Rother District Council
PLANNING COMMITTEE
18 June 2009
Minutes of the Planning Committee meeting held at the Town Hall, Bexhill on Sea on Thursday 18 June 2009 at 9.30 am.
Committee Members present: B. Kentfield, (Chairman), C.N. Ramus (Vice Chairman), P.R. Douart (in part), J.J. Carroll, M.S. Forster, Mrs J.P. Gadd, Mrs B.A. George, G.E.S. Hearn, Mrs S.I. Holmes, Mrs J.M. Hughes (in part), Mrs W.M. Miers, D.W.L.M. Vereker and Mrs D.C. Williams.
Other Members present: Councillors Miss A.E. Davies (in part) and K.P. Dixon (in part).
Advisory Officers in attendance: Development Control Manager, Team Leader (East), Team Leader (West), Principal Planning Officer (Enforcement and Appeals) (in part) and Democratic Services Officer.
Also present: 21 members of the public.
PL09/16. MINUTES
The Chairman was authorised to sign the minutes of the meeting of the Committee held on 16 April 2009 as a correct record of the proceedings.
PL09/17. APOLOGIES
An apology for absence had been received from Councillor R.E. Parren.
DECISIONS TAKEN UNDER DELEGATED POWERS
PL09/18. PLANNING APPLICATIONS
Outline planning permissions are granted subject to approval by the Council of reserved matters before any development is commenced, which are layout, scale, appearance, access and landscaping. Unless otherwise stated, every planning permission or outline planning permission is granted subject to the development beginning within 3 years from the date of the permission. In regard to outline permissions, reserved matters application for approval must be made within three years from the date of the grant of outline permission; and the development to which the permission relates must begin no later than whichever is the later of the following dates: the expiration of three years from the date of the grant of outline permission or, the expiration of two years from the final approval of the reserved matters, or in the case of approval on different dates, the final approval of the last such matters to be approved.
In certain circumstances the Planning Committee will indicate that it is only prepared to grant or refuse planning permission if, or unless, certain amendments to a proposal are undertaken or subject to completion of outstanding consultations. In these circumstances the Head of Planning can be given delegated authority to issue the decision of the Planning Committee once the requirements of the Committee have been satisfactorily complied with. A delegated decision does not mean that planning permission or refusal will automatically be issued. If there are consultation objections, difficulties, or negotiations are not satisfactorily concluded, then the application will have to be reported back to the Planning Committee or reported via the internal-only electronic notified ‘D’ system by means of providing further information for elected Members. This delegation also allows the Head of Planning to negotiate and amend applications, conditions, reasons for refusal and notes commensurate with the instructions of the Committee. Any applications which are considered prior to the expiry of the consultation reply period are automatically delegated for a decision.
RESOLVED: That the planning applications be determined as shown in the Appendix A, attached.
PL09/19. ENFORCEMENT MATTER
(7.1)
The following enforcement matter was reported:
Ticehurst, Tolhurst Barn, Upper Tolhurst, Birchetts Green
RESOLVED: That
1) subject to being satisfied evidentially the Solicitor to the Council be authorised to
(a) Issue a listed building enforcement notice and take any other steps including legal action under Section 43 of the Planning (Listed Buildings and Conservation Areas) Act 1990;
(b) Issue the appropriate enforcement notice and take any other steps including legal action under Sections 179 and 181 of the Town & Country Planning Act 1990; and
2) as it is not expedient to do so, no enforcement action be taken in respect of the alterations to the byre described in paragraph 6(v)(vii)(ix) and (xi) of this report.
Compliance period: Three months.
PL09/20. APPEALS
(7.2)
Members noted the monthly report on Appeals which had been allowed, dismissed, lodged or withdrawn since the Committee’s last meeting.
The High Court Challenge in respect of appeals regarding RR/2007/2596/P and 2007/2576/P Northbridge Street – former mill site, Robertsbridge, Salehurst – Prem (Rooster) Ltd have been dismissed. The Inspectors’ decision therefore stands. The full Judgement is not yet available.
RESOLVED: That the report be noted.
PL09/21. DATE FOR SITE INSPECTIONS – Tuesday 14 July 2009 at 8.30 am departing from the Town Hall, Bexhill.
CHAIRMAN
The meeting closed at 11.52 am pl090618.cmt
PLANNING COMMITTEE 18 JUNE 2009
(RO = Reversed by Officer; RM = Reversed by Member)
RR/2009/433/P BEXHILL THE BARN, WHYDOWN ROAD
CHANGE OF USE FROM GARAGING TO BUSINESS OFFICE USE
Mr K Hopper-Young
Statutory 8 week date: 14 May 2009
DECISION: GRANT (FULL PLANNING)
1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
Reason: In accordance with section 91 of the Town and Country Planning Act 1990 (as amended by section 51 of the Planning and Compulsory Purchase Act 2004).
2. The use hereby permitted shall be carried on only by Mr K Hopper-Young and shall be for a limited period being the period of 3 years from the date of this notice, or the period during which the premises are occupied by Mr K Hopper-Young whichever is the shorter. When the premises cease to be occupied by Mr K Hopper-Young or at the end of 3 years whichever shall first occur, the use hereby permitted shall cease [and all materials and equipment brought on to the premises in connection with the use shall be removed].
Reason: To enable the local planning authority to monitor and assess the effects of the proposal having regard to the criteria in Policy GD1(i)(ii)(iii)(iv) of the Rother District Local Plan.
3. The premises shall be used for purposes within Class B1(a) (business office) and for no other purpose (including any other purpose in Class B1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification).
Reason: To ensure that the use is in accordance with the proposal set out in the application and to protect the amenities of the locality in accordance with Policy GD1 of the Rother District Local Plan.
4. Before the building is occupied for the approved business use the courtyard described on the ground floor plan (drawing no.79510/-09 date stamped 19 March 2009) shall be made available for car parking. The courtyard shall be thereafter retained for parking purposes only.
Reason: To ensure that adequate parking is provided in accordance with Policy GD1(iii) of the Rother District Local Plan.
5. No development shall commence until a scheme for the provision of foul water drainage works has been submitted to and approved in writing by the Local Planning authority and the building shall not be occupied for the purpose hereby approved until the drainage works to serve the development have been provided in accordance with the approved details.
Reason: To ensure the satisfactory drainage of the site and to prevent water pollution in accordance with Policy GD1(x) of the Rother District Local Plan.
Note: This decision notice relates to the proposals as shown on the originally submitted plans and amended plan drawing no.79510/09 date stamped 14 May 2009.
REASONS FOR GRANTING PERMISSION: The form, bulk and general design of the building is in keeping with its surroundings and the proposal is an appropriate re-use for the vacant premises. Notwithstanding this, however, it is considered that a temporary and personal permission would be appropriate in the first instance in order to test any impacts of the development. The application proposal accords with Policies GD1 and EM3 of the Rother District Local Plan.
View application/correspondence
______
RR/2009/545/P BATTLE SOLAR UK, NORTH TRADE ROAD
AMENDMENT TO ROOF DESIGN ON RR/2007/1125/P
Solar UK
Statutory 8 week date: 14 May 2009
DECISION: DEFERRED FOR SITE INSPECTION
View application/correspondence
______
RR/2009/1097/P BATTLE THE SPINDLES, TELHAM LANE
DEMOLITION OF EXISTING TWO STOREY HOUSE AND ERECTION OF NEW TWO STOREY REPLACEMENT DWELLING
Mr P Seymour
Statutory 8 week date: 19 June 2009
DECISION: GRANT (FULL PLANNING)
1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
Reason: In accordance with section 91 of the Town and Country Planning Act 1990 (as amended by section 51 of the Planning and Compulsory Purchase Act 2004).
2. The existing dwelling shall be demolished prior to the first occupation of the dwelling hereby approved and all resultant materials shall be removed from the site unless otherwise agreed in writing with the local planning authority. There shall be one dwelling only on the land outlined in red on the approved site location plan.
Reason: In the interests of protecting the character and appearance of the site in accordance with Policies GD1 (iv) & (v) and HG10 of the Rother District Local Plan.
3. No development shall take place until details of the materials to be used in the construction of the external surfaces of the dwelling hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.
Reason: To ensure that the development reflects the rural character of the area and visual amenities of the High Weald AONB in accordance with Policies GD1 (iv) & (v) of the Rother District Local Plan.
4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) (or any order revoking and re-enacting that order with or without modification), no extensions, buildings, structures, alterations, installations or operations, as defined within classes A-B of Part 1 of the Schedule 2 of the order, shall be carried out on the site otherwise than in accordance with a planning permission granted by the local planning authority.
Reason: In recognition that the replacement dwelling, while acceptable as currently proposed, is larger than the original dwelling and to ensure the future protection and preservation of the AONB having regard to Policy GD1(v) and (vii) of the Rother District Local Plan.
5. No development, demolition or site clearance works shall take place until measures have been implemented in accordance with BS5837 to protect existing trees on the site.
Reason: To ensure the protection of the Ancient Woodland and safeguard the landscape character and quality of the High Weald AONB having regard to Policy GD1(v) and (vii) of the Rother District Local Plan.
6. In this condition "retained tree" means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) below shall have effect until the expiration of 5 years from the date of the occupation of the building for its permitted use.
(a) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the written approval of the local planning authority. Any topping or lopping approved shall be carried out in accordance with British Standard [3998 (Tree Work)].
(b) If any retained tree is removed, uprooted, destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the local planning authority.
(c) The erection of fencing for the protection of any retained tree shall be undertaken in accordance with the approved plans and particulars before any equipment, machinery or materials are brought on to the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written consent of the local planning authority.
(d) No fire shall be lit within 10 metres from the outside of the crown spread of any tree which is to be retained.
Reason: To ensure that trees are not damaged or otherwise adversely affected by building operations and soil compaction and to safeguard the characteristics of the locality in accordance with Policy GD1(iv), (v) of the Rother District Local Plan.
7. Before the occupation of the dwelling hereby permitted commences, details of the siting and form of bins for the storage and recycling of refuse within the site together with a collection point, shall be submitted to and approved in writing by the local planning authority and the approved details shall be implemented and thereafter continued, with all bins and containers available for use, maintained and replaced as need be.
Reason: To safeguard the visual amenities of the locality and to protect the residential amenities of neighbouring properties in accordance with Policy GD1(ii), (iv) of the Rother District Local Plan and PPS1, paragraph 20.
REASONS FOR GRANTING PERMISSION: The scale and size of the proposed replacement dwelling is acceptable in relation to the property to be replaced. Special consideration has been given to the contemporary design of the proposed dwelling and external materials, however it is accepted that the site is well screened from the public highway and existing properties and accordingly a style of building that departs from the traditional rural vernacular would not be inappropriate in this case. The development accords with Policy GD1 and HG10 of the Rother District Local Plan.
View application/correspondence
______
RM
RR/2009/1113/P BATTLE 156 HASTINGS ROAD, THE SPINNEY
EXTENSION OF DRIVEWAY AND PARKING/TURNING AREA AND ERECTION OF GREENHOUSE. (RETROSPECTIVE APPLICATION).
Mr and Mrs M Hawkins
Statutory 8 week date: 01 July 2009
Planning Committee members had previously visited the site. The Committee were advised that the recommendation was finely balanced and that no consent was required in relation to the removal of trees. There was discussion on the use of conditions to control the use of the site and to secure fencing and landscaping, but it was considered that the impact on the character of the area and the affect on the neighbouring properties by virtue of the turning, manoeuvring of vehicles and lighting was sufficient to warrant refusal of the application.