Chichester District Council Planning Committee Wednesday 22 July 2015 Report of the Head of Planning 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 Chichester District Council web site To read each file in detail, including the full appeal decision when it is issued, click on the reference number (NB certain enforcement cases are not open for public inspection, but you will be able to see the key papers via the automatic link to the Planning Inspectorate). WR – Written Representation Appeal H – Hearing I – Inquiry ( ) – Case Officer initials * – Committee level decision 1. NEW APPEALS Reference/Procedure Proposal SDNP/14/06372/HOUS 65 Vann Road, Fernhurst, West Sussex, GU27 3NP - Two FH storey side extension. WR (C Cranmer) SDNP/14/05025/LIS High Hampstead,Lurgashall, Petworth, GU28 9EX - LG Retention of roof insulation in main barn inserted between WR(C Cranmer) rafters with plasterboard below so as to obscure rafters, contrary to condition 12 on planning permission LG/07/02213/FUL and condition 6 of listed building consent LG/07/02214/LBC. SI/14/04058/COU Field South Of Green Lane Piggeries, Ham Road, H (W Sowman) Sidlesham, West Sussex - Change of use of land as private Hearing to be held 15 gypsy and traveller caravan site. September 2015 at 10am, Assembly Rooms SY/15/00320/FUL Student Accommodation, Home Farm, Chichester Road, Hearing (R Jones) Selsey, Chichester, West Sussex, PO20 9DX - Variation of condition 3 of permission SY/14/01758/FUL. Change need to retain these buildings in agricultural occupancy. 2. DECISIONS RECEIVED Reference/Decision CH/13/03978/FUL Land On The East Side Of, Cot Lane, Chidham, West Sussex WR (S Harris) - Residential development comprising 25 no. dwellings, DISMISSED change of use of land to form area of off-site public open space and associated work. "... The Inspector's Report relating to the examination of the Chichester Local Plan (CLP) has been issued and the Council has indicated that it expects to adopt the CLP in July of this year. The Report concludes that the CLP is sound, subject to a number of modifications. Amongst other things, the Council points out that the examining Inspector considered that a 5 years supply of housing land can be demonstrated. ... I shall take account of these matters in determining this appeal. I shall afford appropriate weight to the policies in the CLP accorded by its advancement towards adoption. ... At the time of consideration of the planning application, the Council accepted that it could not demonstrate a 5 year supply of housing land and so its policies for the supply referred to above, the examining Inspector for the CLP has concluded very recently that the Council can demonstrate a 5 year supply of housing land and so these policies can be afforded the appropriate weight. The proposal is clearly contrary to these policies. which seek to aim new development to appropriate areas and to preserve the countryside. In addition, the site is within the Chihcester-Emsworth Strategic Gap and CDLP Policy RE6 applies. The Council rightly point out that there is no specific Strategic Gap policy brought forward in the emerging CLP, however consideration of the coalescence of settlements is embodied in some of its policies. In relation to the aims of the CDLP, I consider that the proposed transformation of this site from its green and semi-natural state to one of a housing development would unacceptably add built form to the Gap and would be directly at odds with the aims of Policy RE6, which includes the aim to conserve and improve the landscape. ...Whilst I accept that the existing site is not 'natural' and is clearly the result of man's intervention into the landscape, it appears unmanaged and semi-natural and contains an abundance of plants and trees. In this way, I consider that the site in its current state makes some positive contributions to the qualities of the AONB, even if that contribution is only felt at a local level. Its replacement with a small sub-urban style housing estate would not be consistent with the overall aims in the AONB of conserving landscape and scenic beauty. ... The proposed gardens of the properties vary in size and depth but those in the north and eastern side of the site appeal small and would add to the impression of domination by built form rather than natural features. Pl.ots 19 and 20 would have particularly short rear gardens at around 7m, not only would these provide a very restricted space for future residents, I consider that, in the context of the site, the proposal would appeal overbearing from the property to the north, 'The Bungalow'. ...The appeal scheme would provide a mix of market and affordable housing of varying sizes. ... Clearly not all housing schemes can achieve the precise mix of dwellings that the SHMA indicates and the Council ask for. ... I find that in a location such as this (setting aside my comments in other issues) a development that has more larger properties would be more reflective of the character of the area and a greater number of smaller properties, which could include flats, may be considered less acceptable in character terms. Therefore, I am satisfied that the mix of market dwellings would not be unacceptable and any inconsistency with needs within the District as a whole would not be sufficient to dismiss the appeal by itself. ... " SDNP/14/03530/HOUS Baldwins, Ropes Lane, Fernhurst, Haslemere, West Sussex WR (C Cranmer) GU27 3JD – Erection of detached outbuilding. Furnhurst DISMISSED "... The South Downs Partnership Management Plan sets out at General Policy 1 the aim of conserving and enhancing the natural beauty and special qualities of the landscape and its setting... Policies 3 and 50 seek the protection of tranquillity and dark night skies, and historic buildings respectively... Policy BE11 requires new development not to detract from the surroundings...building no longer exists and the justification that allowed that grant in 2001 carries no weight now... the building would appear intrusive in the rural landscape and divorced from the built form of the dwelling and its outbuilding...isolation would be accentuated by the degree of separating hedging and other planting between the building and the dwelling, in addition to distance... as well as the isolated location near farmland all give the impression of this being an intrusion of built form and domestic activity into the natural beauty of the countryside... a barn-like structure at that distance would not not affect the architectural or historic interest nor undermine the reasons for listing... but even if within the planning unit of the dwelling, the harm identified is too great to permit the development on application for express permission..." FB/14/01967/FUL Land North Of Rothley Cottage 2, Blackboy Lane, Fishbourne WR (F Stevens) West Sussex. ALLOWED “…The Council has acknowledged that it cannot demonstrate a five year housing land supply. As such, policies which are relevant to the supply of housing cannot be considered up to date. As the application is for two new dwellings it must therefore be considered in the context of the presumption in favour of sustainable development… I consider that subject to the scheme fulfilling the Framework's definition of sustainable development I should attach significant weight to the small but clearly important contribution that the appeal site would make to meeting housing targets…I consider that the site's residential development would be a logical rounding off of the development cluster at the Portsmouth Road / Blackboy Lane / Old Park Lane junction. Furthermore, despite the hedgerows being a positive landscape feature, the site does have a somewhat derelict appearance that constrains its contribution to the landscape quality and rural character of the surroundings…I acknowledge that the development would extend the built form further north than that on the opposite side of the Lane. However as I observed on my visit, the two sides of the Lane are quite different in terms of both the landscape and land use…The appeal site on the east side of the Lane is on the edge, but nonetheless part of, one of the major components of Fishbourne…Unlike the land to the east of the Lane, the land use is much more varied and trees preclude long distance views…I am in no doubt of the importance of maintaining the openness of the Fishbourne Centre and its playing fields to form landscape and ecological links with the extensive area of open countryside to the west. Indeed I note that the proposed boundary of the Settlement Policy Area in the Submission Draft of the Fishbourne Neighbourhood Plan 2014-2029 fulfils this objective by including the 'undeveloped' land south of the railway as designated countryside. However I do not consider that the appeal site itself needs to be kept open and free from development, as it would form a minor consolidation of the above-mentioned development cluster within the open countryside. Nor, because of a combination of its development history, current condition and siting would development form any sort of a precedent…Taking all the above considerations together I conclude that the principle of the site's development is acceptable…Overall. I conclude that the proposal would be a sustainable development and accord with Government policy in the Framework. I shall therefore allow the appeal…The Council has suggested a number of conditions and for the most part I consider these to be reasonable and necessary…” LX/14/01214/FUL Brewhurst Mill House, Brewhurst Lane, Loxwood, LX/14/01215/LBC Billingshurst, West Sussex, RH14 0RJ - Part conversion of WR (M Tomlinson) Brewhurst Mill to dwelling.