District Council

Planning Committee

Wednesday 14 November 2018

Report of the Director of Planning and Environment

Services Schedule of Planning Appeals, Court and Policy Matters

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

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

* - Committee level decision. 1. NEW APPEALS Reference/Procedure Proposal

17/01368/FUL Xavier House 5 Ettrick Road Chichester West - Chichester Parish Replacement of Victorian lean-to with a two storey rear extension. Case Officer: Fjola Stevens

Written Representation

SDNP/18/02228/ADV Gillhams Service Station Lane Easebourne Easebourne Parish Council GU29 9AZ - 1 no. illuminated Wild Parish Bean Cafe Sign, 1 no. illuminated M S Tower Sign, 1 no. illuminated Fascia Sign, 2 no. non illuminated WBC Poster Case Officer: Rafa Grosso Signs and 2 no. non illuminated AO Poster Signs. Macpherson Householder Appeal

SDNP/17/05928/FUL Home Farm Bell Road Kingsley Green GU27 Fernhurst Parish Council 3LG - Installation of new vehicular access to agricultural Parish field and five bar gate. Case Officer: Rafa Grosso Macpherson Written Representation Reference/Procedure Proposal

SDNP/18/00843/FUL Bowling Green June Lane Midhurst West Sussex GU29 Midhurst Town Council Parish 9EL - Demolition of existing bowls club buildings and erection of 5 no. dwellinghouses with associated Case Officer: Charlotte landscaping and parking and creation of new vehicular and Cranmer pedestrian access. Written Representation

17/02572/FUL Land On The East Side Of The Lane West Sussex - Plaistow And Ifold Parish Erection of 1 no. detached 4 bedroom dwelling.

Case Officer: Claire Coles

Written Representation

17/03545/FUL Little Wephurst Walthurst Lane RH14 0AE - Plaistow And Ifold Parish Replacement dwelling, following demolition of an existing dwelling. Case Officer: Louise Kent

Written Representation

17/03086/FUL 1 Corner Arundel Road PO18 0DU - Tangmere Parish Erection of 1 no. 3 bed dwelling.

Case Officer: Maria Tomlinson Written Representation

SDNP/18/01704/FUL Buildings West of The Manor of Dean Dean Lane Tillington Tillington Parish Council West Sussex - Change of use of an agricultural building Parish and the demolition and erection of another, to create a one bedroom holiday let. Case Officer: Charlotte Cranmer Written Representation Reference/Procedure Proposal

17/03457/DOM Albion House Road RH14 Wisborough Green Parish 0BH - Construction of single storey side and rear extension.

Case Officer: Beverley Stubbington Written Representation 17/03458/LBC Albion House Petworth Road Wisborough Green RH14 Wisborough Green Parish 0BH - Construction of single storey side and rear extension.

Case Officer: Beverley Stubbington Written Representation 2. DECISIONS MADE Reference/Procedure Proposal

17/02433/FUL Bon Ami Peerley Road PO20 8DW - East Wittering And Erection of 1 no. bungalow - resubmission of Bracklesham Parish EW/17/00240/FUL. Case Officer: Maria Tomlinson Written Representation Appeal Decision: APPEAL DISMISSED “…The proposed bungalow would be sited close to the boundary …….. at odds with the more spacious setting that currently prevails between the properties close by...... the proposed relationship would appear awkward and cramped …….. The variety of design, style and materials in the locality does not justify the introduction of what is evidently poor design which does not take the opportunity to improve the character and quality of the area and which the Framework advises should be refused. … The proposal would subdivide the existing plot …… the sole remaining space for the future occupants of the property … would provide a small and heavily shadowed area which ……..would not provide for acceptable space for the future residents of this dwelling. The proposed bungalow would be reasonably tight to the rear boundary with only a relatively small offset, in the region of 5m. This would not provide for a good quality space for outdoor amenity. ……. Without a reasonable area of usable private space in combination with the more open space the proposal does not provide for a good standard of amenity for the future residents of the property. … On the basis of the conclusions above I conclude that the proposed development would result in material harm to the character and appearance of the area and does not provide for acceptable living conditions for future occupiers. …” Reference/Procedure Proposal

Appeal Decision: APPEAL DISMISSED, ENFORCEMENT NOTICE UPHELD 15/00202/CONAGR Ham Farm Church Lane Oving West Sussex PO20 2BT - Oving Parish Appeal against new agricultural building, earth bund and access track. Case Officer: Reg Hawks

Written Representation 3173331 The enforcement notice, number O/25 3173333 The enforcement notice, number O/26

Appeal A Ground (g) … The time allowed for compliance is 3 months, which is sufficient time to arrange and submit an application for a change of use… given the need to remedy the harm that is being caused, that the period allowed for the remedy is reasonable and appeal on ground (g) fails.

Appeal B Ground (a) and Deemed Planning Application …The current use of this building is the same as the main part of the site: commercial storage of caravans, leisure vehicles and boats… I consider that the mainly rural character and appearance remains and that to allow a further use that would erode the character of the area and would cause considerable harm… The use of the site results in a large number of stored vehicles in the countryside. While the appellant indicates there is a considerable need for this type of storage, which I accept, there is no sufficient reason provided why it should be in the countryside. It does not comply with policies restricting development other than that requiring a countryside location. While the rate of traffic movement to and from the site is not likely to be great for this type of storage use, it nevertheless means overall there will be more vehicles in the countryside than need to be there. The stored vehicles are seen as alien and incongruous in the countryside… The appeal on ground (a) fails and the deemed planning application will be refused.

Reference/Procedure Proposal

Appeal Decision: APPEAL DISMISSED, ENFORCEMENT NOTICE UPHELD 16/00359/CONTRV Land Adj To Ham Road West Sussex - Appeal Sidlesham Parish against the stationing of a mobile home

Case Officer: Emma Kierans

Informal Hearing “… Without planning permission, material change of use of the land to a mixed use for agriculture and keeping/ breeding horses and use as a residential caravan/ mobile home site. … The enforcement notice be varied by the deletion of the words “Six months” as the time period for compliance at section 6 and the substitution of the following words “Twelve months”. … The fragmentation caused by the proposed landscaping would have the opposite effect, being harmful of itself whilst failing to adequately mitigate against the harmful visual impact of the caravans. The harm to the character and appearance of the area, as described, is contrary to the aims of policy 48 of the Local Plan, particularly sub- sections 2 and 3 and the second limb of sub-section 1 of that policy and the aims of paragraph 26(b) of the PPTS. … The residential elements would appear incongruous and cluttered and the harm would not be off-set by the proposed mitigation. The harmful effects would be noticeable from surrounding vantage points as a result of the prominent position of the site in the landscape, particularly when viewed from Keynor Lane. … In view of the above, my concerns with regard to flood risk weigh extremely heavily against the grant of planning permission in relation to both appeals. … My concerns relating to flood risk would not be tempered by any notable degree if considered in the context of a temporary permission. … Based upon the information before me the development is clearly contrary to local and national planning policy and I attach the upmost weight to those matters, having regard to the potential consequences. … Thus, in environmental terms, the site is poorly located and likely to facilitate unsustainable trip generation, contrary to the policies identified above. … There has been no new provision of permanent public pitches, contrary to the recommendation in the 2013 GTAA, even though the waiting lists in relation to the existing sites continue to grow. Consequently, I find that the Council is unable to demonstrate a robust calculation of need or demonstrate that it can identify a five-year supply of sites to meet that need. … Transit sites and bricks and mortar accommodation would be unlikely to offer associated land for the keeping/ breeding of horses and no sites that would provide such capability have been put forward. … Thus, I conclude that there is unmet need and that the Council is unable to demonstrate a five-year supply of sites to meet the likely level of need. … Thus, I conclude that there is unmet need and that the Council is unable to demonstrate a five-year supply of sites to meet the likely level of need. … However, even when those personal factors are taken into account I am unconvinced that continued occupation of the site is in the best interests of the family and the children. … I have concluded that the development has caused harm to the landscape character and the appearance of the area and that harm could not be satisfactorily mitigated through the use of conditions. … I attach the upmost importance and weight to my concerns relating to the potential for the site to flood and find that the location of the site is unsuitable for residential development. … As for Appeal A, the development would be contrary to the relevant policies of the development plan. … Thus, the development, either in relation to Appeal A or Appeal B is not acceptable for a time limited period. … Accordingly, to dismiss Appeal on ground (a) and uphold the enforcement notice and to dismiss Appeal B would Reference/Procedure Proposal

Appeal Decision: APPEAL DISMISSED, ENFORCEMENT NOTICE UPHELD - Cont not result in a violation of their rights under Article 8. … Thus, the ground (g) appeal succeeds to that extent and I shall vary the terms of the notice accordingly. For the reasons given above I conclude that the development is unacceptable and that the appeal should not succeed. Accordingly I shall dismiss the appeal, refuse to grant planning permission on the deemed application and uphold the enforcement notice. Appeal B - For the reasons given above I conclude that the appeal should be dismissed.” 3. CURRENT APPEALS Reference/Procedure Proposal

16/00229/CONCOU Kellys Farm Bell Lane Chichester West Sussex Birdham Parish PO20 7HY - Appeal against change of use of the land to mixed use as a horticultural nursery and operation of a car wash business. Case Officer: Steven Pattie

Ongoing Written Representation

16/00933/OUT Koolbergen, Kelly's Nurseries And Bellfield Nurseries Bell Birdham Parish Lane Birdham Chichester West Sussex PO20 7HY - Erection of 77 houses B1 floorspace, retail and open space with retention of 1 dwelling. Case Officer: Jeremy Bushell

Public Inquiry Public Inquiry held 2nd – 4th October 2018. Decision awaited.

17/01382/FUL Plot 12 Land To The Rear Of Premier Business Park Main Birdham Parish Road Appledram West Sussex - Retrospective application 2ndAwaiting Decision for single pitch for gypsy occupation comprising touring caravan, hardstanding and provision of static mobile home. Case Officer: Shona Archer

Informal Hearing Hearing to be held 15 Jan 2019 at City Council at 10am

SDNP/17/03475/HOUS The Farmhouse The Street Bury RH20 1PA - Proposed Bury Parish Council Parish part demolition and refurbishment of dwelling, to include extensions and alterations. Case Officer: Bev Stubbington

Householder Appeal

15/00064/CONLB 13 Parchment Street Chichester West Sussex PO19 3DA - Chichester Parish Appeal against removal of x 3 wooden casements and fitting of x 3 UPVC casements in Grade II listed building in Conservation Area. Case Officer: Sue Payne

Public Inquiry held 30.10.18 Awaiting Decision Reference/Procedure Proposal

17/01073/FUL 22A Lavant Road Chichester West Sussex PO19 5RG - Chichester Parish Demolition of existing dwelling and erection of 2 no. 4 bed detached properties with shared garage, 3 no. 3 bed link detached properties with integral garages, parking and new Case Officer: Caitlin Boddy access drive.

Written Representation

17/01368/FUL Xavier House 5 Ettrick Road Chichester West Sussex - Chichester Parish Replacement of Victorian lean-to with a two storey rear extension. Case Officer: Fjola Stevens

Written Representation

18/00525/ADV Unit 1 Portfield Way Chichester PO19 7YH - 2 no. double Chichester Parish sided internally illuminated post signs.

Case Officer: Vicki Baker

Written Representation

* 17/01259/FUL Billy's On The Beach Kiosk Bracklesham Lane Bracklesham East Wittering And Bay Chichester West Sussex PO20 8JH - Proposed Bracklesham Parish decking with ramp and retractable canopy. Case Officer: Caitlin Boddy

Written Representation

17/02563/DOM Stedlands Farm Bell Vale Lane Fernhurst GU27 3DJ - Fernhurst Parish Proposed two storey rear extension.

Case Officer: James Gellini

Written Representation Reference/Procedure Proposal

SDNP/17/05928/FUL Home Farm Bell Road Kingsley Green Fernhurst GU27 Fernhurst Parish Council 3LG - Installation of new vehicular access to agricultural Parish field and five bar gate. Case Officer: Rafa Grosso Macpherson Written Representation

SDNP/18/00384/HOUS Little Woodfold Woodfold Fernhurst Haslemere West Fernhurst Parish Council Sussex GU27 3ET - Demolition of glasshouse, two storey Parish side extension, replacement of roof to create further first floor living space and new timber boundary fence. Case Officer: Charlotte Cranmer

Householder Appeal

18/00883/DOM St Francis 122 Blackboy Lane Fishbourne PO18 8BL - Fishbourne Parish Alteration of existing bungalow to provide first floor bedrooms under a new roof. Case Officer: Maria Tomlinson Householder Appeal

SDNP/17/01554/FUL Land at Withies Cottage School Lane West Fittleworth Parish Council Sussex - Erection of 1 no. detached dwelling and Parish associated parking. Case Officer: Jenna Shore

Written Representation

SDNP/17/02666/OUT Amen Wood Yard Fitzleroi Lane Fittleworth RH20 1JN - Fittleworth Parish Council Demolition of existing woodyard buildings and replacement Parish with 1 no. dwelling house. Case Officer: Jenna Shore

Written Representation Reference/Procedure Proposal

SDNP/16/00496/OPDEV Land South of Braefoot Southbrook Road West Ashling Parish Council West Sussex - Appeal against insertion of a cesspit and Parish engineering works. Case Officer: Shona Archer

Informal Hearing held Awaiting Decision

17/00929/FUL Brick Bat Farm Moutheys Lane Funtington Chichester West Funtington Parish Sussex PO18 8AA - Demolition of barn, removal of mobile home and erection of 1 no. dwelling. Case Officer: Luke Simpson

Written Representation

SDNP/17/00949/FUL Land South of Braefoot Southbrook Road West Ashling Funtington Parish Council West Sussex - Retention and continued use of mobile Parish home for gypsy family occupation including existing timber shed and refuse enclosure. Case Officer: Derek Price

Informal Hearing held Awaiting Decision

18/00244/FUL Land South East Of Sewage Works Glasshouse Lane Parish Kirdford West Sussex - Demolition of old buildings and erection of new workshop for storage and carpentry. Case Officer: Daniel Power

Written Representation

SDNP/17/06292/FUL Down Haven A286 Oldwick Meadows To Sheepwash Lane Lavant Parish Council Parish Lavant PO18 0BQ - New 2 storey replacement dwelling.

Case Officer: Jenna Shore

Written Representation Reference/Procedure Proposal

SDNP/18/00704/HOUS Marley House Coach House Marley Common Lynchmere Parish Council West Sussex GU27 3PT - Addition of 7 no. dormer Parish windows and chimney, replacement of existing garage doors with new fenestration and internal alterations. Case Officer: Carol Garfield

Householder Appeal

SDNP/18/00843/FUL Bowling Green June Lane Midhurst West Sussex GU29 Midhurst Town Council Parish 9EL - Demolition of existing bowls club buildings and erection of 5 no. dwellinghouses with associated landscaping and parking and creation of new vehicular and Case Officer: Charlotte pedestrian access. Cranmer Written Representation

17/02572/FUL Land On The East Side Of The Lane Ifold West Sussex - Plaistow And Ifold Parish Erection of 1 no. detached 4 bedroom dwelling.

Case Officer: Claire Coles

Written Representation

17/03545/FUL Little Wephurst Walthurst Lane Loxwood RH14 0AE - Plaistow And Ifold Parish Replacement dwelling, following demolition of an existing dwelling. Case Officer: Louise Kent

Written Representation

SDNP/17/06029/TPO White Rose Group Road GU33 7NX - Fell Rogate Parish Council Parish 1 no. Oak tree (T1) subject to RG/83/00853/TPO.

Case Officer: Henry Whitby

Householder Appeal Reference/Procedure Proposal

17/03086/FUL 1 Boxgrove Corner Arundel Road Tangmere PO18 0DU - Tangmere Parish Erection of 1 no. 3 bed dwelling.

Case Officer: Maria Tomlinson Written Representation

SDNP/18/01704/FUL Buildings West of The Manor of Dean Dean Lane Tillington Tillington Parish Council West Sussex - Change of use of a agricultural building and Parish the demolition and erection of another, to create a one bedroom holiday let. Case Officer: Charlotte Cranmer Written Representation

17/00448/FUL Old Haven The Street Itchenor PO20 7AN - Demolition of Parish existing building and construction of 6 bedroom replacement dwelling, garage and associated works. Case Officer: Caitlin Boddy

Informal Hearing

17/03457/DOM Albion House Petworth Road Wisborough Green RH14 Wisborough Green Parish 0BH - Construction of single storey side and rear extension.

Case Officer: Beverley Stubbington Written Representation

17/03458/LBC Albion House Petworth Road Wisborough Green RH14 Wisborough Green Parish 0BH - Construction of single storey side and rear extension.

Case Officer: Beverley Stubbington Written Representation 4. VARIATIONS TO SECTION 106 AGREEMENTS

5. CALLED-IN APPLICATIONS Reference Proposal Stage

6. COURT AND OTHER MATTERS Injunctions Site Breach Stage Birdham – Land North-West of Civil Injunction to prevent Instructing barrister as soon as all Premier Park further occupation of the evidence is received. land

Court Hearings Site Matter Stage Decoy Farm, Aldingbourne Civil Claim to recover our More evidence to be exchanged. clearance costs Pre-Trial Review on 21/1/19 and Trial to be fixed between 1/2/19 and 30/6/19

Prosecutions Site Breach Stage Field West of Five Oaks, West Enforcement Notice Guilty plea at Worthing Magistrates’ Ashling Court on 3/8/18. Sentence adjourned to 18/1/19 pending the outcome of the refusal of Planning Permission of July 2018. Appeal made 3.8.18 against refusal of 18/01191/FUL

7. POLICY MATTERS