles and restriction of vehicle speeds on haul roads. A dust management plan should form part of the CEMP which includes routine dust monitoring at the site boundary with actions to be taken when conducting dust generating activities if weather conditions are adverse, (l) measures to control the emission of noise during construction, (m) details of all proposed external lighting to be used during construction and measures used to limit the disturbance of any lighting required. Lighting shall be used only for security and safety, (n) appropriate storage of fuel and chemicals, in bunded tanks or suitably paved areas, (o) measures to reduce air pollution during construction including turning off vehicle engines when not in use and plant servicing, and (p) waste management including prohibiting burning and the disposal of litter, (q) provision of temporary domestic waste and recycling bin collection point(s) during construction, (r) hours of construction. (s) Access arrangements for the freeholder pitches (shown etched in blue on plan number 020F) during construction works. (t) Provisions made to ensure that there would be no disruption to utilities to the existing freeholder pitches shown etched in blue on plan number 020F).
Reason: These details are necessary pre-commencement to ensure the development proceeds in the interests of highway safety and in the interests of protecting nearby residents and the existing freeholders within the centre of the Holiday Park from nuisance during all stages of development and to ensure the use of the site does not have a harmful environmental effect.
Page 31
4) No development shall commence until full details of the proposed surface water drainage scheme have been submitted to and approved in writing by the Local Planning Authority. The design should follow the hierarchy of preference for different types of surface water drainage disposal systems as set out in Approved Document H of the Building Regulations and the SUDS Manual produced by CIRIA. Winter groundwater monitoring to establish highest annual ground water levels and Percolation testing to BRE 365 or similar approved, will be required to support the design of any Infiltration drainage. The development shall be carried out in accordance with the approved scheme and timetable.
No static home shall be occupied until the complete surface water drainage system serving the development has been implemented in accordance with the agreed details.
Reason: These details are necessary pre-commencement to ensure the development proceeds in the interests of proper surface water disposal.
5) No development shall commence until a drainage strategy detailing the proposed means of both on and off-site foul disposal and an implementation timetable, has been submitted to and approved in writing by the Local Planning Authority in consultation with the sewerage undertaker. The development shall be carried out in accordance with the approved scheme and timetable.
Reason: These details are necessary pre-commencement to ensure the development proceeds in the interests of the proper disposal of foul sewerage from the site.
6) No development shall commence until samples of appropriate surfacing materials for the access road, internal roads and pitches have been submitted to and approved by the Local Planning Authority. There after the development shall be carried out in accordance with the approved details and there shall be no occupation of any pitch hereby permitted (subject of this application and within the red line boundary) until the vehicular access has been upgraded with a fully bound and stable surface for the first 20 metres as measured back from the near channel edge of the adjacent carriageway.
Reason: These details are necessary pre-commencement to enable the Local Planning Authority to control the development in detail in the interests of visual amenity and highway safety.
7) No development shall commence until details of the surface water drainage of the site have been submitted to and approved in writing by the Local Planning Authority. The details shall be designed so as to prevent the discharge of water onto the public highway. The development shall be carried out in accordance with the approved details.
Reason: In the interests of highway safety. This is a pre-commencement condition as it goes to the heart of the permission.
Page 32 8) No development shall commence on site until precautions are put in place for hedgehogs as set out within the Preliminary Ecological Appraisal (Aug 2019) and the site has been searched carefully before works begin. If any small mammals including hedgehogs are found they should be relocated away from the construction area into surrounding suitable habitats.
Reason: Having regard to the submitted Preliminary Ecological Appraisal (Aug 2019) and in the interest of ecology. This is a pre-commencement condition as it goes to the heart of the permission.
9) No development shall commence on site until, details showing the proposed location of one fire hydrant or stored water supply (in accordance with the West Sussex Fire and Rescue Guidance Notes) has been submitted to and approved in writing by the Local Planning Authority in consultation with West Sussex County Council's Fire and Rescue Service. Prior to the first occupation of the development hereby permitted, the developer at their own expense shall install the fire hydrant in the approved location to BS 750 standards or stored water supply and arrange for their connection to a water supply which is appropriate in terms of both pressure and volume for the purposes of firefighting. The fire hydrant shall thereafter be maintained as part of the development by the water undertaker at the expense of the Fire and Rescue Service if adopted as part of the public mains supply (Fire Services Act 2004) or by the owner / occupier if the installation is retained as a private network.
Reason: In the interests of fire safety and in accordance with Chichester Local Plan (2014 - 2029) Key Polices 8 and 9 and in accordance with The Fire & Rescue Service Act 2004. This is a pre-commencement condition as it goes to the heart of the permission.
10) No development shall commence on site, including demolition, until a Tree Protection Plan and Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority. This should include details of fencing to be erected around all trees, shrubs and other natural features not scheduled for removal in the Arboricultural Report prepared by Shane Verrion dated 20th April 2020. It shall also include a method statement for the works within the root protection area of the Cypress tree subject to 73/00356/TPO at the entrance of the site. Thereafter the protective fencing shall be erected prior to the commencement of development and retained for the duration of the works and in accordance with the recommendations of BS5837:2012, unless otherwise agreed in writing by the Local Planning Authority. The development shall be carried out in full accordance with the approved Arboricultural Method Statement. No unauthorised access or placement of goods, fuels or chemicals, soil or other materials shall take place inside the fenced area; soil levels within the root protection area of the trees/hedgerows to be retained shall not be raised or lowered, and there shall be no burning of materials where it could cause damage to any tree or tree group to be retained on the site or on land adjoining at any time.
Reason: To ensure that trees, shrubs and other natural features to be retained are adequately protected from damage to health and stability. It is considered necessary for this to be a pre-commencement condition as these details need to be agreed prior to the construction of the development and thus go to the heart of the planning permission.
Page 33
11) The pitches hereby permitted (subject of this application and within the red line boundary) shall not be occupied until the owners/operators of the site currently known as Hambrook Holiday Park make provision for the following requirements as part of the overall management of the holiday park: - The provision of a letter to accompany the annual pitch fee invoice sent out to caravan/lodge owners, which will stipulate the caravan/lodge is for holiday use only and cannot be used for residential purposes (i.e. as a persons only or main residence). The letter will require a caravan/lodge owner to produce satisfactory written proof of their main residence (e.g. current Council Tax return, current utility bill or driving licence). Furthermore, this letter shall require the owner to sign up annually confirming their understanding and acceptance of the holiday use restriction. - Maintain an up-to-date register of the names of all owners/occupiers of individual cabins on the site, and of their main home addresses, and shall make this information available at all reasonable times for the Local Planning Authority. - New purchasers, at the point of sale shall be made aware that they must sign a declaration that their use of the caravan/lodge will be for holiday purposes only and not as their only or main residence.
Such measures must be in force prior to the occupation of any pitch hereby permitted and shall remain in force in perpetuity.
Reason: The permanent use of the cabins would be contrary to the policies of the Local Planning Authority regarding residential development.
12) The pitches hereby permitted (subject of this application and within the red line boundary) shall not be occupied, until a scheme for ecological enhancements, including timescales for implementation has been submitted to and approved in writing by the Local Planning Authority and thereafter shall be complied with in full. The scheme of ecological enhancements shall give consideration to the following: o two hedgehog nesting boxes included on the site o Gaps are included at the bottom of the fences to allow movement of small mammals across the site o Bird and bat boxes are installed on trees within the application site, the bat box shall be installed facing south/south westerly positioned 3-5m above ground. o Native species planting used in landscaping o Wildlife flower meadow mixed used in grassland areas.
Reason: In the interest of conserving and enhancing biodiversity.
13) The pitches hereby permitted (subject of this application and within the red line boundary) shall not be occupied until a road marking plan showing the pedestrian routes from the Broad Road entrance and on the access roads through the site has been submitted to and approved in writing by the Local Planning Authority. Thereafter the road markings relevant to each phase of the development, as shown on plan number 021F, shall be implemented prior to the first occupation of any pitch within the corresponding phase in the development.
Reason: In the interest of promoting walking.
Page 34
14) The pitches hereby permitted (subject of this application and within the red line boundary) shall not be occupied until a scheme for Electric Vehicle charging facilities has been submitted to and approved in writing by the Local Planning Authority. Active EV charging facilities shall be provided in accordance with the table at Appendix B of the West Sussex County Council: Guidance on Parking at New Developments (September 2020 or any future amended document) and the details shall include a plan showing the location of the charging points and there management and maintenance. Furthermore, the development shall provide passive provision through ducting to allow EV charging facilities to be brought into use at a later date for the whole application site. No static holiday caravan which is to be provided with an active charging facility shall be first occupied until the EV charging facility for that static holiday caravan has been provided and is ready for use.
Reason: In the interest of sustainability
15) Notwithstanding the indicative plans submitted with the application, the pitches hereby permitted (subject of this application and within the red line boundary) shall not be occupied until a detailed scheme of soft landscaping for the whole site has been submitted to and been approved in writing by the Local Planning Authority. The scheme shall include a planting plan and schedule of plants noting species, plant sizes and proposed numbers/densities, and shall include a program/timetable for the provision of the landscaping. In addition all existing trees and hedgerows on the land shall be indicated including details of any to be retained, together with measures for their protection during the course of development. The scheme shall make particular provision for the conservation and enhancement of biodiversity on the application site. The works shall be carried out in accordance with the approved details and planting timetable and in accordance with the recommendations of the appropriate British Standards or other recognised codes of good practice. Any trees or plants which, within a period of 5 years after planting, are removed, die or become seriously damaged or defective, shall be replaced as soon as is reasonably practicable with others of species, size and number as originally approved unless otherwise first agreed in writing by the Local Planning Authority.
Reason: In the interests of amenity and of the environment of the development.
16) The pitches hereby permitted (subject of this application and within the red line boundary) shall not be occupied until the car parking has been constructed in accordance with the approved site plan (drawing number 020F). These spaces shall thereafter be retained at all times for their designated purpose, this should include 12 spaces designated for the freeholder pitches in the centre of the holiday park and 2 spaces designated for employee parking.
Reason: To provide adequate visitor and staff car-parking space for the use hereby approved as well as to provide space for the existing freeholders.
Page 35 17) The pitches hereby permitted (subject of this application and within the red line boundary) shall not be occupied until a site management plan has been submitted to and approved in writing by the Local Planning Authority. The site management plan shall include details of parking restrictions such as measures to ensure that turning spaces not used for parking, details of how freeholder spaces will be allocated and measures to prevent unauthorised parking in these spaces, details of the arrivals and departure arrangements, management of traffic during peak times and details of how the use of public transport will be encouraged. Thereafter the site shall be managed in accordance with the approved details.
Reason: To ensure adequate parking provision and in the interest of amenity.
18) The pitches hereby permitted (subject of this application and within the red line boundary) shall not be occupied until a waste management strategy has been submitted to and approved in writing by the Local Planning Authority. The waste management strategy shall include details of waste collection, cleaning schedule, details types of bins to be used and measures to ensure that they will be kept closed, recycling provision and how recycling would be encouraged, drainage of the bin store and pest control measures. Thereafter the waste shall be managed on the site in full accordance with the approved details.
Reason: In the interest of amenity and to prevent a nuisance to neighbouring properties.
19) Notwithstanding the lighting plan 022F, the pitches hereby permitted (subject of this application and within the red line boundary) shall not be occupied until a lighting scheme has been submitted to and approved in writing by the Local Planning Authority. The lighting scheme shall include the detailed design of the lighting, including the measures proposed to avoid light spillage. The details to be submitted shall also include the timing of the lighting (ie. whether timer controlled or motion activated). The information shall include a layout plan with beam orientation and schedule of equipment in the design (luminaire type, mounting height, aiming angles and luminaire profiles). The lighting shall be installed, maintained and operated in accordance with the approved details, unless the Local Planning Authority gives its written consent to any variation. The lighting scheme shall take into consideration the presence of bats in the local area and shall minimise potential impacts to any bats using trees and hedgerows by avoiding unnecessary artificial light spill through the use of directional lighting sources and shielding.
Reason: In the interests of protecting the amenities of neighbours and ecology.
20) The pitches hereby permitted (subject of this application and within the red line boundary) shall not be occupied until covered and secure cycle parking spaces have been provided in accordance with plans and details that shall first have been submitted to and approved by the Local Planning Authority. Thereafter the cycle parking shall be retained for that purpose in perpetuity.
Reason: To provide alternative travel options to the use of the car in accordance with current sustainable transport policies.
Page 36 21) The pitches hereby permitted (subject of this application and within the red line boundary) shall not be occupied until space has been laid out within the site in for vehicles to turn so that they may enter and leave the site in forward gear. The turning areas shall be used and retained exclusively for their designated purpose.
Reason: To provide adequate turning space for the development.
22) Any works to the trees or vegetation clearance on the site shall only be undertaken outside of the bird breeding season (which takes place between 1st March 1st October). If works are required within this time an ecologist must check the site before any works take place (within 24 hours of any work).
Reason: In the interest of ecology.
23) At no time shall there be more than 61 caravans within the application site as shown etched in red on plan number 020F (including the warden's caravan) and cumulatively there shall be no more than 79 caravans on the entire holiday caravan site (currently known as Hambrook Holiday Park) including the land etched in blue on plan number 020F, unless otherwise agreed in writing by the Local Planning Authority.
Reason: To ensure no net increase in sewage flows or recreational disturbance to a Solent European Site and in the interest of amenity.
24) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking, re-enacting or modifying that Order) the proposed accommodation shall be used for holiday accommodation only and shall not be used for any individual's main or sole residential dwelling and for no other purpose (including any other purpose in Class C3 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 as amended by the Town and Country Planning (Use Classes)(Amendment) (England) Regulations 2020, or in any provision equivalent to that Class in any statutory instrument revoking and re- enacting that Order).
Reason: To ensure that the accommodation is only used as holiday / tourist accommodation, since the site lies within an area where additional residential properties would not normally be permitted and to prevent the creation, by conversion, of inappropriate units of accommodation, possibly leading to over intensive use of the site.
25) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking, re-enacting or modifying that Order) there shall be no erection of any gates or barriers across any of the proposed access roads unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interest of ensuring appropriate access for freeholders, emergency services and refuse contractors.
Page 37 26) The 3m wide drainage easement buffers shown on plan number 020F shall be keep clear of development at all times.
Reason: In the interest of ensuring adequate surface water drainage.
Decided Plans
The application has been assessed and the decision is made on the basis of the following plans and documents submitted:
Details Reference Version Date Received Status
PLANS - Plans PLAN - 020 F 27.10.2020 Approved
PLANS - Plans PLAN - 021 F 27.10.2020 Approved
PLANS - Plans PLAN - 023 F 27.10.2020 Approved
PLANS - Plans PLAN - 025 F 27.10.2020 Approved
PLANS - Plans PLAN - 026 F 27.10.2020 Approved
PLANS - Plans PLAN - 027 F 27.10.2020 Approved
INFORMATIVES
1) The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.
2) A Site Licence will need to be obtained or the existing Site Licence varied under the Caravan Site & Control of Development Act 1960. More details of the application process and the type of conditions that are attached to a Site Licence can be found via the following link - http://www.chichester.gov.uk/article/25477/Camping--caravan-site- licences#conditions. Please contact the Licensing Team on 01243 534744 or email [email protected] to discuss the matter further.
3) This permission shall be read in conjunction with an Agreement made under Section 106 of the Town and Country Planning Act, 1990.
4) When submitting lighting details for approval, it is requested that a report from a competent Lighting Professional is provided, confirming that the external lighting installation meets the Obtrusive Light Limitations for Exterior Lighting Installations for Environmental Zone (to be specified for the circumstances) as set out in the "Guidance Notes for the Reduction of Obtrusive Light GN01:2011" issued by the Institute of Lighting Professionals.
Page 38 5) The developer's attention is drawn to the provisions of the Wildlife and Countryside Act 1981, the Conservation (Natural Habitats etc) Regulations 1994, and to other wildlife legislation (for example Protection of Badgers Act 1992, Wild Mammals Protection Act 1996). These make it an offence to kill or injure any wild bird intentionally, damage or destroy the nest of any wild bird intentionally (when the nest is being built or is in use), disturb, damage or destroy and place which certain wild animals use for shelter (including badgers and all bats and certain moths, otters, water voles and dormice), kill or injure certain reptiles and amphibians (including adders, grass snakes, common lizards, slow-worms, Great Crested newts, Natterjack toads, smooth snakes and sand lizards), and kill, injure or disturb a bat or damage their shelter or breeding site. Leaflets on these and other protected species are available free of charge from Natural England.
The onus is therefore on you to ascertain whether any such species are present on site, before works commence. If such species are found or you suspected, you must contact Natural England (at: Natural England, Sussex and Surrey Team, Phoenix House, 32-33 North Street, Lewes, East Sussex, BN7 2PH, 01273 476595, [email protected]) for advice. For nesting birds, you should delay works until after the nesting season (1 March to 31 August).
6) The applicant is reminded that the prior written consent of the Lead Local Flood Authority (WSCC) or its agent (CDC) will be required in order to comply with the Land Drainage Act 1991 and Flood and Water Management Act 2010 for the discharge of any flows to watercourses, or the culverting, diversion, infilling or obstruction of any watercourse on the site. Any discharge to a watercourse must be at a rate no greater than the pre-development run off values. For further information please email [email protected].
7) As part of the Building Regulations 2004, adequate access for firefighting vehicles and equipment from the public highway must be available and may require additional works on or off site, particularly in very large developments. (BS5588 Part B 5) for further information please contact the Fire and Rescue Service.
8) The applicant is advised to enter into a Section 59 Agreement under the Highways Act 1980 to enable the recovery of the cost of any damage that may result to the highway as a direct consequence of construction traffic. The Applicant is advised to contact the Area Highway Manager to commence this process.
9) A formal application for connection to the public sewerage system is required in order to service this development. Please read Southern Water's New Connections Services Charging Arrangements documents which has now been published and is available to read on their website via the following link https://beta.southernwater.co.uk/infrastructure-charges
For further information on this application please contact Kayleigh Taylor on 01243 534734
To view the application use the following link - https://publicaccess.chichester.gov.uk/online- applications/applicationDetails.do?activeTab=summary&keyVal=Q0I3R7ERJT000
Page 39 This page is intentionally left blank Agenda Item 5
Parish: Ward: Chidham & Hambrook Harbour Villages
CH/19/02880/FUL
Proposal Proposed use of land as a travellers caravan site consisting of 2 no. pitches for 1 no. mobile homes, 1 no. touring caravan, boundary treatment and car parking. Retention of existing shed and stables.
Site Plot A Pond Farm Newells Lane West Ashling Chichester West Sussex PO18 8DF
Map Ref (E) 479658 (N) 106488
Applicant Ms Tina Hyams (Nee Sullivan) Agent Dr Angus Murdoch
RECOMMENDATION TO PERMIT WITH S106
Note: Do not scale from map. For information only. Reproduced NOT TO from the Ordnance Survey Mapping with the permission of the SCALE controller of Her Majesty's Stationery Office, Crown Copyright. License No. 100018803
Page 41 1.0 Reason for Committee Referral
1.1 Parish Objection - Officer recommends Permit
2.0 The Site and Surroundings
2.1 The application site is located on the western side of Newells Lane; immediately south of the A27. The site, known as Plot A, is located to the northern side of Pond Farm, which is a cluster of lawful temporary and permanent Gypsy and Traveller sites.
2.2 Plot A comprises an existing gypsy and traveller pitch, previously approved at appeal on a temporary 3 year basis under APP/L3815/A/11/2153950/NWF and then on a permanent basis under 15/03838/FUL. The application site also includes part of a paddock which adjoins the northern boundary of the site. The site is accessed via a part tarmacked/part gravelled track forming part of the Bridleway network (Bridleway 3594) and the site is set back from, and separated from, the Bridleway by the remaining area of paddock to the north of the application site.
3.0 The Proposal
3.1 Planning permission is sought via this application for the proposed use of land as a travellers caravan site consisting of 2 no. pitches for 1 no. mobile homes, 1 no. touring caravan, boundary treatment and car parking. Permission is also sought for the retention of existing shed and stables. Included within the proposals is the provision of a planted landscape buffer alongside the northern and western boundaries.
4.0 History
00/00548/FUL ART25 Erection of 8 no timber stables with associated store.
98/01388/FUL REF Retention of 2 no site cabins and their use for residential purposes.
98/01644/FUL REF Erection of block of sixteen stables and establishment of stud farm.
98/01645/FUL REF Retention of access tracks and hardstanding.
99/01845/FUL REF Erection of block of fourteen stables: Tack room: Staff: Food and Hay Store and private ways.
06/02440/COU REF Stationing of 1 no. residential caravan for Gypsy settled accommodation.
06/05017/FUL REF Siting of 1 no. mobile home for settled gypsy accommodation. Siting of 1 no. touring caravan and installation of septic tank.
Page 42 08/01131/COU REF Retention of hardstanding and siting of mobile home for settled gypsy accommodation.
12/00458/COU REF Change of use of land to a private gypsy and traveller caravan site comprising one mobile home and associated works.
15/03838/FUL PER Removal of Condition 2 of planning permission CH/10/04417/COU and APP/L3815/A/11/2153950.
15/03840/FUL PER Proposed detached utility building.
16/02894/FUL PER106 Variation of Condition 2 of planning permission CH/12/00458/COU - to make the temporary permission permanent.
19/00304/FUL REF Proposed travellers caravan site consisting of 2 no. pitches for 2 no. mobile homes, 2 no. touring caravan, boundary treatment and car parking. Retention of existing shed and stables.
08/00091/REF APPWDN Retention of hardstanding and siting of mobile home for settled gypsy accommodation.
12/00083/REF ALLOW Change of use of land to a private gypsy and traveller caravan site comprising one mobile home and associated works.
19/00061/REF APPWDN Proposed travellers caravan site consisting of 2 no. pitches for 2 no. mobile homes, 2 no. touring caravan, boundary treatment and car parking. Retention of existing shed and stables.
5.0 Constraints
Listed Building NO Conservation Area NO Rural Area YES AONB NO Tree Preservation Order YES EA Flood Zone - Flood Zone 2 NO - Flood Zone 3 NO Historic Parks and Gardens NO
Page 43 6.0 Representations and Consultations
6.1 Parish Council
Further comments received 19th January 2020:
The Council's Planning Committee objects to this application on the basis that there is an over-development of the plots of Pond Farm, that the development is intrusive in a wildlife corridor and the additional traffic which will use a single track country lane.
Original comments received 20th December 2019:
The Planning Committee met on 19 December 2019 and requested that this application and the four similar applications relating to Pond Farm (CH/19/03027/FUL, CH/19/03028/FUL, CH/19/03029/FUL, CH/03030/FUL on Wk 51 planning application list) be DEFERRED until a plan of the entire site of Pond Farm is drawn to allow all these applications to be viewed simultaneously.
6.2 Natural England
Further comments received 28th September 2020:
No Objection subject to mitigation
Natural England notes that a unilateral undertaking has been provided which includes a commitment to make financial contributions to the Bird Aware Solent recreational disturbance mitigation project. On this basis Natural England's advice is that if your authority were to carry out an Appropriate Assessment under the Habitats Regulations, an adverse effect on the integrity of the Chichester and Langstone Harbours Special Protection Area (SPA) from recreational disturbance could be ruled out.
Original comments received 17th December 2019:
Since this application will result in a net increase in residential accommodation, impacts to the coastal Special Protection Area(s) and Ramsar Site(s) may result from increased recreational disturbance.
Your authority has measures in place to manage these potential impacts through the agreed strategic solution which we consider to be ecologically sound. Subject to the appropriate financial contribution being secured, Natural England is satisfied that the proposal will mitigate against the potential recreational impacts of the development on the site(s).
Page 44 6.3 WSCC Local Highway Authority
Summary This proposal is for the use of land as travellers caravan site, consisting of 2 no. pitches for 1 mobiles home, 1 touring caravan, boundary treatment and vehicular parking. The existing shed and stables are to be retained.
The site is located on an unadopted road. Access to the maintained highway network is at the junction with Newells Lane, an unclassified road subject to national speed limit in this location. The unadopted road which forms part of the site access is also maintained as Public Right of Way (PROW) Bridleway 3594.
WSCC in its role as Local Highway Authority (LHA) was previously consulted regarding highways matters for this site under application 19/00304/FUL, raising no objections. This application was refused by the planning authority on grounds unrelated to highways.
Content The existing access will be utilised for this proposal and no alterations are proposed. There are no apparent visibility issues at the junction onto Newells Lane. An inspection of collision data provided to WSCC by Sussex Police from a period of the last 5 years reveals no recorded injury accidents attributed to road layout within the vicinity of the site. Therefore there is no evidence to suggest the junction is operating unsafely or that the proposal would exacerbate an existing safety concern.
The application form states that 2 car parking spaces and 2 light goods vehicles spaces are proposed. Whilst technically a withdrawn document, the Good Practice Guide on Designing Gypsy and Traveller Sites (2008) recommended a provision of 2 car parking spaces per pitch. The proposed parking provision is therefore considered sufficient to meet the needs of the site.
The plans have not demonstrated the location of the existing or proposed parking bays. However, there appears to be sufficient space within the proposed site to accommodate the proposed parking provision. There also appears to be sufficient space for on-site turning to be achievable, allowing vehicles to exit the site onto the publicly maintained highway in a forward gear.
Conclusion The LHA does not consider that this proposal would have an unacceptable impact on highway safety or result in 'severe' cumulative impacts on the operation of the highway network, therefore is not contrary to the National Planning Policy Framework (paragraph 109), and that there are no transport grounds to resist the proposal.
If the LPA are minded to approve the application, the following condition should be applied:
Car parking space (details required)
Page 45 No part of the development shall be first occupied until the car parking spaces have been constructed in accordance with plans and details to be submitted to and approved in writing by the Local Planning Authority. These spaces shall thereafter be retained at all times for their designated use.
Reason: To provide car-parking space for the use.
6.4 WSCC PROW (Public Rights of Way)
Thank you for the opportunity to comment on the above application on behalf of PROW (Public Rights of Way). Access to the site both by car and foot is gained via a right of way, Bridleway 3594 and the applicant must take the following comments into consideration.
The applicant is advised that a public access right has precedence over a private access right. Where a PROW runs along a route also used for private access purposes, usually for private vehicle access, this shared use has the potential for accident or injury - the applicant must consider how access is managed so the public is not endangered or inconvenienced.
The development proposes shared use of a PROW with vehicles, which increases the risk of accident or injury to a PROW user. The applicant is asked to introduce signage to advise vehicle drivers of the presence and priority of rights of way users, reduce speed and to act responsibly.
Safe and convenient public access is to be available at all times across the full width of the PROW, which may be wider than the available and used route - advice on the legal width can be provided by the WSCC PROW Team.
It is an offence to damage the surface of a PROW without the prior consent of the WSCC PROW Team. The applicant must supply a specification and secure the approval of the WSCC PROW Team before works affecting the PROW begin, even if the surface is to be improved. Where a PROW surface is damaged and there was no prior consent, the applicant will be liable and required to make good the surface to a standard satisfactory to the WSCC PROW Team.
Where it is necessary to undertake works within the legal width of a PROW, e.g. install utilities, (or for development works immediately adjacent to a PROW that cannot reasonably be managed through different Health and Safety practice) the applicant must be advised to apply to WSCC PROW Team for a temporary path closure. The applicant must be advised there is no guarantee an application will be approved; that a minimum of (2) weeks is needed to consider an application.
The path is not to be obstructed by vehicles, plant, scaffolding or the temporary storage of materials and / or chemicals during any works. These will constitute an offence of obstruction under the Highways Act 1980.
No new structures, such as gates and stiles, are to be installed within the width of the PROW without the prior consent of the WSCC PROW Team. These will constitute an offence of obstruction under the Highways Act 1980.
Page 46 Any down pipes or soakaways associated with the development should discharge into an existing or new drainage system and away from the surface of the PROW. No drainage system is to be installed through the surface of the path without the prior consent of the WSCC PROW Team.
Where the ground levels adjacent to the PROW are to be raised above existing ground levels, this could increase the potential to flood the path. A suitable drainage system must be installed adjacent to the path to a specification agreed with the WSCC PROW Team prior to development commencing.
Any alteration to or replacement of the existing boundary with the PROW, or the erection of new fence lines, must be done in consultation with the WSCC PROW Team to ensure the legal width of the path is not reduced and there is no unlawful encroachment.
Access along a PROW by contractors' vehicles, deliveries or plant is only lawful if the applicant can prove it has a vehicular right; without this an offence under the Road Traffic Act 1988 section 34(1) is being committed.
6.5 CDC Environmental Protection - Noise
Further comments received 20th April 2020:
I refer to previous discussions with respect to the proposal to site a mobile home on Plot A, and my concerns about the potential impact of traffic noise from the nearby A27 on the future occupiers. Thanks for the opportunity to comment on the Noise Assessment subsequently submitted in support of this application, which I have now had the opportunity to read and consider.
I am satisfied that the assessment, in considering the existing sound levels at the proposed location, and the proposed specification for, and positioning of, the mobile home demonstrates that an acceptable level of protection from environmental noise will be achieved. In my view therefore the application is acceptable. It would be necessary however to apply a condition that only a mobile home that complies with British Standard BS 3632:2015 is to be installed, and that the location on the site of the new mobile home is as detailed in this application. This would ensure that the criteria considered by the acoustic consultant in their assessment, would be consistent with the finished article.
Original comments received 20th February 2020:
I am mindful that there will be mobile living accommodation on the site if permission is granted, and that the Planning Authority will not have control over the location of the living accommodation within the plot.
The distances from the southern carriageway of the A27 to the nearest and furthest points of Plot A are approximately 25 metres, and 65 metres respectively. The living accommodation could be placed anywhere within this range.
Page 47 No noise assessment has been provided as part of this application so I have considered experience of noise assessments made in support of other recent applications, within our District, for residential development close to the A27. The most recent example I have seen was an application for permanent brick-built flats at approximately 40 metres from the A27. In that cases, the reports submitted have concluded that suitable double glazing and acoustic trickle ventilation would be required to ensure that an acceptable level of protection from traffic noise was afforded to future occupiers.
Whilst the precise details of the location and potential screening from traffic noise will not be identical at Pond Farm, it seems extremely likely that the levels of traffic noise on the site will be significant. As a rule, materials with greater mass are more resistant to the passage of sound. On that basis I would suggest that the sound insulation offered by the structure of a caravan and a mobile home will be less effective than that of brick-built structures. In my view the applicant in this case would need to carry out and submit a suitable noise assessment and mitigation scheme in order to satisfy the Local Planning authority that there would not be a significant adverse effect on future occupiers. The assessment should take into account the likely levels of sound at the near and far points from the road, and the nature of the accommodation. If noise mitigation measures are required these could potentially include noise control close to the source of the noise, such as a roadside barrier, and a suitable specification for sound insulation of the living accommodation.
6.6 CDC Environmental Strategy
Bats The lighting scheme for the site will need to take into consideration the presence of bats in the local area and the scheme should minimise potential impacts to any bats using the trees, hedgerows and buildings by avoiding unnecessary artificial light spill through the use of directional light sources and shielding.
Nesting Birds Any works to the trees or vegetation clearance on the site should only be undertaken outside of the bird breeding season which takes place between 1st March 1st October. If works are required within this time an ecologist will need to check the site before any works take place (with 24 hours of any work).
We would like a bird box to be installed on a tree within the site area.
Enhancements We require a number of enhancements are incorporated within the scheme and shown with the landscaping strategy. These include;
Any trees removed should be replace at a ratio of 2:1 Filling any gaps in tree lines or hedgerows with native species
We require that gaps are included at the bottom of the fences to allow movement of small mammals across the site.
Page 48 Recreational Disturbance For this application we are satisfied that the only HRA issue is recreational disturbance and as long as the applicant is willing to provide a contribution to the Bird Aware scheme, the standard HRA Screening Matrix and Appropriate Assessment Statement template can be used.
6.7 CDC Drainage
The documents submitted in support of this application suggest that the proposed means of surface water drainage is through on-site infiltration via soak-away structures. This approach is acceptable in principle.
The potential for on-site infiltration should be investigated and backed up by winter groundwater monitoring and winter percolation testing. The results of such investigations will be needed to inform the design of any infiltration structures.
If following site investigations it is concluded that on-site infiltration is viable, infiltration should then be utilised to the maximum extent that is practical (where it is safe and acceptable to do so). Any soakage structures should not be constructed lower than the peak groundwater level. Wherever possible, roads, driveways, parking spaces, paths and patios should be of permeable construction. We would also like to see dedicated discrete soak-away structures for each individual property.
Given the nature of the development, to bring it in line with current guidance, the documentation supporting the drainage design should be able to demonstrate that the infiltration features can accommodate the water from a 1 in 100 year critical storm event, plus an additional 40% climate change allowance.
Should the application be approved we recommend the following conditions be applied to ensure the site is adequately drained:
Development shall not commence until the full details of the proposed surface water drainage scheme have been submitted to, and approved in writing by, the Local Planning Authority. The design should follow the hierarchy of preference for different types of surface water drainage disposal systems, as set out in Approved Document H of the Building Regulations and the SuDS Manual produced by CIRIA. Winter groundwater monitoring, to establish the highest annual ground water levels, and winter percolation testing, to BRE 365 or a similar approved method, will be required to support the design of any infiltration drainage. No building shall be occupied until the complete surface water drainage system serving the property has been implemented in accordance with the agreed details.
Flood Risk: The site falls within flood zone 1 (low risk).
Surface Water Drainage Proposal Checklist The council has created a Surface Water Drainage Proposal Checklist document that can be found in the downloadable documents box on the following webpage:
Page 49 http://www.chichester.gov.uk/landdrainage. This document is designed to clearly outline the council’s expectations and requirements for Surface Water Drainage Proposals. If the applicant wishes to avoid pre-commencement conditions relating to surface water drainage, we ask that they submit detailed surface water drainage proposals in line with the requirements of this checklist. Alternatively if pre-commencement surface water conditions are applied to their application this document should then be used for any subsequent Discharge of Conditions Applications.
6.8 Third party objection comments
None received
6.9 Applicant/Agent's Supporting Information
The applicant/agent has provided the following support information during the course of the application:
a) Design and Access Statement b) Noise Assessment c) Environmental Enhancements d) Landscape Plan
7.0 Planning Policy
The Development Plan
7.1 The Development Plan for the area comprises the Chichester Local Plan: Key Policies 2014-2029, the CDC Site Allocation Development Plan Document and all made neighbourhood plans. The Chidham and Hambrook Neighbourhood Plan was made in June 2016 and forms part of the Development Plan against which applications must be considered.
7.2 The principal planning policies relevant to the consideration of this application are as follows:
Chichester Local Plan: Key Policies 2014-2029
Policy 1: Presumption in Favour of Sustainable Development Policy 2: Development Strategy and Settlement Hierarchy Policy 6: Neighbourhood Development Plans Policy 36: Planning for Gypsies, Travellers and Travelling Showpeople Policy 39: Transport, Accessibility and Parking Policy 42: Flood Risk and Water Management Policy 45: Development in the Countryside Policy 48: Natural Environment Policy 49: Biodiversity Policy 50: Development and Disturbance of Birds in Chichester and Langstone Harbours Special Protection Areas
Page 50 Chidham and Hambrook Neighbourhood Plan
Policy LP1: Land Use Policy EM2: Chichester Harbour Zone of Influence Policy EM3: Visual Amenity Policy DS1: New Development Policy DS2: Parking Provision Policy DS3: Landscaping Policy R2: Public Rights of Way
Chichester Local Plan Review Preferred Approach 2016 - 2035
7.3 Work on the review of the adopted Local Plan to consider the development needs of the Chichester Plan Area through to 2036 is now well underway. Consultation on a Preferred Approach Local Plan has taken place and following detailed consideration of all responses to the consultation, it is intended that the Council will publish a Submission Local Plan under Regulation 19 in March 2021. Following consultation, the Submission Local Plan will be submitted to the Secretary of State for independent examination. In accordance with the Local Development Scheme, it is anticipated that the new Plan will be adopted by the Council in 2022. However, at this stage, it is considered that very limited weight can be attached to the policies contained within the Local Plan Review.
National Policy and Guidance
7.4 Government planning policy now comprises the revised National Planning Policy Framework (NPPF 2019), which took effect from 19 February 2019. Paragraph 11 of the revised Framework states that plans and decisions should apply a presumption in favour of sustainable development, and for decision-taking this means:
c) approving development proposals that accord with an up-to-date development plan without delay; or d) where there are no relevant development plan policies, or the policies which are most important for determining the application are out-of-date, granting permission unless: i. the application of policies in this Framework that protect areas of assets of particular importance provides a clear reason for refusing the development proposed; or ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.
7.5 Consideration should also be given to the following paragraph and sections: Sections 2 (achieving sustainable development), 4 (decision making) and 12 (achieving well-designed places). The Planning Policy for Travellers Sites (2015) is also relevant to the consideration of the application.
Page 51 7.6 The Government's New Homes Bonus (NHB) which was set up in response to historically low levels of housebuilding, aims to reward local authorities who grant planning permissions for new housing. Through the NHB the government will match the additional council tax raised by each council for each new house built for each of the six years after that house is built. As a result, councils will receive an automatic, six-year, 100 per cent increase in the amount of revenue derived from each new house built in their area. It follows that by allowing more homes to be built in their area local councils will receive more money to pay for the increased services that will be required, to hold down council tax. The NHB is intended to be an incentive for local government and local people, to encourage rather than resist, new housing of types and in places that are sensitive to local concerns and with which local communities are, therefore, content. Section 143 of the Localism Act which amends S.70 of the Town and Country Planning Act makes certain financial considerations such as the NHB, material considerations in the determination of planning applications for new housing. The amount of weight to be attached to the NHB will be at the discretion of the decision taker when carrying out the final balancing exercise along with the other material considerations relevant to that application.
Other Local Policy and Guidance
7.7 The following documents are material to the determination of this planning application:
Surface Water and Foul Drainage SPD CDC Waste Storage and Collection Guidance
7.8 The aims and objectives of the Chichester in Partnership Community Strategy 2016- 2029 which are relevant and material to the determination of this planning application are:
Support communities to meet their own housing needs Influence local policies in order to conserve and enhance the qualities and distinctiveness of our area
8.0 Planning Comments
8.1 The main issues arising from this proposal are: i. Principle of development and current gypsy and traveller site provision ii. Impact upon character and appearance of the locality iii. Highways matters iv. Ecological considerations v. Amenity of future occupiers vi. Impact upon Chichester Harbour Special Protection Area (SPA) vii. Planning balance
Page 52 i. Principle of development and current gypsy and traveller site provision
8.2 The Housing Act 2004 places a duty on local authorities to produce assessments of accommodation need for Gypsies, Travellers and Travelling Showpeople (GTTS), to and outline how their needs will be met. The Council published a Gypsy Traveller and Travelling Showpeople Accommodation Assessment (GTAA) in 2013, and this document formed the evidence base for the adopted local plan.
8.3 Policy H of the Planning Policy for Traveller Sites (PPTS) 2015 relates to determining planning applications for traveller sites and requires planning applications to be determined in accordance with the development plan unless material considerations indicate otherwise. It also advises that applications should be assessed and determined in accordance with the presumption in favour of sustainable development and the application of specific policies in the NPPF and planning policy H for traveller sites. Policy 36 of the Local Plan is the most relevant Development Plan Policy for assessing applications for Gypsy and Travellers pitches. The policy sets out the need for pitches and plots for the period up to 2027. It is a criterion based policy which sets out criterion to identify sites and to determine planning applications within the Plan area.
8.4 Since September 2012, which is the base date of the provision figure in the adopted Local Plan, 61 Gypsy and traveller pitches have been granted planning permission and occupied. Against the 2013 GTAA, the Council considerers that it is able to demonstrate an identified 5 year supply of pitches as identified within the adopted Local Plan. The assessment of new sites and the need of occupiers would be considered on a case by case basis with the already met need taken into consideration
8.5 Notwithstanding this, recent appeal decisions, notably appeals 3209147 and 3209145, Land South of Keynor Lane, concluded that the Council does not have a 5 year supply of sites within the District. This is in the context of the publication of the Gypsy, Traveller and Travelling Showpeople Assessment (GTAA) 2019 (revised) which has identified the requirement for a further 66 pitches in five years from 2018. The Inspectors' decisions in relation to Keynor Lane also noted that a number of other Inspectors in recent years had concluded that CDC has an unmet need.
8.6 Whilst the GTAA 2019 (revised) forms part of the evidence base for the emerging local plan and has not yet been through examination, due to the requirement of the Council to update their figures on supply annually (PPTS policy B), reliance on the 2013 GTAA is no longer appropriate, due to it being outdated. The supply evidence within the GTAA 2019 is therefore a significant material consideration which must carry weight in this decision.
8.7 The council is in the process of a full assessment of the best locations for pitches in the District to be assessed through the Local Plan process. The urgent need for permanent pitches and accommodation must be given significant weight and officers consider the principle of the intensification of the site is entirely appropriate on this basis. Furthermore, it should be noted that the additional pitch is intended for the mother of the applicant, and it is considered that the sub-division of an existing site to meet the needs of the family is an appropriate way of managing the need for additional pitches rather than the provision of separate additional pitches.
8.8 It is considered for the above reasons, the proposal can be considered to be acceptable, in principle, subject to the below considerations.
Page 53
ii. Design and impact upon character of the surrounding area
8.9 Paragraph 25 of the PPTS advises that local planning authorities should very strictly limit new traveller site development in open countryside that is away from existing settlements or outside areas allocated in the development plan. Policy 45 of the CLP seeks to ensure that proposals respect and enhance the landscape character of the surrounding area.
8.10 The wider Pond Farm site comprises a relatively flat, rural landscape, with a pond to the eastern side of the site. As the application site is approached from the east, the Public Bridleway (3954) is lined with hedging and trees, screening the Gypsy and Traveller pitches to the south. The Bridleway then slopes down to the application site, where it then opens out into pockets of pasture land and is characterised by open space to the south of the bridleway. The existing Gypsy/Traveller pitch is partly visible from the public bridleway to the north, however is set back with hedging screening and a paddock land acting as a buffer and assisting in minimising the visual impact on the character of the surrounding area. It is notable however that development comprising the previously approved Plot A is clearly discernible over the hedge adjacent to the bridleway.
8.11 The proposed development would partly change the use of an existing paddock to the north of Plot A to an additional pitch. A landscaping scheme is proposed which would see 13 no. native trees and a native species hedgerow planted to the northern and western boundary of Plot A. This would form a landscaping buffer approx. 3.5 metres in depth, with the 13 no. native trees being planted at a height of approx. 3.5-4 metres in height, which would be broadly equivalent to the height of the proposed and existing structures on Plot A. Additionally, it is anticipated that the native hedgerow planting has the potential to reach 2 metres in height within 5 years which is equivalent to the height of the existing close board fences within Plot A.
8.12 The area as a whole maintains an attractive rural character and remains predominantly undeveloped. Without the proposed landscaping buffer it is considered that on balance the mobile home, together with the associated development, would result in an urbanising form of development out of character with the rural area. However as proposed it is considered that the landscape impact would not be significant, and the proposed additional screening of the existing development at Plot A and other development at Pond Farm when viewed from the west of the site is welcomed. It is considered that the views of the site would be limited as a result of the proposed landscaping, and when balanced with the lack of 5 year supply of sites the impact upon not warrant refusal of the application. iii. Highway Matters
8.13 Paragraph 109 of the NPPF states that development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe. Additionally, Policy 39 of the Chichester Local Pan asserts that development should not create problems of safety.
Page 54
8.16 The application proposes to utilise the existing means of highways access from the Gypsy and Traveller site which is along Bridleway 3954 in an easterly direction. WSCC Highways have been consulted on the application commenting that the junction onto Newells Lane is operating in a safe manner, whilst sufficient parking can be provided on site.
8.17 Paragraph 98 of the NPPF 2019 requires the Local Planning Authority consider the impact of a proposal upon the public right of way networks. The additional pitch proposed is considered likely to result in additional traffic using the Public Bridleway. WSCC PROW have not raised objection to this intensification. The advice provided by WSCC PROW to the Applicant regarding operations on or over the PROW is recommended as informatives.
8.18 Overall, the scheme is not considered likely to result in highways safety issues and the proposal is acceptable in accordance with the NPPF 2019 and Policy 39 of the Chichester Local Plan. iv. Ecological Considerations
8.19 Policy 49 of the Chichester Local Plan requires the biodiversity of the site to be safeguarded. The additional pitch would be predominantly laid to lawn, which along with the proposed landscaping buffer, would allow for the movement of ecology across the site and would provide an ecologically sensitive layout. The CDC Environmental Strategy Officer has recommended a number of enhancements that would be secured via a condition recommended to provide net gains for biodiversity for which provision is made under paragraph 175 of the NPPF 2019.
8.20 Following discussions, Natural England do not consider the development will have waste water implications with regard to treated effluent discharges into the catchment of the Solent Maritime SAC and the Chichester and Langstone Harbours SPA and RAMSAR site. Therefore the proposal is acceptable in this respect.
8.21 Subject to compliance with conditions, officers are satisfied that the proposal would not have a detrimental impact upon the biodiversity value of the site. v. Amenity of Future Occupiers
8.22 Policy 36 of the Chichester Local Plan states that proposal will be support where they provide an acceptable level of amenity for the proposed residents and will not have an unacceptable level of impact on the residential amenity of the neighbouring dwellings. Paragraph 26 of the PPTS states that when considering planning application local planning authorities should attach weight to sites being well planned or soft landscaped in such a way as to positively enhance the environment and increase openness.
Page 55 8.23 The site is situated approximately 50 metres south of the A27 and therefore there is the potential for noise disturbance to the future occupiers. It is notable that a number of other residential developments at Pond Farm would be situated in closer proximity to the A27 than the proposed development. A noise assessment has been provided by the applicant which details that should the new mobile home comply with British Standard BS 3632:2015 and be situated in the position shown within the plan; the development would not result in unacceptable noise disturbance to future occupiers. The submitted assessment and conclusion is agreed by the CDC Environmental Protection Officer. A condition is therefore recommended to ensure that the mobile homes are situated as shown on the block plan in the interests of the amenity of future occupiers.
8.24 In respect of the site layout, the site would be largely laid-to-lawn featuring a good standard of amenity space and avoiding the installation of high fencing.
8.25 Overall, the scheme is considered to provide an acceptable standard of amenity to future occupiers. vi. Recreational Disturbance
8.26 Policy 50 of the Chichester Local Plan acknowledges the collective impact which all new dwellings (including caravans) within 5.6km of the Harbour have on the ecology of areas designated within the Solent area under European Species and Habitat Directives and the derived UK Regulations. It adopts the approach, recommended by Natural England, that a contribution is made on a per bedroom basis towards a mitigation project 'Solent Disturbance Mitigation Project'.
8.27 In April 2018 the scale of charging altered to following a sliding scale contribution based on the number of bedrooms, which is used to fund a package of wardens, education, green infrastructure improvements and monitoring. The contribution amount as of April 2020 averages £595.00 per net additional dwelling. The scale charges differ according to the number of people expected to live in the property which is calculated per bedroom. As mobile homes vary in the number of bedrooms, the charge is taken to be the average amount per mobile home, which for this application equates to £595.00.
8.28 The LPA have undertaken an appropriate assessment and concluded that as the completed Unilateral Undertaking and payment have been received; the proposal would not have a significant impact upon the Chichester and Langstone Harbour SPA and the requirements of policy 50 would be met and for this reason the recommendation is to permit with S106. vii. Planning Balance
8.29 The Council cannot demonstrate a 5 year land supply to meet an up-to-date locally set target and this is a material consideration of significant weight. There is also a significant level of unmet need in the District and again that it is a significant material consideration in favour of the proposal.
Page 56 8.30 The site is not located within any statutory protected landscape, although it is recognised that where would be a small impact on the rural character of the area. The identified harm to the character of the area however would not outweigh the level of unmet need within the district; the lack of a 5 year supply. Additionally, the landscaping scheme proposed would further screen the authorised pitches at Pond Farm from the view of users of the Public Bridleway and therefore there would be some enhancement to the rural character and appearance of the area arising from the proposal. There are no particular personal circumstances to consider; however the supporting information indicates that the pitch would provide accommodation of the relative of the applicant and it is consider than a sub- division of an existing site to meet the needs of an existing family is an appropriate way to manage the local need for additional pitches.
8.31 For the reasons above, it is concluded that there is a sound justification for the proposal to be supported.
Conclusion
8.32 For the reasons set out above it is considered that the significant deficit in supply of gypsy and traveller pitches identified in the GTAA 2019 (revised) would outweigh the low level of harm to the character of the area, and the significant improvement to the landscaping and the associated ecological enhancements would benefit the site and its surroundings. Therefore on balance the proposed development would be acceptable subject to conditions.
Human Rights
8.33 In reaching this conclusion the Human Rights of the applicants and nearby occupiers have been taken into account and it is concluded that the recommendation to permit is justified and proportionate.
8.34 In reaching the above conclusion Officers have taken into account rights under Article 8 and Article 1 of the First Protocol of Human Rights and concluded there would be no breach if planning permission were to be granted.
RECOMMENDATION PERMIT WITH S106 subject to the following conditions and informatives:-
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) The development hereby permitted shall be carried out in accordance with the plans listed below under the heading "Decided Plans"
Reason: For the avoidance of doubt and in the interests of proper planning.
Page 57 3) The site shall not be occupied by any persons other than gypsies and travellers as defined in Annex 1: Glossary of Planning Policy for Traveller Sites dated August 2015 (or its equivalent in replacement national policy).
Reason: To accord with the terms of the application and in the interests of proper planning.
4) No more than 4 caravans shall be stationed on the site at any one time, and no more than 2 of those 4 permitted caravans shall be a static caravan. All caravans stationed on the site shall comply with the definition of caravans as set out in Section 29 of the Caravan Sites and Control of Development Act 1960 and Section 13 of the Caravan Sites Act, as amended.
Reason: To accord with the terms of the application and to ensure satisfactory planning of the area.
5) Development shall not commence until the full details of the proposed surface water drainage scheme have been submitted to, and approved in writing by, the Local Planning Authority. The design should follow the hierarchy of preference for different types of surface water drainage disposal systems, as set out in Approved Document H of the Building Regulations and the SuDS Manual produced by CIRIA. Winter groundwater monitoring, to establish the highest annual ground water levels, and winter percolation testing, to BRE 365 or a similar approved method, will be required to support the design of any infiltration drainage. No building shall be occupied until the complete surface water drainage system serving the property has been implemented in accordance with the agreed details.
Reason: Reason: To ensure the efficient maintenance and ongoing operation for the SUDS system and to ensure best practice in line with guidance set out in the SUDS Manual CIRIA publication ref: C687 Chapter 22. The details are required pre- commencement to ensure the SUDS are designed appropriately and properly maintained and managed as soon as they are installed.
Page 58 6) The caravan(s) hereby permitted shall not be situated on the site until a scheme for ecological enhancements has been submitted to and approved in writing by the Local Planning Authority. This scheme shall make provision for the incorporation of the following measures: a) Provision of a minimum of 1 no. bat box b) Provision of a minimum of 1 no. bird box c) Any trees removed should be replace at a ratio of 2:1 d) Filling any gaps in tree lines or hedgerows with native species e) Gaps are included at the bottom of the fences to allow movement of small mammals across the site.
Thereafter the approved scheme shall be fully implemented in accordance with the approved details prior to first occupation of the caravan(s) hereby permitted.
Reason: to ensure suitable biodiversity enhancements are achieved in the interest of conservation of the natural environment.
7) The submitted landscaping scheme produced by B. Wooding CMLI as shown on the Landscape Plan shall be fully and strictly implemented in accordance with the approved plans in the first planting season after practical completion or prior to first occupation of the development, whichever is earlier, unless otherwise first agreed in writing by the Local Planning Authority. The works shall be carried out in accordance with the approved details and in accordance with the recommendations of the appropriate British Standards or other recognised codes of good practice. Any trees or plants which, within a period of 5 years after planting, are removed, die or become seriously damaged or defective, shall be replaced as soon as is reasonably practicable with others of species, size and number as originally approved unless otherwise first agreed in writing by the Local Planning Authority.
Reason: In the interests of the visual amenities of the locality
8) No part of the development hereby permitted shall be first occupied until the car parking and touring caravan spaces has been constructed and laid out in accordance with the approved site plan and the details specified within the application form. These spaces shall thereafter be retained at all times for their designated purpose.
Reason: In the interests of ensuring sufficient car parking on-site to meet the needs of the development.
9) The pitch hereby permitted shall not be occupied unless and until a minimum of 1 car charging point has been provided and operational in accordance with details that shall first have been submitted to and approved in writing by the Local Planning Authority. Thereafter the car charging points shall be maintained and remain operational in perpetuity, unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of encouraging the use of sustainable modes of transport.
Page 59 10) No vehicle over 3.5 tonnes shall be stationed, parked or stored on the site.
Reason: In the interest of amenity, the users of the bridleway and the countryside location
11) Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The bund capacity shall give 110% of the total volume for single and hydraulically linked tanks. If there is multiple tankage, the bund capacity shall be 110% of the largest tank or 25% of the total capacity of all tanks, whichever is the greatest. All filling points, vents, gauges and sight glasses and overflow pipes shall be located within the bund. There shall be no outlet connecting the bund to any drain, sewer or watercourse or discharging into the ground. Associated pipework shall be located above ground where possible and protected from accidental damage.
Reason: To enable the Local Planning Authority to retain control over the development which may be injurious to the amenities of the area and of neighbouring properties and to prevent pollution.
12) The static caravans hereby approved shall only be situated in the locations shown on plan 002 unless otherwise agreed in writing with the Local Planning Authority.
Reason: In the interest of the visual amenity of the site and the amenity of future occupiers with specific regard to noise arising from the proximity to the A27.
13) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting or amending that Order) no walls, fences, gates, or other means of enclosure (including bunding) shall be erected, or placed within/to the boundary of the plot anywhere on the application site unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of visual amenity.
14) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting or amending that Order) no commercial activities whatsoever shall take place on the land.
Reason: In the interests of neighbouring amenity and to ensure the protection of this countryside location.
Page 60 15) Notwithstanding the Town and Country Planning (General Permitted Development) Order 2015, as amended, there shall be no external illumination on the development hereby permitted other than in accordance with a lighting scheme that shall first have been submitted to and approved in writing by the Local Planning Authority. The lighting scheme shall include details of the proposed location, design, level of luminance and any measures to avoid light spillage. The lighting scheme shall thereafter be maintained in accordance with the approved details in perpetuity.
Reason: In the interests of protecting the environment and local residents from light pollution and in the interests of preserving the nature conservation interests of the area.
Decided Plans
The application has been assessed and the decision is made on the basis of the following plans and documents submitted:
Details Reference Version Date Received Status
PLAN - Site Location Plan 001 26.11.2019 Approved (A4)
PLAN - Site Block Plan 002 26.11.2019 Approved (A3)
PLANS - Plans PLAN - Landscape 09.04.2020 Approved Plan
INFORMATIVES
1) 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.
2) S106 This permission shall be read in conjunction with an Agreement made under Section 106 of the Town and Country Planning Act, 1990.
Page 61 3) The developer's attention is drawn to the provisions of the Wildlife and Countryside Act 1981, the Conservation (Natural Habitats etc) Regulations 1994, and to other wildlife legislation (for example Protection of Badgers Act 1992, Wild Mammals Protection Act 1996). These make it an offence to kill or injure any wild bird intentionally, damage or destroy the nest of any wild bird intentionally (when the nest is being built or is in use), disturb, damage or destroy and place which certain wild animals use for shelter (including badgers and all bats and certain moths, otters, water voles and dormice), kill or injure certain reptiles and amphibians (including adders, grass snakes, common lizards, slow-worms, Great Crested newts, Natterjack toads, smooth snakes and sand lizards), and kill, injure or disturb a bat or damage their shelter or breeding site. Leaflets on these and other protected species are available free of charge from Natural England.
The onus is therefore on you to ascertain whether any such species are present on site, before works commence. If such species are found or you suspected, you must contact Natural England (at: Natural England, Sussex and Surrey Team, Phoenix House, 32-33 North Street, Lewes, East Sussex, BN7 2PH, 01273 476595, [email protected]) for advice. For nesting birds, you should delay works until after the nesting season (1 March to 31 August).
4) Surface Water Drainage Proposal Checklist The council has created a Surface Water Drainage Proposal Checklist document that can be found in the downloadable documents box on the following webpage: http://www.chichester.gov.uk/landdrainage. This document is designed to clearly outline the council’s expectations and requirements for Surface Water Drainage Proposals. If the applicant wishes to avoid pre-commencement conditions relating to surface water drainage, we ask that they submit detailed surface water drainage proposals in line with the requirements of this checklist. Alternatively if pre- commencement surface water conditions are applied to their application this document should then be used for any subsequent Discharge of Conditions Applications.
5) It is an offence to damage the surface of a PROW without the prior consent of the WSCC PROW Team. The applicant must supply a specification and secure the approval of the WSCC PROW Team before works affecting the PROW begin, even if the surface is to be improved. Where a PROW surface is damaged and there was no prior consent, the applicant will be liable and required to make good the surface to a standard satisfactory to the WSCC PROW Team.
6) Where it is necessary to undertake works within the legal width of a PROW, e.g. install utilities, (or for development works immediately adjacent to a PROW that cannot reasonably be managed through different Health and Safety practice) the applicant must be advised to apply to WSCC PROW Team for a temporary path closure. The applicant must be advised there is no guarantee an application will be approved; that a minimum of (2) weeks is needed to consider an application.
7) The path is not to be obstructed by vehicles, plant, scaffolding or the temporary storage of materials and / or chemicals during any works. These will constitute an offence of obstruction under the Highways Act 1980.
Page 62 8) No new structures, such as gates and stiles, are to be installed within the width of the PROW without the prior consent of the WSCC PROW Team. These will constitute an offence of obstruction under the Highways Act 1980.
9) Any down pipes or soakaways associated with the development should discharge into an existing or new drainage system and away from the surface of the PROW. No drainage system is to be installed through the surface of the path without the prior consent of the WSCC PROW Team.
10) Any alteration to or replacement of the existing boundary with the PROW, or the erection of new fence lines, must be done in consultation with the WSCC PROW Team to ensure the legal width of the path is not reduced and there is no unlawful encroachment.
11) The Mobile Homes hereby permitted shall only be located in the locations shown on plan 002 and shall only be of a type that accords with British Standard BS 3632:2015. This is to ensure that the future occupiers of the site are adequately protected from noise disturbance
For further information on this application please contact William Price on 01243 534734
To view the application use the following link - https://publicaccess.chichester.gov.uk/online- applications/applicationDetails.do?activeTab=summary&keyVal=Q17YRKER0PD00
Page 63 This page is intentionally left blank Agenda Item 6
Parish: Ward: Chidham & Hambrook Harbour Villages
CH/20/00638/FUL
Proposal Use of land as a Gypsy and Travellers caravan site consisting of 1 no. pitch containing, 1 no. mobile home and 1 no. touring caravan.
Site Plot C2 Pond Farm Newells Lane West Ashling Chichester West Sussex PO18 8DF
Map Ref (E) 479656 (N) 106384
Applicant Mr Hughes Agent Dr Angus Murdoch
RECOMMENDATION TO PERMIT WITH S106
Note: Do not scale from map. For information only. Reproduced NOT TO from the Ordnance Survey Mapping with the permission of the SCALE controller of Her Majesty's Stationery Office, Crown Copyright. License No. 100018803
Page 65 1.0 Reason for Committee Referral
1.1 Parish Objection - Officer recommends Permit
2.0 The Site and Surroundings
2.1 The application site is located on the western side of Newells Lane, and immediately south of the A27. The site, known as Plot C2 Pond Farm, is located to the south-east corner of Pond Farm, which is a cluster of lawful temporary and permanent gypsy and traveller sites.
2.2 Plot C2 comprises an existing gypsy and traveller pitch, previously approved on a temporary five year basis in 2014 (LPA ref 13/02949/FUL), accessed via a part tarmacked/ part gravelled track forming part of the Bridleway network (Bridleway 3594). The parcel of land which is the subject of this application comprises a mobile home, timber clad day room, timber stables and timber outbuildings used as Pidgeon lofts. The majority of the site is laid to gravel surface. The site contained by neighbouring pitches to the west and east.
3.0 The Proposal
3.1 The application seeks planning permission for the use of land as a Gypsy and Travellers caravan site consisting of 1 no. pitch containing, 1 no. mobile home and 1 no. touring caravan.
4.0 History
98/01388/FUL REF Retention of 2 no site cabins and their use for residential purposes.
98/01644/FUL REF Erection of block of sixteen stables and establishment of stud farm.
98/01645/FUL REF Retention of access tracks and hardstanding.
99/01845/FUL REF Erection of block of fourteen stables: Tack room: Staff: Food and Hay Store and private ways.
06/05017/FUL REF Siting of 1 no. mobile home for settled gypsy accommodation. Siting of 1 no. touring caravan and installation of septic tank.
08/02836/FUL REF Stationing on the land 2 no. caravans for settled gypsy accommodation. Retention of ancillary residential accommodation.
11/02367/FUL REF Siting of 1 no. mobile home for settled gypsy accommodation.
Page 66 13/02970/FUL PER Proposed change of use of land to a twin pitch Gypsy site for a 5 year period to provide settled accommodation; alternative revised application to CH/12/01282/FUL following 5 year appeal permissions for adjacent plots.
20/00642/FUL PDE Use of land as a Gypsy and Travellers caravan site consisting of 2 no. pitch containing 1 no. mobile home and 1 no. touring caravan.
5.0 Constraints
Listed Building NO Conservation Area NO Rural Area YES AONB NO Tree Preservation Order YES EA Flood Zone - Flood Zone 2 NO - Flood Zone 3 NO Historic Parks and Gardens NO
6.0 Representations and Consultations
6.1 Parish Council
The Parish Council objects to this planning application on the basis that:
- There is insufficient detail to show where the mobile home and the touring caravan would be positioned and as both are large and moveable vehicles, they would have to move on and off site along a very long and single track without visible passing places.
- There is an over-development of the plots of Pond Farm, that the development is intrusive in a wildlife corridor and the additional traffic which will use a single track country lane.
6.2 Natural England
Comments received 27th August 2020:
Since this application will result in a net increase in residential accommodation, impacts to the coastal Special Protection Area(s) and Ramsar Site(s) may result from increased recreational disturbance.
Your authority has measures in place to manage these potential impacts through the agreed strategic solution which we consider to be ecologically sound. Subject to the appropriate financial contribution being secured, Natural England is satisfied that the proposal will mitigate against the potential recreational impacts of the development on the site(s).
Page 67
Summary of comments provided 7th April 2020:
Since this application will result in a net increase in residential accommodation, impacts to the coastal Special Protection Area(s) and Ramsar Site(s) may result from increased recreational disturbance.
Your authority has measures in place to manage these potential impacts through the agreed strategic solution which we consider to be ecologically sound. Subject to the appropriate financial contribution being secured, Natural England is satisfied that the proposal will mitigate against the potential recreational impacts of the development on the site(s).
6.3 WSCC Local Highway Authority
Summary This proposal is for the use of land for as gypsy and traveller site, containing one mobile home and one touring caravan. The site is located on a private road off Newells Lane, an unclassified road subject to a speed restriction of 60 mph. The privately maintained lane, which forms part of the site access, is maintained as Public Right of Way (PROW) Bridleway 3594.
Content The existing access will be utilised for this proposal and no alterations are proposed. There are no apparent visibility issues at the access on Newells Lane. An inspection of collision data provided to WSCC by Sussex Police from a period of the last five years reveals no recorded injury accidents within the vicinity of the site. Therefore, there is no evidence to suggest the existing access is operating unsafely or that the proposal would exacerbate an existing safety concern.
Part of the privately maintained lane between Newells Lane and the site is maintained as Bridleway 3594. It is conceivable that the PROW (Public Right of Way) will be affected by an increase in vehicular traffic either before or after the development is completed.
Developers/landowners should ensure that public use of the PROW takes precedence over private vehicular traffic. It is a criminal offence to damage the surface of a PROW and the consent of the County Council must be sought for the route to be resurfaced even if the surface is to be improved. The applicant would be liable for any damage to the surface arising from this exercise of private access rights.
The applicant should be aware that residents should not be expected to carry waste more than 30m to a refuse storage point, although this is an amenity issue. Furthermore, a fire appliance should be able to get within 45 m of a building from the highway in order to serve it.
Page 68 Whilst technically a withdrawn document, the Good Practice Guide on Designing Gypsy and Traveller Sites (2008) recommended a provision of two car parking spaces per pitch. The applicant proposes two car parking spaces per pitch; as such, the LHA considers the proposed parking provision to be sufficient. There also appears to be sufficient space for on-site turning to be achievable, allowing vehicles to exit the site onto the publicly maintained highway in a forward gear.
The applicant has not demonstrated cycle parking. If the LPA believe that cycle parking is justifiable for this application, the applicant should demonstrate this in the form of secure and covered cycle storage.
Conclusion The LHA does not consider that this proposal would have an unacceptable impact on highway safety or result in 'severe' cumulative impacts on the operation of the highway network, therefore is not contrary to the National Planning Policy Framework (paragraph 109), and that there are no transport grounds to resist the proposal.
If the LPA are minded to approve the application, the following condition should be applied:
Car parking space (details approved) 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
6.4 CDC Environmental Strategy
Bats The hedgerows on site are used by bats for commuting and foraging and will need to be retained and enhanced for bats. This will include having a buffer strip around the hedgerows and during any construction fencing should be used to ensure this area is undisturbed. Any gaps should also be filled in using native hedge species to improve connectivity. Conditions should be used to ensure this.
The lighting scheme for the site will need to take into consideration the presence of bats in the local area and the scheme should minimise potential impacts to any bats using the trees, hedgerows and buildings by avoiding unnecessary artificial light spill through the use of directional light sources and shielding.
We require that a bat box to be installed a tree onsite facing south/south westerly positioned 3-5m above ground.
Nesting Birds Any works to the trees or vegetation clearance on the site should only be undertaken outside of the bird breeding season which takes place between 1st March 1st October. If works are required within this time an ecologist will need to check the site before any works take place (within 24 hours of any work).
Page 69 We would like a bird box to be installed a tree within the site.
Recreational Disturbance For this application we are satisfied that the only HRA issue is recreational disturbance and as long as the applicant is willing to provide a contribution to the Bird Aware scheme, the standard HRA Screening Matrix and Appropriate Assessment Statement template can be used.
6.5 CDC Drainage
Flood Risk: The site is wholly within flood zone 1 (low risk), and the proposal is to drain the development via soakaways which is acceptable in principle. We therefore have no objection to the proposal on flood risk grounds.
6.6 Third party objection comments
None received
7.0 Planning Policy
The Development Plan
7.1 The Development Plan for the area comprises the Chichester Local Plan: Key Policies 2014-2029, the CDC Site Allocation Development Plan Document and all made neighbourhood plans. The Chidham and Hambrook Neighbourhood Plan was made in June 2016 and forms part of the Development Plan against which applications must be considered.
7.2 The principal planning policies relevant to the consideration of this application are as follows:
Chichester Local Plan: Key Policies 2014-2029
Policy 1: Presumption in Favour of Sustainable Development Policy 2: Development Strategy and Settlement Hierarchy Policy 6: Neighbourhood Development Plans Policy 36: Planning for Gypsies, Travellers and Travelling Showpeople Policy 39: Transport, Accessibility and Parking Policy 45: Development in the Countryside Policy 48: Natural Environment Policy 49: Biodiversity Policy 50: Development and Disturbance of Birds in Chichester and Langstone Harbours Special Protection Areas
Page 70 Chidham and Hambrook Neighbourhood Plan
Policy LP1: Land Use Policy EM2: Chichester Harbour Zone of Influence Policy EM3: Visual Amenity Policy DS1: New Development Policy DS2: Parking Provision Policy DS3: Landscaping Policy R2: Public Rights of Way
Chichester Local Plan Review Preferred Approach 2016 - 2035
7.3 Work on the review of the adopted Local Plan to consider the development needs of the Chichester Plan Area through to 2036 is now well underway. Consultation on a Preferred Approach Local Plan has taken place and following detailed consideration of all responses to the consultation, it is intended that the Council will publish a Submission Local Plan under Regulation 19 in March 2021. Following consultation, the Submission Local Plan will be submitted to the Secretary of State for independent examination. In accordance with the Local Development Scheme, it is anticipated that the new Plan will be adopted by the Council in 2022. However, at this stage, it is considered that very limited weight can be attached to the policies contained within the Local Plan Review.
National Policy and Guidance
7.4 Government planning policy now comprises the revised National Planning Policy Framework (NPPF 2019), which took effect from 19 February 2019. Paragraph 11 of the revised Framework states that plans and decisions should apply a presumption in favour of sustainable development, and for decision-taking this means:
c) approving development proposals that accord with an up-to-date development plan without delay; or d) where there are no relevant development plan policies, or the policies which are most important for determining the application are out-of-date, granting permission unless: i. the application of policies in this Framework that protect areas of assets of particular importance provides a clear reason for refusing the development proposed; or ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.
7.5 Consideration should also be given to the following paragraph and sections: Sections 2 (achieving sustainable development), 4 (decision making) and 12 (achieving well-designed places). The Planning Policy for Travellers Sites (2015) is also relevant to the consideration of the application.
Page 71 Other Local Policy and Guidance
7.6 The following documents are material to the determination of this planning application:
Surface Water and Foul Drainage SPD CDC Waste Storage and Collection Guidance
7.7 The aims and objectives of the Chichester in Partnership Community Strategy 2016- 2029 which are relevant and material to the determination of this planning application are:
Support communities to meet their own housing needs Influence local policies in order to conserve and enhance the qualities and distinctiveness of our area
8.0 Planning Comments
8.1 The main issues arising from this proposal are: i. Principle of development and current gypsy and traveller site provision ii. Impact upon the character and appearance of the locality iii. Highways Matters iv. Ecological Considerations v. Impact upon Chichester Harbour Special Protection Area (SPA) vi. Planning Balance i. Principle of development and current gypsy and traveller site provision
8.2 The Housing Act 2004 places a duty on local authorities to produce assessments of accommodation need for Gypsies, Travellers and Travelling Showpeople (GTTS), to and outline how their needs will be met. The Council published a Gypsy Traveller and Travelling Showpeople Accommodation Assessment (GTAA) in 2013, and this document formed the evidence base for the adopted local plan.
8.3 Policy H of the Planning Policy for Traveller Sites (PPTS) 2015 relates to determining planning applications for traveller sites and requires planning applications to be determined in accordance with the development plan unless material considerations indicate otherwise. It also advises that applications should be assessed and determined in accordance with the presumption in favour of sustainable development and the application of specific policies in the NPPF and planning policy H for traveller sites. Policy 36 of the Local Plan is the most relevant Development Plan Policy for assessing applications for Gypsy and Travellers pitches. The policy sets out the need for pitches and plots for the period up to 2027. It is a criterion based policy which sets out criterion to identify sites and to determine planning applications within the Plan area.
8.4 Since September 2012, which is the base date of the provision figure in the adopted Local Plan, 61 Gypsy and traveller pitches have been granted planning permission and occupied. Against the 2013 GTAA, the Council considerers that it is able to demonstrate an identified 5 year supply of pitches as identified within the adopted Local Plan. The assessment of new sites and the need of occupiers would be considered on a case by case basis with the already met need taken into consideration
Page 72
8.5 Notwithstanding this, recent appeal decisions, notably appeals 3209147 and 3209145, Land South of Keynor Lane, concluded that the Council does not have a 5 year supply of sites within the District. This is in the context of the publication of the Gypsy, Traveller and Travelling Showpeople Assessment (GTAA) 2019 (revised) which has identified the requirement for a further 66 pitches in five years from 2018. The Inspectors' decisions in relation to Keynor Lane also noted that a number of other Inspectors in recent years had concluded that CDC has an unmet need.
8.6 Whilst the GTAA 2019 (revised) forms part of the evidence base for the emerging local plan and has not yet been through examination, due to the requirement of the Council to update their figures on supply annually (PPTS policy B), reliance on the 2013 GTAA is no longer appropriate, due to it being outdated. The supply evidence within the GTAA 2019 is therefore a significant material consideration which must carry weight in this decision.
8.7 An Inspector previously granted temporary permission for the site to allow time for the Council to complete a review of available sites and allocate land to meet the identified need. The council is in the process of a full assessment of the best locations for pitches in the District to be assessed through the Local Plan process. The urgent need for permanent pitches and accommodation must be given significant weight and officers consider the ongoing use of the site is entirely appropriate and it would be unreasonable to refuse a permanent permission on the site given the Council is unable to demonstrate that there is a more suitable site for the provision of a pitch following the expiry of the temporary planning permission.
8.8 It is considered for the above reasons, the proposal can be considered to be acceptable, in principle, subject to the below considerations. ii. Impact upon the character and appearance of the locality
8.9 Paragraph 25 of the PPTS advises that local planning authorities should very strictly limit new traveller site development in open countryside that is away from existing settlements or outside areas allocated in the development plan. Policy 45 of the CLP seeks to ensure that proposals respect and enhance the landscape character of the surrounding area.
8.10 The application site is an area characterised by meadow land, with a pond to the east of the application site. A Public Bridleway runs immediately north of the site (3954), whilst Bridleway 260 runs approx. 50 metres adjacent to the south of the site. When viewing the site from Bridleway 3954 to the north of the site, the predominant views of Pond Farm are those of authorised permanent pitches. Bridleway 260 to the south of the site is lined with mature vegetation and trees to the north behind which is sited pasture land, with additional pasture land situated to the south. Along the southern side of the bridleway, in close proximity to Newells Lane, are the residential properties Newells Green and Orchard Cottage. The character of the right of way is one of enclosure by such mature vegetation in this location, giving the user a feeling of being immersed in the countryside. Whilst some views of the application site are possible from Bridleway 260, these could not be considered to be unduly intrusive as a result of the distance and the presence of a paddock to the south of the application site, whilst mature planting along the bridleway also assists in providing a sense of detachment from the development when viewed from the south. Limited views of the site are possible from Newells Lane due to a combination of mature vegetation and set back from the public highway.
Page 73
8.11 The area as a whole maintains an attractive rural character and remains predominantly undeveloped. Due to the limited views available of the site it is considered that on balance the mobile home together with the associated development would result in an urbanising form of development out of character with the rural area, albeit to only a small degree. The proposed development would therefore not result in a degree of harm to the character of the surrounding rural area that would be harmful.
8.12 The impact on the landscape character of the area must be weighed up against the lack of a 5 year supply of sites and it is considered that the impact identified would not warrant refusal. iii. Highways Matters
8.13 Paragraph 109 of the NPPF states that development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe. Additionally, Policy 39 of the Chichester Local Pan asserts that development should not create problems of safety.
8.14 The application proposes to utilise the existing means of highways access from the gypsy and traveller site which is along Bridleway 3954 in an easterly direction. WSCC Highways have been consulted on the application commenting that the junction onto Newells Lane is operating in a safe manner, whilst sufficient parking can be provided on site.
8.15 Paragraph 98 of the NPPF 2019 requires the Local Planning Authority consider the impact of a proposal upon the public right of way networks. The proposal is for an additional pitch comprising 1 no. mobile home and 1 no. touring caravan and it is notable that the use of the land for the stationing of a caravan has taken place on Plot C2 since 2014. Officers therefore consider that the proposal would not give rise to an increase in vehicular movements when compared to the existing circumstances to the extent that the proposal would have a detrimental impact upon Bridleway 3954.
8.16 WSCC Highways have commented that residents should not have to travel should not be expected to carry waste more than 30m to a refuse storage point. This is an amenity consideration and there is no evidence has been presented to officers that the current arrangement is unsatisfactory. WSCC Highways have also commented that a fire appliance should be able to get within 45 m of a building from the highway in order to serve it. This can be managed via a condition requiring a fire hydrant or stored water supply to be installed to serve the development, should a distance of 45 metres be unachievable, to ensure that appropriate provision is made for West Sussex Fire and Rescue Service in the event of a fire on the site.
8.17 Overall, the scheme is not considered likely to result in highways safety issues and the proposal is acceptable in accordance with the NPPF 2019 and Policy 39 of the Chichester Local Plan.
Page 74 iv. Ecological Considerations
8.18 Policy 49 of the Chichester Local Plan requires the biodiversity of the site to be safeguarded.
8.19 The granting of a temporary permission in 2014 has ensured that the operational development on the site with regard to outbuildings and hardstanding has already taken place. A precautionary approach with regard to nesting birds and bats is therefore considered proportionate and appropriate in this instance. The CDC Environmental Strategy Officer has recommended a number of enhancements that can be secured via the recommended condition in order to provide net gains for biodiversity for which provision is made under paragraph 175 of the NPPF 2019.
8.20 Following discussions, Natural England do not consider the development will have waste water implications with regard to treated effluent discharges into the catchment of the Solent Maritime SAC and the Chichester and Langstone Harbours SPA and RAMSAR site. Therefore the proposal is acceptable in this respect.
8.21 Subject to compliance with conditions, officers are satisfied that the proposal would not have a detrimental impact upon the biodiversity value of the site. v. Recreational Disturbance
8.22 Policy 50 of the Chichester Local Plan acknowledges the collective impact which all new dwellings (including caravans) within 5.6km of the Harbour have on the ecology of areas designated within the Solent area under European Species and Habitat Directives and the derived UK Regulations. It adopts the approach, recommended by Natural England, that a contribution is made on a per bedroom basis towards a mitigation project 'Solent Disturbance Mitigation Project'.
8.23 In April 2018 the scale of charging altered to following a sliding scale contribution based on the number of bedrooms, which is used to fund a package of wardens, education, green infrastructure improvements and monitoring. The contribution amount as of April 2020 averages £595.00 per net additional dwelling. The scale charges differ according to the number of people expected to live in the property which is calculated per bedroom. As mobile homes vary in the number of bedrooms, the charge is taken to be the average amount per mobile home, which for this application equates to £595.00.
8.24 The LPA have undertaken an appropriate assessment and concluded that as the completed Unilateral Undertaking and payment have been received; the proposal would not have a significant impact upon the Chichester and Langstone Harbour SPA and the requirements of policy 50 would be met.
Page 75 vi. Planning Balance
8.25 The Council cannot demonstrate a 5 year land supply to meet an up-to-date locally set target and this is a material consideration of significant weight. There is also a significant level of unmet need in the District and again that it is a significant material consideration in favour of the proposal.
8.26 The application relates to an existing site authorised on a temporary basis that does not result in ecological or highways concerns.
8.27 The site is not located within any statutory protected landscape, although it is recognised that where would be an impact on the rural character of the area. The identified harm to the character of the area however would not be significant and would not outweigh the level of unmet need within the district and the lack of a 5 year supply. Additionally, a landscaping condition is recommended requiring planting to the rear of the site which would further screen views of the site from bridleway 260 which would minimise the level of harm identified.
8.28 For the reasons above, it is concluded that there is a sound justification for the proposal to be supported.
Conclusion
8.29 For the reasons set out above it is considered that the significant deficit in supply of gypsy and traveller pitches identified in the GTAA 2019 (revised) would outweigh the low level of harm to the character of the area, and therefore on balance the proposed development would be acceptable subject to conditions.
Human Rights
8.30 In reaching this conclusion the Human Rights of the applicants and nearby occupiers have been taken into account and it is concluded that the recommendation to permit is justified and proportionate.
8.31 In reaching the above conclusion Officers have taken into account rights under Article 8 and Article 1 of the First Protocol of Human Rights and concluded there would be no breach if planning permission were to be granted.
Page 76 RECOMMENDATION PERMIT WITH S106 subject to the following conditions and informatives:-
1) The development hereby permitted shall be carried out in accordance with the plans listed below under the heading "Decided Plans"
Reason: For the avoidance of doubt and in the interests of proper planning.
2) The site shall not be occupied by any persons other than gypsies and travellers as defined in Annex 1: Glossary of Planning Policy for Traveller Sites dated August 2015 (or its equivalent in replacement national policy).
Reason: To accord with the terms of the application and in the interests of proper planning.
3) No more than 2 caravans shall be stationed on the site at any one time, and no more than 1 of those 2 permitted caravans shall be a static caravan. All caravans stationed on the site shall comply with the definition of caravans as set out in Section 29 of the Caravan Sites and Control of Development Act 1960 and Section 13 of the Caravan Sites Act, as amended.
Reason: To accord with the terms of the application and to ensure satisfactory planning of the area.
4) Within six months of the permission hereby granted, the car parking and caravan touring spaces has been constructed and laid out in accordance with the approved site plan and the details specified within the application form. These spaces shall thereafter be retained at all times for their designated purpose unless otherwise agreed in writing by the LPA.
Reason: In the interests of ensuring sufficient car parking on-site to meet the needs of the development.
5) Within 3 months of the date of the permission hereby granted, details showing the precise location of 1 no. fire hydrant, installation and ongoing maintenance of the fire hydrants to be supplied (in accordance with the West Sussex Fire and Rescue Guidance Notes) shall be submitted in writing to the Local Planning Authority Within 3 months of the approval of these details, in consultation with West Sussex County Council's Fire and Rescue Services, the fire hydrant shall be installed in strict accordance with the details agreed and shall thereafter be maintained in accordance with the approved details.
Reason: In the interests of amenity and in accordance with The F&RS Act 2004.
Page 77 6) Within 6 months of the date of this permission a scheme for ecological enhancements has been submitted to and approved in writing by the Local Planning Authority. The ecological enhancements shall include as a minimum the following measures: a) any trees removed should be replace at a ratio of 2:1 b) filling any gaps in tree lines or hedgerows with native species c) bat and bird boxes installed on the site, and d) provision of gaps at the bottom of the fences to allow movement of small mammals across the site.
Thereafter the approved scheme shall be fully implemented in accordance with the approved details within 12 months of the date of this permission.
Reason: To ensure suitable biodiversity enhancements are achieved in the interest of conservation of the natural environment.
7) Within 6 months of the approval hereby issued, a minimum of 1 car charging point has been provided and operational in accordance with details that shall first have been submitted to and approved in writing by the Local Planning Authority. Thereafter the car charging points shall be maintained and remain operational in perpetuity, unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of encouraging the use of sustainable modes of transport.
8) Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The bund capacity shall give 110% of the total volume for single and hydraulically linked tanks. If there is multiple tankage, the bund capacity shall be 110% of the largest tank or 25% of the total capacity of all tanks, whichever is the greatest. All filling points, vents, gauges and sight glasses and overflow pipes shall be located within the bund. There shall be no outlet connecting the bund to any drain, sewer or watercourse or discharging into the ground. Associated pipework shall be located above ground where possible and protected from accidental damage.
Reason: To enable the Local Planning Authority to retain control over the development which may be injurious to the amenities of the area and of neighbouring properties and to prevent pollution.
9) No vehicle over 3.5 tonnes shall be stationed, parked or stored on this site.
Reason: To enable the Local Planning Authority to maintain control in the interests of amenity.
Page 78 10) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting or amending that Order) no walls, fences, gates, or other means of enclosure (including bunding) shall be erected, or placed within/to the boundary of the plot anywhere on the application site unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of visual amenity.
11) Notwithstanding the Town and Country Planning (General Permitted Development) Order 2015, as amended, there shall be no external illumination on the development hereby permitted other than in accordance with a lighting scheme that shall first have been submitted to and approved in writing by the Local Planning Authority. The lighting scheme shall include details of the proposed location, design, level of luminance and any measures to avoid light spillage. The lighting scheme shall thereafter be maintained in accordance with the approved details in perpetuity.
Reason: In the interests of protecting the environment and local residents from light pollution and in the interests of preserving the nature conservation interests of the area.
12) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 as amended (or any Order revoking and re- enacting or amending that Order) no commercial activities whatsoever shall take place on the land including the storage of materials unless otherwise agreed in writing by the LPA
Reason: In the interests of protecting the rural character of the surrounding area.
Decided Plans
The application has been assessed and the decision is made on the basis of the following plans and documents submitted:
Details Reference Version Date Received Status
PLAN - Location Plan 1 04.03.2020 Approved
PLAN - Site Plan 2 04.03.2020 Approved
INFORMATIVES
1) 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.
Page 79 2) The developer's attention is drawn to the provisions of the Wildlife and Countryside Act 1981, the Conservation (Natural Habitats etc) Regulations 1994, and to other wildlife legislation (for example Protection of Badgers Act 1992, Wild Mammals Protection Act 1996). These make it an offence to kill or injure any wild bird intentionally, damage or destroy the nest of any wild bird intentionally (when the nest is being built or is in use), disturb, damage or destroy and place which certain wild animals use for shelter (including badgers and all bats and certain moths, otters, water voles and dormice), kill or injure certain reptiles and amphibians (including adders, grass snakes, common lizards, slow-worms, Great Crested newts, Natterjack toads, smooth snakes and sand lizards), and kill, injure or disturb a bat or damage their shelter or breeding site. Leaflets on these and other protected species are available free of charge from Natural England.
The onus is therefore on you to ascertain whether any such species are present on site, before works commence. If such species are found or you suspected, you must contact Natural England (at: Natural England, Sussex and Surrey Team, Phoenix House, 32-33 North Street, Lewes, East Sussex, BN7 2PH, 01273 476595, [email protected]) for advice. For nesting birds, you should delay works until after the nesting season (1 March to 31 August).
For further information on this application please contact William Price on 01243 534734
To view the application use the following link - https://publicaccess.chichester.gov.uk/online- applications/applicationDetails.do?activeTab=summary&keyVal=Q6Q4NHER0SR00
Page 80 Agenda Item 7
Parish: Ward: Chidham & Hambrook Harbour Villages
CH/20/00642/FUL
Proposal Use of land as a Gypsy and Travellers caravan site consisting of 2 no. pitch containing 1 no. mobile home and 1 no. touring caravan.
Site Plot C2a And Cb Pond Farm Newells Lane West Ashling Chichester West Sussex PO18 8DF
Map Ref (E) 479656 (N) 106384
Applicant Mr Hughes Agent Dr Angus Murdoch
RECOMMENDATION TO DEFER FOR SECTION 106 THEN PERMIT
Note: Do not scale from map. For information only. Reproduced NOT TO from the Ordnance Survey Mapping with the permission of the SCALE controller of Her Majesty's Stationery Office, Crown Copyright. License No. 100018803
Page 81
1.0 Reason for Committee Referral
1.1 Parish Objection - Officer recommends Permit
2.0 The Site and Surroundings
2.1 The application site is located on the western side of Newells Lane and immediately south of the A27. The site, known as Plots C2A and C2B are located to the south eastern corner of Pound Farm. The site is a twin plot pitch and is bounded by screen fencing and comprises two mobile homes, timber storage building (enclosed on two sides by close- boarded fencing), two domestic sheds and areas of hard core laid. The majority of the site is laid to a gravelled surface. The application site is located to the west of an existing lawful gypsy and traveller pitch, with paddocks to the west and south.
3.0 The Proposal
3.1 Planning permission is sought for the use of land as a Gypsy and Travellers caravan site consisting of 2 no. pitch containing 1 no. mobile home and 1 no. touring caravan.
3.2 By way of background, plots C2A and C2B were previously granted permission on a temporary five year basis in 2014 (LPA ref. 13/02970/FUL)
4.0 History
00/00548/FUL ART25 Erection of 8 no timber stables with associated store.
98/01388/FUL REF Retention of 2 no site cabins and their use for residential purposes.
98/01644/FUL REF Erection of block of sixteen stables and establishment of stud farm.
98/01645/FUL REF Retention of access tracks and hardstanding.
99/01845/FUL REF Erection of block of fourteen stables: Tack room: Staff: Food and Hay Store and private ways.
06/05017/FUL REF Siting of 1 no. mobile home for settled gypsy accommodation. Siting of 1 no. touring caravan and installation of septic tank.
08/02836/FUL REF Stationing on the land 2 no. caravans for settled gypsy accommodation. Retention of ancillary residential accommodation.
11/02367/FUL REF Siting of 1 no. mobile home for settled gypsy accommodation.
Page 82 13/02970/FUL PER Proposed change of use of land to a twin pitch Gypsy site for a 5 year period to provide settled accommodation; alternative revised application to CH/12/01282/FUL following 5 year appeal permissions for adjacent plots.
12/00016/REF APPWDN Siting of 1 no. mobile home for settled gypsy accommodation.
5.0 Constraints
Listed Building NO Conservation Area NO Rural Area YES AONB NO Tree Preservation Order YES EA Flood Zone - Flood Zone 2 NO - Flood Zone 3 NO Historic Parks and Gardens NO
6.0 Representations and Consultations
6.1 Parish Council
The Parish Council objects to this application on the basis that there is an overdevelopment of the plots on Pond Farm, the development is intrusive in a wildlife corridor, that the site is within a flood zone (low risk), and that the access to the site is by way of a Public Right of Way.
There is concern at the additional traffic which will use the single track country lane which is also a Public Right of Way (Bridleway 3954). This will interfere with the public use of this right of way and destroy its character. The report before you states that the Public Right of Way 'takes precedence over private vehicular traffic' and that it is a 'criminal offence to damage the surface of a PROW'.
The Council is also concerned regarding ecological issues as the development is within a wildlife corridor and therefore the biodiversity of the site must be safeguarded.
Consideration needs to be given to the entire Pond Farm site and its possible over- development within the Chichester Harbour Special Protection Area (SPA). The possibility of further sub-division of these plots cannot be ruled out, effecting creating a business selling/renting to other users. In adjacent parishes these users have proven not to be gypsies/travellers.
New dwellings (including caravans) within 5.6km of the Harbour will have a collective impact on the ecology of the area.
Page 83 The definition of Travellers/Gypsies seems to be impossible to prove/disprove and as such these applications should be treated as all planning applications are with no 'Special Status.
We are mindful that in other cases these sites have been objected to with the backing of CDC only to be overturned on appeal.
6.2 Natural England
Since this application will result in a net increase in residential accommodation, impacts to the coastal Special Protection Area(s) and Ramsar Site(s) may result from increased recreational disturbance.
Your authority has measures in place to manage these potential impacts through the agreed strategic solution which we consider to be ecologically sound. Subject to the appropriate financial contribution being secured, Natural England is satisfied that the proposal will mitigate against the potential recreational impacts of the development on the site(s).
6.3 WSCC Local Highway Authority
Summary This proposal is for the use of land for two gypsy traveller pitches, each containing one mobile home and one touring caravan. The site is located on Newells Lane, an unclassified road subject to a speed restriction of 60 mph.
Content The existing access will be utilised for this proposal and no alterations are proposed. There are no apparent visibility issues at the access on Newells Lane. An inspection of collision data provided to WSCC by Sussex Police from a period of the last five years reveals no recorded injury accidents within the vicinity of the site. Therefore, there is no evidence to suggest the existing access is operating unsafely or that the proposal would exacerbate an existing safety concern.
The applicant should be aware that residents should not be expected to carry waste more than 30m to a refuse storage point, although this is an amenity issue. Furthermore, a fire appliance should be able to get within 45 m of a building from the highway in order to serve it.
Whilst technically a withdrawn document, the Good Practice Guide on Designing Gypsy and Traveller Sites (2008) recommended a provision of two car parking spaces per pitch. The applicant proposes two car parking spaces per pitch; as such, the LHA considers the proposed parking provision to be sufficient. There also appears to be sufficient space for on-site turning to be achievable, allowing vehicles to exit the site onto the publicly maintained highway in a forward gear.
The applicant has not demonstrated cycle parking. However, the applicant does propose storage sheds, which could be utilised for cycle parking. If the LPA believe that cycle parking is justifiable for this application, the applicant should demonstrate this in the form of secure and covered cycle storage.
Page 84 Conclusion The LHA does not consider that this proposal would have an unacceptable impact on highway safety or result in 'severe' cumulative impacts on the operation of the highway network, therefore is not contrary to the National Planning Policy Framework (paragraph 109), and that there are no transport grounds to resist the proposal.
If the LPA are minded to approve the application, the following condition should be applied:
Car parking space (details approved) 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
6.4 CDC Environmental Strategy
Bats The lighting scheme for the site will need to take into consideration the presence of bats in the local area and the scheme should minimise potential impacts to any bats using the trees, hedgerows and buildings by avoiding unnecessary artificial light spill through the use of directional light sources and shielding. We require that a bat box is installed on a tree onsite facing south/south westerly positioned 3-5m above ground.
The hedgerows on site are used by bats for commuting and foraging and will need to be retained and enhanced for bats. This will include having a buffer strip around the hedgerows (5m) and during construction fencing should be used to ensure this area is undisturbed. Any gaps should also be filled in using native hedge species to improve connectivity. Conditions should be used to ensure this.
Reptiles Any rubble piles onsite need to be checked and dismantled by hand by a suitability qualified ecologist.
Nesting birds Any works to the trees or vegetation clearance on the site should only be undertaken outside of the bird breeding season which takes place between 1st March 1st October. If works are required within this time an ecologist will need to check the site before any works take place (within 24 hours of any work). We would like a bird box to be installed on a tree within the grounds of the site.
Recreational Disturbance For this application we are satisfied that the only HRA issue is recreational disturbance and as long as the applicant is willing to provide a contribution to the Bird Aware scheme, the standard HRA Screening Matrix and Appropriate Assessment Statement template can be used.
Page 85 6.5 CDC Drainage
The site is wholly within flood zone 1 (low risk), and the proposal is to drain the development via soakaways, which is acceptable in principle. We therefore have no objection to the proposal on flood risk grounds.
6.6 Third party comments None received
7.0 Planning Policy
The Development Plan
7.1 The Development Plan for the area comprises the Chichester Local Plan: Key Policies 2014-2029, the CDC Site Allocation Development Plan Document and all made neighbourhood plans. The Chidham and Hambrook Neighbourhood Plan was made June 2016 and forms part of the Development Plan against which applications must be considered.
7.2 The principal planning policies relevant to the consideration of this application are as follows:
Chichester Local Plan: Key Policies 2014-2029
Policy 1: Presumption in Favour of Sustainable Development Policy 2: Development Strategy and Settlement Hierarchy Policy 6: Neighbourhood Development Plans Policy 36: Planning for Gypsies, Travellers and Travelling Showpeople Policy 39: Transport, Accessibility and Parking Policy 45: Development in the Countryside Policy 48: Natural Environment Policy 49: Biodiversity Policy 50: Development and Disturbance of Birds in Chichester and Langstone Harbours Special Protection Areas
Chidham and Hambrook Neighbourhood Plan
Policy LP1: Land Use Policy EM2: Chichester Harbour Zone of Influence Policy EM3: Visual Amenity Policy DS1: New Development Policy DS2: Parking Provision Policy DS3: Landscaping Policy R2: Public Rights of Way
Page 86
Chichester Local Plan Review Preferred Approach 2016 - 2035
7.3 Work on the review of the adopted Local Plan to consider the development needs of the Chichester Plan Area through to 2036 is now well underway. Consultation on a Preferred Approach Local Plan has taken place and following detailed consideration of all responses to the consultation, it is intended that the Council will publish a Submission Local Plan under Regulation 19 in March 2021. Following consultation, the Submission Local Plan will be submitted to the Secretary of State for independent examination. In accordance with the Local Development Scheme, it is anticipated that the new Plan will be adopted by the Council in 2022. However, at this stage, it is considered that very limited weight can be attached to the policies contained within the Local Plan Review.
National Policy and Guidance
7.4 Government planning policy now comprises the revised National Planning Policy Framework (NPPF 2019), which took effect from 19 February 2019. Paragraph 11 of the revised Framework states that plans and decisions should apply a presumption in favour of sustainable development, and for decision-taking this means:
c) approving development proposals that accord with an up-to-date development plan without delay; or d) where there are no relevant development plan policies, or the policies which are most important for determining the application are out-of-date, granting permission unless: i. the application of policies in this Framework that protect areas of assets of particular importance provides a clear reason for refusing the development proposed; or ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.
7.5 Consideration should also be given to the following paragraph and sections: Sections 2 (achieving sustainable development), 4 (decision making) and 12 (achieving well-designed places). The Planning Policy for Travellers Sites (2015) is also relevant to the consideration of the application.
Other Local Policy and Guidance
7.6 The following documents are material to the determination of this planning application:
Surface Water and Foul Drainage SPD CDC Waste Storage and Collection Guidance
Page 87 7.7 The aims and objectives of the Chichester in Partnership Community Strategy 2016- 2029 which are relevant and material to the determination of this planning application are:
Support communities to meet their own housing needs Influence local policies in order to conserve and enhance the qualities and distinctiveness of our area
8.0 Planning Comments
8.1 The main issues arising from this proposal are: i. Principle of development and current gypsy and traveller site provision ii. Impact upon the character and appearance of the locality iii. Highways Matters iv. Ecological Considerations v. Impact upon Chichester Harbour Special Protection Area (SPA) vi. Planning Balance
Assessment i. Principle of development and current gypsy and traveller site provision
8.2 The Housing Act 2004 places a duty on local authorities to produce assessments of accommodation need for Gypsies, Travellers and Travelling Showpeople (GTTS), and outlines how their needs will be met.
8.3 Policy H of the Planning Policy for Traveller Sites (PPTS) 2015 relates to determining planning applications for traveller sites and requires planning applications to be determined in accordance with the development plan unless material considerations indicate otherwise. It also advises that applications should be assessed and determined in accordance with the presumption in favour of sustainable development and the application of specific policies in the NPPF and planning policy H for traveller sites and local development plan policies. Policy 36 of the Local Plan is the most relevant Development Plan Policy for assessing applications for Gypsy and Travellers pitches. The policy sets out the need for pitches and plots for the period up to 2027. It is a criteria based policy which sets out criterion to identify sites and to determine planning applications within the Plan area.
8.4 Since September 2012, which is the base date of the provision figure in the adopted Local Plan, 61 Gypsy and traveller pitches have been granted planning permission and occupied. Against the 2013 needs assessment, the Council considerers that it is able to demonstrate an identified 5 year supply of pitches as identified within the adopted Local Plan. The assessment of new sites and the need of occupiers would be considered on a case by case basis with the already met need taken into consideration.
Page 88 8.5 Notwithstanding this, however, recent appeal decisions, notably appeals 3209147 and 3209145, Land South of Keynor Lane, concluded that the Council does not have a 5 year supply of sites within the District. This is in the context of the publication of the Gypsy, Traveller and Travelling Showpeople Assessment (GTAA) 2019 (revised) which has identified the requirement for a further 66 pitches in five years from 2018. The Inspectors' decisions in relation to Keynor Lane also noted that a number of other Inspectors in recent years had concluded that CDC has an unmet need.
8.6 Whilst the GTAA 2019 (revised) forms part of the evidence base for the emerging local plan and has not yet been through examination, due to the requirement of the Council to update their figures on supply annually (PPTS policy B), reliance on the 2013 GTAA is no longer appropriate, due to it being outdated. The supply evidence within the GTAA 2019 is therefore a significant material consideration which must carry weight in this decision.
8.7 Planning permission was granted in 2013 for the temporary use the land for the temporary stationing of a mobile home for occupation by a traveller (as defined in Planning Policy for traveller sites) for five years. This was to allow for a full assessment of the best locations for pitches in the District to be assessed through the Local Plan process. To date this process has not been completed and therefore the Council is unable to demonstrate a more suitable site to accommodate the pitches. The urgent need for permanent pitches and accommodation must be given significant weight and officers consider the principle of the intensification of the site is entirely appropriate on this basis.
8.9 It is considered for the above reasons, the proposal can be considered to be acceptable, in principle, subject to the below considerations. ii. Impact upon the character and appearance of the locality
8.10 Paragraph 25 of the PPTS advises that local planning authorities should very strictly limit new traveller site development in open countryside that is away from existing settlements or outside areas allocated in the development plan. Policy 45 of the CLP seeks to ensure that proposals respect and enhance the landscape character of the surrounding area.
8.11 The application site is an area characterised by meadow land, with a pond to the east of the application site. A public bridleway runs immediately north of the site (3954) whilst Bridleway 260 runs approximately 50 metres south of the site. When viewing the site from Bridleway 3954 to the north of the site, the predominant views of Pond Farm are those of authorised permanent pitches. Bridleway 260 to the south of the site is lined with mature vegetation and trees to the north behind which is pasture land, with additional pasture land situated to the south. Along the southern side of the bridleway, in close proximity to Newells Lane, are the residential properties Newells Green and Orchard Cottage. The character of the right of way is one of enclosure by such mature vegetation in this location, giving the user a feeling of being immersed in the countryside. Whilst some views of the application site are possible from Bridleway 260, these could not be considered to be unduly intrusive as a result of the distance and the presence of a paddock to the south of the application site, whilst mature planting along the bridleway also assists in providing a sense of detachment from the development when viewed from the south. Limited views of the site are possible from Newells Lane due to a combination of mature vegetation and set back from the public highway.
Page 89 8.12 The area as a whole maintains an attractive rural character and remains predominantly undeveloped. Due to the limited views available of the site it is considered that on balance the mobile home together with the associated development would result in an urbanising form of development out of character with the rural area, albeit to a relatively small degree. The proposed development would therefore not result in a significant degree of harm to the character of the surrounding rural area.
8.13 The impact on the landscape character of the area must be weighed up against the lack of a 5 year supply of sites and in this instance it is considered that the level of harm identified would not outweigh the lack of sites and therefore the proposal is acceptable in this respect. iii. Highways Matters
8.14 Paragraph 109 of the NPPF states that development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe. Additionally, Policy 39 of the Chichester Local Pan asserts that development should not create problems of safety.
8.15 The application does not propose to alter the existing means of highways access from the site which is along Bridleway 3954 in an easterly direction. WSCC Highways have been consulted on the application commenting that the junction onto Newells Lane is operating in a safe manner, whilst sufficient parking can be provided on site.
8.16 The application seeks to make the temporary permission granted permanent; the development is already present on site. The application would not, therefore, result in an intensification of vehicular traffic along Bridleway 3954. The proposal is not considered to have a detrimental impact upon the public right of way network as the LPA is required to consider under paragraph 98 of the NPPF 2019.
8.17 WSCC Highways have commented that residents should not be expected to carry waste more than 30m to a refuse storage point. This is an amenity consideration and there is no evidence has been presented to officers that the current arrangement is unsatisfactory. WSCC Highways have also commented that a fire appliance should be able to get within 45 m of a building from the highway in order to serve it. This can be managed via a condition requiring a fire hydrant or stored water supply to be installed to serve the development, should a distance of 45 metres be unachievable, to ensure that appropriate provision is made for West Sussex Fire and Rescue Service in the event of a fire on the site.
8.18 Overall, the scheme is not considered likely to result in highways safety issues and the proposal is acceptable in accordance with the NPPF 2019 and Policy 39 of the Chichester Local Plan. iv. Ecological Considerations
8.19 Policy 49 of the Chichester Local Plan requires the biodiversity of the site to be safeguarded.
Page 90 8.20 The Parish Council have raised objection to the proposal on the basis that the development is intrusive in a wildlife corridor. It notable that the application seeks a permanent permission for an existing gypsy/traveller pitch and therefore no additional development is proposed. A precautionary approach with regard to nesting birds and bats is therefore considered proportionate and appropriate in this instance. The CDC Environmental Strategy Officer has recommended a number of enhancements that would be secured via the recommended condition in order to provide net gains for biodiversity for which provision is made under paragraph 175 of the NPPF 2019.
8.21 Following discussions, Natural England do not consider the development will have waste water implications with regard to treated effluent discharges into the catchment of the Solent Maritime SAC and the Chichester and Langstone Harbours SPA and RAMSAR site. Therefore the proposal is acceptable in this respect.
8.22 Subject to compliance with conditions, officers are satisfied that the proposal would not have a detrimental impact upon the biodiversity value of the site. v. Impact upon Chichester Harbour Special Protection Area (SPA)
8.23 Policy 50 of the Chichester Local Plan acknowledges the collective impact which all new dwellings (including caravans) within 5.6km of the Harbour have on the ecology of areas designated within the Solent area under European Species and Habitat Directives and the derived UK Regulations. It adopts the approach, recommended by Natural England, that a contribution is made on a per bedroom basis towards a mitigation project 'Solent Disturbance Mitigation Project'.
8.24 In April 2018 the scale of charging altered to following a sliding scale contribution based on the number of bedrooms, which is used to fund a package of wardens, education, green infrastructure improvements and monitoring. The contribution amount as of April 2020 averages £595.00 per net additional dwelling. The scale charges differ according to the number of people expected to live in the property which is calculated per bedroom. As mobile homes vary in the number of bedrooms, the charge is taken to be the average amount per mobile home, which for this application equates to £595.
8.25 The LPA have undertaken an appropriate assessment and subject to the mitigation being paid and a planning obligation being provided to tie the mitigation to the permission the requirements of policy 50 would be met. As such the recommendation is to defer for S106 and then permit. vi. Planning Balance
8.26 The Council cannot demonstrate a 5 year land supply to meet an up-to-date locally set target (rather than the target in the Local Plan Policy 36). As such, this is a material consideration of significant weight. There is also a significant level of unmet need in the District and again that it is a significant material consideration in favour of the proposal.
8.27 The application relates to an existing site, albeit approved on a temporary basis, that does not result in ecological or highways concerns.
Page 91 8.28 The site is not located within any statutory protected landscape. There would be an impact on the rural character of the area and this carries some weight, albeit the harm would be limited. The harm to the landscape however would not outweigh the level of unmet need within the district; the lack of a 5 year supply. Additionally, Officers recommend a landscaping condition requiring planting to the rear of the site which would further screen views of the site from bridleway 260.
8.29 For the reasons above, it is concluded that there is a sound justification for the proposal to be supported.
Conclusion
8.30 For the reasons set out above it is considered that the significant deficit in supply of gypsy and traveller pitches identified in the GTAA 2019 (revised) would outweigh the low level of harm to the character of the area, and therefore on balance the proposed development would be acceptable subject to conditions.
Human Rights
8.31 In reaching this conclusion the Human Rights of the applicants and nearby occupiers have been taken into account and it is concluded that the recommendation to permit is justified and proportionate.
8.32 In reaching the above conclusion Officers have taken into account rights under Article 8 and Article 1 of the First Protocol of Human Rights and concluded there would be no breach if planning permission were to be granted.
RECOMMENDATION DEFER FOR SECTION 106 THEN PERMIT subject to the following conditions and informatives:-
1) The development hereby permitted shall be carried out in accordance with the plans listed below under the heading "Decided Plans"
Reason: For the avoidance of doubt and in the interests of proper planning.
2) The site shall not be occupied by any persons other than gypsies and travellers as defined in Annex 1: Glossary of Planning Policy for Traveller Sites dated August 2015 (or its equivalent in replacement national policy).
Reason: To accord with the terms of the application and in the interests of proper planning.
Page 92 3) No more than 4 caravans shall be stationed on the site at any one time, and no more than 2 of those 4 permitted caravans shall be a static caravan. All caravans stationed on the site shall comply with the definition of caravans as set out in Section 29 of the Caravan Sites and Control of Development Act 1960 and Section 13 of the Caravan Sites Act, as amended.
Reason: To accord with the terms of the application and to ensure satisfactory planning of the area.
4) Within six months of the permission hereby granted, the car parking and caravan touring spaces has been constructed and laid out in accordance with the approved site plan and the details specified within the application form. These spaces shall thereafter be retained at all times for their designated purpose unless otherwise agreed in writing by the LPA.
Reason: In the interests of ensuring sufficient car parking on-site to meet the needs of the development.
5) Within 3 months of the date of the permission hereby granted, details showing the precise location of 1 no. fire hydrant, installation and ongoing maintenance of the fire hydrants to be supplied (in accordance with the West Sussex Fire and Rescue Guidance Notes) shall be submitted in writing to the Local Planning Authority Within 3 months of the approval of these details, in consultation with West Sussex County Council's Fire and Rescue Services, the fire hydrant shall be installed in strict accordance with the details agreed and shall thereafter be maintained in accordance with the approved details.
Reason: In the interests of amenity and in accordance with The F&RS Act 2004.
6) Within 6 months of the date of this permission a scheme for ecological enhancements has been submitted to and approved in writing by the Local Planning Authority. The ecological enhancements shall include as a minimum the following measures: a) any trees removed should be replace at a ratio of 2:1 b) filling any gaps in tree lines or hedgerows with native species c) bat and bird boxes installed on the site, and d) provision of gaps at the bottom of the fences to allow movement of small mammals across the site.
Thereafter the approved scheme shall be fully implemented in accordance with the approved details within 12 months of the date of this permission.
Reason: To ensure suitable biodiversity enhancements are achieved in the interest of conservation of the natural environment.
Page 93 7) Within 6 months of the approval hereby issued, a minimum of 1 car charging point has been provided and operational in accordance with details that shall first have been submitted to and approved in writing by the Local Planning Authority. Thereafter the car charging points shall be maintained and remain operational in perpetuity, unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of encouraging the use of sustainable modes of transport.
8) Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The bund capacity shall give 110% of the total volume for single and hydraulically linked tanks. If there is multiple tankage, the bund capacity shall be 110% of the largest tank or 25% of the total capacity of all tanks, whichever is the greatest. All filling points, vents, gauges and sight glasses and overflow pipes shall be located within the bund. There shall be no outlet connecting the bund to any drain, sewer or watercourse or discharging into the ground. Associated pipework shall be located above ground where possible and protected from accidental damage.
Reason: To enable the Local Planning Authority to retain control over the development which may be injurious to the amenities of the area and of neighbouring properties and to prevent pollution.
9) No vehicle over 3.5 tonnes shall be stationed, parked or stored on this site.
Reason: To enable the Local Planning Authority to maintain control in the interests of amenity.
10) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting or amending that Order) no walls, fences, gates, or other means of enclosure (including bunding) shall be erected, or placed within/to the boundary of the plot anywhere on the application site unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of visual amenity.
11) Notwithstanding the Town and Country Planning (General Permitted Development) Order 2015, as amended, there shall be no external illumination on the development hereby permitted other than in accordance with a lighting scheme that shall first have been submitted to and approved in writing by the Local Planning Authority. The lighting scheme shall include details of the proposed location, design, level of luminance and any measures to avoid light spillage. The lighting scheme shall thereafter be maintained in accordance with the approved details in perpetuity.
Reason: In the interests of protecting the environment and local residents from light pollution and in the interests of preserving the nature conservation interests of the area.
Page 94 12) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 as amended (or any Order revoking and re- enacting or amending that Order) no commercial activities whatsoever shall take place on the land including the storage of materials unless otherwise agreed in writing by the LPA
Reason: In the interests of protecting the rural character of the surrounding area.
Decided Plans
The application has been assessed and the decision is made on the basis of the following plans and documents submitted:
Details Reference Version Date Received Status
PLAN - Existing Location 001a 27.03.2020 Approved Plan
PLAN - Proposed 002a 27.03.2020 Approved Location Plan
PLAN - Existing Block 003a 27.03.2020 Approved Plan
PLAN - Proposed Block 004a 27.03.2020 Approved Plan
PLAN - Proposed 005a 27.03.2020 Approved Shed/Stable and Fence Elevations and Floor Plan
INFORMATIVES
1) 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.
2) The developer's attention is drawn to the provisions of the Wildlife and Countryside Act 1981, the Conservation (Natural Habitats etc) Regulations 1994, and to other wildlife legislation (for example Protection of Badgers Act 1992, Wild Mammals Protection Act 1996). These make it an offence to kill or injure any wild bird intentionally, damage or destroy the nest of any wild bird intentionally (when the nest is being built or is in use), disturb, damage or destroy and place which certain wild animals use for shelter (including badgers and all bats and certain moths, otters, water voles and dormice), kill or injure certain reptiles and amphibians (including adders, grass snakes, common lizards, slow-worms, Great Crested newts, Natterjack toads, smooth snakes and sand lizards), and kill, injure or disturb a bat or damage their shelter or breeding site. Leaflets on these and other protected species are available free of charge from Natural England.
Page 95 The onus is therefore on you to ascertain whether any such species are present on site, before works commence. If such species are found or you suspected, you must contact Natural England (at: Natural England, Sussex and Surrey Team, Phoenix House, 32-33 North Street, Lewes, East Sussex, BN7 2PH, 01273 476595, [email protected]) for advice. For nesting birds, you should delay works until after the nesting season (1 March to 31 August).
For further information on this application please contact William Price on 01243 534734
To view the application use the following link - https://publicaccess.chichester.gov.uk/online- applications/applicationDetails.do?activeTab=summary&keyVal=Q6Q4X7ER0SR00
Page 96 Agenda Item 8
Parish: Ward: Southbourne Southbourne
SB/20/00525/FUL
Proposal Construction of 2 no. annexes.
Site Prinsted Care Home Prinsted Lane Prinsted Southbourne PO10 8HR
Map Ref (E) 476694 (N) 105469
Applicant Mr Matthew Bennett Agent Miss Jasmine Hole
RECOMMENDATION TO PERMIT
Note: Do not scale from map. For information only. Reproduced NOT TO from the Ordnance Survey Mapping with the permission of the SCALE controller of Her Majesty's Stationery Office, Crown Copyright. License No. 100018803
Page 97
1.0 Reason for Committee Referral
1.1 Parish Objection - Officer recommends Permit
2.0 The Site and Surroundings
2.1 The application site (known as Prinsted Care Home) is located primarily within the Prinsted Settlement Boundary Area with a small part of the site extending beyond the boundary. The application site comprises a specialist nursing and residential care provider situated on the eastern side of Prinsted Lane, approximately 155 metres south of the junction with the A259.
2.2 The site occupies a prominent position within the Prinsted Conservation Area, in which the main building is identified as a building of positive townscape merit. The property is set back from the highway behind a low flint wall approximately 1 metre in height. The principle elevation is finished in knapped flint and yellow brick. The Conservation Area Character Appraisal identifies the western portion of the property as dating from c1860. The property has been extended extensively over recent years to provide additional supported accommodation. The rear of the site contains amenity space for residents.
2.3 The surrounding street scene predominantly features detached two-storey properties. The application site is constrained by neighbouring residential development to the north and south. East of the site there is a commercial horticultural development comprising a number of greenhouses. The site also falls within the Chichester Harbour Area of Outstanding Natural Beauty (AONB).
3.0 The Proposal
3.1 Planning permission is sought for the construction of 2 no. annexes to provide 5 additional bedrooms as art of the existing care home.
3.2 The proposed annexes would be located to the rear of the site. Following negotiations during the course of the application the number of units of accommodation proposed has been reduced from 6 no. to 5 no. beds. One unit would be situated adjacent to the southern boundary of the site and would provide 2 no. units of accommodation. The other annex would be situated at a right angle to the first annex adjacent to the eastern boundary of the site, and it would provide 3 no. units of accommodation.
3.3 The annex buildings would be single storey in nature, with a hipped roof constructed from concrete tiles and a ridge height of approx. 3.8 metres. Elevational finishes would comprise a red brick plinth with a composite timber cladding finish above. Internally, each annex would measure approximately 17.5sq metres and would provide residents with a bedroom/living area and an en-suite bathroom.
Page 98 4.0 History
84/00182/SB REF Erection of 2 no. bungalows with detached garages (on land to rear).
85/00016/SB PER Change of use from dwelling house to old persons nursing home.
85/00186/SB PER Alterations and additions to existing Nursing Home.
86/00072/SB PER Additions to existing Nursing Home.
87/00064/SB PER Alterations to the front boundary wall to allow another vehicular access.
87/00066/SB PER Alterations to the front boundary wall to allow another vehicular access (CA).
87/00118/SB PER Removal of 2 no. chimney stacks from north side of building to improve safety.
89/00084/SB PER Extension.
89/00086/SB PER Partial demolition of ex. building and new single storey extension to provide additional bedrooms and associated facilities.
96/00086/COU PER Change of use of existing store to staff accommodation.
03/02105/CAC WDN Remove existing outbuilding and extension and alterations to existing nursing home to form a further 10 no. bedrooms and day space.
03/02107/FUL REF Extension and alterations to existing nursing home to form a further 10 no. bedrooms and day space.
03/03206/FUL REF Extension and alterations to existing nursing home to form a further 8 bedrooms, treatment room and dayspace.
04/02955/FUL PER Extension to provide 3 no. bed and ensuite, 1 no. treatment room and stores.
Page 99 07/00428/CAC PER Demolition of existing rear extension to facilitate new replacement extension to rear of property; demolition of existing brick outbuilding and existing greenhouse, retaining existing wall along site's northern boundary with Frarydene; and works to existing boundary wall along Prinsted Lane.
07/00430/FUL REF Alterations and extensions.
08/04022/FUL PER Alterations and extensions to nursing home.
09/03284/ADV REF 1 no. hanging sign.
09/03554/FUL WDN Variation of condition no. 2 on SB/08/04022/FUL to change some ground floor windows on the south, east and north elevations from windows to a door and window or windows with no change to the approved opening size, position or amount of openings. Insertion of conservation rooflights in roof valley.
09/05011/FUL WDN Variation of Condition 2 of planning permission SB/08/04022/FUL. To change some of the approved ground floor windows on south, east and north elevations from windows to a door and window/windows. A new fire door on the west elevation. Enlargement of existing windows on north elevation. Insertion of conservation type velux roof lights within roof valley of central roof. New ground floor window to south elevation.
10/00972/ADV PER V-shaped wrought iron sign.
10/01697/FUL REF Part demolition of existing extension to facilitate new extension to provide additional 7 No. bedrooms and day space. Demolition of existing brick outbuilding and greenhouse and works to existing northern boundary.
10/01700/CAC PER Part demolition of existing extension to facilitate new extension. Demolition of existing brick outbuilding and greenhouse and works to existing northern boundary.
Page 100 11/00695/TCA NOTPO Notification of intention to coppice to 1m 1 no. Griselinia and reduce northern section by 20% on 1 no. Pittosporum tree.
11/04191/CCC CCCDEC Confirmation of compliance with conditions 3, 4, 9, 11, 13, 14 and 17 attached to planning permission SB/08/04022/FUL.
12/00317/TPA REF Reduce crown spread on western and southern sectors by 2.5m and deadwood on 1 no. Red Oak tree (T1) subject to SB/90/00887/TPO.
12/01713/TCA NOTPO Notification of intention to reduce height by 2m and width by 0.5m on 1 no. Holly tree. Fell 1 no. Spruce and 2 no. Apple trees.
16/00363/TCA NOTPO Notification of intention to crown reduce by 1.5m (all round) on 1 no. Pittosporum tree.
16/00364/TPA PER Reduce widths by 2.5m and deadwood on 1 no. Red Oak tree (T1) subject to SB/90/00887/TPO.
17/03155/TPA PER Fell 1 no. Red Oak tree (T1) subject to SB/03/00924/TPO.
19/02524/PRESS ADVGIV Erection of 2 no. annexes consisting of 5 no. bedrooms.
5.0 Constraints
Listed Building NO Conservation Area YES Rural Area NO AONB YES Tree Preservation Order NO EA Flood Zone - Flood Zone 2 NO - Flood Zone 3 NO Historic Parks and Gardens NO
Page 101 6.0 Representations and Consultations
6.1 Parish Council
1. Over development of the site removing the amenity space for residents and staff.
2. Little on-site parking causing congestion on Prinsted Lane and poor access for emergency vehicles.
3. There are vacancies in care homes elsewhere in Southbourne so there is little justification for expansion.
4. The impact of development on neighbouring properties.
5. Not adhering to conditions arising from previous applications regarding noise, and lights being left on all night.
6.2 Chichester Harbour Conservancy
Recommendation - Provided the council's tree officer is satisfied on the likely arboricultural impact to the character and appearance of the Prinsted Conservation Area, within the Chichester Harbour AONB, no objection, subject to conditions covering -
o Safeguarding retained trees during the build; o Any associated tree works sanctioned by this permission to be carried out, outside the bird breeding season; o Samples of external facing and roofing materials to be agreed prior to their use and the building to be constructed with the approved materials; and o Any negotiated biodiversity enhancements at the site to be fully implemented before any of the six new care beds are first brought into use, or other such period of time that might be agreed in writing with the local planning authority.
6.3 Southern Water
The applicant has not stated details of means of disposal of foul drainage from the site.
Southern Water requires a formal application for a connection to the public foul sewer to be made by the applicant or developer. We request that should this application receive planning approval, the following informative is attached to the consent:
A formal application for connection to the public sewerage system is required in order to service this development. Please read our New Connections Services Charging Arrangements documents which has now been published and is available to read on our website via the following link: southernwater.co.uk/infrastructure-charges
Page 102 The Council's Building Control officers or technical staff should be asked to comment on the adequacy of soakaways to dispose of surface water from the proposed development. It is possible that a sewer now deemed to be public could be crossing the development site.
Therefore, should any sewer be found during construction works, an investigation of the sewer will be required to ascertain its ownership before any further works commence on site.
6.4 Natural England
Further comments provided 04th September 2020:
Natural England has previously commented on this proposal and made comments to the authority in our letter dated 14th June 2017 and again on 9th July 2020.
The advice provided in our previous response applies equally to this proposal.
Should the proposal be amended in a way which significantly affects its impact on the natural environment then, in accordance with Section 4 of the Natural Environment and Rural Communities Act 2006, Natural England should be consulted again. Before sending us the amended consultation, please assess whether the changes proposed will materially affect any of the advice we have previously offered. If they are unlikely to do so, please do not reconsult us.
Comments provided 09th July 2020:
No Objection
Based on the plans submitted, Natural England considers that the proposed development will not have significant adverse impacts on statutorily protected nature conservation sites.
6.5 WSCC Local Highway Authority
Further comments provided 06th July 2020:
I have reviewed the history of this site and can see that the 2008 permission does not provide existing vs proposed floor plans. As only the proposed floor plans are provided, I am unable to determine whether any of the double occupancy rooms at that time were proposed for retention. The supporting statement provided at that time referred to the existing as 19 single and 4 double rooms = occupancy of 27. Plus 3 additional beds approved under 04/02955/FUL. So 08/04022/FUL provided another 10 rooms, increasing the number of ROOMS to 40, although only one reference appears to be made in the entire document to a total of 40 BEDS. There is no mention of the existing double occupancy rooms being retained within that application, but if they were retained, that would potentially have permitted 44 beds, albeit inadvertently permitted by the LPA at the time.
Page 103 The only other reference to the maximum occupancy that I can find is in the refused 10/01697 Design and Access Statement which incorrectly refers to 07/00428 granting permission for a total bed capacity of 40. Whilst 07/00428 was permitted, it appears that this was for demolition works only, not for increase of capacity. The scheme that should have been referenced as permitting 40 bed capacity is 08/04022. Again, with the misquoted referencing, this is not solid evidence in my opinion as to either the bed capacity or room capacity. I think ultimately it is the LPA's decision as to what is the fall back total occupancy on the site - 40 or 44.
The provided Transport Note appears to cover both occupancy scenarios. The statement indicates that the care home currently has 39 bedrooms of which 5 are double rooms with potential to act as shared occupancy rooms and provide 44 beds. The statement indicates that shared occupancy has ceased within the care home due to unpopularity with residents and as such a maximum of 39 residents currently occupy the site. The scheme has also been reduced in scale to provide only 5 additional bedrooms. This would increase the maximum occupancy to 44 residents, arguably already the fall-back position of the site. I have provided below comments based upon whether the LPA consider the site to provide 40 or 44 beds:
44 Beds: If the LPA determine that the fall-back position is 44 residents based upon 39 existing rooms with 5 double occupancy, the LHA are of the opinion that the proposed annexes will not result in a material increase in vehicle movements or parking demand over the potential of the site to operate as a 44-bed care home utilising double occupancy rooms.
40 Beds: On the other hand, if the LPA determine that the maximum permitted number of beds/residents on site is 40, this proposal would result in 4 additional bedrooms (given that the site has permission for 40 rooms albeit currently only utilising 39). The Transport Note sets out that assessment of staff and resident parking demand is not required due to no additional staff members being required, and the nature of the care home meaning that residents do not drive. As such, only an assessment of visitor parking demand is relevant to this proposal. The LHA would agree with this approach.
The Transport Note provides an illustrative estimate of visitor numbers that could be generated through the additional 5 rooms if they were not considered permitted. The LHA would take the view that this calculation would only be required for 4 of the proposed additional rooms given that 40 rooms are permitted. The applicant has confirmed that on average each resident will receive one visitor per week, which for 5 additional rooms would generate an average of 5 visitors per week, or 0.7 per day. This would appear to be a robust estimate of visitor numbers based on 5 additional rooms. The LHA has reduced this calculation accordingly for only 4 additional rooms as outlined above - this would generate an average of 4 visitors per week, or 0.57 visitors per day. In the event that the LPA determine that the maximum current occupancy is 40 beds/residents; this would represent the worst case scenario for the proposal. The LHA would not anticipate that an on-street parking demand for an additional 0.5 parking spaces per day would result in a highway safety concern. However, this should still be considered by the LPA from an amenity point of view.
Page 104 The applicant has argued that a parking survey would not be appropriate as the proposals do not increase occupancy and given the Covid-19 situation (visitors not permitted at the care home and travel patterns have been altered) this would not be representative of typical conditions. The LPA may still wish to consider whether a parking survey would be required should it be determined that the proposal would increase existing occupancy.
In either case, the LHA would encourage a condition securing the maximum number of residents on site at 44, to ensure that double occupancy rooms are not then re-instated, further increasing the number of residents which would then likely generate additional visitors and a potential for additional staff.
Original comments provided 20/04/2020:
Site History West Sussex County Council was consulted previously on Highways Matters for this location under several planning applications of which the most recent is application ref: SB/10/01697/FUL that sought approval for part demolition of existing extension to facilitate new extension to provide additional 7 No. bedrooms and day space and demolition of existing brick outbuilding and greenhouse and works to existing northern boundary. This application was refused on non-highways grounds.
Proposal This proposal is for construction of 2 no. annexes to provide 6 additional bedrooms. The site current use is rear garden and the proposed extension, as stated in the design and access document, will serve new residents as the demand for further bed spaces has increased over the years.
Vehicle Access and Parking There are no proposed alterations to the existing accesses onto Prinsted Lane, which is an unclassified road subject to 30mph speed limit. Data supplied to WSCC by Sussex Police over the period of the past five years, reveals no recorded injury accidents within the vicinity of the site, therefore there is no evidence to suggest that the existing accesses are operating unsafely or that the proposal would exacerbate an existing safety concern.
The Local Highway Authority (LHA) appreciates that the proposal may generate an intensification of movements; however this is not anticipated to be a highway safety concern given the road serves several other dwellings.
No additional parking provision is proposed to serve the extension. Previous applications on this site indicate that 12 parking spaces (approved under 08/04022/FUL) can be accommodated on site. The proposed extension is situated to the rear of the site, therefore there will be no loss of the existing parking sparking provision. As stated in the supporting documents, no additional staff members will be employed as part of the proposed extension. The current WSCC Car Parking Guidance does not have parking demand for C2 (Care Home) use, however it would not be unreasonable to assume that some parking provision would be required for visitors.
Page 105 Whilst on-street car parking is limited in the immediate vicinity, there are comprehensive parking restrictions prohibiting vehicles from parking in places that would be detriment to highway safety.
We would not consider that highway safety would be detrimentally affected through the proposed nil car parking provision. The Planning Authority may wish to consider the potential impacts of this development on on-street car parking.
Fire Appliances Building Regulations state that fire appliances need to be able to get within 45m of a building. The actual space required to operate at the scene of a fire is 3.7m. The proposed extension seems to be in conflict with these regulations as parts of the proposed annex (south east side) are circa 75 metres from the public highway.
While these matters are strictly not planning matters it is in the interests of the applicant to ensure the approved scheme will also be building regulation compliant.
I have consulted with WSCC Fire Services for additional advice on this matter as they may have additional suggestions / mitigation measures which can be implemented. These additional comments will be provided once received.
Conclusion The LHA does not consider that this proposal would have an unacceptable impact on highway safety or result in 'severe' cumulative impacts on the operation of the highway network, therefore is not contrary to the National Planning Policy Framework (paragraph 109), and that there are no transport grounds to resist the proposal
6.6 WSCC Housing Strategy
Response to Chichester District Council Housing strategy 2020 to 2025
As a consultee to the CDC Housing Strategy, WSCC welcome the opportunity to respond on this important area of Policy.
On behalf of the Council, Mark Dow will respond on the issues of homelessness rough Sleeping and temporary accommodation, aspects of the Housing Strategy.
This response is specifically to address Objective 8 in the Strategy
Addressing the needs of increasing numbers of households who require specialist housing.
WSCC expects, as does CDC the number of the population requiring long term support to rise dramatically in future years as the population ages. CDC population statistics show an aging population, with percentages in each sector of the population over 65 consistently above national averages.
Page 106 WSCC Adult social care strategy 2019-21 highlights that within the he next 20 years the number of people aged 65 and over living in West Sussex will increase by more than 100,000. People aged 85 and over will make up a third of this increase. The strategy focusses on increasing independence and helping people to help themselves. WSCC wants to support people in a way that works for them and give choice and control to that support. Housing solutions such as Extra Care housing (ECH) are integral to delivering this vision.
Supporting working-age adults who have care and support needs to be as independent as possible is equally important. Extra Care Housing can again contribute to meeting the housing and care requirements of some of these adults.
WSCC sees ECH as an all age housing solution, and is keen to see barriers (such as aged over 55) removed from the criteria for this type of housing going forward. WSCC has a target of 500 new ECH homes across West Sussex by 2025 and this target requires a development programme of at least 100 new homes each year. We wish to work in partnership with Districts and Boroughs, and with housing providers such as Registered Providers with experience of development of ECH, in order to deliver this target further.
ECH schemes can additionally offer services to the local community and develop as a community resource, as well as offering employment and training opportunities in the local communities they serve.
Although there are two existing ECH schemes in Chichester District, Leaholme in Chichester, and Lapwing Court in Selsey, there is still by the available measures, an undersupply of ECH and therefore room for further development in Chichester District. Chichester District covers a large geographical area, and there may be demand for two schemes of 60 homes each, in the timescale of this strategy.
WSCC supports mixed tenure schemes of ECH housing located in areas where the care and support provider could recruit, and which are well located in terms of local available facilities.
WSCC recognises that CDC is revisiting and revising its Local Plan, and it may be that there are opportunities to included ECH in some of the strategic sites that emerge from this process, through other strategic developments, or windfall opportunities.
WSCC would be keen to work in Partnership with CDC to deliver this shared objective of the Housing Strategy.
It is worth noting that other Local Authorities have found that the provision of ECH offering an attractive option for those requiring Care and Support, can provide the incentive to move home, for those occupying larger family sized affordable homes who need care. This can result in a better use of housing stock and may if developed and used wisely contribute towards meeting Objective 5 of the Strategy: Using the Districts affordable housing as effectively as possible.
Page 107 The objective of appraising the need for other types of specialised accommodation is welcome. WSCC wishes to reduce reliance on residential care and develop with reputable providers, other types of accommodation including supported living for the range of adult's with Care and Support needs. The County now works in partnership with the NHS, and recent changes to the CCG's will it is hoped streamline services and reduce duplication bringing health and social services together. WSCC holds a wealth of information in relation to this area, and would welcome working in partnership with CDC to deliver agreed outcomes for the District.
6.7 WSCC Fire and Access
To ensure compliance with the Fire and Rescue Services Act 2004, you are asked to forward to the Fire and Rescue Services one copy of the site plan indicating satisfactory vehicle tracking for a fire service appliance.
This plan is required to enable West Sussex Fire and Rescue Service to assess whether there is satisfactory access for a fire appliance and to ensure the plan meets the conditions within The Building Regulations 2019, approved document B: part B5.
From the plans submitted the 2 new annexes appear to be a significant distance away from a Fire Appliance; nearest being approximately 60 to the main road. This does not comply with AD-B Volume 2 - Section 15: Vehicle access para 15.1. Information and evidence will therefore be required to identify how this will be overcome.
6.8 CDC Conservation and Design
Thankyou for consulting conservation and design on the above application. The care home is within the conservation area and the extensions take place to the rear and cannot be seen in conjunction with any historic townscape or other heritage asset, including nearby buildings. The increase in traffic resulting from the development seems so minor that it would be almost impossible to quantify a level of harm to the conservation area, even if harm from non-built fabric were readily identifiable within the remit of planning policy, which it is not.
The proposals cause no harm to the Prinsted Conservation Area or other nearby heritage assets.
6.9 CDC Tree Officer
I refer to your request for my views on the loss of vegetation to enable 2 no. annexes to be constructed to the rear of the site.
The property is within Prinsted Conservation and did have 1 no. large Red Oak tree (T1) subject to SB/03/00924/TPO but this was removed and a suitable replacement conditioned (via a tree application) in 2017. Not sure if a replacement tree has been planted yet?
Page 108 The proposed development would result in the loss of 1 no. moderate grade Goat Willow tree (T1), a number of low grade Conifer and Pittosporum trees Group 1 and moderate grade Hazel within Group 2 Hazel - all located on/adjacent to the eastern (rear boundary), none of which seem worthy of TPO status (as assessed from the Tree report and photos provided) and their loss overall would be of limited detriment to the overall character of the area as this vegetation is set back from Prinsted Lane. The proposed replacement planting of a uniform hedgerow with Beech species, should be conditioned and agreed to be planted in a row/line 500mm spacing) to enable a strong vegetative screen adjacent to the eastern boundary would be acceptable.
6.10 CDC Environmental Protection
Given the scale of the development works the impacts on local air quality and noise levels are not considered to be significant and no further assessment is required.
Construction works During construction works, measures to minimize noise and dust should be put in place in order to reduce impacts on neighbouring properties
6.11 CDC Environmental Strategy
Bats The lighting scheme for the site will need to take into consideration the presence of bats in the local area and the scheme should minimise potential impacts to any bats using the trees, hedgerows and buildings by avoiding unnecessary artificial light spill through the use of directional light sources and shielding.
We require that a bat box is installed on a building onsite facing south/south westerly positioned 3- 5m above ground.
The hedgerows on site are used by bats for commuting and foraging and will need to be retained and enhanced for bats. This will include having a buffer strip around the hedgerows. Any gaps should also be filled in using native hedge species to improve connectivity. Conditions should be used to ensure this.
Reptiles We are happy that a precautionary approach can be undertaken on the site for reptiles. This involves any removal of scrub, grassland or ruderal vegetation to be done sensitively and done with a two phased cut.
Badgers As a precaution any trenches should be covered overnight, or a means of escape made available and any hazardous chemicals need to be suitably stored away so animals cannot access them.
Page 109 Nesting Birds Any works to the trees or vegetation clearance on the site should only be undertaken outside of the bird breeding season which takes place between 1st March 1st October. If works are required within this time an ecologist will need to check the site before any works take place (within 24 hours of any work).
We would like a bird box to be installed on a building and / or tree within the garden of the property.
6.12 CDC Drainage
Flood risk- the application is within flood zone 1 (low risk), we therefore have no objections to the application on flood risk grounds.
Surface water drainage- Their application form selects "soakaway" for drainage of surface water, this approach is acceptable in principle. Due to the scale of the development proposals and their location we have no conditions to request. Surface water drainage should be designed and constructed in accordance with building regulations.
6.13 Third party objection comments
37 third party representations of objection have been received concerning the following matters:
a) Planning Department did not alert residents to application b) How will buildings set apart from main building be staffed? c) Are rooms for residents or staff? d) Loss of trees e) Lack of need for additional care beds f) Issues of safety and amenity arising from parking along Prinsted Lane g) Concerns regarding whether sufficient parking can be provided on site h) Overdevelopment in Conservation Area i) Cars parked out the front of the property would obstruct emergency vehicles gaining access to the rear of the development j) Assembly areas should be assessed for size and suitability k) Development would increase density of development which would pose concerns regarding Coronavirus and ability to achieve social distancing l) Proposal would reduce size of amenity space m) Current lighting is on 24 hours a day and detracts from amenity of neighbours. New buildings would make this worse n) Non-compliance with previous planning conditions o) Noise issues from operations already reduce amenity of neighbours. Staff moving to annexes during the night would have an unacceptable impact upon neighbouring amenity p) Beds should be accessible from both sides to meet duty of care requirements q) Noise pollution from deliveries at unneighbourly hours
Page 110 r) Current parking arrangements are insufficient s) Proposal would conflict with Policy 39 of the Chichester Local Plan t) Proposal would conflict with Policy 47 of the Chichester Local Plan u) Gutters along Prinsted Lane cannot be cleared due to parking arrangements v) Design and Access statement is unclear regarding the location of the access road w) Any unmet extra care housing need could be provided in more suitable locations x) Proposal would not meet the needs of the extra care housing required by WSCC. y) Materials delivery route is shown as an access lane for Tiptop Nurseries. No permission has been given to Prinsted Nursing Home to use the lane as a delivery route.
6.14 Third party support comments
1 third party representations of support have been received concerning the following matters:
a) Care home are good neighbours b) The units are isolation suites and would help manage Covid-19 if there was ever an outbreak c) Proposal will have little or no effect upon the life of Prinsted residents
6.15 Applicant/Agent's Supporting Information
The applicant/agent has provided the following support information during the course of the application:
a) Aboricultural Method Statement b) Design and Access Statement c) Heritage Statement d) Transport Note
7.0 Planning Policy
The Development Plan
7.1 The Development Plan for the area comprises the Chichester Local Plan: Key Policies 2014-2029, the CDC Site Allocation Development Plan Document and all made neighbourhood plans. The Southbourne Neighbourhood Plan was made September 2015 and forms part of the Development Plan against which applications must be considered.
Page 111 7.2 The principal planning policies relevant to the consideration of this application are as follows:
Chichester Local Plan: Key Policies 2014-2029
Policy 1: Presumption in Favour of Sustainable Development Policy 2: Development Strategy and Settlement Hierarchy Policy 6: Neighbourhood Development Plans Policy 33: New Residential Development Policy 39: Transport, Accessibility and Parking Policy 40: Sustainable Design and Construction Policy 43: Chichester Harbour Area of Outstanding Natural Beauty (AONB) Policy 47: Heritage Policy 49: Biodiversity
Southbourne Parish Neighbourhood Plan
Policy 1: Development within the Settlement Boundaries Policy 7: Environment
Chichester Local Plan Review Preferred Approach 2016 - 2035
7.3 Work on the review of the adopted Local Plan to consider the development needs of the Chichester Plan Area through to 2036 is now well underway. Consultation on a Preferred Approach Local Plan has taken place and following detailed consideration of all responses to the consultation, it is intended that the Council will publish a Submission Local Plan under Regulation 19 in March 2021. Following consultation, the Submission Local Plan will be submitted to the Secretary of State for independent examination. In accordance with the Local Development Scheme, it is anticipated that the new Plan will be adopted by the Council in 2022. However, at this stage, it is considered that very limited weight can be attached to the policies contained within the Local Plan Review.
National Policy and Guidance
7.4 Government planning policy now comprises the revised National Planning Policy Framework (NPPF 2019), which took effect from 19 February 2019. Paragraph 11 of the revised Framework states that plans and decisions should apply a presumption in favour of sustainable development, and for decision-taking this means:
c) approving development proposals that accord with an up-to-date development plan without delay; or d) where there are no relevant development plan policies, or the policies which are most important for determining the application are out-of-date, granting permission unless: i. the application of policies in this Framework that protect areas of assets of particular importance provides a clear reason for refusing the development proposed; or ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.
Page 112 7.5 Consideration should also be given to the following paragraph and sections: Sections 2 (Achieving sustainable development), 4 (Decision-making), 12 (Achieving well-designed places), 15 (Conserving and enhancing the natural environment) and 16 (Conserving and enhancing the historic environment). The relevant paragraphs of the National Planning Practice Guidance have also been taken into account.
Other Local Policy and Guidance
7.6 The following documents are material to the determination of this planning application:
Surface Water and Foul Drainage SPD CHC Chichester Harbour AONB Management Plan (2014-2029) Adopted Joint Chichester Harbour Area of Outstanding Natural Beauty Supplementary Planning Document 2017 Chichester Harbour Area of Outstanding Beauty Planning Principles (Management Plan version April 2019) Prinsted Conservation Area Character Appraisal
7.7 The aims and objectives of the Chichester in Partnership Community Strategy 2016- 2029 which are relevant and material to the determination of this planning application are:
Protect and support the most vulnerable in society including the elderly, young, carers, families in crisis and the socially isolated Influence local policies in order to conserve and enhance the qualities and distinctiveness of our area
8.0 Planning Comments
8.1 The main issues arising from this proposal are:
i. Principle of development ii. Design and impact upon character and visual amenity of surrounding area and Chichester Harbour AONB iii. Impact upon heritage assets iv. Impact upon highway safety and parking v. Impact upon amenity of neighbouring properties and future residents vi. Trees vii. Sustainability viii. Ecological considerations ix. Other matters
Page 113 Assessment i. Principle of development
8.2 The Prinsted Settlement Boundary currently divides the site, with the existing care home building situated within the settlement and the rear amenity space located outside the settlement boundary area. Although the rear part of the site falls outside the settlement boundary it is a contained part of the site which is surrounded by development and therefore the proposal would not encroach into undeveloped countryside.
8.3 Policy 2 of the Chichester Local Plan and Policy 1 of the Southbourne Parish Neighbourhood Plan identify land within the Prinsted Settlement Boundary Area as a sustainable location for future residential and business development. As the proposal would provide further beds for an existing care home situated on the site in a sustainable location and without encroachment into open countryside it is considered that the principle of development is acceptable, subject to compliance with other requirements of the Development Plan and other material considerations. ii. Design and impact upon character and visual amenity of surrounding area and Chichester Harbour AONB
8.4 Policy 33 of the Chichester Local Plan requires, amongst other considerations, proposals respect and where possible enhance the character of the surrounding area and site. Policy 43 of the Chichester Local Plan and Policy 7 of the Southbourne Neighbourhood Plan require amongst other considerations, proposals conserve and enhance the natural beauty and locally distinctive features of the AONB.
8.5 The proposed buildings would be located to the rear of the site, which is currently used as amenity space for residents. The structures would be situated adjacent to the southern and eastern boundaries of the site, with an area of paved hardstanding connecting them to the existing building. The proposal would leave a good-sized area of amenity space to the west and north of the buildings for use by residents of the care home. It is considered that the modest height of the structures in combination with the overall footprint of the development would ensure a scale of development that would be commensurate with the size of the site and would not appear cramped within the plot.
8.6 It is also considered that the proposed materials would be reflective of the materials within the site and immediate surrounding area, in compliance with the guidance contained within the Adopted Joint Chichester Harbour Area of Outstanding Natural Beauty Supplementary Planning Document.
8.7 The character of this part of the Chichester Harbour AONB is one of a moderate density of residential development within the settlement of Prinsted, with a horticultural enterprise and open arable farmland to the east. The proposed development is not visible from the streetscene, whilst the lane running south of the site is for private use only. Approximately 80 metres south of the site is a public footpath and given the presence of mature vegetation to boundaries within the site and along the public footpath, the proposal is unlikely to be seen by those using the footpath.
Page 114 8.8 The proposal would achieve a good standard of design that would ensure the proposal would maintain the character and appearance of the surrounding area, whilst would not have any detrimental impact upon the landscape and natural beauty of the Chichester Harbour AONB. The proposal is therefore acceptable in this respect. iii. Impact upon Heritage Assets
8.9 Section 72 of the Town and Country Planning (Listed Buildings and Conservation Areas) Act 1990, requires that the Local Authority give special attention to the desirability of preserving or enhancing the character or appearance of the Conservation Area. Policy 47 of the Chichester Local Plan requires proposals conserve and enhance the special interest and setting of Conservation Areas.
8.10 The site falls within the Prinsted Conservation Area and it is notable that the historic core of the existing care home is identified within the Prinsted Conservation Area Character Appraisal as a building of positive townscape merit. The proposed buildings would be situated to the rear of the property and therefore would not visually impact upon the historic townscape or another heritage asset. The proposal would therefore have no detrimental impact upon the Prinsted Conservation Area and the scheme is acceptable in this regard. iv. Impact upon highway safety and parking
8.11 Paragraph 109 of the NPPF states that development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe. Additionally, Policy 39 of the Chichester Local Pan requires the development should not create or add to problems of safety, congestion, air pollution or other damage to the environment and the level of parking provision should be in accordance with current West Sussex County Council guidance.
8.12 Both the Parish Council and a number of third parties have raised concerns regarding the highways impacts from the proposal. Specifically, concerns have been raised that the current parking provision at the site is insufficient and this results in congestion along Prinsted Lane to the detriment of local residents and difficulties in access for emergency vehicles.
8.13 WSCC Highways have commented that the current WSCC Car Parking Guidance does not include prescriptive standards for C2 (Care Home) use. Accordingly, it is necessary to establish the fall-back position regarding resident numbers and parking provision at the site. The most recently approved application for alterations to either the parking arrangements or resident numbers was granted under application reference 08/04022/FUL. This permitted an extension to the rear of the property, with the Officer's report advising that the proposal would provide 40 bedrooms. One reference within this report is made to the proposal providing bedrooms for 40 residents. This permission did not distinguish between double or single occupancy rooms and it is notable that planning conditions did not limit the number of residents. The permission 08/04022/FUL allocated off-street parking comprising 12 no. spaces to the front and northern side of the site and condition 8 of the same permission required the parking spaces to be retained at all times for their future use.
Page 115 8.14 The Transport Note provided in support of the application advises that Prinsted Care Home currently has 39 no. bedrooms of which 5 no. bedrooms are double bedrooms. This would allow the home to care for 44 residents which is consistent with the Care Quality Commission (CQC) accreditation which allows for the home to provide care for up to 44 persons. It is notable that the intensification of the number of residents at the site could have occurred (such as use of larger rooms as double occupancy rooms) without planning permission. The fall-back position is therefore provision of 40 bedrooms at the site catering for up to 44 residents with onsite parking provision of 12 no. spaces.
8.15 The supporting documentation provided advises that demand for the double rooms at the site has been low and the care provider has taken the decision to utilise the double rooms on a single occupancy basis only. On this basis, the current maximum occupation would be 39 no. residents. Following amendments the proposal would involve provision of an additional 5 no. single occupancy rooms, taking the overall proposed resident number to 44 no. The Planning Statement advises that no additional members of staff are required to support the development. The application proposes no increase in the parking provision within the site. As the proposed number of residents would not exceed the fall-back position of 44 no. residents, the proposal would not result in any intensification in the use of the site no additional parking would be justified to make the scheme acceptable. Planning conditions are recommended to ensure that the number of residents is capped at 44 in the interests of ensuring that the proposal would not result in additional pressure on the highways from vehicle parking.
8.16 The proposal would utilise the existing vehicular access. There is no evidence to suggest that the existing accesses are operating unsafely or that the proposal would exacerbate an existing safety concern.
8.17 A number of the third party concerns advise that parking along Prinsted Lane causes issues for local residents and difficulties for emergency vehicles using the road. WSCC Highways comment that there are comprehensive parking restrictions prohibiting vehicles from parking in places that would be detriment to highway safety.
8.18 A concern has been raised by a third party that a number of the existing parking spaces within the site are obstructed and therefore cannot be effectively used. Should the car parking spaces be obstructed it is likely that this would be a breach of condition 8 of 08/04022/FUL and this would be a matter for CDC Planning Enforcement to consider. The developer has advised that the parking spaces are not obstructed.
8.19 Overall, this proposal would not have an unacceptable impact on highway safety or result in 'severe' cumulative impacts on the operation of the highway network, therefore is not contrary to the National Planning Policy Framework (paragraph 109), or policy 39 of the Chichester Local Plan and there are no transport grounds to resist the proposal. v. Impact upon the amenity of neighbouring properties and future residents
8.20 The National Planning Policy Framework in paragraph 127 states that planning decisions should create places that offer a high standard of amenity for existing and future users. Additionally, Policy 33 of the Chichester Local Plan includes a requirement to protect the amenity of neighbouring properties.
Page 116 8.21 The proposed development would be single storey in nature and would not result in unneighbourly massing along the boundary or loss of light to neighbouring properties.
8.22 A number of third party comments have raised concerns regarding noise and light pollution from the proposal that would harm the amenity of nearby residents. It is not considered that the movements of staff to the proposed accommodation would result in noise disturbance to the extent that it would result in harm to neighbouring amenity. It is understood that provision of additional lighting to the rear amenity space is being considered, however no details have been provided at this stage. A condition is recommended to ensure that control over any additional lighting is maintained by the local planning authority in the interests of protecting neighbouring amenity, the AONB and wildlife habitats.
8.23 The proposal would be situated to the rear amenity space of the site which is predominantly laid to lawn, interspersed with some mature planting. Whilst the proposal would result in the reduction in amenity space for residents, it is considered that sufficient amenity space would be available to users of the home.
8.24 Overall, subject to compliance with conditions, it is not considered that the proposal would be likely to result in loss of amenity to neighbouring residential properties. vi. Trees
8.25 An aboricultural method statement has been provided in support of the scheme. This details the proposal would result in the loss of 1 no. moderate grade Goat Willow tree (T1), a number of low grade Conifer and Pittosporum trees Group 1 and moderate grade Hazel within Group 2 Hazel - all located on/adjacent to the eastern (rear) boundary. These trees have limited back land amenity value to the Conservation Area due to the lack of prominence from any public vantage point. The CDC Tree Officer has commented that none of these trees would be worthy of Tree Preservation Orders.
8.26 By way of mitigation, the aboricultural method statement advises new tree planting and replacement beech hedging should be considered. The CDC Tree Officer considers that the planting of a uniform hedgerow with beech species to the eastern boundary would be most appropriate. This would create a strong vegetation screen adjacent to the eastern boundary and a condition is recommended to ensure that this takes place, along with the comprehensive measures to ensure that retained trees are suitably protected during the construction phase. vii. Sustainability
8.27 Policy 40 of the Chichester Local Plan a 10 point criteria for achieving sustainable design and construction for all new dwellings and new non-domestic dwellings.
8.28 The applicant has confirmed that sustainable construction and design measures will be incorporated into the design of the buildings in accordance with the requirements of policy 40 of the Local Plan, and has agreed to the recommended condition which shall ensure that appropriate measures are provided prior to commencement of the development and thereafter retained in perpetuity.
Page 117 viii. Ecological considerations
8.29 Policy 49 of the Chichester Local Plan requires, amongst other considerations, that the biodiversity value of the site is safeguarded and that the proposal incorporates features that enhance biodiversity.
8.30 The site is not situated within any identified ecological designations. It is however possible those bats may use the hedgerows to the rear of the site for commuting and foraging. Whilst the proposal will result in some loss of vegetation, replacement beach hedge planting to the rear boundary would provide additional suitable habitat and can be considered to provide an ecological enhancement.
8.31 It is recommended that the ecological enhancements proposed by the CDC Environmental Strategy Officers be secured via condition in accordance with the Local Plan and the NPPF. These measures include provision of bat and bird boxes, replacement planting in the form of hedgerows, grassland areas managed to benefit reptiles, log piles on site, hedgehog nesting boxes and provision of gaps to the bottom of fences to allow for the movement of small mammals across the site.
8.32 Following the comments of Natural England, and given the development would not increase the permitted number of residents at the care home the proposal would not have significant adverse impacts on statutorily protected nature conservation sites. Therefore mitigation with regard to recreational disturbance within the Chichester and Langstone Harbour Special Protection Area or waste water quality for designated sites within the Solent is not required for this development.
8.33 Subject to compliance with recommended conditions, the proposal would not have detrimental impact upon any known protected habitat or species and has the potential to provide net ecological gain. ix. Other matters
8.34 WSCC Adult Social Care have been consulted on the application and have commented that that it is anticipated that the population of West Sussex aged over 65 will increase by more than 100,000 over the next 20 years. West Sussex County Council promotes a strategy of increasing independence and choice, and sees housing solutions such as Extra Care housing as integral to delivering this vision. Notwithstanding the proposal in this instance is not Extra Care housing, this would not outweigh compliance with the development plan.
8.35 WSSC Water and Access have advised that a plan of the site showing satisfactory vehicle tracking for a fire service appliance be submitted. It would not be possible to provide access for a fire appliance through the site to the rear of the main buildings and therefore the applicant proposes to install an automatic sprinkler system within the buildings. A condition is recommended to secure a scheme detailing appropriate a facilities to manage the risk of fire, this may include the proposed sprinkler system or if necessary a fire hydrant or stored water supply.
Page 118 8.36 A third party has commented that the materials delivery route is shown as an access lane for Tiptop Nurseries and that no permission has been given to Prinsted Nursing Home to use the lane as a delivery route. This is a third party matter, however a condition requiring a construction management plan is recommended to ensure minimal disturbance to neighbouring developments and the highway during construction.
8.37 A third party has raised concerns that the LPA did not alert residents of Prinsted to the proposed development. A site notice was displayed outside the site in a prominent location in line with the Council’s current policies.
8.38 A number of third parties have raised concerns regarding flooding in the lane. It is understood this occurs when drains are blocked, whilst gutters cannot be cleaned due to parked cars. The Council’s drainage engineer has confirmed that surface water would be managed within the site via a soakaway, and therefore the proposal would not result in an increased risk of flooding either on the site or on the adjacent highway. The scheme is acceptable in this respect, and therefore it is considered that the proposal would not exacerbate any existing issues with drains on the highway.
Conclusion
8.39 Based on the above it is considered that the proposal would provide additional carehome accommodation in a sustainable location without adverse impacts upon existing residents, neighbouring properties, the Prinsted Conservation Area, or the Chichester Harbour AONB. The proposal therefore complies with to development plan policies 1, 2, 33, 39, 40, 43, 47 and 49 of the Chichester Local Plan and policies 1 and 7 of the Southbourne Neighbourhood Plan and as a result the application is recommended for approval.
Human Rights
8.40 In reaching this conclusion the Human Rights of the applicants and nearby occupiers have been taken into account and it is concluded that the recommendation to permit is justified and proportionate.
RECOMMENDATION PERMIT subject to the following conditions and informatives:-
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) The development hereby permitted shall be carried out in accordance with the plans listed below under the heading "Decided Plans"
Reason: For the avoidance of doubt and in the interests of proper planning.
Page 119 3) Notwithstanding any indication on the approved plans and documents, the number of residents at Prinsted Carehome shall at no time exceed 44. no unless otherwise agreed in writing with the Local Planning Authority via a discharge of condition application.
Reason: In the interests of the amenity of future residents and in the interests of parking arrangements
4) No development or demolition shall take place until a Construction Method Statement (CMS) has been submitted to and approved in writing by the Local Planning Authority. The measures approved within the CMS shall thereafter be fully adhered to during the demolition and construction process. The CMS should provide for the following:
a) hours of construction (including demolition) and delivery b) details and method of demolition c) provision for parking of vehicles d) provision for storing of equipment, materials and waste e) details for the erection and maintenance of any security hoarding f) measures to control emission of dust and noise g) provision of road sweepers and/or wheel washing facilities h) details of proposed external lighting to be used during construction, which should be restricted i) waste management and litter control, including prohibiting burning of materials/waste
Reason: In the interests of highway safety and protecting nearby residents from nuisance during all stages of development, and to ensure the use of the site does not have a harmful environmental effect.
5) No development shall commence until a strategy outlining details of the sustainable design and construction for all new buildings, including water use, building for life standards, sustainable building techniques and technology, energy consumption maximising renewable resources, and how a reduction in the impacts associated with traffic or pollution will be achieved including but not limited to charging electric vehicles, has been submitted to and approved in writing by the Local Planning Authority. This strategy shall reflect the objectives in Policy 40 of the Chichester Local Plan: Key Policies 2014-2029. The approved strategy shall be implemented as approved prior to first occupation unless any variation is agreed in writing by the Local Planning Authority.
Reason: To minimise the impact of the development upon climate change. These details need to be agreed prior to the construction of the development and thus go to the heart of the planning permission.
Page 120 6) Notwithstanding any details submitted, no development shall commence until details of a system of foul drainage of the site have been submitted to, and approved in writing by the Local Planning Authority. Any variance in the approved details must be agreed in writing with the Local Planning Authority prior to the commencement of any development in relation to the foul drainage of the site. Thereafter all development shall be undertaken in accordance with the approved details and no occupation of any of the development shall take place until the approved works have been completed. The foul drainage system shall be retained as approved thereafter.
Reason: To ensure adequate provision for drainage. It is considered necessary for this to be a pre-commencement condition as such details need to be taken into account in the construction of the development and thus go to the heart of the planning permission.
7) No development shall commence until a Landscape and Ecological Management Plan (LEMP) setting out measures to ensure the delivery and long term management of the site, including areas of ecological value, has been submitted to and approved in writing, by the Local Planning Authority. The LEMP shall make provision for the following measures:
a) Any trees removed should be replace at a ratio of 2:1 b) Wildflower meadow planting used c) provision of beech hedgerow to eastern boundary d) Log piles onsite e) gaps included at the bottom of the fences to allow movement of small mammals across the site f) one hedgehog nesting boxes included on the site g) 1 no. bird box installed on a building/ tree within rear amenity space h) 1 no. bat box installed on a building on site facing south/south west at 3-5 metres above ground.
Thereafter the development shall be carried out in accordance with the measures included in the LEMP, including timing and phasing arrangements, unless otherwise agreed in writing, by the Local Planning Authority via a discharge of condition application.
Reason: This condition is necessary to ensure the protection of wildlife and supporting habitat and secure opportunities for enhancement of the nature conservation value of the site in line with national planning policy.
Page 121 8) No development shall commence on site until a scheme showing the proposed automatic sprinkler system, and/or if required the location of one fire hydrant or stored water supply (in accordance with the West Sussex Fire and Rescue Guidance Notes), has been submitted to and approved in writing by the Local Planning Authority in consultation with West Sussex County Council's Fire and Rescue Service. Prior to the first occupation of the development hereby permitted, the developer at their own expense shall install the approved sprinkler system and/or any necessary fire hydrant in the approved location to BS 750 standards or stored water supply and arrange for their connection to a water supply which is appropriate in terms of both pressure and volume for the purposes of firefighting. Any fire hydrant shall thereafter be maintained as part of the development by the water undertaker at the expense of the Fire and Rescue Service if adopted as part of the public mains supply (Fire Services Act 2004) or by the owner / occupier if the installation is retained as a private network.
Reason: In the interests of fire safety and in accordance with Chichester Local Plan (2014 - 2029) Key Polices 8 and 9 and in accordance with The Fire & Rescue Service Act 2004. This is a pre-commencement condition as it goes to the heart of the permission.
9) Notwithstanding any details submitted, no works above slab level shall commence until a full schedule of all materials and finishes and samples of such materials and finishes to be used for external walls, roofs, and glazing of the buildings have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved schedule of materials and finishes unless otherwise agreed in writing by the Local Planning Authority.
Reason: To enable the Local Planning Authority to control the development in detail in the interest of amenity and to ensure a development of visual quality.
10) The development shall be carried out in strict accordance with the arboricultural method statement outlined within Section 6 of the submitted Arboricultural Method Statement compiled by Bernie Harverson Arboricultural Consultant dated July 2020.
Reason: In order to preserve protected species and their habitats and enhance biodiversity within the site.
11) Notwithstanding any indication on the approved plans or documents, provision shall be made for the implementation of the following measures during construction:
best endeavours shall be made to check the site over for reptiles prior to the commencement of works and any removal of scrub, grassland or ruderal vegetation to be done sensitively and done with a two phased cut any trenches covered with a rigid material overnight any chemicals securely stored to prevent access by animals
Reason: To safeguard ecology during construction
Page 122 11) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015, as amended there shall be no external illumination on the buildings hereby permitted or the site other than in accordance with a scheme that shall first have been submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of the proposed location, level of luminance and design of the lighting including any measures to minimise light spill. Thereafter the lighting shall be maintained in accordance with the approved scheme in perpetuity.
Reason: In the interests of protecting the rural character of the surrounding area, the AONB, and the habitat of wildlife within the site and its surroundings; in particular protected bats.
Decided Plans
The application has been assessed and the decision is made on the basis of the following plans and documents submitted:
Details Reference Version Date Received Status
PLAN - Existing Location 8877-01 10.03.2020 Approved Plan, Site Plan and Roof Plan (A1)
PLAN - SUBSTITUTE 8877 02 REV A 12.06.2020 Approved PLAN 3/6/20 - PROPOSED PLANS AND ELEVATIONS (A3)
PLAN - BJH 03/04 24.07.2020 Approved
INFORMATIVES
1) a precautionary approach should be undertaken on the site for reptiles. This involves any removal of scrub, grassland or ruderal vegetation to be done sensitively and done with a two phased cut.
2) As a precaution any trenches should be covered overnight, or a means of escape made available and any hazardous chemicals need to be suitably stored away so animals cannot access them.
Page 123 3) The developer's attention is drawn to the provisions of the Wildlife and Countryside Act 1981, the Conservation (Natural Habitats etc) Regulations 1994, and to other wildlife legislation (for example Protection of Badgers Act 1992, Wild Mammals Protection Act 1996). These make it an offence to kill or injure any wild bird intentionally, damage or destroy the nest of any wild bird intentionally (when the nest is being built or is in use), disturb, damage or destroy and place which certain wild animals use for shelter (including badgers and all bats and certain moths, otters, water voles and dormice), kill or injure certain reptiles and amphibians (including adders, grass snakes, common lizards, slow-worms, Great Crested newts, Natterjack toads, smooth snakes and sand lizards), and kill, injure or disturb a bat or damage their shelter or breeding site. Leaflets on these and other protected species are available free of charge from Natural England.
The onus is therefore on you to ascertain whether any such species are present on site, before works commence. If such species are found or you suspected, you must contact Natural England (at: Natural England, Sussex and Surrey Team, Phoenix House, 32-33 North Street, Lewes, East Sussex, BN7 2PH, 01273 476595, [email protected]) for advice. For nesting birds, you should delay works until after the nesting season (1 March to 31 August).
4) A formal application for connection to the public sewerage system is required in order to service this development. Please read our New Connections Services Charging Arrangements documents which has now been published and is available to read on our website via the following link: southernwater.co.uk/infrastructure- charges
For further information on this application please contact William Price on 01243 534734
To view the application use the following link - https://publicaccess.chichester.gov.uk/online- applications/applicationDetails.do?activeTab=summary&keyVal=Q61KX5ERG3800
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