Agenda, decisions and draft minutes

Planning Committee
Wednesday 4 September 2019 9.30 am

Venue: Committee Rooms, East Pallant House. View directions

Contact: Democratic Services  Email:  democraticservices@chichester.gov.uk

Items
No. Item

51.

Chairman's Announcements

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Committee will be informed at this point in the meeting of any planning applications which have been deferred or withdrawn and so will not be discussed and determined at this meeting.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


Apologies for absence had been received from Mr Wilding and Mrs Johnson.

52.

Approval of Minutes pdf icon PDF 104 KB

The minutes relate to the meeting of the Planning Committee on 7 August 2019.

Minutes:

That the minutes of the meeting held on 7 August 2019 be approved and signed bythe Chairman as a correct record.

53.

Urgent Items

The chairman will announce any urgent items that due to special circumstances will be dealt with under agenda item 14.

Minutes:

There were no urgent items.

54.

Declarations of Interests pdf icon PDF 60 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:

Mr Barrett declared a personal interest in planning application BI/19/01051/FUL as a Chichester District Council appointed member of the Chichester Harbour Conservancy and a prejudicial interest in WI/19/01353/FUL as a personal acquaintance of the applicant.

Rev Bowden declared a personal interest in planning applications

CC/19/01134/REM, CC/19/01192/FUL and CC/19/01323/FUL as a member of Chichester City Council.

 

Mr Oakley declared a personal interest in planning applications BI/19/01051/FUL

CC/19/01134/REM, CC/19/01192/FUL, CC/19/01323/FUL, EWB/19/00934/FUL, WI/19/01353/FUL and SI/18/02925/FUL as a member of West Sussex County Council.

 

Mrs Purnell declared a personal interest in planning applications BI/19/01051/FUL

CC/19/01134/REM, CC/19/01192/FUL, CC/19/01323/FUL, EWB/19/00934/FUL, WI/19/01353/FUL and SI/18/02925/FUL as a member of West Sussex County Council.

 

Mrs Sharp declared a personal interest in planning applications CC/19/01134/REM, CC/19/01192/FUL and CC/19/01323/FUL as a member of Chichester City Council.

 

55.

BI/19/01051/FUL - Scuttlebutt Café, Birdham Pool, The Causeway, Birdham, West Sussex pdf icon PDF 510 KB

Change of use of the land from ancillary boat storage to the Birdham Pool
marina to A3 cafe with associated decking, seating, and facilities areas and
mobile tea hut (retrospective).

 

Decision:

Permit

Minutes:

Mr Sims introduced the application.

 

Additional information was reported on the agenda update sheet relating to an amendment to condition 2 to omit a reference to Birdham Pool Marina, and also that the development shall only be used as a Class A3 café.

 

The following members of the public addressed the Committee:

 

Mr Graham Campbell – Parish Representative

Mrs Anita Trevelyan – Supporter

Mrs Diana Fawcett – Supporter

 

During the discussion members sought clarification on a number of points. Mr Sims addressed the question of seasonable use, explaining that the applicant had specifically not applied for seasonable use and that when boats were in storage during the winter months the employees within the marina and boat owners were carrying out maintenance on the site and would benefit from the availability of the café.  With regards to the lighting, Mr Sims drew the Committees attention to condition 4 which requested the submission of a lighting scheme to support the interests of wildlife and conserve the dark skies in the AONB.  On the question of waste water, a main sewer ran along the causeway and therefore it was anticipated that foul water would be connected to that existing main sewer. Mr Sims further responded that an informative could be placed on the public rights of way, to ensure parking did not occur along it, and confirmed the applicant could be made aware of this. 

 

Mr McAra left the meeting at 9.50am.

 

On the matter of the opening hours, Mr Sims explained that the applicant had requested 08.00 until 21.30, but by way of compromise officers had suggested 08.00 until 20.00 on Mondays to Saturday and 09.00 until 18.00 on Sundays and Public Bank Holidays as recorded within the suggested conditions in the report.  Members agreed a proposal to amend condition 3 to the opening hours of 08.00 until 20.00 daily.

 

Mr Whitty responded to the question of whether a condition should be added to restrict the erection of a canopy, that any such structure was likely to be small-scale and akin to those used when repairing boats, so therefore the condition would not be reasonable.

 

The Chairman requested a vote on the change to condition 3 to the opening hours as 08.00 until 20.00 daily which was agreed.

 

Recommendation to permit agreed subject to the change to condition 3 and the informative not to park on the public rights of way. 

56.

CC/19/01134/REM - Land West Of Centurion Way And West Of Old Broyle Road Chichester West, Sussex PO19 3PH pdf icon PDF 269 KB

All outstanding Reserved Matters for the erection of 73 residential
dwellings with associated parking, landscaping, informal open space and
associated works on Parcel P2.A, pursuant to permission 14/04301/OUT
and approval of the West of Chichester Residential Architectural Design
Strategy (August 2019, ref CB_70_068 Rev J), in compliance with
condition 27 of permission 14/04301/OUT

 

Decision:

Defer

Minutes:

Miss Bell introduced the application.

 

Additional information was reported on the agenda update sheet relating to an amendment to the drawing numbers in the conditions and drawing plans table shown on pages 58, 59 and 60 of the report to ensure consistency through minor changes, and the deletion of a duplicate drawing.  A further verbal update was provided relating to an amendment to the materials for plot 29, a change to condition 10 also relating to materials, and a recommendation for roadways and parking spaces to be permeable or non-permeable under condition 13, in regards to surface water drainage.

 

The following members of the public addressed the Committee:

 

Mr Julian Joy - Parish Representative

Ms Valerie Briginshaw – Objector

Mr Nicholas Billington – Agent

Mr Richard Plowman – Chichester District Council Member

Mrs Clare Apel - Chichester District Council Member

Mr Adrian Moss - Chichester District Council Member

 

During the discussion members sought clarification on a number of points.  Regarding the over-arching principles, Mr Whitty responded that both the City Council and the District Council had declared a climate emergency which would be given due weight going forward in decisions taken by officers and Members, but reminded the Committee that planning decisions must be taken in accordance with the adopted Local Plan.  The Climate Emergency would influence the emerging local plan and it was a material consideration to take account of in determining planning applications.  However, the starting point was the current Local Plan and the fact that outline permission had already been granted on this site, it was not reasonable to return to matters which were dealt with at the outline stage.  Mr Whitty added that the developer had recently heard the Committees views on the overall residential Design Strategy and following a number of meetings with developers, officers had been able to encourage them to go further than the developers considered was necessary by the policy.  Mr Whitty advised the Committee, that should the applicant go to appeal, the inspector may consider that they did not need to go beyond the policy, as they had currently agreed.  Mr Whitty confirmed that officers believed they achieved a better result in terms of sustainability than the current policy required.

 

Miss Bell responded that there was an outline planning permission which included almost forty conditions, a Section 106 agreement and the recommendation before the Committee.  The report also included a number of Discharge of Conditions applications and more had been received since the publication of the report.  All conditions had time ‘triggers’ by when they must be complied with.  Miss Bell clarified that it was possible to consider a reserved matters application on a parcel of land, whilst simultaneously discharging and considering conditions on the outline plan with details reviewed by officers on a continuous basis.  On the matter of sewage, this was dealt with in the outline permission which provided choices, and the developer was required to inform the Council of their decision regarding which option had been chosen.  A  ...  view the full minutes text for item 56.

57.

CC/19/01192/FUL - 9 Crane Street Chichester West Sussex PO19 1LJ pdf icon PDF 686 KB

Change of use from A1 retail to A4 for use as a drinking establishment.

 

Decision:

Permit

Minutes:

Mrs Stevens introduced the application.

 

Additional information was reported on the agenda update sheet relating to an amendment to the description and conditions 3, 4 and 5 regarding use as a micro-pub, timing of deliveries and that no live music was to be played.

 

The following members of the public addressed the Committee:

 

Mr Steven Pottinger - Agent

 

During the discussion members sought clarification on a number of points.  Mrs Stevens confirmed that there was no requirement for a marketing exercise although the property had been vacant since December 2017.  With regards to a clarification on a matter of consistency in connection with the next planning application on the agenda, Mr Whitty reminded Members that each planning application should be considered on its own merits. 

 

During a further discussion members sought clarification on a number of points.  Mrs Stevens responded that the type of alcohol would not be controlled, and that the applicant had agreed to the condition that prevented live music.  Mrs Stevens also confirmed that condition 6 referred to smoking and a scheme to prevent litter as a result of smoking in the street.  The toilet facilities would be controlled by building regulations and overseen by the Environmental Health Team.

 

Recommendation to Permit agreed. 

 

58.

CC/19/01323/FUL - 72-73 South Street Chichester PO19 1EE pdf icon PDF 752 KB

Change of use from A1 (retail) to flexible A3/A4 use (restaurant/drinking establishment).

Decision:

Refuse

Minutes:

Mrs Stevens introduced the application.

 

Additional information was reported on the agenda update sheet relating to an amendment to the name of the applicant.

 

During the discussion members sought clarification on a number of points.  Mrs Stevens explained the differences between this application and the previous application, which related to the location on a main shopping street rather than a side street which, was also near to The Cross which was the central point of the city centre shops, and that the premises had been used as a ‘pop-up’ art gallery in recent months showing that the unit had not been vacant for such a long period of time.  Mr Whitty added in response to the request for further clarification, that there was no specific time-period before the class of the premises could be changed from retail, that the premises could be empty for up to two years and that the Local Plan would deal with this matter by way of policy.

 

Recommendation to Refuse agreed. 

 

59.

EWB/19/00934/FUL - Unit J Hilton Park East Wittering Chichester West Sussex PO20 8RL pdf icon PDF 626 KB

Decision:

Defer

Minutes:

Mr Sims introduced the application.

 

Additional information was reported on the agenda update sheet relating to comments from the Economic Development Team, amendment to the site history and an amendment to recommendation.

 

The following members of the public addressed the Committee:

 

Mr Trevor Bennett – Objector

Mr Marcus Green – Supporter

Mr David Gerrie – Supporter

Mr Ben Price – Applicant

 

During the discussion members sought clarification on a number of points.   Mr Sims responded that the comments from Economic Development were given as a professional opinion.  Mr Sims confirmed that Economic Development considered that there was a demand for B1 premises and the loss of this unit would remove the opportunity for a light industrial business to move into the premises.  Mr Sims explained the report acknowledged the benefits as debated by the Committee, but that there was a clear conflict in relation to the aims which policy 26 was established to achieve.  Mr Sims advised that in conclusion the application failed to comply with the policy, and even taking the material considerations into account, did not outweigh the requirements of policy.  Mr Sims confirmed that three full-time members of staff and three part-time members of staff were employed by the business.

 

A proposal was made to permit the application which was seconded.  Mrs Golding confirmed that the officers could settle conditions but advised that the period for compliance for representation had not yet closed and that should the Committee wish to permit the application there would be a requirement to defer it until the end of the consultation period.  Mr Whitty added that there may also be a requirement to advertise a departure from the Local Plan, but that officers would consider this matter further. 

 

Recommendation to defer until the end of the consultation period.

 

 

60.

WI/19/01353/FUL - Dobbies & The Shieling Itchenor Road West Itchenor PO20 7AA pdf icon PDF 541 KB

Alterations to existing access, parking areas and front boundary at
'Dobbies' and 'The Shieling', and installation of timber pergola for boat
store attached to garage of 'Dobbies'.

 

Decision:

Permit

Minutes:

Mr Barrett declared a prejudicial interest and left the table for the duration of the discussion of the planning application.

 

Mr Sims introduced the application.

 

Additional information was reported on the agenda update sheet relating to the submission of an amended plan of the ‘Proposed Plans & Elevations’.

 

During the discussion members sought clarification on a number of points.  Mr Whitty confirmed that the loss of the hedge was considered acceptable and also that the quality of the wall to be constructed was also considered as acceptable.

 

Recommendation to Permit agreed. 

 

61.

SI/18/02925/FUL - Land South Of Telephone Exchange Selsey Road Sidlesham West Sussex pdf icon PDF 442 KB

Proposed private stable block and associated hard standing. New access to
the highway.

 

Decision:

Confirmation that the Local Planning Authority will not seek to defend the appeal against non-determination of the application.

Minutes:

Mr Sims introduced the application.

 

Additional information was reported on the agenda update sheet relating to further comments from the Parish Council, and officer comments and assessments in response to those comments. The comments confirmed that the Local Planning Authority is no longer able to determine the application as the applicant had appealed to the Secretary of State, that the size of the land was provided within the report, and that the turning out of horses would not require express planning permission.  The Environment Agency had raised no objection, and horse waste would be managed via the recommended conditions.

 

During the discussion members sought clarification on a number of points.  Mr Whitty confirmed that gateway had been moved further back onto the land, and that West Sussex County Council Highways had provided further comments and were satisfied with the application in relation to the highway, and also that the muck heap had been relocated.   Mr Whitty reminded the Committee that the Council had lost its ability to impose conditions, but there were a number of conditions which had been suggested by the Council and it would now be at the behest of the planning inspector as to whether those conditions were imposed.

 

Recommendation to not to defend the appeal agreed. 

 

62.

Chichester District Council - Schedule of Planning Appeals, Court and Policy Matters between 19 July 2019 and 16 August 2019 pdf icon PDF 490 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:

Additional information was reported on the agenda update sheet relating to future dates and venues for Current Hearings and Public Inquiries.

 

There were no comments or questions relating to this item.

 

63.

South Downs National Park - Schedule of Planning Appeals, Court and Policy Matters between 19 July 2019 and 16 August 2019 pdf icon PDF 135 KB

Schedule of Planning Appeals, Court and Policy Matters between 19 July 2019 and 16 August 2019

Minutes:

Additional information was reported on the agenda update sheet relating to future dates and venues for Current Appeals.

 

Attention was drawn by the ward Member to planning application SDNP/18/05965/FUL.

 

64.

Consideration of any late items as follows:

The Planning Committee will consider any late items announced by the Chairman at the start of this meeting 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

Minutes:

There were no late items.

65.

Exclusion of the Press and Public

The committee is asked to consider in respect of the following item(s) whether the public interest including the press should be excluded from the meeting on the grounds of exemption under Parts I to 7 of Schedule 12A of the Local Government Act 1972, as indicated against the item and because, in all the circumstances of the case, the public interest in maintaining the exemption of that information outweighs the public interest in disclosing the information.The reports dealt with under this part of the agenda are attached for members of the Cabinet and senior officers only (salmon paper)

 

Or

 

There are no restricted items for consideration.

Minutes:

There was no requirement to exclude that press and public.