Chichester District Council

Planning Committee

Wednesday 02 October 2019

Report of the Director Of Planning and Environment Services Schedule of Planning Appeals, Court and Policy Matters Between 16-Aug-2019 and 16- Sep-2019 This report updates Planning Committee members on current appeals and other matters. It would be of assistance if specific questions on individual cases could be directed to officers in advance of the meeting.

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

* - Committee level decision. 1. NEW APPEALS (Lodged)

Reference/Procedure Proposal

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

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

Case Officer: Tara Lang

Written Representation

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

Case Officer: Steven Pattie

Written Representation

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

Written Representation

19/00046/CONCOU Kellys Farm Bell Lane Birdham Chichester West Sussex Birdham Parish PO20 7HY – Appeal against BI/46

Case Officer: Steven Pattie

Written Representation

2. DECISIONS MADE

Reference/Procedure Proposal

17/02563/DOM Stedlands Farm Bell Vale Lane Fernhurst GU27 3DJ - Fernhurst Parish Proposed two storey rear extension.

Case Officer: James Gellini

Written Representation

Appeal Decision: APPEAL ALLOWED The appeal is allowed, and planning permission … and listed building consent is granted for a 2- storey rear extension … The main issue in both appeals is whether the proposal would preserve the building … and any of the features of special architectural or historic interest that it possesses. … I understand the Council’s concerns about the effect on the significance of the building from successive enlargement. However, this proposal is behind the historic core of the farmhouse. It involves extending from the early C20 and late C19 extensions into the redeveloped farm outbuildings, which are already attached to this side. The domestic use of the historic core would remain. … In terms of the quantity of the extension and its siting, the proposal is sensitive to the significance of the building, and to the legibility of its development. The width and depth of the additional footprint would be sufficiently modest and set back from the oldest and extended end elevation to differentiate it from the C16 farmhouse, as well as its succeeding extensions. ... On balance, the proposal would preserve the special architectural and historic interest of the Grade II listed building.

17/02564/LBC Stedlands Farm Bell Vale Lane Fernhurst GU27 3DJ - Fernhurst Parish Proposed two storey rear extension.

Case Officer: James Gellini

Written Representation

Appeal Decision: APPEAL ALLOWED The appeal is allowed, and planning permission … and listed building consent is granted for a 2- storey rear extension … The main issue in both appeals is whether the proposal would preserve the building … and any of the features of special architectural or historic interest that it possesses. … I understand the Council’s concerns about the effect on the significance of the building from successive enlargement. However, this proposal is behind the historic core of the farmhouse. It involves extending from the early C20 and late C19 extensions into the redeveloped farm outbuildings, which are already attached to this side. The domestic use of the historic core would remain. … In terms of the quantity of the extension and its siting, the proposal is sensitive to the significance of the building, and to the legibility of its development. The width and depth of the additional footprint would be sufficiently modest and set back from the oldest and extended end elevation to differentiate it from the C16 farmhouse, as well as its succeeding extensions. ... On balance, the proposal would preserve the special architectural and historic interest of the Grade II listed building.

18/03121/DOC Rife Cottage Piggery Hall Lane West Wittering Chichester West Wittering Parish West Sussex PO20 8PZ - Discharge of condition 3 from planning permission WW/17/02506/DOM - schedule of materials. Case Officer: Calum Thomas

Written Representation

Appeal Decision: APPEAL DISMISSED Without complying with a condition attached to planning permission Ref WW/17/02506/DOM … The appeal is dismissed … materials to be used in the development to be approved by the Council prior to works taking place … The building has been constructed using ‘Cedral’ board in silver grey colour. This is a man-made, timber effect product … Whilst designed to have a wood effect appearance, the material has a sheen to it and a neatness that distinguishes it from a natural material … unsympathetic to the rural open surroundings … This low maintenance product also weathers more slowly and would fail to integrate with the setting over time, remaining stark … as does the light colour contrasting against the slate roof and dark framed windows … However, these examples reinforce my conclusion that the material fails to have the natural characteristics of timber cladding and does not integrate successfully within rural locations when used significantly on buildings. In any event, the fact that apparently similar development may have been permitted is not a reason, on its own, to allow unacceptable development. 3. CURRENT APPEALS

Reference/Procedure Proposal

17/00061/CONENG Land North Of Cowdry Nursery Sidlesham Lane Birdham Birdham Parish West Sussex - Appeal against BI/40

Case Officer: Emma Kierans

Written Representation

19/00196/FUL By-The-Brook Bosham Lane Bosham PO18 8HG - Bosham Parish Demolish 1 no. existing dwelling and erect 2 no. 2 bed dwellings and 1 no. 3 bed dwelling. Case Officer: Caitlin Boddy

Written Representation

18/03320/FUL 23 Lavant Road Chichester PO19 5RA - Redevelopment of Chichester Parish the site with a terrace of 2 no. 4-bed and 2 no. 3-bed dwellings, parking, landscaping and associated works. Case Officer: Fjola Stevens

Written Representation

19/00767/DOM 8 Parchment Street Chichester PO19 3DA - Erection of Chichester Parish single storey rear extension.

Case Officer: William Price

Written Representation

19/00768/LBC 8 Parchment Street Chichester PO19 3DA - Erection of Chichester Parish single storey rear extension.

Case Officer: William Price

Written Representation

14/00292/CONBC Paddock View Drift Lane Bosham Chichester West Sussex Chidham & Hambrook Parish PO18 8PR - Appeal against CH/55

Case Officer: Shona Archer

Informal Hearing 03/10/2019 10:00:00 Chichester Harbour Hotel

17/00852/FUL Paddock View Drift Lane Bosham Chichester PO18 8PR - Chidham & Hambrook Parish Variation of condition 2 from planning permission CH/12/01036/FUL, appeal ref APP/L3815/A/12/2179869. To make the permission permanent. Case Officer: Caitlin Boddy

Informal Hearing 03/10/2019 10:00:00 Chichester Harbour Hotel

17/00374/CONCOM Southend Farm Selsey Road Donnington Chichester West Donnington Parish Sussex PO20 7PS - Appeal against D/8

Case Officer: Emma Kierans

Written Representation

18/03126/FUL Louene 34 Birdham Road Donnington PO19 8TD - 1 no. Donnington Parish dwelling and associated work.

Case Officer: Fjola Stevens

Written Representation

19/01036/OUT Land To North Of 20 Wessex Avenue East Wittering East Wittering And Chichester West Sussex PO20 8NP - Outline planning Bracklesham Parish application some matters reserved (access) - Erection of 1 no bungalow. Case Officer: Maria Tomlinson Written Representation

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

Written Representation

18/00402/FUL Field West Of Beachlands Nursery Newells Lane West Funtington Parish Ashling West Sussex - The use of land for the stationing of caravans for residential purposes, together with the formation of hardstanding and utility/dayrooms ancillary to Case Officer: Caitlin Boddy that use.

Public Inquiry 22/10/2019 10:00:00 The Vicars Hall Cathedral Cloisters Chichester PO19 1PX

18/03255/FUL Land Adjacent To 71 West Street Selsey Chichester West Selsey Parish Sussex PO20 9AG - Erection of 1 no. 2 bed bungalow - resubmission of SY/18/02197/FUL. Case Officer: James Gellini

Written Representation

18/03326/FUL 17-19 Seal Road Selsey PO20 0HW - Alterations and Selsey Parish conversion of main property into 7 no. flats and alterations and conversion of the former owners accommodation into a self contained bungalow with associated access, parking, Case Officer: Fjola Stevens bin and cycle storage.

Written Representation

17/02640/FUL Land At Junction Of Keynor Lane And Selsey Road Sidlesham Parish Sidlesham West Sussex - Change of use of land from agricultural land for stationing of caravans for residential purposed by 3 no. gypsy-traveller families, with associated Case Officer: Claire Coles utility building, hard standing, widened gateway, landscaping and access. Informal Hearing 13/08/2019 10:00:00 Chichester District Council East Pallant House PO19 1TY

18/01173/FUL Land South Of Recreation Grounds At Junction Of Keynor Sidlesham Parish Lane Sidlesham West Sussex - Change of use of land from agricultural land for stationing of caravans for residential purposes by 3 gypsy-traveller families with Case Officer: Claire Coles facilitating development (utility buildings, hard standing, widened gateway, septic tank and landscaping). Informal Hearing 13/08/2019 10:00:00 Chichester District Council East Pallant House PO19 1TY

18/02692/PLD 62 Street End Lane Sidlesham PO20 7RG - All or any Sidlesham Parish development as permitted by Schedule 2 Part 1 Development within the curtilage of a dwelling house of The Town and Country Planning (General Permitted Case Officer: Caitlin Boddy Development) (England) Order 2015 (as amended now or in the future). Written Representation

* 18/02925/FUL Land South Of Telephone Exchange Selsey Road Sidlesham Parish Sidlesham West Sussex - Proposed private stable block and associated hard standing. New access to the highway. Case Officer: Maria Tomlinson Written Representation

19/00084/TPA 35 Chalk Lane Sidlesham Chichester West Sussex PO20 Sidlesham Parish 7LW - Fell 1 no. Black Poplar tree (T3). Reduce crown widths/spreads to 5m and heights down to 15m, sever ivy and remove deadwood on 2 no. Black Poplar trees (T4 and Case Officer: Henry Whitby T5) and 1 no. Black Poplar tree (quoted as T1 - northern tree, within Group, G3). All 4 no. trees are subject to Informal Hearing SI/86/00938/TPO.

18/02976/FUL Lumley Mill Lumley Road Southbourne PO10 8AQ - Southbourne Parish Proposed 1 no. dwelling and garage on foundations of the Old Mill. Case Officer: Robert Sims

Written Representation

18/03234/FUL Edelsten Cottage 2 Marine Drive West Wittering PO20 West Wittering Parish 8HE - Demolition of single dwelling house and construction of development comprising 4 no. 2-bed flats, new access and associated works. Case Officer: Caitlin Boddy

Written Representation

17/00333/CONMHC Home Paddock Stables Hambrook Hill North Hambrook Westbourne Parish West Sussex - Appeal against WE/44

Case Officer: Tara Lang

Informal Hearing 05/11/2019 10:00:00 Fishbourne Centre

18/02631/DOC Westbourne House North Street Westbourne Emsworth Westbourne Parish West Sussex PO10 8SN - Discharge of condition 3 and 4 from planning permission WE/17/02788/DOM. Case Officer: Calum Thomas

Written Representation

18/02630/DOC Westbourne House North Street Westbourne Emsworth Westbourne Parish West Sussex PO10 8SN - Discharge of condition 3 and 4 from planning permission WE/17/02789/LBC. Case Officer: Calum Thomas

Written Representation

18/02003/FUL Greytiles Claypit Lane Westhampnett PO18 0NU - Westhampnett Parish Demolition of existing garage, construction of additional dwelling and associated works, subdividing plot. Case Officer: Rob Sims

Written Representation

4. VARIATIONS TO SECTION 106 AGREEMENTS Land At The Eastern End Of Beech Avenue, Bracklesham Bay – ‘Pebble Reach’ The proposal relates to the mortgagee clauses in the existing S106 dated 4th June 2013 which as drafted currently prevent A2Dominion South Limited (the Registered Provider in this instance) from achieving the maximum possible value when securing affordable housing to loan finance. The proposed variation of the standard mortgagee exclusion clause in the agreement has been assessed by officers and by the Council's Housing Officer who raised no objection. The National Housing Federation (the professional body of registered providers) has produced standard text relating to the mortgagee in possession clauses which are now widely used by other councils. This Council now includes the standard text in new Section 106/nominations agreements. The changes to this agreement follow this standard. The changes to the mortgagee clause does not change the approved proportion or mix of affordable dwellings secured under the Section 106 agreement merely the mortgage arrangements. This Council in common with other councils in the area is experiencing submission of a number of applications to vary existing agreements in this way. The variation facilitates the ability/viability of registered providers to continue to deliver affordable housing in the district. The comments received from the Parish Council are noted however the proposals will not as an automatic consequence result in any loss of affordable housing on the Rowan Way site. The 3 month disposal notification is the standard time period imposed by the Council and is supported by the Council's Housing team. Examples of where the same 3 month (12 weeks) mortgage in possession (MIP) clause drafting has been used can be found on the deed of variations at the Tangmere Grain Stores site (TG/17/00194/OBG) and at the Long Copse Lane site in Westbourne (WE/17/00810/OBG). The variation of MIP clauses on developments with a quota of affordable housing in this way has become an accepted means of allowing RP's the flexibility they require in the financial market and builds in appropriate safeguards to ensure that there is no easy loss of affordable units on a site. A deed of variation was completed in this regard on 28th August 2019.

5. CALLED-IN APPLICATIONS

Reference Proposal Stage

6. COURT AND OTHER MATTERS

Injunctions Site Breach Stage

Court Hearings Site Matter Stage Breach Avenue, Southbourne Council’s challenge of Hearing in the Court of Appeal held Inspector’s decision letter on 23rd July 2019. Decision awaited.

Prosecutions Site Breach Stage

7. POLICY MATTERS