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Home , Balls Cross, Ebernoe, Ifold, Lurgashall, Petworth, West Harting

PLANNING COMMITTEE 14 October 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/15/00336/COU Land North of Junction With B2138, Bury Road, Bury, West I (R Hawks) - Stationing of 2 caravans for human habitation. In progress Linked to BI/15/01288/FUL, BI/15/01287/FUL and BI/15/00194/CONTRV

CC/15/01245/DOM 30 Brandy Hole Lane, Chichester, , PO19 5RY WR (M Tomlinson) - Garage conversion with bay window and new open bay In progress garage with first floor gym and shower.

SDNP/15/02367/HOUS Sparkes Farm, Road, , Ebernoe, WR (R Grosso GU28 9JU - Proposed demolition of various extensions to Macpherson) the rear and east sides of the house and their replacement In progress with new extensions.

SDNP/15/00299/ADV A286 Kings Drive to Henley Old Road, , WR (C Cranmer) West Sussex - To erect and keep for the Licence Period two In progress signs of a similar size and style to that shown on the attached illustration in positions shown on the attached location plan, on Kings Drive.

EWB/14/03986/FUL Stables North East Of Marula Cottage Church Farm Lane, WR (N McKellar) , West Sussex - Change of use from stables to In progress small holiday let.

SDNP/15/01301/HOUS 32 Vann Road , , West Sussex, GU27 3JN - Single WR (R Grosso storey and first floor extension. Macpherson) In progress Reference/Procedure Proposal

PS/14/04100/FUL Little Springfield Farm, Plaistow Road, , , H ( F Steven) , West Sussex, RH14 0TS - Demolition of In progress existing industrial buildings and erection of 3 no. detached dwelling houses with associated landscaping, surfacing, car parking provision and access works. 2. DECISIONS RECEIVED

Reference/Decision CC/14/02551/FUL Land Adjacent To 1 Kings Avenue, Chichester, West Sussex WR (C Boddy) PO19 8EA - Proposed 2 bedroom detached house. DISMISSED

"...The appeal is dismissed The current scheme is an amendment to a previous proposal, which was dismissed at appeal, Ref: PP/L3815/A/12/2171563 The scheme before me differs in so far as the design of the proposed dwelling has been changed from a square footprint with a simple pitched roof, to an L-shape building with a front facing gable... My colleague previously concluded that the site was simply too narrow and too shallow to accommodate a dwelling in a visually acceptable way. The changes to the proposed design do not address this fundamental issue, since the dimensions of the site remain unchanged... The introduction of a dwelling, that would occupy almost the full width of this highly constrained site, would appear to be an excessively cramped and incongruous form of development... For these reasons I conclude that the proposal would be harmful to the character and appearance of the area, contrary to Policies 33 and 47 of the recently adopted Chichester Local Plan... The proposed dwelling would be constructed in close proximity to secondary windows on the first floor in the flank elevation of No 1... the changes to the design have not overcome my colleague's concern and I share his conclusion that the proposal would be un- neighbourly... I conclude that the proposed dwelling would be harmful to the living conditions of occupants of the adjoining properties... The appeal site lies within Flood Zone 2... it is therefore necessary to apply the sequential test. The Council contends that given the size of the district and the extent of land that does not fall within areas at risk of flooding, there are likely to be more suitable sites to accommodate a single dwelling than the appeal site. I see no reason to disagree with this assessment...For these reasons I conclude that the appeal site would be unsuitable for the development of a new dwelling, due to its location within Flood Zone 2. It would be contrary to the advice of the Framework and PPG in relation to flood risk... the proposed dwelling would not be a sustainable form of development..." Reference/Decision EWB/15/00917/DOM Somerswood House, 144 Stocks Lane, East Wittering, West WR (C Boddy) Sussex, PO20 8NT - Revised dormers and roof alterations. DISMISSED “ The appeal is dismissed. The main issues are (i) the effect of the proposal on the character and appearance of the host dwelling and the surrounding area, and (ii) the effect on the living conditions for the occupiers of Nos. 142 and 146 as regards outlook. … The appeal scheme seeks to increase the ridge height of the approved two-storey rear extension to create a habitable second floor, with consequential changes to the proposed dormers in the side roof slopes and the width of the extension. … The thrust of the appellant’s argument is that given the existing approvals, these alterations now proposed would be ‘minimal’. Whether dimensions such as 0.9m for the increase in main ridge and eaves heights and 1.3m for the increase in dormer ridge heights can in themselves be reasonably described as ‘minimal’ is arguable. However to my mind it is their effect in this particular context that is more significant. The ridge height of the rear extension would become the same as that of the host dwelling, thereby removing the previous element of subservience. Without this, the proposal amounts to a ‘step change’ in the appearance of the building because the rearward extension would be perceived as part of the dwelling’s original design. As such, and bearing in mind that the property is one half of a semi-detached pair next to another semi-detached pair, an addition of this type and scale would make the dwelling appear disproportionately and incongruously large compared to its neighbours. Furthermore, the larger dormers in their higher position than approved would add bulk and mass to the extension, whilst the fact that three of the dormer windows are to a bedroom and need to be obscure glazed to avoid the overlooking of neighbours also illustrates their incongruity. As well as being harmful to the dwelling itself, I consider that the extension would be clearly visible in views from Stocks Lane in the gap between the building and No. 142. This would result in it becoming apparent that the development is harmfully out of keeping with the character and appearance of the area. The Council’s Design Guidelines for Alterations to Dwellings & Extensions 2009 require extensions to be visually integrated with the existing building; to be sympathetic to its surrounding and adjoining properties, and to be subservient in mass, bulk and form to the existing property. Whilst the appellant argues that the already approved development as now amended by the appeal scheme would be compliant with these requirements, I agree with the Council’s assessment that the proposal fails on all three. Turning briefly to the second issue, I am satisfied that because of the rear extension’s scale and bulk and the visual impact of the dormers, the proposed development would appear as overbearing and oppressive in the outlook from both Nos. 142 and 146. This strengthens the Council’s case for its refusal. Overall, I conclude that the harm to the character and appearance of the host dwelling and the surrounding area and the adverse effect on the living conditions for the neighbours as regards outlook would be unacceptable. As such it would conflict with Policy 33 of the adopted Chichester Local Plan: Key Policies 2014-2027, and the core planning principles and Section 7: ‘Requiring Good Design’ of the National Planning Policy Framework 2012. In reaching this conclusion I acknowledge that the appeal scheme would improve the usefulness of the extensions for the appellant but this does not outweigh the disadvantages of the proposal as outlined. As regards the scale of the proposed redevelopment of the nearby factory building as a retirement home, because of the different immediate context I do not regard this as being comparable with an extension to a semi-detached dwelling.” Reference/Decision SDNP/14/03765/FUL Fairleads, Wheatsheaf Enclosure, Liphook, Hampshire WR (M Mew) GU30 7EJ - Replacement dwelling substituting existing 4 bed house to create a 5 bed home. In progress DISMISSED

"...Within the estate there are a variety of ages and styles of dwellings, constructed of a mix of materials, and given this, the use of slate and render would not be unacceptably different with the estate. However, in addition to occupying much of the footprint of the existing bungalow, the proposed house would extend along much of the width of the garden. even with the angled plan form and the varying ridge heights, the proposed house would be a very long, deep and tall building that would be a dominant feature both within its plot and in the surrounding area. ... Despite the variation in plot sizes, a distinctive feature of the estate is the generous gardens, with many of the dwellings being approximately centrally positioned in them. This gives Wheatsheaf Enclosure its distinctive verdant and spacious appearance, due to the size of the gardens, even though some houses are large, they neither dominate their plots or the surrounding area, and no one dwelling stands out within the estate. ... It would occupy much of the width of its plot and would be substantially larger than the existing dwelling, and as such it would appear unacceptably dominant, both of the garden in which it is positioned and within the surrounding area. Furthermore, the design of the proposed house would harmfully draw attention to its size. the large and numerous areas of proposed glazing with a strong vertical emphasis, along with the size and complexity of the roof form, would exaggerate the height and bulk of the building. The appellant has referred to the site being well screened. Whilst existing trees would be retained, this may not always be the case. Moreover, the hillside position and substantial size of the house would allow it to be seen in the surrounding area from both public and private views. The National Planning Policy Framework (the Framework) requires great weight to be given to conserving the landscape and scenic beauty of National Parks. ... This applies in all cases, even though the proposed house would be mostly screened. and not just where development would be prominent or highly visible. The propose house would cause significant harm to the character and appearance of the are and the landscape and scenic beauty of the National Park. ..."

SB/14/02843/OUT Land East Of, Breach Avenue, Southbourne, Hampshire - H (J Bushell) Development of up to 34 dwellings, access, retention of orchard, public open space and other associated works on land at Breach Avenue.

WITHDRAWN 3. OUTSTANDING APPEALS

Reference/Status Proposal

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

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

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

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

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

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

CC/14/02201/FUL Garage Compound South Of 39 To 45, Cleveland Road, WR (P Kneen) Chichester, West Sussex - Proposed residential In progress development to form 3 no. 3 bedroom detached houses with associated gardens and garages.

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

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

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

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

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

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

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

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

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

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

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

SDNP/14/05057/LIS Old Manor House, West , , GU31 5PA - HARTING Replacement of 5 timber single glazed windows on the rear WR (M Mew) 1930s extension with new timber double glazed units. 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/14/05025/LIS High Hampstead,, Petworth, GU28 9EX - Lurgashall Retention of roof insulation in main barn inserted between WR (C Cranmer) rafters with plasterboard below so as to obscure rafters, In Progress contrary to condition 12 on planning permission LG/07/02213/FUL and condition 6 of listed building consent LG/07/02214/LBC.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SB/15/00113/FUL Land Between Meadowsweet And Appletrees, Lumley WR Road, Southbourne, West Sussex - Construction of a (F Stevens) dwelling. In progress Reference/Status Proposal WE/14/00911/FUL Land On The North Side Of Long Copse Lane, Westbourne I ( J Bushell) West Sussex - Erection of 16 no. dwellings, vehicular and In progress pedestrian access, car and cycle parking and landscaping Public Inquiry to be held 27-29 October 2015 at 10am – CDC Committee Room 1

WE/14/01217/FUL Land West Of Harwood, Cemetery Lane, Woodmancote H (J Bell) Westbourne, West Sussex - Provision of 5 Gypsy and Awaiting Decision Traveller pitches incorporating the re-design of an existing pitch (including the removal of stables granted in permission WE/13/03867/FUL) and the use of land for the stationing of caravans for residential purposes for an additional 4 no. gypsy pitches, together with the formation of additional hard standing and utility/ dayrooms ancillary to that use.

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

WW/13/00232/CONCOM Bramber Plant Centre, Chichester Road, – WR (S Archer) Portacabins being used as office – appeal against In progress Enforcement Notice. 4. VARIATIONS TO SECTION 106 AGREEMENTS

5. CALLED IN APPLICATIONS

Reference Proposal Stage

NONE

6. COURT AND OTHER MATTERS

Injunctions

Site Breach Stage

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

Land at Scant Preparation to convert use Planning application now made. Court Road East to residential without proceedings suspended. planning permission. Prosecutions

Site Breach Stage

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

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

Site Breach Stage

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

High Court

Site Matters prohibited by the Stage Order

Planning injunction:

NONE

Magistrates Court

NONE

7. POLICY MATTERS