Agenda item

27 no. residential dwellings comprising 19 market units and 8 affordable residential units; a single retail unit, on-site parking and turning, hard and soft landscaping together with sustainable drainage system and alterations to a public right of way.

Permit

Miss Bell presented the item to Members and drew attention to information provided in the Agenda Update Sheet which included a number of amendments to various conditions.  The conditions included the protection of trees, shrubs and natural features, and the requirement for a professional inspection of any trees prior to any felling.  That a schedule of materials, finishes and samples must be approved in writing, prior to building above slab level. That the details of Electric Vehicles charging point facilities are provided and how they will accord with West Sussex County Council: Guidance on Parking at New Developments (September 2020).  That no residential dwelling/unit shall be first occupied until covered and secure cycle parking spaces have been provided for that dwelling/unit, and approved in writing.  That before first occupation of each phase of the developmentdetails of any external lighting for that phaseshould be submitted and approved in writing.  That no part of the development (retail or residential) shall be first occupied until a scheme for the long-term management and maintenance of the hard and soft landscaped areas, had been approved in writing.  That the development hereby permitted should not be carried out other than in full accordance with the mitigation measures set out in the Reptile Mitigation Strategy (10 September 2020).  That there shall be no storage of goods, pallets, packaging or waste outside the Retail Unitother than within the area marked as 'service yard' and no goods, pallets, packaging or waste shall be stacked, stored or deposited above 2m in height.

Condition 10 would be deleted and as now combined with condition 36.  An additional condition would be added that no development shall commence, until a Phasing Plan has been approved in writing.  Thereafter the development shall be carried out in accordance with the approved Phasing Plan unless otherwise agreed in writing

A comment had also been received from the Environmental Health Officer expressing no concern with regards to the proposed Public Right of Way Diversion and an additional informative included that the applicant was advised that an application would be required for the diversion of the Public Right of Way under S257 of the Town and Country Planning Act 1990.

Miss Bell also gave a verbal update in respect of a revision to Condition 6 which referenced foul drainage.   This revision stated that no development should commence: 

‘unless and until a Foul Water Sewerage Scheme for the proposed means of on-site foul water sewerage disposal has been submitted to and been approved in writing by the Local Planning Authority, acting reasonably in consultation with Southern Water.  Thereafter all development shall be undertaken in accordance with the approved on-site Foul Water Sewerage Scheme.  Occupation of the development shall be phased and implemented to align with the delivery by Southern Water of any sewerage network reinforcement required.  No occupation of any part of the development shall take place until one or both of the following actions have been undertaken;

i) The completion of necessary off-site foul sewage infrastructure upgrades, in accordance with details first submitted in writing and approved by the Local Planning Authority; or

ii) Implementation in full of detailed interim measures for the disposal of foul water sewerage (which may include partial connection to the existing network where capacity can be demonstrated), which shall have first been agreed in writing by the Local Planning Authority, in consultation with Southern Water.’

The reason provided was ‘to ensure that adequate waste water network capacity is available to adequately drain the development.’

The Committee received the following speakers:

Tony Colling – Parish Council

Keith Woods – Supporter

David Hollingsworth – Supporter

Jane Powell – Supporter

Karen Tipper – Agent

Mr McAra arrived at the meeting.

Officers responded to Members’ comments and questions:

Miss Bell confirmed that with regards to parking spaces for the retail premises, the provision was similar to what was extant, which was therefore a material consideration.  To meet the maximum requirement for the premises, seventeen spaces would have to available, and there were currently ten spaces on site at the rear and a layby in the estate road opposite (the layby to the front of the premises would be reserved for loading and unloading). There was also further provision within the Nursery Green Estate.  A traffic regulation for double-yellow lines would ensure parking safety.  Miss Bell added that there was the expectation that this would be a local retail facility and therefore many patrons would walk or cycle, and on balance officers considered that the parking facilities were sufficient. 

Miss Bell advised that the proposed improvements to the Public Right of Way, to prevent it crossing the site, and the widening and resurfacing had ensured it was acceptable, and that it would retain a rural aspect.

On the matter of drainage arrangements Miss Bell explained that the Council’s drainage engineer had visited the site and given detailed consideration to facilities.  There were two parallel drainage ditches with a number of links between them, which joined to the north and south.  The drainage engineer had recommended some work to the drainage system and clearing of one of the links between the two ditches, which the applicant had agreed to undertake.  The drainage engineer was confident that the drainage would have the necessary capacity for the site.  With regards to the wider maintenance, it was the responsibility of third parties and therefore it was difficult to place a condition on the application in relation to this matter, although an informative maybe possible which refers to the wider maintenance.  Miss Bell added that she did not have information with regards to the block paving, and its capacity for it to allow water to drain, but a pre-commencement (Condition 5) which required the particulars of this matter to be agreed, and an informative could be added to clarify expectation of the detail required.  With regards to the interim position for the foul water, and whether that would involve removal by tanker, Miss Bell confirmed that the scheme had yet to be designed with Southern Water.  Miss Bell added as the site would need to withstand the weight of a refuse vehicle, it would also be possible for the site to withstand the weight of a tanker, if necessary. 

On the matter of signage and advertising on the retail premises, Miss Bell advised that a separate application would be required and the applicant was aware of this.

On the suggestion of a recommendation for mandatory foul drainage to be in place prior to occupation, Miss Bell advised that the community were keen for the shop to be established and Southern Water had confirmed that it was appropriate to have an interim solution.  A similar arrangement had been made at the Thakeham homes development, north of Loxwood and therefore it would be difficult to require such a recommendation.  However, Miss Bell confirmed she would ensure it was clear that any interim arrangement did not become permanent.  Mr Whitty added that he appreciated that Members concerns regarding ensuring foul disposal provision was in place prior to occupation, but advised that the consented permission for the shop and ten residential units was extant.  Mr Whitty further explained that in accordance with the Interim Position Statement (IPS), the Council required the applicant to progress as soon as possible and implement within two years, and there was a demonstrated desire from the community for the shop to be in operation.  Mr Whitty also confirmed that officers would oversee the details of the foul disposal solution.

With regards to the Design Officer’s comments, Miss Bell, confirmed these had been addressed, and included within the conditions, with the exception of those relating to the Public Rights of Way, and the proposed improvements had made this pathway acceptable.  On the matter of the lighting condition, Miss Bell advised that the applicant’s proposals had not yet been submitted for approval, and should Members require a restriction on street lighting as had been requested by Loxwood Parish Council, this could be supported by officers, but lighting would be required for the car park and security lighting.  Miss Bell confirmed that there was a condition requiring cycle rack provision which was shown on the plan.  With regards to larger affordable units Miss Bell advised that when the proposed development was for thirty units, a larger three-bedroom unit at affordable reduced market value had been included but this had been removed as the number of units had been reduced.  Miss Bell added that housing officer had considered the provision alongside other local sites and considered collectively that there was appropriate provision and that the smaller units on this application were necessary within the area.  With regards to solar panels, Miss Bell confirmed that the fabric first approach was delivering 19% and renewables were proving a further 25% above the level, although Miss Bell did not have the specific details from the applicant’s agent but the requirements were included within a condition.  This provision met the requirements of the Interim Position Statement but the applicant could be asked to offer the purchase of solar panels to prospective purchasers.  Miss Bell confirmed that air source heat pumps had not been proposed and these were not currently part of policy but environmental efficiency requirements would be met via fabric first improvements.  Miss Bell advised that broadband provision and ecological enhancements were also included within the conditions.  Miss Bell explained an additional informative could be included to refer to the drainage from the public rights of way.  Miss Bell also confirmed a condition would be added to ensure the block paving was of a suitable weight, and a further condition regarding the appropriate disposal of litter from the construction site.

On the matter of the pumping station, this was shown in the plans on the southern boundary, adjacent to the existing bridle way and Mr Whitty confirmed that there was a condition which required submission of the details of pumping station and that it was an appropriate distance from the residential dwellings. 

Miss Bell added that a condition regarding phasing had been included.

On the matter of lighting, the Chairman confirmed that this would be the minimum that was necessary for security and that the Dark Skies Policy would be taken into account.

Mr Whitty detailed the additional informatives and conditions:

·         Amend the relevant condition to require detail of the block paving and its abilities to withstand the weight of a refuse vehicle

·         Amend condition regarding the disposal of litter associated with construction

·         An additional informative which requested that the developer offer the purchase of solar panels off plan

·         Inclusion of additional wording to condition 6 requiring submission of details regarding the location of the pumping station to ensure it is suitable

·         Inclusion of additional wording to condition 5 to clarify the requirement for drainage details for the diverted public rights of way to be submitted

In a vote Members agreed the recommendation to defer for Section 106 and then permit.

Recommendation to Permit agreed.

Members took a ten minute break.