Agenda, decisions and minutes

Any apologies for absence which have been received will be noted at this stage.

The Planning Committee will be informed at this point in the meeting of any planning applications which have been deferred or withdrawn and so will not be discussed and determined at this meeting.

The Chairman welcomed everyone to the meeting and drew attention to the emergency evacuation procedure which was displayed on the screens. He introduced the officers present and announced that item 11 had been withdrawn from the agenda and would be deferred to the next meeting. Mr Frost clarified that the applicant’s agent had failed to provide officers with updated plans detailing the location of the proposed pitches.

Apologies were noted from Mr M Dunn, Mr J F Elliott and Mrs J Tassell.

The minutes relate to the meeting of the Planning Committee on 1 March 2017 (copy to follow).

RESOLVED

That the minutes of the meeting held on 1 March 2017 be approved and signed by the Chairman as a correct record.

The Chairman will announce any urgent items that due to special circumstances will be dealt with under agenda item 16 (b).

The Chairman advised that there were no urgent items.

Details of members’ personal interests arising from their membership of parish councils or West Sussex County Council or from their being Chichester District Council or West Sussex County Council appointees to outside organisations or members of outside bodies or from being employees of such organisations or bodies.

Such interests are hereby disclosed by each member in respect of agenda items in the schedule of planning applications where the Council or outside body concerned has been consulted in respect of that particular item or application.

Declarations of disclosable pecuniary interests, personal interests and prejudicial interests are to be made by members of the Planning Committee in respect of matters on the agenda or this meeting.

Mr Barrett declared a personal interest in respect of application BO/16/03327/FUL as a Chichester District Council appointed member of Chichester Harbour Conservancy.

Mrs Duncton declared a personal interest in respect of application BO/16/03327/FUL as a member of West Sussex County Council.

Mrs Duncton declared a personal interest in respect of application CC/16/02949/FUL as a member of West Sussex County Council.

Mrs Duncton declared a personal interest in respect of application EWB/16/03473/FUL as a member of West Sussex County Council.

Mrs Duncton declared a personal interest in respect of application SDNP/17/00336/CND as a West Sussex County Council appointed member of the South Downs National Park Authority.

Mrs Duncton declared a personal interest in respect of application SDNP/16/05377/FUL as a West Sussex County Council appointed member of the South Downs National Park Authority.

Mrs Duncton declared a disclosable pecuniary interest in relation to application SDNP/16/05377/FUL as her husband is the applicant. Mrs Duncton withdrew to the public seating area and did not participate in the debate.

Mrs Kilby declared a personal interest in respect of application CC/16/02949/FUL as a member of Chichester City Council.

Mrs Kilby declared a personal interest in respect of application CC/16/02950/LBC as a member of Chichester City Council.

Mr McAra declared a personal interest in respect of application BO/16/03327/FUL as a member of West Sussex County Council.

Mr McAra declared a personal interest in respect of application CC/13/02949/FUL as a member of West Sussex County Council.

Mr McAra declared a personal interest in respect of application EWB/16/03473/FUL as a member of West Sussex County Council.

Mr Oakley declared a personal interest in respect of application BO/16/03327/FUL as a member of West Sussex County Council.

Mr Oakley declared a personal interest in respect of application CC/13/02949/FUL as a member of West Sussex County Council.

Mr Oakley declared a personal interest in respect of application EWB/16/03473/FUL as a member of West Sussex County Council.

Mr Plowman declared a personal interest in respect of application CC/16/02949/FUL as a member of Chichester City Council.

Mr Plowman declared a personal interest in respect of application CC/16/02949/FUL as a Chichester District Council appointed member of Chichester Conservation Area Advisory Committee.

Mr Plowman declared a personal interest in respect of application CC/16/02950/LBC as a member of Chichester City Council.

Mr Plowman declared a personal interest in respect of application CC/16/02950/LBC as a Chichester District Council appointed member of Chichester Conservation Area Advisory Committee.

Mrs Purnell declared a personal interest in respect of application SY/16/03287/FUL as a member of Selsey Town Council.

(To listen to the speakers and full debate of the planning applications follow the link to the online audio recording).

Planning Applications

The Committee considered the planning applications together with an agenda update sheet at the meeting detailing observations and amendments that had arisen subsequent to the dispatch of the agenda. During the presentations by officers of the applications, members viewed photographs, plans, drawings, computerised images and artist impressions that were displayed on the screen.

RESOLVED

That the Planning Committee makes the following decisions  ...  view the full minutes text for item 169.

Variation of condition 2 and 21 from planning permission BO/16/01518/FUL – amendment to plans to allow alterations to proposed building and highways works.

Permit.

Miss Bell drew attention to the agenda update sheet detailing additional representation from Bosham Parish Council withdrawing their objection. She clarified that the proposed angle of the cycle path onto Walton Lane provided the best possible orientation and adequate visibility. Miss Bell acknowledged that if the path were located on public highway a greater width would be required but in the proposed location a 1.8m width was acceptable.

Recommendation to permit agreed.

Change of use of part of ground floor from office (B1a) to cafe (A3) together with provision of roof and wall vents to east elevation.

Permit.

Miss Bell explained that the officer presentation for items six and seven would be given together with two separate votes being taken on the recommendations. She drew attention to the agenda update sheet detailing additional representations from Chichester City Councillor Anne Scicluna in respect of noise disturbance. During the presentation members were shown plans detailing the internal layout of the restaurant area, the service access from New Town and staff/customer access from Baffins Lane. Miss Bell explained that the extract flue on the roof of the building had been significantly reduced and officers were now satisfied with the proposed matt black finish.

The following members of the public addressed the Committee:

·       Mr M Jennings – Objector

·       Mr A Earl – Objector

·       Mr K Mitchelson – Objector

·       Mr P White – Agent

·       Mrs P Dignum – Chichester District Council member for Chichester South Ward

Miss Bell clarified points made during the Committee’s debate including:

·       In response to concerns that a restaurant would fundamentally change the interior of the listed building, that the HBA had found the proposed internal and external changes acceptable

·       In response to concerns that construction work timings were not specified, that the Construction Management Plan would be amended to include the Council’s standard hours of construction limitation

·       In response to concerns that refuse collection timings were not specified, condition six would be amended to include appropriate hours of collection and to require collection from East Street

·       In response to concerns that opening hours could be extended, that  condition nine would restrict the hours of opening to the public or use from 7.00am until 7.30pm Monday to Sunday

·       In response to concerns regarding deliveries, that officers were satisfied that the proposed Service Management Plan included acceptable provisions  and that a condition to prevent deliveries between 8.00am and 9.00am was proposed

·       In response to concerns regarding high levels of noise and food odours, that the Environmental Health officer was satisfied with the proposed odour extraction mitigation

·       In response to suggestions that further marketing of the site was required, that the site had already been marketed comprehensively for two years for A1, A2 and B1 use without firm interest

·       In response to concerns that there were too many cafes and restaurants in Chichester, that give the central location, competition between traders was not a land use planning consideration for the Committee

Mr Frost reminded members that a refusal of permission would require the committee to identify serious planning harm that could not be addressed by conditions.

Recommendation to permit agreed.

Internal and external alterations to facilitate use as A3 restaurant / cafe including lightweight removable partitions for WC and kitchen areas, extraction equipment and associated vents on rear (east) elevation and roof.

Permit.

Recommendation to permit agreed.

(The Committee adjourned for a short break).

Variation of Condition 2 of planning permission CH/12/00458/COU – to make the temporary permission permanent.

Defer for section 106 then permit.

Mr Whitty drew attention to the agenda update sheet detailing a correction to the recommendation on page 52 of the agenda pack which should read ‘defer for S106 then permit.’ He outlined amendments to condition three to accord with the terms of the planning application and to ensure satisfactory planning of the area. Mr Whitty explained that the application sought to vary an earlier temporary permission to allow permanent occupancy. He drew attention to condition three which would require additional screening.

The following members of the public addressed the Committee:

·       Mr C Archer – Chidham and Hambrook Parish Council

·       Dr A Murdoch - Agent

Mr Whitty clarified points made during the Committee’s debate including:

·       That the bridleway provides access to land beyond the application site

·       That other temporary pitches in the vicinity of the site were not related to the application site

·       That in response to concerns about the future use of the site if the pitches were removed, that it would be unreasonable to require removal of the stable blocks or hard standing

·       That in response to concerns that the application site boundary was relatively small compared to other similar sites, that the application plans reflected those the subject of the earlier appeal

Recommendation to defer for section 106 then permit agreed.

Change of use of land to residential garden and erection of 1.2m fence to southern boundary.

Permit.

Mrs Stevens drew attention to the agenda update sheet detailing additional concerns from the Parish Council in relation to the reduction in the width of the footpath, the extent of land turned into garden and prevention of future emergency access. She also noted two additional representations received. Mrs Stevens confirmed that WSCC Highways had no interest in the land and the land was not registered. To date there had been no claims to the land following advertisement via a notice in the local newspaper.

The following members of the public addressed the Committee:

·       Mr B Reeves – East Wittering and Bracklesham Parish Council

·       Mr B Allsop – Objector

·       Mr S Grant - Applicant

Mr Whitty clarified points made during the Committee’s debate including:

·       Reducing the width of a section of the path would retain adequate emergency access to the beach as other sections of the path already narrow down

• In response to concerns regarding the impact on the visual amenity of the site, that condition four would require softening by landscaping
• That the effect on access to a culvert was not a consideration in this case as the application did not involve an additional building or dwelling
• In response to a suggestion that officers discuss maintenance of the land with the Parish Council, that the Committee’s remit was to consider the planning merits of the proposal before them

Miss Golding reminded the Committee that the law allows any person to apply for planning permission on another person’s land subject to correct certification. In relation to this application if the landowner came forward they would be entitled to claim back the land. Miss Golding explained that the Committee’s only concern should be that the applicant had demonstrated correct procedure.

Mr Whitty also reminded the Committee that they should not be concerned by either the potential added value to the applicant’s land or the applicants risk in relation to registering the land as neither were material planning considerations. He explained that enclosures of this nature are not uncommon and if refused the applicant could exercise their right to erect a two metre fence without planning permission.

Recommendation to permit agreed.

Extension and conversion of existing detached dwelling into 2 no. detached dwellings.

Defer for section 106 then permit.

Miss Stevens drew attention to the agenda update sheet detailing an amendment to the recommendation which should read ‘defer for section 106 then permit’. She explained that the applicant had now confirmed in writing their agreement to Pagham Harbour mitigation by way of an appropriate financial contribution. The Committee were shown maps detailing which sections of the application site fall within flood zones two and three.

The following member of the public addressed the Committee:

·       Miss B Bramwell - Applicant

Members discussed how the application would fit into the current street scene. She also clarified that there will be internal and external staircases.

Recommendation to defer for section 106 then permit agreed.

(The Committee adjourned for a short break).

Change of use of land to a private gypsy and traveller caravan site consisting of 2 no. pitches each would comprise 1 no. mobile home, 1 no. touring caravan, 1 no. utility building and associated works.

This item was withdrawn from the agenda.

Variation of condition 1 amendment to approved plans and removal of conditions 3, 6, 8, 9, 10, 14 and 16 from planning permission SDNP/16/01717/FUL.

Permit.

Mr Price drew attention to the agenda update sheet detailing an additional condition ‘approved plans’ to ensure the development is carried out in accordance with the plans listed under the heading ‘plans referred to in consideration of this application’.

Members had no questions.

Recommendation to permit agreed.

Change of use from golf clubhouse and office to office (B1A).

Permit.

Due to her earlier declaration of a disclosable pecuniary interest Mrs Duncton withdrew to the public seating area and did not participate in the debate.

Mr Price provided a brief introduction explaining that the application was before the Committee due to Mrs Duncton’s interest.

Mr Price clarified that if agreed, as detailed in condition one, permission would be for B1 office use only.

Recommendation to permit agreed.

The Planning Committee is asked to note the changes to the Pre-Application Advice Charging Scheme; the new procedures in relation to the use and discharge of planning conditions and the adoption of the Historic Environment Strategy and Action Plan.

(Mrs Duncton returned to the Committee table). 

Mr Whitty provided an update on the work of the Planning Task and Finish Group 2016 following recommendations made to Cabinet in December 2016.

Pre-Application Charging Scheme

Cabinet had agreed to adoptthe revised Pre-Application Advice Charging Scheme with effect from 1 February 2017. As a result the duty officer service had been increased to include one afternoon per week. There are also additional 30 minute pre-bookable slots for planning surgeries on a Tuesday and Thursday. In addition officers now provide informal pre-application advice within a two to three week timescale. Mr Whitty clarified that where a Housing Association proposes to build solely affordable housing there will continue to be no charge for pre-application advice. Mr Frost explained that adjustment to the scheme may be required for Community Land Trusts.

Use and Discharge of Planning Conditions

Cabinet had agreed to a revised format for decisions on planning applications with effect from 1 February 2017. The new decision notice provides the key information at the top of the page in a much clearer format. Since January 2017 Planning Committee agenda reports have included the full wording of conditions. Mr Whitty explained that Cabinet added a requirement to review in 12 months. This will be discussed at a future Committee meeting.

Historic Environment Strategy and Action Plan

Mr Whitty explained that the Historic Environment Strategy had been adopted by the council. Members wished to give their thanks to Lone Le Vay for an excellent piece of work. 

RESOLVED

The Committee noted the changes to the Pre-Application Advice Charging Scheme, the new procedures in relation to the use and discharge of planning conditions and the adoption of the Historic Environment Strategy and Action Plan.

The Planning Committee will consider the monthly schedule updating the position with regard to planning appeals, litigation and recent planning policy publications or pronouncements.

Mr Whitty drew attention to the agenda update sheet outlining legal proceedings authorised for Barn North of Hunston Dairy Farm and 37 North Street, Midhurst on 22 March 2017.

RESOLVED

The Committee noted the schedule of planning appeals, court and policy matters.

The Planning Committee will consider any late items announced by the Chairman at the start of this meeting (agenda item 3) as follows:

a)    Items added to the agenda papers and made available for public inspection

b)    Items which the chairman has agreed should be taken as matters of urgency by reason of special circumstances to be reported at the meeting

There were no late items.