MID SUSSEX DISTRICT COUNCIL Planning Committee 12 NOV 2020 RECOMMENDED FOR PERMISSION Lindfield Rural DM/20/0979 © Crown Copyright and database rights 2019 Ordnance Survey 100021794 BUXSHALLS ARDINGLY ROAD LINDFIELD WEST SUSSEX CHANGE OF USE, ADJUSTMENT AND REFURBISHMENT OF 19 DWELLINGS FOR THE OVER 55'S TO PROVIDE 15 DWELLINGS. CHANGE OF USE, ADJUSTMENT AND REFURBISHMENT OF BUXSHALLS HOUSE FROM A 21 BED NURSING HOME TO PROVIDE 11 DWELLINGS. CONSTRUCTION OF 9 NEW DWELLINGS. ASSOCIATED ADJUSTMENTS TO LANDSCAPING AND CAR PARKING. NO AGE RESTRICTIONS ON ANY NEW OR REFURBISHED DWELLINGS. (AMENDED PLANS, ELEVATIONS AND VIABILITY INFO RECEIVED 10TH JULY, AMENDED LANDSCAPING PLANS RECEIVED 17TH JULY) BUXSHALL LTD POLICY: Areas of Outstanding Natural Beauty / Area of Special Control of Adverts / Ashdown Forest SPA/SAC / Countryside Area of Dev. Restraint / Classified Roads - 20m buffer / HSE Major Hazard Site / Planning Agreement / Planning Obligation / Public Right Of Way / Aerodrome Safeguarding (CAA) / Trees subject to a planning condition / Minerals Local Plan Safeguarding (WSCC) ODPM CODE: Smallscale Major Dwellings 13 WEEK DATE: 17th July 2020 WARD MEMBERS: Cllr Linda Stockwell / Cllr Paul Brown / CASE OFFICER: Stuart Malcolm PURPOSE OF REPORT To consider the recommendation of the Divisional Leader for Planning and Economy on the application for planning permission as detailed above. EXECUTIVE SUMMARY This application seeks full planning permission for a change of use, adjustment and refurbishment of 19 dwellings for the over 55's to provide 15 dwellings; change of use, adjustment and refurbishment of Buxshalls House from a 21 bed nursing home to provide 11 dwellings; construction of 9 new dwellings; associated adjustments to landscaping and car parking with no age restrictions on any new or refurbished dwellings. This means that there are proposed to be 35 dwellings on the site. Planning legislation requires the application to be determined in accordance with the development plan unless material considerations indicate otherwise. It is therefore necessary for the planning application to be assessed against the policies in the development plan and then to take account of other material planning considerations including the NPPF. In making an assessment as to whether the proposal complies with the development plan, the Courts have confirmed that the development plan must be considered as a whole, not simply in relation to any one individual policy. It is therefore not the case that a proposal must accord with each and every policy within the development plan. The proposal is considered acceptable in respect of the principle despite the proposal creating new dwellings in the countryside above the number that would normally be permissible under Policy DP6 (9 or less) and the site not being contiguous with a built up area boundary. This is because there are other material planning considerations that determine there are grounds to come to a decision that is not wholly in compliance with the development plan. Most importantly the planning history of the site is highly material with a development of this site which included a net increase of 19 units being permitted in June 2014. The principle of development on this site has therefore previously been established. There are other material considerations that also need to be taken into account such as the NPPF promoting the effective use of land for homes and making clear that one of the Government's objectives is to significantly boost the supply of homes. At a more local level, whilst the District Plan is up to date and the LPA can demonstrate a 5 year housing land supply, the requirement to demonstrate a 5 year housing land supply is a rolling one which means that the LPA must continue to grant planning permissions to enable the 5 year land supply to be maintained. It is also considered that without some form of acceptable redevelopment at this site, the main house and surrounding buildings, which are all unoccupied, will continue to fall into a state of disrepair which will have significant implications on the visual amenity of the area. It is for these reasons the principle of this proposal is deemed acceptable. In this case the overall design and visual impact is considered acceptable and the development does not unduly expand the location of the built form on site. Whilst the Design Review Panel has objected to the application, the retention and refurbishment of the buildings on site has merit and is an approach supported by planning officers, the Urban Designer, the Conservation Officer, the Landscape Advisor and the High Weald AONB Unit. The use of appropriate conditions will further ensure that the development is sympathetic to its surroundings. Accordingly, the natural beauty of the AONB is also preserved. It is considered that subject to details reserved by condition, the proposal will preserve the special character of the non-designated heritage asset and its setting. No objections are raised to the proposal by the local highway authority and in the absence of any technical objections there are not deemed to be any reasonable grounds to refuse the application on highways related matters. The proposal accords with the Council's sustainability policy requirements and in respect of the ecological and biodiversity effects of the development. The planning application cannot viably secure any affordable housing or the infrastructure contributions, other than the SAMM and SANG required for the Ashdown Forest mitigation, and this has been confirmed through a viability report conducted by an independent valuer on behalf of the Council. The proposal will not result in demonstrable significant harm to neighbouring residential amenity whilst the scheme will provide a good standard of accommodation for future occupiers. In addition there are no technical reasons to object to the scheme in respect of water resources, flood risk and drainage. The Council would also receive a new homes bonus. The application is deemed to comply with Policies DP4, DP13, DP16, DP17, DP21, DP26, DP28, DP30, DP31, DP34, DP37, DP38, DP39, DP41 and DP42 of the Mid Sussex District Plan, Policy 1 of the Lindfield and Lindfield Rural Neighbourhood Plan, the MSDC Development Viability SPD, the MSDC Design Guide, the NPPF and The High Weald Area of Outstanding Natural Beauty Management Plan 2019- 2024 The application is therefore recommended for approval, subject to the conditions listed in Appendix A. RECOMMENDATION Recommendation A It is recommended that, subject to the completion of a satisfactory S106 planning obligation securing the necessary financial contributions towards SAMM and SANG mitigation as set out in the Assessment section below, planning permission be granted subject to the conditions set out in Appendix A. Recommendation B It is recommended that if the applicants have not completed a satisfactory signed planning obligation securing the necessary SAMM and SANG mitigation by the 12th February 2021, then it is recommended that permission be refused, at the discretion of the Divisional Leader for Planning and Economy, for the following reason: 'In the absence of a signed legal agreement the application fails to deliver the necessary SAMM and SANG mitigation and as such conflicts with Policy DP17 of the Mid Sussex District Plan.' SUMMARY OF REPRESENTATIONS Four neighbouring residents have supported the scheme commenting as follows: • Strongly support application and will be very pleased if it is passed without any problems • Fully support • Being surrounded on three sides by site been watching various proposals over years with interest. However this latest design that keeps most original buildings along with some new ones will be a great improvement to the site. Offer full support. • Pleased to support predominantly as sympathetic and retains most existing buildings, in keeping with rural surrounds and reflects concerns of local residents. Only real concern is additional traffic and access to B2028 that we know can be difficult and dangerous. SUMMARY OF CONSULTEES MSDC Urban Designer: No objection subject to detailed conditions MSDC Design Review Panel: Objection to the scheme MSDC Conservation: No objection MSDC Trees: No objection subject to conditions MSDC Ecological Consultant: No objection subject to conditions MSDC Landscape Consultant: No objection subject to conditions MSDC Housing: Agreed that scheme cannot provide affordable housing based on viability assessment MSDC EHO: No objection subject to conditions MSDC Drainage: No objection subject to conditions MSDC Contaminated Land: No objection subject to conditions MSDC Leisure: No objection subject to securing contributions MSDC Street Naming: Add informative WSCC Highways: No objection subject to conditions WSCC Drainage: No objection subject to conditions WSCC Fire and Rescue: No objection subject to conditions WSCC Waste and Minerals: No objections WSCC Infrastructure: No objection subject to securing contributions High Weald AONB Unit: No objection, the increased use of existing buildings is welcomed. Environment Agency: No objections Southern Water: No objections LINDFIELD RURAL PARISH COUNCIL COMMENTS LRPC Planning Committee had attended a site meeting on Wednesday 29th July with the developer's agent. The committee after discussion resolved to support the application but would wish the following observations would be taken into account: 1) The PC regards Buxshalls as a building which is of special architectural and historic interest