Agenda item

Application for the erection of a single-storey, one-bedroomed dwelling.

[Note Immediately prior to the commencement of this agenda item Mr Cullen and Mr Hall withdrew from the committee table and sat elsewhere in the Council Chamber for its duration, in accordance with their respective declarations of prejudicial interests made at the start of this meeting]

 

Mr Whitty introduced this planning application for the erection of a single storey one bedroomed dwelling. He made reference to a sequence of slides consisting of (a) location plans (identified relevant features); (b) photographs (various views); (c) a close-up location plan; and (d) a floor plan. He identified as the main issue the principle of development and sustainability (paras 8.2 to 8.6 in the agenda report). The other issues were: impact on (a) conservation area and surrounding area (paras 8.7 to 8.11); (b) setting of the adjacent listed building (paras 8.12 to 8.13); (c) amenity of neighbouring properties (paras 8.15 to 8.16); (d) highway network (para 8.17). The application gave rise to major conflicts with Policies 1 (Presumption in Favour of Sustainable Development), 2 (Development Strategy and Settlement Hierarchy) and 45 (Development in the Countryside) of the Chichester Local Plan. As explained in para 8.4 of the report, the policy context had altered significantly since the previous planning application (BX/14/01585/FUL) had been refused by the Planning Committee in November 2014.

 

Mr Whitty drew attention to the agenda update sheet which amended para 8.18 in the agenda report and thereby the reason for the refusal recommendation. 

 

The following members of the public addressed the Planning Committee:

 

(a)  Mr M Bish (Boxgrove Parish Council) – parish representative in support

 

(b)  Mr M Woolston – supporter

 

(c)  Mr M Hall – supporter

 

(d)  Mr R Dollamore – on the applicant’s behalf

 

Mr H C Potter, the Boxgrove ward member, addressed the Planning Committee in support of the application.

 

During the discussion a majority of members expressed support for the application. They felt that the proposed dwelling would be in a sustainable location, on a suitable site, was a smaller property than the one refused permission in November 2014 and would be well-screened.

 

A minority of members considered that the application was contrary to policy, would detract from the appearance of the site and lacked an objective rationale (as opposed to the applicant’s subjective desire to build the proposed dwelling).  The site could always be re-examined in the context of the emerging Boxgrove neighbourhood development plan (NDP).

 

Mr Whitty and Mr Frost advised members with respect to their questions and comments. Among the points made were the following:

 

(a)  The policies in the very recently adopted Chichester Local Plan should be followed unless there were material considerations to the contrary which outweighed those policies. The Chichester Local Plan allowed the local planning authority to manage development through the allocation of sites (including NDPs and windfall sites within identified settlement boundaries). In addition the local planning authority had a current five-year housing land supply.

 

(b)  The emerging Boxgrove NDP and the current status of this site vis-à-vis it.

 

(c)  The proposed dwelling was for two bedrooms, one of which could also serve as a study.

 

(d)  The report (paras 8.2 to 8.6) explained why officers did not consider the proposal to constitute a sustainable form of development and that there was no overriding need for this site to be released for development. 

 

(e)  The type of conditions which were appropriate for a grant of planning permission. 

 

At the close of the discussion members voted on the officer recommendation to refuse, which was not supported: five members were in favour of refusal and seven members were against refusal.

 

It was proposed by Mr Dunn and seconded by Mrs Duncton that the application should be permitted on the grounds that the proposal was a sustainable form of development and that it related well to the nearby settlement of Boxgrove, thereby justifying a departure from the applicable policies within the Chichester Local Plan. On a vote being taken seven members were in favour of approving the application and five members were against.

 

Decision

 

Permit with the following conditions and informatives:

 

(1)  The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

(2)  The development hereby permitted shall be carried out in accordance with the approved plans: 01(A), 02(A), 03(A), 04(C), 05, 06(A) and 07.

 

(3)  No development shall be carried out unless and until a schedule of materials and finishes and, where so required by the local planning authority, samples of such materials and finishes to be used for external walls and roofs of the proposed building and where appropriate surfacing materials have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with such approved materials and finishes.

 

(4)  Prior to installation details of the proposed external materials and finishes of the windows and doors shall be submitted to and approved in writing by the local planning authority. Once approved the windows and doors shall not be altered or replaced without the prior written approval of the local planning authority.

 

(5)  Before work begins on the development hereby permitted details of site levels and longitudinal and latitudinal sections through the site of the dwelling shall be submitted for the approval of the local planning authority in writing to show how the buildings shall be set into the ground. Once agreed the development shall be carried out in accordance with the approved details.

 

(6)  No development shall take place unless and until details of screen walls and/or fences along the northeast boundary of the site have been submitted to and approved in writing by the local planning authority and no dwelling shall be occupied until such screen walls and/or fences associated with them have been erected. Once erected they should be maintained in perpetuity unless otherwise agreed in writing by the local planning authority.

 

(7)  Development shall not commence until the details of the means of access and the junction, including visibility splays, between the proposed access and Park Lane have been submitted to and approved in writing by the local planning authority. The dwelling shall not be occupied until the access, junction and visibility splay have been provided in accordance with the approved details and no structure, erection or obstruction exceeding 600mm in height shall be placed within the approved visibility splay so provided.

 

(8)  The entrance access gates hereby approved shall be inward opening only and prior to installation detailed elevational drawings of the entrance gates at a scale of not less than 1:20 shall be submitted to and approved in writing by the local planning authority. Once approved, the entrance access gates shall be installed and thereafter operated in accordance with the approved details.

 

(9)  No development, including site works of any description, shall take place on the site and before any equipment, machinery or materials are brought onto the site, until all the existing trees or hedges to be retained on the site have been protected by a fence to be approved by the local planning authority erected around each tree or group of vegetation at a radius from the bole or boles of five metres or such distance as may be agreed in writing by the local planning authority. This fencing shall be maintained until all equipment, machinery, surplus materials and soil have been removed from the site. Within the areas so fenced off the existing ground level shall be neither raised nor lowered and no materials, temporary buildings, plant, machinery or surplus soil shall be placed or stored thereon without the prior written approval of the local planning authority. If any trenches for services are required in the fenced off areas they shall be excavated and backfilled by hand and any tree roots encountered with a diameter of 25 mm or more shall be left un-severed. All in accordance with BS 5837:2012.

 

(10)  No development shall take place unless and until there has been submitted to and approved in writing by the local planning authority a scheme of landscaping, which shall include a planting plan and schedule of plants noting species, plant sizes and proposed numbers/densities. In addition, all existing trees and hedgerows on the land shall be indicated including details of any to be retained, together with measures for their protection in the course of development. The scheme shall include seeding with a Native British Wildflower Flora mix appropriate to the soil and climate of the site and shall make particular provision for the conservation and enhancement of biodiversity on the application site. The scheme shall be designed to achieve levels of shelter/windbreak, shade and drought resistance to accord with the expected climate changes during the design life of the development.

 

(11)  All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the local planning authority gives written consent to any variation.

 

(12)  The existing beech hedge along the southeast and southwest boundaries shall be retained and any part of the hedge which is removed without consent or dies or becomes severely damaged or diseased during a period of five years from the date of the completion of the development shall be replaced in the next planting season with a hedge of a similar size and species unless the local planning authority gives written consent to any variation.

 

(13)  The dwelling hereby permitted shall not be occupied until the car parking and turning areas together with the cycle and refuse bin storage facilities have been provided and laid out in accordance with the approved plans. Once provided, the parking and turning areas together with the cycle and refuse bin storage facilities shall be thereafter retained for the purposes of car parking and turning and for the and for the storage of cycles and refuse bins.

 

(14)  The driveway shall be constructed of porous materials and shall be retained in that condition.

 

(15)  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting or amending that Order) no additions to, or extensions or enlargements of, or alterations affecting the external appearance of, the building hereby approved shall be made or erected without a grant of planning permission from the local planning authority.

 

(16)  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting or amending that Order) no building, or shed, greenhouse or other structure, shall be erected anywhere on the application site other than as shown on the plans hereby permitted unless otherwise agreed in writing by the local planning authority.

 

(17)  Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The bund capacity shall give 110% of the total volume for single and hydraulically linked tanks. If there is multiple tankage, the bund capacity shall be 110% of the largest tank or 25% of the total capacity of all tanks, whichever is the greatest. All filling points, vents, gauges and sight glasses and overflow pipes shall be located within the bund. There shall be no outlet connecting the bund to any drain, sewer or watercourse or discharging into the ground. Associated pipework shall be located above ground where possible and protected from accidental damage.

 

(18)  Prior to the commencement of the development a scheme providing full details and specifications of any external lighting to serve the approved development shall be submitted to and approved in writing by the local planning authority. Once approved, the external lighting shall be installed before prior to occupation of the hereby permitted dwelling and thereafter retained and operated in accordance with the approved scheme.

 

(19)  INFORMATIVE The local planning authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

 

(20)  INFORMATIVE The developer's attention is drawn to the provisions of the Wildlife and Countryside Act 1981, the Conservation (Natural Habitats etc) Regulations 1994, and to other wildlife legislation (for example Protection of Badgers Act 1992, Wild Mammals Protection Act 1996). These make it an offence to kill or injure any wild bird intentionally, damage or destroy the nest of any wild bird intentionally (when the nest is being built or is in use), disturb, damage or destroy and place which certain wild animals use for shelter (including badgers and all bats and certain moths, otters, water voles and dormice), kill or injure certain reptiles and amphibians (including adders, grass snakes, common lizards, slow-worms, Great Crested newts, Natterjack toads, smooth snakes and sand lizards), and kill, injure or disturb a bat or damage their shelter or breeding site. Leaflets on these and other protected species are available free of charge from Natural England. The onus is therefore on you to ascertain whether any such species are present on site, before works commence. If such species are found or you suspected, you must contact Natural England at Natural England Sussex and Surrey Team Guildbourne House Chatsworth Road Worthing West Sussex BN11 1LD 0300 0600300 enquiries@naturalengland.org.uk for advice. For nesting birds, you should delay works until after the nesting season (1 March to 31 August).

 

[Note This decision was contrary to the planning officer’s recommendation]

 

[Note At the end of this application there was a lunch adjournment from 13:12 to 13:43]

 

[Note At the conclusion of this agenda item Mr Cullen and Mr Hall resumed their seats at the committee table]

 

[Note At 13:26 during the lunch adjournment Mr Elliott left East Pallant House for another commitment and was absent from the meeting from its resumption at 13:43 until he returned at 14:45 during agenda item 10 (CH/15/02332/FUL Land North of The Avenue Hambrook Chidham PO18 8TZ)]