Rother District Council

PLANNING COMMITTEE20 October 2011

Minutes of the Planning Committee meeting held at the Town Hall, Bexhill-on-Sea on Thursday 20 October 2011 at 9.30 am.

Committee Members present: B. Kentfield (Chairman), C.N. Ramus (Vice- Chairman), Mrs M.L. Barnes, J.J. Carroll, R.V. Elliston, Mrs J.P. Gadd (in part), Mrs B.A. George, Mrs J.M. Hughes, J.A. Lee, Mrs S.M. Prochak, S.H. Souster, D.W.L.M. Vereker, M.R. Watson and Mrs D.C. Williams.

Advisory Officers in attendance: Head of Planning (in part), Development Manager, Team Leader (East), Legal Services Manager (in part), Principal Planning Officer (Strategy) (in part), Senior Communications Officer (in part) and Democratic Services Officer x2 (x1 in part).

Other Members present: Councillors A.E. Davies (in part) and J.S. Wood (in part).

Also present: 14 members of the public.

PL11/36. MINUTES

Members raised the following queries with regards to the Minutes of the last meeting:

It was questioned why the Sainsbury’s and Tesco applications did not appear chronologically within the Minutes. The Head of Planning clarified that all applications were listed in the order that they had been considered by the Committee in Appendix A (Part 2) of the Minutes.

Councillor Souster questioned why his name had not been listed in the recorded votes for the Tesco application. It was clarified that the vote for the Tesco application had only been recorded on the third and fourth votes taken which Councillor Souster had been advised to refrain from taking part in.

Following the above points being clarified, the Chairman allowed Councillor Souster to read out a statement with regards to the Planning Committee Meeting held on 22 September and the events that had directly affected him.

Following the discussions of the Committee, the Chairman was authorised to sign the minutes of the meeting held on 22 September 2011 as a correct record of the proceedings.

PL11/37. APOLOGIES FOR ABSENCE

An apology for absence had been received from Councillor Lord Ampthill, Chairman of Council.

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DECISIONS TAKEN UNDER DELEGATED POWERS

PL11/38. PLANNING APPLICATIONS(6)

Outline planning permissions are granted subject to approval by the Council of reserved matters before any development is commenced, which are layout, scale, appearance, access and landscaping. Unless otherwise stated, every planning permission or outline planning permission is granted subject to the development beginning within 3 years from the date of the permission. In regard to outline permissions, reserved matters application for approval must be made within 3 years from the date of the grant of outline permission; and the development to which the permission relates must begin no later than whichever is the later of the following dates: the expiration of 3 years from the date of the grant of outline permission or, the expiration of 2 years from the final approval of the reserved matters, or in the case of approval on different dates, the final approval of the last such matters to be approved.

In certain circumstances the Planning Committee will indicate that it is only prepared to grant or refuse planning permission if, or unless, certain amendments to a proposal are undertaken or subject to completion of outstanding consultations. In these circumstances the Head of Planning can be given delegated authority to issue the decision of the Planning Committee once the requirements of the Committee have been satisfactorily complied with. A delegated decision does not mean that planning permission or refusal will automatically be issued. If there are consultation objections, difficulties, or negotiations are not satisfactorily concluded, then the application will have to be reported back to the Planning Committee or reported via the internal-only electronic notified ‘D’ system by means of providing further information for elected Members. This delegation also allows the Head of Planning to negotiate and amend applications, conditions, reasons for refusal and notes commensurate with the instructions of the Committee. Any applications which are considered prior to the expiry of the consultation reply period are automatically delegated for a decision.

RESOLVED: That the planning applications be determined as shown in Appendix A, attached.

PL11/39. PLANNING OBLIGATIONS

RESOLVED: That in relation to the applications below the Solicitor be authorised to prepare a Planning Obligation under the provisions of Section 106 of the Town and Country Planning Act 1990 (as amended) in respect of the matters indicated.

(1) RR/2010/257/P RYE Former Thomas Peacocke, Lower School Site, Ferry Road

Erection of a supermarket, associated car parking, new access from Ferry Road, demolition of Queen Adelaide Public House and supporting infrastructure.Statutory 13 week date: 19 January 2011

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In accordance with Council Procedure Rule 17.5 a vote by roll call was taken on the Motion (Officer recommendation for APPROVAL).

FOR the Motion (11): Councillors Mrs M.L. Barnes, J.J. Carroll, R.V. Elliston, Mrs J.P. Gadd, Mrs B.A. George, Mrs J.M. Hughes, B. Kentfield, J.A. Lee, C.N. Ramus, M.R. Watson and Mrs D.C. Williams.

AGAINST the Motion (3): Councillors Mrs S.M. Prochak, S.H. Souster and D.W.L.M. Vereker.

The Motion on being put was declared CARRIED.  

DECISION: GRANT (FULL PLANNING) DELEGATED (DEPARTURE PROCEDURE, THE COMPLETION OF SECTION 106 OBLIGATION RELATING TO:

1. The provision/improvement of a footpath and cycle path link between the site and The Grove;

2. Payment of a Transport Contribution in relation to highway and public realm improvements around Ferry Road and Station Approach including landscaping, public art and works to improve the pedestrian linkages to the town centre including works to bus stops, carriageways, pavements and crossing points;

3. Provisions for active promotion of the Town Centre within the store;

4. Implementation of a Travel Plan (including car park management))

CONDITIONS

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: In accordance with section 91 of the Town and Country Planning Act 1990 (as amended by section 51 of the Planning and Compulsory Purchase Act 2004).

2. No development shall take place until samples of the materials to be used in the construction of the external surfaces of the building hereby permitted including glazing details (which shall include only obscure/opaque glazing on the west elevation facing Tillingham Avenue), details of the eaves and canopy and all colours of any roof equipment have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details. Reason: To ensure that the development reflects the character and/or appearance of the existing building and to preserve the visual amenities of the area in accordance with Policy GD1 (iv) of the Rother District Local Plan.

3. No development shall take place on any part of the building, car park or new access road and entrance to the site until the hard and soft landscaping details for that part of the site have been submitted to and approved in writing by the local planning authority. These details shall include:a. existing vegetation

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b. proposed finished levels or contoursc. means of enclosured. car parking layoutse. other vehicle and pedestrian access and circulation areasf. hard surfacing materialsg. minor artefacts and structures (eg. furniture, refuse or

other storage units, signs, lighting)h. proposed and existing functional services above and

below ground (eg. drainage power, communications cables, pipelines etc. indicating lines, manholes, supports etc.)

Reason: To enhance the appearance of the development in accordance with Policy GD1(iv) of the Rother District Local Plan

4. All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the use of the retail store or, in respect of the soft landscaping only, in accordance with the details agreed with the local planning authority pursuant to condition 3. Reason: To enhance the appearance of the development in accordance with Policy GD1(iv) of the Rother District Local Plan.

5. In respect of the green landscaped/woodland area to be retained between the new access road and the railway, a Landscape Management Plan, including long term design objectives, new planting and management responsibilities and maintenance schedules for the area shall be submitted to and approved by the local planning authority prior to the occupation of the retail store for its permitted use. The landscape management plan shall be carried out as approved and the land shall be used only as informal open space and not for any retail use or any development connected with the retail use of the site.Reason: To enhance the appearance of the development, safeguard the characteristics of the locality and provide for the ecological interest of the area in accordance with Policy GD1 (iv) and (vii) of the Rother District Local Plan.

6. No development shall commence until measures to protect all existing trees on the site which are to be retained have been submitted and approved in writing by the local planning authority and such agreed measures shall be retained for the duration of the development or as otherwise agreed in writing by the local planning authority.Reason: In order to safeguard the trees to be retained within the development having regard to Policy GD1(iv) and (vii) of the Rother District Local Plan.

7. In respect of both Conditions 3 and 5, if within a period of five years from the date of the planting of any tree that tree, or any tree planted in replacement for it, is removed, uprooted, destroyed or dies, [or becomes, in the opinion of the local planning authority, seriously damaged or defective] another tree of the same species and size as that originally planted shall be planted at the same place, unless the local planning authority gives its written consent to any variation.

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Reason: To enhance the appearance of the development and to safeguard the characteristics of the locality in accordance with Policy GD1(iv) and (vii) of the Rother District Local Plan.

8. Development shall not commence until the following details have been submitted to and approved in writing by the local planning authority and the works thereafter shall be carried out in accordance with the approved details:- an updated badger survey of the site undertaken at the

appropriate time of year for the species affected and including details for the protection of existing habitats and species as well as mitigation against adverse effects and proposals for compensation for any adverse effects. Details of proposed long term management shall also be included.

Reason: To enable the local planning authority to properly ensure the protection of rare and protected species identified by EU & UK Wildlife Protection Legislation and the UK Biodiversity Action Plan in accordance with Policy GD1(vii) of the Rother District Local Plan.

9. The development hereby permitted shall ensure that finished floor levels are set no lower than 3.2 metres above Ordnance Datum (AOD).Reason: To reduce the risk and impact of flooding to the proposed development and future occupants having regard to Policy GD1(x) of the Rother District Local Plan and the provisions of PPS 25: Development and Flood Risk.

10. No development shall commence until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. Reason: To prevent the increased risk of flooding, to improve and protect water quality and ensure future maintenance of the surface water drainage system having regard to Policy GD1(x) of the Rother District Local Plan and the provisions of PPS 25: Development and Flood Risk.

11. No development shall commence until a scheme for the provision of foul water drainage works has been submitted to and approved in writing by the local planning authority and none of the dwellings shall be occupied until the drainage works to serve the development have been provided in accordance with the approved details.Reason: To ensure the satisfactory drainage of the site and to prevent water pollution in accordance with Policy GD1(x) of the Rother District Local Plan.

12. Details of any floodlighting and all external illumination shall be submitted to and approved in writing by the local planning authority before installation of any units. Development shall be

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carried out in accordance with the approved details and no other lighting shall be installed. Reason: To safeguard the amenities of surrounding residents facing the site and the wider context of the site by controlling overspill and light pollution in accordance with Policy GD1 (ii) & (iv) of the Rother District Local Plan.

13. No development approved by this permission shall be commenced prior to a contaminated land assessment and associated remedial strategy, together with a timetable of works, being submitted to the local planning authority for approval.

a. The contaminated land assessment shall include a desk study to be submitted to the local planning authority for approval. The desk study shall include the history of the site’s uses and a walk-over survey. It shall, if necessary, propose a site investigation strategy based on the relevant information discovered by the desk study. The strategy shall be approved by the local planning authority prior to investigations commencing on site.

b. The site investigation, including relevant soil, soil gas, surface and ground water sampling, in accordance with a quality assured sampling and analysis methodology.

c. A site investigation report detailing all investigative works and sampling on site, together with the results of analysis, risk assessment to any receptors and a proposed remediation strategy shall be submitted to the local planning authority. The local planning authority shall approve such remedial works as required prior to any remediation commencing on site. The works shall be of such a nature so as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment (including any controlled water.)

d. Approved remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority), shall be carried out until a method statement detailing how the unsuspected contamination shall be dealt with has been submitted to and approved in writing by the local planning authority - the works shall be completed in accordance with the approved method statement.

e. Upon completion of the works, this condition shall not be discharged until a closure report has been submitted to and approved by the local planning authority. The closure report shall include details of the proposed remediation works and the quality assurance certificates to show that the works have been carried out in full in accordance with the approved methodology. Details of any post remediation sampling and analysis to show the site has reached the required clean-up criteria shall be included in the closure report together with the necessary documentation detailing what waste materials have been removed from the site.Reason: In order to avoid risks to health or the environment in accordance with Government Advice in PPG23: Planning and

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Pollution Control and Policy GD1 (xiii) of the Rother District Local Plan.

14. A scheme for the fitting of odour control equipment to the building shall be submitted to the Local Planning Authority and no development shall commence until a scheme is approved by the Local Planning Authority. The use of the premises shall not commence until all odour control equipment works have been carried out to the satisfaction of the Local Planning Authority. The odour control equipment shall be maintained thereafter to the satisfaction of the Local Planning Authority.Reason: In accordance with Policy GD1(ii) of the Rother District Local Plan.

15. A scheme for the sound insulation of odour control equipment referred to in the condition set out above shall be submitted to the Local Planning Authority and no development shall commence until all sound insulation works have been carried out to the satisfaction of the Local Planning Authority. The sound insulation works shall be maintained thereafter to the satisfaction of the Local Planning Authority.Reason: In accordance with Policy GD1(ii) of the Rother District Local Plan.

16. The odour and noise control systems shall be maintained in accordance with the manufacturer’s instructions and records of cleaning/replacement of filters/ fans etc. shall be kept available for inspection on the premises.Reason: In accordance with Policy GD1(ii) of the Rother District Local Plan.

17. A scheme for the suitable treatment of all plant and machinery

against the transmission of sound and/or vibration shall be submitted to and approved by the Local Planning Authority. The use of the premises shall not commence until all specified works have been carried out to the satisfaction of the Local Planning Authority.Reason: In accordance with Policy GD1(ii) of the Rother District Local Plan.

18. The retail store shall not be used or operated outside the hours of 7am to 11pm Monday to Saturday and for 6 hours only on a Sunday commensurate with Sunday trading laws and in any event not outside the hours of 7am to 11pm and no deliveries shall be made to the store other than between the hours of 6am and 10pm.Reason: The site lies close to residential properties and activities outside these times would cause undue disturbance to surrounding residents having regard to Policy GD1 (ii) of the Rother District Local Plan.

19. No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation, including a timetable for the

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investigation, which has first been submitted to and approved in writing by the local planning authority and the works shall be undertaken in accordance with the approved details.Reason: The development is likely to disturb features of archaeological interest, which need to be examined and recorded in accordance with Policy GD1(viii) of the Rother District Local Plan.

20. The store shall not commence trading until such time as all works to create the new access to the site all internal footpaths and all provision for cyclists and pedestrians and all car parking and servicing arrangements are fully operational in accordance with the approved plans to the written satisfaction of the local planning authority. Once implemented the approved arrangements shall not be altered or removed other than by way of a further planning permission.Reason: To ensure parking and access arrangements appropriate to the development in accordance with Policies GD1 (iii), TR2 and TR3 of the Rother District Local Plan.

21. No development or any site clearance shall take place until the following information has been submitted to and approved in writing by the local planning authority:

(a) the siting of all temporary buildings, material storage areas and on site parking areas such as to avoid any disturbance to all trees and hedges on site to be retained and all surrounding trees and hedges;

(b) the hours of working:(c) details of wheel washing facilities on site which shall be

fully operational at all times during working hours;(d) details of any piling necessary for construction.

Reason: To safeguard the interests of local residents adjoining or in close proximity to the site and to protect trees and hedges within and around the site, having regard to Policy GD1(ii), (iv) and (vii) of the Rother District Local Plan.

22. Prior to the provision of any advertisement on the building or elsewhere on site, details of such advertisements shall be submitted to and approved in writing by the local planning authority.Reason: To ensure that the signage regime both respects the proposed building and is integrated with the agreed hard and soft landscaping having regard to Policy GD1(ii) and (iv) of the Rother District Local Plan.

23. Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) (Amendment) Order 2010 or as subsequently amended or replaced, no openings other than those shown on the approved plans shall be added on any elevations without the benefit of a further planning permission.Reason: To ensure that there is no additional noise, disturbance or light spillage beyond what has already been assessed as part of the planning application having regard to the proximity of

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adjoining residents and Policy GD1 (ii) of the Rother District Local Plan.

24. The store shall be constructed, laid out and occupied only in accordance with the approved plans, on the basis of a 90%:10% convenience:comparison goods split.Reason: This retail permission is being granted on a site currently identified for housing purposes as a ‘departure’ from the adopted Development Plan on the basis of a recognised need for further convenience floorspace in Rye and not for general retail purposes. The floorspace split reflects the terms of the application and has regard to Policy RY6 of the Rother District Local Plan, the emerging Local Development Framework for Rother and taking into account the provisions of PPS4: Planning for Sustainable Economic Growth.

25. Grampian condition regarding improvements to pedestrian access over the level crossing.

26. The development hereby permitted shall be carried out in accordance with the following approved plans: Site plan dated 20 October 2010, B936/PL010 Rev.P3; PL011 Rev P2; PL020 Rev.P3; PL021 Rev.P3; PL031 Rev.P3; 209115/15A and 16.Reason: For the avoidance of doubt and in the interests of proper planning, as advised in the CLG guidance ‘Greater Flexibility for Planning Permissions’

Notes:i) In relation to Condition 3 the submitted landscaping details and

planting strategy from Aspect Landscape Planting are accepted as indicative only and are not formally approved. In respect of such strategy and compliance with condition 4 further tree planting should be included across the frontage of the building and at the southern point of the car park closest to Ferry Road, which may involve the loss of two car parking spaces at this point.

ii) This permission is the subject of an Obligation under Section 106 of the Town and Country Planning Act 1990.

REASONS FOR GRANTING PERMISSION: The 2006 adopted Local Plan is the development plan against which this application is to be assessed, along with the adopted South East Plan. The Planning and Compulsory Purchase Act 2004 requires applications for planning permission to be determined “in accordance with the development plan unless material considerations indicate otherwise”. The scheme involves a departure from the adopted Local Plan wherein the site is allocated for housing (policy RY4). Having regard to the current position on housing land supply, taking account of the acknowledged need for additional retail floorspace in Rye (Policy RY1 of the Proposed Submission Core Strategy) and any impact on existing retailing in the town centre and accepting the fact that there is no alternative site immediately available to meet a current need, the local planning authority has concluded that releasing the land for retail purposes is appropriate. The development should not however proceed without

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relevant conditions as well as legal obligation to deliver public realm and public transport improvements to improve access and connectivity to the town centre as well as other improved pedestrian/cycle linkages and a transport contribution. Such provisions are essential in improving the connectivity of the site to the town centre to off-set in part the retail impact. The impact of the building and car park has been assessed in terms of its townscape impact in Ferry Road, its physical and operational impact on surrounding residents and users of the area, its townscape impact more widely on Rye town centre and the incursion into the ‘green area’ alongside the railway. In these respects subject to relevant conditions a development of this design, scale and layout is acceptable.

View application/correspondence

(2) RR2011/745/P CATSFIELD Lunsford Yard, Potmans Lane, Catsfield

Alterations and conversion of stable building to a dwelling with garden area as a replacement dwelling to the lawful dwelling located in an adjoining building.

Statutory 8 week date: 8 June 2011

DECISION: GRANT (FULL PLANNING) DELEGATED (SUBJECT TO SECTION 106 AGREEMENT TO REQUIRE CESSATION OF THE RESIDENTIAL USE WITHIN THE BARN AND REMOVAL OF ALL FIXTURES AND FITTINGS WITHIN 3 MONTHS OF OCCUPATION OF THE NEW DWELLING AND THERE SHOULD BE ONLY ONE DWELLING ON THE SITE)

CONDITIONS

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: In accordance with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

2. The development hereby permitted shall be carried out in accordance with the following approved plans: Dwg. No. OS sitemap, OV/MC/DB/03C title block dated: 03/2011, Dwg. No. OV/MC/DB/0/(B) title block dated: 04 March 2011. Reason: For the avoidance of doubt and in the interests of proper planning as advised in the CLG Guidance document ‘Greater Flexibility’ for Planning Permissions, 2009.

Notes:1. This decision notice relates only to the amended proposals as

shown on the amended Dwg. entitled: OS sitemap, OV/MC/DB/03C title block dated: 03/2011, and Dwg. No. OV/MC/DB/0/(B) title block dated: 04 March 2011.

2. This permission is the subject of an obligation under Section 106 of the Town and Country Planning Act 1990.

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3. The applicant’s attention is drawn to the need to comply with the provisions of the Building Regulations for the adaptation of this building pursuant to the above approved plans.

4. For the avoidance of doubt, the extent of the residential curtilage of the dwelling is that shown on the approved OS sitemap only.

5. For the avoidance of doubt the principle elevation of the building is that fronting the yard area to the north of the stable building and no other elevation.

REASONS FOR GRANTING PERMISSION: The proposed reuse of a rural building from equestrian use to residential use and reuse of the modern barn building from residential use to agricultural use are of suitable uses and will not adversely affect the character of the rural area or the amenities of nearby properties or the visual amenity of the Conservation Area and therefore complies with Policy HG10, HG11 and GD1 of the Rother District Local Plan.

View application/correspondence

(Councillor Lee declared a personal interest in this matter in so far as he had employed the applicant occasionally to cut hedges at his house and in accordance with the Members’ Code of Conduct remained in the room during consideration thereof.)

(Councillor Prochak declared a personal interest in this matter in so far as her husband was Chair of the local CPRE who had commented on the application and in accordance with the Members’ Code of Conduct remained in the room during consideration thereof.)

(Councillor Mrs Williams declared a personal interest in this matter in so far as the applicant had worked for her in the past and in accordance with the Members’ Code of Conduct remained in the room during consideration thereof.)

PL11/40. APPEALS(7.1)

Members noted the report on Appeals which had been allowed, dismissed, undetermined, withdrawn or lodged since the Committee’s last meeting, together with the list of forthcoming Inquiries, Hearings and High Court Challenges.

It was reported that, with regards to the Bowling Green, Knowle Road, Bexhill, the outcomes of the current leave to appeal were awaited. If refused, the inspectorate would have to reconvene the public inquiry.

RESOLVED: That the report be noted.

PL11/41. DATE FOR SITE INSPECTIONS – Tuesday 15 November 2011 at 8.30am departing from the Town Hall, Bexhill.

CHAIRMANThe meeting closed at 11.50 am pl111020.ab

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PLANNING COMMITTEE 20 OCTOBER 2011 (RO = Reversed by Officer; RM = Reversed by Member)

RR/2010/2570/P RYE Former Thomas Peacocke School Site, Ferry Road

Erection of a supermarket, associated car parking, new access from Ferry Road, demolition of Queen Adelaide Public House and supporting infrastructure

(See Minute PL11/39(1))

View application/correspondence

RR/2011/1875/P GUESTLING Orchard Cottage, Morgay Wood Lane, Three Oaks

Demolition of existing chalet bungalow and erection of two new chalet bungalows following grant of outline planning permission RR/2010/2049/P

Statutory 8 week date: 31 October 2011

DECISION: GRANT (FULL PLANNING)

CONDITIONS:

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.Reason: In accordance with section 91 of the Town and Country Planning Act 1990 (as amended by section 51 of the Planning and Compulsory Purchase Act 2004).

2. The development is hereby permitted in accordance with the following approved drawings: 1109/02 revision c, dated 5 October 2011 (amended); 1109/04 revision a, dated August 2011; and 1110/02 revision a, dated October 2011 (amended). Reason: For the avoidance of doubt and in the interests of proper planning, as advised in the CLG guidance ‘Greater Flexibility for Planning Permissions’.

3. No development shall take place until samples/details of the materials to be used in the construction of the external surfaces of the chalet bungalows hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved materials. Reason: To maintain the visual amenities of the surrounding area in accordance with policy GD1 (iv) & (v) of the Rother District Local Plan.

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4. No development shall take place until details of a landscaping scheme have been submitted to and approved in writing by the local planning authority. The said scheme shall include: details of all existing trees and shrubs to be retained, together with

measures for their protection in the course of the development; details of the size, species and positions or density of all trees and shrubs

to be planted; and an implementation programme.The development shall be carried out in accordance with the approved scheme and programme. If any tree or shrub to be retained or included in the approved planting scheme is removed or destroyed, becomes seriously diseased or dies within 5 years of the date of this permission, another tree or shrub shall be planted at the same place and shall be of such size and species, and shall be planted at such time, as may be specified in writing by the local planning authority.Reason: To safeguard the characteristics of the surrounding area and amenities of neighbouring properties in accordance with policy GD1 (ii), (iv) & (v) of the Rother District Local Plan.

5. At the time of construction and prior to the first occupation of the chalet bungalows hereby permitted, the en-suite and bedroom windows at first floor level within the south east elevation and the en-suite window at first floor level within the north west elevation of the chalet bungalow on plot 2, shall be glazed with obscure glass of obscurity level equivalent to scale 5 on the Pilkington Glass Scale and shall thereafter be retained in that condition.Reason: To safeguard the amenities of neighbouring properties in accordance with policy GD1 (ii) of the Rother District Local Plan.

6. The chalet bungalows hereby permitted shall not be occupied until space has been laid out within the site for the parking and manoeuvring of vehicles in accordance with approved drawing 1109/02 revision c, dated 5 October 2011 (amended). Thereafter, such space shall be retained and made available at all times for the parking and manoeuvring of vehicles.Reason: To ensure that the development does not prejudice the free flow of traffic and conditions of general safety along Morgay Wood Lane in accordance with policy GD1 (iii) of the Rother District Local Plan.

7. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) (or any order revoking and re-enacting that Order with or without modification), no windows or other openings (other than those expressly authorised by this permission) shall be inserted into any elevation at first floor level or in the roof slope of either property.Reason: To preclude overlooking and thereby protect the residential amenities of the neighbouring occupiers in accordance with Policy GD1 (ii) of the Rother District Local Plan.

REASONS FOR GRANTING PERMISSION: The proposed development of the site with two chalet style dwellings is considered to be acceptable. The proposal will not detract from the character and appearance of the area or adversely impact on the living conditions of adjoining residents. The proposal therefore complies with policy GD1 of the Rother District Local Plan and national policy set out in PPS3: Housing.

View application/correspondence

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RR/2011/1676/P BEXHILL Meads, Camber Close

Demolition of two dwellings and three flats and construction of an 80 room (C2) care home in a ‘Huf’ style post and beam structure

Statutory 13 week date: 8 November 2011

DECISION: REFUSE (FULL PLANNING) DELEGATED (POSSIBLE WITHDRAWAL)

REASONS FOR REFUSAL

1. The proposed building, by reason of its scale and siting, represents an overdevelopment of the site. In particular, the siting of the building close to the frontage with Camber Close gives inadequate space and setting for the building leading to an imposing and overbearing impact on the Camber Close street scene. Furthermore, it has not been demonstrated that the proposed 22 no. car parking spaces can be satisfactorily accommodated within the site, together with effective turning and manoeuvring areas and spaces for loading and unloading (including service delivery vehicles and emergency vehicles). As such the development would be contrary to Policy GD1(i)(ii) and (iv) of the Rother District Local Plan.

2. The proposed development would result in loss of residential amenity for the occupiers of the existing dwellings in Camber Close. In particular, the occupiers of 1-5 Camber Close would experience an overbearing outlook arising from the proximity and scale of the building and also, loss of privacy from overlooking. Furthermore, the resultant level of activity associated with the use of the site on this scale, including vehicle movements, would result in nuisance and disturbance for Camber Close residents, particularly at unsocial hours. The development would therefore be contrary to Policy GD1(ii) of the Rother District Local Plan.

3. Having regard to the context of the site, the proposed design of the building on this scale would result in harm to the locality. The design of the building, with its extensive areas of glass, results in the development having an overly commercial appearance and character. This would serve to emphasise the prominence of the building, particularly outside daylight hours, and increase the level of intrusion experienced by the occupiers of the residential dwellings in Camber Close. The development would therefore be contrary to Policy GD1(ii)(iv) of the Rother District Local Plan.

4. The application is not accompanied by a Traffic Assessment and without this it is not possible to fully assess the impact of the scheme in Wrestwood Road and the surrounding area. As such the proposal is contrary to the aims of Policies GD1(iii) and TR3 of the Rother District Local Plan.

View application/correspondence14

RR/2011/2040/3R BEXHILL Egerton Park, Egerton Road

Refurbishment and expansion of children’s play facilities in Egerton Park.

Statutory 8 week date: 22 November 2011

DECISION: GRANT (DEEMED PLANNING PERMISSION) (SUBJECT TO EXPIRY OF CONSULTATION PERIOD)

CONDITIONS

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: In accordance with section 91 of the Town and Country Planning Act 1990 (as amended by section 51 of the Planning and Compulsory Purchase Act 2004).

2. The development hereby permitted shall be carried out in accordance with the following approved plans:Site plan dated the 26 September 2011;1:100 layout plan dated the 23 September 2011; andPhotographs and diagrams numbered 1–23 in the Design and Access Statement. Reason: For the avoidance of doubt and in the interests of proper planning, as advised in the CLG guidance ‘Greater Flexibility for Planning Permissions’.

REASONS FOR GRANTING PERMISSION: The proposed development is of an appropriate design and will not detract from the character or appearance of the locality or the amenities of occupants of nearby residential properties and therefore complies with Policies DS1 and GD1 of the Rother District Local Plan. View application/correspondence

RR/2011/745/P CATSFIELD Lunsford Yard, Potmans Lane

Alterations and conversion of stable building to a dwelling with garden area as a replacement dwelling to the lawful dwelling located in an adjoining building.

(See Minute PL11/39))

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RR/2011/1506/P BRIGHTLING Coldharbour Farm Estate – Telegraph Point, Battle Road

Temporary consent for retention of existing traveller mobile home and utility shed (Retrospective application).

Statutory 8 week date: 01 November 2011

DECISION: REFUSE (FULL PLANNING)

REASONS FOR REFUSAL

1. The application involves the stationing of a residential caravan in the countryside outside of any town or village Development Boundary identified by the Rother District Local Plan. Furthermore, the site is within the designated High Weald Area of Outstanding Natural Beauty. No compelling justification or need for the residential caravan to be sited in such a location has been demonstrated to the satisfaction of the local planning authority. Consideration has been given to the supporting information provided with the application, however no precise information or substantiating evidence has been put forward to support the claim of ‘traveller status’ being made for the applicant. The application has not therefore demonstrated that the applicant and family have specific land use requirements for a mobile home or caravan arising from their nomadic way of life. The mobile home or residential caravan has an adverse effect on the character and appearance of the surrounding countryside and the High Weald Area of Outstanding Natural Beauty and as such, it is contrary to Policies GD1(iv)(v) and HG10 of the Rother District Local Plan. It also conflicts with Government advice contained in paragraphs 10 and 21 of PPS7, ‘Sustainable Development in Rural Areas’.

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RR/2011/1500/P TICEHURST Cherry Tree Nursery – Unit 1, The Mount, Flimwell

Retention of residential mobile home without complying with Condition 1 (temporary one year consent) on RR/2010/1121/P

Statutory 8 week date: 5 October 2011

DECISION: GRANT (FULL PLANNING)

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CONDITIONS

1. The use hereby permitted shall be carried on only by Ms Caroline Dalahunt and family (including a partner living with her) and the use permitted shall be discontinued on or before 31 January 2014, or the period during which the premises are occupied by them, whichever is the shorter.Reason: In order to allow the local planning authority to reconsider the matter in the light of any change in planning circumstances from the emerging Site Allocations Development Plan Document (DPD).

2. At the expiry of the temporary permission, the use permitted shall cease, the mobile home and associated domestic equipment shall be removed and the land brought to its former condition in accordance with a scheme of work submitted to and approved in writing by the local planning authority.Reason: To accord with the requirements of Policy GD1(iv)(v) of the Rother District Local Plan.

3. There shall be only one mobile home and one touring caravan stationed on the land outlined in red on the submitted site plan (Land Registry plan). The mobile home shall be located in the position shown on the submitted 1:500 scale block plan. The touring caravan shall only be retained for purposes incidental to the occupation of the mobile home by Ms Delahunt. The mobile home shall be as defined in the Caravan Sites Act 1968.Reason: To safeguard the countryside in accordance with Policy GD1(iv)(v) of the Rother District Local Plan.

REASONS FOR GRANTING PERMISSION: Whilst the site is in the countryside (AONB) where new residential development is not normally permitted, the application has been submitted on the grounds of the Gypsy status of the occupier of the mobile home. The application has been considered against Policy HG6 of the Rother District Local Plan and Circular 01/2006 ‘Gypsies and Travellers’. Whilst the development has some landscape impacts, consideration has also been given to the applicant’s general and personal needs for a site, the lack of a suitable alternative site within the locality and the likelihood of alternative sites becoming available within the next two years or so through the Local Development Framework process. In the circumstances the local planning authority considers that a temporary planning permission would be appropriate and in accordance with Circular 11/95 para 108-113, ‘Temporary permissions’. The development accords with the aforementioned policies and also the general development considerations in Policy GD1 of the Rother District Local Plan.

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