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Committee will be informed at this point in the meeting of any planning applications which have been deferred or withdrawn and so will not be discussed and determined at this meeting.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

The minutes relate to the meeting of the Planning Committee on 7 February 2024.

The minutes of the meeting of 7 February 2024 would be carried forward and agreed at the next meeting of the Planning Committee.

The chairman will announce any urgent items that due to special circumstances will be dealt with under agenda item 12 (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 S Johnson declared a predetermination Agenda Item 6 – SB/23/00024/OUT – Land to the North Of Penny Lane; as he had expressed an opinion on the application when it was considered by Chidham & Hambrook Parish Council.

Hybrid Planning Application, Phase 1 (Full application) - erection of new 5 no. buildings for manufacturing and ancillary uses, extension and reconfiguration of existing facility including demolition works and removal of temporary structures, creation of new vehicular access from Roman Road, car and HGV parking and other associated works and infrastructure, including earthworks, drainage, utilities, landscaping and diversion of footpath. Phase 2 (Outline Planning application) - extension to new main building to deliver decked car parking, and new building(s) on existing Stane Street Car Park, for assembly and ancillary uses and other associated works, demolition/site clearance and infrastructure, including earthworks, drainage, utilities and landscaping. (All Matters Reserved except access).

Defer for further information

Mr Bushell presented the report, Mr Gledhill from West Sussex County Council Highways was also in attendance.

Mr Bushell explained the application was hybrid application and would be delivered in two phases. He provided a brief summary of the development site and drew the Committee’s attention to the Economic Development team comments in the report.

Mr Bushell outlined the application site, highlighting its proximity to the settlement of Westhampnett, the boundary of the national park and public rights of way.

Mr Bushell detailed the stages of development proposed and described what would be brought forward during the two phases. He detailed the proposed access arrangements and explained how the applicant sought to alleviate traffic management issues including the development of a new internal road and a change in staff shift times.

Mr Bushell informed the Committee that the applicant had applied to the Secretary of State for permission to divert footpath 417, (further detail was set out on page 47 of the report).

Mr Bushell drew attention to the Agenda Update sheet which included additional comments from Westhampnett Parish Council and Natural England, an addition to the S106 agreement and an amendment to condition 12.

Representations were received from;

Dr Windsor Holden – Westhampnett Parish Council

Mr Andrew Blanchard – Objector

Mr John Brown – Objector

Mr Andrew Ball – Applicant

Officers responded to comments and questions as follows;

Responding to concerns over the proposed transport arrangements: Mr Bushell, acknowledged concerns, but assured the Committee that a very detailed Access Strategy had been submitted as part of the application. He explained the assessment had considered seven alternative solutions for accessing the new development, which aimed to deliver four key objectives (one of which was to reduce the number of HGV movements through the village of Westhampnett). Of the seven alternatives considered the option put forward was the only one which delivered the key objectives.

Regarding the option of vehicles only using the Eastern access on Stane Street to enter the site; Mr Bushell agreed this was a good point; however, he explained this option was not taken forward as it would potentially increase the number of HGVs passing through Westhampnett. In addition, Mr Gledhill informed the Committee that Stane Street was not wide enough to accommodate all potential HGV movements, the widening of the road would have significant environmental impact therefore the option was not considered in any detail.

On the matter of the footpath; Mr Bushell clarified the footpath was not being ‘Stopped Up’ but was being diverted. It would remain a public footpath. He agreed it would be a more circuitous route and acknowledged the concerns raised, however, there was evidence to show that people already walked around the edge of the field (which is where the footpath would be diverted) and the new diversion would provide a wider, fully accessible path with an improved surface.

Regarding the future maintenance of the footpath; Mr Bushell advised this would be the responsibility of WSCC as the local rights of  ...  view the full minutes text for item 181.

Erection of up to 84 dwellings with associated parking, public open space, drainage and alterations to access (all matters reserved except for access).

Defer for S106 then permit.

Having declared a predetermination in the item Cllr S Johnson withdrew from the meeting.

The Chairman apologised for the short delay in recommencing the meeting, however, a point of order had been raised which required legal clarification.

The Chairman invited Cllr Hickson to present her point of order.

As a point of order Cllr Hickson requested the application be deferred on the grounds that the Agenda Update had not been made available within the legally prescribed time (five clear working days ahead of the meeting).

The Chairman invited Ms Golding to address the point of order. Ms Golding explained the Agenda Update Sheet was something produced ahead of every Planning Committee. She agreed there was a legal requirement for reports to be published five clear days ahead of the meeting and confirmed the application report had been published within the legally prescribed time. With regards to the Agenda Update Sheet, Ms Golding explained the very nature of planning meant further information was continually being brought forward, therefore, the Agenda Update Sheet was produced to make sure all interested parties were kept informed. She explained the updates could be given as verbal at the start of the meeting.

Ms Golding advised the Committee that the point of order did not stand and the Committee could continue.

In addition, Mrs Stevens provided further detail regarding the update to Agenda items 6, 7 & 8 and the additional legal advice which had been provided.

Mr Cranmer presented the report, Mr Gledhill and Mrs Meeus from West Sussex County Council Highways were also in attendance.

Mr Cranmer outlined the site location, which was outside the Southbourne settlement boundary. he explained the application was an outline application for 84 dwellings with all matters reserved expect access.

Mr Cranmer presented the proposed parameter plans, highlighting the sites proximity to the proposed wildlife corridor. He detailed the proposed drainage strategy, which had been reviewed by West Sussex County Council (WSCC) in their capacity as the Lead Flood Authority, who had raised no objection to the proposals.

Mr Cranmer drew attention to the Agenda Update sheet which included additional comments on the following; the application of the ‘tilted balance’; Planning Policy; Southbourne Broad Location for Development – emerging Chichester Local Plan Review Preferred Approach 2016 – 2025; Railway Crossing contribution timing; Third-party representations; a consultation response from the CDC Design officer and amendments to typographical omissions.

Representations were received from;

Cllr Amanda Tait – Southbourne Parish Council

Dr Nicholas Minter – Objector (Statement read by Iwona Defer)

Mr Ian Goddard – Objector (Hermitage Residents Group)

Mr Michael Lillywhite – Objector

Mr Ian Johnson – Agent

Cllr Oona Hickson – CDC Ward member

Officers responded to comments and questions as follows;

Mr Cranmer confirmed the  Park Homes site was residential and operated all year round. He acknowledged he had  misspoken in the presentation when he referred to it as holiday park but confirmed this had no impact on the proposed recommendation which, as set out at 2.2 of the Report,  ...  view the full minutes text for item 182.

Outline planning application (with all matters reserved except access) for the development of 40 residential dwellings (Use Class C3), with associated vehicular access, parking and open space.

The Committee is asked to consider the attached report and make the proposed recommendation as follows;

2.1      The Committee is asked to note the contents of this report and endorse the resolution of the 6 December 2023 Planning Committee to defer the application for S106 and then permit subject to:

i.        conditions as set out in Appendix 1.

ii.      Replacement hedgerow condition

No development shall commence on site, unless and until details of new hedgerow planting and hedgerow strengthening, to mitigate the loss of hedgerow at the site access, has been submitted to and approved in writing by the Local Planning Authority.  The details shall include a planting plan and schedule of plants noting species, plant sizes and proposed numbers/densities, and shall include a program/timetable for the provision of the landscaping, including watering and maintenance arrangements. The works shall be carried out in accordance with the approved details and planting timetable and in accordance with the recommendations of the appropriate British Standards or other recognised codes of good practice. Any plants which are removed, die or become seriously damaged or defective, shall be replaced as soon as is reasonably practicable with others of species, size and number as originally approved unless otherwise first agreed in writing by the Local Planning Authority.

Reason: In the interests of conserving and enhancing biodiversity.

iii.    Expansion of the Green Ring condition

In conjunction with the first Reserved Matters application, details and plans demonstrating an increase to the open space area adjacent to the northerns and western boundaries within the application site to strengthen the provision of the ‘Green Ring’ (over and above that indicated on the sketch site layout drawing number 3132/C/10005/SK rev 5) and including how the Green Ring will relate to the adjacent approved housing scheme to the north and west, shall be submitted to and agreed, in writing, by the Local Planning Authority.

Reason: in the interests of ecological connectivity, outdoor recreation and encouraging sustainable movement through the Parish.

iv.    Biodiversity Net Gain Assessment condition

In conjunction with the first Reserved Matters application, a Biodiversity Net Gain Assessment Report, setting out how the development will result in a minimum Biodiversity Net Gain of 10%, measured against the Statutory Biodiversity Metric, together with a timetable for delivery and verification measures, shall be submitted to and agreed, in writing, by the Local Planning Authority.

Reason: To ensure that the development results in an appropriate biodiversity enhancement.

The Committee notes the contents of the report and endorse the resolution of the 6 December Planning Committee to defer the application for S106 and then permit subject to:

i.               Conditions as set out in Appendix 1

ii.             Replacement hedgerow condition

No development shall commence on site, unless and until details of new hedgerow strengthening, to mitigate the loss of hedgerow at the site access, has been submitted to and approved in writing by the Local Planning Authority. the details shall include a planting plan and schedule of plants noting species, plant sizes and proposed numbers/densities, and shall include a program/timetable for the provision of the landscaping, including watering and maintenance arrangements. The works shall be carried out in accordance with the approved details and planting timetable and in accordance with the recommendations of the appropriate British Standards or other recognised codes of good practice. Any plants which are removed, die or become seriously damaged or defective, shall be replaced as soon as is reasonably practicable with other of species, size and number as originally approved unless otherwise first agreed in writing by the Local Planning Authority.

Reason; in the interests of conserving and enhancing biodiversity.

iii.            Expansion of the Green Ring condition

In conjunction with the first Reserved Matters application, details and plans demonstrating an increase to the open space area adjacent to the northerns and western boundaries within the application site to strengthen the provision of the ‘Green Ring’ (over and above that indicated on the sketch site layout drawing number 3132/C/10005/SK rev 5) and including how the Green Ring will relate to the adjacent approved housing scheme to the north and west, shall be submitted to and agreed, in writing, by the Local Planning Authority.

Reason: in the interests of ecological connectivity, outdoor recreation and encouraging sustainable movement through the Parish.

iv.            Biodiversity Net Gain Assessment condition

In conjunction with the first Reserved Matters application, a Biodiversity Net Gain Assessment Report, setting out how the development will result in a minimum Biodiversity Net Gain of 10%, measured against the Statutory Biodiversity Metric, together with a timetable for delivery and verification measures, shall be submitted to and agreed, in writing, by the Local Planning Authority.

Reason: To ensure that the development results in an appropriate biodiversity enhancement.

Ms Bell presented the report. She explained why the application had been brought back to Committee, following its decision at Committee on 6 December 2023 to defer for S106 and then permit.

Ms Bell highlighted the site location which was adjacent to the settlement boundary of the made Southbourne Neighbourhood Plan. She highlighted its proximity to neighbouring development sites.

At the last Committee members had debated the green ring, Ms Bell drew attention to the report and informed members that following on from the debate a new condition had been proposed to address concerns raised and promote the expansion of the green ring. 

Ms Bell drew the Committee’s attention to the Agenda Update sheet which included which included an additional comment regarding the application of the ‘tilted balance’ and an update from Planning Policy.

Representations were received from;

Cllr Amanda Tait – Southbourne Parish Council

Rebecca Fenn-Tripp – on applicant’s behalf

Officers responded to comments and questions as follows;

On the issue of the 10% biodiversity net gain and whether this could be achieved on site; Ms Bell informed the Committee that at this stage it was unknown, however, she suggested an informative be included with the permission stating that as much if not all of the required biodiversity net gain is delivered on site.

Following a vote, the Committee agreed to support the report recommendation including the additional verbal informative.

Resolved; The Committee notes the contents of the report and endorse the resolution of the 6 December Planning Committee to defer the application for S106 and then permit subject to (and including the verbal informative):

i.               Conditions as set out in Appendix 1

ii.             Replacement hedgerow condition

No development shall commence on site, unless and until details of new hedgerow strengthening, to mitigate the loss of hedgerow at the site access, has been submitted to and approved in writing by the Local Planning Authority. the details shall include a planting plan and schedule of plants noting species, plant sizes and proposed numbers/densities, and shall include a program/timetable for the provision of the landscaping, including watering and maintenance arrangements. The works shall be carried out in accordance with the approved details and planting timetable and in accordance with the recommendations of the appropriate British Standards or other recognised codes of good practice. Any plants which are removed, die or become seriously damaged or defective, shall be replaced as soon as is reasonably practicable with other of species, size and number as originally approved unless otherwise first agreed in writing by the Local Planning Authority.

Reason; in the interests of conserving and enhancing biodiversity.

iii.            Expansion of the Green Ring condition

In conjunction with the first Reserved Matters application, details and plans demonstrating an increase to the open space area adjacent to the northerns and western boundaries within the application site to strengthen the provision of the ‘Green Ring’ (over and above that indicated on the sketch site layout drawing number 3132/C/10005/SK rev 5) and including how the Green Ring will  ...  view the full minutes text for item 183.

Outline planning application (with all matters reserved except access) for the development of up to 94 residential dwellings, new access from Lagness Road, public open space, landscaping, sustainable urban drainage and associated works including new footway and cycleway links.

The Committee is asked to consider the attached report and make the proposed recommendation;

The Committee is asked to note the contents of this report and endorse the resolution of the 8 November Planning Committee to defer the application for S106 and then permit subject to conditions.

The Committee notes the contents of the report and endorse the resolution of the 8 November Planning to defer the application for S106 and then permit subject to conditions.

Mr Bushell presented the report, he explained why the application had been brought back to Committee (for the third time).

Mr Bushell outlined the site location, which the Planning Committee visited in July 2023. He detailed the proposed access arrangements and highlighted the proposed Parameter Plan which would be secured through Condition 3.

Mr Bushell drew the Committee’s attention to the Agenda Update sheet which included an additional comment regarding the application of the ‘tilted balance’; an additional comment from WSCC Education advising its position was unchanged since November; confirmation from Environmental Protection regarding lighting issues with the adjacent Vitacress Nursery and the inclusion of two conditions regarding off-site foul drainage and land contamination which were forward from the November Committee Update Sheet.

Representations were received from;

Mr David Maclean – North Mundham Parish Council

Cllr Simon Oakley – West Sussex County Council Councillor

Mr Chris Page – Objector (Chairman of the Mundham & Runcton Residents Association) – Statement read by David Maclean

Mr Ian Chivers – Objector

Mr Steve Clark – Supporter

Mrs Lisa Jackson – Agent

Officers responded to comments and questions as follows;

Responding to concerns of school places at North Mundham primary; Ms Bell reminded the Committee WSCC had confirmed there was capacity at the primary school.

Regarding the use of Marsh Lane by construction vehicles; Mr Bushell agreed the wording in Condition 4 could be amended to prevent construction vehicles from entering the site via the north end of Marsh Lane and leaving the site travelling north along Marsh Lane

Mr Bushell agreed Condition 14 could be amended to ensure all new planting is maintained in perpetuity.

Responding to concerns over waste water capacity; Ms Stevens acknowledged comments made by members, however, she reminded the Committee that they must determine the application in front of them; anecdotal evidence could not be taken into account, the statutory undertaker Southern Water has confirmed they have capacity. In addition, Mr Bushell drew members attention to the Agenda Update Sheet which included an additional condition to address foul drainage concerns.

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

Resolved; The Committee notes the contents of the report and endorse the resolution of the 8 November Planning to defer the application for S106 and then permit subject to conditions (including the amendments).

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 item.

*Cllr Bates left the meeting at 2.50pm

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

Cllr Potter expressed concern over the number of outstanding appeals.

Cllr Cross, as the CDC appointed member to the South Downs National Park, agreed to raise this at the next meeting with them.

The Committee agreed to note the item.

The Planning Committee are asked to consider the report and make the proposed recommendation.

That the Planning Committee consider and agree the attached responses to the consultation questions for submission in response to the government consultation on ‘Strengthening planning policy for brownfield development’

Ms Bell presented the report, she drew attention to the Agenda Update Sheet which included an amendment to Appendix 1 and the response to questions 7

-12.

Responding to a question from Cllr Betts, Ms Bell explained the proposed changes related to the NPPF and would not apply to building regulations.

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

Resolved; That the Planning Committee consider and agree the attached responses to the consultation questions for submission in response to the government consultation on ‘Strengthening planning policy for brownfield development’

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.