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Rother District Council

PLANNING COMMITTEE 10 November 2005

Minutes of the Planning Committee held at the Town Hall, Bexhill on Thursday 10 November 2005 at 9.30am.

Present:- Councillors C.N. Ramus (Chairman), R.E. Parren (Vice-Chairman), Mrs H.R. Bridger, R.F. Dyason (ex-officio), P. Fairhurst, Mrs J.P. Gadd (in part), G.E.S. Hearn, J.A.J. Kemp, B. Kentfield, C.R. Maynard (in part), C.F. Starnes (in part), D.W.L.M. Vereker and R. White.

Also present: Councillors Mrs E.E. Armstrong, S.H. Earl (in part), Mrs J.M. Hughes and R.H. Patten (in part).

Advisory Officers in attendance: Director of Services (in part), Head of Planning, Legal Services Manager (in part), Development Control Manager, Team Leader (East) Development Control, Team Leader (West) Development Control (in part), Principal Planning Officer (Enforcement and Appeals) (in part) and Democratic Services Officer.

PL68. MINUTES

The Chairman was authorised to sign the minutes of the meeting of the Committee held on 13 October 2005 as a correct record of the proceedings.

PL69. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Mrs W.M. Miers and Mrs D.C. Williams.

DECISIONS TAKEN UNDER DELEGATED POWERS

PL70. ENFORCEMENT MATTERS

The following enforcement matters were reported:

(1) Catsfield – Wylands International Angling Centre, Powdermill Lane – Extensions; earth bund; conversion of ground floor storage area in main building to office and meeting room; storage of various non-agricultural items; storage of hardcore; storage containers; stationing of portacabins and toilet block.

RESOLVED: That, subject to being satisfied evidentially, the District Secretary be authorised to issue the appropriate enforcement notice - 1 - and take any other steps necessary, including legal action under Sections 179 and 181 of the Town and Country Planning Act 1990. Compliance period: Two months.

(2) Crowhurst – ‘Hunters Moon’, Forewood Lane – Use of land for temporary uses in excess of 28 days per annum.

RESOLVED: That, subject to being satisfied evidentially, the District Secretary be authorised to issue the appropriate enforcement notice and take any other steps necessary, including legal action under Sections 179 and 181 of the Town and Country Planning Act 1990 Compliance period: One month.

(3) Ticehurst – Cherry Tree Farm, Hawkhurst Road, Flimwell – Use of building for residential purposes, siting of two caravans used for residential purposes.

RESOLVED: That, subject to being satisfied evidentially, the District Secretary be authorised to issue the appropriate enforcement notice and take any other steps necessary, including legal action under Sections 179 and 181 of the Town and Country Planning Act 1990. Compliance period: Three months.

PL71. TOWN AND COUNTRY PLANNING ACT 1990 – SECTION 247 – PROPOSED STOPPING UP OF HIGHWAY AT LAND BETWEEN KING’S BANK LANE AND MAIN STREET, BECKLEY

Members considered the report of the Director of Services which detailed the reasons why the Council needed to make a formal objection to a Notice issued by the Government Office for the South East (GOSE). The Notice announced the publication of a draft Order under the Town and Country Planning Act (1990), s.247 authorising the stopping up of the highway at land in Beckley. An application to develop the site was granted on appeal by the Planning Inspector in September 2004, but it would appear that all parties had been unaware of the legal status of the land as public highway.

RESOLVED: That the report be noted and forwarded to Cabinet without further comment.

PL72. APPLICATIONS

Outline planning permissions are granted subject to approval by the Council before any development is commenced, of the siting, design, external appearance of the buildings, means of access thereto and landscaping. Unless otherwise stated, every planning permission is granted subject to the development beginning within 3 years from the date of the permission* - or in regard to outline permissions, in the case of reserved matters, application for approval within three years from the date of the grant of outline permission; and the development to which the permission relates must begin no later than whichever is the later of the following dates: the expiration of three* years from the date of the grant of outline permission or, the expiration of two years from the final approval of

- 2 - the reserved matters, or in the case of approval on different dates, the final approval of the last such matters to be approved.

In certain circumstances the Planning Committee will indicate that it is only prepared to grant or refuse planning permission if, or unless certain amendments to a proposal are undertaken or subject to completion of outstanding consultations. In these circumstances the Head of Planning can be given delegated authority to issue the decision of the Planning Committee once the requirements of the Committee have been satisfactorily complied with. A delegated decision does not mean that planning permission or refusal will automatically be issued. If there are consultation objections, difficulties, or negotiations are not satisfactorily concluded, then the application will have to be reported back to the Planning Committee or placed on the Reserved List as a means of providing further information for elected members. This delegation also allows the Head of Planning to negotiate and amend applications, conditions, reasons for refusal and notes commensurate with the instructions of the Committee. Any applications which are considered prior to the expiry of the consultation reply period are automatically delegated for a decision.

RESOLVED: That the planning applications be determined as shown in Appendix A attached hereto.

* (Reduced to 3 years with effect from 24 August 2005 by the Planning and Compulsory Purchase Act 2004)

PL73. PLANNING OBLIGATIONS

RESOLVED: That in relation to the applications below:-

a) the District Secretary be authorised to prepare a Planning Obligation under the provisions of Section 106 of the Town and Country Planning Act 1990 (as amended) in respect of the matters indicated; and b) power be delegated to the Head of Planning, exercisable upon execution of the Obligation to the satisfaction of the District Secretary, to grant permission subject to the conditions stated.

(1) RR/2005/2272/P BRIGHTLING HUNTERS FARM, MOUNTFIELD LANE DEMOLITION OF ATCOST BARN AND TWO COVERED STOCKYARDS. CONVERSION OF OAST TO DWELLING HOUSE AND THREE BARNS TO FORM FOUR HOLIDAY COTTAGES, STORAGE AND CAR PARKING TOGETHER WITH ERECTION OF DOUBLE GARAGE FOR FARMHOUSE. Gemselect Ltd

Subject to the completion of a Section 106 Obligation to tie the accommodation to Hunters Farm, to limit the use of the holiday cottages and to ensure the construction of new replacement agricultural buildings prior to the occupation of the Oast and subject to the receipt of consultation responses, the decision be delegated to the

- 3 - Head of Planning to grant full planning permission subject to the following conditions:

1. CN5E (Restrict alteration/additions a, b + c) 2. No development shall take place until there has been submitted to and approved by the Local Planning Authority a fully detailed schedule of all external materials indicating types, colours and finishes of bricks and tiles to be used and the development shall be carried out using the approved materials. Reason: RC14 3. CN8C (Foul and surface water drainage) 4. CN11S (Large scale details - window frames and doors) 5. CN12L (Floodlighting control). 6. CN12S (Parking provision). 7. CN10A (Highway conditions as may be recommended). 8 No development approved by this permission shall be commenced prior to a contaminated land assessment and associated remedial strategy, together with a timetable of works, being submitted to the local planning authority for approval. a. The contaminated land assessment shall include a desk study to be submitted to the local planning authority for approval. The desk study shall include the history of the site’s uses and a walk- over survey. It shall, if necessary, propose a site investigation strategy based on the relevant information discovered by the desk study. The strategy shall be approved by the local planning authority prior to investigations commencing on site. b. The site investigation, including relevant soil, soil gas, surface and ground water sampling, in accordance with a quality assured sampling and analysis methodology. c. A site investigation report detailing all investigative works and sampling on site, together with the results of analysis, risk assessment to any receptors and a proposed remediation strategy shall be submitted to the local planning authority. The local planning authority shall approve such remedial works as required prior to any remediation commencing on site. The works shall be of such a nature so as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment (including any controlled waters). d. Approved remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. If during any works contamination is encountered which has not previously been identified then the additional contamination should be fully assessed and an appropriation remediation scheme submitted to the local planning authority for approval. e. Upon completion of the works, this condition shall not be discharged until a closure report has been submitted to and approved by the local planning authority. The closure report shall include details of the proposed remediation works and the quality assurance certificates to show that the works have been carried out in full in accordance with the approved methodology. Details of any post remediation sampling and analysis to show the site has reached the required clean-up criteria shall be included in the

- 4 - closure report together with the necessary documentation detailing what waste materials have been removed from the site. 9. Ecological condition re mitigation measures. Notes: i. N11A ii. N11C iii. The buildings the subject of this application are curtilage Listed Buildings. Listed Building Consent is required in respect of the development hereby granted planning permission and no development should take place until that consent has been obtained. iv. The buildings to be demolished on the site may contain asbestos and it is recommended that specialist advice be sought in relation to demolition methods and disposal of asbestos.

REASONS FOR GRANTING PERMISSION: The proposed conversion of the agricultural building would accord with Government advice contained within PPS7: Sustainable Development in Rural Areas, Policy S1, S10(b) and S11 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policies GD1 and HG11 of the Rother District Local Plan: Revised Deposit (November 2003).

(2) RR/2004/3423/P BEXHILL BAIRD COURT, MARIA COTTAGE, VILLA MARIA, RED MAYS, UPPER SEA ROAD & STATION ROAD DEMOLITION OF EXISTING BUILDINGS. ERECTION OF FIVE STOREY BLOCK OF 51 FLATS AND ALTERATIONS TO EXISTING VEHICULAR ACCESS. Domaines Du Chateau Ltd

Subject to the completion of a Section 106 Obligation to agree the provision of affordable housing and the erection of a commemorative plaque and subject to highway comments, the decision be delegated to the Head of Planning to grant full planning permission subject to the following conditions:

1. No development shall take place until there has been submitted to and approved by the Local Planning Authority a fully detailed schedule of all external materials indicating types, colours and finishes to be used in respect of the building and the development shall be carried out using the approved materials. Reason: In the interests of the visual amenities of the locality and to accord with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011. 2. Prior to the commencement of development details of the proposed new access crossover visibility and construction shall be submitted to and be subject to the approval of the Local Planning Authority in consultation with the Highway Authority. The proposed building shall not be occupied until the access has been carried out in accordance with the approved details.

- 5 - Reason: In the interests of road safety and to accord with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991- 2011. 3. No floodlighting or external lighting of the site shall take place without the prior written approval of the Local Planning Authority and such details for approval shall include methods of shielding the light source from outside of the site and the lighting shall be installed in accordance with the approved details. Reason: To safeguard the amenities of the locality. (CN12L) 4. Details of foul and surface water drainage for the site shall be submitted to and approved by the Local Planning Authority before any work on the site commences. The drainage works shall be constructed in accordance with the approved plans before the development hereby permitted is brought into use or occupied. Reason: To prevent water pollution, ensure satisfactory drainage of the site and accord with Policy EN11 of the East Sussex and Brighton & Hove Structure Plan 1991-2011. (CN8C) 5. Prior to the commencement of development details of the following shall be submitted to and be subject to the approval of the Local Planning Authority and the development shall be carried out in accordance with the approved details: i) balconies, windows and doors including a 1:20 scale section through the front elevation ii) hard surfacing, walls, gates, ramps and raised external seating, planting beds iii) facilities for collection and short term storage of waste. Reason: To ensure that the development is in character with its surrounding and to accord with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011. 6. Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas, roads and hardstandings shall be passed through trapped gullies to BS5911:1982, with an overall capacity compatible with the site being drained. Clean, uncontaminated rock, subsoil, brick rubble, crushed concrete and ceramic only shall be permitted as infill materials. Reason: To prevent pollution of controlled waters and to accord with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011. 7. Prior to the occupation of the development details of localised highway improvements in Station Road/Upper Sea Road shall be submitted to and be subject to the approval of the Local Planning Authority. The approved works shall be carried out within six months of the first occupation of the flats. Reason: In the interests of road safety and to accord with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991- 2011. 8. Details of the proposal allocation and management of the car parking spaces shall be submitted to and be subject to the approval of the Local Planning Authority and the car parking shall be maintained in accordance with the approved details. Reason: In the interests of road safety and to accord with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991- 2011.

- 6 - 9. CN13A (landscaping scheme). 10. CN13B (implementation of landscaping scheme) 11. CN9I (walls/fences) 12. CN9K (amended – floor level for each block). N1C Amended Plans

REASONS FOR GRANTING PERMISSION: The originally submitted scheme was not acceptable in terms of the design, scale and mass of the proposed buildings. Following negotiations a revised scheme which splits the development into two blocks and utilizes a traditional design approach has been submitted. The proposal now has an acceptable impact on the street scene, the adjacent Bexhill Conservation Area and listed Railway Station. Provision has been made for 15 affordable housing units within the scheme. The historical importance of Baird Court has been considered but on the basis of the decision by English Heritage to not list the building its demolition is accepted. The proposal complies with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policies GD1 and HG1of the Rother District Local Plan: Revised Deposit (November 2003).

(Councillor P. Fairhurst declared a personal and prejudicial interest in this matter in so far as he is a Board Member (and friend of the curator) of Bexhill Museum who were objecting to the application and in accordance with the Members’ Code of Conduct left the room during consideration thereof.)

(Councillor B. Kentfield declared a personal and prejudicial interest in this matter in so far as he is a personal friend of the applicant and in accordance with the Members’ Code of Conduct left the room during consideration thereof.)

(3) RR/2005/2173/P CAMBER CAMBER SANDS HOLIDAY CENTRE – BALLROOM AT, NEW LYDD ROAD VARIATION OF CONDITION 4 IMPOSED ON A/67/1001 TO EXTEND THE HOURS OF USE OF BALLROOM UNTIL 0200 FOR NORMAL EVENTS, AND UNTIL 0800 FOR NO MORE THAN 10 NOTIFIABLE EVENTS PER YEAR BY PERSONS RESIDING OVERNIGHT AT THE HOLIDAY CENTRE Pontins Ltd

Subject to the completion of a Section 106 Obligation to clarify the definition of the notifiable events and to establish security arrangements on the site to control noise from people leaving events, the decision be delegated to the Head of Planning to grant full planning permission subject to the following conditions:

1. A scheme for the soundproofing of the building shall be submitted to the Local Planning Authority within 3 months of the date of this permission. All soundproofing works that have been approved shall be carried out to the satisfaction of the Local Planning Authority within 6 months of the date of this permission. The extended hours of use hereby permitted shall not take place until

- 7 - and unless the approved soundproofing measures are in place and thereafter the approved measures shall be maintained to the satisfaction of the Local Planning Authority. Reason: In order to safeguard the amenities of the nearest residents having regard to Policy GD1(ii) of the Rother District Local Plan: Revised Deposit (November 2003). 2. The level of noise emitted from the site shall not exceed 57dB (LA90 )15 minutes between the hours of 0700 and 1900, 50dB (LA90) 15 minutes between the hours of 1900 and 2300 and 45dB (L A90) 5 minutes between the hours of 2300 and 0700, nor shall the noise emitted from the site comprise any audible tonal content. The noise level and/or tonal content shall be determined at the south-western boundary of the premises opposite the entrance to the entertainment building. Reason: In order to safeguard the amenities of the nearest residents having regard to Policy GD1(ii) of the Rother District Local Plan: Revised Deposit (November 2003). N12A - S106 (Management Protocol)

REASONS FOR GRANTING PERMISSION: The building is currently controlled by a planning permission dating back to 1970 relating only to the hours of use. Having regard to modern day operations and the absence of adequate soundproofing for the building it is considered reasonable to extend the hours of use on a restricted basis while at the same time securing better all round soundproofing and a management protocol for the site. The legitimate desires of the business and the positive contribution to tourism and recreation have been balanced with the need to safeguard the amenities of local residents having regard to PPG24: Planning and Noise, the general aims of Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003).

The following application to be included, should there be a need for a Section 106 Agreement:

(4) RR/2005/2567/P PETT POTTING SHED, PETT ROAD ERECTION OF FOUR DETACHED HOUSES WITH ASSOCIATED GARAGES INCLUDING FORMATION OF NEW AND ALTERATIONS TO EXISTING VEHICULAR ACCESSES Mr F Walsh

Subject to the completion of a Section 106 Obligation to condition the use of the land at the rear of the site and subject to drainage matters and the provision of a footway, the decision be delegated to the Head of Planning to grant full planning permission subject to the following conditions:

1. CN7B (External materials) Add - (d) All external roadways and parking areas. Reason: To ensure a standard of development appropriate to the area in accordance with Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003).

- 8 - 2. CN13A (Landscaping scheme) Amended “No works on the individual houses shall take place…..”. “…such scheme shall specifically include planting to the boundaries with ‘Oakleigh’ and ‘Springdale’” Reason: To both provide a landscaped setting for the site itself and to enhance the development when viewed from adjoining properties in accordance with Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003). 3. CN13B (Implementation of landscaping scheme) Reason: To both provide a landscaped setting for the site itself and to enhance the development when viewed from adjoining properties in accordance with Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003). 4. CN8C (Foul and surface water details). Reason: To ensure a satisfactory development of the site in accordance with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003). 5. Notwithstanding the provisions of the Town & Country Planning General Development Order 1988 (or any Order revoking and re- enacting this Order) no: a) windows except as shown on the approved plans shall be inserted into any of the houses hereby permitted b) extension or alteration of any of the houses hereby permitted shall be carried out c) garage, car port, vehicle hardstanding or other structure shall be erected within the curtilage of any of the houses hereby permitted. Reason: The constraints of site are such that the houses though now positioned so as to minimise their impact on adjoining ownership should not be further extended or altered without careful consideration as to the effect of such changes on the amenities of adjoining residents having regard to Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003). 6. The land hatched mauve on the approved plan 0427/04/1 (at 1:1250) shall be used only in conjunction with the development hereby approved and in this respect for residential purposes ancillary to plots 3 and/or 4, and not for any commercial use. However notwithstanding the provisions of the Schedule to the Town and Country Planning General Development Order 1988 (or any Order revoking or re-enacting this Order) no building, structure, works, means of enclosure or any other development described by Classes E and F of Part 1 or Class A of Part 2, shall be constructed, erected or otherwise undertaken without a further planning permission. Reason: The area concerned though previously used commercially was historically a separate parcel of land and unlike much of the remainder of the site extends well beyond the village Development Boundary. Any development or other physical works in this area should be carefully controlled in the interests of the amenity of the rural area having regard to Policies S1, EN2, EN3 of the East Sussex and Brighton & Hove Structure Plan 1991-

- 9 - 2011 and Policies DS1 and GD1 of the Rother District Local Plan: Revised Deposit (November 2003). 7. The buildings shall not exceed in height the slab levels indicated on drawing 0427/04 and prior to the final finishes of all gardens, parking areas, drives and other external surfaces the final levels of such areas shall be submitted to and approved in writing by the Local Planning Authority. Thereafter no dwelling shall be occupied until all works to the agreed levels have been completed and thereafter no variation to such agreed levels shall be made without a further planning permission. Reason: The development is considered acceptable in relation to adjoining properties having regard to the reduction in ground levels proposed which should be undertaken prior to occupation of the houses in the interests of adjoining residents and in accordance with Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003). 8. No development approved by this permission shall be commenced prior to a contaminated land assessment and associated remedial strategy, together with a timetable of works, being submitted to the local planning authority for approval. a. The contaminated land assessment shall include a desk study to be submitted to the local planning authority for approval. The desk study shall include the history of the site’s uses and a walk-over survey. It shall, if necessary, propose a site investigation strategy based on the relevant information discovered by the desk study. The strategy shall be approved by the local planning authority prior to investigations commencing on site. b. The site investigation, including relevant soil, soil gas, surface and ground water sampling, in accordance with a quality assured sampling and analysis methodology. c. A site investigation report detailing all investigative works and sampling on site, together with the results of analysis, risk assessment to any receptors and a proposed remediation strategy shall be submitted to the local planning authority. The local planning authority shall approve such remedial works as required prior to any remediation commencing on site. The works shall be of such a nature so as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment (including any controlled waters). d. Approved remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. If during any works contamination is encountered which has not previously been identified then the additional contamination should be fully assessed and an appropriation remediation scheme submitted to the local planning authority for approval. e. Upon completion of the works, this condition shall not be discharged until a closure report has been submitted to and approved by the local planning authority. The closure report shall include details of the proposed remediation works and the quality assurance certificates to show that the works have

- 10 - been carried out in full in accordance with the approved methodology. Details of any post remediation sampling and analysis to show the site has reached the required clean-up criteria shall be included in the closure report together with the necessary documentation detailing what waste materials have been removed from the site. Reason: To remove or treat any contaminated material that may be present on the site in accordance with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991- 2011 and Policies DS1 and GD1 of the Rother District Local Plan: Revised Deposit (November 2003). 9. The development shall not be occupied until car parking areas and turning space has been provided in accordance with the submitted plan (Drawing No. 0427/04 Rev. A) and the car parking area and turning space shall thereafter be retained for that use and shall not be used for any other purpose. 10. The access shall not be used until visibility splays of 2.4m x 90m have been cleared and thereafter kept free from obstructions to visibility in both directions at the junction of the access and Pett Road (C23). For this purpose the height of the drivers eye is taken to be 1.05m above the vehicular access and the object viewed is taken to be 600mm above carriageway level. Visibility splays shall be formed of grass or hardsurface and allow unobstructed visibility for drivers using the access and the adjoining road. 11. Prior to commencement of development on site, detailed drawings including levels and construction details of the new footway shall be submitted to the Planning Authority and be subject to its approval in writing, in consultation with this Authority.

Reason for all above conditions – To ensure a proper standard of access in the interests of vehicular and pedestrian safety having regard to Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003).

REASONS FOR GRANTING PERMISSION: The Local Planning Authority has considered this application in the light or the previous appeal decision. The site has been accepted as a potential residential site for many years even though it also includes land outside the currently defined village Development Boundary. The Council has examined the proposal critically in terms of the relationships of the new dwellings with the properties ‘Oakleigh;’ and ‘Springdale’ on either side and the property ‘Nedrabs’ opposite. Given the design of the new houses and the lower ground levels now proposed the Local Planning Authority considers that the Inspector’s original concerns have been met and that the scheme complies with the general criteria of Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and the specific development guidelines of Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003).

- 11 - MATTERS FOR INFORMATION

PL74. PUBLICATION BY LOCAL PLANNING AUTHORITIES OF INFORMATION ABOUT THE HANDLING OF PLANNING APPLICATIONS (DOE CIRCULAR 28/83)

Members noted the report and congratulated the Planning Service on its best results to date, achieving all Government targets on the handling of planning applications for the quarter ending 30 September 2005.

PL75. DATE FOR SITE INSPECTIONS – Tuesday 6 December 2005 at 8.30am departing from the Town Hall, Bexhill.

CHAIRMAN

The meeting closed at 3.28 p.m. pl051110.rac

- 12 - PLANNING COMMITTEE 10 NOVEMBER 2005 APPENDIX A

RR/2005/2475/P ASHBURNHAM LITTLE MIDGE, FARTHING LANE CHANGE OF USE AND CONVERSION AND RESTORATION OF BARN AND ERECTION OF EXTENSION USING EXISTING EXPOSED FOOTINGS, TO PROVIDE ONE HOLIDAY LET UNIT INCLUDING EXTERNAL STAIRS TO FIRST FLOOR BALCONY Mr and Mrs B Holdstock

DECISION: REFUSE (FULL PLANNING) 1) The building to which this application relates is situated within the High Weald Area of Outstanding Natural Beauty, where policy S10 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and policy EM3 of the Rother District Local Plan: Revised Deposit (November 2003) indicate that proposals for the reuse of rural buildings should meet the criteria set out in the policies. The proposal does not satisfy the criteria in that the extensions proposed would, if permitted detract from the character of the building and its surroundings. 2) RN4B (AONB) ______

RR/2005/2272/P BRIGHTLING HUNTERS FARM, MOUNTFIELD LANE DEMOLITION OF ATCOST BARN AND TWO COVERED STOCKYARDS. CONVERSION OF OAST TO DWELLING HOUSE AND THREE BARNS TO FORM FOUR HOLIDAY COTTAGES, STORAGE AND CAR PARKING TOGETHER WITH ERECTION OF DOUBLE GARAGE FOR FARMHOUSE Gemselect Ltd See Minute PL73 (1)

RR/2005/2107/P BURWASH OAK COTTAGE, HEATHFIELD ROAD PROPOSED DEMOLITION OF EXISTING COAL STORE AT GROUND FLOOR LEVEL. PROPOSED TWO STOREY EXTENSION WITH PITCHED ROOF TO REPLACE COAL STORE. Mr and Mrs R Brand-Hardy

DECISION: GRANT (FULL PLANNING) 1. CN7C (Matching materials). 2. CN8B (Soakaway details (porosity test etc)). 3. All soil arising from the excavation for the extension shall be redistributed over adjoining land in the applicant’s ownership, in accordance with details first to be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of preserving the local ecology and being a more sustainable means of soil disposal, having regard to Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy GD1 (ii), (v) and (vii) of the Rother District Local Plan: Revised Deposit (November 2003). Note: Amended plans - N1B 05.738/00b and 05.738/101/A dated 21 September 2005

- 13 - REASONS FOR GRANTING PERMISSION: The proposed extension is considered to reflect the character and materials of the existing property without detriment to the residential amenities of the area and while maintaining the natural character and beauty of the High Weald AONB, having regard to Policies S1, EN2 and EN3 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policies GD1(ii), (v) and (vii) and HG8 of the Rother District Local Plan: Revised Deposit (November 2003).

(Councillor D.W.L.M. Vereker declared a personal interest in this matter in so far as one of the objectors to the application is a fellow Parish Councillor and in accordance with the Members’ Code of Conduct remained in the room during consideration thereof.) ______

RR/2004/2226/P DALLINGTON HOPGARDEN FARM, SOUTH LANE ERECTION OF GARDEN NURSERY/OFFICE PREMISES WITH FORMATION OF HARDSTANDING AND PROVISION OF SIX PARKING SPACES Mr S Walters DECISION: GRANT (FULL PLANNING) 1. CN7B (External materials - amended) 2. CN12L (No floodlighting) 3. CN12Q (Use limitation - amended). 4. CN5E (Restrict alterations - (a)) Note: N1A - Amended Plan – 7/11/2005

REASONS FOR GRANTING PERMISSION: The proposed building is of an appropriate size and design and is justified in relation to the operation of this business within the High Weald AONB. It complies with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003). ______

RR/2005/2449/P WHATLINGTON HILLSIDE NURSERY, VINEHALL ROAD CHANGE OF USE OF GLASSHOUSE TO ELECTRONICS RESEARCH FACILITY Dataslide Ltd

DECISION: REFUSE (FULL PLANNING) DELEGATED (FOR EXPIRY OF RECONSULTATION PERIOD) 1. The building to which this application relates is situated within the AONB countryside, where Policy S10 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy EM3 of the Rother District Local Plan: Revised Deposit (November 2003) indicate that proposals for the re-use of rural buildings should meet the criteria set out in the policies. The proposal does not meet the criteria in that: a. The existing glasshouse is not a permanent building nor of substantial construction. b. It does not involve the use of an existing building whose form, bulk and general design is in keeping with its surroundings. c. It does not involve the ‘conversion’ of an existing building. 2. Highway reason if appropriate and supported by the Highway Agency. Note: N1B ______- 14 - RR/2005/2467/P WHATLINGTON MEADOW FARM, WHATLINGTON ROAD CHANGE OF USE OF GRAZING LAND TO KEEPING OF HORSES AND ERECTION OF EQUESTRIAN STABLE BLOCK/STORE. C Goodridge

DECISION: DEFERRED FOR SITE INSPECTION ______

RR/2005/1935/P BATTLE ST WYSTANS, CALDBEC HILL DEMOLITION OF EXISTING BUILDINGS AND CONSTRUCTION OF 10 FLATTED DWELLINGS INCLUDING ALTERATION TO AN EXISTING ACCESS AND PROVISION OF 15 PARKING SPACES Mid Sussex Homes Ltd

DECISION: DEFERRED FOR FURTHER INFORMATION

______

RR/2005/2160/P BEXHILL GRAND HOTEL - SITE OF, SEA ROAD ERECTION OF BUILDING TO FORM 24 APARTMENTS WITH PRIVATE GYM AND UNDERGROUND CAR PARKING INCLUDING FORMATION OF VEHICULAR ACCESS AND ASSOCIATED LANDSCAPING Mr D Smith

DECISION: GRANT (FULL PLANNING) DELEGATED (FURTHER INFORMATION RE HIGHWAY MATTERS) 1. CN10A (Highway conditions). 2. CN7G (Schedule of materials - amend to relate to the building)., 3. Prior to commencement of development the following details shall be submitted to and be subject to the approval of the Local Planning Authority and the development shall be carried out in accordance with the approved details: i) 1:10 scale detailed sample section through the Jameson Road elevation; ii) 1:10 scale detailed section of all external doors and window construction; iii) 1:20 scale detailed drawings of proposed external planting beds; iv) all hard and soft landscaping within the site including any walls or fences or gates; v) all signage on the building which shall take the form of individually fixed lettering; vi) provision for cycle parking; vii) a plan showing the allocation of car parking spaces. 4. CN12L (External lighting). 5. CN8L (Foul and surface water drainage). 6. The method of controlling groundwater at the site during construction shall be carried out in accordance with a scheme to be submitted to and agreed in writing by the Planning Authority prior to any development commencing on site.

- 15 - Reason: The groundwater table may be intersected by the basement parking, footings and trench work. Unless groundwater is controlled, it will become contaminated with suspended solids which will damage aquatic ecosystems if discharged into the adjacent river (including via the surface water drainage system). In certain circumstances this may require a consent from the Agency, which could necessitate further investigations on the behalf of the applicant. It should be noted that the Agency asks to be consulted on any details submitted in compliance with the above condition. 7. Prior to being discharged into any watercourses, surface water sewer or soakaway system, all surface water drainage from parking areas, roads and hardstandings shall be passed through trapped gullies to BS 5911:1982, with an overall capacity compatible with the site being drained. Reason: To prevent pollution of the water environment. 8. The gym shown on the ground floor shall be used solely by residents of the building. 9. Prior to the commencement of development details of local highway improvements shall be submitted to and be subject to the approval of the Local Planning Authority, such approved works being carried out prior to the occupation of any apartment or by such alternative time as may be agreed in writing with the Highway Authority. N1A (Amended plans)

REASONS FOR GRANTING PERMISSION: The proposed scheme provides a building the scale and mass of which is similar to the former Grand Hotel. The proposed design and siting of the building will make a positive contribution to the Town Centre Conservation Area and will therefore accord with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003). Provision will be made by condition for appropriate improvements to pedestrian and access facilities in the locality.

(Councillor B. Kentfield declared a personal and prejudicial interest in this matter in so far as he is the freeholder and trader of a shop which is opposite the site and in accordance with the Members' Code of Conduct left the room during consideration thereof.) ______

RR/2005/2206/3R BEXHILL EAST PARADE - PLOTS 1-28 AND 31-44 STATIONING OF BEACH HUTS (RETROSPECTIVE APPLICATION) Chief Executive, Rother District Council

DECISION: GRANT (FULL PLANNING) DELEGATED (EXPIRY OF CONSULTATION PERIOD 11 NOVEMBER 2005/FURTHER DISCUSSIONS RE APPROPRIATE BEACH LEVELS) 1. CN14H (Beach hut - white walls) 2. CN14A (Temporary 5 years - Reason A)

REASONS FOR GRANTING PERMISSION: The beach huts are considered by the Council to be part of Bexhill’s traditional seafront scene and, by virtue of their uniform size and appearance, which is controlled by licence issued by the Council, do not adversely affect the character and appearance of the seafront or have any adverse impact upon local amenity. The proposal therefore accords with Policies S1 and

- 16 - EN6 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003). ______

RR/2005/2248/P BEXHILL 33 HASTINGS ROAD, SOUTHLANDS COURT ERECTION OF EXTENSIONS TO EXISTING CARE HOME TO PROVIDE 49 NEW ROOMS. ERECTION OF HYDRO THERAPY SUITE, FORMATION OF NEW PARKING AREAS. Mr P James

DECISION: REFUSE (FULL PLANNING) 1. The proposed extensions to the main building by reason of their bulk and positions, the addition of a hydrotherapy pool and additional parking to the rear of the site, would, cumulatively, constitute a significant overdevelopment. The scheme would especially disrupt the mature rear garden resulting in the undesirable loss of both the open space and a number of mature trees and shrubs that contribute both to the character of the site itself and to the local area. As such the scale of the development would conflict with the aims of Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and the specific criteria of Policy GD1(ii), (iv) and (vi) of the Rother District Local Plan: Revised Deposit (November 2003). ______

RR/2005/2369/P BEXHILL PEBSHAM FARMHOUSE – OUTBUILDINGS ADJACENT TO PEBSHAM LANE CHANGE OF USE AND CONVERSION OF 2 FARM BUILDINGS TO FORM TWO DWELLINGS Cole Family Trust

RR/2005/2370/L BEXHILL PEBSHAM FARMHOUSE – OUTBUILDINGS ADJACENT TO PEBSHAM LANE CONVERSION AND ALTERATIONS OF 2 FARM OUTBUILDINGS TO FORM TWO DWELLINGS Cole Family Trust

DECISIONS: RR/2005/2369/P: GRANT (FULL PLANNING) 1. CN5A (Exclude G.D.O. specified structures) 2. CN5E (Restriction of alterations/additions) 3. CN8C (Foul and surface water details) 4. Contland2 (Contaminated land – desk study/walk over survey) 5. CN11S ‘joinery details, including colour and details of rooflights’ (Large scale constructional details) 6. CN7B ‘all new external materials’ (External materials) 7. Before any works to the buildings hereby approved are first commenced a written schedule of any proposed repairs to walls or roof structures and detail of mortar mix for any repointing works, shall be submitted to and approved by the Local Planning Authority, and the works shall be carried out in accordance with the approved details. Reason: To ensure works preserve the architectural and historic character of the listed building and to accord with Policy EN23 of the East Sussex and Brighton & Hove Structure Plan 1991-2011. 8. Before any works to the buildings hereby approved are first commenced, drawn sections at scale 1:10 through the wall and roof illustrating proposed

- 17 - details to meet Building Regulation requirements for insulation and ventilation, shall be submitted to and approved by the Local Planning Authority, and the works shall be carried out in accordance with the approved details. Reason: To ensure works preserve the architectural and historic character of the listed building and to accord with Policy EN23 of the East Sussex and Brighton & Hove Structure Plan 1991-2011. 9. Drawn elevations of the proposed new boundary wall and materials supplies thereof to be submitted to and approved by the Local Planning Authority, and the works shall be carried out in accordance with the approved details. Reason: To ensure works preserve the architectural and historic character of the listed building and to accord with Policy EN23 of the East Sussex and Brighton & Hove Structure Plan 1991-2011. 10. CN13A (Landscaping scheme). 11. CN13B (Implementation of landscaping scheme). 12. Before any work on the construction of the access drive and car parking spaces is carried out. Detail plans of their construction and finish surface treatment shall be submitted to and approved by the Local Planning Authority. The access drive and car parking spaces shall be constructed in accordance with the approved details before the dwellings hereby approved are occupied. The car parking spaces shall thereafter be retained and maintained at all times as available for parking of vehicles of the occupiers of the dwellings and visitors thereto. Reason: In order to remove necessity for off-site parking and to enhance the appearance of the development and to accord with Policy S1 (d) & (f) of the East Sussex and Brighton & Hove Structure Plan 1991-2011, and Policy GD1 (iii) & (iv) of the Rother District Local Plan: Revised Deposit (November 2003). Notes: N1B (Ref. 3544.6A) date stamped 10 October 2005. (i) The applicant is advised that planning permission will not be supported for any fence, wall or other means of enclosure to subdivide the courtyard on the north/south boundary of the two new cartilages, nor for any shed, outbuilding or other built structures within the curtilage of the listed barns. (ii) The Sussex Contaminated Land CIEH sub-group of Local Authorities to be attached to the decision notice.

REASONS FOR GRANTING PERMISSION: Notwithstanding the fact that the buildings lie within a strategic gap the conversion of the outbuildings will not be obtrusive to the openness of the area and therefore complies with Policy DS5 of the Rother District Local Plan: Revised Deposit (November 2003). The design and appearance of the two outbuildings make a valuable contribution to the rural scene and there sensitive conversion will not detract for the aesthetic or historic character of the listed building. It has been demonstrated that there conversion into residential dwellings is the only appropriate re-use of the farm outbuildings, the proposal therefore complies with the objectives of Policy S10(c) (iii) of the East Sussex and Brighton & Hove Structure Plan 1991-2011, and Policy HG11 of the Rother District Local Plan: Revised Deposit (November 2003).

RR/2005/2370/L: GRANT (LISTED BUILDING CONSENT) 1. CN5E (Restriction of alterations/additions) 2. CN11S ‘joinery details, including colour and details of rooflights’ (Large scale constructional details) 3. CN7B ‘all new external materials’ (External materials)

- 18 - 4. Before any works to the buildings hereby approved are first commenced a written schedule of any proposed repairs to walls or roof structures and detail of mortar mix for any repointing works, shall be submitted to and approved by the Local Planning Authority, and the works shall be carried out in accordance with the approved details. Reason: To ensure works preserve the architectural and historic character of the listed building and to accord with Policy EN23 of the East Sussex and Brighton & Hove Structure Plan 1991-2011. 5. Before any works to the buildings hereby approved are first commenced, drawn sections at scale 1:10 through the wall and roof illustrating proposed details to meet Building Regulation requirements for insulation and ventilation, shall be submitted to and approved by the Local Planning Authority, and the works shall be carried out in accordance with the approved details. Reason: To ensure works preserve the architectural and historic character of the listed building and to accord with Policy EN23 of the East Sussex and Brighton & Hove Structure Plan 1991-2011. 6. Drawn elevations of the proposed new boundary wall and materials supplies thereof to be submitted to and approved by the Local Planning Authority, and the works shall be carried out in accordance with the approved details. Reason: To ensure works preserve the architectural and historic character of the listed building and to accord with Policy EN23 of the East Sussex and Brighton & Hove Structure Plan 1991-2011. N1B (Ref. 3544.6A date stamped 10 October 2005).

REASONS FOR GRANTING CONSENT: The proposed works will not adversely affect the architectural and historic character of the listed building and therefore complies with PPG15, Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003). ______

RR/2005/2537/P BEXHILL 154 BARNHORN ROAD, BARNHORN NURSING HOME ERECTION OF SINGLE STOREY BEDROOM EXTENSION TO EXISTING NURSING HOME WITH REVISED PARKING TO PROVIDE TWELVE PARKING SPACES. London & Country Care Homes

DECISION: DEFERRED FOR SITE INSPECTION

______

RR/2005/2658/P BEXHILL 98 PEAR TREE LANE, LITTLE COMMON ERECTION OF 6.5 PANELLED WOODEN FENCE ALONG PART OF SIDE BOUNDARY WITH 100 PEAR TREE LANE (RETROSPECTIVE APPLICATION). Mrs D McWilliam

DECISION: GRANT (FULL PLANNING) DELEGATED (AMENDED PLANS INDICATING REDUCED LENGTH OF FENCING) 1. Within 3 months of the date of this permission the length of fencing adjacent to Pear Tree Lane as identified coloured red on the attached plan shall be removed.

- 19 - REASON FOR GRANTING PERMISSION: The reduced length of fencing will have no adverse impact upon the appearance of the street scene or the amenities of adjoining properties and no objection has been raised by the Highway Authority, and therefore complies with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003). ______

RR/2005/2662/P BEXHILL 11 THE BROADWALK ERECTION OF DOUBLE GARAGE ATTACHED BY A LINKWAY TO THE EXISTING DWELLING. Mr and Mrs Thorne

DECISION: REFUSE (FULL PLANNING) 1. Notwithstanding the revisions made following the refusal of application RR/2005/661/P the proposed development would be visually intrusive within the streetscene by reason of its mass, bulk and scale and would be a precedent for similar development in the vicinity, and as such conflicts with Policy GD1(4) contained within the Rother District Local Plan: Revised Deposit (November 2003) and Policy S1 contained within the East Sussex and Brighton & Hove Structure Plan 1991-2011. ______

RR/2005/2672/P BEXHILL 51 SOUTH CLIFF ERECTION OF TIMBER DECKING TO REDUCED HEIGHT (RETROSPECTIVE APPLICATION). Mr and Mrs Boddington

DECISION: GRANT (FULL PLANNING) DELEGATED (AMENDED PLANS SHOWING FURTHER REDUCTION IN DECKING LEVEL) 1. Within four months of the date of this permission, the deck area is to be lowered in accordance with the approved plan and thereafter retained at that height. Reason: To safeguard the amenities of the neighbouring property. 2. Within one month of the date of this permission, a scheme of landscaping or boundary screen treatment along the boundary with 53 South Cliff shall be submitted to and approved in writing by the Local Planning Authority. This shall include accurate indications of all existing trees and hedgerows on the land, and details of any to be retained. Reason: To enhance the appearance of the development and safeguard the amenities of the neighbouring property. 3. All planting in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the date of this permission. Any trees or plants which within a period of 5 years from the completion of the planting die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. Any additional boundary screening approved under condition 2 shall be carried out within one month of the approval of details. Reason: To enhance the appearance of the development and safeguard the amenities of the neighbouring property.

REASONS FOR GRANTING PERMISSION: This revised application reduces the impact and overlooking of neighbouring properties and with appropriate landscaping

- 20 - is considered acceptable. It therefore complies with Policy S1(b) of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy GD1(ii)(iv) of the Rother District Local Plan: Revised Deposit (November 2003). OR REFUSE (FULL PLANNING) DELEGATED (IF SATISFACTORY AMENDED PLANS ARE NOT SUBMITTED) 1. By reason of the proposed size, height and location, the timber decking would enable a significant degree of overlooking into the neighbouring property, 53 South Cliff. This would lead to an unacceptable loss of privacy which would be detrimental to the amenities of the neighbouring residential property. This would be contrary to the requirements of Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy GD1(ii) of the Rother District Local Plan: Revised Deposit (November 2003). ______

RR/2004/3423/P BEXHILL BAIRD COURT, MARIA COTTAGE, VILLA MARIA, RED MAYS, UPPER SEA ROAD & STATION ROAD DEMOLITION OF EXISTING BUILDINGS. ERECTION OF FIVE STOREY BLOCK OF 51 FLATS AND ALTERATIONS TO EXISTING VEHICULAR ACCESS Domaines Du Chateau Ltd

See Minute PL73 (2)

RR/2005/2420/P PEASMARSH 1 WINTON COTTAGE, TANHOUSE LANE ERECTION OF TWO STOREY FRONT EXTENSION AND SINGLE STOREY SIDE EXTENSION INCLUDING ADDITION OF VELUX WINDOWS Mr A Bartlett

DECISION: REFUSE (FULL PLANNING) 1. The extensions by reason of their bulk, position and design would be out of character and detrimental to the appearance of the existing dwelling and would be detrimental to the balanced appearance of the pair of semi-detached cottages. This would be contrary to the objectives of Policy S1(f) of the East Sussex and Brighton & Hove Structure Plan 1991-2011, and Policy GD1(iv) and HG8 of the Rother District Local Plan: Revised Deposit (November 2003). 2. The site lies within the High Weald Area of Outstanding Natural Beauty, where Policies S1(j), EN2 and EN3 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 indicate that development will be carefully controlled to protect the character of the area. It is considered that the proposal does not meet this objective, and it would cause harm to the rural character of the area. ______

RR/2005/2703/L PEASMARSH WOODSIDE HOUSE, MAIN STREET INSTALLATION OF SOLAR WATER HEATING COLLECTORS TO SOUTH FACING ROOF SLOPE R Hon G Barker MP

DECISION: That the Secretary of State for the Environment be informed that the Council is minded to GRANT Listed Building Consent and that Authority be - 21 - DELEGATED to the Planning Officer to issue the consent when in receipt of the appropriate authorisation from the Secretary of State.

REASONS FOR GRANTING CONSENT: The proposed works will not adversely affect the architectural and historic character of the listed building and therefore complies with PPG15, Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003).

(Councillors B. Kentfield and D.W.L.M. Vereker each declared a personal and prejudicial interest in this matter in so far as the applicant is a personal friend and in accordance with the Members’ Code of Conduct both left the room during consideration thereof.)

(Councillors C. R. Maynard and R.E. Parren each declared a personal interest in this matter in so far as they are members of the same Conservative Association as the applicant and in accordance with the Members’ Code of Conduct both remained in the room during consideration thereof.) ______

RR/2005/2603/P BODIAM COURT LODGE FARM DEMOLITION OF EXISTING INDOOR RIDING ARENA AND STALLS, AND ERECTION OF REPLACEMENT INDOOR RIDING ARENA AND STALLS R Sternberg Farms

This application has been WITHDRAWN ______

RR/2005/2849/P HURST GREEN COPPERFIELD LODGE, LONDON ROAD, REVISED PLANS FOR THE ERECTION OF EXTENSION TO PROVIDE ADDITIONAL ACCOMODATION FOR MEMBER OF FAMILY/CARER TO LIVE IN. Mrs S Van Vuuren

DECISION: REFUSE (FULL PLANNING) DELEGATED (EXPIRY OF CONSULTATION PERIOD) 1. The site is within the countryside outside any town or village as defined in the Rother District Local Plan: Revised Deposit (November 2003). Policies S1, S10 and S11 of the East Sussex and Brighton & Hove Structure Plan 1991- 2011 and DS3, DS4 and HG10 of the Rother District Local Plan: Revised Deposit (November 2003) contain a strong presumption against residential development unless it meets one of the exceptions described in the plans. Whilst the personal circumstances of the applicant have been taken into consideration, these cannot outweigh the more general planning considerations. The proposed new dwelling is not essential to the running of an enterprise which must be in a countryside location and is therefore considered to be contrary to these policies. 2. The site lies within the High Weald Area of Outstanding Natural Beauty, where policies S1(j), EN2 and EN3 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy GD1(v) of the Rother District Local Plan: Revised Deposit (November 2003) and Government Advice contained in PPS7 indicate that development will be carefully controlled to protect the

- 22 - character of the area. It is considered that the proposal does not meet this objective, and it would cause harm to the rural character of the area. 3. The existing access has restricted visibility and in the interests of highway safety is not considered to be adequate to serve the development proposed. The development would conflict with the provision contained in Policy S1(d) of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy GD1(iii) of the Rother District Local Plan: Revised Deposit (November 2003). ______

RR/2005/2127/P BREDE MEADOW VIEW - LAND ADJ, REEDSWOOD ROAD, BROAD OAK ERECTION OF DWELLING INCLUDING FORMATION OF NEW VEHICULAR ACCESS Mr M Balman

DECISION: REFUSE (FULL PLANNING) 1. Although the Local Planning Authority has accepted a semi-detached house on this plot, the provision of a detached dwelling would appear incongruous on the narrow plot when viewed in the context of the dwellings on either side. As such a house here would be out of keeping with and detrimental to the general character of the area and the amenities of nearby properties contrary to the aims of Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and criterion (ii) of Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003). ______

RR/2005/1673/P WESTFIELD GREAT BUCKHURST FARMHOUSE, BLUEMANS LANE EXTERNAL WORKS COMPRISING RAISING GROUND LEVELS AND FORMATION OF ADDITIONAL LAKE (RETROSPECTIVE APPLICATION) Mr S Coney

DECISION: GRANT (FULL PLANNING) DELEGATED (RESOLUTION OF THE POSITION IN REGARD TO IMPORTED FILL WITH THE COUNTY COUNCIL’S DIRECTOR OF TRANSPORT & ENVIRONMENT) 1. CN13F Amended “Within 2 months of the date of this consent detailed plans for the planting of trees and shrubs on the site shall be submitted to and be subject to the approval of the Local Planning Authority, the planting shall be carried out at the time of the development or at such later date as may be agreed in writing by the Local Planning Authority, and in any event within 6 months from the completion of the development. Any trees and/or shrubs … to be planted.” Reason: To improve and maintain the characteristics of the locality and to accord with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011.

REASONS FOR GRANTING PERMISSION: The development is of an appropriate form and will not adversely affect the character of the area or the amenities of adjacent properties and therefore complies with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003). ______

- 23 - RR/2005/2173/P CAMBER CAMBER SANDS HOLIDAY CENTRE - BALLROOM AT, NEW LYDD ROAD VARIATION OF CONDITION 4 IMPOSED ON A/67/1001 TO EXTEND THE HOURS OF USE OF BALLROOM UNTIL 0200 FOR NORMAL EVENTS, AND UNTIL 0800 FOR NO MORE THAN 10 NOTIFIABLE EVENTS PER YEAR BY PERSONS RESIDING OVERNIGHT AT THE HOLIDAY CENTRE Pontins Ltd

See Minute PL73 (3) ______

RR/2003/385/P ICKLESHAM BOURNES - LAND ADJACENT TO, HARBOUR ROAD ERECTION OF NEW CONTAINER STORAGE WAREHOUSE WITH ASSOCIATED EXTERNAL WORKS AND FORMATION OF NEW VEHICULAR ACCESS T Bourne & Sons Ltd

DECISION: THAT PART OF THE REASON FOR REFUSAL STATING “IT HAS NOT BEEN ADEQUATELY DEMONSTRATED BY THE APPLICANT THAT THE PROPOSED DEVELOPMENT WOULD NOT ADVERSELY AFFECT THE TRAFFIC MOVEMENTS UPON THE JUNCTION WITH THE A259 AND HARBOUR ROAD” BE WITHDRAWN ______

RR/2005/2655/P ICKLESHAM MONKS WALK, OFF GERMAN STREET - LAND OFF, WINCHELSEA ERECTION OF AN 8M DUMMY TELEGRAPH POLE WITH ONE EQUIPMENT CABINET LOCATED AT GROUND LEVEL Orange PCS

DECISION: DEFER FOR FURTHER INFORMATION ______

RR/2004/2184/P IDEN ROTHERVIEW FARM, THORNSDALE, WITTERSHAM ROAD STABLES INCORPORATING HAY BARN Mr and Mrs D J Wood

DECISION: GRANT (FULL PLANNING) DELEGATED (FOR STATUTORY ADVERTISEMENT PERIOD/POSSIBLE REORIENTATION) 1. The proposed stables shall not be used for any purpose other than for private recreational purposes and shall not be used for hire or reward. Reason: To safeguard the amenities of the locality and to accord with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011. 2. CN7B a) Amended the ‘plain clay roofing tiles or grey slates’ (External Materials). 3. CN6H Amended ‘The manure bay shall be located in the position shown on the revised plan (drawing no. 880[74]-6) and shall be provided before the development is first brought into use. Reason: In the interests of the amenities of nearby properties and to accord with the provisions of Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011.

- 24 - 4. CN6I (No manure burning) Reason: In the interests of the amenities of nearby properties and to accord with the provisions of Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011.

Note: N1B (amended plan date stamped 13 October 2005)

REASONS FOR GRANTING PERMISSION: The proposed development is of an appropriate design and will not adversely affect the character of the area or the amenities of adjoining properties and therefore complies with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003). ______

COUNCILLOR R.E. PARREN IN THE CHAIR

RR/2005/2705/L IDEN MOAT FARMHOUSE, OFF READERS LANE ERECTION OF TWO STOREY EXTENSION TO FORM STUDY AND LOBBY WITH TWO BEDROOMS OVER. ERECTION OF GARDEN WALL Mr and Mrs D Ramus

DECISIONS: RR/2005/2705/L: REFUSE (LISTED BUILDING CONSENT) 1. The proposed extension would result in the disruption of the presently uninterrupted sweep of catslide roof, an important characteristic of the existing building it is desired to preserve in accordance with Section 66 of the Town & Country Planning (Listed Buildings & Conservation Areas) Act 1990 as well as resulting in the loss of a substantial amount of historic roof structure. For these reasons the proposal would have an unacceptable detrimental impact on the special architectural and historic character of the listed building and be contrary to Policy EN23 of the East Sussex and Brighton & Hove Structure Plan 1991-2011, Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003) and Government Advice in PPG15 ‘Planning and the Historic Environment’.

RR/2005/2716/P: REFUSE (FULL PLANNING) 1. The proposed extension would result in the disruption of the presently uninterrupted sweep of catslide roof, an important characteristic of the existing building it is desired to preserve in accordance with Section 66 of the Town & Country Planning (Listed Buildings & Conservation Areas) Act 1990 as well as resulting in the loss of a substantial amount of historic roof structure. For these reasons the proposal would have an unacceptable detrimental impact on the special architectural and historic character of the listed building and be contrary to Policy EN23 of the East Sussex and Brighton & Hove Structure Plan 1991-2011, Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003) and Government Advice in PPG15 ‘Planning and the Historic Environment’.

(Councillor C.N. Ramus declared a personal and prejudicial interest in this matter in so far as the applicants are his son and daughter-in-law and in accordance with the Members’ Code of Conduct left the room during consideration thereof.) ______

- 25 - COUNCILLOR C.N. RAMUS IN THE CHAIR

RR/2005/2075/P TICEHURST NEWINGTON COURT, PICKFORDE LANE PROVISION OF EXTERNAL LIFT AND AMENDMENTS TO LAYOUT OF EXISTING AND AMENDMENTS TO LAYOUT AND BOUNDARY OF PREVIOUS APPROVAL Rother Homes

DECISION: GRANT (FULL PLANNING) 1. The development must begin no later than 26 January 2010. Reason: To accord with planning permission RR/2004/3703/P. 2. The application comprises amendments to a development previously approved under reference RR/2004/3703/P. This permission is granted as an alternative to RR/2004/3703/P in that the original scheme shall be implemented or the revised scheme detailed in this application but not a hybrid of both, unless as may be agreed in writing with the Local Planning Authority. Reason: To ensure that the site boundaries are constant and boundary structures and landscaping requirements capable of being provided. 3. No development shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of landscaping, which shall include accurate indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development. Reason: To maintain the characteristics of the locality and to accord with Policies S1, EN2 and EN3 of the East Sussex and Brighton & Hove Structure Plan 1991 - 2011. 4. Details of foul and surface water drainage for the site shall be submitted to and approved by the Local Planning Authority before any work on the site commences. The drainage works shall be constructed in accordance with the approved plans before the development hereby permitted is brought into use or occupied. Reason: To prevent water pollution, ensure satisfactory drainage of the site and accord with Policy EN11 of the East Sussex and Brighton & Hove Structure Plan 1991-2011. (CN8C) 5. The development shall only be used as residential sheltered flats (with warden/manager's accommodation if required) and communal facilities and the sheltered units shall only be occupied by persons of 60 years of age or over and by any wife, husband or partner of such a person although they may be below that age. Reason: To accord with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011. Note: Any exception to the stated age restriction on occupation would be permitted only in exceptional circumstances and may include for example persons registered disabled at the decision of Rother Homes. 6. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

- 26 - Reason: To maintain the characteristics of the locality and to accord with Policies S1, EN2 and EN3 of the East Sussex and Brighton & Hove Structure Plan 1991 - 2011. 7. At the time of development and before it is occupied, parking spaces shall be provided and laid out within the site to the approval of the Local Planning Authority and maintained in that use thereafter. Reason: In the interests of road safety and to accord with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011. 8. Sewer record plans, indicate that a public sewer crosses the site in the area of the proposed extension (copy attached). Proposed measures for the protection/diversion of the sewer shall be submitted for the consideration and approval of the Local Planning Authority. The approved scheme shall be implemented prior to the commencement of development or at such a time as shall be agreed with the Local Planning Authority. Reason: To provide for the satisfactory development of the site and to accord with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991- 2011.

REASONS FOR GRANTING PERMISSION: The development proposal is an acceptable revision to an existing planning permission (RR/2004/3703/P) which is relatively minor in nature and would not fundamentally alter the essence of the approved scheme. The development would not adversely affect the character of the area or the amenities of any adjoining property and complies with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003). ______

RR/2005/2109/P TICEHURST THE WOODLAND ENTERPRISE CENTRE, HASTINGS ROAD CHANGE OF USE OF WOODLAND TO USE FOR AND ERECTION OF NEW FACTORY BUILDING AND OFFICE WITH EXTERNAL TIMBER STORAGE. Adventure Rope

DECISION: REFUSE (FULL PLANNING) DELEGATED (SUBJECT TO FURTHER DISCUSSIONS RE POSSIBLE ALTERNATIVE SITES) 1. The proposal involves development in the countryside, outside of any town or village development boundary in the Rother District Local Plan: Revised Deposit (November 2003) and is within the High Weald AONB. No compelling justification for such a location has been demonstrated to the satisfaction of the Local Planning Authority. The proposal would harm the intrinsic landscape quality and character of the High Weald AONB. As such the proposal is contrary to the East Sussex & Brighton & Hove Structure Plan 1991 – 2011 policies S1(j), S4(h), S4(i), S5, S10, S11, EN2 and EN3. Policy GD1 (v) of the Rother District Local Plan: Revised Deposit (November 2003) and general policy guidance in PPS7. 2. The site lies within an area of Ancient Woodland. The ecological survey that has been provided is limited in scope and does not contain findings which have been used to direct the location of the proposed development to this particular site together with appropriate mitigation measures. It has not been satisfactorily demonstrated that the proposal would not have a harmful impact on the Ancient Woodland. The development therefore conflicts with Policy EN17 of the East Sussex & Brighton & Hove Structure Plan 1991 – 2011 and advice contained in PPS9.

- 27 - 3. The proposed development will give rise to the intensified usage of the access to the site with the A21 trunk road, including an increased use by heavy vehicles. Insufficient information of the traffic implication of the proposed scheme have been provided, particularly in respect of existing and proposed trip generation rates and a scale drawing of the proposed junction layout with the A21. It has not been satisfactorily demonstrated that the development would not be prejudicial to the interest of highway safety and the proposal therefore does not accord with Policy S1(d) of the East Sussex & Brighton & Hove Structure Plan 1991 – 2011. ______

RR/2005/1362/P EWHURST THE CART LODGE, BRASSES FARM, EWHURST GREEN CHANGE OF USE AND CONVERSION OF CART LODGE TO FORM DWELLING Ms J Pike

RR/2005/1365/L EWHURST THE CART LODGE, BRASSES FARM, EWHURST GREEN CONVERSION AND ALTERATIONS OF CART LODGE TO FORM DWELLING Ms J Pike

DECISIONS: RR/2005/1362/P: REFUSE (FULL PLANNING) 1. It has not been sufficiently demonstrated that the proposed conversion into a residential dwelling is the only means of re-use. The proposal is therefore contrary to Policy S10(c) (iii) of the East Sussex and Brighton & Hove Structure Plan 1991-2011, and Policy HG11 (i) & (ii) of the Rother District Local Plan: Revised Deposit (November 2003).

RR/2005/1365/L: GRANT (LISTED BUILDING CONSENT) 1. CN11S (Large scale constructional details) (Insert ‘Door, windows and rooflights’) N1A (ref 0502/SP1A) date stamped 17 August 2005.

REASONS FOR GRANTING PERMISSION: The proposed alterations are in keeping with the listed building and comply with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003). ______

RR/2005/2277/P EWHURST WATTS PALACE FARM - BUILDINGS AT, WATTS PALACE LANE CHANGE OF USE AND ALTERATIONS FROM FARM BUILDINGS TO FORM AIRCRAFT RESTORATION PREMISES Aero Vintage

DECISION: DEFERRED FOR FURTHER CONSIDERATION OF HIGHWAY MATTERS AND SUBMITTED STRUCTURAL SURVEY ______

- 28 - RR/2005/2307/P SEDLESCOMBE POPPINGHOLE FARM, POPPINGHOLE LANE ERECTION OF SINGLE STOREY EXTENSION Ms J Petkovic

DECISION: REFUSE (FULL PLANNING) DELEGATED (EXPIRY OF CONSULTATION PERIOD) 1. The proposed extension would alter the traditional shape and simple form of the building; it would be out of keeping with and detrimental to the basic integrity and agricultural character of the original building that should be retained in accordance with Policy HG11(iv) of the Rother District Local Plan: Revised Deposit (November 2003). The development proposals conflicts with Policy HG8 of the aforementioned plan, and with Policies S1 (j), (m) and EN2 of the East Sussex & Brighton & Hove Structure Plan 1991 – 2011 and Government Advice in PPS7. ______

RR/2005/2471/CM FAIRLIGHT FAIRLIGHT WASTEWATER TREATMENT WORKS, PETT LEVEL ROAD NEW SAND FILTER KIOSK AND FERRIC DOSING UNIT Southern Water

DECISION: NO OBJECTION to the kiosks subject to 1. The County Council being satisfied that other proposed works (e.g. 8m high sand filter towers) are permitted development. 2. Consideration of the enclosed copy letters of objection received. 3. The County Council requesting Southern Water to consider the visual impact of the towers upon the landscape and AONB that would result from them exercising their ‘permitted development’ rights and to consider the possibility of less harmful alternatives. 4. The imposition of a condition requiring mitigating landscaping measures.

(During the debate, when it first became apparent, Councillor C.R. Maynard declared a personal interest in this matter in so far as he is a Member of East Sussex County Council and in accordance with the Members' Code of Conduct remained in the room during the remainder of the consideration thereof). ______

RR/2005/2637/3R FAIRLIGHT ROCKMEAD ROAD - CLIFF AND BEACH AREA SEAWARD OF, FAIRLIGHT COVE CONSTRUCTION OF COAST PROTECTION WORKS AT TOE OF CLIFF, REPROFILING CLIFF AND EXCAVATION OF BOREHOLES THROUGH ROAD SURFACE Rother District Council

DECISION: GRANT (DEEMED FULL PLANNING PERMISSION) DELEGATED (SATISFACTORY RESOLUTION OF CONCERNS RAISED BY ENGLISH NATURE) 1. Prior to the commencement of development an ecological and geological survey of the beach, including the construction site and the access route to Cliff End shall be carried out and incorporated in a report to be submitted to and approved in writing by the Local Planning Authority. The report shall identify any important ecological areas and existing geological features and set out a method of protecting those areas from any damage during

- 29 - construction work. No development shall commence until the report has been agreed with the Local Planning Authority in conjunction with English Nature and the development shall only be carried out in accordance with the agreed details unless any variation is agreed in writing by the Local Planning Authority. Reason: to protect any important areas of ecological interest or particular geological features in accordance with Policy S1 (j) of the East Sussex & Brighton & Hove Structure Plan 1991 – 2011. 2. Prior to the commencement of development the contractor will identify the specific details of a named contact responsible for liaising with the local commercial fishermen. The contractor shall agree with the contact the timing of the deliveries by sea, the exact location of the transhipment point, the need for any ground tackle and the access route for the craft(s) delivering rock to the beach, as set out in the environmental statement. The programme of works shall be submitted to and approved in writing by the Local Planning Authority. The programme of works shall only be carried out in accordance with the agreed details unless any variation is agreed in writing with the Local Planning Authority. Reason: To protect the interest of commercial fisheries and marine life and comply with Policies S1(a) (b) and (u) of the East Sussex & Brighton & Hove Structure Plan 1991 – 2011. 3. Prior to the commencement of development a Traffic Management Plan prepared in co-operation with East Sussex County Council Highways and the Police shall be submitted to and approved in writing by the Local Planning Authority. This shall include agreement on approved routes to the site along the unadopted road network, any limits on delivery times and any weight restrictions, in accordance with that outlined in the environmental statement. The development shall be carried out in accordance with the Traffic Management Plan unless any variation is agreed with the Local Planning Authority. Reason: To minimise impact on the local road network during construction and accord with Policy S1(d) of the East Sussex & Brighton & Hove Structure Plan 1991 – 2011. 4. Conditions as may be required by the Director of Services – Environmental Health. 5. Conditions as may be required by English Nature. 6. Conditions as may be required by Highway Authority. 7. No development shall take place until the applicant has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Local Planning Authority. Reason: The development is likely to disturb items of archaeological interest and to accord with Policy S1 of East Sussex and Brighton & Hove Structure Plan 1991-2011. )

REASONS FOR GRANTING: The application has demonstrated that other development schemes have been assessed and the submitted scheme has been chosen as the preferred option to achieve the stated objective of the project whilst also minimising the negative impacts of the scheme on the environment. The negative environment impacts have been identified and assessed and have been balanced against the objectives of the project – the perceived need to protect existing dwellings in Fairlight Cove which in terms of a material planning consideration, has been given considerable weight in the determination of the application. It is considered that reasonable mitigation measures can be put in place to alleviate the negative environmental impacts that have been identified including

- 30 - the impact on the AONB and SSSI and in the circumstances an approval of planning permission is justified. The development is in accordance with Policies S1(b), S10(a) and EN2(f) of the East Sussex & Brighton & Hove Structure Plan 1991 – 2011.

OR in the event that the concerns of English Nature are not resolved:

REFERENCE TO GOSE UNDER THE PLANNING APPLICATION DEPARTURES PROCEDURE (MINDED TO GRANT FULL PLANING PERMISSION) DELEGATED ______

RR/2005/2483/P GUESTLING GUESTLING RECREATION GROUND, RYE ROAD DEMOLITION OF EXISTING AND ERECTION OF NEW SPORTS PAVILION Guestling Parish Council

DECISION: GRANT (FULL PLANNING) 1. CN7B ‘roofing tiles and facing bricks’ (External materials) 2. CN8C (Foul and surface water details)

REASONS FOR GRANTING PERMISSION: The proposed sports pavilion is of an appropriate design and will not adversely affect the character of the area or the amenities of adjoining properties and therefore complies with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003). ______

RR/2005/2632/P GUESTLING BRYNMOOR, EIGHT ACRE LANE, THREE OAKS INSERTION OF WINDOW IN REAR EXTENSION WITHOUT COMPLYING WITH CONDITION 3 IMPOSED UPON PLANNING PERMISSION RR/2002/2050/P Mr C Meekham

DECISION: REFUSE (FULL PLANNING) 1. The proposed new window in the rear extension would result in overlooking of the property ‘Cherry Trees’ and adversely affect the residential amenities of that property. It is therefore contrary to Policy S1 of East Sussex & Brighton & Hove Structure Plan 1991 – 2011 and GD1 of Rother District Local Plan: Revised Deposit (November 2003). ______

If a Section 106 is required – see Minute PL73 (4)

RR/2005/2567/P PETT POTTING SHED, PETT ROAD ERECTION OF FOUR DETACHED HOUSES WITH ASSOCIATED GARAGES INCLUDING FORMATION OF NEW AND ALTERATIONS TO EXISTING VEHICULAR ACCESSES Mr F Walsh

DECISION: GRANT (FULL PLANNING) DELEGATED (LEGAL ADVICE REGARDING LAND AT THE REAR RE CONDITION OR SECTION 106 OBLIGATION/DRAINAGE MATTERS/PROVISION OF FOOTWAY)

- 31 - 1. CN7B (External materials) Add - (d) All external roadways and parking areas. Reason: To ensure a standard of development appropriate to the area in accordance with Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003). 2. CN13A (Landscaping scheme) Amended “No works on the individual houses shall take place…..”. “…such scheme shall specifically include planting to the boundaries with ‘Oakleigh’ and ‘Springdale’” Reason: To both provide a landscaped setting for the site itself and to enhance the development when viewed from adjoining properties in accordance with Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003). 3. CN13B (Implementation of landscaping scheme) Reason: To both provide a landscaped setting for the site itself and to enhance the development when viewed from adjoining properties in accordance with Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003). 4. CN8C (Foul and surface water details). Reason: To ensure a satisfactory development of the site in accordance with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003). 5. Notwithstanding the provisions of the Town & Country Planning General Development Order 1988 (or any Order revoking and re-enacting this Order) no: a) windows except as shown on the approved plans shall be inserted into any of the houses hereby permitted b) extension or alteration of any of the houses hereby permitted shall be carried out c) garage, car port, vehicle hardstanding or other structure shall be erected within the curtilage of any of the houses hereby permitted. Reason: The constraints of site are such that the houses though now positioned so as to minimise their impact on adjoining ownership should not be further extended or altered without careful consideration as to the effect of such changes on the amenities of adjoining residents having regard to Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003). 6. The land hatched mauve on the approved plan 0427/04/1 (at 1:1250) shall be used only in conjunction with the development hereby approved and in this respect for residential purposes ancillary to plots 3 and/or 4, and not for any commercial use. However notwithstanding the provisions of the Schedule to the Town and Country Planning General Development Order 1988 (or any Order revoking or re-enacting this Order) no building, structure, works, means of enclosure or any other development described by Classes E and F of Part 1 or Class A of Part 2, shall be constructed, erected or otherwise undertaken without a further planning permission. Reason: The area concerned though previously used commercially was historically a separate parcel of land and unlike much of the remainder of the site extends well beyond the village Development Boundary. Any development or other physical works in this area should be carefully controlled in the interests of the amenity of the rural area having regard to Policies S1, EN2, EN3 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policies DS1 and GD1 of the Rother District Local Plan: Revised Deposit (November 2003).

- 32 - 7. The buildings shall not exceed in height the slab levels indicated on drawing 0427/04 and prior to the final finishes of all gardens, parking areas, drives and other external surfaces the final levels of such areas shall be submitted to and approved in writing by the Local Planning Authority. Thereafter no dwelling shall be occupied until all works to the agreed levels have been completed and thereafter no variation to such agreed levels shall be made without a further planning permission. Reason: The development is considered acceptable in relation to adjoining properties having regard to the reduction in ground levels proposed which should be undertaken prior to occupation of the houses in the interests of adjoining residents and in accordance with Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003). 8. No development approved by this permission shall be commenced prior to a contaminated land assessment and associated remedial strategy, together with a timetable of works, being submitted to the local planning authority for approval. a. The contaminated land assessment shall include a desk study to be submitted to the local planning authority for approval. The desk study shall include the history of the site’s uses and a walk-over survey. It shall, if necessary, propose a site investigation strategy based on the relevant information discovered by the desk study. The strategy shall be approved by the local planning authority prior to investigations commencing on site. b. The site investigation, including relevant soil, soil gas, surface and ground water sampling, in accordance with a quality assured sampling and analysis methodology. c. A site investigation report detailing all investigative works and sampling on site, together with the results of analysis, risk assessment to any receptors and a proposed remediation strategy shall be submitted to the local planning authority. The local planning authority shall approve such remedial works as required prior to any remediation commencing on site. The works shall be of such a nature so as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment (including any controlled waters). d. Approved remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. If during any works contamination is encountered which has not previously been identified then the additional contamination should be fully assessed and an appropriation remediation scheme submitted to the local planning authority for approval. e. Upon completion of the works, this condition shall not be discharged until a closure report has been submitted to and approved by the local planning authority. The closure report shall include details of the proposed remediation works and the quality assurance certificates to show that the works have been carried out in full in accordance with the approved methodology. Details of any post remediation sampling and analysis to show the site has reached the required clean-up criteria shall be included in the closure report together with the necessary documentation detailing what waste materials have been removed from the site. Reason: To remove or treat any contaminated material that may be present on the site in accordance with Policy S1 of the East Sussex and Brighton &

- 33 - Hove Structure Plan 1991-2011 and Policies DS1 and GD1 of the Rother District Local Plan: Revised Deposit (November 2003). 9. The development shall not be occupied until car parking areas and turning space has been provided in accordance with the submitted plan (Drawing No. 0427/04 Rev. A) and the car parking area and turning space shall thereafter be retained for that use and shall not be used for any other purpose. 10. The access shall not be used until visibility splays of 2.4m x 90m have been cleared and thereafter kept free from obstructions to visibility in both directions at the junction of the access and Pett Road (C23). For this purpose the height of the drivers eye is taken to be 1.05m above the vehicular access and the object viewed is taken to be 600mm above carriageway level. Visibility splays shall be formed of grass or hardsurface and allow unobstructed visibility for drivers using the access and the adjoining road. 11. Prior to commencement of development on site, detailed drawings including levels and construction details of the new footway shall be submitted to the Planning Authority and be subject to its approval in writing, in consultation with this Authority. Reason for all above conditions –

To ensure a proper standard of access in the interests of vehicular and pedestrian safety having regard to Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003).

REASONS FOR GRANTING PERMISSION: The Local Planning Authority has considered this application in the light or the previous appeal decision. The site has been accepted as a potential residential site for many years even though it also includes land outside the currently defined village Development Boundary. The Council has examined the proposal critically in terms of the relationships of the new dwellings with the properties ‘Oakleigh;’ and ‘Springdale’ on either side and the property ‘Nedrabs’ opposite. Given the design of the new houses and the lower ground levels now proposed the Local Planning Authority considers that the Inspector’s original concerns have been met and that the scheme complies with the general criteria of Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and the specific development guidelines of Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003). ______

RR/2005/2760/P RYE 113 WINCHELSEA ROAD - REAR OF, 113A, 115 AND 117 WINCHELSEA ROAD REVISED PROPOSALS FOR THE DEMOLITION OF 113A, 115 AND 117 WINCHELSEA ROAD. ERECTION OF 24 HOUSES AND GARAGES, CONSTRUCTION OF NEW ROAD, ALTERATION TO EXISTING ACCESS AND FORMATION OF NEW ACCESS Svela Developments Ltd

DECISION: GRANT (FULL PLANNING) DELEGATED (FOR THE STATUTORY TIME LIMIT) 1. CN14J (Alternative permission to RR/2005/1282/P). 2. Before any development takes place, detailed plans for boundary walls and fences on the site shall be submitted to and be subject to the approval of the Local Planning Authority. The walls and fences shall be constructed in accordance with the approved plans at the time of development and before

- 34 - the penultimate dwelling is first occupied and shall thereafter be retained in accordance with the approved details. Reason: To ensure the satisfactory development of the site and to accord with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011. (CN9H) 3. No development shall take place until there has been submitted to and approved by the Local Planning Authority a fully detailed schedule of all external materials and the development shall be carried out using the approved materials. Reason: In the interests of the visual amenities of the locality and to accord with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991- 2011. (CN7G) 4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting this order) no:- b) Extension or alteration of the dwellings shall be carried out. c) Garage, carport, or other structure shall be erected within the curtilage of the building. Reason: To ensure appropriate development of the site and to accord with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991 - 2011. (CN5E) 5. The new estate road shall be completed to the satisfaction of the Local Planning Authority before any of the new dwellings the subject of the application is first occupied. Reason: In the interests of highway safety and convenience of the public and to accord with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011. 6. Before any development takes place, detailed plans for the planting of trees and/or shrubs on the site shall be submitted to and be subject to the approval of the Local Planning Authority, the planting shall be carried out at the time of development or at such later date as may be agreed in writing by the Local Planning Authority, and in any event within 6 months from the completion of the development. Any trees and/or shrubs removed, becoming severely damaged or diseased, or which die within 5 years of planting shall be replaced by trees and/or shrubs of similar size and species to those originally required to be planted. Reason: To improve and maintain the characteristics of the locality and to accord with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011. 7. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. Reason: To maintain the characteristics of the locality and to accord with Policies S1, S5 and S6 of the East Sussex and Brighton & Hove Structure Plan 1991 - 2011. 8. Before any constructional work is commenced, a schedule of floor levels for each house shall be submitted to the Local Planning Authority and subject to their approval. The development shall be carried out in accordance with the approved details.

- 35 - Reason: To provide for the proper development of the site and to accord with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011. 9. The finished floor level of the first floor of the new dwellings shall be a minimum of 5.4m AOD Newlyn with all domestic utility service entry points at the first floor. Reason: To reduce the risk to life in the event of flooding and to accord with Policy S1 of the East Sussex and Brighton & Hove Structure 1991-2011. 10. Use of the ground floor shall be restricted to garage space, storage areas and utility rooms only and the ground floor shall be constructed of flood resistant materials. Reason: To reduce the risk to life in the event of flooding and to accord with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011. 11. Details of foul and surface water drainage for the site and measures undertaken to protect the public sewers prior to the commencement of the development shall be submitted to and approved by the Local Planning Authority before any work on the site commences. The drainage works shall be constructed in accordance with the approved plans before the development hereby permitted is brought into use or occupied. Reason: To prevent water pollution, ensure satisfactory drainage of the site and accord with Policy EN11 of the East Sussex and Brighton & Hove Structure Plan 1991-2011. (CN8C) 12. No development shall take place until a satisfactory means of access has been constructed to the satisfaction of the Local Planning Authority in consultation with the Highways Agency. The gradient of the access shall be no more than +/-4% over a 'dwell area' of 15m from the edge of the A259 carriageway and over the access as a whole the gradient shall not exceed 10%. Reason: In the interests of highway safety and to accord with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011. 13. Before the new access is first brought into use the visibility splays of 2.4m by 70m from the access onto Winchelsea Road (as defined in the Design Manual for Roads and Bridges) in the visibility envelope as defined in the Design Manual for Roads and Bridges) i.e. from a drivers eye height of 1.05m - 2m to an object height of 0.26m - 2m shall be cleared and thereafter kept free of obstruction to the visibility of drivers using the access and adjoining road. Reason: In the interests of highway safety and to accord with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011. 14. The maximum height of the front wall along the pavement shall be 0.26m. Details of the wall and any fencing erected above this wall (which must not be of a type that will obstruct visibility) must be submitted to and approved by the Local Planning Authority before any development is commenced. The work shall be carried out in accordance with the approved details and be so maintained. Reason: In the interests of highway safety and to accord with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011. 15. Before any development is commenced details of the new retaining wall (between the existing retaining wall and the proposed dwellings) shall be submitted to and be approved by the Local Planning Authority in consultation with the Highways Agency. The work shall be carried out in accordance with the approved details. Reason: To protect the existing wall from damage during the construction process and accord with the provisions of Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011.

- 36 - 16. No changes to the existing retaining wall along the road frontage shall be carried out except as may be agreed in writing by the Local Planning Authority in consultation with the Highway Agency. Reason: In the interests of highway safety and to accord with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011. 17. Detailed plans, including levels, sections, constructional details of the proposed road, surface water drainage, outfall disposal and street lighting to be provided, shall be submitted to the Local Planning Authority and be subject to their approval, before the development hereby permitted is first commenced. Such work is to be carried out at the time of development in accordance with the approved details and completed before any building is occupied. Reason: In the interests of highway safety and to accord with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011. 18. Prior to the occupation of any dwelling details of localised improvement to pedestrian crossing facilities on Winchelsea Road shall be submitted to and be subject to the approval of the Local Planning Authority. Such approved works shall be carried out within 6 months of the occupation of the first dwelling on the site. Reason: In the interests of highway safety and to accord with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011. 19. The proposed garages hereby approved shall be retained for the purposes of a vehicular garage except with the express grant of planning permission. Reason: To accord with the provision of Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011. 20. Details of secure and long term cycle parking spaces shall be submitted to and be subject to the approval of the Local Planning Authority. The approved cycle parking facilities shall be provided prior to the occupation of the dwelling to which they relate. Reason: To accord with the provisions of Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011. 21. Prior to the commencement of development details of surfacing for the hard surfaced areas within the site shall be submitted to and be subject to the approval of the Local Planning Authority and the development shall be carried out in accordance with the approved details. Reason: To accord with the provisions of Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011.

REASONS FOR THE GRANT OF PLANNING PERMISSION: This application proposes minor changes to the layout and details of the residential development approved under reference RR/2005/1282/P which are considered to be satisfactory. Planning permission has been granted because the proposal complies with the requirements of Policies S1, S5, S6 and EN11 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy GD1 of the Rother District Local Plan: Revised Deposit (November 2003).

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