Agenda Item: 6

PLANNING COMMITTEE 4 March 2015

Report of Head of Planning Services

SCHEDULE OF PLANNING APPEALS, COURT AND POLICY MATTERS

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

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

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

1. NEW APPEALS

Reference/Procedure Proposal

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

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

CC/14/03646/TPA 7 Donegall Avenue, Chichester, West , PO19 6DE - WR (H Whitby) Fell 1 no. Lime tree (tag T642) within Group, G1 subject to CC/06/00025/TPO.

SDNP/14/03584/HOUS Trumpers, Upperfield, , , Easebourne GU29 9AE - Construction of a 2 bay garage. WR (C Cranmer)

SDNP/13/04972/FUL Hillgrove Stud Farm, Road, , West Northchapel Sussex, GU28 9EQ - Retention of agricultural workers H (J Saunders) mobile home for temporary period of 3 years. PS/14/02579/FUL Kings Copse, Road, Plaistow, Billingshurst, WR (M Tomlinson) RH14 0PE - Construction of tennis court with 2.7m high chain link fence. SDNP/14/04194/HOUS Tollgate Cottage, Durleigh Marsh, Petersfield, Hampshire GU31 5AX - Single storey rear extension and various works. WR (M Mew) Linked to SDNP/14/04195/LIS

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

WR/14/01765/FUL Westholme Farm, Newpound, , WR (M Tomlinson) Billingshurst, West Sussex, RH14 0QJ - Removal of condition no.7 of application 05/04886/FUL.

2. DECISIONS RECEIVED

Reference/Decision Proposal

EWB/13/03422/FUL Land south of 78 Stocks Lane, – demolition of WR (P Kneen) existing detached double garage and 3 space garage block. Dismissed Erection of 1no 1 bed/2 person bungalow and associated external works.

APP/L3815/A/14/2219264

"... The main issues are the effect of the proposal on the character and appearance of the area and on the living conditions of neighbours and prospective occupiers of the bungalow. The appeal site lies at the western end of a long row of garages situated behind the two storey houses on this part of Stocks Lane. It is situated directly behind the short rear gardens of Nos 78-84 (even) and in front of the even shorter front gardens of Nos 74-78. ... It would therefore be an incongruous and contrived residential plot hemmed in by existing residential development on three sides. ... The proposal would be seriously harmful to the character and appearance of the area. ...The proposed bungalow would not provide acceptable living conditions for its future occupiers and it would significantly harm those of existing surrounding neighbours. ... I also acknowledge the sustainable location of the site but this does not outweigh my findings on the main issues in this case. ..."

SDNP/13/03175/FUL & The Corner Cottage, Cobblers Row to The Grove, Singleton SDNP/13/03373/LIS – proposed extension of garage to provide a one bedroom WR (M Mew) cottage Allowed

APP/Y9507/A/13/2210804 & APP/Y9507/E/13/2210800

"... The Authority refers to the garage as being 'of limited merit' but that the effect is somewhat mitigated by being mostly behind the wall and that its flat roof allow views over it of Corner Cottage and other listed buildings. ...Far from being unobtrusive due to its flat roofed form, or possessing limited merit, the existing garage is an obtrusive and negative feature of the conservation area, and has no merit. It has an uncharacteristic roof form and the poor treatment of the wall and the visibility of the fascia, bricks and felt causes real harm to the character and appear of the area, and that harm is by no means mitigated or excused by the existence of views over it. ... There is no doubt that the proposed extension and resulting longer building, including the pitched roof, would be highly visible. ... The form of the roof would be entirely appropriate to the character and appearance of the area and the setting of the listed buildings nearby, including Corner Cottage, and its placement in the propose position in place of the flat roofed arrangement would be an enhancement of the appearance of the wall and the streetscene, and hence the conservation area. ... The shape of the garden and resulting size would be acceptable and there is ready access to recreation land by the church. There is no issue over the garden area remaining for Corner Cottage but there would be oblique views over the new garden from that existing dwelling, although that is not an unusual or harmful relationship within the build-up part of the village. The dwelling would be small but would provide adequate space commensurate with the amount of sleeping accommodation. ... The appellant refers to this as providing a small affordable home for a local person, and goes on to detail some personal circumstances, but no mechanism has been put forward to secure either affordable housing or the continued occupation by a local person. However, the application is acceptable on its merits, as an enhancement of the conservation area with no harm to listed buildings, and no weight need be attached to these other matters. ..." WI/14/01626/FUL Greenleas, Itchenor Road, – replacement WR (S Locke) dwelling with guest lodge and garage. Allowed

APP/L3815/A/14/2225369

"The appeal is allowed and planning permission is granted for replacement dwelling with guest lodge and garage at Greenleas. ... Main Issues This is the effect of the proposed development on the character and appearance of the surrounding area. ... The size of the replacement dwelling would be above the guidelines contained within the Design Guidelines for New Dwellings and Extensions - Chichester Harbour Area of Outstanding Natural Beauty August 2010 (AONB Guidelines) which advise that when considering a substantial increase in the size of redevelopment proposals a 50% increase above the existing footprint and a 25% increase above the existing "silhouette" (on any elevation visible from the wider landscape) is likely to be the maximum increase that may be acceptable. However, it is important to note this document continues to explain that the acceptability of any increase in size (whether within the guideline limits or not) will be dependent on whether the site can accommodate the increase while still respecting local character by reflecting the surrounding pattern of development and spaces between buildings. ... With regard to the design of the proposed dwelling, I do share some of the concerns that have been raised about the disjointed appearance and inter-relationship of the three separate architectural elements of the scheme. The more modern single and two storey wings with hipped roofs are disproportionate and do not relate well to the dominant Georgian design of the main part of the development. However, this is a minor criticism as the development would be effectively shielded from view and the character of the area is more critically defined by the trees and landscaping rather than the architecture in this particular part of the AONB. I do not consider that the development can be described as sprawling, it is L shaped which in itself provides a degree of compactness and the garages would be sensitively located within a gap between trees and set visually apart from the main dwelling. These negative criticisms of the design do not represent sufficient reason to withhold permission. ... With regard to the Guest Annexe I acknowledge that this would increase the size of the overall scheme that is already significantly larger than the current dwelling. However it is visually separate from the main dwelling and would have little impact in its surroundings. The appellant had made it clear that it is not intended to be used as a separate dwelling and I discuss this matter further in the Conditions section. The proposed development would therefore have an acceptable effect on the character and appearance of the area and would also conserve the appearance of the AONB. ..."

SDNP/14/03841/LIS Farm Cottage, Lane, Sutton, Pulborough - First WR (C Cranmer) floor rear extension over existing ground floor projection.

APP/L3815/Y/14/3000855 WITHDRAWN

3. OUTSTANDING APPEALS

Reference/Status Proposal

BI/13/00316/FUL Pool, The Causeway, Birdham – conversion of H (J Bell) building to 4no dwellings, replacement workshop building, Hearing to take place re-arrangement of existing boatyard. Installation of 25.02.15, CDC replacement modern crane. Re-arrangement of existing Committee Room 1 at 10 marina layout. Relocation of marina office am

BI/14/01362/LBC Hammonds Farm, Westlands Lane, Birdham - demolition of WR (N McKellar) existing extension and conservatory and construction of In progress single storey rear extension and conservatory with associated works. 2 no dormer windows in connection with loft conversion. Closing existing pedestrian access to Westlands Lane. (TO BE LINKED WITH BI/14/01361/DOM)

BO/14/02085/DOM Pheasant Lodge, Old Park Lane, – proposed WR (S Locke) entrance porch. In progress

BO/14/02894/FUL Mariners, The Drive, Bosham - Demolition of existing 3- WR (F Stevens) bedroom 2 storey detached house with linked garage and In progress replacement with new two storey, low carbon 4 bedroom house with associated attic space.

SDNP/12/00426/ Warehead Stud, Thicket Lane, , – UNAWKS erection of a pole barn, unauthorised container, (Boxgrove) hardstanding – appeal against Enforcement Notice. WR (R Hawks) In progress

CC/14/00770/DOM Pippins, Rew Lane, Chichester - First floor extension. WR (A Weir) In progress Reference/Status Proposal

CC/14/01793/ADV Cote, 63 South Street, Chichester – hanging sign to be WR (A Miller) placed at the corner of building. In progress

CH/13/03157/OUT Pottery Field, Main Road, Nutbourne – erection of 26 WR (J Bell) dwellings (2no 1 bed apartments, 3no 2 bed bungalows, 5no In progress 2 bed houses, 12no 3 bed houses, 4no 4 bed houses and new access from A259, landscaping, children’s play area, open space and junior sports field.

CH/13/03978/FUL Land On The East Side Of Cot Lane, Chidham - Residential WR (S Harris) development comprising 25 no. dwellings, change of use of land to form area of off-site public open space and associated work.

CH/14/02042/FUL Land north of High Tide, Chidham Lane, Chidham – erection WR (P Kneen) of detached cottage to replace extant planning permission for boat house.

SDNP/13/04315/LDE Stable Cottage, Dunford Hollow, West Lavington – WR (J Saunders) continued use for over 10 years of land as residential () curtilage. In progress

FU/14/02204/FUL 1 Clearwater, Ratham Lane, West Ashling – erection of new WR (F Stevens) single storey utility building to replace extant permission for 2 storey utility building.

SDNP/12/02760/FUL Ship Inn, North Lane, – change of use of Harting building from A4 (drinking e4stablishment) to C3 (single H (N Langford) dwellinghouse). In progress

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

SDNP/13/02293/FUL Dundee House, Bepton Road, Midhurst – demolition of WR (SDNPA – R Ainslee) existing B1(c) industrial building with ancillary offices and (Midhurst) erection of a new mixed development with A1/A3, B1 and In progress C3 uses. Provision of service yard and car parking. (TO BE LINKED WITH SDNP/13/02294/CON)

SDNP/13/02294/CON Dundee House, Bepton Road, Midhurst – demolition of WR (SDNPA – R Ainslee) existing B1(c) industrial building with ancillary offices. (Midhurst) (TO BE LINKED WITH SDNP/13/02293/FUL) In progress Reference/Status Proposal

NM/13/03929/OUT Land Adjoining Stoney Lodge, School Lane, North WR (P Kneen) Mundham - Erection of 4 no dwellings with re-use of existing In progress access point. PS/14/01968/OUT Land west of The Lane, , Loxwood – residential WR (P Kneen) development comprising 4 dwellings with associated car In progress parking and landscaping. Formation of new access from The Lane.

PS/14/03297/OUT Bradstow Lodge, The Drive, Ifold, Loxwood ,Billingshurst - WR (F Stevens) Demolition of existing dwelling and construction of 3 no. In progress detached dwellings.

SB/14/01672/OUT Dunkirk, South Lane, Southbourne – erection of 5no WR (P Kneen) dwellings. In progress

TG/14/03148/COUPJ Exeter House, 220 City Fields Business Park, - WR (S Harris) Part 3, Class J: Change of use of existing building (approx In progress 816 sqm) from Class B1 (offices) to Class C3 (dwelling houses), 12 no. apartments comprising 2 no. 1 bed unit and 10 no. 2 bed apartments (6 units on each floor).

TG/14/03149/COUPJ Salisbury House, Tangmere, Chichester - Change of use of WR (S Harris) existing building (approx 1055 sqm) Class B1 offices, to In progress Class C3, 11 no. apartments comprising 1 no. 1 bed unit and 10 no. 2 bed apartments.

TG/14/03166/COUPJ Lincoln House, City Fields Way, Tangmere, Chichester - WR (S Harris) Change of use of existing building 2 storey office building, In progress Class B1, (approx 672 sqm ) to Class 3, 8 no. units comprising 4 no. 1 bed units and 4 no. 2 bed apartments.

WE/14/00940/DOM Sawmills Farm, Monks Hill, Emsworth - Kitchen extension. WR (S Locke) In progress

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

WR/14/01365/FUL Winterfold, Durbans Road, Wisborough Green – WR (M Tomlinson) replacement dwellinghouse to copy existing building with original external finishes (as amended by granted WR/13/01722). 4. VARIATIONS TO SECTION 106 AGREEMENTS

NONE 5. CALLED IN APPLICATIONS

Reference Proposal Stage

NONE

6. COURT AND OTHER MATTERS

Injunctions

Site Breach Stage

NONE

Prosecutions

Site Breach Stage

Decoy Farm, Failure to comply with Decoy Farm – Defendants made Aldingbourne Planning Enforcement application to the Court to adjourn on Notice. basis of their submission of a planning application. Legal attended Court for hearing on that issue on 12 November 2014 but the matter was adjourned. Matter relisted to 13 March 2015 following refusal of planning application.

Nell Ball Farm, Failure to comply with Prosecution was prepared, but due to Plaistow Planning Enforcement the ill health of the defendant the Notice matter was suspended. A planning application has now been submitted with new information on agricultural need and so prosecution will not take place pending determination of that application. Prosecutions

Site Breach Stage

11 Lane, S.43 Listed Building Act Court proceedings prepared and Liphook breach authorised, Court date set to 13th March 2015.

12 Second Failure to comply with Court proceedings prepared and Avenue, s.215 notice. authorised, Court date requested. Emsworth

Land at Failure to comply with Court proceedings prepared and Brackenwood Planning Enforcement authorised. Court date requested. Notice Prosecutions

Site Breach Stage

The Barnyard Display of unauthorised Court proceedings prepared and adverts. authorised. Court date requested. High Court

Site Matters prohibited by the Stage Order

Planning injunction:

NONE

Magistrates Court

Site Breach Stage

NONE

7. POLICY MATTERS

NONE