Committee AGENDA

E-mail: CommitteeServices@horsham.gov.uk

Direct line: 01403 215465

Development Control (South) Committee TUESDAY 21ST OCTOBER 2014 AT 2.00pm COUNCIL CHAMBER, PARK NORTH, NORTH STREET, HORSHAM

Councillors: David Jenkins (Chairman) Sheila Matthews Vice-Chairman) Roger Arthur Liz Kitchen Adam Breacher Gordon Lindsay Jonathan Chowen Brian O’Connell Philip Circus Roger Paterson Roger Clarke Sue Rogers George Cockman Kate Rowbottom David Coldwell Jim Sanson Ray Dawe Diana van der Klugt Brian Donnelly Claire Vickers Jim Goddard

Tom Crowley Chief Executive

AGENDA

1. Apologies for absence

2. To approve as correct the minutes of the meeting of the Committee held on 16th September 2014 (attached)

3. To receive any declarations of interest from Members of the Committee – any clarification on whether a Member has an interest should be sought before attending the meeting

4. To receive any announcements from the Chairman of the Committee or the Chief Executive

5. To consider the following reports and to take such action thereon as may be necessary:

Development Manager (a) Appeals

Horsham District Council, Park North, Horsham, West Sussex RH12 1RL Tel: 01403 215100 (calls may be recorded) www.horsham.gov.uk Chief Executive - Tom Crowley

(b) Applications for determination by Committee

Item Ward Reference Site No. Number

A1 Pulborough and DC/13/0683 Bartram House, Station Road, Pulborough Coldwaltham

A2 Pulborough and DC/13/0764 Bartram House, Station Road, Pulborough Coldwaltham

A3 Cowfold,Shermanbury DC/13/2445 Delspride, Kent Street, Cowfold and West Grinstead

A4 Bramber, Upper DC/14/1496 Noordwyjk, Pound Lane, Upper Beeding Beeding and Woodmancote

A5 Chantry DC/14/1422 Rockwood House, Rock Road, Storrington

A6 Chanctonbury DC/14/1054 Burrows, Birch Tree Lane, West Chiltington

A7 Chantry SDNP/14/03439/FUL RSPB Wiggonholt, Pulborough

A8 Cowfold,Shermanbury DC/14/1361 Oaklands, Honeybridge Lane, Dial Post and West Grinstead

6. Items not on the agenda which the Chairman of the meeting is of the opinion should be considered as urgent because of the special circumstances

DCS140916

DEVELOPMENT CONTROL (SOUTH) COMMITTEE 16th September 2014

Present: Councillors: David Jenkins (Chairman), Sheila Matthews (Vice- Chairman), Adam Breacher, Jonathan Chowen, Roger Clarke, George Cockman, David Coldwell, Brian Donnelly, Jim Goddard, Liz Kitchen, Roger Paterson, Kate Rowbottom, Jim Sanson, Diana Van Der Klugt, Claire Vickers

Apologies: Councillors: Roger Arthur, Philip Circus, Ray Dawe, Gordon Lindsay, Brian O’Connell, Sue Rogers

DCS/32 MINUTES

The minutes of the meeting of the Committee held on 19th August 2014 were approved as a correct record and signed by the Chairman.

DCS/33 INTERESTS OF MEMBERS

There were no declarations of interest.

DCS/34 ANNOUNCEMENTS

There were no announcements.

DCS/35 APPEALS

Appeals Lodged Written Representations/Household Appeals Service

Ref No Site Officer Committee Recommendation Resolution DC/14/0727 Box House, 75 High Street, Refuse Delegated Steyning DC/14/0728 Box House, 75 High Street, Refuse Delegated Steyning DC/14/0311 28 Thornden, Cowfold Refuse Delegated

Appeal Decisions

Ref No Site Officer Committee Decision Recommendation Resolution DC/13/1614 The Roundabout Hotel, Refuse Delegated Dismissed Monkmead Lane, West Chiltington DC/13/2123 Upper Buncton Refuse Delegated Allowed House, Spithandle Lane, Wiston

Development Control (South) Committee 16th September 2014

DCS/36 PLANNING APPLICATION: DC/14/1209 – DEMOLITION OF EXISTING DWELLING AT 23 KITHURST PARK AND CONSTRUCTION OF A REPLACEMENT DWELLING AS PREVIOUSLY APPROVED UNDER DC/11/2124 TOGETHER WITH AMENDED LANDSCAPE WORKS SITE: TREVELLAN, KITHURST PARK, STORRINGTON APPLICANT: MRS B HODGSON

The Development Manager reported that this application sought permission for the construction of a replacement dwelling, new access and associated landscaping works. The existing dwelling was 12.5 metres by a maximum of 11.9 metres, plus an attached garage measuring 6.7 metres by 9.5 metres, and a ridge height of 7.8 metres. The replacement dwelling would be 18.4 metres by 8.8 metres, plus a rear conservatory measuring 3.4 metres by 4 metres, and a ridge height of 7.8 metres.

Permission had been originally granted for a replacement dwelling under reference DC/11/2124 for a building of the same size and design positioned slightly further to the south west. DC/11/2124 had also granted permission for the driveway to the dwelling to be re-positioned to the north of the front boundary with the existing access replanted with new hedging to match. The current scheme also sought an access drive to the northern boundary providing access to the rear of the site.

The original plot for Trevellan would be broken up to form a triangular plot for the replacement dwelling and its garden, measuring 25 metres in depth by approximately 42.4 metres (larger than the plot size of DC/11/2124). The remainder of the original garden area was subject to a separate planning application for two dwellings (DC/14/1213) which was considered by the Committee at the current meeting.

The application site was located within the built up area of Storrington on the southern side of Kithurst Park, which included detached mainly single or one and a half storey bungalows on large mature plots. The large detached house, Trevellan, had a rear garden in excess of 100 metres by 37 metres. The southern boundary adjoined the South Downs National Park (SDNP) with open views to the Downs. There was a small group of cottages to the southwest which extended outside the built up area into open farm land. The site was fairly open although new planting had been undertaken to the southern boundary. A public footpath ran along the northern edge of Trevellan’s existing garden.

The National Planning Policy Framework 2012 Sections 6 and 7; National Planning Policy Guidance 2014; Local Development Framework Core Strategy Policies CP1 and CP3; Local Development Framework General Development Control Policies DC9 and DC40; the Horsham District Planning Framework proposed submission; the South Downs Management Plan 2008-13 and the South Downs Planning Guidelines 2008 were relevant to the determination of this application.

Development Control (South) Committee 16th September 2014

DCS/36 Planning Application: DC/14/1209 (Cont)

Relevant planning history included:

DC/14/1213 The construction of two detached Under dwellings and associated landscape works consideration on land to the west 23 Kithurst Park DC/13/0906 the construction of three x 3 bedroom Refused dwellings DC/11/2124 Demolition of existing dwelling at 23 Granted Kithurst Park and construction of a replacement dwelling and associated landscaping works DC/11/1388 Demolition of the existing dwelling at 23 Refused Kithurst Park and construction of a replacement dwelling and associated landscaping works DC/11/1387 The construction of 4 No. dwellings and Refused associated landscaping works on land to Appeal the west of Trevellan, 23 Kithurst Park dismissed

The responses from the Highway Agency and Southern Water, as contained within the report, were considered by the Committee. The Parish Council raised no objection to the application. Eleven letters of objection had been received. One member of the public spoke in objection to the application and one member of the public addressed the Committee in support of the proposal.

The main issues in the determination of this application were considered to be the principle of the development, the effect of the development on the amenity of nearby occupiers and the impact on the adjoining SDNP. The principle had been established when permission DC/11/2124 had been granted.

Whilst Members considered the differences between this and the current application to be insignificant, some concerns regarding the proposed access were raised. Members concluded that the proposed access would be acceptable and noted that the Highway Authority had raised no objection to the scheme.

The impact of the replacement dwelling on the surrounding area was not considered to be any greater than that of the existing building and Members concluded that the proposal would not have a material impact on the character of the SDNP.

Development Control (South) Committee 16th September 2014

DCS/36 Planning Application: DC/14/1209 (Cont)

RESOLVED

That planning application DC/14/1209 be granted subject to the following conditions:

01 The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

02 No development shall be commenced unless and until a schedule of materials and samples of such materials and finishes and colours to be used for external walls and roofs of the proposed buildings(s) have been submitted to and approved by the Local Planning Authority in writing and all materials used shall conform to those approved.

03 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or Orders amending or revoking and re- enacting the same, no windows or other openings (other than those shown on the plans hereby approved) shall be formed in the development without the prior permission of the Local Planning Authority pursuant to an application for the purpose.

04 No development shall take place until details of screen walls and/or fences have been submitted to and approved in writing by the Local Planning Authority and no dwellings/buildings shall be occupied until such screen walls and/or fences associated with them have been erected. Thereafter the screen walls and/or fences shall be retained as approved and maintained in accordance with the approved details.

05 No works or development shall take place unless and until full details of all hard and soft landscaping works have been submitted to and approved in writing by the Local Planning Authority. All such works as may be approved shall then be fully implemented in the first planting season, following commencement of the development hereby permitted and completed strictly in accordance with the approved details. Any plants or species which within a period of 5 years from the time of planting die, are removed, or become seriously damaged or

Development Control (South) Committee 16th September 2014

DCS/36 Planning Application: DC/14/1209 (Cont)

diseased shall be replaced in the next planting season with others of similar size and species, unless otherwise agreed in writing by the Local Planning Authority.

06 No work for the implementation of the development hereby permitted shall be undertaken on the site except between the hours of 08.00 and 18.00 on Mondays to Fridays inclusive and 08.00 hours and 13.00 hours on Saturdays, and no work shall be undertaken on Sundays, Bank and Public Holidays unless otherwise agreed in writing by the Local Planning Authority.

07 No burning of materials in connection with the development shall take place on the site.

08 Before development commences, details of the provision of facilities for the parking of cycles shall be submitted to and approved by the Local Planning Authority and the facilities so provided shall be thereafter retained solely for that purpose.

09 Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any order amending or revoking and re-enacting that Order with or without modification) no development falling within Classes A, B, C, D, E of Part 1 of Schedule 2 to the order shall be erected constructed or placed within the curtilage of the dwelling hereby permitted so as to enlarge improve or otherwise alter the appearance or setting of the dwelling(s) unless permission is granted by the Local Planning Authority pursuant to an application for the purpose.

10 No work shall be carried out on site with the exception of the construction of the site access and construction parking areas, until there is available within the site provision for an appropriate level of parking having regard to the nature of the site, together with suitable provision for the loading and unloading of vehicles and the storage of materials and equipment associated with the building works; all in accordance with precise details to be approved by the Local Planning Authority in writing before development commences. The approved facilities

Development Control (South) Committee 16th September 2014

DCS/36 Planning Application: DC/14/1209 (Cont)

shall be retained and available for use throughout the period of work required to implement the development hereby permitted unless alternative details are agreed in writing by the Local Planning Authority.

11 Before development commences detailed cross sections from east to west and north to south through the site showing the finished floor levels of the dwelling in relation to the existing levels within the site shall be submitted to and approved in writing by the Local Planning Authority.

12 Prior to the commencement of development which may affect bats or their breeding sites or resting places, a detailed mitigation strategy shall be submitted to and approved in writing by the Local Planning Authority. All works shall then proceed in accordance with the approved strategy with any amendments agreed in writing.

13 The building hereby permitted shall not be occupied until all access(es) to the site other than that hereby approved shall have been stopped up permanently and obliterated in accordance with details to be first submitted to and approved by the Local Planning Authority in writing.

14 No development shall take place until the access(es) from the site to the public highway have been designed, laid out and constructed in all respects in accordance with plans submitted to and approved in writing by the Local Planning Authority.

15 The dwelling(s) shall achieve a Code Level 3 in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (or such national measures of sustainability for house design that replaces that scheme). No dwelling(s) shall be occupied until a Final Code Certificate has been issued for it certifying that Code Level 3 has been achieved.

Development Control (South) Committee 16th September 2014

DCS/36 Planning Application: DC/14/1209 (Cont)

REASON

The proposed replacement dwelling would not have an adverse impact on the character of the area, the amenities of adjoining properties and therefore the proposal would comply with the policies within the NPPF, and Policy CP1 of the Horsham District Local Development Framework – Core Strategy (2007), and Policy DC9, and DC40 of the Horsham District Local Development Framework – General Development Control Policies (2007).

DCS/37 PLANNING APPLICATION: DC/14/1213 – CONSTRUCTION OF 2 NO. DWELLINGS AND ASSOCIATED LANDSCAPE WORKS ON LAND TO THE WEST OF 23 KITHURST PARK, STORRINGTON SITE: TREVELLAN, KITHURST PARK, STORRINGTON APPLICANT: ROSECROFT ESTATES

The Development Manager reported that this application sought planning permission for two dwellings with associated landscaping on land west of Trevellan, 23 Kithurst Park.

The application site, which was within the curtilage of Trevellan, would be divided into two plots. The dwelling on plot 1 would be a 3-bedroom single storey property of L shape design. The dwelling on plot 2 would be a 3- bedroom chalet style property and include a detached double garage. Materials used would include handmade clay roof tiles, brick and natural sand stone.

A new vehicular access via Kithurst Park was proposed which would require the demolition of Trevellan. The remainder of the curtilage of Trevellan was subject to an application for a replacement house (DC/14/1209), which was considered at the current meeting.

The application site was located within the built up area of Storrington on the southern side of Kithurst Park, which included detached mainly single or one and a half storey bungalows on large mature plots. The large detached house, Trevellan, had a rear garden in excess of 100 metres by 37 metres. The southern boundary adjoined the SDNP with open views to the Downs. There was a small group of cottages to the southwest which extended outside the built up area into open farm land. The site was fairly open although new planting has been undertaken to the southern boundary. A public footpath ran along the northern edge of Trevellan’s existing garden.

Development Control (South) Committee 16th September 2014

DCS/37 Planning Application: DC/14/1213 (Cont)

Development Control Policies DC9 and DC40; the Horsham District Planning Framework proposed submission; the South Downs Management Plan 2008-13 and the South Downs Planning Guidelines 2008 were relevant to the determination of this application.

Relevant recent planning history included:

DC/14/1209 The demolition of the existing dwelling at Under 23 Kithurst Park and construction of a Consideration replacement dwelling as previously approved under DC/11/2124 together with amended landscape works DC/13/0906 The construction of three x 3 bedroom Refused dwellings DC/11/2124 The demolition of existing dwelling at 23 Granted Kithurst Park and construction of a replacement dwelling and associated landscaping works DC/11/1388 the demolition of the existing dwelling at Refused 23 Kithurst Park and construction of a replacement dwelling and associated landscaping works DC/11/1387 The construction of 4 No. dwellings and Refused associated landscaping works on land to Appeal the west of Trevellan, 23 Kithurst Park dismissed

The responses from statutory internal and external consultees, as contained within the report, were considered by the Committee. The SDNP Authority had commented that the amended plans had partially addressed many of their concerns regarding the scheme. Whilst it would be difficult for them to maintain an objection to the amended proposal, their concerns regarding the siting and layout of the dwellings in relation to the park boundary and the setting thereof remained. The SDNP Authority therefore remained concerned regarding the identified issue of maintaining a transition from open countryside to urban form.

The Parish Council objected to the application. Twelve letters of objection had been received in response to the original plans, and five further letters of objection had been received in response to the amended plans. An additional letter of comment had been received requesting clarification regarding the committee report and a minor amendment to Condition 17 to clarify its meaning. Two members of the public spoke in objection to the application and one member of the public addressed the Committee in support of the proposal.

Development Control (South) Committee 16th September 2014

DCS/37 Planning Application: DC/14/1213 (Cont)

The application had been submitted following an earlier refusal for three dwellings (DC/13/0906). Members had considered that the proposal was unacceptable as it would result in overdevelopment of the site which would detract from the character of the surrounding area including the adjacent South Downs National Park (Minute No. DCS/41 (20.08.13). Members also noted the appeal decision to DC/11/1387, which had been for the construction of four new dwellings. Members considered that the appeal decision was a material consideration in the determination of the present application.

Members considered the principle of development within the Category 1 settlement of Storrington, given the sensitive location adjacent to the SDNP. The number of dwellings had been reduced from three to two and Members noted the buildings were single storey and would be in plots of comparable size to those of neighbouring properties.

Members considered whether the proposal would appear out of keeping with the immediate vicinity and detract from the character of the surrounding area, in particular with regard to the transition from the built-up area to the countryside. Whilst concerns regarding the effectiveness of using additional planting as a permanent mitigation measure were raised, Members concluded that, on balance, the conditions regarding hard and soft landscaping and regarding the retention of existing vegetation were adequate.

The new access arrangements were discussed and Members noted that relatively few traffic movements would be generated by the proposal and concluded that, on balance, the access arrangements were acceptable.

After careful consideration Members concluded that, on balance, the current scheme had overcome the fundamental concerns regarding DC/11/1387 and DC/13/0906 and the proposal would be in keeping with neighbouring dwellings and would not have a significant detrimental impact on the character of the SDNP.

RESOLVED

That planning application DC/14/1213 be granted subject to the following conditions:

01 The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

02 No development shall be commenced unless and until a schedule of materials and samples of such materials and finishes and colours to be used for

Development Control (South) Committee 16th September 2014

DCS/37 Planning Application: DC/14/1213 (Cont)

external walls and roofs of the proposed buildings(s) have been submitted to and approved by the Local Planning Authority in writing and all materials used shall conform to those approved.

Development Control (South) Committee 16th September 2014

DCS/37 Planning Application: DC/14/1213 (Cont)

undertaken on Sundays, Bank and Public Holidays unless otherwise agreed in writing by the Local Planning Authority.

07 No burning of materials in connection with the development shall take place on the site.

09 Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any order amending or revoking and re-enacting that Order with or without modification) no development falling within Classes A, B, C, D, E of Part 1 of Schedule 2 to the order shall be erected constructed or placed within the curtilage of the dwellings hereby permitted so as to enlarge improve or otherwise alter the appearance or setting of the dwelling(s) unless permission is granted by the Local Planning Authority pursuant to an application for the purpose.

10 No development shall take place, including any works of demolition, until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. Thereafter the approved Plan shall be implemented and adhered to throughout the entire construction period. The Plan shall provide details as appropriate but not necessarily be restricted to the following matters,

- the anticipated number, frequency and types of vehicles used during construction, - the method of access and routing of vehicles during construction, - the parking of vehicles by site operatives and visitors, - the loading and unloading of plant, materials and waste, - the storage of plant and materials used in construction of the development,

Development Control (South) Committee 16th September 2014

- the erection and maintenance of security hoarding, - the provision of wheel washing facilities and other works required to mitigate the impact of construction upon the public highway (including the provision of temporary Traffic Regulation Orders), - measures to control the emission of dust and dirt during demolition and construction, lighting for construction and security, - details of public engagement both prior to and during construction works.

11 Before development commences detailed cross sections from east to west and north to south through the site showing the finished floor levels of the dwellings in relation to the existing levels within the site shall be submitted to and approved in writing by the Local Planning Authority.

13 The buildings hereby permitted shall not be occupied until all access(es) to the site other than that hereby approved shall have been stopped up permanently and obliterated in accordance with details to be first submitted to and approved by the Local Planning Authority in writing.

14 No part of the development shall be occupied until the vehicle parking and turning spaces have been provided in accordance with plans to be submitted to and approved in writing by the Local Planning Authority. The proposed parking and turning areas shall thereafter be constructed in accordance with the approved plans and maintained as part of the development for their designated use.

15 No development, including works of any description, including demolition pursuant to the permission granted, ground clearance, or bringing equipment, machinery or materials onto the site, shall take place

Development Control (South) Committee 16th September 2014

DCS/37 Planning Application: DC/14/1213 (Cont)

until the following preliminaries have been completed in the sequence set out below:

· All required arboricultural works, including permitted tree felling and surgery operations and above ground vegetative clearance within such areas set out for development as indicated on the approved site layout drawing to be completed and cleared away;

· All trees on the site targeted for retention, as well as those off-site whose root protection areas ingress into the site, shall be fully protected by tree protective fencing affixed to the ground in full accordance with section 6 of BS 5837 'Trees in Relation to Design, Demolition and Construction - Recommendations' (2012). Once installed, the fencing shall be maintained during the course of the development works and until all machinery and surplus materials have been removed from the site. Areas so fenced off shall be treated as zones of prohibited access, and shall not be used for the storage of materials, equipment or machinery in any circumstances. No mixing of cement, concrete, or use of other materials or substances shall take place within any tree protective zone, or close enough to such a zone that seepage or displacement of those materials and substances could cause them to enter a zone. No alterations or variations to the approved tree works or tree protection schemes shall be carried out without the prior written approval of the Local Planning Authority.

16 No trees, hedges or shrubs on the site, other than those the Local Planning Authority has agreed to be felled as part of this permission, shall be wilfully damaged or uprooted, felled/removed, topped or lopped without the previous written consent of the Local Planning Authority until 5 years after completion of the development hereby permitted. Any trees, hedges or shrubs on the site, whether within the tree protective areas or not, which die or become damaged during the construction process

Development Control (South) Committee 16th September 2014

DCS/37 Planning Application: DC/14/1213 (Cont)

shall be replaced with trees, hedging plants or shrubs of a type, size and in positions agreed by the Local Planning Authority.

17 Construction of the development hereby approved shall not commence until details of the proposed means of foul and surface water sewerage disposal have been submitted to, and approved in writing by the Local Planning Authority in consultation with Southern Water. The agreed works shall thereafter be maintained as part of the development

18 The dwelling(s) shall achieve a Code Level 3 in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (or such national measures of sustainability for house design that replaces that scheme). No dwelling(s) shall be occupied until a Final Code Certificate has been issued for it certifying that Code Level 3 has been achieved.

REASON

01 The development proposals are located within the Built Up Area Boundary of Storrington a Category 1 settlement as defined in the Horsham District Local Development Framework Proposals Map (2007).

02 The proposed development would not have a material adverse impact on the character of the area or the amenities of neighbouring properties.

DCS/38 PLANNING APPLICATION: DC/14/0893 – MINOR MATERIAL AMENDMENT TO APPLICATION DC/13/0831 FOR THE PROPOSED ROOF ALTERATIONS TO INCLUDE THE INSERTION OF SIDE DORMERS. THE AMENDMENT INVOLVES, ALTERATIONS TO FRONT ELEVATION, REGULARISATION OF INCREASED DORMER SIZES, THE USE OF WEATHERBOARD TO FRONT ELEVATION, AND INSERTION OF FLUE AND THE REPLACEMENT OF A JULIETTE BALCONY WITH A WINDOW SITE: FRANCIS LODGE, HYDE STREET, UPPER BEEDING APPLICANT: MR AND MRS WRIGHT

The Development Manager reported that this application sought to regularise the works that had been carried out under the approved scheme, DC/13/0831, which had allowed for alterations to the bungalow to create first floor accommodation (Minute No. DCS/55 (17.09.13) refers). On taking

Development Control (South) Committee 16th September 2014

DCS/38 Planning Application: DC/14/0893 (Cont)

accurate measurements, it had become apparent that the permitted plans did not accord with the work that had been carried out. Amended plans had therefore been requested.

The application had been considered by the Committee in August 2014 when it had been agreed to defer the determination of the proposal to allow for clarification of the number of objectors and to provide further information regarding the impact of the development on the wider streetscene, including the impact of the increase in ridge height.

The application site was located within the built-up area of Upper Beeding to the west side of Hyde Street opposite a small park. The dwelling was adjacent to the north boundary with a surfaced driveway along the southern side of the site. There was a bungalow to the north of the site, and a two storey house to the south with a single storey side extension adjacent to the boundary of the application site. Other properties were approximately 50 metres from the rear of Francis Lodge.

Members were referred to the previous report which contained details of relevant policies, planning history, the outcome of consultations and a planning assessment of the proposal. The applicant addressed the committee in support of the application.

There had been a total of 12 letters of objection received from six different households. The applicant addressed the Committee in support of the proposal.

Members considered the impact of the building on the character of the area and on the amenities of nearby residents.

Members considered the additional photographs which showed the relationship between the application site and neighbouring properties and considered whether the proposal had an overbearing impact or appeared as an incongruous feature within the streetscene. It was noted that the difference in the dimensions of the dormer windows compared with the submitted plans were de minimis.

Members concluded that the proposal did not have an overbearing or detrimental impact on the streetscene and that the variations from the approved plans were not materially significant enough to warrant refusal.

RESOLVED

That planning application DC/14/0893 be granted subject to the following conditions:

Development Control (South) Committee 16th September 2014

DCS/38 Planning Application: DC/14/0893 (Cont)

01 The development hereby permitted shall be carried out in accordance with the approved plans listed in the schedule below.

Location Plan – Received 12.05.2014 Block Plan – Received 12.05.2014 Floor Plans and Elevations – Received 29.07.2014

02 No work for the implementation of the development hereby permitted shall be undertaken on the site except between the hours of 08.00 and 18.00 on Mondays to Fridays inclusive and 08.00 hours and 13.00 hours on Saturdays, and no work shall be undertaken on Sundays, Bank and Public Holidays unless otherwise agreed in writing by the Local Planning Authority.

03 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or Orders amending or revoking and re- enacting the same, no windows or other openings (other than those shown on the plans hereby approved) shall be formed in the side elevations of the development without the prior permission of the Local Planning Authority pursuant to an application for the purpose.

04 The lower window(s) in the first floor of the south elevation of the building shall at all times be glazed with obscured glass The approved glass and any agreed opening details shall be retained and maintained at all times.

05 Samples of finishing materials of the yet to be completed external walls and roofs of the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority prior to be used on the property.

Development Control (South) Committee 16th September 2014

DCS/39 PLANNING APPLICATION: DC/14/1167 – VARIATION OF CONDITIONS 2, 4, AND 21 OF PLANNING PERMISSION DC/13/1346 GRANTED ON THE 26.03.2014 TO ALLOW SUBMISSION OF MATERIAL DETAILS, FINISHED FLOOR LEVELS AND TRAVEL PLAN STATEMENT AFTER DEMOLITION/ENABLING WORKS BUT PRIOR TO ANY OTHER DEVELOPMENT AND VARIATION TO CONDITION A TO DELETE SUPERCEDED AND INCORRECTLY REFERENCED PLANS ON THE DECISION NOTICE SITE: LAMINA DIELECTRICS, STATION WORKS, MYRTLE LANE, BILLINGSHURST APPLICANT: THAKEHAM HOMES

The Development Manager reported that this application sought to vary Conditions 2, 4 and 21 of planning permission DC/13/1346 (for the redevelopment of the site to provide a mixed-use development comprising 12 dwellings and a B1a commercial unit, together with associated car parking, amenity space, access and landscaping).

The proposal would bring the conditions into line with the Decision Notice. The variation to Condition 21 would allow site demolition and enabling works to take place prior to the fulfilment of the requirement to provide a Travel Plan Statement. Changes to conditions 2 and 4 were also required to remove inconsistencies in the Decision Notice and clarify that the approval of scheduled materials (Condition 2) and details and finished floor levels (Condition 4) would be not be required prior to demolition and enabling works, but prior to development (excluding demolition and enabling works).

The application site was located within the built-up area of Billingshurst at the western end of Myrtle Lane. It was outside any employment protection zone. The disused commercial building was in the northern part of the site. The railway line ran to the south of the site, where there was also a sub- station. The grounds of Billingshurst Leisure Centre and a footpath were to the west, and a Sports Ground to the north. A newly built residential development and an MOT Centre were east of the site. A Public Footpath ran through the site from east to west and linked to a footpath that ran along the western boundary of the site.

The National Planning Policy Framework 2012; Local Development Framework Core Strategy Policies CP1, CP3, CP5, CP12 and CP13; and Local Development Framework General Development Control Policies DC9, DC19 and DC40; and National Planning Policy Guidance were relevant to the determination of this application.

There was planning history relevant to this application.

The Parish Council had not commented the application, and there had been no letters of representation received.

Development Control (South) Committee 16th September 2014

DCS/39 Planning Application: DC/14/1167 (Cont)

The mixed use development would provide future jobs and homes for local residents and support the emphasis on the provision of housing and economic growth within the NPPF. The principle of the development had been established with the granting of permission DC/13/1346 and Members considered whether the rewording of the conditions could result in a development materially different from the one that had been approved.

Members concluded that the proposed variations would remove anomalies within the permission granted and result in a development that was no different to that approved and the proposal was therefore acceptable.

RESOLVED

(i) That an amendment to the legal agreement be entered into.

(ii) That, on completion of the agreement in (i) above, application DC/14/1167 be determined by the Development Manager. The preliminary view of the Committee was that the application should be granted.

DCS/40 PLANNING APPLICATION: SDNP/14/03589/FUL – DEMOLISH EXISTING FARM BUILDINGS AND ERECT NEW LIVESTOCK BUILDINGS SITE: ANNINGTON HILL BARN, BOTOLPHS ROAD, BRAMBER APPLICANT: MR TREVOR PASSMORE

The Development Manager reported that this application sought permission for the demolition of a largely derelict barn complex and its replacement with a single building some 54m long and 28.6m wide with a twin ridge height of 5.88m (1575sq.m).

The structure would be used to store animal fodder for the winter months, and would be clad with grey fibre cement roofing, vertical timber boarding from a height of approximately two metres to the eaves on the south elevation and olive green plastic-coated cladding on the other three elevations. The lower sections would be concrete panels.

Owl nesting boxes would be fixed to the building as part of the Higher Level Stewardship Scheme.

The application site was located on chalk downland and was grazed by cattle and sheep. The farm also supported arable land and had been farmed by the same family since the early 20th Century. Church Farm was two kilometres to the south-east, with an access tract onto Botolphs Road.

Development Control (South) Committee 16th September 2014

DCS/40 Planning Application: SDNP/14/03589/FUL (Cont)

Although the barns are set in an exposed hilltop location, the site was remote in terms of its proximity to public highways and clear public vantage points.

The National Planning Policy Framework 2012; the South Downs Partnership Management Plan; Local Development Framework Core Strategy Policies CP1, CP3 and CP15; and Local Development Framework General Development Control Policies DC1, DC2, DC9 and DC25; and the Horsham District Planning Framework Proposed Submission were relevant to the determination of this application.

There was planning history relevant to this application.

Members noted that the proposal would replace existing essential farm buildings, which had become dilapidated, with a new and fit-for-purpose building with a reduced footprint and overall lower height than the existing buildings.

Members considered that the proposal would not have a detrimental impact on the landscape character of the area, but would enhance the appearance of the site and benefit the farming business.

RESOLVED

That planning application SDNP/14/03589/FUL be granted subject to the following conditions:

01 The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

02 The materials to be used in the development hereby permitted shall strictly accord with those indicated on the approved details associated with the application.

REASON

The proposal accords with local and national policies, in particular DC1, Countryside Protection and Enhancement, and does not conflict with the statutory South Downs National Park designations.

Development Control (South) Committee 16th September 2014

DCS/41 PLANNING APPLICATION: DC/13/1187 – DEVELOPMENT OF 58 DWELLINGS, COMPRISING OF ONE BED FLATS (4NO), TWO BED FLATS (4NO), TWO BED HOUSES (15NO), THREE BED HOUSES (20NO), FOUR BED HOUSES (10NO) FIVE BED HOUSES (5NO) WITH ASSOCIATED PARKING, GARAGING, INFORMAL OPEN SPACE AND PLAY SPACE TOGETHER WITH NEW ATTENUATION BASINS SITE: LAND NORTH OF THE RISE, PARTRIDGE GREEN APPLICANT: RYDON HOMES LTD

The Development Manager reported that this application sought outline planning permission for the erection of 58 dwellings on land to the north of The Rise in Partridge Green. Members were reminded that the application had been considered by the Committee in March 2014 and refused planning permission because the harm would significantly and demonstrably outweigh the benefits of the proposal: the proposal would have a harmful urbanising impact on the character of the site and on the rural setting of Partridge Green; the housing mix would fail to provide an appropriate number of smaller homes; and the proposal would not provide affordable dwellings or infrastructure contributions (DCS/111 (18.03.14) refers).

A planning appeal had been lodged, which would be dealt with as a Public Inquiry scheduled to open on 28th October 2014. During preparation for the appeal, it had been noted that the location of Grade II listed buildings – Beauchamps, the barn north of Beauchamps, and Blanche’s – to the north of the site had not been considered during the determination of the application.

Members were therefore requested to consider the proposed development in terms of the extent to which the development would affect the setting of these listed buildings.

The application site was located east of Littleworth Lane and north of The Rise adjacent to the built-up area of Partridge Green, a category 2 settlement. It comprised a largely open grassed field of approximately 2.3 hectares that sloped gently downwards towards the north from a high point just to the east of the centre of the southern boundary. It was bounded by mature hedgerow and a number of trees along the western boundary and by a line of trees and shrubs along the southern, eastern and northern boundaries. There was an open barn and a number of stable buildings located to the north western corner of the site.

The properties of Beauchamps, The Barn and Blanches House were approximately 75 metres north of the site, and separated by an area of rough grassland and scrub. The properties along The Rise were approximately 12 metres from the edge of the site. There were open fields east and west of the site.

Development Control (South) Committee 16th September 2014

DCS/41 Planning Application: DC/13/1187 (Cont)

The National Planning Policy Framework 2012; Planning Policy Guidance (2014; Local Development Framework Core Strategy Policies CP1 and CP3; Local Development Framework General Development Control Policies DC2, DC9, DC10 and DC13; and the Horsham District Planning Framework proposed submission were relevant to the determination of this application.

There was no relevant planning history in relation to this site.

The response from the Horsham District Council Conservation Specialist, as contained within the report, was considered by the Committee. Members considered the principle of the proposal in the context of National policy regarding the protection of listed buildings and their setting. Members considered the level of harm that the proposal would have on the setting of the listed buildings and whether that harm would be considered less than substantial and whether the public benefits of the scheme would outweigh that level of harm.

The agricultural pasture land to the south of the listed buildings gave a rural and isolated appearance to the setting of the listed buildings. Members were concerned that the proposal would have an urbanising effect on the area which would cause significant and demonstrable harm to the setting of the listed buildings.

RESOLVED

That, had the effect of the development on the setting of the Grade II listed buildings to the north of the site been considered during the determination of the application, the following additional reason for refusal would have been included:

01 The proposed development, by reason of its close proximity, scale, elevated position and by bringing the settlement edge closer and thereby having an urbanising effect on the grade II listed farmstead buildings of Beauchamps, the Barn north of Beauchamps and Blanche’s, would cause unacceptable harm to the heritage assets, and that this harm would not be outweighed by the public benefits resulting from the proposal, contrary to policy DC 13 the General Development Control Policies (2007), policies CP 1 and CP 3 of the Core Strategy (2007), and paragraph 134 of the National Planning Policy Framework.

The meeting closed at 3.28pm having commenced at 2.00pm. CHAIRMAN

Development Control (South) Committee 16th September 2014

DEVELOPMENT CONTROL (SOUTH) COMMITTEE – 21ST OCTOBER 2014 REPORT BY THE DEVELOPMENT MANAGER APPEALS

1. Appeals Lodged

I have received notice from the Department of Communities and Local Government that the following appeals have been lodged:-

2. Written Representations/Householder Appeals Service

Officer Committee Ref No. Site Appeal Recommendation Resolution Grainingfold, Horsham Road, Refuse (Prior DC/14/0711 In Progress Delegated Five Oaks, RH14 Notification) 9AT Cootham Cottage, DC/14/0405 Chapel Lane, In Progress Refuse Delegated Cootham, RH20 4JX Blaxton Down, Blackstone Lane, DC/14/1274 In Progress Refuse Delegated Blackstone, BN5 9TA

3. Appeal Decisions

I have received notice from the Department of Communities and Local Government that the following appeals have been determined:-

Officer Committee Ref No. Site Appeal Recommendation Resolution The Dell, Water DC/14/0151 Lane, Storrington, Allowed Refuse Delegated RH20 3LY Little Brinsbury Farm House, Stall DC/14/0301 House Lane, North Allowed Refuse Delegated Heath, Pulborough, RH20 2HR Hadleigh, Sopers DC/14/0153 Lane, Steyning, Dismissed Refuse Delegated BN44 3PU

ITEM A1 - 1

DEVELOPMENT MANAGEMENT REPORT

TO: Development Management Committee (South) BY: Development Manager DATE: 21st October 2014 Outline permission for the erection of 1 No. 4-bedroom detached house with garage, 2 No. 3-bedroom and 1 No. 2-bedroom terraced houses, DEVELOPMENT: each with garage or parking space, plus 5 additional parking spaces for retained dwelling and office on site, all off communal driveway with access onto Station Road SITE: Bartram House Station Road Pulborough West Sussex WARD: Pulborough and Coldwaltham APPLICATION: DC/13/0683 APPLICANT: Mr David Robinson and Other Trustees

REASON FOR INCLUSION ON THE AGENDA: Number of letters received contrary to recommendation

RECOMMENDATION: To grant planning permission subject to conditions.

1. INTRODUCTION

1.1 This application was first considered by the Area South Development Management Committee on the 15th April 2014, and was deferred so further information regarding the access could be sought from the County Surveyor which has resulted in the provision of amended plans. The previous committee report is appended for Member’s information.

1.2 Since the previous committee report the emerging Horsham District Planning Framework (HDPF) has been approved by the Council (on the 30th April 2014) as the Council’s policy for planning the future of the District for the period 2011-2031. Following a six week period of representations, the plan was submitted to the Government on 8th August 2014 for independent examination under Regulation 22 of the Town and Country Planning (Local Planning) (England) Regulations 2012. A Planning Inspector has commenced the examination of the HDPF. The outcome of the Examination is expected in early 2015 and Adoption of the HDPF by the Council is currently programmed in the Local Development Framework to be April 2015. The emerging plan is therefore a material consideration however it may overall, only be afforded limited weight in the assessment of this planning application.

1.3 Following the previous committee meeting two neighbours have written letters objecting to the application on the grounds of concerns regarding subsidence, the highways access and the process of the application. The Parish Council have also maintained their objection to the scheme with the addition of the following comments;

Contact Officer: Nicola Mason Tel: 01403 215289 ITEM A1 - 2

· Members noted that the access from the west, along Station Road, is not under the control of the developers, but of Mr Palvadeau. · The proposal is to have a lowered part in front of Bartram House, to be able to cross the road, but then pedestrians would have to cross the road again within 30 yards. Members do not think that people would do this. Highways have proposed a paved area instead, this may narrow the road a little, but from a safety point of view this is a better solution.

1.4 As noted in the previous committee report the applicant has submitted a Preliminary Slope Assessment relating to the land stability of the site due to the sloping nature of the ground. The assessment has been considered by the Council’s Building Control Officer and it has not identified any likelihood of springs in the area of the proposed development. However, prior to submitting a Building Regulations Application a full, intrusive site investigation would be required to allow Engineers to design the most suitable foundations for the situation. Therefore any issues with the slope of the ground (including potential springs) would be identified and would be covered under the Building Regulations legislation. It was also noted by the Councils Building Control Officer that there appeared to be no reason why a viable foundation scheme could not be designed for the site. It is therefore considered that a refusal of the application on land stability grounds could not be maintained in this instance.

ASSESSMENT

1.5 With regards to the concerns raised by members relating to highways matters Paragraph 32 of the NPPF states that ‘development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe.’ Policy DC40 of the General Development Control Policies also states that;

“Development will be permitted if: a. it provides a safe and adequate means of access”

The County Surveyor was reconsulted regarding the application in April 2014, and the proposed improvements to Station Road. The County Surveyor in his response commented that the proposed pedestrian crossing at the entrance to Pulborough Station would not have any impact on the application site, other than potentially continuing the narrowing of the carriageway further west and past the railway bridge itself. However, following a further site visit in May 2014 the County Surveyor then raised an objection to the proposal on the following ground’s; · The narrowing of the carriageway to accommodate the access arrangements would add to the hazards of the highway user to an unacceptable degree and have a detrimental impact on pedestrian safety, contrary to paragraph 32 of the National Planning Policy Framework and Strategy 4 of the WSCC Local Transport Plan 3 2011-2026

· The development fails to make safe and suitable provision for pedestrians, nor encourages the uptake of sustainable modes of transport, contrary to paragraph 32 of the National Planning Policy Framework and Strategies 2 and 4 of the WSCC Local Transport Plan 3 2011-2026.

1.6 The applicant has considered the comments made by the County Surveyor and subsequently in July 2014 amended access plans were received to overcome the concerns raised. These plans have been considered by the County Surveyor who has made the following points in raising no objection to the scheme; “in summary, while it is acknowledged that the visibility from the access is substandard the proposal retains the ITEM A1 - 3

existing visibility splays. The proposed residential development would not result in a material intensification in the use of the access. The proposed arrangements incorporate the widening of the site access and the enhancement of pedestrian facilities.” On balance the Local Highways Authority consider the proposed access arrangement to be an improvement of the existing site access. In accordance with paragraph 32 of the National Planning Policy Framework 2012 (NPPF), development should only be “…prevented or refused on transport grounds where the residual cumulative impacts of development are severe.’ In this instance the Local Highways Authority do not consider there to be sufficient grounds to demonstrate that the proposed development will have a severe impact on the operation of the network.” A copy of the County Surveyors full report is attached to the report for member’s information. It is therefore considered that the proposal would have an adequate means of access and would meet the requirements set out in policy DC40a above.

1.7 The Highways Authority has indicated that it would be difficult to resist the current proposal, and Paragraph 32 of the NPPF does state as noted above that ‘development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe.’ In this respect, the County Surveyor is of the opinion that the proposed development would not lead to impacts upon the highway that could be considered severe. It is therefore considered taking into consideration the view of the County Surveyor that an objection on highway grounds could not be sustained at appeal and consequently the recommendation for approval should remain.

2. RECOMMENDATIONS

2.1 It is therefore recommended that the application be approved subject to the conditions and reasons set out in the previous committee report with an amendment to condition 7 and the addition of a further condition;

7. No development shall commence until the vehicular access improvement serving the proposed dwellings has been constructed in accordance with the details shown on drawing number 2013/1788/001 Rev K. Reason as per H1

15. No development shall commence until such time as revised plans and details incorporating the recommendations given in the Stage 1 Road Safety Audit and accepted in the Designers Response have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highways Authority. Reason: In the interests of road safety.

Background Papers: DC/13/0683, and DC/13/0764

ITEM A1 - 4

APPENDIX A/ 8 - 1

DEVELOPMENT MANAGEMENT REPORT

TO: Development Management Committee South BY: Head of Planning and Environmental Services DATE: 15th April 2014 Outline permission for the erection of 1 No. 4-bedroom detached house with garage, 2 No. 3-bedroom and 1 No. 2-bedroom terraced houses, DEVELOPMENT: each with garage or parking space, plus 5 additional parking spaces for retained dwelling and office on site, all off communal driveway with access onto Station Road SITE: Bartram House Station Road Pulborough West Sussex WARD: Pulborough and Coldwaltham APPLICATION: DC/13/0683 APPLICANT: Mr David Robinson and Other Trustees

REASON FOR INCLUSION ON THE AGENDA: Number of letters received contrary to recommendation

RECOMMENDATION: To grant planning permission subject to the completion of a satisfactory legal agreement securing contributions towards community and transport infrastructure.

1. THE PURPOSE OF THIS REPORT

To consider the planning application.

DESCRIPTION OF THE APPLICATION

1.2 This application seeks outline planning permission for the erection of 1 x 4-bedroom detached house, 2 x 3-bedroom and 1 x 2-bedroom terraced houses, each with a garage and/or parking space plus 5 additional parking spaces for retained dwelling and office on the site. The application has been submitted in outline form with the principle of development and access only to be considered at this time.

1.3 The proposed access to the development would utilise the existing driveway which is to the west of the site. The proposed access would bring the entrance further towards the carriageway and the retaining wall and footpath fronting Station Road would be extended to increase visibility to the east of the access.

DESCRIPTION OF THE SITE

Contact Officer: Nicola Mason Tel: 01403 215289 APPENDIX A/ 8 - 2

1.4 The application site is located within the built up area boundary of Pulborough which is classified as a Category 1 settlement within the Horsham District Local Development Framework Proposals Map. Bartram House is located on the northern side of Station Road. It is a distinctive two storey bay fronted building located at a higher level than the road. To the front of the site is a brick retaining wall, with a layby towards its eastern edge. To the west of the site is an access drive to a parking area to the rear and to allow access to the residential property known as Lordings to the rear of the site. The land slopes steeply up from the road with the parking area to the rear of Bartram House at a higher level than Bartram House. On the western boundary of the site is a vegetated and wooded bank with properties within the Lyntons abutting the north western boundary and the property Brookview on the south-western part of the boundary. To the east of the site is Natwest Bank. To the south of the site is a small group of shops, including an electrical, shop, hairdressers, takeaway and betting shop.

2. INTRODUCTION

STATUTORY BACKGROUND

2.1 The Town and Country Planning Act 1990.

RELEVANT GOVERNMENT POLICY

2.2 National planning policies are embodied in the National Planning Policy Framework which came into effect in March 2012. This replaces Planning Policy Guidance Notes and Planning Policy Statements.

2.3 Paragraph 9 states “Pursuing sustainable development involves seeking positive improvements in the quality of the built, natural and historic environment, as well as in people’s quality of life, including (but not limited to):

· Making it easier for jobs to be created in cities, towns and villages; · Moving from a net loss of bio-diversity to achieving net gains for nature; · Replacing poor design with better design; · Improving the conditions in which people live, work, travel and take leisure; and · Widening the choice of high quality homes.”

2.4 Paragraph 56 states “The Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development, is indivisible from good planning and should contribute positively to making places better for people.”

2.5 Paragraph 57 states “It is important to plan positively for the achievement of high quality and inclusive design for all development, including individual buildings, public and private spaces and wider area development schemes.”

RELEVANT COUNCIL POLICY

2.6 The following policies of the Local Development Framework Core Strategy (adopted February 2007) are relevant in the assessment of this application: CP1 – Landscape and Townscape Character, CP3 – Improving the quality of new development, CP4 (Housing Provision) CP5 – Built up areas and previously developed land, CP12 – Meeting Housing Needs & CP13 – Infrastructure Requirements.

2.7 The following policies of the Local Development Framework, General Development Control Policies Document (December 2007) are relevant in the assessment of this application: APPENDIX A/ 8 - 3

DC9 – Development principles, DC18 Smaller Homes\ Housing Mix, DC19 – Employment Site/Land Protection, and DC40 – Transport & Access.

2.8 The Horsham District Planning Framework (HDPF) Preferred Strategy was approved by Council for consultation on 25th July 2013. The consultation period ran from 16th August to 11th October 2013. The planning application was considered after the consultation period and the Preferred Strategy is therefore a material consideration in the assessment of this planning application.

PLANNING HISTORY

DC/13/0764 Outline permission for the erection of 1 No. 4-bedroom Pending detached house with garage, 2 No. 3-bedroom and 1 No. 2- Consideration bedroom terraced houses, each with garage or parking space, plus 5 additional parking spaces for retained dwelling and office on site, all off communal driveway with access onto Station Road (Outline Permission with some Matters Reserved)

DC/13/0765 Change of use and conversion of Bartram House to provide 4 x Pending 2-bedroom flats and 1 x 2-bedroom maisonette, each with one Consideration parking space plus one additional space for Springfield

3. OUTCOME OF CONSULTATIONS

Where consultation responses have been summarised, it should be noted that Officers have had consideration of the full comments received, which are available to view on the public file at www.horsham.gov.uk

INTERNAL CONSULTATIONS

3.1 Building Control (summarised) - Based on the site investigation there is no reason why this site could not have a viable foundation design proposed.

OUTSIDE AGENCIES

3.2 WSCC Highways (summarised) – no objection subject to conditions as the proposed use would generate fewer movements than could be generated through the existing use of the site and the proposed improvements to be made to the access as part of the application would make the application difficult to resist.

3.3 WSCC Archaeology (summarised) – No objection on archaeological grounds. No archaeological assessment or mitigation measures required.

3.4 Southern Water (summarised) – The applicant would need to make a formal application for connection to the public foul sewer to Southern Water. If the application were to be approved an informative relating to the public foul sewer should be attached to the consent.

PUBLIC CONSULTATIONS

3.5 Pulborough Parish Council (summarised) has objected to the application on the following grounds; · Over intensification of the site · Loss of amenity to neighbours to the site APPENDIX A/ 8 - 4

· Insufficient parking for the proposed number of houses, flats and offices · The applications provide insufficient parking to comply with current planning regulations and insufficient space is provided over the whole area for vehicles to turn safely. · Impact on the A283 · There is an ongoing consultation between WSCC and Pulborough residents and HDC concerning traffic along, and going on to the A283. We are awaiting the results of this consultation and in our view it would be most unwise to permit any additional access to the A283 until the outcome of this consultation is known. · Reports of a history of both groundwater springs and ground movement/subsidence · The land slopes steeply to the West towards Lyntons and the bank going down in this direction is fragile and is most probably only held together by the trees and bushes at the top of the bank. The Parish therefore objects to any proposal to remove this vegetation. · The applicants have failed in any of their plans to show that the land does slope steeply both from North to South and also to the West.

3.6 Forty Two letters has been received objecting to the application from 10 individuals on the following grounds; · further narrowing of the road would be dangerous for road users and pedestrians · highway access not safe · visibility splays fail to meet standards of Manual for Streets · Plans incorrect · Pedestrian access to site insufficient · No improvement to highways access · The access and exit is dangerous · site is on a steep incline · there is a history of subsidence on the site and any further development would risk further subsidence · impact on neighbours privacy.

4. HOW THE PROPOSED COURSE OF ACTION WILL PROMOTE HUMAN RIGHTS

4.1 Article 8 (Right to respect of a Private and Family Life) and Article 1 of the First Protocol (Protection of Property) of the Human Rights Act 1998 are relevant to this application, Consideration of Human rights forms part of the planning assessment below.

5. HOW THE PROPOSAL WILL HELP TO REDUCE CRIME AND DISORDER

5.1 It is not considered that the development would be likely to have any significant impact on crime and disorder.

6. PLANNING ASSESSMENTS

6.1 The key issues for consideration in relation to this proposal are:

· The principle of the development · Impact on the character and appearance of the surrounding area · Impact upon the amenities of nearby and future residents · Highway impacts · Land Stability · S106 obligations

Background APPENDIX A/ 8 - 5

6.2 This application is one of three separate applications which have been submitted relating to the application site and its surrounds. Application DC/13/0764 is also currently under consideration and seeks permission to demolish Bartram House and Springfield and construct 1 No. 4-bedroom detached house with garage, 2 No. 3-bedroom and 1 No. 2- bedroom terraced houses, each with garage or parking space, plus 5 additional parking spaces for retained dwelling and office on site, all off communal driveway with access onto Station Road. The application has been submitted in outline form with all matters reserved apart from consideration of the principle of development and the access. The third application currently under consideration on the site DC/13/0765 seeks permission for the change of use and conversion of Bartram House to provide 4 x 2-bedroom flats and 1 x 2- bedroom maisonette, each with one parking space plus one additional space for Springfield.

Principle of Development

6.3 The National Planning Policy Framework (NPPF) sets out that there is a presumption in favour of sustainable development and that this should run through both plan-making and decision-taking. In terms of the determination of planning applications this should mean the approval of developments that accord with the development plan without delay, and that where the development plan is silent or relevant policies are out of date, that permission be granted unless the adverse impacts of doing so would significantly and demonstrably outweigh the benefits, or policies of the NPPF indicate otherwise.

6.4 Sustainable development is seen within the NPPF as having three roles, namely an economic, social and environmental role which should be a golden thread running through both plan making and decision taking. Paragraph 9 notes that sustainable development involves seeking positive improvements in the quality of the built, natural and historic environment, as well as in people’s quality of life, including (but not limited to):

6.5 In respect of strategic housing land supply within the Authority Paragraph 49 of the NPPF states that:

‘Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five-year supply of deliverable housing sites.’ In this regard, it has been accepted by the Council that it is unable to meet this requirement and for this reason the Council must rely upon the provisions of Paragraph 14 of the Framework to consider the submitted application. This states that:

· any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or

· specific policies in this Framework indicate development should be restricted.” APPENDIX A/ 8 - 6

6.6 The starting point for the determination of this application is the fact that Authority does not have a 5 year housing land supply, and the proposed development would contribute towards meeting the housing needs of present and future generations. An assessment must therefore be made as to whether the proposal can be considered to be sustainable development in terms of the economic, social and environmental roles as set out in the NPPF.

6.7 The site is located within the built up area boundary of Pulborough which is classified as a Category 1 settlement within policy CP5 of the Horsham District Local Development Framework Core Strategy. Category 1 settlements are considered to be towns and villages with a good range of services and facilities as well as some access to public transport, which are capable of sustaining some expansion, infilling and redevelopment. Therefore due to the sites location and the NPPF’s presumption in favour of sustainable development it is considered that the principle of development on this site is acceptable subject to normal development control criteria.

Economic

6.8 In terms of economic issues, the construction activities associated with the development could potentially generate employment opportunities for the local community, and have associated benefits for local services and suppliers. In the longer term the development could also support the local economy in terms of the use of local shops, services and facilities, and potentially result in a significant level of new investment in the village.

Social

6.9 In terms of social issues, the development could provide additional market dwellings to meet a recognised District wide need, built to the prevailing Code for Sustainable Homes at the time of implementation.

Environmental

6.10 With respect to environmental issues, the site is currently used as a car park for the occupiers of Bartram House, and is not subject to any specific designations or protection. As this application is only outline in form, no details of the design and construction of the proposed dwellings have been provided, however, these could be controlled through any reserved matters submissions and by conditions, to ensure that they are appropriate and that sustainable construction methods are employed. It is also accepted due to the sites location that the proposed development would not cause harm to heritage assets. Consideration of the impact of the proposal on the character of the area, amenities of neighbouring properties, highways and land stability are considered in full in the report below. If it is considered that the proposal meets the economic, social and environmental roles as set out in the NPPF, the proposal could represent sustainable development and therefore would be acceptable in principle.

Impact on the character and appearance of the surrounding area

6.11 Policy DC9 of the Horsham District Local Development Framework General Development Control Policies relates to Development Principles and states planning permission will be granted for development which:

c) ensure that the scale, massing and appearance of the development is of high standard of design and layout and where relevant relates sympathetically with the built surroundings, open spaces and routes within and adjoining the site, including any impact on the skyline and important views; d) are locally distinctive in character, respect the character of the surrounding area (including its overall setting, townscape features, views and green corridors) and, where available and applicable, take account of the recommendations/policies of the relevant Design Statements and Character Assessments; e) use high standards of building materials, finishes and landscaping; f) presume in favour of the retention of existing important landscaping and natural features, for example trees, hedges, banks and watercourses. Development must relate sympathetically to the local landscape and justify and mitigate against any losses that may occur through the development; and, g) ensure buildings and spaces are orientated to gain maximum benefit from sunlight and passive solar energy, unless this conflicts with the character of the surrounding townscape, landscape or topography where it is of good quality.

6.12 As the proposal is only submitted in outline form with an indicative layout, it is not possible to accurately consider fully these details at this stage. Nevertheless, the indicative layout provided does show that the number of dwellings proposed, could, with careful consideration of siting, landscaping and screening, be provided within the site without a likelihood of giving rise to an adverse impact on the character and appearance of the surrounding area.

6.13 The site is located to the south of the existing residential property of Lordings which is at a higher level than the application site. The site is also located to the east of the two storey properties within the Lyntons, with the commercial property of Bartram House at a lower level to the front of the site. The site is within an area of mixed commercial and residential properties of differing styles and ages characteristic of a village centre location. Due to the slope of the site and the vegetation along the western boundary the properties to the west of the site are afforded some limited views into the site, however this would be mitigated by the existing vegetation along this boundary. Lordings as it is sited at a higher level would have views across the site. Due to the position of the site to the rear of Bartram House, and the change in land levels any views from the public realm along Station Road would be glimpsed through the existing buildings. It is therefore considered that the application could comply with the design principles set down in section 7 of the NPPF and policy DC9 of the Horsham District Local Development Framework General Development Control Policies.

Impact upon the amenities of neighbouring properties and future residents

6.14 In terms of the acceptability of the proposed scheme in relation to the amenity levels of nearby properties and future occupiers of any new dwellings, as the proposal is only submitted in outline form with an indicative layout, it is not possible to fully consider this issue at this stage. However, the indicative layout provided does show that the number of dwellings proposed, could, with careful consideration of siting, landscaping and screening, be provided within the site without a likelihood of giving rise to significant amenity issues for nearby and future residents.

6.15 The properties to the west at Lyntons have rear gardens of approximately 8m in length, the frontage of the proposed development (as shown on the indicative layout) would then be situated a further 10m from this shared boundary. Between the boundary of the properties APPENDIX A/ 8 - 8

at Lyntons (which are at a higher level than the application site) and the proposed dwellings would be the existing bank and access drive. The indicative layout plan shows a garage on the northern end of the proposed development which would be some 4.5 metres from the corner of Lordings. However, due to the slope of the site the garage would be at a lower level than Lordings. It is considered that the separation distance that could be retained between the proposed dwellings and those at Lordings, and Lyntons would ensure that the amenities of these residents would not be significantly adversely impacted upon. The relationship between the proposed new dwellings and those existing to the western side would not be dissimilar to existing relationships between dwellings within Cobbetts Mews, and Lyntons, just to the west of the site. This level of separation, together with the retained boundary screening, could be considered to constitute an acceptable relationship in terms of the amenities of both existing and any future residents. It is therefore considered that the application could comply with the design principles set down in section 7 of the NPPF and policy DC9 of the Horsham District Local Development Framework General Development Control Policies.

Highway impacts

6.16 The application seeks to utilise the existing vehicular access onto Station Road, positioned towards the western boundary. The access has been amended during the application process to include the widening of the existing vehicular access and the creation of a footway across the frontage of “Bartram House” onto Station Road. The widening of the access is intended to pull the give way lines forward at the point of access and therefore provide improved visibility for exiting vehicles. The footway will also function as a crossing point for pedestrians as the present footway on the northern side of Station Road is discontinuous and terminates to the east of the site.

6.17 The Highways Authority at WSCC has visited the application site and reviewed the proposed access and have not raised any objections to the proposed development. The access proposals have been reviewed by way of a Stage 1 Road Safety Audit. This raised a single problem regarding the continuity of the arrangements for pedestrians. This issue has been addressed through the provision of a kerbed footway on the northern side allowing crossing to the southern side of the carriageway.

6.18 Similarly, no objection is raised by the Highway Authority in relation to the potential level of activity on the site. The Highway Authority has noted the existing uses undertaken on the site and the potential traffic generation from these uses which has been a material consideration in the consultation response received. The potential traffic generation for these existing uses has been derived from TRICS, which is a database used to forecast trip generation. Based on the potential number of movements arising from the existing and proposed uses, the Highways Authority has indicated that the current application is not anticipated to give rise to a significant intensification of use. Therefore whilst the existing and improved access arrangement are acknowledged by the Highways Authority as not complying with the sightline requirements set out within Manual for Streets for a 30mph speed limit, it is not considered that there is sufficient reason to substantiate a reason for refusal. In addition the proposed improvements to the access including the ability for vehicles to pass each other at the point of access should not raise a detriment to highway safety.

6.19 The application would result in a widened access which the Highways Authority has recognised would result in a small narrowing of Station Road. It is acknowledged that Station Road is of varying width and that pinch points do exist to the west of the site, both in terms of carriageway width and pedestrian access facilities. The Safety Audit undertaken did not raise any adverse comments regarding the narrowing of the carriageway, and attempts have been made to keep the carriageway as wide as is feasible. Consequently as a result of the existing constraints in the vicinity of the access, and due to the proposed APPENDIX A/ 8 - 9

improvements which would be made should the application be granted permission the Highways Authority has indicated that it would be difficult to resist the proposal.

6.20 Whilst the layout submitted is indicative only, the car parking shown would provide 1 No. spaces per dwelling, in either driveway parking, garages or a small parking court to the east of the site, and retain 5 spaces for the users of Bartram House.

6.21 Paragraph 32 of the NPPF states that ‘development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe.’ It is not considered that the proposed development would lead to impacts upon the highway that could be considered severe. The proposal would create an improved vehicular access that could accommodate development at the scale proposed, would not cause any significant impact in terms of an increase in traffic movements within the vicinity of the site and could provide car parking to a level that would accord with the sites position within the built up area boundary close to Pulborough Railway Station. The proposal therefore is considered to comply with policy DC40 and the provisions of the NPPF.

Land Stability

6.22 The applicant has submitted a Preliminary Slope Assessment relating to the land stability of the site due to the sloping nature of the ground. The assessment has been considered by the Council’s Building Control Officer and it has not identified any likelihood of springs in the area of the proposed development. However, prior to submitting a Building Regulations Application a full, intrusive site investigation would be required to allow Engineers to design the most suitable foundations for the situation. Therefore any issues with the slope of the ground (including potential springs) would be identified and would be covered under the Building Regulations legislation. It was also noted that Officers could see no reason why this site could not have a viable foundation design proposed. It is therefore considered that a refusal of the application on land stability grounds could not be maintained in this instance.

S106 obligations

6.23 In order to ensure sufficient infrastructure capacity to serve the proposed development, the applicant has been advised that there would be a requirement to enter into a legal agreement under Section 106 of the Town and Country Planning Act. This requirement is set out in policy CP13 of the Core Strategy and within the adopted SPD on Planning Obligations.

6.24 Although the application has been submitted in outline form only and the exact scale of the proposed dwellings would be considered at a future date, the proposal does provide an indicative layout with dwelling sizes shown. This information has been used to calculate the relevant infrastructure requirements for the development, however, should the scale and form of development subsequently alter, then the calculations may need to be revised at that time.

6.25 Based on the information submitted, the current proposal would require contributions to Horsham District Council of £9,657 to cover open space, sport and recreation; community centres and halls; local recycling; and public art. An additional contribution would also be required of £8,504 to West Sussex County Council to cover education; libraries; transport; and fire and rescue services. The applicant has been advised of the requirement to provide a S106 agreement to cover these aspects, but at the time of writing this has not been received and as such this is reflected within the recommendation.

Conclusion APPENDIX A/ 8 - 10

6.26 The development proposals are located within the Built Up Area Boundary of Pulborough as defined in the Horsham District Local Development Framework Proposals Map (2007), which is classified as a Category 1 settlement within policy CP5 of the Horsham District Local Development Framework Core Strategy. Category 1 settlements are considered to be towns and villages with a good range of services and facilities as well as some access to public transport, which are capable of sustaining some expansion, infilling and redevelopment.

6.27 The starting point for the determination of this application is the fact that Authority does not have a 5 year housing land supply, and the proposed development would contribute towards meeting the housing needs of present and future generations. An assessment must therefore be made as to whether the proposal can be considered to be sustainable development in terms of the economic, social and environmental roles as set out in the NPPF.

6.28 It is considered that the proposed development can be considered to represent sustainable development in terms of the social, economic and environmental roles as set out in the NPPF. It is considered that the proposed development would not have an adverse impact in terms of the townscape character of the area, and the amenities of neighbouring properties. It is therefore considered that the proposed development would not have an adverse impact in terms of the economic, social and environmental roles and can therefore be considered to represent sustainable development as set out in the NPPF.

7. RECOMMENDATIONS

7.1 To grant planning permission subject to conditions and the completion of a satisfactory legal agreement securing contributions towards community and transport infrastructure.

1. A1 – Outline Permission 2. Plans and particulars of the reserved matters submitted pursuant to Conditions 1 above shall conform to the indicative layout plan BH/DR/1/Rev2 submitted as part of the application and shall be for no more than four dwellings. Reason as per A1 3. D6 – Finished Floor Levels 4. E3 – Fencing 5. G3 – Parking, Turning and Access 6. G6 – Recycling 7. No development shall commence until the vehicular access improvement serving the proposed dwellings has been constructed in accordance with the details shown on drawing number 2013/1788/001 Rev F. Reason as per H1 8. H10 – Cycling Provision 9. L1 – Hard and Soft Landscaping 10. M8 – Sustainable Construction 11. O1 – Hours of Working 12. O2 – Burning of material. 13. No development shall take place, including any works of demolition, until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. Thereafter the approved Plan shall be implemented and adhered to throughout the entire construction period. The Plan shall provide details as appropriate but not necessarily be restricted to the following matters, · the anticipated number, frequency and types of vehicles used during construction, · the method of access and routing of vehicles during construction, · the parking of vehicles by site operatives and visitors, APPENDIX A/ 8 - 11

· the loading and unloading of plant, materials and waste, · the storage of plant and materials used in construction of the development, · the erection and maintenance of security hoarding, · the provision of wheel washing facilities and other works required to mitigate the impact of construction upon the public highway (including the provision of temporary Traffic Regulation Orders), · measures to control the emission of dust and dirt during demolition and construction, lighting for construction and security, · details of public engagement both prior to and during construction works. Reason: In the interests of highway safety and the amenities of the area. 14.No part of the development shall be first occupied until provision has been made within the site in accordance with plans and details to be submitted to and approved by the Local Planning Authority to prevent surface water draining onto the public highway. Reason: As per H1

INFORMATIVES

The applicant is advised to enter into a legal agreement with West Sussex County Council, as Highway Authority, to cover the off-site highway works. The applicant is requested to contact The Implementation Team Leader (01243 642105) to commence this process. The applicant is advised that it is an offence to undertake any works within the highway prior to the agreement being in place.

The applicant is advised that as the estate roads are to remain private/unadopted, the Highway Authority would require provisions in any s106 agreement to confirm that the estate roads would not be offered for adoption at a later date and wording included to ensure that the carriageways, footways and casual parking are properly constructed, surfaced and drained, and that the works are appropriately certified from a suitably qualified professional confirming the construction standard.

A formal application for connection to the public sewerage system is required in order to service this development, please contact Atkins Ltd, Anglo St James House, 39A Southgate Street, Winchester SO23 9EH or southernwater.co.uk

Background Papers: DC/13/0683, DC/13/0764 and DC/13/0765 DC/13/0683

Bartram House

Scale : 1:1250

Reproduced from the Ordnance Survey map with the permission Organisation Horsham District Council of the Controller of Her Majesty's Stationery Office © Crown Copyright 2000. Department Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Comments Not Set Date 10 October 2014

SLA Number 100018563 ITEM A2 - 1

DEVELOPMENT MANAGEMENT REPORT

TO: Development Management Committee South BY: Development Manager DATE: 21st October 2014 Outline permission for the demolition of Bartram House and Springfield and the erection of 1 x 4-bedroom detached house, 2 x 3-bedroom and 6 DEVELOPMENT: x 2-bedroom terraced houses, each with a garage and/or parking space

SITE: Bartram House Station Road Pulborough West Sussex WARD: Pulborough and Coldwaltham APPLICATION: DC/13/0764 APPLICANT: Mr David Robinson and Other Trustees

REASON FOR INCLUSION ON THE AGENDA: More than five letters of objection have been received

RECOMMENDATION: To grant planning permission subject to conditions and the completion of a S106 legal agreement.

1. THE PURPOSE OF THIS REPORT

1.1 To consider the planning application.

DESCRIPTION OF THE APPLICATION

1.2 This application seeks outline planning permission for the demolition of Bartram House and the property known as Springfield and the construction of 1 x 4-bedroom detached house, 2 x 3-bedroom and 6 x 2-bedroom terraced houses, each with a garage and/or parking space. The application has been submitted in outline form with the principle of development and access only to be considered at this time. The application has been amended during the application process with changes to the access and also the description of the application with regards to housing mix.

1.3 The proposed access to the development would utilise the existing driveway which is to the west of the site, and would entail bringing the entrance further towards the carriageway. The retaining wall and footpath fronting Station Road would be extended to increase visibility to the east of the access.

DESCRIPTION OF THE SITE

1.4 The application site is located within the built up area boundary of Pulborough which is classified as a Category 1 settlement within the Horsham District Local Development

Contact Officer: Nicola Mason Tel: 01403 215289 ITEM A2 - 2

Framework Proposals Map. The boundary of the Pulborough (Church Place) Conservation Area is located 51 metres to the east of Bartram House. Bartram House is located on the northern side of Station Road. It is a distinctive two storey bay fronted building located at a higher level than the road. To the front of the site is a brick retaining wall, with a layby towards its eastern edge. To the west of the site is an access drive to a parking area to the rear and to allow access to the residential property known as Lordings to the rear of the site. The land slopes steeply up from the road with the parking area to the rear of Bartram House at a higher level than Bartram House. On the western boundary of the site is a vegetated and wooded bank with properties within the Lyntons abutting the north western boundary and the property Brookview on the south-western part of the boundary. To the east of the site is Natwest Bank. To the south of the site is a small group of shops, including an electrical, shop, hairdressers, takeaway and betting shop.

2. INTRODUCTION

STATUTORY BACKGROUND

2.1 The Town and Country Planning Act 1990.

RELEVANT GOVERNMENT POLICY

2.6 National Planning Policy Guidance (March 2014)

RELEVANT COUNCIL POLICY

2.7 The following policies of the Local Development Framework Core Strategy (adopted February 2007) are relevant in the assessment of this application: CP1 – Landscape and Townscape Character, CP3 – Improving the quality of new development, CP4 (Housing Provision) CP5 – Built up areas and previously developed land, CP12 – Meeting Housing Needs & CP13 – Infrastructure Requirements.

ITEM A2 - 3

2.8 The following policies of the Local Development Framework, General Development Control Policies Document (December 2007) are relevant in the assessment of this application: DC9 – Development principles, DC18 Smaller Homes\ Housing Mix, DC19 – Employment Site/Land Protection, and DC40 – Transport & Access.

2.9 The emerging Horsham District Planning Framework (HDPF) was approved by Council on 30th April 2014 as the Council’s policy for planning the future of the District for the period 2011-2031. Following a six week period of representations, the plan was submitted to the Government on 8th August 2014 for independent examination under Regulation 22 of the Town and Country Planning (Local Planning) (England) Regulations 2012. A Planning Inspector has commenced the examination of the HDPF. The outcome of the Examination is expected in early 2015 and Adoption of the HDPF by the Council is currently programmed in the Local Development Framework to be April 2015. The emerging plan is therefore a material consideration however it may overall, only be afforded limited weight in the assessment of this planning application.

PLANNING HISTORY

DC/13/0683 Outline permission for the erection of 1 No. 4-bedroom PCO detached house with garage, 2 No. 3-bedroom and 1 No. 2-bedroom terraced houses, each with garage or parking space, plus 5 additional parking spaces for retained dwelling and office on site, all off communal driveway with access onto Station Road

DC/13/0765 Change of use and conversion of Bartram House to Withdrawn provide 4 x 2-bedroom flats and 1 x 2-bedroom maisonette, each with one parking space plus one additional space for Springfield

3. OUTCOME OF CONSULTATIONS

INTERNAL CONSULTATIONS

3.1 Building Control (summarised) – Works would be required to the building to investigate and repair the movement of the building, the water damage and to upgrade the insulation.

OUTSIDE AGENCIES

3.2 WSCC as Local Highways Authority (LHA) (summarised) – no objection whilst it is acknowledged that the visibility from the access is substandard the proposal retains the existing visibility splays. The proposed residential development would be expected to generate fewer movements than could be generated by the established A2/B1 use. The proposed arrangements incorporate the widening of the site access and the enhancement of pedestrian facilities. On balance the LHA consider the proposed access arrangements to be an improvement of the existing site access.

3.3 WSCC Archaeology (summarised) – No objection on archaeological grounds. No archaeological assessment or mitigation measures required. ITEM A2 - 4

PUBLIC CONSULTATIONS

3.4 Pulborough Parish Council (summarised) have objected to both the amended and original application on the following grounds; · Over intensification of the site · Loss of amenity to neighbours to the site · Insufficient parking for the proposed number of houses, flats and offices · The applications provide insufficient parking to comply with current planning regulations and insufficient space is provided over the whole area for vehicles to turn safely. · Impact on the A283 · There is an ongoing consultation between WSCC and Pulborough residents and HDC concerning traffic along, and going on to the A283. We are awaiting the results of this consultation and in our view it would be most unwise to permit any additional access to the A283 until the outcome of this consultation is known. · Reports of a history of both groundwater springs and ground movement/subsidence · The land slopes steeply to the West towards Lyntons and the bank going down in this direction is fragile and is most probably only held together by the trees and bushes at the top of the bank. The Parish therefore objects to any proposal to remove this vegetation. · The applicants have failed in any of their plans to show that the land does slope steeply both from North to South and also to the West. · Members noted that the access from the west, along Station Road, is not under the control of the developers, but of Mr Palvadeau. · The proposal is to have a lowered part in front of Bartram House, to be able to cross the road, but then pedestrians would have to cross the road again within 30 yards. Members do not think that people would do this. Highways have proposed a paved area instead, this may narrow the road a little, but from a safety point of view this is a better solution.

3.5 57 letters (from 8 writers) have been received objecting to the application on the following grounds; · further narrowing of the road would be dangerous for road users and pedestrians · highway access not safe · visibility splays fail to meet standards of Manual for Streets · Plans incorrect · Pedestrian access to site insufficient · No improvement to highways access · The access and exit is dangerous · site is on a steep incline · there is a history of subsidence on the site and any further development would risk further subsidence, · impact on neighbours privacy.

4. HOW THE PROPOSED COURSE OF ACTION WILL PROMOTE HUMAN RIGHTS

5. HOW THE PROPOSAL WILL HELP TO REDUCE CRIME AND DISORDER

5.1 It is not considered that the development would be likely to have any significant impact on crime and disorder.

ITEM A2 - 5

6. PLANNING ASSESSMENTS

6.1 The key issues for consideration in relation to this proposal are:

· The principle of the development · Impact on the character and appearance of the surrounding area · Impact upon the amenities of nearby and future residents · Highway impacts · S106 obligations

6.2 The National Planning Policy Framework (NPPF) sets out the governments planning policy and at the heart of the NPPF is a presumption in favour of sustainable development. Sustainable development is seen within the document as having three roles, namely an economic, social and environmental role which should be a golden thread running through both plan making and decision taking. Paragraph 9 notes that sustainable development involves seeking positive improvements in the quality of the built, natural and historic environment, as well as in people’s quality of life, including (but not limited to):

Principle of Development

6.4 The site is located within the built up area boundary of Pulborough which is classified as a Category 1 settlement within policy CP5 of the Horsham District Local Development Framework Core Strategy. Category 1 settlements are considered to be towns and villages with a good range of services and facilites as well as some access to public transport, which are capable of sustaining some expansion, infilling and redevelopment.

6.5 The application seeks to demolish the existing commercial building Bartram House and the residential property known as Springfield and redevelop the site for residential purposes. Policy DC19 of the General Development Control Policies states amongst other things that; Redevelopment of commercial land within the built-up area boundary, but outside of the EPZs will be permitted in the following circumstances: 1. The Council is satisfied that the commercial unit(s) are no longer needed and/or viable for employment use. Evidence showing that the unit(s) have been marketed at the current market value for at least 12 months prior to the application submission should accompany any such application. 2. Adequate access exists or can be achieved to serve the proposed development. 3. The proposal would result in significant environmental improvements, enhancements to the character of the area and improved relationship with nearby residential occupiers.

ITEM A2 - 6

6.6 Bartram House is currently occupied by an estate agent and surveyors office which has been operating from the site for a number of years. The occupiers have submitted a letter relating to their use of the premises and noting that they are now seeking to relocate to more suitable premises. The occupier has indicated that the present condition of Bartram House specifically relating to the need for underpinning and major works has been a major factor in relinquishing their tenancy. Policy DC19, part 1 does state however that evidence needs to be submitted indicating that the unit has been marketed at current market value for at least 12 months prior to the submission of an application as a mechanism to substantiate that the unit is no longer needed or viable for employment use. This information has not been submitted to support the application. However a professional survey has been received showing clear evidence that the building is no longer viable for commercial use due to the amount of work required to bring the building into a suitable condition for occupation. The Councils Building Control Team have independently considered the Suveyor’s report and has noted that works would be required to investigate and repair the movement suffered by the building. It is therefore considered that the proposal could comply with policy DC19 as the building is no longer commercially viable for employment use.

6.7 Policy DC18 of the Horsham District Local Development Framework General Development Control Policies relates to smaller homes and housing mix and states that; For developments of 5 homes or more, planning permission will be granted in appropriate locations provided that the housing mix and type meets the identified need for smaller homes (1 and 2 bed properties). Subject to the need to consider the character of the area and the existing mix of housing in the locality, the percentage of smaller homes should generally be taken to mean at least 64%; within which a range of 1 and 2 bed dwelling types should be provided. The results of future Strategic Housing Market Assessments may cause the percentage and dwelling types guidelines to be altered. All proposals will be expected to make efficient use of land (over 50 dwellings per hectare for town and village centres, in some cases); however, development must also respect the local character into which it is placed.

6.8 Whilst the application is only outline in form, it does specifically state the sizes of the proposed dwellings, this being 1 x 4-bedroom detached house, 2 x 3-bedroom and 6 x 2- bedroom terraced houses. Given that this level of detail is provided, it is appropriate to consider the appropriateness of this mix of dwelling sizes. Policy DC18 as above requires that on developments of more than 5 No. units the size and type of those units should meet the identified need for smaller homes. This policy goes on to specify that at least 64% of the homes should be provided as 1 and 2 bed dwellings.

6.9 The application, proposes 6 No. dwellings within the smaller home size of 1 and 2 bed dwellings. This equates to 66.6% of the total of 9 No. dwellings. On a site of this size, 5/6 No. would be expected to be provided as 1 or 2 bed dwellings. The application therefore complies with the requirements of policy DC18.

6.10 It is therefore considered that the proposed development would be acceptable in terms of its policy context as the development would comply with policy DC18 and DC19 of the Horsham District Local Development Framework Policies.

Impact on the character and appearance of the surrounding area

a) make efficient use of land whilst respecting any constraints that exist; ITEM A2 - 7

b) do not cause unacceptable harm to the amenity of occupiers/users of nearby property and land, for example through overlooking or noise, whilst having regard to the sensitivities of surrounding development; c) ensure that the scale, massing and appearance of the development is of high standard of design and layout and where relevant relates sympathetically with the built surroundings, open spaces and routes within and adjoining the site, including any impact on the skyline and important views; d) are locally distinctive in character, respect the character of the surrounding area (including its overall setting, townscape features, views and green corridors) and, where available and applicable, take account of the recommendations/policies of the relevant Design Statements and Character Assessments; e) use high standards of building materials, finishes and landscaping; f) presume in favour of the retention of existing important landscaping and natural features, for example trees, hedges, banks and watercourses. Development must relate sympathetically to the local landscape and justify and mitigate against any losses that may occur through the development; and, g) ensure buildings and spaces are orientated to gain maximum benefit from sunlight and passive solar energy, unless this conflicts with the character of the surrounding townscape, landscape or topography where it is of good quality

6.12 The site is located to the south of the existing residential property of Lordings which is at a higher level than the application site. The site is also located to the east of the two storey properties within the Lyntons, with the commercial property of Bartram House which is proposed to be demolished at a lower level to the front of the site. The site is within an area of mixed commercial and residential properties of differing styles and ages characteristic of a village centre location. Due to the slope of the site and the vegetation along the western boundary the properties to the west of the site are afforded some views towards the site, however, the existing vegetation along this boundary would provide screening. Lordings due to its position at a higher level than the application site would also have views towards the site. Bartram House holds a dominant position within the streetscene, as it is set back on a grassed slope at a higher level than the road. Consequently any new development would be prominent within the streetscene. The indicative layout shows a terrace of four properties in a similar position to Bartram House, which would be set back from the bank to the east and the residential property of Brookview to the west.

6.13 It is considered that as the site is within an area of mixed residential and commercial properties that in principle the requirements of DC9 would be met and the character of the area retained. Whilst the proposal is only submitted in outline form with an indicative layout, nevertheless, the indicative layout provided does show that the number of dwellings proposed, could, with careful consideration of siting, landscaping and screening, be provided within the site without giving rise to an adverse impact on the character and appearance of the surrounding area.

Impact upon the amenities of neighbouring properties and future residents

6.14 The properties to the west at Lyntons benefit from rear gardens of approximately 8m in length, the frontage of the proposed development (as shown on the indicative layout) would then be situated a further 10m from this shared boundary. The access to the proposed dwellings and that already existing for Lordings would be sited between the proposed dwellings and the bank forming the boundary to Lyntons. The indicative layout plan shows ITEM A2 - 8

a garage on the northern end of the proposed development which would be some 4.5 metres from the corner of Lordings. Due to the slope of the site the garage would be at a lower level than Lordings. It is considered that the separation distance between the proposed dwellings and those at Lordings, and Lyntons would ensure that the amenities of these residents would not be significantly adversely affected. This relationship between the proposed new dwellings and those existing to the western side would not be dissimilar to existing relationships between dwellings within Cobbetts Mews, and Lyntons, just to the west of the site. This level of separation, together with the retained boundary screening, is considered to constitute an acceptable relationship in terms of the amenities of both existing and any future residents.

6.15 In terms of the acceptability of the proposed scheme in relation to the amenity levels of nearby properties and future occupiers of any new dwellings, as the proposal is only submitted in outline form with an indicative layout, it is not possible to fully consider this issue at this stage. However, the indicative layout provided does show that the number of dwellings proposed, could, with careful consideration of siting, landscaping and screening, be provided within the site without giving rise to significant amenity issues for nearby and future residents.

Highway impacts

6.16 The application seeks to utilise the existing vehicular access onto Station Road, positioned towards the western boundary. The scheme has been amended during the consideration of the application to include the widening of the existing vehicular access and the creation of a footway across the frontage of “Bartram House” onto Station Road and the provision of a dropped kerb crossing.

6.17 The Highways Authority at WSCC has visited the application site and reviewed the proposed access and has not raised any objections to the proposed development. The access proposals have been reviewed by way of a Stage 1 Road Safety Audit.

6.19 The County Surveyor has advised that the visibility from the access is substandard however it is proposed to retain the existing visibility splays. The proposed residential development would be expected to generate fewer movements than could be generated by the established A2/B1 use. The proposed arrangements incorporate the widening of the site access and the enhancement of pedestrian facilities. On balance therefore the Local Highways Authority consider the proposed access arrangements to be an improvement of the existing site access.

6.20 Whilst the layout submitted is indicative only, the car parking shown would provide 16 spaces, in either driveway parking or garages.

to demonstrate that the proposed development would have a severe impact on the operation of the network. The proposal would create an improved vehicular access that could accommodate development at the scale proposed, would not cause any significant impact in terms of an increase in traffic movements within the vicinity of the site and could provide car parking to a level that would accord with the sites position within the built up area boundary close to Pulborough Railway Station. The proposal therefore is considered to comply with policy DC40.

S106 obligations

6.22 In order to ensure sufficient infrastructure capacity to serve the proposed development, the applicant has been advised that there would be a requirement to enter into a legal agreement under Section 106 of the Town and Country Planning Act. This requirement is set out in policy CP13 of the Core Strategy and within the adopted SPD on Planning Obligations.

6.23 Although the application has been submitted in outline form only and the exact scale of the proposed dwellings would be considered at a future date, the proposal does provide an indicative layout with dwelling sizes shown. This information has been used to calculate the relevant infrastructure requirements for the development, however, should the scale and form of development subsequently alter, then the calculations may need to be revised at that time.

6.24 Based on the information submitted, the current proposal would require contributions to Horsham District Council of £19,422 to cover open space, sport and recreation; community centres and halls; local recycling; and public art. An additional contribution would also be required by West Sussex County Council to cover education; libraries; transport; and fire and rescue services. The applicant has been advised of the requirement to provide a S106 agreement to cover these aspects, but at the time of writing this has not been received and, as such this is reflected within the recommendation.

Conclusion

6.25 The development proposals are located within the Built Up Area Boundary of Pulborough a Category 1 settlement as defined in the Horsham District Local Development Framework Proposals Map (2007) where the principle of development is considered to be acceptable subject to normal development control criteria. Further the Authority does not have a 5 year housing land supply, and the proposed development would contribute towards meeting the housing needs of present and future generations.

6.23 Whilst the application is in outline form, it is considered that the level of development proposed would not have an adverse impact on the character of the area, the amenities of neighbouring properties, and highway safety and therefore it is considered that the application should be recommended for approval.

7. RECOMMENDATIONS

7.1 To grant planning permission subject to conditions and the satisfactory completion of a Section 106 agreement relating to contributions and the maintenance of estate roads;

1. A1 – Outline Permission 2. Plans and particulars of the reserved matters submitted pursuant to Conditions 1 above shall conform to the indicative layout plan BH/DR/1/Rev4 submitted as part of the application and shall be for no more than nine dwellings. Reason as per A1 ITEM A2 - 10

3. D6 – Finished Floor Levels 4. E3 – Fencing 5. G3 – Parking, Turning and Access 6. G6 – Recycling 7. No development shall commence until the vehicular access improvement serving the proposed dwellings has been constructed in accordance with the details shown on drawing number 2013/1788/001 Rev K. Reason as per H1 8. H10 – Cycling Provision 9. L1 – Hard and Soft Landscaping 10. M8 – Sustainable Construction 11. O1 – Hours of Working 12. O2 – Burning of material. 13. No development shall take place, including any works of demolition, until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. Thereafter the approved Plan shall be implemented and adhered to throughout the entire construction period. The Plan shall provide details as appropriate but not necessarily be restricted to the following matters, · the anticipated number, frequency and types of vehicles used during construction, · the method of access and routing of vehicles during construction, · the parking of vehicles by site operatives and visitors, · the loading and unloading of plant, materials and waste, · the storage of plant and materials used in construction of the development, · the erection and maintenance of security hoarding, · the provision of wheel washing facilities and other works required to mitigate the impact of construction upon the public highway (including the provision of temporary Traffic Regulation Orders), · measures to control the emission of dust and dirt during demolition and construction, lighting for construction and security, · details of public engagement both prior to and during construction works. Reason: In the interests of highway safety and the amenities of the area. 14. No part of the development shall be first occupied until provision has been made within the site in accordance with plans and details to be submitted to and approved by the Local Planning Authority to prevent surface water draining onto the public highway. Reason: As per H1 15. No development shall commence until such time as revised plans and details incorporating the recommendations given in the Stage 1 Road Safety Audit and accepted in the Designers Response have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highways Authority. Reason: In the interests of road safety.

INFORMATIVES

Background Papers: DC/13/0683, and DC/13/0764 DC/13/0764

Bartram House

Scale : 1:1250

SLA Number 100018563 ITEM A3 - 1

DEVELOPMENT MANAGEMENT REPORT

TO: Development Management Committee South

BY: Head of Planning and Environmental Services

DATE: 21 October 2014 Importation of up to 16,161 m3 of earth to level existing ground enabling existing chicken units to be temporarily relocated for cleaning and airing DEVELOPMENT: of original locations

Delspride Farm, Kent Street, Cowfold SITE:

WARD: Cowfold,Shermanbury and West Grinstead

APPLICATION: DC/13/2445

APPLICANT: Mrs S Pattenal

REASON FOR INCLUSION ON THE AGENDA: Category of Development

RECOMMENDATION: To grant planning permission, subject to conditions.

1. THE PURPOSE OF THIS REPORT

1.2 To consider the planning application.

1.3 DESCRIPTION OF THE APPLICATION

1.4 The application seeks planning permission for the importation of up to 16,161 cubic metres of soil and sub-soil onto farmland. This material would be used to make up a large level area of ground onto which two large existing chicken sheds (which are mobile and about 70m x 15m in size) can be moved onto.

1.5 The applicant has provided a number of reasons for the need for the proposed works which commenced in 2013 without the benefit of planning permission. A significant part of the farm operation at Delspride is the raising of chickens for egg production. During periods of heavy rain, ground water can collect in the ‘scratch’ area within the houses when they are moved from their original sitings. This area is for the chicken’s welfare and should be completely dry allowing the chickens to dust bathe and carry out their normal behaviour. The works will help alleviate this problem of water ingress. Importantly the levelling will allow the sheds to be moved much more easily for regular maintenance and cleaning purposes. For bio-security reasons he sheds are required to be moved every 13 months, that being the time each flock reaches maturity. The sheds would be moved for 4 weeks to allow the ground to be cleaned and aired and the units themselves to be cleaned to ensure no contamination is passed onto the new flock and then returned to their original position for the next 13 months the cleaning will also increase security against infestation by vermin.

Contact Officer: Peter Munnelly Tel: 01403 215521 ITEM A3 - 2

DESCRIPTION OF THE SITE

1.6 The application site is located in open countryside outside the built up area and is within farmland which stands to the east of minor road known as Kent Street which runs south from the main A272 Cowfold to Hayward’s Heath Road. The site is east of Wineham Lane, another minor road running south from the A272 and is accessed from a narrow single track lane, referred to as Westridge Lane in a number of the representations which runs east off Kent Street. The main vehicular access to Delspride Farm is via this road which, like Kent Street, has a number of isolated residential properties situated off it.

1.7 A number of farm buildings are located across the application site, the principle of these being the two large rectangular single storey chicken houses in the middle of the site. The area of works is almost completely enclosed by mature woodland and copse and is not readily visible from Westridge Lane. A public footpath runs from the south east of site across in a north westerly direction towards Kent Street. Overhead electricity lines and pylons also run across the site’s southern extremity taking an east west course as does a small drainage ditch beneath them. Topographically there is a gentle north east to south west downward sloping of the whole site from Westridge Lane to the aforementioned drainage ditch. Boundaries to the wider application site consist of a mixture of hedgerow, stock fencing and post and rails.

1.8 The applicant commenced works without planning permission in the Spring of 2013 and officer site visits have revealed that earth amounting to approximately 9000 cubic metres has already been deposited on site. Although largely obscured from public view because of woodland and trees the earthworks contain bricks, stones and a small amount of what appears to be inert waste material. Although the works have become overgrown with vegetation over the course of the last year they are clearly distinct from the grazing areas. The applicant has confirmed that an additional 6900 cubic materials of material is required to complete the levelling off the ground necessary to allow both sheds to be moved when necessary.

1.9 Despite there being a regular, made, vehicular access road to the farm via Westridge Lane it would appear from heavy rutting visible in fields near the area of works, that during the transfer of the existing site material, articulated delivery vehicles turned off Westridge Lane, taking a short cut across a grazing enclosure to the area of works to deposit the material.

1.10 The application site is not within a Conservation Area or the South Downs National Park and it is not within the setting of any listed building. The site is not subject to any other specific planning designation.

2. INTRODUCTION

STATUTORY BACKGROUND

2.1 The Town and Country Planning Act 1990 (as amended)

RELEVANT GOVERNMENT POLICY

2.2 National Planning Policy Framework (NPPF 2012):- - Paragraph 7 (Sustainable Development); ITEM A3 - 3

- Paragraph 14 (Presumption in favour of sustainable development); - Paragraph 17 (Core Planning Principles); - Paragraph 18 (Building a strong, competitive economy) - Paragraph 19 (Encourage Sustainable Growth); - Paragraph 28 (Supporting a prosperous rural economy); - Paragraph 109 (Protecting and enhancing valued landscapes); - Paragraph 121 (Contaminated land)

2.3 The NPPF has a golden thread running through it which seeks to ensure a presumption in favour of sustainable development. The National Planning Policy Framework seeks to ensure that the planning system performs an economic, social and environmental role.

2.4 The NPPF is supported by Planning Practice Guidance which was introduced in March 2014 after a 2 year review by the Government and replaces numerous Circulars, Technical Notes and letters to Chief Planning Officers. It is available as a web-based resource, will be continually updated and includes guidance on matters such as Design, Noise and Use of Planning conditions.

RELEVANT COUNCIL POLICY

2.5 Local Development Framework: Core Strategy (2007) –

CP1 (Landscape and Townscape character); CP2 (Environmental Quality); CP15 (Rural Strategy)

2.6 Local Development Framework: Development Control Policies (2007) –

DC1 (Countryside Protection and Enhancement) DC2 (Landscape Character); DC9 (Development Principles); DC25 (Rural Economic Development) DC40 (Transport and Access).

2.7 The emerging Horsham District Planning Framework (HDPF) was approved by Council on 30th April 2014 as the Council’s policy for planning the future of the District for the period 2011-2031. Following a six week period of representations, the plan was submitted to the Government on 8th August 2014 for independent examination under Regulation 22 of the Town and Country Planning (Local Planning) (England) Regulations 2012. A Planning Inspector has commenced the examination of the HDPF. The outcome of the Examination is expected in early 2015 and Adoption of the HDPF by the Council is currently programmed in the Local Development Framework to be April 2015. The emerging plan is therefore a material consideration however it may overall, only be afforded limited weight in the assessment of this planning application

PLANNING HISTORY

2.8 The farm has an extensive and lengthy planning history relating to various farm buildings and uses. Key historical permissions which, it is assumed, allowed the erection of the two main existing chicken sheds are as follows:

CF/4/91 – Planning permission granted to allow the erection of a chicken house for 6000 chickens granted by Committee 30.04.1999.

CF/28/98 – Planning permission granted to allow the erection of a chicken unit for 5000 hens granted by Committee 19.01.1999. ITEM A3 - 4

DC/04/2842 – Planning permission granted for the erection of an agricultural building for chickens granted by Committee 15.02.2005

EN/13/0232 – As indicated above in May of 2013 an enforcement Case opened investigating importation of soil to site. This case was subsequently closed following the submission of the current planning application. .

3. OUTCOME OF CONSULTATIONS

3.1 Where consultation responses have been summarised, it should be noted that officers have had consideration of the full comments received, which are available to view on the public file at www.horsham.gov.uk .

INTERNAL CONSULTATIONS

3.2 Environmental Health (summarised): A number of issues are highlighted which should be the subject of conditions attached to any planning permission granted. In terms of noise it is noted that the site is in area away from sources of road traffic noise and therefore noise from the development will be greater than background noise levels that typically characterise the area. Noise from earth moving operations and vehicle movements may have an adverse impact on nearby residents. HGV movements are also likely to be a source of nuisance to residents at the junction of Kent Street and the access road. Vehicles turning at this point will have a different noise profile to vehicles moving freely along the highway and in practice it is unlikely these movements will be evenly distributed throughout the day. In the absence of any detailed noise assessment it is not possible to quantify the scale of environmental noise impacts associated with the development. In terms of the importation of materials it is noted that there is no information in respect of the source of materials to be brought to site or how these imported materials are to be selected, screened or managed. There is concern that the scheme may result in the contamination of green field sites through the importation of contaminated materials. There is an absence of reliable information about the imported materials that may mean the site has to be regarded as potentially contaminated for the purposes of the statutory contaminated land provisions as set out in the Environmental Protection Act 1990.

3.3 Landscape Architect (summarised): Requested a number of clarifications in regard to the submission. These included clarification of the scale on the existing and proposed plans, clarification of the scale on the horizontal and vertical section plans, a plan showing clearly the position of the sheds, any existing trees or hedges and the position of the existing footpath plotted clearly running through the site, details regarding the exact nature of the materials entering the site, information regarding how the proposed earth works will be seeded/ hard landscaped and confirmation that the sheds will be replaced in the same position following cleaning. Some of these matters were clarified by the applicant whilst a number of matters remain outstanding.

OUTSIDE AGENCIES

3.4 The Environment Agency (summarised): No objection in principle to the proposals as submitted. The applicant has provided an Exemption Certificate for the existing material to the EA but they remain unconvinced that the applicant has complied with the relevant certificate possibly by importing more material than is allowed. The EA are unlikely to request the removal of the existing material however are concerned about importation of further material to meet applicant ‘needs’. In order to secure relevant environmental permit from the EA the applicant will need to demonstrate that any new material is ITEM A3 - 5

‘needed’. No reference is made to potential Flood Risk and it is assumed that given the Flood Risk Zone 1 location there is no objection on these grounds.

3.5 WSSC – Highways (Summarised): The applicant should submit workings to show the anticipated number of HGV movements that would be associated with the importation of 6,900 cubic metres of material and provide an estimate of the time period over which this exercise would take place. The applicant should seek to limit the impact of delivery vehicles on Kent Street. Mitigation including wheel cleaning would be necessary and a Section 59 Agreement would also be sought to have vehicle numbers, durations of works confirmed and to secure a requirement that the applicant cover the cost of any damage to the public highway caused through the HGV’S.

3.6 WSCC – Minerals: The amounts are relatively small and would not normally be a County Minerals matter. WSCC were satisfied that Horsham District Council could determine this matter themselves as they think fit.

3.7 WSCC – Right of Way (Summarised): The path should be kept well marked out and clear of any obstructions at all times and the surface must be suitable for footpath use, especially if spoil is being deposited in the area. The surface of the public footpath during construction activities and that any damage caused by the landowner or contractors will need to be remedied at their expense. Also they will need to consider if they need a temporary closure of the footpath during these works.

PARISH COUNCIL

3.8 No objection or observations.

PUBLIC CONSULTATIONS

3.9 Following neighbour notification and the posting of a press and site notice, the Council received a total of 14 written representations in regard to the proposals from properties in the vicinity of the site. The representations consisted 4 letters of support and 10 letters of objection. The objections can be summarised as follows:

· The HGV’s delivering the soil have significantly damaged the road surface to Kent Street and the access lane to Delspride Farm; · The HGV’s are a severe danger to the safety of pedestrians, cars and horse riders using Kent Street and the access lane to Delspride Farm paying little attention to other road users and the mud, dust, noise and fumes that they generated has caused and will cause significant loss to existing residential amenity for those living on Kent Street and the access lane; · The spoil partly consists of rubbish and could be contaminated; · The ground works have already blighted the local landscape and further importation of material will cause further harm to this location.

The letters of support referred to the need for local rural businesses to remain competitive, the potential of the farm to generate more jobs for locals as a result of the works and the improvement in animal welfare that would be brought about by the sheds being able to be easily moved. One letter also referred to the considerate nature of the HGVs on the local roads during the time that the 9000 cubic metres of material was delivered to site.

ITEM A3 - 6

4. HOW THE PROPOSED COURSE OF ACTION WILL PROMOTE HUMAN RIGHTS

5. HOW THE PROPOSAL WILL HELP TO REDUCE CRIME AND DISORDER

5.1 It is not considered that the development would be likely to have any significant impact on crime and disorder.

6. PLANNING ASSESSMENTS

6.1 The main issues in the determination of this application are:

· whether the proposal accords with existing land use principles; · Impact on the character and appearance of the surrounding landscape; · Highways impacts; · Whether the proposals are acceptable with regard to existing residential amenity; · Whether there is likely to be any ground contamination and how this can be mitigated against.

Principle of the Development

6.2 The National Planning Policy Framework (NPPF) sets out that there is a presumption in favour of sustainable development and that this should run through both plan-making and decision-taking (paragraph 14). In terms of the determination of planning applications this should mean the approval of developments that accord with the development plan without delay, and that where the development plan is silent or relevant policies are out of date, that permission be granted unless the adverse impacts of doing so would significantly and demonstrably outweigh the benefits, or policies of the NPPF indicate otherwise. Paragraph 7 of the NPPF sets out that there are three dimensions to the achievement of sustainable development, these being economic, social and environmental.

6.3 The application scheme proposes the depositing of 16,161 cubic metres of earth on farmland to allow existing chicken sheds to be moved for maintenance purposes. Approximately two thirds of the spoil has already been deposited without the benefit of planning permission having been secured.

6.4 There are no directly specific land use policies applicable to the works proposed. The NPPF at Paragraph 28 refers to promoting a strong rural economy through local plans and by definition policies, supporting sustainable growth and expansion of all types of business and enterprise in rural areas. Policy DC1 (Countryside Protection) of the Horsham District Local Development Framework: General Development Control Policies (2007) is clear in stipulating that development in the countryside will not be permitted unless it is considered essential and meets one or a number of specific criteria, one of these being it supports the needs of agriculture.

6.5 From the evidence submitted with the application, officers are satisfied that the works will allow an existing rural business to operate more efficiently and sustainably with enhanced husbandry and welfare for the farm animals in question. The continued operation of this established rural business and its support network of suppliers is considered important and ITEM A3 - 7

the proposals can therefore be considered essential, meeting the needs of agriculture and to be accordance with Policy DC1 (Countryside Protection) of the Horsham District Local Development Framework: General Development Control Policies (2007).

Appearance on the landscape

6.6 Policy CP1 (Landscape and Townscape Character) of the Horsham District Local Development Framework: Core Strategy (2007) requires amongst other matters that the landscape character is protected and conserved from land management decisions or new development whilst Policy CP3 (Improving the Quality of New Development) of the same document requires, inter alia, that development integrates with its surroundings. Policy DC2 (Landscape Character) of the Horsham District Local Development Framework: General Development Control Policies (2007) stipulates that development will be permitted where it conserves or protects landscape character including the topography of the area. The NPPF at Paragraph 109 asks that the planning system should contribute to and enhance the natural and local environment by protecting and enhancing valued landscapes.

6.7 The proposal will alter the topography of the existing farmland which it is presumed was used for grazing prior to the works commencing. As already indicated, the existing topography, prior to the works commencing consisted a relatively gentle north east to south west downward slope. There is an approximate 7 m drop in land levels across that part of the site which would be filled and the spoil would provide a maximum uplift in land levels of approximately 3 metres in those places where it was most required. This making up alters the aforementioned slope over an area which is estimated, in size terms, is the equivalent of 3/4 standard sized football pitches. The change in localised topography will be discernible however it is considered that the landscape character would not be altered to such a significant degree as to render the works in conflict with relevant landscape policies, particularly the above referred Policy CP1, Policy CP3 and Policy DC2 of the Horsham District Local Development Framework, the latter of which stipulates that development will be permitted where it conserves or protects landscape character including the topography of the area.

6.8 Notwithstanding the relatively moderate physical impact of the works, the landscape character of the surrounding area will be afforded further protection due to the significant amount of trees, woodland and copse cover that surround the area of works on all sides. Only one small gap exists in the tree cover to the north of the area of fill. The gap provided direct vehicular access to the field from the farm access lane to the north during the unauthorised works. In addition to the natural screening offered by the trees, the works are in any case unlikely to be seen to any significant degree from this access road because of the change in level of the land with the area of works lying lower than the access road.

6.9 Site visits in the Spring of 2014 by officers revealed existing spoil and earth deposited by the applicant to be visually obtrusive largely because of the bare appearance of the material. Although the last 6 months has seen some unmanaged growth on the deposited material any planning permission would, through a relevant condition, seek to ensure that the appearance of the made up ground was significantly softened by a soft landscaping /seeding strategy which would significantly lessen any potential visual impact.

Highways Impacts

6.10 The main consideration in regard to highways is to examine the potential for vehicles, almost certainly HGVs, associated with the delivery of the remaining material, to cause road safety issues on roads leading to and from the site and whether these vehicles are likely to cause significant amenity loss for residents living on these roads.

ITEM A3 - 8

6.11 The majority of objection letters submitted to the Council refer to the period in 2013 during which HGVs deposited the unauthorised spoil onto site using Kent Street and the access road, sometimes referred to as Westridge Lane which runs from Kent Street to Delspride Farm. In depositing over 9000 cubic metres of spoil, the HGV’s were reported to have driven at speed down Kent Street and Westridge Lane, caused potholes and damage to the verges of these narrow roads, shown little consideration for other vehicles, pedestrians, cyclist and horse riders. Other complaints have been registered relating to the mud and dust that the vehicles have brought to the roads and the general detriment caused to residential amenity through noise, fumes and vibrations.

6.12 Notably the NPPF is explicit at Paragraph 32 in regard to planning decisions and transport matters stating that ‘Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe. Relevant Development Plan policies to consider when assessing traffic and highway impacts are DC9 (General Development Principles) of the Horsham District Local Development Framework: General Development Control Policies (2007) and DC40 (Transport and Access) of the same document although the latter concentrates largely on the impact of traffic from a development per se as opposed to the impact of traffic from the construction or formation of a development. DC9 stipulates amongst many other matters, that planning permission will only be given for developments that do not cause unacceptable harm to the amenity of occupiers of nearby property through overlooking or noise whilst DC40 indicates, inter alia, that planning conditions and Green Travel Plans may be used to address particularly local traffic problem associated with a development.

6.13 It is acknowledged that the HGV vehicle movements which took place in 2013 to allow the delivery of the existing spoil were clearly discernible to residents living near the route to the application site and may have caused some harm to surrounding residential amenity through noise, vibration, dust and mud. Varying reports have been received as to how considerate drivers of these HGVs were to other road users and discussions with County have revealed that attempts were made by the haulage contractor themselves to make good damage caused to the minor roads by the HGV’s.

6.14 The applicant has estimated that delivery of the remaining 6900 cubic metres of material required for the works to be completed will involve 460 lorry movements and that these could potentially be restricted to 15 movements a day which, if restricted to Monday to Fridays, would mean a 6 week long process. These figures are considered realistic by the County Highways Engineer. It is also noted that there is a willingness on the part of the applicant to enter into a comprehensive Section 59 Agreement with West Sussex County Council which they have requested. Such an agreement would see a series of enforceable measures implemented to reduce the impact of the HGV’s on local residential amenity. Such measures could include regulated times of delivery, repair to damage any road caused, the provision of a complaint helpline, possible temporary passing places and clear site direction and warning signage. It is considered that a Section 59 Agreement allied with a requirement, through an attached planning condition, for the submission of a robust Construction Management Plan, would mean a significant reduction in the potential for vehicles associated with the remaining ‘construction’ process to disrupt and cause harm to the amenity of residents living either on Kent Street or Westridge Lane.

6.15 Taking into consideration the fact that a significant amount of the work on site with associated vehicle movements has already taken place and the opportunity the application allows for the imposition of a construction traffic management framework for the remainder of the works through both Highways and Planning legislation it is regarded that a refusal of the works based on traffic or highways grounds would be unsustainable. There would be little or no traffic or highways impacts as a result of the continued operation of the farm and as suggested above harm any potential harm to amenity caused through the construction process could be adequately managed and addressed. In this regard the proposal can be ITEM A3 - 9

said to be compliant with Policy DC9 (General Development Principles) of the Horsham District Local Development Framework: General Development Control Policies (2007).

Residential Amenity

6.16 Aside from amenity issues that may or may not result from construction traffic it is necessary for officers to also consider whether the actual works themselves, that is the earth moving and the operation of the site once the works are complete could be injurious to existing residential amenity in the vicinity of the site and whether the it can be confidently stated that the development accords with DC9 (General Development Principles) of the Horsham District Local Development Framework: General Development Control Policies (2007) particularly Part B of that policy which refers to amenity of nearby occupiers and users of property.

6.17 Although Council’s Environmental Health officer has correctly identified that there are a number of residential properties within a radius of 200m from the site and highlighted the possibility that these dwellings could be affected by ‘noise impacts from earth moving operations’ it should be noted that any remaining earth moving operations to level the remain land will take place over a relatively finite period were planning permission to be granted. Notwithstanding the low ambient background noise levels in this location it is not normally considered appropriate to attach restrictive noise conditions to planning permissions which seek to regulate noise generated from a construction process rather than the operational process. Such conditions are not enforceable particularly if noise is generated away from the application site. However it is considered that a standard Construction Management Plan condition would be appropriate in this instance and would allow the Council a sufficient degree of control of any construction traffic using local access roads.

6.18 Further comment offered by the Environmental Health Officer on the matter of noise impacts refers to using guidance within a Minerals Policy Statement. It should be noted that the application is not for minerals extraction and whilst it is acknowledged there will be inevitably be some noise associated with the completion of the proposed works, a Construction Management Plan will be expected to include details of how any such noise will be adequately regulated and minimised. It is anticipated that after any works are completed the operation of the poultry farming, which have not been cause for any complaint to the Council, will continue in the same manner as has been the case since 2005 when permission was granted for the sheds. Notably none of the objection letters received by the Council refers to noise from the site works that took place in 2013 and it is therefore considered that the proposal accords with the relevant element of Policy DC9 relating to amenity and importantly Paragraph 123 of the NPPF which requires that planning decisions should aim to avoid noise from giving rise to significant adverse impacts on health and quality of life as a result of new development.

Ground Contamination

6.19 The matter of contamination is more complex. The applicant has provided a 2013 Environment Agency Exemption permit for ‘Use of Waste in Construction’ at Delspride Farm This allows the applicant to import to site a specific amount of inert material to site. From a policy perspective the works will need to accord with Part B of Policy CP2 (Environmental Quality) of the Horsham District Local Development Framework: Core Strategy (2007) which inter alia requires that development proposals minimise the emission of pollutants. The NPPF also offers guidance on planning and contaminated land. Paragraph 121 of the Framework requires that ‘planning decisions should ensure that …as ITEM A3 - 10

a minimum, land should not be capable of being determined as contaminated land under Part IIA of the Environmental Protection Act 1990.’ Importantly and significantly at Paragraph 122 it states that ‘…local planning authorities should focus on whether the development itself is an acceptable use of the land, and the impact of the use, rather than the control of processes or emissions themselves where these are subject to approval under pollution control regimes. Local planning authorities should assume that these regimes will operate effectively. Equally, where a planning decision has been made on a particular development, the planning issues should not be revisited through the permitting regimes operated by pollution control authorities.’

6.20 To summarise the current position of the EA, despite liaison with the applicant they remain unconvinced that the requirements of the Exemption Permit have been met as more material than is allowed under that Permit may have been imported to site. Further Enforcement Action by the Environment Agency is being considered but it is confirmed that there is no current request to remove the existing materials. There is however concern in regard to further importation of further material to meet identified ‘needs’. The EA have a Recovery ‘v’ Disposal test which an applicant must meet in order to demonstrate that further material is needed. The applicant has not, as far as officers are aware, applied for this test. In summary the EA are of the view that the applicant should be able to remedy the site issues using the existing material on site, however should the additional spoil be required, a Recovery ‘v’ Disposal test will need to be applied for.

6.21 The Council’s Environmental Health officer has also indicated concern as to the proposals. It is noted that no information in regard to the source of materials already brought to site has been provided and that no further detail as to how the additional 6,900 cubic metres of spoil will be selected, screened or managed is provided in the application. Concern is highlighted that the proposals may result in the contamination of green field sites through the importation of contaminated materials especially as there are surface water features in close proximity. It is stressed that there is an absence of reliable information about the imported materials and that as a result the site has to be regarded as potentially contaminated for the purposes of the statutory contaminated land provisions as set out in Part IIA of the Environmental Protection Act 1990. The officer then lists a number of proposed conditions that should be applied were planning permission to be granted.

6.22 The EA have indicated they believe that the current material imported to site can ‘fix’ the existing ‘problem’. It is therefore proposed that an appropriately worded condition be attached to any planning permission which will require, before any works, recommence, that full testing and characterisation of the existing spoil takes place by a qualified consultant to demonstrate that the material is inert and non-contaminated. In the event that the material is found to be contaminated, a full remediation strategy shall be submitted and remediation works implemented within a specific time frame in order to make the site completely safe.

6.23 There is also concern from the EA and the Council’s own specialist Environmental Health officer about the provenance of any proposed material which is proposed to be brought to site. Acknowledging that the Council should not be duplicating requirements that will be set down under Environmental Regulations it is however proposed that a condition be attached to any planning permission granted that would require a comprehensive and full strategy to be put in place to establish and verify any new material brought to site. This strategy will involve, as suggested by the EH officer, the provision of written records where required, visual inspection when requested and validation reports and consignment notes provided where specified.

6.24 On balance it is therefore considered, that with attached conditions and the additional requirements and security provided by the Environmental Regulations, the works can be said to comply with the aforementioned Policy CP2 (Environmental Quality) of the Horsham ITEM A3 - 11

District Local Development Framework: Core Strategy (2007) and the relevant provisions of Paragraph 121 of the NPPF.

Flood Risk

6.25 It has been confirmed that the site is within Flood Risk Zone 1, the lowest risk categorisation that the Environment Agency can attach to land when assessing the danger of flooding. Because of the size of the site which is well over 1 hectare a Flood Risk Statement would normally be expected. However the Environment Agency makes no mention of concern in respect of this matter and it is proposed that were planning permission to be granted the matter could be adequately resolved by the imposition of a condition which would require a Flood Risk Assessment to be submitted and approved by the Council prior to any re-commencement of development.

Rights of Way

6.26 As indicated a public footpath runs from the south east of site across in a north westerly direction towards Kent Street. Although apparently little used this route will need to be protected and maintained at those times when the sheds are moved across its course during those periods where cleaning takes place. It is therefore proposed that a condition stipulating the path be kept clear and marked at all times be attached to any permission. In addition an informative will be included which will remind the landowner of obligations to apply to the County for appropriate closure orders should there be a need to temporarily divert the footpath.

7. CONCLUSION

7.1 It is considered that the proposal is acceptable in principle. There is a presumption in favour of development within the NPPF which stipulates that permission should only be refused where there are (i) significant and demonstrable adverse impacts that outweigh the benefits of the proposal or where: (ii) where specific policies in the Framework require such development to be restricted. Neither of these two scenarios is considered relevant in this case. It is regarded that there will be no visual impairment of the landscape as a result of completing the works and whilst there will be some Highways effects from construction traffic these will be adequately managed to ensure existing residential amenity around the site is maintained. Mindful of land contamination concerns from colleagues In Environmental Health, conditions will be attached to any permission relating to remediation of existing material if found to be necessary and qualification of any new material brought to site. Together with the need for the applicant to satisfy distinct Environmental Permit Regulations it is considered that this is sufficient to meet those particular concerns. It is considered then that the proposal accords with those relevant policies referred earlier in this report both in the Core Strategy and General Development Control Policies of the Local Development Framework and also key policies within the National Planning Policy Framework 2012 and therefore it is recommended planning permission be granted subject to a number of conditions.

8.0 RECOMMENDATIONS

8.1 The application is recommended for approval subject to the following conditions:

1 A construction environmental management plan shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of development on the site.

ITEM A3 - 12

Reason: To ensure that any pollution is dealt with in accordance with Policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

2 No work on the development hereby permitted shall be undertaken on the site except between the hours of 07.30 and 17.30 on Mondays to Fridays inclusive and 07.30 hours and 13.00 hours on Saturdays, and no work shall be undertaken on Sundays, Bank and Public Holidays unless otherwise agreed in writing by the Local Planning Authority.

Reason: To safeguard the amenities of nearby residents in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

3. Deliveries to and from the construction site shall be restricted to 08.00-17.30 Hours Monday to Friday and between 07.30 and 13.00 hours on Saturdays, and not on Sundays or Bank Holidays

Reason: To safeguard the amenities of nearby residents in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

4. No burning of materials shall take place during the demolition, construction or operational phases of the development.

Reason: In the interests of amenity and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

5. Prior to any re-commencement of works, a desktop study, intrusive investigation and risk assessment relating to the material already delivered to site shall be submitted to and approved in writing by the Council. The risk assessment will assess the degree and nature of any contamination on site and shall assess the risks posed by any contamination to human health, controlled waters and the wider environment. The scope of the investigation shall be agreed with the Council in advance of the works and a detailed method statement for any required remediation works shall, if necessary, be submitted and approved by the Council.

Reason: To ensure that no unacceptable risks are caused to humans. Controlled waters or the wider environment during and following the development works in accordance with Policy DC9 of the DC9 (General Development Principles) of the Horsham District Local Development Framework: General Development Control Policies (2007).

6. No new material shall be brought to site or deposited without verification and validation procedures for the sampling of that imported material by an appropriately qualified consultant having been submitted to and approved in writing by the Council prior to any deposition.

7. No further work shall be carried out on the site unless and until an effective vehicle wheel- cleaning facility has been installed in accordance with details approved by the Local ITEM A3 - 13

Planning Authority in writing and such facility shall be retained in working order and operated throughout the period of work on the site to ensure that vehicles do not leave the site carrying earth and mud on their wheels in a quantity which causes a nuisance, hazard or visual intrusion from material deposited on the road system in the locality.

Reason: In the interests of road safety and in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

8. The Public Right of Way across the application site shall kept free from obstruction and remain clearly marked at all times during construction period and during any temporary period in which the existing sheds are relocated.

Reason: To ensure an established walking route is maintained and the development is in integrated with this Right of Way in accordance with Policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

9. No further works or development shall take place unless and until a soft landscaping schedule specifically detailing how the made up earth brought to site is to be treated/seeded has been submitted to and approved in writing by the Local Planning Authority. All such works as may be approved shall then be fully implemented in the first planting season, following commencement of the development hereby permitted and completed strictly ibn accordance with the approved details.

Reason: To ensure a satisfactory development and in the interests of amenity in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

10. No further works or development shall take place unless and until a Floodrisk Strategy has been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure a satisfactory development and to allow accordance with Policy DC7 of the Horsham District Local Development Framework: General Development Control Policies (2007).

A. The development hereby permitted shall be carried out in accordance with the approved plans listed in the schedule below.

CF/1 Site Pan showing original layout (Nov 2013); CF/2 Site Survey showing repositioning of chicken sheds (Nov 2013); CF/3 Site Survey showing repositioning of chicken sheds showing proposed layout (Nov 2013) (Revised 2 Oct 2 2014); CF/4(Nov 2013) Site Survey showing repositioning of chicken sheds; 14/928/01 Plan showing public footpath and location of existing sheds (April 2014)

Reason: For the avoidance of doubt and in the interest of proper planning.

Notes to Applicant

Section 59 Extra-ordinary Traffic

The applicant is advised to enter into a Section 59 Agreement under the 1980 Highways Act, to cover the increase in extraordinary traffic that would result from construction vehicles and to enable the recovery of costs of any potential damage that may result to the public highway as ITEM A3 - 14

a direct consequence of the construction traffic. The Applicant is advised to contact the Highway Officer (01243 642105) in order to commence this process.

Should there be a requirement for any reason to temporarily divert the existing Right of Way the applicant’s attention is drawn to the requirements of the Countryside and Rights of Way Act 2000 and within it the need to contact West Sussex County Council’s Rights of Way Team (0330 2226745)

Positive & Proactive Statement

Statement pursuant to Article 31 of the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2012. The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

In making this decision the Council has had regard to the following policies from the Local Development Framework Core Strategy/Local Development Framework General Development Control Policies: CP1 CP2 CP15 DC1 DC2 DC9 DC25 DC40

Background Papers: EN/13/0232 Contact Officer: Peter Munnelly

DC/13/2445 Delspride

Scale : 1:5000

SLA Number 100018563

ITEM A4 - 1

DEVELOPMENT MANAGEMENT REPORT

TO: Development Management Committee (South) BY: Development Manager DATE: 21st October 2014 Variation of conditions 11 and 12 pursuant to DC/09/2117 to allow some DEVELOPMENT: minor material amendments to take place which include window and door alterations and amendments to the parking layout. SITE: Noordwyjk Pound Lane Upper Beeding West Sussex WARD: Bramber, Upper Beeding and Woodmancote APPLICATION: DC/14/1496 APPLICANT: Mr Paul Templeton

REASON FOR INCLUSION ON THE AGENDA: Number of letters received contrary to recommendation

RECOMMENDATION: Approve subject to conditions

1. THE PURPOSE OF THIS REPORT

To consider the planning application.

DESCRIPTION OF THE APPLICATION

1.1 This application seeks to vary condition 11 and 12 of application DC/09/2117. DC/09/2117 granted full planning permission for “residential development comprising of 5 x 4 bed houses to replace the existing dwelling (to be demolished), and a new vehicular access.” The application was refused in June 2010, but subsequently allowed at appeal in April 2011.

1.2 Condition 11 of DC/09/2117 states that; “No dwelling shall be occupied until space has been laid out within the site in accordance with the plans hereby permitted for cars to be parked. These spaces shall thereafter be retained for that purpose.” Condition 12 states; “Subject to the requirements of any of the aforementioned conditions the development hereby permitted shall be carried out in accordance with the following approved plans; 1123/P05, 1123/P07D, 1123/P08, 1123/P020C, 1123/P021C, 1123/P022A, 1123/P023A and unreferenced perspective drawings.”

1.3 The application seeks to vary the conditions to allow the red edge to be reduced in size from that formally approved, and also includes the following amendments to each plot;

Contact Officer: Nicola Mason Tel: 01403 215289 ITEM A4 - 2

· Plot 1 - deleting of the proposed garage, creation of 2 off road parking spaces to front of plot, insertion of wider bi-fold doors and a smaller window to rear elevation, and slight amendment to first floor southern side elevation. · Plot 2 – insertion of new obscure glazed bathroom window, insertion of rooflight over stairs, insertion of wider bi-fold doors and replacement of French doors with smaller window. · Plots 3 and 4 – insertion of wider bi-fold doors in rear elevation. · Plot 5 – Insertion of wider bi-fold doors in rear elevation, and insertion of rooflight over stairs in northern roof slope.

DESCRIPTION OF THE SITE

1.4 The application site is situated within the built up are boundary of Upper Beeding, which is classified as a category 1 settlement within policy CP5 of the Core Strategy. The site is located at the junction of Pound Lane with The Driftway and work to implement DC/09/2117 has commenced on site.

1.5 To the north of the site, also within Pound Lane, is Tara, a 2 storey dwelling with a first floor window facing the site. To the west, is development generally of more chalet styles in The Driftway. The nearest property is The Moorings, a chalet style property with its roof sloping away from the application site and a flat roofed garage to its south eastern corner. The rear garden of The Moorings runs parallel to the existing rear garden of the application site and a high brick wall provides the mutual boundary with the application site being situated on a slightly higher level. To the north west are chalet style houses in The Paddocks which are partly visible from the application site.

1.6 The edge of the built-up area boundary is drawn on the eastern side of Pound Lane and as a result the application site is adjacent to open countryside to the east save for 2 residential dwellings immediately opposite. There is a discernible change in the character of Pound Lane compared to that further south since the road is narrower. The northern extent of the built-up area is drawn to The Paddocks, a short distance from the application site and so, although the application site itself is in the built-up area, the surroundings of the site to the east and further to the north are of open countryside.

2. INTRODUCTION

STATUTORY BACKGROUND

2.1 The Town and Country Planning Act 1990.

RELEVANT GOVERNMENT POLICY

National Planning Policy Framework (2012) (NPPF) Section 6 – Delivering a wide choice of high quality homes and Section 7 – Requiring good design

National Planning Policy Guidance (March 2014)

RELEVANT COUNCIL POLICY

The following policies of the Local Development Framework Core Strategy (adopted February 2007) are relevant in the assessment of this application:

CP1 – Landscape and Townscape CP3 – Improving the Quality of New Development ITEM A4 - 3

The following policies of the Local Development Framework General Development Control Policies (December 2007) are relevant in the assessment of this application:

DC9 - Development Principles DC40 – Transport and Access

The emerging Horsham District Planning Framework (HDPF) was approved by Council on 30th April 2014 as the Council’s policy for planning the future of the District for the period 2011-2031. Following a six week period of representations, the plan was submitted to the Government on 8th August 2014 for independent examination under Regulation 22 of the Town and Country Planning (Local Planning) (England) Regulations 2012. A Planning Inspector has commenced the examination of the HDPF. The outcome of the Examination is expected in early 2015 and Adoption of the HDPF by the Council is currently programmed in the Local Development Framework to be April 2015. The emerging plan is therefore a material consideration however it may overall, only be afforded limited weight in the assessment of this planning application.

PLANNING HISTORY

2.2 DC/12/0862 – Planning permission was granted in March 2013 for the redevelopment of the site to provide 4 x 5 bed detached houses.

2.3 DC/09/2117 – Planning permission was refused and then allowed at appeal on the 26th April 2011 for residential development comprising 5 x 4 bed houses to replace existing dwelling to be demolished and new vehicular access (a copy of the appeal decision is attached at the end of this report).

2.4 DC/09/0706 - Planning permission was refused in 2009 for residential development comprising 4 x 4-bed houses and 1 x 5-bed house to replace existing dwelling to be demolished, new vehicular access.

2.5 DC/08/2005 - Planning permission was refused in 2008 for the demolition of existing dwelling and replace with two blocks of 4 x 2-bed flats (totalling 8) with 8 car parking spaces and new vehicle access points.

2.6 UB/16/97 & UB/49/99 - Planning permission for the erection of 1 house on the northern part of the site was refused in 1997 & 1999.

2.7 UB/36/88 - Planning permission was granted on appeal in 1989 for the erection of 5 houses and 1 double garage.

3. OUTCOME OF CONSULTATIONS

INTERNAL CONSULTATIONS

3.1 None undertaken

OUTSIDE AGENCIES

ITEM A4 - 4

3.2 West Sussex County Council Public Rights of Way (summarised) – no objection to the proposal contingent upon safe & convenient public access being available at all times across the full width of the public footpath abutting the eastern site boundary.

3.3 West Sussex County Council Highways (summarised) - There would be no highway objection to the proposed relocation of the access for plot 1 and the variation of the associated condition.

PUBLIC CONSULTATIONS

3.4 Upper Beeding Parish Council has objected to the application on the grounds that the proposed windows will be intrusive in the neighbourhood, the proposed parking is inadequate and unsuitable and that the access to the site might comprise a road safety issue.

3.5 Twelve letters have been received objecting to the application on the following grounds; · obstruction of the public footpath, · site not suitable for development, · possibility of parking over footpath due to the removal of garage, · trees and shrubs originally approved no longer shown on the plans, · highway safety concerns, · sewage and surface water infrastructure are substandard, · plans are incorrect and do not show what is on site, · approved landscaping scheme cannot be implemented, · loss of garage would result in no storage for bicycle on plot 1, · applicant was aware of the land ownership at an early stage.

4. HOW THE PROPOSED COURSE OF ACTION WILL PROMOTE HUMAN RIGHTS

5. HOW THE PROPOSAL WILL HELP TO REDUCE CRIME AND DISORDER

5.1 It is not considered that the development would be likely to have any significant impact on crime and disorder.

6. PLANNING ASSESSMENTS

6.1 This application seeks to amend condition 11 and 12 of DC/09/2117 to allow amendments to the proposed scheme. The principle of the development of the site has been established at appeal and the application seeks to amend the approved dwellings.

Condition 11

6.2 Condition 11 relates to the parking of vehicles in accordance with the submitted plans and the retention of the spaces for that purpose. The original plans relating to DC/09/2117 granted permission for the provision of a double garage to the rear of plot 1 accessed from The Driftway. Two parking spaces were also shown to the front of the garage. The ITEM A4 - 5

proposed scheme seeks to remove the garage and associated parking and provide two parking spaces to the front of the property accessed from Pound Lane. The application would also realign the red edge of the application site reducing its area through the removal of the grass verge adjoining The Driftway which is not within the applicants ownership.

6.3 The County Surveyor has considered the proposal and noted that the property that formerly occupied the site, had access in a very similar location to that proposed for plot 1, albeit the access now proposed is slightly closer to the Driftway junction. Pound Lane is a no through road that serves few dwellings. The County Surveyor gave the view that the route would be lightly trafficked, and the movements associated with the parking space on plot 1 would also be low. As such there is limited potential for conflicting movements as a result of the relocated access. The Local Highway Authority are not aware of any issues that arose as a consequence of the existing access associated with the previous property being used. Consequently, there would be no highway objection to the proposed relocation of the access for plot 1 and the variation of the associated condition. Paragraph 32 of the NPPF states that ‘development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe.’ It is not considered that the proposed development would lead to impacts upon the highway that could be considered severe. The proposal would create a new vehicular access that could accommodate development at the scale proposed, would not cause any significant impact in terms of an increase in traffic movements within the vicinity of the site. The proposal therefore complies with policy DC40.

Condition 12

6.4 Developments should seek to promote or reinforce local distinctiveness and, as detailed in paragraph 61 of the NPPF, should secure high quality and inclusive design that goes beyond aesthetic considerations. This paragraph goes on to state that ‘decisions should address the connections between people and places and the integration of new development into the natural, built and historic environment.’ Section 7 of the NPPF provides guidance relating to design and states that good design is a “key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people.”

6.5 Policy DC9 of the General Development Control Policies relates to Design Principles and states:

Planning permission will be granted for development which:

a) make efficient use of land whilst respecting any constraints that exist; b) do not cause unacceptable harm to the amenity of occupiers/users of nearby property and land, for example through overlooking; c) ensure that the scale, massing and appearance of the development is of high standard of design and layout; d) are locally distinctive in character, respect the character of the surrounding area; e) use high standards of building materials, finishes and landscaping.

6.6 Condition 12 of DC/09/2117 relates to the approved plans to be used for the implementation of the development. The applicant seeks to amend the appearance of each plot through the addition of/or amending the design of windows and doors. Consequently the condition would need to be amended to allow the plan numbers to be changed to those proposed. The amendments to plot 1 would result in the insertion of wider bi-fold doors and a smaller window to the rear elevation, and slight amendment to first floor southern side elevation. It is considered that the proposed changes would retain the character of the approved dwelling and would not introduce any additional overlooking ITEM A4 - 6

of neighbouring properties. The proposed amendment would result in a smaller window in the rear elevation, and the changes at ground floor level to allow bi fold doors would have limited views from the public realm. It is therefore considered that the proposed changes would be acceptable in this instance.

6.7 The application proposes the insertion of a new obscure glazed bathroom window, the insertion of a rooflight over stairs, the insertion of wider bi-fold doors and the replacement of French doors with a smaller window to plot 2. It is considered that the proposed changes to the windows and doors would not have an adverse impact on the appearance of the locality. The bathroom window can be conditioned to be obscure glazed, with details of any opening submitted for consideration by the Local Planning Authority to retain privacy. It is considered that the proposed addition of a rooflight in the southern elevation would not have an adverse impact on the amenities of neighbouring properties as the window would be within the roofslope above the staircase, and consequently there would be limited views to neighbouring properties.

6.8 The changes to plots 3 and 4 are restricted to the replacement of the proposed French doors with a bi-fold doors. It is considered that the proposed amendment would not have an adverse impact on the character of the area, or the amenities of neighbouring properties due to the nature of the works proposed and the layout of the site.

6.9 The applicant seeks to amend plot 5 through the replacement of the approved French doors with bi-fold doors and the addition of a rooflight in the northern elevation. It is considered that the proposed addition of a rooflight in the northern elevation would not have an adverse impact on the amenities of neighbouring properties as the window would be within the roofslope above the staircase, and consequently there would be limited views to neighbouring properties.

Surface Water Drainage

6.10 Concerns have been raised relating to surface water drainage issues on the site. The previous application proposed landscaping on the front boundary of plot 1. It is considered that the removal of the landscaping to provide the proposed parking spaces may have implications for the disposal of surface water. It is therefore considered that a condition could be placed on the proposal which would require details of surface water drainage to be submitted to and approved by the Local Planning Authority to ensure that the site is properly managed in terms of drainage.

Issues Arising From Consultations

6.11 During the consideration of the application concerns were raised relating to the principle of the development of the site, the loss of landscaping, lack of bicycle parking, the parking of contractors vehicles, and the storage of materials on the public footpath. The development of the site was established at appeal in 2011. The appeal decision has been implemented on the site and consequently an objection could not be raised to the principle of the development. The control of the proposed landscaping for the proposal can be provided through a condition to allow landscaping to either side of the proposed access to the front of the site. With regards to bicycle parking it does not appear that the Inspector placed a condition on the appeal decision to control the provision of bicycle parking, it would therefore be difficult to object to the proposal on the grounds of loss of cycle parking if such facilities were not required as part of the original application. The County Council’s Public Rights of Way Team has noted that the footpath should not be obstructed by vehicles, plant, scaffolding or the storage of materials. However, the Public Rights of Way Team has also noted that action could not be taken if access is still available across most of the width of the public right of way. Condition 9 of the original appeal decision required that a Construction Method Statement was submitted which would provide for the parking of ITEM A4 - 7

vehicles of site operatives and visitors and the storage of plant and material to be adhered to throughout the construction period. It is considered that if there is a breach of the condition this matter could be investigated by the Council’s Compliance Team.

Conclusion

6.12 The principle of development has already been established on the site. It is considered that the proposed amendments to the scheme are acceptable and would not have an adverse impact on the amenities of adjoining properties, or the character of the locality in accordance with policy CP3 and DC9 of the Horsham District Local Development Framework.

7. RECOMMENDATIONS

7.1 That the application should be approved with the re-imposition of the conditions placed on DC/09/2117 with condition 11 and 12 amended to reflect the proposed changes, and the addition of a further landscaping, obscure glazing and drainage condition;

Condition 11 - No part of the development shall be occupied until the vehicle parking spaces have been provided in accordance with plans to be submitted to and approved in writing by the Local Planning Authority. The proposed parking areas shall thereafter be constructed in accordance with the approved plans and maintained as part of the development for their designated use. Reason: In the interests of road safety and in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

Condition 12 - Subject to the requirements of any of the aforementioned conditions the development hereby permitted shall be carried out in accordance with the following approved plans; Design & Access Statement - Planning Statement Drwg no. NONE Received: 17.07.2014, Supporting Docs - Electrical Plans Drwg no. 032 C Received: 17.07.2014, Elevation plan Drwg no. 033 Received: 17.07.2014, Elevation plan Drwg no. 034 Received: 17.07.2014, Elevation plan Drwg no. 035 Received: 17.07.2014, Section plan Drwg no. 040 Received: 17.07.2014, Section plan - Proposed Garage Section B-B Drwg no. 045 Received: 17.07.2014, Elevation plan Drwg no. 050 D Received: 17.07.2014, Roof plan Drwg no. 060 Received: 17.07.2014, Details plan Drwg no. 061 Received: 17.07.2014, Details plan Drwg no. 062 Received: 17.07.2014, Supporting Docs - Construction Notes, Specification Drwg no. 075 Received: 17.07.2014, Block plan Drwg no. 030 B Received: 17.07.2014, Section plan Drwg no. 014 B Received: 17.07.2014, Block plan Drwg no. 020 B Received: 17.07.2014, Roof plan Drwg no. 021 B Received: 17.07.2014, Supporting Docs Drwg no. 022 B Received: 17.07.2014, Elevation plan Drwg no. 023 Received: 17.07.2014, Section plan - Proposed Section A-A Drwg no. 024 Received: 17.07.2014, Roof plan Drwg no. 031 C Received: 17.07.2014, Floor plan Drwg no. 010 B Received: 17.07.2014, Roof plan Drwg no. 011 C Received: 17.07.2014, Supporting Docs - Proposed First Floor Electrical Plan Drwg no. 012 E Received: 17.07.2014, Elevation plan Drwg no. 013 A Received: 17.07.2014, Location & Site plan Drwg no. 003 Received: 17.07.2014, Location plan Drwg no. 001 Received: 17.07.2014, Block plan Drwg no. 009 A Received: 17.07.2014.

Condition 13 - No works or development shall take place unless and until full details of all hard and soft landscaping works have been submitted to and approved in writing by the Local Planning Authority. All such works as may be approved shall then be fully implemented in the first planting season, following commencement of the development hereby permitted and completed strictly in accordance with the approved details. Any plants or species which within a period of 5 years from the time of planting die, are removed, or become seriously damaged or diseased shall be replaced in the next planting ITEM A4 - 8

season with others of similar size and species, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure a satisfactory development and in the interests of amenity in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

Condition 14 - Construction of the development hereby approved shall not be commence until detail of the proposed means of foul and surface water sewerage disposal have been submitted to, and approved in writing by the Local Planning Authority in consultation with Southern Water. The agreed works shall thereafter and maintained as part of the development. Reason: To ensure that the development is properly drained.

Condition 15 - The proposed bathroom window of on plot 2 shall at all times be glazed with obscured glass precise details of which, together with details of any opening, shall be submitted to and approved by the Local Planning Authority in writing before installation. The approved glass and any agreed opening details shall be maintained at all times. Reason: To protect the amenities and privacy of the adjoining property and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

Background Papers: DC/14/1496, DC/09/2117

DC/14/1496 Noordwyjk

Scale : 1:1250

SLA Number 100018563

ITEM A5 - 1

DEVELOPMENT MANAGEMENT REPORT

TO: Development Management Committee BY: Development Manager DATE: 21st October 2014 New timber fence up to 2 meters high adjacent to the highway DEVELOPMENT: (Merrywood Lane) SITE: Rockwood House Rock Road Storrington Pulborough WARD: Chantry APPLICATION: DC/14/1422 APPLICANT: Mr Steven Thomas

REASON FOR INCLUSION ON THE AGENDA: More than 5 letters of objections have been received.

RECOMMENDATION: To Permit the application

1. THE PURPOSE OF THIS REPORT

To consider the planning application.

DESCRIPTION OF THE APPLICATION

The proposal seeks to define the rear residential boundary of Rockwood House by a 2m high timber acoustic fence, following the line of the property boundary some 3m back from the roadway edge.

The proposal does not set out the removal of any boundary trees.

DESCRIPTION OF THE SITE

The applicant property is a detached house that fronts Rock Road, within the settlement boundary of Storrington. Properties in this area are generally large and well-spaced with good-sized plots. The applicant property also has a rear garden boundary that faces onto Merrywood Road, a paved road with no footpaths, serving 11 residential properties at its southern end and leading up to a junction with Storrington Road.

Part of the applicant's boundary to the southern edge of the site, and the boundary of the adjacent neighbour at Amberley Cottage, is subject to a group Tree Preservation Order. Officers note that a blanket TPO covers the properties on the opposite side of Merrywood Road.

Contact Officer: Nicola Pettifer Tel: 01403 215382 ITEM A5 - 2

The applicant's current boundary is set some 3m back from the edge of the road and can be visibly defined in a couple of locations by a post-and-rail fence and some chain link fence. A number of mature Oak trees are set both outside and inside the line of the boundary along with other vegetation, much of which appears to be evergreen.

Boundaries on the opposite side of Merrywood Lane and adjoining the site to the north are all noted to serve as 'front' boundaries to the properties. Accordingly, these are much more open and defined by post-and-rail style rustic fencing or are vegetated.

The front boundary to the property called The Holt, set on the opposite side of Merrywood Road, is noted to be a solid timber fence to a height of around 1.8m set up against the highway edge and backed by vegetation. Although a planning application was refused by the Council in 2011 for retention of the new front boundary fence and gates, and subsequently appealed against, the fence line was subsequently moved to the inside line of the front boundary hedge, thus softening the resulting appearance.

2. INTRODUCTION

STATUTORY BACKGROUND

2.1 The Town and Country Planning Act 1990.

RELEVANT GOVERNMENT POLICY

2.2 National Planning Policy Framework (2012) · Section 7: Requiring Good Design · Section 11: Conserving and Enhancing the Natural Environment

RELEVANT COUNCIL POLICY

2.3 Local Development Framework: Core Strategy (2007) policies: · CP1: Landscape and Townscape Character · CP2: Environmental Quality · CP3: Improving the Quality of New Development

2.4 Local Development Framework: General Development Control Policies (2007) policies: · DC1: Countryside Protection and Enhancement · DC2: Landscape Character · DC9: Development Principles · DC40: Transport and Access

The emerging Horsham District Planning Framework (HDPF) was approved by Council on 30th April 2014 as the Council’s policy for planning the future of the District for the period 2011- 2031. Following a six week period of representations, the plan was submitted to the Government on 8th August 2014 for independent examination under Regulation 22 of the Town and Country Planning (Local Planning) (England) Regulations 2012. A Planning Inspector has commenced the examination of the HDPF. The outcome of the Examination is expected in early 2015 and Adoption of the HDPF by the Council is currently programmed in the Local Development Framework to be April 2015. The emerging plan is therefore a material consideration however it may overall, only be afforded limited weight in the assessment of this planning application. ITEM A5 - 3

PLANNING HISTORY

T/13/49 Layout for servants cottage REF

T/14/49 Temporary storage shed PER

T/15/49 Garage & workshop PER

T/50/97 New house and garage PER Site: Merrywood Corner Merrywood Lane Storrington

T/16/98 Double garage/store, reinstate 2 chimneys & erect entrance PER gates Site: Merrywood Corner Rock Road Storrington

T/37/98 Erection of one house PER Site: Adj Merrywood Corner Rock Road Storrington

DC/13/0280 Proposed first floor extension to rear elevation (Lawful PER Development Certificate - Proposed)

3. OUTCOME OF CONSULTATIONS

PUBLIC CONSULTATIONS

Washington Parish Council: Councillors met on 24th July to discuss the above planning application.

Members of the Planning and Transport Committee had visited the site and advised the Committee that the proposed fence would be sited behind an existing hedge. Councillors agreed not to object, provided there was no issue with West Sussex County Council Highways.

To date, 5 letters of representation have been received. The following objections have been raised:

· Roadside fencing would be at odds with the natural and charming character and environment of Merrywood Lane – mostly open fencing of trees and hedges · Removal of hedges or trees along roadside boundary is not ecological and would destroy natural rural nature of the road and natural pattern of trees and hedgerows in vicinity – loss of Rhododendrons which are growing through, providing annual colour · Proposal is at odds with current planning guidelines as similar applications for roadside fencing on Merrywood Lane have been refused (Similar proposal at The Holt was amended to site fence behind hedge line so that it was out of sight) · No solid fences along Merrywood Lane – would create a precedent · Proposal should be mindful of general look of Merrywood Lane · High fence will look out of place, ugly

4. HOW THE PROPOSED COURSE OF ACTION WILL PROMOTE HUMAN RIGHTS

ITEM A5 - 4

5. HOW THE PROPOSAL WILL HELP TO REDUCE CRIME AND DISORDER

5.1 It is not considered that the development would be likely to have any significant impact on crime and disorder.

6. PLANNING ASSESSMENTS

6.1 The key issues for consideration in relation to this proposal are:

· The principle of the development · Impact on the character and appearance of the surrounding area · Amenities of the occupiers of adjoining properties · Highway safety and capacity

Principle of the development

Officers note the new boundary treatments which are considered to be ‘adjacent to a highway used by vehicular traffic’ and over 1m in height are not considered to benefit from deemed planning permission under Article 3 of and Class A of Part 2 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 as amended (the GPDO). In this instance, Officers note that the proposed new fence is 2m in height and separated from the highway edge by a verge planting strip of some 3m.

Officers also do not consider it unreasonable to expect rear gardens to be enclosed by higher and more solid boundary treatments than front gardens, and therefore to benefit from a sense of enclosure, security and privacy. Officers also note that some of the vegetation along the applicant’s rear boundary onto Merrywood Road is not subject to any pruning restrictions and could be removed at any time. Owing to the nature of the existing boundary treatment along this section of the property, access onto the property would be possible.

Impact on the character and appearance of the surrounding area

Local Plan policies CS1 and CS3 require development to enhance and maintain the townscape character as well as to provide attractive, functional, safe, accessible and adaptable environments, which complement the varying character of the District.

Policy DC9 also states that development should be locally distinctive in character and should respect the character of the surrounding area (including its overall setting, townscape features, views and green corridors), and retain existing important landscaping and natural features.

In this instance, the wider character of Merrywood Lane is generally very verdant and lush appearing to be a rural lane. This character is helped by the retention of much of the established planting along the lane and the reinforcement of this planting in places. With one notable and nearby example at The Holt, front boundaries along this section of Merrywood Lane are generally of an open nature or have been defined by rustic-style post- ITEM A5 - 5

and-rail fences. Most of the residential properties are generously proportioned and are set back from the edge of the highway.

In this instance, the current fence line of the applicant property is set some 3m back form the road edge where some of the boundary vegetation is situated, and is therefore outside of the applicant’s control.

Officers note that the proposed application does not set out any specific pruning or hedge removal works as part of the proposed development, although the applicant acknowledges that some pruning works would be inevitable.

As referred to earlier in the report, only the trees covered by the Tree Preservation Order to the southern part of the boundary are subject to pruning restrictions. The lack of restrictions currently in place along the applicant’s boundary regarding pruning / removal works is a material consideration in this instance. Officers have therefore assessed the proposal on the basis of the retention of the highway planting and the restrictions in place concerning pruning works to any trees subject to the Tree Preservation Order (TPO/0932).

The siting of the proposed new fence, behind much of the retained vegetation would therefore not unduly compromise the existing visual character or rural setting of Merrywood Lane. However, it is recommended that a suitably worded condition could be added to any grant of approval, requiring details of pruning works along the boundary, including to any trees within the TPO.

Residential Amenities

The proposed new fence would not lead to any adverse impact on neighbouring residential amenities, by way of adverse loss of light or outlook, owing to distances of separation.

Highways Impact

The proposed fence would not directly abut the highway edge and would be set behind a 3m strip of verge planting. The location of the new fence would not impact any vehicular entrances on the site or on adjacent properties.

Therefore, the proposed fence would not present any highway safety issues.

Conclusion:

In the interest of maintaining the wider character of the Lane, officers conclude that subject to the use of a landscaping condition, setting out the precise nature of pruning works and removal of the boundary vegetation, the proposed development would be acceptable.

Therefore approval is recommended subject to the conditions shown.

7. RECOMMENDATIONS

Recommendation: Application Permitted

Conditions: ITEM A5 - 6

1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990.

2. Prior to the commencement of the development, details shall be submitted to and approved in writing by the Local Planning Authority of the necessary pruning works to the boundary along Merrywood Road, including any works required to the trees subject of Tree Preservation Order TPO/0932. All such works as may be approved shall then be fully implemented strictly in accordance with the approved details.

NOTE TO APPLICANT Please be advised that there are conditions on this notice that will require formal discharge. In order to secure the discharge you will need to submit an "Application for approval of details reserved by condition" application form and pay the appropriate fee, guidance and the forms can be found at www.planningportal.gov.uk/planning/applications/paperforms

Background Papers: DC/14/1422 DC/14/1422

Rockwood House

Scale : 1:1250

SLA Number 100018563

ITEM A6 - 1

DEVELOPMENT MANAGEMENT REPORT

TO: Development Management Committee BY: Development Manager DATE: 21 October 2014 Construction of two detached dwellings together with access and DEVELOPMENT: associated landscaping on land adjacent to Burrows SITE: Burrows Birch Tree Lane West Chiltington Pulborough WARD: Chanctonbury APPLICATION: DC/14/1054 APPLICANT: Mr J Judd

REASON FOR INCLUSION ON THE AGENDA: 5 letters of representation contrary to recommendation

RECOMMENDATION: To grant planning permission

1. THE PURPOSE OF THIS REPORT

To consider the planning application.

DESCRIPTION OF THE APPLICATION

1.1 The application seeks full planning permission for the erection of two detached 3 bedroom dwellings with double garage and parking area. The proposed dwellings would be located on land which was formerly part of the residential curtilage for ‘Burrows’, which is located on the western side of the site.

1.2 The site is served by an existing access drive, which serves a number of dwellings, including ‘Burrows’ and would enable access to the proposed two dwellings.

DESCRIPTION OF THE SITE

1.3 The site is located within the built up area of West Chiltington and lies to the south of Roundabout Lane. The site is surrounded on all sides by neighbouring dwellings, which comprise properties of varying size and design.

1.4 The site itself was formerly part of the residential property of Burrows, a small ‘Wells Cotttage’. The site lies to the east of the dwelling and at the time of the site visit a considerable level of vegetation had been cleared. There does however remain high level trees around the site boundary, in particular along the southern boundary.

Contact Officer: Doug Wright Tel: 01403 215522 ITEM A6 - 2

1.5 The site is accessed via a gravel track off Roundabout Lane, which serves the dwellings of ‘Carousel’, ‘Threeways’ and Burrows.

2. INTRODUCTION

STATUTORY BACKGROUND

2.1 The Town and Country Planning Act 1990.

RELEVANT GOVERNMENT POLICY

2.2 National Planning Policy Framework 2012 (NPPF)

· NPPF6 Delivering a wide choice of high quality homes · NPPF7 - Requiring good design

2.3 National Planning Policy Guidance 2014 (NPPG)

RELEVANT COUNCIL POLICY

2.4 The relevant Local Plan Policies are CP1, CP3 & CP5 of the Core Strategy (2007) and DC9, DC15 & DC40 of the Local Development Framework General Development Control Policies (2007).

2.5 The emerging Horsham District Planning Framework (HDPF) was approved by Council on 30th April 2014 as the Council’s policy for planning the future of the District for the period 2011-2031. Following a six week period of representations, the plan was submitted to the Government on 8th August 2014 for independent examination under Regulation 22 of the Town and Country Planning (Local Planning) (England) Regulations 2012. A Planning Inspector has commenced the examination of the HDPF. The outcome of the Examination is expected in early 2015 and Adoption of the HDPF by the Council is currently programmed in the Local Development Framework to be April 2015. The emerging plan is therefore a material consideration however it may overall, only be afforded limited weight in the assessment of this planning application.

PLANNING HISTORY

2.6 SG/38/84 Erection of dwelling & double garage PER Comment: Outline appeal allowed 23/12/85

WC/20/81 Car port PER Comment: Dual parish sg/12/81

3. OUTCOME OF CONSULTATIONS

The following section provides a summary of the responses received as a result of internal and external consultation, however, officers have considered the full comments of each consultee which are available to view on the public file at www.horsham.gov.uk

INTERNAL CONSULTATIONS

3.1 The Council’s Arboricultural Officer raises no objection subject to the imposition of conditions to protect the large oak tree.

ITEM A6 - 3

OUTSIDE AGENCIES

3.2 West Sussex County Council, as highway authority has no objections to the application. The existing access has suitable visibility and is adequate to support the additional two dwellings and adequate parking is provided on site.

PUBLIC CONSULTATIONS

3.3 West Chiltington Parish Council objects to the application, on the grounds that West Chiltington is a Category 2 settlement with no proved need for the 2 dwellings. The site is considered to be too small, whilst being poorly drained and concern is raised over damage to the existing trees on site.

If the application is approved conditions in respect of trees and drainage should be included.

3.4 9 letters of representation have been received, of which 6 were objections, 1 in support and 2 of comment.

Support

· Low density · In keeping with surrounding area

Objection

· Overdevelopment · Highway safety · Drainage · Trees

4. HOW THE PROPOSED COURSE OF ACTION WILL PROMOTE HUMAN RIGHTS

5. HOW THE PROPOSAL WILL HELP TO REDUCE CRIME AND DISORDER

5.1 It is not considered that the development would be likely to have any significant impact on crime and disorder.

6. PLANNING ASSESSMENTS

6.1 It is considered that the main issues in the determination of the application are:

· Principle of the development · Character & Appearance · Design & amenity · Parking & Access

ITEM A6 - 4

Policy Context

6.2 The National Planning Policy Framework (NPPF) sets out that there is a presumption in favour of sustainable development and that this should run through both plan-making and decision-taking. In terms of the determination of planning applications this should mean the approval of developments that accord with the development plan without delay, and that where the development plan is silent or relevant policies are out of date, that permission be granted unless the adverse impacts of doing so would significantly and demonstrably outweigh the benefits, or policies of the NPPF indicate otherwise.

6.6 Sustainable development is seen within the NPPF as having three roles, namely an economic, social and environmental role which should be a golden thread running through both plan making and decision taking. Paragraph 9 notes that sustainable development involves seeking positive improvements in the quality of the built, natural and historic environment, as well as in people’s quality of life, including (but not limited to):

6.7 In respect of strategic housing land supply within the Authority Paragraph 49 of the NPPF states that:

‘Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five-year supply of deliverable housing sites.’

In this regard, it has been accepted by the Council that it is unable to meet this requirement and for this reason the Council must rely upon the provisions of Paragraph 14 of the Framework to consider the submitted application. This states that:

“… at the heart of the National Planning Policy Framework is a presumption in favour of sustainable development. Where the development plan is absent, silent or relevant policies are out-of-date the Council must consider favourably applications for housing development and should grant permission unless: · any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or · specific policies in this Framework indicate development should be restricted.”

Principle of Development

6.8 The starting point for the determination of this application is the fact the Council does not have a five year housing land supply, and the proposed development would make a small contribution towards meeting the housing needs of present and future generations. An assessment must therefore be made as to whether the proposal can be considered to be sustainable development in terms of the economic, social and environmental roles as set out in the NPPF.

6.9 Whilst the construction of the proposed dwellings could potentially generate employment, this would be minimal given the level of development proposed. In this respect, the proposal would not contribute to the local economy to any significant degree.

ITEM A6 - 5

6.10 The site lies within the built up area for West Chiltington. Policy CP5 defines West Chiltington as a category 2 settlement, due to its limited services and facilities and therefore development of this nature would generally be resisted. However Inspectors in recent appeal decisions (DC/12/1431 - Old Oaks, Spinney Lane & DC/13/1460 - Timbers, Fir Tree Lane) in the Parish have considered a development of this nature to be 'small scale' and therefore not required to justify a 'local need', whilst also considering West Chiltington to be a sustainable location. Copies of the appeal decisions are appended to this report. In the circumstances, it is considered that the proposal would meet the aims of the NPPF.

Design & Amenity

6.11 Policy DC9 of the General Development Control Policies (2007) states development should be "of a high standard of design…..and where relevant relates sympathetically with the built surroundings".

6.12 The site is located in what was formerly part of the residential curtilage of ‘Burrows’ being the largest site within the immediate area. The surrounding plots are large, though of differing shapes with dwellings of varying styles and size. The site itself is a narrow triangular shape with access at the northern most point. The plots would be accessed via a track off Roundabout Lane, which serves a number of other dwellings. Detached garages would be located to the front of the proposed dwellings within an area for parking & turning.

6.13 The area of West Chiltington is renowned for its ‘Well’s Cottages’, however it is equally well known for its low density housing, consisting of dwellings of varying styles. Many of the surrounding dwellings are of varying styles, such as ‘Carousel’ & ‘Threeways’, which lie to the north of the site and use the aforementioned access track. Whilst the proposed dwellings do not reflect the ‘Well’s Cottage’ style in terms of design, nevertheless they are located within spacious plots with a large area of amenity space, which is considered to be in keeping with surrounding development.

6.14 Policy DC9 of the General Development Control Policies (2007) states planning permission will be granted where developments "do not cause unacceptable harm to the amenity of occupiers/users of nearby property and land, for example through overlooking or noise, whilst having regard to the sensitivities of surrounding development".

6.15 It is considered that given the separation distance to the neighbouring dwellings and the level of boundary vegetation, the proposed dwellings would not materially affect the amenities of the neighbouring dwellings. Therefore the proposal would comply with policy DC9, in respect of the above.

Parking & Access

6.16 Policy DC40 of the General Control Development Policies states Development will be permitted if it provides a safe and adequate means of access. The County Surveyor has advised that the existing access has suitable visibility and would be able to serve two additional dwellings and therefore would be unlikely to result in any highway safety or capacity issues when compared with the existing permitted use. The site would provide at least 2 parking spaces for each dwelling and would have an adequate turning area. It is considered that there would not be any concerns from a highway safety perspective and the proposal would therefore comply with Policy DC40.

Conclusion

6.17 Having regard to Inspectors comments in recent appeal decisions it is considered that the erection of the proposed dwellings in this location would be considered acceptable. The ITEM A6 - 6

proposed plots are appropriate in scale and location and would have no detrimental impact upon neighbouring residential amenity or on highway safety. The proposal is therefore considered to comply with the relevant policies of the Horsham District Local Development Framework General Development Control Policies Document (2007) and the aims of the NPPF.

6.18 Accordingly it is considered that the proposal is acceptable in terms of the relevant policies of the Horsham District Local Development Framework General Development Control Policies Document (2007).

7. RECOMMENDATIONS

7.1 It is recommended that permission be granted subject to the following conditions:

1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990.

2 No development shall be commenced unless and until a schedule of materials and samples of such materials and finishes and colours to be used for external walls and roofs of the proposed building(s) have been submitted to and approved by the Local Planning Authority in writing and all materials used shall conform to those approved.

Reason: To enable the Local Planning Authority to control the development in detail in the interests of amenity by endeavouring to achieve a building of visual quality in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

3 Before development commences precise details of the finished floor levels of the development in relation to a nearby datum point shall be submitted to and approved by the Local Planning Authority in writing. The development shall be completed in accordance with the approved details.

Reason: To control the development in detail in the interests of amenity and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

4 The dwelling(s) shall achieve a Code Level 3 in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (or such national measures of sustainability for house design that replaces that scheme). No dwelling(s) shall be occupied until a Final Code Certificate has been issued for it certifying that Code Level 3 has been achieved.

Reason: To ensure the dwelling makes the most efficient use of renewable energy and to comply with policy DC8 of the Horsham District Local Development Framework: General Development Control Policies (2007).

5 No development shall take place until details of screen walls and/or fences have been submitted to and approved in writing by the Local Planning Authority and no dwellings/buildings shall be occupied until such screen walls and/or fences associated with them have been erected. Thereafter the screen walls and/or ITEM A6 - 7

fences shall be retained as approved and maintained in accordance with the approved details.

Reason: In the interests of amenity in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

6 The dwelling(s) hereby permitted shall not be occupied unless and until provision for the storage of refuse/recycling bins has been made within the site in accordance with details to be submitted to and approved in writing by the local planning authority.

Reason: To ensure the adequate provision of recycling facilities in accordance with policy CP2 of the Horsham District Local Development Framework: Core Strategy (2007).

7 No work shall be carried out on the site unless and until an effective vehicle wheel- cleaning facility has been installed in accordance with details approved by the Local Planning Authority in writing and such facility shall be retained in working order and operated throughout the period of work on the site to ensure that vehicles do not leave the site carrying earth and mud on their wheels in a quantity which causes a nuisance, hazard or visual intrusion from material deposited on the road system in the locality.

Reason: In the interests of road safety and in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

8 No work shall be carried out on site with the exception of the construction of the site access and construction parking areas, until there is available within the site provision for an appropriate level of parking having regard to the nature of the site, together with suitable provision for the loading and unloading of vehicles and the storage of materials and equipment associated with the building works; all in accordance with precise details to be approved by the Local Planning Authority in writing before development commences. The approved facilities shall be retained and available for use throughout the period of work required to implement the development hereby permitted unless alternative details are agreed in writing by the Local Planning Authority.

Reason: In the interests of road safety and/or in the interests of amenity and in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

9 Prior to the occupation of any part of the development hereby approved full details of all hard and soft landscaping works shall be submitted to and approved in writing by the Local Planning Authority . All such works as may be approved shall then be fully implemented in the first planting season, following commencement of the development hereby permitted and completed strictly in accordance with the approved details. Any plants or species which within a period of 5 years from the time of 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 otherwise agreed in writing by the Local Planning Authority.

10 All works shall be executed in full accordance with the submitted Arboricultural Method Statement.

Reason: To ensure the successful and satisfactory retention of important trees, shrubs and hedges on the site in accordance with policies DC2 and DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

11 No trenches or pipe runs for services, drains, or any other reason, [further to those indicated on drawing number 000/000 dated 00/00/00] shall be excavated anywhere within the root protection area of any tree or hedge targeted for retention on or off the site without the prior written approval of the Local Planning Authority.

Reason: To protect roots of important trees and hedgerows on the site in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

Background Papers: DC/14/1054 DC/14/1054

Burrows

Scale : 1:2500

SLA Number 100018563

ITEM A7 - 1

Agenda Item Report PC Report to Development Management Committee South Date of Committee 21st October 2014 By Director of Planning Local Authority Horsham District Council

Application No: SDNP/14/03439/FUL Validation Date 8th August 2014 Target Date: 23rd Octorber 2014 Applicant: Royal Society of the Protection of Birds (RSPB) Proposal: To provide temporary welfare facilities, an education shelter and a trailside composting toilet Site Address RSPB, Wiggonholt, Pulborough, West Sussex, RH20 2EL

Purpose of Report The application is reported to Committee for a decision as the site area is over 1000sq.m and is therefore considered as a ‘Major’ application.

Recommendation: That the application be approved for the reasons set out in paragraph 10.1 of this report.

Executive Summary

1. Site Description

The Pulborough Brooks site is located within the South Downs National Park. The Brooks occupy an open landscape setting west of the Wiggonholt hamlet. The main site is approached by an access drive leading from the A283 - Pulborough to Storrington road.

The site serves as a parkland characterised by unspoilt flat lands, and occupied by a number of rural agricultural buildings.

Development Management, Horsham District Council, Park North, North Street, Horsham, RH12 1RL Tel: 01403 215187 Email: [email protected] ITEM A7 - 2 The visitors centre is located to the south of Wigonholt and is called Upperton’s Barn. The car park is located to the east of the visitors centre (Upperton Barn).

The site sprawls to the northwest occupied by Watermeadows accessed by a series of tracks and pathways. The land directly to the south of Upperton’s Barn is occupied by woodlands also served by pathways.

2. Relevant Planning History

PR/1/95 Extension to agricultural machinery and workshop building Site: R S P B Nature Reserve Wiggonholt Pulborough Permitted 22.03.1995 –

PR/11/98 Single-storey extensions for classroom & store Site: Uppertons Barn Wiggonholt Pulborough Permitted 18.11.1998

3. Proposal

The application seeks permission for the erection of two permanent structures and one temporary welfare facility, all of which are part of a programme of enhancement at the RSPB Pulborough Brook site.

The Welfare facility would consist of a 9m (L) by 2.5m (d) by 2.5m (h) prefab steel flat roof cabin. Its proposed location would be within the existing storage compound abutting the southern boundary of Upperton Barn. The compound would continue to be occupied by two existing temporary storage cabins and bound by a wattle fence with hazel planting. The applicant seeks permission for the welfare facility for a temporary period of 5 years.

Permission for the erection of an education shelter and composting toilet is required on a permanent basis. The education shelter would consist of an open- sided timber 6.2m (w) by 4m (w) by 2.7m (h) and located within “Fattengates” former farm yard abutting redundant farm buildings north of the visitor centre.

The composting toilet would be 2.5m (d) by 1.9m (w) to a height of 2.5m finished with a galvanised flue and cowl to an additional height of 1.2m. The structure would be built in timber weather boarding with a corrugated roof. The toilet would be the only facility for visitors in a location approx. 1km north of Upperton Barn.

4. Consultations

Parish Council has no objections to the proposals.

5. Representations

Owing to the remote location of the application site and the size of the wider holding, no neighbouring properties were consulted. However, a public notice was displayed at the entrance to Pulborough Brooks access drive, and a newspaper advert was placed in the local press.

No neighbour or public representations have been received.

ITEM A7 - 3

6. Policy Context

6.1 Applications must be determined in accordance with the Development Plan unless material considerations indicate otherwise. The statutory development plan in this area is the Horsham District Local Development Framework (2007). The relevant policies to this application are set out in section 7, below.

National Planning Policy Framework (NPPF) and Circular 2010

Government policy relating to National Parks is set out in English National Parks and the Broads: UK Government Vision and Circular 2010 and The National Planning Policy Framework (NPPF) which was issued and came into effect on 27 March 2012. The Circular and NPPF confirm that National Parks have the highest status of protection and the NPPF states at paragraph 115 that great weight should be given to conserving landscape and scenic beauty in the National Parks and that the conservation of wildlife and cultural heritage are important considerations and should also be given great weight in National Parks.

6.2 National Park Purposes

The two statutory purposes of the SDNP designation are:

· To conserve and enhance the natural beauty, wildlife and cultural heritage of their areas; · To promote opportunities for the public understanding and enjoyment of the special qualities of their areas.

If there is a conflict between these two purposes, conservation takes precedence. There is also a duty to foster the economic and social well-being of the local community in pursuit of these purposes.

6.3 Relationship of the Development Plan to the NPPF and Circular 2010

NPPF Section 3 – Rural Economy NPPF Section 7 - Requiring Good Design NPPF Section 11 - Conserving and enhancing the natural environment

ITEM A7 - 4 6. 4 The South Downs Partnership Management Plan The South Downs Partnership Management Plan (SDPMP) was adopted on 3 December 2013. It sets out a Vision and long term Outcomes for the National Park, as well as 5 year Policies and a continually updated Delivery Framework. The SDPMP is a material consideration in planning applications and has some weight pending adoption of the SDNP Local Plan. The following Policies and Outcomes are of particular relevance to this case:

· Policy 1 – Conserving and enhancing the natural beauty and special qualities of the landscape · Policy 3 – Dark Skies · Policy 4 – Habitat · Policy 29 – Enhancing Health & Wellbeing · Policy 34 – Support of Community initiatives · Policy 41- Visitor Enjoyment · Policy 43 – Recreation and tourism facilities · Policy 44 – encourage and support tourism · Policy 45 – high quality learning experience

7. Planning Policy

The following policies of the Horsham District Local Development Framework (2007) Core Strategy and General Development Control are relevant to this application:

· CP1 – Landscape and Townscape Character · CP3 – Improving the Quality of New Developments · CP15 – Rural Strategy · CP18 - Tourism

· DC1 – Countryside Protection and Enhancement · DC2 – Landscape Character · DC9 – Development Principles · DC39– Tourism

The Horsham District Planning Framework (HDPF) Proposed Submission was submitted to the Secretary of State on Friday 8th August 2014. The HDPF Proposed Submission is considered a material consideration within limited weight in the assessment of this application.

8. Planning Assessment

Principle:

Policy DC1 does not permit development outside built-up area boundaries unless it is considered essential to its countryside location and meets one of the following criteria:

o Supports the needs of agriculture or forestry; ITEM A7 - 5 o Enables the extraction of minerals or the disposal of waste;

o Provides for quiet informal recreational use; or,

o Ensures the sustainable development of rural areas.

The proposal, falling outside of the defined built-up area boundary, would need to satisfy the above criteria, in order to be acceptable in principle.

In this instance, the supporting statement justifies that the proposals would be essential to provide much needed facilities to aid the quiet informal recreational use at the Pulborough Brooks site. The application follows previous discussions with the applicant where it was considered a certain level of temporary and permanent facilities would be looked upon favorably subject to siting, scale and appearance.

Officers consider the proposals would not increase the level of activity but would aid and allow for essential facilities to support the increasing numbers of visitors drawn to the site as a visiting attraction within the South Down National Park area, supporting a number of the visions set out in the SDPMP.

Scale and Appearance:

The siting, scale and design of the composting toilet and education shelter are considered not to compromise the countryside location. In particular the education shelter would be naturally screened by a redundant farm structure abutting mature vegetation. The composing toilet is proposed to sit again a natural backdrop of existing trees providing some visual screening.

Both of these structures would sit within the wider boundaries of the Pulborough Brooks. Owing to the design, size, and siting the officers consider these permanent additions to be appropriate and acceptable.

The temporary welfare facility would sit within the existing compound area against a backdrop of a wattle fencing which is with planted hazel. The resulting layout of temporary cabins within the compound area and the location of the proposed welfare facility against the southern boundary is considered to limit any undue harm to the wider character and setting of the Upperton Barn visitor centre to the North West. However, officers do consider that the boundary treatment and colour finish for the proposal facility should be agreed subject to condition to ensure temporary structures do not compromise the character of the locality.

9. Conclusion

The proposal we noted to be the erection and provision of structures and facilities, to facilitate improvements of the site as a major visitor attraction within the South Down National Park. The proposals would allow the Pulborough brooks site to continue to improve the way it functions. Temporary permission for the welfare facility is to be restricted to 5 years from the date of permission allowing for a more permanent solution to be considered, whilst permanent permissions for the WC and Shelter are recommended.

ITEM A7 - 6 Accordingly, Officers consider that the proposal accords with local and national policies, and does not conflict with the statutory South Downs National Park designations.

10. Recommendation

It is recommended that the application be permitted subject to the conditions shown.

01. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with the provisions of Section 91 (1) of the Town and Country Planning Act 1990 (as amended). To comply with Section 51 of the Planning and Compulsory Purchase Act 2004

02. The Welfare facility hereby permitted shall be removed and the land restored on or before the 23rd October 2019 to a condition which has been previously agreed in writing by the Local Planning Authority. Reason: The proposed development is not considered satisfactory as a permanent measure.

03 The materials to be used in the development hereby permitted shall strictly accord with those indicated on the approved details associated with the application. Reason: To enable the Local Planning Authority to control the development in detail in the interests of amenity and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

04. Before development commences precise details of the colour finish for the temporary welfare facility hereby permitted shall be submitted to and approved by the Local Planning Authority in writing. The development shall be completed in accordance with the approved detail. Reason: To enable the Local Planning Authority to control the development in detail in the interests of amenity and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

05. No external lighting or floodlighting shall be installed without the prior written approval of the Local Planning Authority on an application in that behalf. Any that is installed with the permission of the Local Planning Authority shall be maintained in accordance with the approved details.

Reason: In the interests of the amenities of the locality and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

11. Crime and Disorder Implications

It is considered that this planning application does not raise any crime and disorder implications. ITEM A7 - 7

12. Human Rights Implications

Due regard, where relevant, has been taken of the National Park Authority's equality duty as contained within the Equalities Act 2010.

13. Equalities Act 2010

This planning application has been considered in light of statute and case law and any interference with an individual's human rights is considered to be proportionate to the aims sought to be realised.

Tim Slaney Director of Planning South Downs National Park Authority

Case Officer Details Name: Stuart Corbey Tel No: 01403 215633 Email: [email protected] ITEM A7 - 8 Appendix 1

Site Location Map

The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.

This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. South Downs National Park Authority, Licence No. 100050083 (2012) (Not to scale).

ITEM A8 - 1

DEVELOPMENT MANAGEMENT REPORT

TO: Development Management Committee (South) BY: Development Manager DATE: 21st October 2014 Discharge of Planning Obligation S106 608 relating to planning DEVELOPMENT: permission WG/50/92 (Stationing of three residential caravans) SITE: Oaklands Honeybridge Lane Dial Post West Sussex WARD: Cowfold,Shermanbury and West Grinstead APPLICATION: DC/14/1361 APPLICANT: Mr M Gray

REASON FOR INCLUSION ON THE AGENDA: Category of Development - the original S106 agreement originated from a committee resolution

RECOMMENDATION: That the application to remove the planning obligation is agreed

1. THE PURPOSE OF THIS REPORT

To consider the planning application.

DESCRIPTION OF THE APPLICATION

1.1 The application seeks to discharge planning obligation S106 608 which was attached to planning permission WG/50/92. Application WG/50/92 granted planning permission for three mobile homes to be stationed on the site. The mobile homes were subject to a personal condition limiting the occupation of the mobile homes to the applicant and her family.

1.2 The legal agreement linked to the planning permission required that;

· No caravan or mobile home or any other structure adapted for residential use shall be stationed on the land edged red (with the exception of those caravans permitted by the permission and a maximum of three touring caravans which may be stored on the land and which are ancillary to that Permission). · Any touring caravan stored on the land ancillary to the Permission shall not be used for residential purposes whilst stationed on the land. · No caravan or mobile home or any other structure adapted for residential use whatsoever shall be stationed on the land edged blue on the plan. · No further development requiring the grant of planning permission will be carried out on the land edged blue or the land edged red.

Contact Officer: Nicola Mason Tel: 01403 215289 ITEM A8 - 2

DESCRIPTION OF THE SITE

1.3 The application site is situated in a rural location to the west of Grinders Lane. To the north and west of the site is the garden centre known as Old Barn Nurseries. On the western boundary of the site is a panel fence with a conifer hedge and wire link fence along the northern boundary. Within the site are three static mobile homes on associated hardstanding with a central shared access drive. There are also touring caravans on the site.

2. INTRODUCTION

STATUTORY BACKGROUND

2.1 The Town and Country Planning Act 1990.

RELEVANT GOVERNMENT POLICY

2.2 National Planning Policy Framework 2012 (NPPF)

NPPF6 - Delivering a wide choice of high quality homes NPPF7 - Requiring good design NPPF8 - Promoting healthy communities

2.3 Planning Policy for Traveller Sites

2.4 National Planning Policy Guidance (2014)

RELEVANT COUNCIL POLICY

2.5 Local Development Framework Core Strategy Policy CP1 (Landscape and Townscape Character), CP2 (Environmental Quality) CP3 (Improving the Quality of New Development), CP5 (Built up Areas and Previously Developed Land) and CP16 (Inclusive Communities).

2.6 General Development Control Policies DC1 (Countryside Protection and Enhancement), DC2 (Landscape Character), DC3 (Settlement Coalescence), DC9 (Development Principles), DC28 (House Extensions, Replacement Dwellings and Ancillary Accommodation) and DC32 (Gypsies and Travellers) are also considered relevant to this application.

ITEM A8 - 3

PLANNING HISTORY

2.8 DC/14/0875 – In June 2014 condition 3 of WG/50/92 was removed to enable the site to be occupied by any Gypsy or Traveller as defined in Annexe 1 of Planning Policy for traveller Sites (Department for Communities and Local Government 2012).

2.9 DC/13/2213 – An application to replace the existing mobile homes with four detached dwelling was refused in February 2014.

2.10 DC/13/1673 - In October 2013 an outline application for the replacement of the existing mobile homes with four detached bungalows and access was refused.

2.11 WG/24/00 - In August 2000 an application for a replacement mobile home and shed was approved

2.12 WG/50/92 - In February 1995 an application for the stationing of three caravans on the site was approved.

2.13 WG/49/91 - In September 1991 outline planning permission was refused and dismissed at appeal for the construction of a bungalow and access

2.14 WG/25/82 - In November 1982 permission was granted for the renewal of temporary permission WG/41/79.

2.15 WG/8/80 - In July 1981 an appeal was allowed for the stationing of a caravan on the site

2.16 WG/41/79 - In October 1979 planning permission was granted for the temporary stationing of a caravan

3. OUTCOME OF CONSULTATIONS

INTERNAL CONSULTATIONS

3.1 None undertaken

OUTSIDE AGENCIES

3.2 None undertaken

PUBLIC CONSULTATIONS

3.3 West Grinsted Parish Council has raised no objection to the application.

4. HOW THE PROPOSED COURSE OF ACTION WILL PROMOTE HUMAN RIGHTS

5. HOW THE PROPOSAL WILL HELP TO REDUCE CRIME AND DISORDER

ITEM A8 - 4

5.1 It is not considered that the development would be likely to have any significant impact on crime and disorder.

6. PLANNING ASSESSMENTS

6.1 The proposal seeks to remove the requirements contained within S106 608 and as detailed in paragraph 1.2 above. Since the signing of the S106 and the granting of planning permission (WG/50/92) an application for a replacement mobile home and shed has been approved (WG/24/00), and an application for the removal of the personal condition attached to WG/50/92 has also been approved allowing the site to be occupied by any persons who meet the definition of Gypsy or traveller as defined in Annexe 1 of the Planning Policy for Traveller Sites 2012 (DC/14/0875).

6.2 The site as a whole currently has planning permission to be occupied by three mobile homes for occupation by Gypsies and Travellers. The existing mobile homes on the site at present occupy both the red and blue areas identified in the legal agreement, and this has been the situation since 2000 (WG/24/00). Due to the limited area of the red land, the three approved mobile homes and touring caravans would be constrained to an area to the front of the site with limited spacing between the units. On inspection of the planning application documents the area edged in blue on the S106 has also been included within the application documents from the year 2000 onwards, as being within the development site. Within the site itself there is no delineating features which indicate the separate areas of the site, and it appears as a unified block of land surrounded by Old barn Nurseries to the north, and west. It is therefore considered taking into consideration the approved permissions on the site and the areas occupied by the mobile homes that the proposed S106 no longer serves an appropriate purpose, and its removal would not have an adverse impact on the character of the locality.

6.3 The S106 agreement was originally placed on the land to control the further development of the site. However, mobile homes do not benefit from permitted development rights and consequently any additional development would require planning permission. Conditions placed on WG/50/92, WG/24/00 and DC/14/0875 also restrict the number of units on the site and control who can occupy the mobile homes. Planning permission would also be required if the touring caravans on the site were occupied as independent units of accommodation. It is therefore considered that the obligation to restrict any further development of the site to control future development could be appropriately managed through the planning system. It is therefore considered that this element of the legal agreement should be removed.

6.4 In conclusion as a result of subsequent permissions for development on the site there is a discrepancy between the approved plans and the requirements of the S106. It is therefore considered taking into account the controls that exist on the site through conditions, and the lack of permitted development rights,- that the proposed removal of the legal agreement would not result in any material change to the development of the site as it stands, and that the planning system would be an effective control to manage further development of the site.

7. RECOMMENDATIONS

7.1 That the application to remove the planning obligation is agreed.

Background Papers: WG/50/92, DC/14/0875 and DC/14/1361 DC/14/1361

Oaklands

Scale : 1:1000

SLA Number 100018563