Agenda, decisions and minutes

Planning Committee
Wednesday 24 April 2019 9.30 am

Venue: The Council House (Chichester City Council), North Street, Chichester

Contact: Sharon Hurr on 01243 534614  Email:  shurr@chichester.gov.uk

Note: Please note there is a revised agenda front sheet supplement and agenda item 5 has been withdrawn. 

Items
No. Item

301.

Chairman's Announcements pdf icon PDF 111 KB

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Committee will be informed at this point in the meeting of any planning applications which have been deferred or withdrawn and so will not be discussed and determined at this meeting.

Minutes:

The Chairman welcomed everyone to the meeting, and the emergency evacuation procedure was displayed on screen.

302.

Approval of Minutes pdf icon PDF 98 KB

The minutes relate to the meeting of the Planning Committee on 13 March 2019 (copy to follow).

Minutes:

RESOLVED

 

That the minutes of the meeting held on 13 March 2019 be approved and signed by the Chairman as a correct record.

 

303.

Urgent Items

The chairman will announce any urgent items that due to special circumstances will be dealt with under agenda item 17 (b).

Minutes:

There were no urgent items.

304.

Declarations of Interests pdf icon PDF 53 KB

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.

 

 

 

Minutes:

Mrs Duncton declared a personal interest in planning applications SDNP/18/05965/FUL and SDNP/19/00253/FUL as a member of West Sussex County Council.

 

Mr Oakley declared a personal interest in planning applications SDNP/18/05965/FUL and SDNP/19/00253/FUL as a member of West Sussex County Council.

 

Mrs Purnell declared a personal interest in planning applications SDNP/18/05965/FUL and SDNP/19/00253/FUL as a member of West Sussex County Council and SY/18/01751/FUL as a member of Sesley Town Council.

 

305.

WW/18/02708/DOM- Dolphins Rookwood Lane West Wittering Chichester West pdf icon PDF 410 KB

Proposed steps down through garden to a 1.5 metre long tunnel beneath public footpath rising through to another set of steps to the foreshore garden.

 

Decision:

This item was withdrawn from the agenda.

Minutes:

This item was withdrawn from the agenda.

306.

SY/18/01751/FUL - Land To The Rear Of 28 Park Lane Selsey Chichester West pdf icon PDF 320 KB

Retrospective resurfacing of existing tarmac track and concrete hardstanding

 

Decision:

Permit.

Minutes:

The following member the public addressed the committee:

 

Mr C Alden – Parish Representative

 

In response to Members’ questions regarding the actual permitted use class, and the construction of the drainage, Mrs Stevens responded that the use class was sui generis and as there is no indication that vehicle use will be significant the construction of the access track (to a domestic standard) would be appropriate.

 

Recommendation to Permit agreed.

307.

SI/18/01584/FUL -Longreach 14A Chalk Lane Sidlesham pdf icon PDF 311 KB

Erection of agricultural storage barn

 

Decision:

Permit.

Minutes:

During the discussion Members debated the conversion of redundant buildings for other purposes, and asked if a condition could be added confirming that the building could not be converted to a dwelling at a future date.  Mr Whitty drew members’ attention to the report which stated the building should only be used for agricultural purposes and should the building cease to be used for this purpose, it should be demolished.  Mr Whitty also advised that there is a further application pending for the grazing of cattle.

 

Recommendation to Permit agreed. 

 

308.

PS/18/02939/FUL - Valtony Loxwood Road Plaistow pdf icon PDF 401 KB

Erection of 1 no. replacement dwelling, pool and garage buildings following
demolition of all existing buildings and removal of hardstanding

 

Decision:

Permit.

Minutes:

Additional information was reported on the agenda update sheet regarding an amendment to condition 2 including a plan showing the proposed gates, which stated ‘The development hereby permitted shall not be carried out other that in accordance with the approved plans’ to ensure compliance with planning permission.

 

The following member of the public addressed the committee:

 

Mr L Smith – Agent.

 

During the discussion Members debated the proposed glass link in relation to the Dark Skies Policy, and sought clarification regarding whether the new dwelling would be constructed on a platform, if provision for bats had been made and the method of construction.  Ms Stevens confirmed the dwelling would not be elevated on a platform and referred Members to condition 3 which required details of the floor levels to be approved prior to construction.  The glass link had been reduced in size with tinted glazing to the roof and was of good design.  The design for the dwelling did not include roof lights, therefore light emitted was not considered to be a concern.  Members further discussed the control of external lighting and Ms Stevens responded that such a condition would be included.

 

Recommendation to Permit agreed with amended and additional conditions requiring no external lighting, a scheme to mitigate light spill from glazed link, and restriction of PD for roof lights and dormer windows.

 

309.

FB/18/03033/DOM - Little Dolphins Main Road Fishbourne Chichester West pdf icon PDF 334 KB

Retrospective erection of a shed and replacement boundary fencing

Decision:

Permit.

Minutes:

Additional information was reported on the agenda update sheet regarding an amendment to conditions 2 and 3 to lower or replace the fence on the southern boundary of the site, to be constructed in materials as specified within the application form and plans, and to reduce the width of the shed and stain with Cuprinol Old English Green in accordance with the approved plan.

 

The following member of the public addressed the committee:

 

Mr A Moss – CDC Member

 

During the discussion Members sought clarification on the fence line, the colouring of the fence and shed.  Mrs Stevens confirmed the replacement fence was in the same location as the previous fence, and condition 3 stated the colour stain to be used and maintained.  On a further question regarding the planting, Mr Whitty confirmed that condition 4 stated that should planting die within five years of being planted, it shall be replaced.

 

Recommendation to Permit agreed.

 

 

310.

SDNP/18/05093/LDE - Buryfield Cottage, Sheepwash, Elsted, Midhurst, GU29 0LA pdf icon PDF 211 KB

Existing lawful development certificate for occupation of a dwelling house without complying with an agricultural occupancy condition

Decision:

Refuse.

Minutes:

Mr Saunders provided an update with regards to the South Downs National Park Local Plan:  On 1st February 2019, the SDNPA published the Main Modifications schedule to the South Downs Local Plan.  The consultation on the ‘Main Modifications’ ran from 1 February 2019 and ended on 28 March 2019.  Whilst the Main Modifications have been proposed without prejudice to the Inspector’s final conclusions, it is not expected that the Inspector will now propose any further changes when issuing his final report in the spring.  Therefore, the South Downs National Park Authority considers that ‘significant weight’ should now be applied to all policies in the South Downs Local Plan, as amended to incorporate the Main Modifications.  This means that the policies should be given greater weight than any saved policies that were adopted prior to the National Planning Policy Framework (2012) that has, until now, formed part of the development plan.

 

Additional information was reported on the agenda update sheet by way of a letter from the applicant which had been forwarded to Members of the committee.

 

Mrs Golding drew the committee’s attention to point 15 in the applicant’s letter which cited two pieces of legal evidence, both from the case of Parker v Yeo 1972, and confirmed this was not a planning case, but one related to qualifying to stand as a Councillor and if the place of work was the council offices and whether the work of a Local Authority Councillor was employment for the purposes of the Local Government Act 1972.  The judge in this case ruled that although Councillors undertook work, this had a wider meaning than business or employment, and the duties of a Councillor did not therefore amount to employment. 

 

The following member of the public addressed the committee:

 

Mr A Shaxson – Applicant

 

The Chairman requested Mrs Golding to respond on the final statement from the applicant.  Mrs Golding confirmed that the appeal decision from the agent and applicant had been received but the applicant had quoted ‘only part of a sentence’ and Mrs Golding provided the committee with both relevant sentences in full:  ‘The word ‘employed’ can take the meaning of spending time doing something simply from pleasure or out of interest such as a hobby regardless of the financial outcome or with the intention of doing something with a financially beneficial outcome such as paid work’.  The inspector continued, ‘I consider that ‘employed’ in the condition is to be given the meaning more akin to the latter rather than the former.’ 

 

The Chairman commented that when he began his role as District Councillor in 2007, it was made abundantly clear to Councillors that they were not employees of the Council. 

 

A Member of the committee commented that the issue was not one of whether a Councillor received a wage or allowance but related to a building which no longer had a connection with agriculture and cited another application in which change of use from agricultural residence to normal residence had been  ...  view the full minutes text for item 310.

311.

SDNP/18/05965/FUL - Land East Of Flint Acre Farm Bignor Park Road Bignor pdf icon PDF 284 KB

Change use of land from agricultural to equestrian use. Erection of private stable building, associated hard standing, new 5 bar gate and access to the highway including culvert to ditch

Decision:

Refuse (contrary to officer recommendation).

Minutes:

Additional information was reported on the agenda update sheet regarding an additional condition that the development work to the stables and hardstanding would not begin until works to the access and culvert had been carried out in accordance with the approved drawing.  This work must also be to the satisfaction of SDNPA and require formal written consent from the Lead Local Flood Authority (WSCC) or its agent (CDC).

 

The following members of the public addressed the committee:

 

Mr E Mersey – Parish Representative

Miss F Johnston – Objector

Mrs A Booth – Objector

 

During the discussion Members sought clarification regarding SDNPA equestrian policies and Mr Saunders responded that the Local Plan states equestrian development will be permitted where compatible with the landscape and for equestrian buildings to be of good design or for existing buildings to be used where available.  Access should be appropriate and supplemental landscape features provided such as hedgerows. 

 

Members further debated the cumulative impact of such developments, drainage of hardstanding surfaces necessary for vehicles, suitability of the land which is ‘boggy’, the need for lights and water’ and changing the character of the area.  Mr Saunders confirmed that such development should comply with the new South Downs Local Plan, for purposes as a designation of a National Park.  Policy SD4 relates to the conservation and character of the landscape.  There are a number of policies which should be read in conjunction with the equestrian policy.  With regards to drainage of the hardstanding area, condition 4 requires details to be submitted to the Council.  Mr Saunders further added that ‘boggy’ fields have been traditionally used for grazing animals and utilities were already available on the site.

 

During the discussion, Members debated the potential drainage issues, and suitability of the location for horses.  Mrs Tassell proposed that the application should be refused on the grounds of the impact on the landscape which was seconded by Mr Elliot. 

 

Motion to Refuse agreed (contrary to officer recommendation).

 

 

312.

SDNP/19/00253/FUL - Aldsworth Manor Farm Sheepwash Lane Aldsworth pdf icon PDF 334 KB

Retrospective change of use of the land and building to builders yard and siting of a timber-clad portable building for ancillary office use

 

Decision:

Permit.

Minutes:

The following member of the public addressed the committee:

 

Mr A Elms – Applicant

 

During the discussion Members commented on the tidiness and appearance of the site, and importance of the business supplying flint for construction of walls within the local area.  Members sought clarification on whether conditions should be tightened regarding the potential for activities to change, and should the business move or cease, and if the premises would be returned to their original use, and if the lighting, and movement and storage of materials was considered appropriate.  Mr Saunders responded that conditions had been included regarding lighting and storage.  A condition could be included, that should the business cease the buildings would be returned to agricultural use, and any storage would be associated only with the business.  Members further discussed if a company name could be used to denote and limit the activities on the site which was confirmed for inclusion.

 

Recommendation to Permit agreed with additional condition restricting the height of any external storage.

 

 

313.

Schedule of Outstanding Contraventions pdf icon PDF 134 KB

This report presents the Schedule of Outstanding Planning EnforcementContraventions. The report provides an update on the position of contraventions included in the previous schedule and includes cases that have since been authorised.

Minutes:

The Committee considered and noted the schedule of outstanding contraventions circulated with the agenda, which was presented by Mrs Archer.

 

Mrs Archer updated members on the latest position relating to the statistics,

performance indicators and notices served as at 31 March 2019 adding that the Council is currently in a good position.

 

314.

Chichester District Council - Schedule of Planning Appeals, Court and Policy Matters between 22-Feb-2019 and 04-Apr-2019 pdf icon PDF 186 KB

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

Minutes:

The Committee considered and noted the schedule of planning appeals, court and policy matters (CDC) that had been circulated with the agenda.

315.

South Downs National Park - Schedule of Planning Appeals, Court and Policy Matters between 21-02-2019 and 04-04-2019 pdf icon PDF 118 KB

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

Minutes:

The Committee considered and noted the schedule of planning appeals, court and policy matters (SDNPA) that had been circulated with the agenda.