District Council

Planning Committee

Wednesday 16 September 2015

Report of the Head of Planning Services

Schedule of Planning Appeals, Court and Policy Matters

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

Note for public viewing via Council web site To 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).

WR – Written Representation Appeal H – Hearing I – Inquiry ( ) – Case Officer initials * – Committee level decision

1. NEW APPEALS

Reference/Procedure Proposal

BI/15/00194/CONTRV Land North West of Premier Business Park Road I (R Hawks) Appledram West - Use of land as a Traveller Site In progress Linked to BI/15/01287/FUL and BI/15/01288/FUL

BI/15/01287/FUL Birdham Road Birdham PO20 7BU - Proposed I ( R Hawks) single pitch site including the provision of a utility building for In progress settled gypsy accommodation together with existing stables. Linked to BI/15/00194/CONTRV and BI/15/01288/FUL

BI/15/01288/FUL Birdham Road Birdham West Sussex PO20 7BU - Proposed I (R Hawks) single pitch site including the provision of a utility building for In progress settled gypsy accommodation together with existing stables. Linked to BI/15/00194/CONTRV and BI/15/01287/FUL

CC/15/01122/DOM 28 Westgate Chichester West Sussex PO19 3EU - Single WR (A Miller) storey rear extension. In progress Linked to CC/15/01123/LBC

CC/15/01123/LBC 28 Westgate Chichester West Sussex PO19 3EU - Single WR (A Miller) storey rear extension. In progress Linked to CC/15/01122/DOM

E/15/01149/DOM 95 First Avenue Almodington PO20 7LQ - Two WR ( C Boddy) storey erection of ancillary domestic building comprising In progress garage, workshop, gym, storage and home office. Reference/Procedure Proposal

PS/14/03665/FUL Oakley Grange Plaistow Road Billingshurst WR ( P Kneen) West Sussex RH14 0JY - Proposed track across paddock In progress adjoining Oakley Grange, Kirdford.

SY/15/00905/COUPMB Ferry Farm Chichester Road West Sussex - WR ( N McKellar) Proposed change of use from agricultural building to 1 no. In progress dwelling (C3 Use Class).

SDNP/15/00136/OPDEV Manor Farm A286 Town Lane to the Grove Singleton WR ( A Simpson) Chichester West Sussex PO18 0EX - Earth works. In progress

SDNP/15/00982/HOUS Mottistone Cottage Terwick Hill Petersfield West WR ( M Mew) Sussex GU31 5EJ - Replacement of a 4ft fence and 8ft In progress Leylandii with 6ft fence and Laurel bush.

WW/15/00363/FUL Land to the Rear of Tanglewood Briar Avenue WR ( P Kneen) West Sussex - Proposed six pitch static caravan site with In progress wardens caravan for holiday proposes only. Linked to WW/15/00353/FUL

WW/15/00353/FUL Land to the Rear of Tanglewood Briar Avenue East Wittering WR (P Kneen) West Sussex - Temporary retention for a period of three In progress years of eight no lorry containers for storage purposes. Linked to WW/15/00363/FUL

2. DECISIONS RECEIVED

Reference/Decision BO/14/03124/OUT Ruddles Sunnyway Chichester PO18 8HQ - WR (P Kneen) Construction of chalet bungalow in part of garden. Dismissed

"... The appeal is dismissed. The design and access statement describes the proposed dwelling as a chalet bungalow with an integral garage and car-port. The proposal would divide the plot into two and replace the car-port/garage with a chalet bungalow. The sub-division of the plot currently occupied by Ruddles would result in the creation of two plots that would be significantly smaller than those associated with any of the other dwellings in this part of Sunny Way. The space around the proposed dwelling would be restricted, making it appear somewhat cramped. Its garden would be smaller than any of the adjoining properties. This arrangement would be out of character with the spacious layout of dwellings in Sunny Way as a whole...the introduction of a dwelling directly in front of Ruddles would be an incongruous addition to the area. In my view this would be harmful, as it would disrupt the existing layout and pattern of development that characterises the rest of the street....the proposal would not result in harm to the Area of Outstanding Natural Beauty (AONB)...even with the retention of adequate vegetation, it seems to me that the proposed dwelling would appear cramped on this constrained site...vehicles accessing Ruddles would have to negotiate a sharp bend on the driveway and cross in front of the proposed dwelling. I consider these matters demonstrate that there would be an awkward and contrived relationship... I am not satisfied that a dwelling could be satisfactorily accommodated on this constrained sited. I therefore conclude that the proposal would be harmful to the character and appearance of the area, contrary to Policy 33 of the Chichester Local Plan..."

CC/14/02308/FUL 36 Stirling Road Chichester West Sussex PO19 7DT - WR (M Tomlinson) Replacement of redundant old garage with a single dwelling Dismissed of chalet design.

"...The appeal site is small and narrow when compared to others in the area and on this section of Stirling Road. The proposal would result in the chalet-style property being sited virtually up to the side boundaries of the plot and it would be provided with a rear garden of around 6m in depth. Unlike most other properties within the immediate area, it would not be provided with any meaningful space to the sides and although the proposed building in itself would be relatively modest in size, it would appear cramped within its own site. This would be compounded by the fact that the floor level of the property would be raised in order to address flooding issues, and so it would look unusually tall for a dwelling of its type. In this way, I consider that the proposal would appear visually awkward and out of place; it would have an unacceptably negative effect on the character of the area. As a consequence it would be contrary to the aims of Policies BE11 and BE13 of the Chichester District Local Plan First Review 1999 (CDLP), and Policies 10 and 33 of the emerging Chichester Local Plan (CLP), to which I attach some weight due to its advanced stage towards adoption. The proposal indicates that parking would be provided on the frontage of the site. The plans indicate that 2 spaces are proposed but it seems to be acknowledged by the appellant that space would be available for 1 car. The frontage of the site would be restricted due to its width, the presence of a proposed pedestrian ramp, and the boundary of the neighbouring properties. The proposed configuration of the site would indicate that a car would have to be parked parallel to the adjacent road; as this section of Stirling Road is a dead-end, a car would need to turn in order to leave the site. The depth of the frontage of the site that would be available for the car to park or manoeuvre is around 3.5m and perhaps a little deeper in front of the proposed bay. The width of the road here is 3.6m, contrary to what is indicated as being around 4.6m on the submitted section and less than 3m on the submitted plan (3.6m was measured on site in the presence of the appellant and Council's representative and agreed by both as being accurate). This would give a combined width of around 7m for a vehicle to execute a 180 degree turn; this would prove difficult and would involve a number of separate manoeuvres. I have given consideration to the likely effects that this would have on the safety and free movement of vehicles and pedestrians on this section of Stirling Road. This section of Stirling Road only serves a small number of other properties and it has no footway; I observed, and I would expect that, few vehicles use this part of the road and when they do, it is not at great speed due to its narrowness and the fact that pedestrians would share the road. In this context, I consider that the use of the frontage for parking and the resultant manoeuvres that would be required to enter and turn and then exit the site would not unduly affect the safe passage of vehicles and pedestrians. Therefore, on this issue I conclude that highway safety would not be prejudiced..." by the proposal. However, and notwithstanding my conclusion, I consider that its restricted nature and the protracted manoeuvres that would be needed to enter or exit the site would prove to be an inconvenience to future residents.

WH/14/03736/LBC 6 Old Place Lane Chichester PO18 0NL - WR (S Locke) Proposed four no conservation rooflights along with minor Allowed alterations.

"... Old Place House is a Grade II listed 17 th Century farmhouse. It is two storeys with a tiled roof with Dutch shaped gable ends... The special architectural and historic interest of the building is derived from the previous historical use and associations with the main farmhouse and the design of the buildings, as individual pieces and as a group... The previous works to convert the building, and subsequent works, have resulted in the introduction of a number of alterations and additions to the original buildings. Included in these additions are rooflights spread across a number of the roof slopes of the adjoining parts of the building and nearby buildings... The Council are concerned that the further proliferation of such windows will reduce the agricultural character and appearance of the building, increasing its domestication and undermining its subservient relationship with the main farmhouse... The two proposed rooflights on the rear elevation would be located on a expansive area of roof that only accommodates a modest number of such features already. The further rooflights would not appear excessively dominant and would not detract from the architectural appearance of the building. The two rooflights on the end hip are located on a more constrained tiled section of the roof, would be visible from Madgewick Lane and would be viewed in association with other such features on the Madgewick Lane roof slope of the building's roof...On this basis I conclude that the proposed roof lights are minor alterations that would not harm the special architectural or historic interest of the listed building..."

WR/14/02859/FUL Roosters Store Durbans Road WR (M Tomlinson) Billingshurst West Sussex RH14 0DG - Removal of condition Allowed 4 of planning permission WR/99/00567/FUL.

"... The Council are concerned that the removal of the condition would result in a more intensive use of the land for the keeping of poultry and storage. As the appeal site is surrounded by residential properties on three sides the Council consider that this would lead to increased noise and odour disturbance to nearby neighbours. However neither the officer's report nor the Council's statement of case put forward any substantial evidence to demonstrate the basis for this argument. It is stated that the level of poultry keeping is low key and the appellant's father does not earn a living from the activity. It is also recognised by the Council and third parties that Mr M Gent has kept poultry for a number of years and has sold eggs locally. From the third party submissions it is clear that issues of noise and odour disturbance exist now. I therefore conclude that the removal of the condition would not necessarily lead to a more intensive use and I find no conflict with Policies RE1, RE5, BE11 and RE14 of the Local Plan1(LP) which seek to restrict development in the rural area and ensure it is of an appropriate design. Policies BE1 and BE13, which relate to Settlement Policy Areas, are also referred to by the Council but these are not applicable due to the site's position in the rural area. The appellant submits that Manual for Streets 2 has been published since the previous appeal 2 was dismissed in 2008 on grounds of highway safety. This sets out where vehicle exits are on the back edge of the footway, as in the appeal site, drivers emerge more cautiously. The acceptability of such accesses is dependent on the frequency of vehicle movements amongst other matters. I consider along this 'C' class road this would be low other than at morning and evening rush hour. Furthermore pedestrian activity outside the appeal site would be low given the provision of a properly constructed footway on the other side of the road. As such I conclude that the removal of the condition would not affect highway safety and as such there would be conflict with Policy TR6 of the LP.

3. OUTSTANDING APPEALS

Reference/Status Proposal

BI/15/00194/CONTRV Land North West of Premier Business Park Birdham Road WR Appledram West Sussex - Use of land as a Traveller Site (R Hawks) In progress

BI/14/23356/PLD Martins Lea Martins Lane Birdham Chichester PO20 7AU - WR (F Stevens) Construction of driveway to Lock Lane, in connection with In progress additional hard surfacing.

BO/14/01911/FUL Land to the North of Bosham Station Ratham Lane WR Bosham West Sussex - New four-bed detached two storey (F Stevens) house with attached single garage. In progress

BO/14/03168/COUPJ The Mill Ham Farm Main Road Bosham Chichester WR (C Boddy) West Sussex PO18 8EH - Part 3, Class J: Change of use In progress from B1(a) office to C3 residential.

SDNP/14/04865/FUL Land North of Junction with B2138 Bury Road Bury West BY Sussex - Change of use from agricultural land to a Gypsy I (D Price) and Traveller's site. In progress

CC/14/02201/FUL Garage Compound South of 39 to 45 Cleveland Road WR (P Kneen) Chichester West Sussex - Proposed residential In progress development to form three no three bedroom detached houses with associated gardens and garages.

CC/14/02551/FUL Land adjacent to 1 Kings Avenue Chichester West Sussex WR (C Boddy) PO19 8EA - Proposed two-bedroom detached house. In progress

CC/14/03359/PDE 18 Juxon Close Chichester West Sussex PO19 7AA - Single WR (H Chowdhury) storey rear extension (a) rear extension - 4.0m (b) maximum Awaiting decision height - 3.7m (c) height at eaves - 2.3m.

CH/14/00181/CONMHC Field West of Five Oaks Newells Lane West Ashling I (S Archer) West Sussex - Stationing of mobile home. In progress Public Inquiry to be held 10 December 2015 at 10:00 Bourne Leisure Centre

Reference/Status Proposal

CH/14/01342/FUL Buildings B C and D Lion Park Broad Road Hambrook I (N Langford) Chidham Chichester West Sussex PO18 8RG - In progress Development of 25 no dwellings (4 no 1 bed and 21 no 2 Public Inquiry to be held bed) with associated parking and amenity space, in place of 6, 7, 8, 9 October 2015 at commercial blocks B, C and D approved under 09/ 10:00, CDC Com Rm 2 04314/OUT and 11/01764/REM (resubmission of 13/ 00984/ FUL).

CH/14/02138/OUT Land East of Broad Road Hambrook West Sussex - I (J Bell) Residential development of 120 single and two storey In progress dwellings comprising 48 affordable homes and 72 market Public Inquiry to be held price homes, garaging and parking together with retail unit, 22, 24, 25 September sports pavilion, community facility, new vehicular and 2015 at 10am at WSCC pedestrian access to Broad Road, emergency and and 23 September 2015 pedestrian access to Scant Road West, sports facilities, 2 at Chichester Park Hotel. tennis courts, football pitch and 4 cricket nets, children’s play area, public open space and natural green space on a site of 9.31 ha.

SDNP/15/00662/HOUS The Corn Store Dye House Lane West DUNCTON Sussex GU28 0LF - External alterations and construction of WR (M Mew) raised platform. In progress Linked to SDNP/15/00663/LIS

SDNP/15/00663/LIS The Corn Store Dye House Lane Duncton Petworth West DUNCTON Sussex GU28 0LF - External alterations and construction of WR (M Mew) raised platform. In progress Linked to SDNP/15/00662/HOUS

SDNP/14/06393/FUL Ilex House Upperfield West Sussex GU29 9AE EASEBOURNE - Construction of a new dwelling. WR C (Cranmer) In progress

EWB/14/01806/OUT Land East of Barton Way Clappers Lane Earnley I (F Stevens) West Sussex - The erection of 110 residential dwellings, In progress new vehicular access, open space, and other ancillary Public Inquiry to be held works. 8 and 9 December 2015 at 10am, Bracklesham Barn

SDNP/14/05057/LIS Old Manor House Petersfield GU31 5PA - HARTING Replacement of five timber single glazed windows on the WR (M Mew) rear 1930s extension with new timber double glazed units. In progress

Reference/Status Proposal

LX/13/03809/OUT Land South of Farm Place High Street Loxwood – I (N Langford) erection of 25 no residential dwellings comprising of 14 no Public Inquiry to be held private residential dwellings and 11no affordable residential 8-11 Sept, CDC Com Rm dwellings, associated private amenity space and parking. 2 at 10 am

SDNP/14/05025/LIS High Hampstead Petworth GU28 9EX - Retention Lurgashall of roof insulation in main barn inserted between rafters with WR(C Cranmer) plasterboard below so as to obscure rafters, contrary to In Progress condition 12 on planning permission LG/07/02213/FUL and condition 6 of listed building consent LG/07/02214/LBC.

SDNP/14/02271/HOUS The Old Cottage , GU29 0JB – Midhurst Conservatory WR (M Mew) Linked to SDNP/14/02272/LIS In progress

SDNP/14/02272/LIS The Old Cottage Bepton Midhurst GU29 0JB - Conservatory Midhurst Linked to SDNP/14/02271/HOUS WR (M Mew) In progress

SDNP/14/03765/FUL Fairleads Wheatsheaf Enclosure Liphook Hampshire WR (M Mew) GU30 7EJ - Replacement dwelling substituting existing 4 bed house to create a 5 bed home. In progress

SDNP/14/00373/OPDEV Stillands Shillinglee Road Shillinglee WR (R Hawks) West Sussex GU8 4SX - Creation of a bank. Petworth Appeal against enforcement notice. In progress

SDNP/15/01349/HOUS Lower House Durleighmarsh Rogate Petersfield West ROGATE Sussex GU31 5AX - Oak framed glazed garden room WR (R Grosso extension to side. Macpherson) Linked to SDNP/15/01351/LIS In progress

SDNP/15/01351/LIS Lower House Durleighmarsh Rogate Petersfield West ROGATE Sussex GU31 5AX - Oak framed glazed garden room WR (R Grosso extension to side and insertion of roof light on south Macpherson) elevation. In progress Linked to SDNP/15/01349/HOUS

SDNP/14/04194/HOUS Tollgate Cottage Durleigh Marsh Petersfield Hampshire Rogate GU31 5AX - Single storey rear extension and various works. WR (M Mew) Linked to SDNP/14/04195/LIS In progress

Reference/Status Proposal

SDNP/14/04195/LIS Tollgate Cottage Durleigh Marsh Petersfield Hampshire Rogate GU31 5AX - Single storey rear extension and various works. WR (M Mew) Linked to SDNP/14/04194/HOUS In progress

SY/15/00320/FUL Student Accommodation Home Farm Chichester Road Hearing (F Stevens) Selsey Chichester West Sussex PO20 9DX - Variation of Hearing to be held 13 condition 3 of permission SY/14/01758/FUL. Change need October 2015 at 10am, to retain these buildings in agricultural occupancy. Chichester District Council

SI/14/04249/ELD Magnolia Cottage Cloverlands Chalder Lane , WR (P Kneen) Chichester West Sussex, PO20 7RJ- To continue use of In progress building as a single dwelling.

SI/15/00157/CONMHC Field South of Green Lane Piggeries Ham Road Sidlesham H West Sussex - Stationing of a mobile home engineering (R Hawks) works. Hearing to be held 9 February 2016 at 10am, Chichester District Council

SB/14/02843/OUT Land East of Breach Avenue Southbourne Hampshire - H (J Bushell) Development of up to 34 dwellings, access, retention of Hearing to be held 6 orchard, public open space and other associated works on October 2015 at 10am land at Breach Avenue. Woolstaplers Room, Novium

SB/15/00113/FUL Land between Meadowsweet and Appletrees Lumley Road WR Southbourne West Sussex - Construction of a dwelling. (F Stevens) In progress

WE/14/00911/FUL Land on the North Side of Long Copse Lane Westbourne I ( J Bushell) West Sussex - Erection of 16 no dwellings, vehicular and In progress pedestrian access, car and cycle parking and landscaping Public Inquiry to be held 27-29 October 2015 at 10am – CDC Committee Room 1

Reference/Status Proposal WE/14/01217/FUL Land West of Harwood Cemetery Lane Woodmancote H (J Bell) Westbourne West Sussex - Provision of five Gypsy and Awaiting Decision Traveller pitches incorporating the re-design of an existing pitch (including the removal of stables granted in permission WE/13/03867/FUL) and the use of land for the stationing of caravans for residential purposes for an additional 4 no. gypsy pitches, together with the formation of additional hard standing and utility/ dayrooms ancillary to that use.

WI/15/00896/DOM Little Court Itchenor Road West Sussex, WR PO20 7DD - Change in fenestration of first floor rear (M Tomlinson) windows and change first floor rear balcony balustrade from In progress timber to glass.

WW/13/00232/CONCOM Bramber Plant Centre Chichester Road – WR (S Archer) Portacabins being used as office – appeal against In progress enforcement notice.

4. VARIATIONS TO SECTION 106 AGREEMENTS

NONE

5. CALLED-IN APPLICATIONS

Reference Proposal Stage

NONE

6. COURT AND OTHER MATTERS

Injunctions

Site Breach Stage

Land at Premier Stable and other Contempt proceedings have been Site Birdham preparatory works in the lodged. Crown Court has given a Road AONB without planning hearing date of 5 October 2015. permission. Due to ongoing breaches and further works injunctions against further parties are being sought in addition to further enforcement action taken.

Land at Scant Preparation to convert use Investigations ongoing and injunction Road East to residential without being prepared if other methods of planning permission. enforcement prove not to prevent the planning harm identified. Planning application now made. Court proceedings suspended.

Prosecutions

Site Breach Stage

Nell Ball Farm Failure to comply with (i) Prosecution authorised and papers Plaistow planning enforcement passed to Legal Services (containers notices on the land). (ii) Prosecution proceedings to be recommenced in relation to the stationing of mobile homes.

Dean Ale and Failure to comply with Planning application has been Cider House planning enforcement received. Matter is listed to 25 West Dean notice September 2015 but likely to be adjourned and will be withdrawn if planning permission for relevant enforcement notice is granted.

Site Breach Stage

12 Second Failure to comply with Matter withdrawn as compliance with Avenue section 215 notice. notice largely achieved. Notice Emsworth remains in effect and site will be monitored. Kellys Farm Bell Failure to comply with Certificate of lawful use granted. Lane Birdham planning enforcement Matter therefore withdrawn from Court notice as requirements of enforcement notice now satisfied. The Barnyard Display of unauthorised Defendant found guilty at hearing and adverts. given absolute discharge. Further action review 1 November 2015.

High Court

Site Matters Prohibited by the Stage Order

Planning injunction

NONE

Magistrates Court

NONE

7. POLICY MATTERS

NONE