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Committee will be informed at this point in the meeting of any planning applications which have been deferred or withdrawn and so will not be discussed and determined at this meeting.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

Apologies were received from Cllr’s Burkhart, Burton and Sharp.

The minutes relate to the meetings of the Planning Committee on 22 November 2023; 6 December 2023 and 10 January 2024.

Following a vote, the minutes of the meeting held on Wednesday 22 November 2023 were agreed as a true and accurate record.

Following a vote, the minutes of the meeting held on Wednesday 6 December 2023 were agreed as a true and accurate record.

Following a vote, the minutes of the meeting held on Wednesday 10 January 2023 were agreed as a true and accurate record.

The chairman will announce any urgent items that due to special circumstances will be dealt with under agenda item 19(b).

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.

Cllr Quail declared a predetermination in Agenda Item 6 as she had already expressed opinions on the item when it had been considered by Chichester City Council.

Cllr Briscoe declared a pecuniary interest in Agenda Item 15 as he was the applicant.

Demolition of three workshops/sheds for the comprehensive redevelopment of the South-West area of the marina comprising four purpose built buildings including marine related workshops, offices, storage, reprovision and extension of the retail (chandlery) and a cafe/restaurant together with an additional 23 car parking spaces, boat parking and storage and appropriate landscaping - Variation of condition 3 from planning permission BI/12/00475/FUL (as amended by S.73 permission B1/22/01742/FUL) - Use Class variation of buildings A and D (Units A2 and D7 only) to allow greater flexibility., as amplified by email dated 22 May 2023.

Permit

Ms Bell presented the item. She explained why the application was being brought back to Committee (as detailed in the report papers at paragraph’s 1.4 and 1.5 page 36).

Ms Bell outlined the site location which was within the Chichester Marina. She further identified the sites A2 and D7 on the block plan. Ms Bell explained the applicant sought permission for a more flexible use of the identified units.

Ms Bell detailed the uses which would be permitted as part of the application, and highlighted the non-marine use classes which had been deleted from the application since it last came to Committee. The removal of those uses meant the applicant was no longer required to produce a Travel Plan.

Ms Bell assured the Committee that the units were not prevented from being used for marine use.

The Chairman informed the Committee that a request to speak had been received from the agent Mr Pearce, however, he had been in contact to say he was delayed. The Chairman opened the discussion.

Officers responded to comments and questions as follows;

Ms Bell clarified the difference between the use classifications ‘light industrial’ and ‘general industrial’.

Regarding the marketing of the site for marine use; Ms Bell informed the Committee the issue of marketing had been considered as part of a 2021 Planning Appeal at the site. Whilst the appeal was dismissed it was not on the grounds of inadequate marketing and officers were confident that the site had been adequately marketed for marine use.

During the discussion Mr Pearce the Agent joined the meeting, using his discretion the Chairman invited Mr Pearce to address the Committee, and to explain why they no longer wished to pursue a travel plan.

Mr Pearce explained to the Committee that it was not economically viable for the applicant to enter into an agreement which required a Travel Plan and subsequent traffic monitoring, therefore they had resubmitted the application with the permitted uses which requiring a travel plan deleted.

Following a vote, the Committee agreed to support to the report recommendation to permit.

Resolved; permit, subject to the conditions and informatives set out in the report.

Variation of conditions 4 and 16 of Planning Permission CC/98/00156/FUL (Change of use to A3 (food and drink) licensed premises) to i) vary condition 4 to allow later last orders up to 11.30pm on Fridays, Saturdays and Bank Holiday Mondays so as to align with the Premises License; and ii) vary condition 16 to control the timing and volume of amplified music.

Refuse, against officer recommendation

*Having declared a predetermination in the item Cllr Quail withdrew from the meeting.

Mr Mew presented the item. He gave a verbal update to inform the Committee that two further third-party comments had been received. He then drew attention to the Agenda Update sheet which included an additional consultee comment from CDC Environmental Protection; two additional third-party comments; points of clarification and amended/additional conditions.

Mr Mew outlined the application, which was located within the Chichester Conservation Area. He highlighted the site’s proximity to other buildings including the Prebendal School, the Bell Tower and the Dolphin and Anchor (Wetherspoons).

The Committee were shown a floor plan of the building, Mr Mew confirmed that no alterations were proposed as part of the development.

Mr Mew clarified the variations to the conditions as sought by the application.

Representations were received from;

Cllr Anne Scicluna – Chichester City Council

Alison Napier – Objector

Mrs Jane Langford – Objector

Mr Paul Nichols – Objector

Mr Michael Robson – Agent

In Cllr Burkhart’s absence the Chairman allowed Cllr Briscoe to read a statement on her behalf.

Officers responded to comments and questions as follows;

Responding to concerns regarding the variations to conditions; Mr Mew further clarified why the applicant was seeking to amend the condition 16. As Councillors had acknowledged on the site visit the sound from the venue was ‘barely audible’, however, barely audible could technically be in breach of the current conditions even though no harm was being caused.

Regarding the number of complaints received; Mr Mew informed the Committee that he was unaware of the exact number of complaints, however, there had been 15 pieces of correspondence received from April 2023.

On the matter on notice being given notice of a site visit; Mr Mew confirmed the venue had been made aware of the site visit, but this was reasonable. In addition, Mr Thomson explained a DJ event had replicated for the visit and compliance with the proposed levels had been demonstrated.

Addressing concerns that the venue were only compliant because they had been forewarned of the Committee visit; Mr Thomson informed the Committee that officers had undertaken an unannounced site visit in September 2023, the results from the venue showed compliance.

Mrs Stevens reminded the Committee they must consider whether the proposed conditions were acceptable.

Responding to concerns, Mr Thomson informed the Committee of his experience and qualifications in the field of noise management. He assured them the noise assessments undertaken and noise management plan were acceptable. The proposed maximum level of 80db was exceptionally low for a city centre.

Mr Thomson explained why the proposed Noise Management Plan, was more favourable than the current condition. He further explained how the use of a Noise Management Plan was standard practice and used as part of noise mitigation in a number of venues throughout the city.

Mr Thomson explained why the noise limits were not set from outside the venue.

Mr Thomson clarified what the abbreviation LAEQ stood for.

Responding to concerns that  ...  view the full minutes text for item 162.

Use of land for the stationing of 2 caravans for residential purposes, together with the formation of hardstanding

Defer for site visit.

The Chairman informed the Committee that an overarching presentation of the entire Gypsy and Traveller site would be given, following this the Committee would then consider each application site individually.

Miss Haigh highlighted the site location and identified each of the individual application sites within the location. She highlighted the sites proximity to the village of West Ashling and other gypsy and traveller sites.

Following the overarching presentation, Miss Haigh moved on to present agenda item 7 FU/23/02575/FUL. She drew attention to the Agenda Update sheet which included an amendment to Condition 4.

Miss Haigh outlined the site location and showed the proposed layout and elevations.

Miss Haigh explained the proposed nitrate mitigation measures and confirmed they had been approved by Natural England.

Representations were received from;

Cllr Jane Mottershead – Funtington Parish Council

Dr Angus Murdoch - Supporter

Officers responded to comments and questions as follows;

Responding to concerns the site was not sustainable; Miss Haigh acknowledged the concerns raised; however, she drew the Committee’s attention to paragraph 8.19 (page 119) and explained that it would not be reasonable to say the site was not sustainable.

Regarding the matter of dominance; Miss Haigh explained the issue of dominance had been considered by the Planning Inspector at appeal and was not upheld, she drew attention to paragraph 8.28 (page 121) of the agenda papers.

Responding to concerns regarding occupation of the sites; Miss Haigh informed the Committee that conditions could be applied to ensure the sites were occupied in accordance with policy.

On the matter of education provision; Mrs Stevens informed the Committee that officers were unaware of any issue regarding educational provision in the area. She explained that officers regularly consulted with WSCC education, however, they were not consulted on individual applications of this scale.

Responding to concerns of highway safety; Miss Haigh advised the Committee the site was already occupied and there was no evidence to suggest any concern over highway safety. In addition, WSCC Highways had raised no objections and it had not been raised as an issue at appeal.

Cllr Briscoe proposed the Committee defer the application for a site visit.

Cllr Cross seconded the proposal.

Following a vote, the Committee agreed to support Cllr Briscoe’s proposal to defer for site visit.

Resolved; defer for a site visit

*Cllr Quail re-joined the meeting at the start of the item

Construction of 1 no. shared utility building as an alternative to permission 18/00402/FUL.

Defer for site visit and further negotiations.

Miss Haigh presented the item and highlighted the plot site.

She showed the Committee the proposed site layout, floorplans and elevations.

Representations were received from;

Cllr Jane Mottershead – Funtington Parish Council

Officers responded to comments and questions as follows;

Mrs Archer confirmed there was an ongoing enforcement case at the site.

Mrs Stevens clarified the application was a full application and not outline.

Responding to concerns regarding the size and use of the utility room; Mrs Stevens acknowledged comments and advised an option would be for the Committee to defer the application to allow officers to further negotiate with the applicant regarding the description of the development.

Cllr Briscoe proposed the Committee defer the application for further negotiations around the description of the development and a site visit.

Cllr Cross seconded the proposal.

Following a vote, the Committee agreed to support Cllr Briscoe’s proposal to defer for further information and a site visit.

Resolved; defer for further information (as detailed above) and a site visit

Change of use of land for the stationing of 1 no. static caravan and 1 no. touring caravan for residential purposes, 1.no day room, formation of hardstanding and associated landscaping.

Defer for site visit and further information

Miss Haigh presented the item and highlighted the plot site.

The Committee were shown the proposed plot layout and the proposed elevations of the day room.

Representations were received from;

Cllr Jane Mottershead – Funtington Parish Council

Officers responded to comments and questions as follows;

On the matter of dominance; Miss Haigh informed the Committee the issue of dominance had been considered by the Inspector at a recent appeal hearing regarding the site. The Inspector made specific reference to the issue (which they did considered on cumulative scale) and ruled there was no negative impact.

Responding to concerns of surface water; Miss Haigh explained the issue of surface water would be addressed through the proposed pre-commencement condition set out in the report papers.

Regarding the high-pressure gas pipe; Miss Haigh informed the Committee the Health and Safety Executive had been consulted and had made no comments.

Mrs Stevens confirmed West Sussex County Council had been consulted on the matter of education and had submitted no comments.

Regarding the ownership of the land; Ms Golding informed the Committee that the ownership of the land was not a relevant to planning consideration.

Cllr Briscoe proposed the Committee defer the application for further information from WSCC Education to understand local capacity; West Sussex Fire and Rescue Service regarding access to the site, and a site visit.

Cllr Cross seconded the proposal.

Following a vote, the Committee agreed to support Cllr Briscoe’s proposal to defer for further information and a site visit.

Resolved; defer for further information (as detailed above) and a site visit

Change of use of land for the stationing of 4 no. static caravans and 4 no. touring caravans for residential purposes, together with the formation of hardstanding and associated landscaping.

Defer for site visit and further information

Miss Haigh presented the item and highlighted the plot site.

The Committee were shown the proposed layout.

There were no representations.

Cllr Briscoe proposed the Committee defer the application for further information from WSCC Education to understand local capacity; West Sussex Fire and Rescue Service regarding access to the site, and a site visit.

Cllr Cross seconded the proposal.

Following a vote, the Committee agreed to support Cllr Briscoe’s proposal to defer for further information and a site visit.

Resolved; defer for further information (as detailed above) and a site visit.

Use of land for the stationing of 1 no. caravan/mobile home for residential purposes, together with the formation of hardstanding.

Defer for site visit and further information

Miss Haigh presented the item and highlighted the plot site.

Miss Haigh showed the proposed site layout and confirmed the timber shed on site would be retained.

Representations were received from;

Cllr Jane Mottershead – Funtington Parish Council

Officers responded to comments and questions as follows;

Regarding the location of a high-pressure gas pipe; Miss Haigh confirmed there was a gas pipe near the site and highlighted where it was located. In addition, Mrs Stevens informed the Committee the proximity of the gas pipe had been considered at appeal a number of years ago, it had been dismissed by the inspector as no objection was received from the infrastructure provider.

Cllr Briscoe proposed the Committee defer the application for further information from WSCC Education to understand local capacity; West Sussex Fire and Rescue Service regarding access to the site, and a site visit.

Cllr Cross seconded the proposal.

Following a vote, the Committee agreed to support Cllr Briscoe’s proposal to defer for further information and a site visit.

Resolved; defer for further information (as detailed above) and a site visit

Stationing of caravans for residential purposes, hardstanding and utility/dayrooms ancillary to 3 no. pitches

Defer for site visit and further information

Miss Haigh presented the item. She drew attention to the Agenda Update sheet which included an amendment to paragraph 3.0 of the report papers and an additional condition.

Miss Haigh highlighted the proposed application site.

The Committee were shown the proposed elevations and layout.

Representations were received from;

Dr Angus Murdoch – Agent

Cllr Briscoe proposed the Committee defer the application for further information from WSCC Education to understand local capacity; West Sussex Fire and Rescue Service regarding access to the site, and a site visit.

Cllr Cross seconded the proposal.

Following a vote, the Committee agreed to support Cllr Briscoe’s proposal to defer for further information and a site visit.

Resolved; defer for further information (as detailed above) and a site visit

*Members took a 10-minutes break

*Cllr Potter left the meeting at the conclusion of the item.

Partial demolition, conversion, and alterations of the detached outbuilding adjacent to the public house to create a 3-bedroom chalet bungalow with associated parking and landscaping.

Defer for further information

Miss Haigh presented the item. She drew attention to the Agenda Update sheet which included an update on the Southbourne Neighbourhood Plan, which following a successful referendum now carried substantial weight.

Miss Haigh outlined the site location, which was within the settlement boundary of Hermitage. She detailed the buildings on the site and highlighted the outbuilding which was the subject of the Planning application being considered.

Miss Haigh informed the Committee the outbuilding was currently used as storage by the pub, however, the loss of storage could be accommodated within the pub. The development would result in the loss of one formal car parking space.

The Committee were shown the proposed elevations and floorplan.

Miss Haigh confirmed no objections had been received from WSCC Highways.

Representations were received from;

Cllr Amanda Tait – Southbourne Parish Council

Mr Barry Redsull – Objector

Mr Christopher Young - Objector

Mr Jake Russell – Agent

Cllr Tracie Bangert – CDC Member

*Cllr Andrew Kerry-Beddell – WSCC Councillor, had submitted a statement as he was unable to attend, this was distributed to all members of the Committee and members of the public gallery including the agent.

Officers responded to comments and questions as follows;

On the matter of bats in the building; Mrs Stevens confirmed that emerging studies had identified the presence of bats in the outbuilding, this had been considered by the Environmental Strategy team and addressed in their comments.

Responding to concerns of highway safety; Miss Haigh acknowledged the Committee’s concerns; however, she reminded the Committee that WSCC had raised no objections as there was unlikely to be any additional impact on the highway. The access was already established and there would be no increase in vehicle usage on the site.

Responding to concerns that the loss of the outbuilding would have a detrimental impact on the existing pub business; Miss Haigh advised the Committee there was no evidence to suggest or support the claim, therefore it would be unreasonable to refuse on such grounds.

On the matter of a new dwelling being developed next to a pub; Miss Haigh acknowledged comments, but confirmed officers were satisfied the buildings could co-exist.

On the matter of parking provision; Miss Haigh clarified the development would result in the loss of one formal parking space from the pub and one further informal parking space.

Regarding the narrowing of the access; Miss Haigh informed the Committee the proposal was for the development to run along the line of the current access track and was not expected to cause any narrowing.

On the matter of refuse collection; Miss Haigh explained that officer did not believe there would be any impact on refuse collection for the pub, as this would have been addressed by WSCC highways.

Miss Haigh confirmed that policy SP11 had been considered in the officer report.

Having listened to the debate Cllr Briscoe proposed the application be deferred for further information from West Sussex County Council Highways regarding road safety along the A259, and for  ...  view the full minutes text for item 169.

Siting of 1 no. caravan, with toilet for the purpose of on-site small holding farm assistance and erection of timber board enclosure and aviary cages for animal welfare and security, (retrospective).

Defer for S106 then permit; against officer recommendation.

Mr Mew presented the item and drew attention to the Agenda Update sheet which included additional supporting information. He also provided a verbal update to correct the policies referenced in paragraph 8.22, page 322; changing policy 47 to policy 45.

Mr Mew outlined the site location, which was located within the Parish of Sidlesham. He showed the Committee the proposed site plan, highlighting the location of the mobile home and composting toilet.

The Committee were shown the proposed elevations and layout. Mr Mew explained there was no agricultural justification for a permanent mobile home to be installed on the site.

Representations were received from;

Mr Craig – Applicant

Cllr Tracie Bangert – CDC Member

Cllr Val Weller – CDC Member 

Officers responded to comments and questions as follows;

On the matter of a temporary permission being granted; Mr Mew advised the Committee this would be an acceptable proposal and would allow the applicant time to gather evidence which could then be assessed against policy 37. A temporary permission would normally be for a three-year period.

Regarding the level of harm and impact on the surrounding area; Mr Mew drew the Committee’s attention to paragraph 8.26 of the agenda papers (page 323) which set out the officer’s conclusions; whilst the principle of the proposal is unlikely to result in any unacceptable impact to the area, the development is in contrary to policy 37.

Mrs Stevens reminded the Committee the application was not recommended for refusal on the grounds of harm to the area, it was recommended for refusal because it was contrary to policy.

Regarding educational visits with birds; Mr Mew explained it was officer understanding the birds were taken off site for demonstrations which did have some education value. However, this did not provide justification for overnight accommodation at the site.

Mr Mew advised the Committee that if they wished to propose a temporary permission, it would need to be deferred for a section 106 agreement to be secured for recreational disturbance.

Having listened to the debate Cllr D Johnson proposed the Committee permit the application for a temporary period. Mrs Stevens advised Cllr D Johnson the recommendation would need to be ‘defer for section 106 then permit’, and would include a condition for a temporary permission, plus other conditions such as ecological enhancements, non-commercial use; no external lighting; secure cycling storage and parking space.

Cllr D Johnson confirmed she was happy to accept Mrs Stevens recommendation to; ‘Defer for Section 106 then permit; with the inclusion the suggested conditions including the condition for a three year temporary permission’.

Cllr Betts seconded the proposal.

Before moving to the vote, Miss Golding clarified the recommendation would apply to the whole site.

Following a vote, the Committee agreed to support Cllr D Johnson’s proposal to defer for S106 then permit.

Resolved; Defer for S106 the permit; subject to the agreed conditions.

*Members took a ten minute break

Oak framed car barn with installation of solar PV panels on south facing roof and EV charging point.

Permit

*Having declared a pecuniary interest in the item Cllr Briscoe withdrew from the meeting.

Miss Haigh presented the item.

She outlined the site location and showed the Committee the proposed elevations. The proposed car port would be open on three sides and enclosed on the west elevation.

Miss Haigh drew attention to the solar panels which would be installed on the southern facing roof as part of the development.

There were no representations.

The Committee had no comments or questions.

Following a vote, the Committee agreed to support to the report recommendation to permit.

Resolved; permit, subject to the conditions and informatives set out in the report.

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

The Committee agreed to note the update.

*Cllr Briscoe rejoined the meeting at the start of this item

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

The Committee agreed to note the update.

The Planning Committee is askedd to note the schedule update of planning enforcement notices.

Mrs Archer presented the report.

The Committee agreed to note the report.

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

There were no late items.

There are no restricted items for consideration.

There were no part two items.