Agenda Item 10 & 11
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Public Document Pack JOHN WARD East Pallant House Head of Finance and Governance Services 1 East Pallant Chichester Contact: Democratic Services on 01243 534609 West Sussex Email: [email protected] PO19 1TY Tel: 01243 785166 www.chichester.gov.uk A meeting of Planning Committee will be held in Committee Rooms, East Pallant House on Wednesday 9 June 2021 at 9.30 am MEMBERS: Mrs C Purnell (Chairman), Rev J H Bowden (Vice-Chairman), Mr G Barrett, Mr R Briscoe, Mrs J Fowler, Mrs D Johnson, Mr G McAra, Mr S Oakley, Mr R Plowman, Mr H Potter, Mr D Rodgers, Mrs S Sharp and Mr P Wilding SUPPLEMENT TO AGENDA 10 Chichester District Council Schedule of Planning Appeals, Court and Policy Matters (Pages 1 - 11) The Planning Committee will consider the monthly schedule updating the position with regard to planning appeals, litigation and recent planning policy publications or pronouncements. 11 South Downs National Park Schedule of Planning Appeals, Court and Policy Matters (Pages 13 - 19) The Planning Committee will consider the monthly schedule updating the position with regard to planning appeals, litigation and recent planning policy publications or pronouncements. This page is intentionally left blank Agenda Item 10 Chichester District Council Planning Committee Wednesday 09 June 2021 Report of the Director Of Planning and Environment Services Schedule of Planning Appeals, Court and Policy Matters between 14-04-2021 - 18-05-2021 This report updates Planning Committee members on current appeals and other matters. It would be of assistance if specific questions on individual cases could be directed to officers in advance of the meeting. Note for public viewing via Chichester District Council web 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). * = Committee level decision 1. NEW APPEALS (Lodged) Reference/Procedure Proposal * 20/01826/FUL Chidham & Hambrook Land Adjoining A27 Scant Road West Hambrook Parish Chidham West Sussex PO18 8UA Case Officer: Mixed use development comprising 118 dwellings Andrew Robbins (including 36 affordable dwellings), public open space, Public Inquiry landscaping and associated works and a retail convenience 01-Sep-2021 store with community space above all accessed via Broad VIRTUAL Road. Page 1 2. DECISIONS MADE Reference/Procedure Proposal 19/01951/FUL Oving Parish Land At The Corner Of Oving Road And A27 Case Officer: Jeremy ChichesterPO20 2AG Bushell Informal Hearing Erection of 143 dwellings, with associated access, parking, public open space, landscaping, extension to residential curtilages of existing properties along Oving Road and other associated works. Appeal Decision: APPEAL WITHDRAWN 20/02466/PLD Selsey Parish Ashbourne Residential Case Officer: Maria Home Byways Selsey Chichester West Sussex PO20 0HY Tomlinson Written Representation Use as a single dwelling within Use Class C3. Appeal Decision: APPEAL DISMISSED “…The meaning of ‘use’ is provided in s336(1)1 however the concept of a material change of use is not defined in statute or statutory instrument. Nevertheless, for a material change of use to have occurred, there must be some significant difference in the character of the activities from what has occurred previously. Such considerations are a matter of fact and degree. That is reflected in the Planning Practice Guidance. I must consider whether overall, there would be a change in character in the use of the land. That consideration is required whether the effects, in planning terms, would be positive or negative. It is also clear that there would be a material change in the character of the use of the land. An 18-bedroom care home and all the comings and goings of staff, visitors, residents, deliveries and so on would, as a matter of fact and degree, be materially different to use as a single dwellinghouse for all the reasons argued by the appellant. Those reasons whilst all apparently positive from a planning perspective, still amount to a change of use in the character. … the proposed change of use would be a material change of use that would require planning permission. … For the reasons given above I conclude that the Council’s refusal to grant a certificate of lawful use or development in respect of use as a single dwelling within Use Class C3 was well-founded and that the appeal should fail.” Page 2 3. IN PROGRESS Reference/Procedure Proposal 17/00362/CONMHC Birdham Parish Plot 14 Land North West Of Premier Business Park Birdham Road Appledram West Sussex Case Officer: Shona Archer Without planning permission change of use of the land to Informal Hearing use as a residential caravan site. (The hearing on Linked to 17/00361/CONMHC & 17/00356/CONMHC 08-Jun-2021 is postponed – alternative date TBC) EPH 17/00361/CONMHC Birdham Parish Plot 13 Land North West Of Premier Business Park Birdham Road Appledram West Sussex Case Officer: Shona Archer Without planning permission, change of use of the Land to Informal Hearing the storage of a caravan and a diesel fuel oil tank. (The hearing on Linked to 17/00362/CONMHC & 17/00356/CONMHC 08-Jun-2021 is postponed – alternative date TBC) EPH 17/00356/CONMHC Birdham Parish Plot 12 Land North West Of Premier Business Park Case Officer: Shona Archer Birdham Road Appledram West Sussex Informal Hearing Without planning permission, change of use of the Land to (The hearing on 08-Jun- the storage of a caravan and a highway maintenance 2021 is postponed – vehicle used for white line painting. alternative date TBC) Linked to 17/00362/CONMHC & 17/00361/CONMHC EPH * 19/02579/FUL Chichester Parish Land North West Of Newbridge Farm Salthill Road Case Officer: Martin Mew Fishbourne West Sussex Written Representation Change use of land to travellers caravan site consisting of 4no. pitches each containing 1no. mobile home, 1no. touring caravan, 1no. utility dayroom; play area and associated works. Linked to 20/00380/CONTRV Page 3 Reference/Procedure Proposal 20/00380/CONTRV Chichester Parish Land North West Of Newbridge Farm Salthill Road Case Officer: Sue Payne Fishbourne West Sussex Informl Hearing Appeal against creation of hardstandings and siting of mobile homes without planning permission. Linked to * 19/02579/FUL * 20/00412/OUT Chidham & Hambrook Land Off Broad Road Broad Road Hambrook PO18 8RF Parish Case Officer: Joanna Bell Informal Hearing Outline Application for the construction of 35 no. affordable residential dwellings for first time buyers and those looking to rent their first home (Paragraph 71 entry-level exception site), with all matters reserved other than access. 19/02493/OUT Earnley Parish Earnley Concourse Clappers Lane Earnley Chichester Case Officer: Jeremy West Sussex PO20 7JN Bushell Informal Hearing Outline planning application with all matters except Access reserved. Demolition of Earnley Concourse buildings, Elm Lodge, Gate Cottage and the Ranch House and replacement with residential development of up to 32 no. dwellings with associated access and footway works, landscaping, open space and drainage infrastructure 20/01235/FUL Earnley Parish 111 Second Avenue Almodington Earnley PO20 7LF Case Officer: Maria Tomlinson Written Representation Erection of 1 no. dwelling - Alternative design to planning permission E/18/02530/FUL. 20/02386/PA3Q Earnley Parish 112 Second Avenue Batchmere Chichester Case Officer: Maria West Sussex PO20 7LF Tomlinson Written Representation Notification for prior approval for a proposed change of use of agricultural building to a dwellinghouse (Class C3), and for associated operational development. Page 4 Reference/Procedure Proposal 20/02993/FUL Earnley Parish The Shed Orchid Answers 113 Second Avenue Case Officer: Maria Batchmere Chichester West Sussex PO20 7LF Tomlinson Written Representation Replacement dwelling - amendments to design permitted under E/19/02956/FUL - to provide for 2 storey front extension. * 19/00431/AGR East Wittering And Hundredsteddle Farm Hundredsteddle Lane Chichester Bracklesham Parish West Sussex PO20 7BL Case Officer: Martin Mew Written Representation Grain store and machinery store. 20/01980/FUL Fishbourne Parish Parking Area South Of Black Boy Court Case Officer: Calum Main Road Fishbourne West Sussex Thomas Written Representation Extension and change use of roofspace to habitable accommodation over carport to create single dwellinghouse. 20/02303/FUL Fishbourne Parish Land At Bethwines Farm And South Of Ivy Lodge Case Officer: Jane Thatcher Blackboy Lane Fishbourne West Sussex Written Representation Construction of 35 no. affordable residential dwellings for first-time buyers with associated access, parking, landscaping and associated infrastructure. * 19/00445/FUL Funtington Parish Land South East Of Tower View Nursery West Case Officer: Martin Mew Ashling Road Hambrook Funtington West Sussex Written Representation Relocation of 2 no. existing travelling show people plots plus provision of hard standing for the storage and maintenance of equipment and machinery, 6 no. new pitches for gypsies and travellers including retention of hard standing. Page 5 Reference/Procedure Proposal 20/00234/FUL Funtington Parish Land West Of Newells Lane West AshlingPO18 8DD Case Officer: Calum Thomas Change of use of land for the stationing of 4 no. static Informal Hearing caravans and 4 no. touring caravans for a Gypsy Traveller site, including parking, hard standing and associated infrastructure. Linked to 20/00288/CONENG 20/00288/CONENG Funtington Parish Land West Of Newells Lane West Ashling Chichester Case Officer: Tara Lang West SussexPO18 8DD Informal Hearing Appeal against Enforcement Notice FU/77 Linked 20/00234/FUL 18/00323/CONHI Funtington Parish West Stoke Farm House Downs Road West Stoke Case Officer: Sue Payne Funtington Chicheste rWest Sussex PO18 9BQ Written Representation Appeal against HH/22 19/01400/FUL Loxwood Parish Moores Cottage Loxwood Road Alfold Bars Case Officer: William Price Loxwood Billingshurst West Sussex RH14 0QS Written Representation Erection of a detached dwelling following demolition of free- standing garage.