chichester district council planning committee wednesday 7 ... schedule of planning... · planning...

AGENDA ITEM 5

Chichester District Council

Planning Committee

Wednesday 7 January 2015

SCHEDULE OF PLANNING APPLICATIONS

THE BACKGROUND PAPERS RELATING TO THISREPORT CONSIST OF REPRESENTATIONS FROM THIRD PARTIES,

REPORTS BY COUNCIL AND OBSERVATIONS FROM STATUTORY AND OTHER CONSULTEES

RECOMMENDATIONS APPEAR IN CODED FORM.THE FULL TEXT OF CONDITIONS OR REASONS IS AVAILABLE ON

REQUEST AT THE COUNCIL OFFICES OR CAN BE VIEWED ONLINE AT WWW.CHICHESTER.GOV.UK QUOTING THE APPLICATION REFERENCE

NUMBER.

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How Applications are referenced:

a) First 2 Digits = Parishb) Next 2 Digits = Yearc) Next 5 Digits = Application Numberd) Final Letters = Application Type

Application Type

ADV Advert ApplicationAGR Agricultural Application (following PNO)CMA County Matter Application (eg Minerals)CAC Conservation Area ConsentCOU Change of UseCPO Consultation with County Planning (REG3)DEM Demolition ApplicationDOM Domestic Application (Householder)ELD Existing Lawful DevelopmentFUL Full ApplicationGVT Government Department ApplicationHSC Hazardous Substance ConsentLBC Listed Building ConsentOHL Overhead Electricity LineOUT Outline ApplicationPLD Proposed Lawful DevelopmentPNO Prior Notification (Agr, Dem, Tel)REG3 District Application – Reg 3REG4 District Application – Reg 4REM Approval of Reserved MattersREN Renewal (of Temporary Permission)TCA Tree in Conservation AreaTEL Telecommunication Application (After PNO)TPA Works to tree subject of a TPO

CONACC AccessesCONADV AdvertsCONAGR AgriculturalCONBC Breach of ConditionsCONCD CoastalCONCMA County mattersCONCOM Commercial/Industrial/BusinessCONDWE Unauthorised dwellingsCONENG Engineering operationsCONHDG HedgerowsCONHH HouseholdersCONLB Listed BuildingsCONMHC Mobile homes / caravansCONREC Recreation / sportsCONSH Stables / horsesCONT TreesCONTEM Temporary uses – markets/shooting/ motorbikesCONTRV TravellersCONWST Wasteland

Committee report changes appear in bold text.Application Status

ALLOW Appeal AllowedAPP Appeal in ProgressAPPRET Invalid Application ReturnedAPPWDN Appeal WithdrawnBCO Building Work CompleteBST Building Work StartedCLOSED Case ClosedCRTACT Court Action AgreedCRTDEC Hearing Decision MadeCSS Called in by Secretary of StateDEC DecidedDECDET Decline to determineDEFCH Defer – ChairmanDISMIS Appeal DismissedHOLD Application Clock StoppedINV Application Invalid on ReceiptLEG Defer – Legal AgreementLIC Licence IssuedNFA No Further ActionNODEC No DecisionNONDET Never to be determinedNOOBJ No ObjectionNOTICE Notice IssuedNOTPRO Not to Prepare a Tree Preservation OrderOBJ ObjectionPCNENF PCN Served, Enforcement PendingPCO Pending ConsiderationPD Permitted DevelopmentPDE Pending DecisionPER Application PermittedPLNREC DC Application SubmittedPPNR Planning Permission Required S64PPNREQ Planning Permission Not RequiredREC Application ReceivedREF Application RefusedREVOKE Permission RevokedS32 Section 32 NoticeSPLIT Split DecisionSTPSRV Stop Notice ServedSTPWTH Stop Notice WithdrawnVAL Valid Application ReceivedWDN Application WithdrawnYESTPO Prepare a Tree Preservation Order

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TABLE OF CONTENTS

ItemNo.

Application No. Site Address / Proposal PageNo.

1. SY/14/03208/FUL Selsey Golf Club Selsey Country Club Golf Links Lane Selsey Chichester West SussexPO20 9DP

Variation of condition 4 of planning permission SY/14/00804/FUL. Increase number of days music can be played to 10 in any calendar year.

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2. SI/14/03191/FUL Highleigh Pound Cottage Highleigh Road Sidlesham Chichester West SussexPO20 7QP

15 unit cattery with separate isolation unit, fencing and landscaping and conversion of existing detached garage to form office with additional parking space and alteration to vehicular access.

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3. SI/14/03333/COU Fieldgate Selsey Road Sidlesham Chichester PO20 7QX

Change of use of former horticultural land to provide an additional 6 no. caravan pitches and associated works including the conversion of a former four car garage to provide toilet, shower and dishwashing facilities and landscaping on land at Fieldgate, Sidlesham.

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4. O/14/02826/REM Land On The North Side Of Shopwhyke Road Shopwhyke West Sussex

Construction of spine road and associated site levelling and re-profiling works

27

5. KD/14/03352/FUL Filliams Farm Plaistow Road Kirdford Billingshurst West Sussex RH14 0JR

Demolition of existing derelict dwelling. Erection of 1 no. three bed family home and garage. Formation of a new garden and agricultural pasture.

38

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6. HN/13/04020/FUL Barn North Of Hunston Dairy Farm Hunston West Sussex

Change of use from agricultural barn to automobile repair business.

48

7. EWB/13/01977/FUL Martlets Peerley Road East Wittering Chichester PO20 8DW

4 no. dwellings and associated works.

56

8. EWB/14/03556/FUL Royal Oak Stocks Lane East Wittering Chichester PO20 8BS

Demolition of existing buildings, erection of supermarket with associated, car park, new access, hard and soft landscaping. Alternative wording of Conditions 6, 7, 10, 11, 12, 14, 15, 16 and 18 of planning permission EWB/13/01493/FUL to allow for the phasing of information submitted for approval.

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9. CH/14/01354/FUL Chidham Garage & Service Station Main Road Chidham Chichester PO18 8TP

Mixed use development comprising 5 no. 3 bedroom houses and 1 no. 4 bedroom house, 1 no. A1 (retail) unit with 3 no. 2 bedroom flats above, access, landscaping and ancillary works.

72

10. CC/14/02382/EXT Ex Portfield Football Ground Church Road Chichester West Sussex PO19 7HN

Extension of time of planning permission CC/08/00554/OUT (5 yr permission). Residential development and associated off site works.

98

11. BO/14/01911/FUL Land To The North Of Bosham Station Ratham Lane Bosham West Sussex

New 4-bed detached two storey house with attached single garage.

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Parish:Selsey

Ward:Selsey North

1. SY/14/03208/FUL

Proposal Variation of condition 4 of planning permission SY/14/00804/FUL. Increase number of days music can be played to 10 in any calendar year.

Site Selsey Golf Club Selsey Country Club Golf Links Lane Selsey Chichester West Sussex PO20 9DP

Map Ref (E) 485458 (N) 94507

Applicant Ms Caroline O'Hagan

RECOMMENDATION TO PERMIT

NOT TO SCALE

Note: Do not scale from map. For information only. Reproduced from the Ordnance Survey Mapping with the permission of the controller of Her Majesty's Stationery Office, Crown Copyright. License No. 100018803

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1.0 Reason for Committee Referral

Parish Objection - Officer recommends Permit

2.0 The Site and Surroundings

2.1 The site is located on the western side of the Chichester Road (B2145) and forms part of the Selsey Golf Club. It is located between the club house and the bowling green, which is situated off Golf Links Lane, an un-adopted highway. To the north is the fairway; to the east behind a fence is the golf shop and a number of outbuildings; to the south is a gravelled car parking area and to the west is the bowling green. Immediately surrounding the golf club there are paddocks to the east; residential properties approximately 315m to the southeast; Northcommon Farm to the southwest and holiday chalets to the northwest. There is a Public Right of Way (PROW No.76) located to the southwest of the site, which runs along Golf Links Lane.

3.0 The Proposal

3.1 This application represents an amendment to an earlier planning permission for the erection of a marquee between March and October each year inclusive (14/00804/FUL). That permission restricted the playing of music within the marquee to only 6no. days a year, and this application seeks to increase that provision to 10no. days a year.

4.0 History

77/00123/SY PER 1 no. chalet.

79/00187/SY PER Extension and provision of spike room.

88/00284/SY PER New bowling green.

88/00338/SY PER New greenkeepers workshop and store.

96/02007/FUL PER Extension to form kitchen store.

97/00392/FUL PER Extension to ladies and gents golf clubhouse changing rooms.

99/00229/FUL PER Demolition of existing timber lean-to and construction of building to house dry goods store, bottle crate store, cleaning store and dustbin area.

01/00440/FUL PER Extension of existing restaurant with roof terrace above.

04/00806/FUL PER Demolish existing concrete stores and erect timber cabin golf shop.

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04/02606/FUL PER Provision of internal disabled access and toilet. Construction of external ramp for disabled.

07/02864/FUL REF Erection of marquee from March to October (inclusive) each year.

08/02501/FUL PER Erection of marquee from March to October (inclusive) each year.

10/02985/FUL PER Erect a marquee from March to October (inclusive) each year. Permit SY/08/02501/FUL.

12/00881/FUL PER Erection of a marquee from March to October (inclusive) each year.

13/03950/FUL REF Erection of marquee between March and October each year inclusive.

14/00804/FUL PER Erection of marquee between March and October each year inclusive.

14/02971/PD REC Increase the number of functions held within permitted marquee.

5.0 Constraints

Listed Building NOConservation Area NORural Area YESAONB NOStrategic Gap YESTree Preservation Order YESSouth Downs National Park NOSFRA Flood Zone- Flood Zone 2 YES- Flood Zone 3 YESHistoric Parks and Gardens NO

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6.0 Representations and Consultations

6.1 Parish Council

Selsey Town Council objects to this application on the grounds of the noise levels being unacceptable to neighbouring properties. The Town Council has commented on previous applications that if there is sufficient demand for such events a more permanent building should be considered with the appropriate sound proofing

6.2 CDC: Environmental Health Officer

I have no objection to the variation of condition 4 to allow the increase in number of events to 10. However, I would like to reiterate that the planning permission SY/14/00814/FUL is restricted by a strict maximum noise level condition (originally recommended by their own noise consultant) which would effectively prohibit any conventional live music or disco in the marquee. The level permitted would effectively limit any event to background music only. It is with the understanding that this condition is being retained and complied with that my concerns are minimal.

6.3 1no. Third Party Objection

Neighbour raised concerns regarding the levels of loud noise being played at the club during 2009, 2010 and 2011, and were therefore concerned that this would continue with the current application.

7.0 Planning Policy

The Development Plan

7.1 The Development Plan for Chichester District comprises the saved policies of the Chichester District Local Plan First Review 1999 and all adopted neighbourhood plans. There is no adopted neighbourhood plan for Selsey Town at this time.

7.2 The principle planning policies relevant to the consideration of this application are as follows:

Chichester District Local Plan First Review 1999:

BE11 New DevelopmentRE1 Rural Area GenerallyRE6 Strategic GapsRE12 Rural DiversificationTR6 Highway Safety

7.3 The Chichester Local Plan: Key Policies and modifications has now been submitted to the Secretary of State for Examination. The emerging Local Plan is a material consideration and following Submission it gains increasing weight for decision making purposes. As it progresses through the Local Plan process to adoption it will gain more weight, paragraph 216 of the NPPF is therefore relevant.

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Chichester Local Plan (Pre-Submission) Draft 2013

Policy 1: Presumption in Favour of Sustainable DevelopmentPolicy 2: Development Strategy and Settlement HierarchyPolicy 39: Transport, Accessibility and ParkingPolicy 45: Development in the Countryside

National Policy and Guidance

7.4 Government planning policy now comprises the National Planning Policy Framework (NPPF), paragraph 14 of which states:

At the heart of the NPPF is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking:

For decision-taking this means unless material considerations indicate otherwise:

- Approving development proposals that accord with the development plan without delay; and- Where the development plan is absent, silent or relevant policies are out-of-date, granting planning permission unless any adverse impacts of doing so would significantly or demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or specific policies in (the) Framework indicate development should be restricted.

7.5 Consideration should also be given to paragraph 17 (Core Planning Principles), the remainder of the document, generally.

Other Local Policy and Guidance

7.6 The aims and objectives of the Council's Sustainable Community Strategy are material to the determination of this planning application. These are:

A1: A strong local economy where businesses can thrive and growD4: Understanding and meeting community needs

8.0 Planning Comments

8.1 The main issues arising from this proposal are: - Impact on the amenity of neighbouring occupiers.

Assessment

Impact on the Amenity of Neighbouring Occupiers

8.2 The application proposal seeks to extend the use of music within the marquee permitted under application 14/00804/FUL by 4no. days. This amendment would result in the number of days music can be played within the marquee to 10no. during the period the marquee is authorised to be on site (March to October inclusive only).

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8.3 The previous application (14/00804/FUL) was also permitted with noise limiting restrictions (Condition 5) which would need to be re-imposed as part of any permission. Condition 5 limited live or amplified music to only 75dB(A) at 1m from the source of the sound. This was both the recommendation of the Noise Consultant and the District Council's Environmental Health officer under the original application, and would be required to ensure this proposal remains acceptable.

8.4 Whilst the use of a marquee is not generally considered to be a long term solution to the requirements of the Golf Club having regard to the restrictions imposed, and for the limited timeframe sought, coupled with the relative distance to the nearest residential property (315m away), it is considered that the proposals would not cause demonstrable harm to the amenity of neighbouring occupiers.

Significant Conditions

8.5 The conditions imposed as part of application 14/00804/FUL would be included as part of any permission, and would include the limited use of the marquee between March and October (inclusive), together with the use of live or amplified music limited to only 10 days during that period and limiting the sound to only 75dB(A) at 1m from its source.

Conclusion

Based on the above assessment, it is considered the proposal complies with development plan policies, and therefore the application is recommended for approval.

Human Rights

In reaching this conclusion the Human Rights of the applicants and nearby occupiers have been taken into account when reaching this recommendation and it is concluded that the recommendation to permit is justified and proportionate.

In reaching the above conclusion Officers have taken into account rights under Article 8 and Article 1 of the First Protocol of Human Rights and concluded there would be no breach if planning permission were to be granted.

RECOMMENDATIONPERMIT

1 U90173 - Time Limit - Full2 U90174 - No Departure from Plans3 U90175 - Seasonal Use4 U90176 - Events and Music5 U90177 - Noise Levels

INFORMATIVES

1 U90178 - Application Approved Without Amendment

For further information on this application please contact Peter Kneen on 01243 534734

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Parish:Sidlesham

Ward:Sidlesham

2. SI/14/03191/FUL

Proposal 15 unit cattery with separate isolation unit, fencing and landscaping and conversion of existing detached garage to form office with additional parking space and alteration to vehicular access.

Site Highleigh Pound Cottage Highleigh Road Sidlesham Chichester West Sussex PO20 7QP

Map Ref (E) 484303 (N) 98786

Applicant Mr M Sheppard


NOT TO SCALE


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2.1 The site is located on the western side of Highleigh Road, opposite the Highleigh Pound and Zara Stud and Training Centre. The site is located in a small cluster of other Listed Buildings within the designated Rural Area. The semi-detached property comprises a garden area to the south of the house with a detached double garage at the site's southern boundary. The garden area is largely laid to grass and bounded by shrubberies, hedging and trees. The Keynor Rife is located to the western boundary of the site.

3.0 The Proposal

3.1 The application proposal seeks to erect a single storey, mono-pitched roof structure within the garden area of Highleigh Pound Cottage for use as a commercial cattery, providing 15no. separate pens for cats. The works would also see the existing garage building used as an office to support the business, together with increased car parking spaces accessed directly onto Highleigh Road. In addition to the 15no. separate pens, a single separate isolation pen would be provided to the rear of the main house, and a 1.8m high trellis fence erected between the house and the main pen building, which would be lined with a new hedgerow, to provide a natural separation between the listed building and the main cattery structure.

4.0 History

14/03191/FUL PDE 15 unit cattery with separate isolation unit, fencing and landscaping and conversion of existing detached garage to form office with additional parking space and alteration to vehicular access.

14/03439/DOM PCO Proposed installation of an oil tank to supply energy to property and erection of fence/gate.

5.0 ConstraintsListed Building YESConservation Area NORural Area YESAONB NOStrategic Gap NOTree Preservation Order NOSouth Downs National Park NOSFRA Flood Zone- Flood Zone 2 YES- Flood Zone 3 YESHistoric Parks and Gardens NO

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6.1 Parish Council

Sidlesham Parish Council discussed this application at its Planning Committee Meeting on 10th November 2014. The council objected to the application on the grounds that it was considered an inappropriate development of a Grade II listed property. In addition, the Council had concerns regarding the increased level of traffic that this commercial enterprise would generate in a residential area and the disposal of waste from the cattery.

6.2 Environment Agency

The application site lies within Flood Zone 3 defined by the NPPF as having a high probability of flooding. Paragraph 103, footnote 20 of the National Planning Policy Framework (NPPF) requires applicants for planning permission to submit an FRA when development is proposed in such locations.

I confirm that we have no objection to the development and remove our previous objection dated 11 November 2014.

However, the proposed development will only meet the requirements of the National Planning Policy Framework if the following measure(s) as detailed in the Flood Risk Assessment submitted with this application are implemented and secured by way of a planning condition on any planning permission.

6.3 WSCC - Local Development Division

There are 2 parking spaces proposed in association with this application. It is not considered likely that a business of this type would generate a high level of vehicular activity. Owners tend to make appointments, take their pet along, either by walking or by car and then drop them off, and then return after a specified time to collect them. There is unlikely to be an accumulation of owners waiting to collect their pets. On the information submitted no concerns would be raised from the highway point of view.

6.4 CDC: Historic Buildings Adviser

Initial Consultation (dated 14 November 2014)

Objection: There is concern regarding the scale and design of the proposed cattery within the setting of the Listed building, particularly given the potential visual permeability from the road.

In this regard, there is also some concern with the more domestic treatment of the east elevation of the garage, fronting onto Highleigh Road. The proposed use could be mitigated through the use of side hinged solid timber doors acting as shutters over glazing behind, to maintain the ancillary nature and non-domestic character.

The existing soft hedge boundaries reinforce the verdant character of the site and positively contribute to its setting. By contract, the proposed 1.8m close-boarded fencing appears out of character in the rural area and within the setting of the listed building, and could serve to separate the ancillary relationship with the garage further.

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Second Consultation (dated 3 December 2014)

Comment: Further to the amended plans omitting the return of the 'L', the scheme is improved, though there remains some concerns with the fencing and the potential impact on the setting of the listed building.

Please condition details

6.5 CDC: Environmental Health Officer

I do not have any objection to this application. Experience does tend to suggest that catteries can operate without difficulty in a residential area and the hours of operation proposed should ensure that there is minimal disturbance from visiting patrons.

The only informative points I would like to raise are to advise that as this is a new build cattery the CIEH Model guidance for catteries will require different standards than those for existing catteries. One notable point is that the single cat unit of accommodation will no longer be acceptable and consequently if the 16 units shown are based on the dimensions for 'singles' the applicant may want to think again and construct 8 'doubles' instead. It is also worth reiterating that the cattery must obtain a licence to operate which is subject to annual inspection prior to renewal.

6.6 3no. Third Party Objection

The application has received 3no. third party objection letters. Those objections largely relate to impact on the setting and character of the Listed Building, highway safety and car parking concerns.

6.7 1no. Third Party Support

The application has received 1no. third party letter of support for the application, from another cattery owner in Bracklesham. The letter noted the demand for additional catteries in the local area.

6.8 Applicant/Agent's Supporting Information

In addition to the plans and form submitted with the application, the applicant has also provided additional supporting information including a Planning, Design and Access Statement and a Heritage Statement. Further, during the application and following the receipt of comments from the Council's Historic Buildings Adviser, comparable examples of other catteries within the curtilage of listed buildings were provided to demonstrate that they have been considered suitable elsewhere.

7.0 Planning Policy


7.1 The Development Plan for Chichester District comprises the saved policies of the Chichester District Local Plan First Review 1999 and all adopted neighbourhood plans. There is no adopted neighbourhood plan for Sidlesham Parish at this time.

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BE4 Buildings of Architectural or Historic MeritBE11 New DevelopmentBE14 Wildlife Habitat, Trees, Hedges and Other Landscape FeaturesRE1 Rural Area GenerallyRE12 Rural DiversificationTR6 Highway SafetyB5 Rural Area - New Build and Extension


Chichester Local Plan (Key Policies and Proposed Modifications) 2014

Policy 1: Presumption in Favour of Sustainable DevelopmentPolicy 39: Transport, Accessibility and ParkingPolicy 42: Flood RiskPolicy 45: Development in the CountrysidePolicy 47: HeritagePolicy 48: Natural EnvironmentPolicy 49: BiodiversityPolicy 50: Development and Disturbance of Birds in Chichester and Langstone Harbours Special Protection Areas






7.5 Consideration should also be given to paragraph 17 (Core Planning Principles), together with Sections 3, 7, 11, and 12 generally.

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A1: A strong local economy where businesses can thrive and growB1: Managing a changing environmentD4: Understanding and meeting community needsE4: People will have easier access to services at a local level


8.1 The main issues arising from this proposal are:

i) Impact on the character and appearance of the Listed Building and its setting;ii) Impact on the amenity of neighbouring occupiers;iii) Highway safety and car parking; and,iv) Environmental Health issues.

Assessment

i) Impact on the character and appearance of the Listed Building and its setting

8.2 The application seeks the erection of two separate structures within the curtilage of Highleigh Pound Cottage, a block of 15no. cattery pens and a separate isolation pen. The scheme has been subject to amendments following initial concerns raised by the Parish Council and the Council's Historic Buildings Adviser on the impact of the building on the setting of the Listed Building. Subsequently the proposals were amended reducing the scale of the main building, and enhancing the landscaping and fencing within the site to better mitigated against the visual impact of the building on the setting of the main house.

8.3 Following the amendment, it was considered by the Historic Building Adviser that the scheme was more acceptable, subject to appropriate conditions to ensure appropriate mitigation is in place. Whilst the proposals would see the principle setting of the Listed building altered, with a reduced garden area, the provision of a 1.8m high trellis fence between the house and the main cattery building with a native hedgerow planted along its length would reduce the visual impact of the building on its setting and with the amended building design ensure it is located as far away from the Listed building as possible.

8.4 It is therefore now considered that the proposals would not significantly impact on the setting of the Listed building, and its character and appearance would be preserved through the provision of a natural feature through the site, resulting in a garden area of a similar size to that of the adjoining Listed building Appletree Cottage.

ii) Impact on the amenity of neighbouring occupiers

8.5 The site is located within a largely rural setting, within a small cluster of residential and commercial enterprises at the junction of Highleigh Road and Rotton Row, including the Zara Stud and Training Centre. Whilst Highleigh Pound Cottage is semi-detached (adjoined along the northern boundary), the main operational elements of the proposed cattery are located to the southern part of the site, adjacent to the open countryside. Given the generally quiet, clean nature of catteries, coupled with the relative distance to the nearest neighbouring property (the rear garden of Appletree Cottage (to the north) is located over 22m away from the main pen, which will be separated by the new trellis fencing and

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hedgerow), it is considered that the proposals would not have a detrimental impact on the amenity of neighbouring occupiers.

iii) Highway safety and parking

8.6 According to the supporting statement provided by the applicant, the cattery would be operated on an appointment only basis, enabling them to control the movement of customers. This is a standard operating practice employed by a number of catteries, particularly those in more developed, urbanised areas. Highleigh Road, whilst in the rural area is limited to a 30mph speed limit, and the site is within 25m of the junction with Rotton Row, thereby generally ensuring most vehicles are reducing their speed. The road at this point is also straight, providing a good degree of visibility.

8.7 Given the above consideration, and no objection being received from WSCC as Highway Authority, it is considered that the proposals would not have a significant impact on highway safety. Additionally, given the implementation of the booking system, the provision of the cattery is unlikely to result in much conflict between customers using the facility.

8.8 In terms of reversing onto the highway, despite the concerns of the Parish Council, given the proximity of the site to a road junction, the road layout and the speed restriction on the road, it is considered that vehicles reversing onto the highway would not cause an impact on highway safety. It is therefore considered that the proposals would not have a significant impact on highway safety, and with the provision of two dedicated car parking spaces for customers, sufficient car parking is proposed.

iv) Environmental Health issues

8.9 No objection has been received from the Council's Environmental Health department, but notes that certain standards are required for the operation of commercial catteries. These standards were recently amended which has resulted in many existing catteries having significantly reduced capacity. The scale of the proposal (15no. pens and 1no. isolation pen) would not amount to a level likely to result in significant issues for environmental health, and therefore having regard to the above, it is considered that the proposals are acceptable and unlikely to result in environmental concerns on the locality.


8.10 The application is recommended for approval subject to a number of conditions including the provision of fencing details, materials and finishes of the cattery pens, the provision of a shutter door on the garage building to retain a garage/ancillary appearance to the building, the number of pens, hours of operation and landscaping conditions.

Conclusion

8.11 Based on the above assessment, it is considered the proposal complies with development plan policies and therefore the application is recommended for approval.

Human Rights

8.12 In reaching this conclusion the Human Rights of the applicants and nearby occupiers have been taken into account when reaching this recommendation and it is concluded that the recommendation to permit is justified and proportionate.

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8.13 In reaching the above conclusion Officers have taken into account rights under Article 8 and Article 1 of the First Protocol of Human Rights and concluded there would be no breach if planning permission were to be granted.


1 A01F Time Limit - Full 2 U90264 - No Departure from Plans3 F01F Materials/Finishes 4 U90265 - Garage Doors5 U90266 - Fencing Details6 U90267 - Number of cats7 U90268 - Waste Disposal8 U90269 - Hours of operation9 U90270 - Car Parking10 L15F Flood Risk Assessment 11 U90272 - Landscaping12 K02G Landscaping

INFORMATIVES

1 W04F Need for separate Advertisement Consent 2 U90271 - Licence from Env. Health3 W45F Application Approved Following Revisions


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Parish:Sidlesham

Ward:Sidlesham

3. SI/14/03333/COU

Proposal Change of use of former horticultural land to provide an additional 6 no. caravan pitches and associated works including the conversion of a former four car garage to provide toilet, shower and dishwashing facilities and landscaping on land at Fieldgate, Sidlesham.

Site Fieldgate Selsey Road Sidlesham Chichester PO20 7QX

Map Ref (E) 485358 (N) 98911

Applicant Mr & Mrs Muir


NOT TO SCALE


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2.1 The site is located on the western side of the Selsey Road (B2145), adjacent to the historic core of Sidlesham village and immediately to the west of the Sidlesham Church Conservation Area. The site presently comprises an open field used as a Caravan and Camping Club campsite, to the north of the main property. The site is situated on a slightly elevated position above the level of the road, accessed via a gravelled track through a timber five bar gate. At this point, the western side of the B2145 largely comprises open fields and farmland, with the eastern side characterised by residential development along the road frontage and along Church Farm Lane (opposite the site's entrance). The northern, southern and western boundaries comprise mature hedgerow and lines of trees with the eastern (road boundary) comprising a newly planted hedgerow, offering limited screening at present.

3.0 The Proposal

3.1 As stated above, the site presently benefits from permitted development rights associated with the Caravan and Camping Club licence, enabling the temporary stationing of 5no. touring caravans on the site for tourism purposes. The application seeks to enable this to be extended to a further 6no. touring caravans (enabling the site to accommodate a total of 11no. touring caravans).

In addition to the provision of the space for 6no. additional touring caravans, the change of use of the existing garage building into a shower block would enable to a caravan park of 11no. pitches meet the required local standards of facilities (required by the District Council's Licence Conditions). Additional landscaping would be provided to the eastern boundary along the Selsey Road, to minimise its visual impact on the Conservation Area to the east and beyond.

4.0 History

92/00080/SI ALLOW Caravan - agricultural

98/00361/REN PER Site for caravan (renewal).

01/02626/TCA NOTPO Fell 6 Elm trees.

03/01078/REN PER Renewal of planning permission SI/98/00361/REN - Site for caravan.

08/01169/PE REC Proposed renovation and extension to existing dwelling.

09/01492/PE REC Planning Advice: caravan

10/00837/PE REC Proposed camping site.

13/02302/PE REC Planning Advice: Proposed dwellings.

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13/03680/PD REC Creation of hardstanding and installation of fresh water and drainage on each pitch.

13/04234/PE REC Planning advice: temporary accommodation

14/00077/HEPE C Demolish dwelling and outbuildings and replacement dwelling. Provision of touring caravan hard standings on land adjacent to conservation area. New hard and soft landscaping.

14/01148/PD REC Temporary habitation in a static caravan.

14/02883/PD REC Proposed additional 10 no. caravan pitches.

14/03333/COU PDE Change of use of former horticultural land to provide an additional 6 no. caravan pitches and associated works including the conversion of a former four car garage to provide toilet, shower and dishwashing facilities and landscaping on land at Fieldgate, Sidlesham.

14/03818/DOM PCO Two storey rear extension and internal and external alterations, including 1 no. dormer on existing elevation and 8 no. rooflights on existing dwelling.

5.0 Constraints

Listed Building NOConservation Area Adjacent – Sidlesham Church Conservation AreaRural Area YESAONB NOStrategic Gap NOTree Preservation Order NOSouth Downs National Park NOSFRA Flood Zone- Flood Zone 2 NO- Flood Zone 3 NOHistoric Parks and Gardens NO

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6.1 Parish Council

Sidlesham Parish Council discussed this application at its Planning Committee Meeting on 10th November 2014. The Council objects to the application. At present, 5 caravans from the Caravan Club are permitted on the site and the Council considered that an additional 6 caravans would be too many on a property in such a prominent position in the village and so close to the conservation area boundary. However, should CDC be minded to approve this application, the Parish Council request that a condition be imposed that the caravans will be confined to the area shown on the application and the open land to the rear, will be well screened by trees and that it be used only by touring holiday caravans with no caravans occupied by long term residents.

6.2 CDC Historic Buildings Adviser

Although one of the 'Issues' identified within the Conservation Area Character Appraisal is 'Caravans in the field to the side of Fieldgate...', given that the proposed scheme is a transitory and seasonal intensification of the existing permitted use (under the GPDO) it is unlikely to have significant detrimental impacts on the Sidlesham Church Conservation Area.

That said, there will during the summer months be an appreciable impact on the setting of the Conservation Area and listed buildings as seen from the footpath to the west of the site. The thatched cottage known as St Marys and views of the Church (although mid-distance) are likely to be affected.

6.3 No Third Party comments received.


The application has been supported by an extended covering letter setting out the reason for submitting the application, and detailing the current planning policy position of the District.

7.0 Planning Policy


7.1 The Development Plan for Chichester District comprises the saved policies of the Chichester District Local Plan First Review 1999 and all adopted neighbourhood plans. There is no adopted neighbourhood plan for Sidlesham Parish at this time.



BE11 New DevelopmentRE1 Rural Area GenerallyRE12 Rural DiversificationTR6 Highway SafetyT1 Accommodation and FacilitiesT3 Provision in Rural AreasT7 Touring Caravans and Tented Camping

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Chichester Local Plan: Key Policies and Proposed Modifications Draft 2014

Policy 1: Presumption in Favour of Sustainable DevelopmentPolicy 30: Built Tourist and Leisure DevelopmentPolicy 31: Caravan and Camping SitesPolicy 39: Transport, Accessibility and ParkingPolicy 45: Development in the CountrysidePolicy 47: HeritagePolicy 48: Natural EnvironmentPolicy 49: BiodiversityPolicy 50: Development and Disturbance of Birds in Chichester and Langstone Harbours Special Protection AreasPolicy 51: Development and Disturbance of Birds in Pagham Harbour Special Protection Area






7.5 Consideration should also be given to paragraph 17 (Core Planning Principles), together with the remainder of the document generally.


7.6 The following Supplementary Planning Guidance and Interim Statements are material to the determination of this planning application:

Interim Statement on Development and Disturbance of Birds in Chichester and Langstone HarboursInterim Policy Statement on Development and Disturbance on Birds in Special Protection Areas and Identified Compensatory Habitats

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A1: A strong local economy where businesses can thrive and growC2: Encourage healthy and active lifestyles for allD2: Vibrant, safe and clean neighbourhoodsE1: Traffic management in the district will improve so as to reduce congestionE2: There will be improved cycling networks and strong links to public transport to ensure that cycling is a viable alternative to using the carE3: There will be a decrease in the numbers of road traffic collisions in the districtE4: People will have easier access to services at a local level



i) Principle of expanding the existing facility;ii) Impact on the amenity of neighbouring occupiers;iii) Impact on the character and appearance of the Conservation Area; and,iv) Highway safety.

Assessment

i) Principle of expanding the existing facility

8.2 Whilst located within the defined Rural Area, the site is located along the main road linking Selsey to Chichester (B2145), and within close walking distance to a number of local services and facilities, including The Anchor Public House, St Mary's Church and public transport facilities along the Selsey Road. There are also a number of public rights of way and cycle routes in the immediate vicinity, connecting the site to Sidlesham Quay, Selsey and Chichester. Therefore, it is considered that the site represents a sustainable location in which to provide additional tourist facilities within an area well known as a tourist location, and to meet an existing demand for additional provision.

8.3 The proposed development would be small in scale and does not include the provision of new build facilities, relying on the change of use of existing structures on the site. The site lies outside any landscape designated area, and the provision of additional caravans would not have a significantly different visual impact to that of the existing, permitted situation.

ii) Impact on the amenity of neighbouring occupiers

8.4 The host property Fieldside is the only dwelling situated on the western side of Selsey Road at this point, and would not therefore directly impact on the amenity of neighbouring properties. The nearest other properties are The Police House and St Marys, both of which are located on the eastern side of Selsey Road, and located over 40m from the site. Given the intervening feature of the main Selsey road, coupled with the fact that Fieldgate Caravan Park has existed for 40 years, the increased intensification of the use of the site to 11no. pitches during the spring and summer period would be unlikely to detrimentally impact on the amenity of these two neighbouring properties.

iii) Impact on the character and appearance of the Conservation Area

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8.5 The site is located outside but adjacent to the Sidlesham Church Conservation Area, and therefore any development should be considered in relation to its setting, character and appearance. The field proposed to be utilised for the additional 6no. pitches is ready presently used by the permitted 5no. pitches. These existing pitches would in turn be required to make use of the field further to the west and south of the application site (within the ownership of the applicant). Given the existing lawful use of the site, it is considered that the intensification of the use would be unlikely to have a significant impact on the character and appearance of the Conservation Area. The site is presently partly screened from the road by a low level, immature hedgerow fronting the Selsey Road. It is recommended that this be enhanced in order to soften the appearance of the site further from views from the east (Conservation Area).

8.6 This consideration is reflected in the comments of the Council's Historic Buildings Adviser, who acknowledges the impact on the Conservation Area, but given the lawful use of the site at present, coupled with the transitory nature of the proposal, considers impact to be limited.

8.7 It is therefore considered overall that the intensification of the use of the site from 5no. touring caravans to 11no. touring caravans on the site between March and October (inclusive) would not have a significantly detrimental impact on the locality, and would provide a much needed additional provision of tourism accommodation space for the Manhood Peninsula.

iv) Highway safety

8.8 The site is presently used as a caravan site during the licenced period (March to October), which is presently permitted by the Camping and Caravan Club. Permitted sites have to meet a set number of criteria, including the provision of a suitable access, enabling a car and caravan to pull safely off the public highway before stopping. This provision is applicable to Fieldgate, with the existing access arrangement designed to ensure safe means of entrance and exit from the site onto the public highway. It is considered that the existing access arrangements are suitable and the increase in activity on the site would not compromise highway safety.


8.9 The application is recommended for approval subject to a number of Conditions, including limiting the total number of touring caravans on the site to 11no, and that they shall be situated on the land only between March and October (inclusive).

Conclusion

8.10 Based on the above assessment, it is considered the proposal complies with development plan policies and therefore the application is recommended for approval.

Human Rights


8.12 In reaching the above conclusion Officers have taken into account rights under Article 8 and Article 1 of the First Protocol of Human Rights and concluded there would be no breach if planning permission were to be granted.

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1 A01F Time Limit - Full 2 U90212 - No Departure from Plans3 U90213 - Number of Pitches4 U90214 - Holiday Accommodation Only5 U90215 - Timeframe limitation6 N03F Permitted Development 7 U90217 - Landscaping8 K02G Landscaping

INFORMATIVES

1 W08F Change of Use permission only 2 W44F Application Approved Without Amendment


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Parish:Oving

Ward:North Mundham

4. O/14/02826/REM

Proposal Construction of spine road and associated site levelling and re-profiling works

Site Land On The North Side Of Shopwhyke Road Shopwhyke West Sussex

Map Ref (E) 488000 (N) 105000

Applicant Hanbury Properties (Chichester) Ltd


NOT TO SCALE


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2.1 The application site is situated within the Parish of Oving, north and north-west of the hamlet of Shopwhyke and on the eastern edge of Chichester. The site is approximately 2km from the city centre as-the-crow-flies and comprises an irregular shaped parcel of land of approximately 32 hectares bordered to the west and north by the A27, by Shopwhyke Road (B2144) to the South and Coach Road to the East. All boundaries are well screened with trees and hedgerow vegetation and afford only occasional, fleeting glimpses into the site. Most of the site has been previously worked for the extraction of gravel as evidenced by the now flooded former extraction pits and mounds of mineral deposits. Formerly operated by Tarmac Southern Ltd, large areas of the site have been used for aggregate extraction and mineral processing. There is a concrete batching plant with associated weighbridge and small office buildings and an inert waste processing facility. A current single point of vehicle access/egress to the site is via the A27 to the west. Two unused additional gated access points to the site are located on the Shopwhyke Road and Coach Road boundaries. There is a public footpath just beyond the northern boundary of the site running parallel with the A27.

2.2 The site is generally level but with some uneven variations caused by temporary stockpiles. The eastern half of the site has naturalised to an extent with areas of grassland, scrub, bunds, ditches and hedges and some nursery tree plantations carried out as part of the sites partial restoration. There are also notably several large waterbodies on the site which are proposed to be retained as an integral part of the re-development. The majority of the site is in Flood Zone 1 with part of the west end of the site (approx 5 ha) in Flood Zone 2.

2.3 The application site is part of a larger area of land enclosed by the A27, Shopwhyke Road and Coach Road. There are two further areas in the north-west and south-west corners of this land which adjoin but are outside the site. To the north-west is land (approximately 4.6 ha) owned by Glenmore which is currently vacant with large areas of open concrete hardstanding. It has extant outline planning permission for the erection 3 units for B8 storage and distribution purposes. The pocket of land to the south-west includes a line of approximately 40 dwellings fronting OvingRoad/Shopwhyke Road, the Shopwhyke Industrial Estate, Portfield Depot and Environment Agency offices.

3.0 The Proposal

3.1 This proposal is the first of a series of applications that are anticipated for the approval of reserved matters following the grant of outline planning permission by the Council in August 2013 for the re-development of the greater part of the land at the Shopwyke Strategic Development Location for a mix of community and commercial uses including 500 new dwellings. This first reserved matters application is for the setting out of the new main spine road at the site including its alignment, width and levels and its landscaping. The details are submitted for approval in response to condition 43 on the outline permission. The spine road provides a key north to south link through the site from the permitted new vehicular access created to the A27 Arundel Road to the north and the new access to be created with Shopwhyke Road to the south. The spine road also links through to the A27 to the west where the existing vehicular access serving the Tarmac site has permission to be re-positioned further to the south. To facilitate the construction of the spine road, the proposals also involve a re-profiling and levelling of the existing uneven landform at the site which entail moving earth spoil from the higher northern part of the site and depositing it further to the south where there are existing unstable areas of ground.

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3.2 The proposal is for a 7.3 metre wide spine road restricted to 30mph bordered on each side by a 2.6m wide grass verge. This carriageway is proposed to be planted up on both sides with 6 to 6.5m high fastigiate trees positioned approximately 14m apart to form a continuous avenue of roadside trees through the development. Beyond the grass verge on the east side of the N-S road a 3m wide shared cycleway and footpath is proposed and on the west side a 2m wide footpath. The spine road west link has a cycleway along its northern edge which will connect through to the new pedestrian/cycle bridge over the A27 permitted under the outline planning permission for Shopwyke Lakes. The spine road includes a number of short 5.5m wide minor spur roads branching off it which will provide access to future phases of the development as they come forward through the reserved matters applications. The main spine road will be lit by 6 metre high tubular steel lighting columns designed by SSE the lighting contractor for WSCC and positioned to avoid clutter and to integrate with the tree planting. The proposals also contain details of the surface water drainage from the road which as part of the SUDs strategy is to be discharged via ditches and swales to the existing large lake in the centre of the site.

4.0 History

11/05283/OUT PER106 Urban extension comprising a residential development of 500 dwellings within a parkland setting together with employment redevelopment and associated vehicular, cycle and pedestrian access, drainage and landscape, community facilities, elderly care village, localised retail units, major new public open spaces.

14/01777/OUT PCO Removal/variation of those conditions on planning permission O/11/05283/OUT which require the closure of the Oving Traffic Lights and to retain the junction as it currently functions.

14/03560/OUT PCO Removal of Condition 17 of planning permission O/11/05283/OUT - Unrestricting access.

14/03828/DOC PCO Discharge of conditions relating to O/11/05283/OUT, conditions 20 to 26, 32, 33, 35, 36, 38, 41 and 43.

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5.0 Constraints

Listed Building NOConservation Area NORural Area YESAONB YESStrategic Gap NOTree Preservation Order NOSouth Downs National Park NOSFRA Flood Zone- Flood Zone 2 YES (Part)- Flood Zone 3 NOHistoric Parks and Gardens NO


6.1 Parish Council

Oving Parish Council OBJECT to the proposals for the Spine Road included in theabove application. In particular, the narrow carriageways of the N - S Spine Road (Road 1) appear to be totally inadequate and will be unable to handle the volume of the "diverted traffic" that is expected to use it if or when the Oving Crossroads are permanently closed as currently proposed. It may be adequate for the 1000 or so residents vehicle movements per day expected to use it from the new Shopwyke Lakes housing development, but is inadequate to handle the currently nearly 7000 additional vehicle movements expected per day from a wide catchment area if the Oving Crossroads are permanently closed. Specific concerns include the use of inappropriate "raised table block pavings" at three of the junctions on the southern end, the absence of any central reservations to facilitate pedestrians crossing the carriageways. We also object to the absence of any cycle paths (and insufficient width to include them), the absence of any designated left or right turn lanes to facilitate through traffic flow and the planting of mature trees that overlap the entire width of the road and will inhibit the movement of large vehicles. The mix of vehicles, cyclists and pedestrians on the carriageways on this largely residential development has serious safety implications. The stated aims of the development are to encourage "connectivity" with Chichester over a new pedestrian footbridge near the Portfield Roundabout. Not only are there no cycle paths currently marked on the plans, but there are no cyclepaths connecting to Shopwyke, Drayton, Oving or Tangmere. The width of the carriageways on the West Link Spine Road to the new Western Access onto the A27 Chichester Bypass may however be adequate as it should not be used by heavy goods vehicles coming into or leaving the Glenmore Site. The narrower carriageways on this section may also discourage other vehicles from using it as a "rat run" to and from Shopwyke Road. Oving Parish Council therefore request that consideration of the above application by the CDC Planning Committee be delayed because of some of the concerns and issues raised above. OPC believe that their planning application O/14/01777/OUT should be considered by the Planning Committee before the above application because keeping the Oving Crossroads open will have a significant impact on improving traffic flows on the already congested A27 Chichester Bypass. Oving Parish Councillors also had a number of questions about the additional traffic from other proposed developments in the area. These include the Glenmore and Osborne Sites, now on the Shopwyke Lakes plans. We are also aware of a letter from the Southern Planning Practice dated 18 January 2013 acting on behalf of Eurequity Ltd and D C Heaver, landowners of 90 acres immediately south of Shopwyke Road requesting that Highways adopt sufficient land along the Spine Road to take traffic from a mixed housing and commercial development in the future. The Councillors would like to know what work is

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being done on these and traffic from the further large housing developments in Tangmere and Westhampnett. There are proposals for development of the former MOD site on the A259 Bognor Road, expansion of the existing Chichester Foodpark, mineral extraction from the Brick Kiln Farm site and traffic from the Bognor Relief Road now due to open in December 2014. It is our view that it is no longer appropriate to consider these on a "case by case" basis as seems to have been done in the past.


No objection to the proposals as submitted subject to conditions.

6.3 Southern Water

No additional comments to those made on the outline application.

6.4 Highways Agency

No objection. The HA looks to WSCC as the local highway authority to ensure that the spine road will be constructed to a standard that will provide an appropriate route between the B2144 and the A27.

6.5 WSCC - Highways

No objection is raised to the proposed spine road; however, infrastructure provision along the road will need to be considered at the reserved matters stage for layout once the arrangement of residential dwellings has been set.

6.6 CDC - Environmental Health Officer

Land contamination - report shows contaminants found in the made ground where the spine road is proposed. This requires a remediation strategy and a condition is recommended to secure this.The spine road should be designed so that no pathways are created for landfill gas migration. As it is intended to re-use material from the north end of the site to level areas at the south and west end. All materials to be used for infill should be contaminant free to avoid new areas becoming contaminated. Requirements of the Environment Agency need to be met with regard to Waste Disposal Regulations.During construction of spine road a construction environmental management plan (CEMP) should be followed to mitigate dust, noise, transport emissions. This should be conditioned.

6.7 CDC - Archaeological Officer

It is unlikely that anything of archaeological interest survives here.

6.8 CDC - Drainage Engineer

In principle we accept the proposed surface water drainage scheme and understand that re-profiling the site enables a suitable SuDS system to operate. However I still have reservations with the boundaries covered by cross sections 5 & 6 in the south west corner of the site. Subject to suitable infiltration in this area, which I expect to be the case I would like to see a cut off drain provided. This would provide a safety buffer against overland flows from the site and potential overland flows from the adjacent land which would now be interrupted. I suggest that this can dealt with via a pre-commencement condition.

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6.9 CDC - Environmental Strategy

The proposed mitigation strategies submitted for protected species in the outline planning permission should be followed. Satisfied that the proposed habitat enhancements and subsequent management are suitable as detailed in the submitted reports.

6.10 CDC - Design and Implementation Manager

I am broadly supportive of the Design Code as it will set out some clear parameters against which we can assess the detailed proposals as they come forward and, hopefully, make it clear to prospective house builders the quality we are expecting from the completed development. Having an approved design code should give weight to design issues generally.

6.11 CDC - Sport and Leisure Development Manager

I can confirm that the pitches meet the required National Governing Bodies dimensions. There is some concern about the pinch point on the south west corner but there is a large cycle path and grass verge between the pitch boundary and the road of 5.6m. A risk assessment will need to be completed by the developer and where necessary I would suggest that fencing or planting being introduced to further reduce the risk of balls going in to the road. Other outcomes from the risk assessment may include additional signage on the cyclepath to inform cyclists that sport is played on the field.

6.12 4 Third Party Objections

Levels seem to be significantly higher than land/property/roads around the site.Will only push flooding problem onto the surrounding area.Raising of the land this will further add to a reduction of privacy at once secluded property.Loss of trees, hedgerows and vegetation.Live next to development - disruption of spine road works will have dramatic impact on our standard of living in terms of loss of privacy, noise, air pollution, traffic, safety of children.Spine road and closure of Oving traffic lights will cause catastrophic traffic congestion.

6.13 2 Third Party Other

Spine Road junction with Shopwhyke Road will be dangerous, better to have a mini roundabout


The applicant has submitted a Design Code in lieu of a Design and Access Statement and a Regulatory Plan which will inform not only this proposal but each subsequent phase of the development by establishing a set of development parameters. The application itself is accompanied by a series of drawings which show levels and sections across the site with landscaping drawings showing planting proposals on each side of the proposed road.

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7.0 Planning Policy


7.1 The Development Plan for Chichester District comprises the saved policies of the Chichester District Local Plan First Review 1999 and all adopted neighbourhood plans. There is no adopted neighbourhood plan for Oving Parish at this time.

7.2 The principal planning policies relevant to the consideration of this application are as follows:Chichester District Local Plan First Review 1999:

BE3 ArchaeologyBE11 New DevelopmentRE1 Rural Area GenerallyRE8 Nature Conservation (Non-designated Areas)TR6 Highway SafetyH3 Polluted Sites



Policy 1: Presumption in Favour of Sustainable DevelopmentPolicy 7: Masterplanning Strategic DevelopmentPolicy 8: Transport and AccessibilityPolicy 16: Shopwyke Strategic Development LocationPolicy 33: New Residential DevelopmentPolicy 39: Transport, Accessibility and ParkingPolicy 40: Sustainable Design and ConstructionPolicy 42: Flood RiskPolicy 49: Biodiversity


7.4 Government planning policy now comprises the National Planning Policy Framework (NPPF), paragraph 14 of which states:At the heart of the NPPF is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking:For decision-taking this means unless material considerations indicate otherwise:- Approving development proposals that accord with the development plan without delay; and- Where the development plan is absent, silent or relevant policies are out-of-date, granting planning permission unless any adverse impacts of doing so would significantly or demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or specific policies in (the) Framework indicate development should be restricted.

7.5 Consideration should also be given to paragraph 17 (Core Planning Principles) and paragraphs 32, 35 and 36 relating to transport.

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E1 - Traffic management in the district will improve so as to reduce congestion

E2 - There will be improved cycling networks and strong links to public transport to ensure that cycling is a viable alternative to using the car


8.1 There are considered to be two key issues arising from this proposal:

- Whether the proposed spine road is fit for its intended purpose.- Whether the associated re-levelling of the site is acceptable in terms of surface water drainage.

Design of the Road

8.2 The main issue is whether the proposed spine road is of a design suitable to fulfil its function as both a main road diversion of the B2144 and as a residential feeder road for the Shopwyke Lakes development. The principle of a spine road and the specific access points where this road meets the A27 and Shopwyke Road have been previously considered and approved under the outline planning permission. Although the outline application did not specifically consider the layout of the development - this matter was reserved - the alignment of the spine road now proposed closely follows the route which was shown on the illustrative masterplan which accompanied the outline planning application.

8.3 The new road which includes a cycleway and footpath will ultimately be adopted by WSCC and will form a key part of the local highway network. The comments of WSCC as Local Highway Authority are therefore considered to be paramount and it will be noted that the Highways Agency (para 6.4) has confirmed that it looks to WSCC to ensure that the road is constructed to a standard that will provide an appropriate route between the B2144 and the A27. The consultation comments from WSCC are the result of detailed discussions with the applicants highway consultant and a summary is attached at paragraph 6.5. The proposals have been amended from the original submission to increase the width of the road from 6.5metres to 7.3m, to remove the raised table block pavings at three of the junctions and to specify alternative roadside tree planting in the interests of highway safety and maintenance. The road has been subject to a Road Safety Audit (RSA) and the design revised to address the issues raised. The RSA did not indicate any safety concerns in relation to the provision of the drainage swales adjacent to the highway. The Committee will note therefore that there is no overall objection from the relevant highway authorities to the specification of the road which is described in paragraph 3.2 above.

8.4 The WSCC response is, however, caveated with the expectation that the provision of specific infrastructure connected to the road including pedestrian crossing locations, bus stops, traffic regulation orders (where necessary) and signage will come forward as subsequent applications for reserved matters on each phase of the development are submitted. At that point, the needs of the development in terms of the number and layout of dwellings in the phase and the different uses proposed at Shopwyke Lakes will inform the detailed highways elements and infrastructure of the road. Ultimately the delivery of the detailed road works will be controlled via separate Section 38 and 278 Agreements with WSCC.

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Site Levelling and Drainage

8.5 The position and setting out of the main spine road on the site is important because it establishes the template for all future applications for reserved matters at Shopwyke Lakes. A key part of that setting out is a re-modelling and re-profiling of the existing uneven land. The purpose of this is to infill and stabilise lower lying former lake areas and to lift those areas of the site above floodable zones in order to achieve the overall gravity falls required for the SUDS surface water drainage strategy. The approved drainage strategy is to collect surface water discharges from the site including the new spine road and using a combination of either sealed permeable paving, pipework or open filter swales to transfer this water to the deep central lake. Should the water level in the central lake increase above a pre-determined level (i.e. if it increases from 13m AOD surface level to14.25m AOD) a weir will surcharge the excess via a swale to the eastern lake on the site. The significant engineering works associated with provision of the spine road therefore entail moving earth spoil from the north part of the site to the south side to provide an appropriate gradient and level for the new road.

8.6 The levels drawings submitted with the application show an overall average design level on the site of approximately 15-15.5m AOD. The application is also accompanied by 7 section drawings taken across the southern part of the site at the boundary to show the relationship between existing and proposed levels. In practice this will mean a difference (an increase in height) between the proposed overall ground level at the south-west boundary of the site and the ground level of the existing dwellings at Shopwhyke Road of between 100mm and 700mm. The siting and form of the proposed dwellings in this phase of the development will therefore require careful consideration at the reserved matters stage to ensure that the amenities of the dwellings at Shopwhyke Road are safeguarded in terms of overbearing or overlooking issues. The higher site level also potentially creates an issue with regard to surface water from this part of the site discharging onto existing residential properties. The Councils Drainage Engineer has carefully considered this and to prevent such a possibility it is recommended that a shallow trench or French drain is provided on this boundary to capture any run-off. With this safeguard in place it is considered that the development proposed at these levels in this area of the site is acceptable. A condition is attached to the recommendation to permit the application to this effect.

8.7 In the south-east corner of the site there is a greater difference between the proposed site ground level and the existing ground level at Shopwhyke Road. The existing ground levels on the site are currently higher than Shopwhyke Road by up to approximately 1.7 metres. The proposal is to construct the new housing at or about the existing site ground levels . The layout of dwellings in this phase of the site will require careful consideration at the reserved matters stage to ensure that they are both sufficiently set back from Shopwhyke Road and of a scale and massing so as not to appear overbearing or too dominant in the street scene. The indicative layout plans show new dwellings in this area set back about 30 metres back from the road. Officers consider a 30m set back would be sufficient distance to offset any harmful visual impact. Notwithstanding that the retained hedgerow on the Shopwhyke Road boundary will provide a measure of screening, the development of Shopwyke Lakes is still going to result in some visible and physical change to the local environment. Officers are satisfied having considered the local context that the future layout can be satisfactorily controlled to ensure that the impact of this change is well managed.

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Other Issues

8.8 Proximity of Playing Fields to Spine Road - Concerns have previously been expressed about the proximity of the proposed sports playing pitches at Shopwyke Lakes to the spine road in terms of safety considerations around the available run-off areas and the potential for balls from cricket or football matches striking vehicles using the carriageway. The Section 106 agreement contains a requirement for Shopwyke Lakes to deliver an area of playing fields capable of accommodating a minimum sized recreational ECB standard adult cricket pitch, an adult football pitch and a youth football pitch. The location of the playing fields within the development is relatively fixed because of flood risk considerations. That part of the site is within Flood Zone 2 which makes it inappropriate for housing but acceptable for playing fields. The Regulatory Plan submitted with the application shows the relationship of the cricket pitch and football pitches to the spine road. It is accompanied by a more detailed plan which shows that the pitches of the required size together with run-off areas can be accommodated within the available space. Indicative boundary fencing with the road shows how the potential for cricket balls and footballs leaving the playing field area could be mitigated for. The final specification for the playing field area and the boundary treatment including planting and appropriate fencing will be determined when the reserved matters application for that phase is submitted. It is not uncommon to find sports pitches next to roads and examples in Chichester are the football pitches at Florence Road, the cricket pitch and rugby pitches at Oaklands Park adjacent to the A286 Broyle Road, the playing pitches at Parklands by Sherborne Road and the village cricket ground at Wisborough Green adjacent to the A272. Officers consider that the relationship between the road and the playing pitches is acceptable.

8.9 Consultations have been carried out with the Council's Sport and Leisure Development Manager on the basis of the submitted drawing regarding the road/pitch relationship. No objection is raised.

8.10 Residential Amenity - Delivery of the Shopwyke Lakes development is a major civil engineering project and as with any project of this scale it is likely to entail a degree of disruption in order to carry out the works. The spine road where it adjoins Shopwhyke Road is adjacent to existing residential properties fronting that road and both the raising of the site levels and the construction phase have the potential to negatively impact on established amenity. On the first issue relating to levels, the surface water drainage issue is addressed earlier in this report and a condition will be imposed as recommended by the Council's Drainage Engineer to safeguard properties from possible flooding. The potential loss of privacy through overlooking or overbearing development to existing dwellings will be addressed through the reserved matters application for that phase with careful attention paid to the layout, scale and orientation of the buildings. On the eastern side of the site the wide belt of existing tree planting will provide boundary screening from Coach Road.

8.11 In terms of any disruption caused during the carrying out of the development, the Committee is advised that the outline planning permission contains a detailed construction management condition. This requires details to be submitted on how the development is to be carried out, including measures to control the emission of dust and dirt from the construction, details of public engagement, the parking of vehicles on site by site visitors and operatives, the storage of plant and materials and the hours of working. These matters all need to be agreed before development takes place. It is considered that the condition therefore contains suitable safeguards to protect residential amenity within the context of the permitted development.

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8.12 Matters relating to mitigating for existing land contamination and for the ecology of the site in terms of protected species and habitat creation as a consequence of the land re-profiling works are addressed in the detailed reports accompanying the outline planning permission.


8.13 This reserved matters application for the spine road and the re-profiling of the land is running concurrently with an application (CC/14/03828/DOC) for the discharge of those conditions on the outline planning permission which specifically relate to this proposal. Additional conditions are attached to this reserved matters approval requiring adherence to the proposed mitigation measures contained in the Reptile Mitigation Strategy, Site Habitat Creation, Enhancement and Ecology Management Plan, the Construction Ecological Mitigation Strategy and the Geotechnical Report on contaminated land.

Conclusion

8.14 This application represents the first detailed step following the grant of outline planning permission in August 2013 towards bringing forward the development of the Shopwyke Lakes strategic development site. The spine road forms the backbone or template from which the final layout of the housing, community, leisure, commercial and employment phases will be developed. The road is designed as the new route of the existing B2144 and its design has been approved by WSCC as the Local Highway Authority. The associated land re-profiling works establish both the level of the new road and the necessary gradient of the surrounding landform to ensure that the approved surface water drainage strategy works. Officers are satisfied that the details accompanying the application are acceptable notwithstanding that further detailed control over the development of the subsequent built phases can be exercised as part of the reserved matters applications.

Human Rights



1 U90384 - Approved Plans2 U90385 - Compliance with Ecology Reports3 U90390 - Drainage to accord with Design Code4 U90391 - Surface Water Run-off5 U90393 - Land Contamination6 U90394 - De-watering Operations7 U90395 - Surface Water Measures in SW corner

INFORMATIVES

1 U90396 - Informative - Environmental Permit2 U90397 - Informative - Riparian Interests

For further information on this application please contact Jeremy Bushell on 01243 534734

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Parish:Kirdford

Ward:Wisborough Green

5. KD/14/03352/FUL

Proposal Demolition of existing derelict dwelling. Erection of 1 no. three bed family home and garage. Formation of a new garden and agricultural pasture.

Site Filliams Farm Plaistow Road Kirdford Billingshurst West Sussex RH14 0JR

Map Ref (E) 501646 (N) 127996

Applicant Mr And Mrs John And Sandra Beckett


NOT TO SCALE


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1.1 Parish Objection - Officer recommends Permit


2.1 The application site is located to the south of Plaistow Road in a relatively isolated location. The existing building is a dilapidated single storey, shallow pitched roof bungalow positioned within an overgrown site. The building and site has not been in used for some time and appears to be currently uninhabitable.

3.0 The Proposal

3.1 The proposal includes the replacement of the building with a three-bedroom chalet bungalow including dormers to the northeast and southwest elevations. The building would be increased in height and size from that of the existing. The proposed property would include a ground floor lounge, kitchen, pantry, study, utility and bathroom with staircase leading to three bedrooms and two bathrooms within the roof space. The proposed property, although sited within the domestic curtilage and close to the existing bungalow, would be more visually prominent from the road, particularly form the south. There are public rights of way to the east, south and west which would also offer limited views of the site.

3.2 The building would have a varied eaves height; 3.5 to the rear (northeast) and 2.4m to the southwest (front). The main ridge height would measure 6.95m and that of the front projection would reach a maximum ridge height of 5.8m. The property would have an external footprint of 20.9m by 10.7m (including the roof overhang) and the forward projection would measure 3.3m x 9m. A car port is proposed in the middle of, and close to, the western boundary and would replace the existing outbuildings.

5.0 History

07/01329/FUL WDN Demolition and removal of Filliams Farm and ancilliary buildings and construction of a replacement dwelling.

14/01472/FUL REF Demolition of existing derelict dwelling. Erection of three bed family home. Formation of a new garden.

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5.0 Constraints

Listed Building NOConservation Area NORural Area YESAONB NOStrategic Gap NOTree Preservation Order NOSouth Downs National Park NO- Flood Zone 2 NO- Flood Zone 3 NOHistoric Parks and Gardens NO


Parish Council

6.1 OBJECT. The application is proposing to increase the size of the dwelling by approximately onethird, which is contrary to the following policies in the Kirdford Neighbourhood Development Plan (NDP): DS1, DS2, DS3, DS4, DS5 and a view will need to be taken on policy H5 regarding small dwellings. Kirdford Parish Council (KPC) Councillors were aggrieved to hear that the applicants had not been told by Chichester District Council (CDC) about the existence of the NDP, so were not aware of the NDPs policies or the requirement to comply with the policies. As a result, KPC will write to the planning office at CDC to insist that all planning applications in the parish be judged in accordance with the NDP policies, otherwise CDC planning decisions will be compromised. KPC continues to request a meeting with CDC to define NDP policy H5, as there needs to be clarification on what is considered to be a small dwelling.

CDC Environmental Officer

6.2 BatsAs a precautionary measure, the roof structures of the buildings should be removed by hand in the presence of a suitably qualified ecologist. If a bat is found, all works must stop and Natural England consulted.

The lighting scheme for the site will need to take into consideration the present of bats in the local area and the scheme should minimise potential impacts to any bats using the trees and hedgerows by avoiding unnecessary artificial light spill through the use of directional light sources and shielding.

ReptilesDue to the current condition of the site, there is a high change of reptiles within the site. Due to the protection reptiles hold the applicant will need to either have a reptile activity surveys undertaken by a suitably qualified ecologist or assume reptiles are onsite and have a mitigation strategy for reptiles produced and submitted with the planning application prior to determination. The mitigation strategy will need to include details of reptile fencing, translocation methods, the translocation site I enhancements and the timings of the works.

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BirdsDue to the level of protection nesting birds hold, any vegetation clearance (including tree felling) should take place outside of the nesting season (February- September). If this is not possible, an ecologist should inspect the site and areas, which will be disturbed no more than 24 hours prior to the works taking place. If no nesting birds or young are found works may begin. However if any nesting birds or young are onsite work will have to be delayed until they have fledged.

WSCC - Highways

6.3 No concerns wished to raise from a highways perspective.

1 x Third Party Other

6.4 Comments raised from Wildacre Farm in respect of the following;

The windows and sky lights on the North East and North West elevations. Although these elevations are oblique to our property and some distance away, we are concerned that this leads to much greater degree of direct line of sight between the two properties. We will have an unobstructed view of the new property's upstairs and downstairs and vice versa.

We suggest that suitable screening trees (non-deciduous) be planted in the appropriate area adjacent to the boundary between the two properties to a height that will screen upstairs and downstairs from both properties.

In order for the trees to thrive we believe the drainage ditch between the two properties will need to be reinstated, it is currently back-filled in several areas and drainage is very poor. We have tried to establish our own hedging in the same area but this has jailed twice due to waterlogged ground. Presently we do not know who is responsible for the upkeep of this ditch.

Applicant's Additional Information (email 19/11/14)

6.5 Points raised in response to the Parish Council Objection as follows;

DS1 New development on unallocated sitesWe feel that Filliams Farm is not an unallocated site. A dwelling is already in existence on which Council tax is full paid. It will be demolished and replaced with another dwelling house which will be placed further from the road whilst remaining inside domestic curtilage and will therefore be less intrusive from the road sight line.

DS2 Encouraging Quality DesignThe new dwelling will be built from locally sourced materials. The face brick work, feather edge weather board, chimney and low varied ridge lines together with the use of dormer windows will blend well into the local vernacular.

DS3 Provision of Off Road ParkingThere is no alteration to the existing access on the Plaistow road. The new dwelling will include the erection of a 3 bay garage and ample turning space. There will be no impact on the public highway.

DS4 Local Fibre or Internet ConnectivityWe will connect to the internet via whichever provider is most appropriate, using the criteria of reliability, availability and the need for uninterrupted future usage.

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DS5 Code for Sustainable Homes Standards in the PlanWe wish to build a highly energy efficient and sustainable home. As stated in the application we will use building materials that attain at least the required minimum u values. The heating and energy systems will be fuelled from sustainable sources. KPNDP requires level 5 as defined in the Code for Sustainable Homes. We will ensure that the 84 point requirement is met.

In the minutes of KPC Planning meeting there is mention of EM1, abandonment/dormancy & H5.

EM1 Management of the water environment During the construction process the agricultural pasture will be reinstated. This process will include the clearing out and ongoing maintenance of all hedges, ditches and verges plus the continuation of new tree planting.

Abandonment/DormancyThe property has been empty for approximately 7 years, the Council Tax has been fully paid and the site is visited on a regular basis. The entrance has been allowed to become overgrown as we were suffering from fly tipping.

H5 Extension of Existing Rural DwellingsWe are unsure as to whether or not this applies to our application as we are not extending an existing dwelling we are demolishing and rebuilding. The proposed plans show a 30% increase in floor space over the existing dwelling but the integration of the 1st floor into the roof space has reduce the scale of the building and being sited further away from the highway out of immediate line of sight provides a less intrusive construction.

7.0 Planning Policy


7.1 The Development Plan for Chichester District comprises the saved policies of the Chichester District Local Plan First Review 1999 and for Kirdford Parish, the adopted Kirdford Parish Neighbourhood Development Plan.

7.2 The principal planning policies relevant to the consideration of this application are as follows:

Chichester District Local Plan First Review (CDLP:FR) 1999:

BE1 Settlement Policy AreasBE11 New DevelopmentBE13 Town CrammingBE14 Wildlife Habitat, Trees, Hedges and Other Landscape FeaturesRE5 North-eastern Part of the DistrictRE8 Nature Conservation (Non-designated Areas)TR6 Highway Safety

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Kirdford Parish Neighbourhood Development Plan (KPNDP) 2014:

DS.2 - Encouraging Quality DesignDS.3 - Provision of Off Road ParkingDS.4 - Local Fibre and Internet ConnectionDS.5 - Code for Sustainable Homes Standard in the PlanH.5 - Extension of existing Rural Dwellings



Policy 1: Presumption in Favour of Sustainable DevelopmentPolicy 2: Development Strategy and Settlement HierarchyPolicy 33: New Residential DevelopmentPolicy 39: Transport, Accessibility and ParkingPolicy 40: Sustainable Design and ConstructionPolicy 42: Flood RiskPolicy 48: Natural EnvironmentPolicy 49: Biodiversity


7.4 Government planning policy now comprises the National Planning Policy Framework (NPPF), paragraph 14 of which states:At the heart of the NPPF is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking:

For decision-taking this means unless material considerations indicate otherwise:- Approving development proposals that accord with the development plan without delay; and- Where the development plan is absent, silent or relevant policies are out-of-date, granting planning permission unless any adverse impacts of doing so would significantly or demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or specific policies in (the) Framework indicate development should be restricted.

7.5 Consideration should also be given to paragraph 17 (Core Planning Principles), 64 (Design) 109 Natural Environment).

7.6 The government's New Homes Bonus (NHB) which was set up in response to historically low levels of housebuilding, aims to reward local authorities who grant planning permissions for new housing. Through the NHB the government will match the additional council tax raised by each council for each new house built for each of the six years after that house is built. As a result, councils will receive an automatic, six-year, 100 per cent increase in the amount of revenue derived from each new house built in their area. It follows that by allowing more homes to be built in their area local councils will receive more money to pay for the increased services that will be required, to hold down council tax. The NHB is intended to be an incentive for local government and local people, to encourage rather than resist, new housing of types and in places that are sensitive to local concerns and with which local

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communities are, therefore, content. Section 143 of the Localism Act which amends S.70 of the Town and Country Planning Act makes certain financial considerations such as the NHB, material considerations in the determination of planning applications for new housing. The amount of weight to be attached to the NHB will be at the discretion of the decision taker when carrying out the final balancing exercise along with the other material considerations relevant to that application.



Chichester District Council's Planning Guidance Note 3, Design Guideline for Alterations to dwellings and extensions (revised September 2009) (PGN3)


B1 - Managing a changing environment


8.1 The main issues arising from this proposal are: i) Impact on the character of the areaii) Impact on neighbouring amenitiesiii) Highway safety iv) Provision of Internet Connectivityv) Code For Sustainable Homesvi) Water Management vii) Ecology and Protected Species

Assessment

i) Impact on the character of the area

8.2 The existing property is not a small dwellinghouse as defined policy H12 of the CDLP:FR, however; it is single storey with a shallow pitched roof (majority of which is 3m in height). The increase size and height would result in a more prominent property that would be visible from the road. The Parish Council have suggested that the proposal is contrary to Policy H.5 of the KPNDP. However this refers to the extension of existing rural dwellings, not replacement dwellings and there is no definition of 'smaller' dwellings provided. Officers consider in this case that the existing dwelling would not, in any event, represent a 'smaller' dwelling, having regard to the criteria for small dwellings set out in Policy H12 of the CDLP:FR, which forms part of the same development plan for this part of Chichester District.

8.3 The ridge is proposed to be 7m in height and the eaves would vary in height, between 2.15m to 3.5m. The length of the property would be 20 metres (a reduction of 14 metre from that of the existing) and the depth would measure between 8m and 13m. The chalet style bungalow would provide first floor accommodation within the roof space, which would limit the height, scale and bulk of the property. Although the depth and height would represent an increase in size from the existing, this would not be harmful to the rural character and appearance of the area. The modest pitched roof dormers would not result in excessive bulk and are of a design and size that would be sympathetic to the rural setting.

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8.4 Policy BE11 of the CDLP:FR requires development proposals to be considered in relation to their: - effect on the local environment; the intrinsic merit of the design, scale, materials, siting and layout; the relationship with neighbouring development, and its setting within the landscape. Paragraph 109 of the NPPF requires that 'The planning system should contribute to and enhance the natural and local environment by protecting and enhancing valued landscapes...'. In this instance the design, scale, materials, siting and layout would not adversely affect or have a harmful impact upon the local environment.

8.5 Saved policy RE5 of the CDLP:FR refers to the special quality of the landscape and settlement patterns to the northeast part of the district and its capability to warrant special protection. Stating that 'development will only be permitted where the siting and design of the buildings and additional traffic generated or off site highway movements required would not be detrimental to the area's landscape, character or historic features. The additional traffic generation as a result of the larger dwelling would be modest and would not have a significant impact on the character of the area. The proposed dwelling, although larger than the existing, is designed with a lower eaves and ridge height than a traditional two storey house which would reduce the impact of the form within the open countryside and would not adversely affect the character of this specially protected landscape.

ii) Impact on neighbouring amenities

8.6 There are a number of residential properties positioned to the north, east and west of the proposed house, however these are for the most part separated by fields and open countryside. The property to the west (Filliams) does share a residential boundary with the site, however a distance of over 45 metres would separate the closest neighbouring building and the proposed dwelling. The proposed development is designed, distanced and orientated so as not to have an unacceptable impact on the amenities of neighbouring properties.

8.7 Concerns have been raised by the occupants of Wildacre Farm regarding the potential for a loss of privacy as a result of the proposed dwelling. However the distance separating this dwelling and the proposal would be in excess of 58m which would provide significant separation and would not give rise to an unacceptable loss of privacy.

8.8 The Parish Council have commented that the proposal is contrary to policies DS.1 and DS.2 of the KPNDP. Policy DS.1 sets out criteria for new development on unallocated sites, in respect of an assessment of sustainability, need, rural character of Kirdford, scale, design and layout and infrastructure provision. This proposal involves the one for one replacement of an existing residential plot and the principle of a dwelling is therefore acceptable. Whilst it is not considered that the policy directly relates to replacement dwellings, the need to replace the property is apparent by its disused and uninhabitable state and the design, scale and layout would respect the rural character of the area.

8.9 Policy DS.2 encourages proposal to meet appropriate standards of design, construction, layout and local distinctiveness as set out with Kirdford Village Design Statement. The proposal is considered domestic in scale and sensitive to the rural setting. External finish materials and a landscaping scheme would be secured by appropriate conditions.

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iii) Highway safety

8.10 The proposal would utilise the existing access which provides for a lawful vehicular entry to the site. The additional traffic generation as a result of the larger dwelling would be modest and would not have a significant impact on the highway network or the character of the area. This part of Plaistow Road is relatively straight, providing good lines of sight from the access for some distance, which are necessary given the 60mph speed limit of this country road. Parking and turning would be available within the site and a condition to secure and retain such turning would be necessary. The proposal would not have a detrimental impact on the safety or function of the highway network and is in compliance with policy TR6 of the CLP:FR and policy DS.3 of the KPNDP.

iv) Provision of Internet Connectivity

8.11 Policy DS.4 of the KPNDP requires that new developments provide for a high speed fibre broadband. As a minimum it recommends that ducting be provided to local connection points. The current application is for the replacement of an existing dwelling which will not place a further burden on the internet infrastructure in the village beyond what it could draw now. Whilst the policy does refer to all new development, it would not be reasonable to require this development to make such provision, where it is simply replacing the structure on the land.

v) Code for Sustainable Homes

8.12 Code for sustainable homes level 5 is required by policy DS.5 of the KDPL unless it is considered that to do such would be unviable and undeliverable. The applicant's additional information states that they will ensure that the 84 point requirement of Code level 5 is met. As such a condition would be required to secure details of how this will be attained and a requirement to implement within the development.

vi) Water Management

8.16 The site lies within EA FLZ1 and therefore is not identified as a site at significant risk of flooding and there is no evidence to suggest that there is an issue with surface water drainage on this site. Therefore, it would not be necessary to require Flood Risk Assessment as suggested in policy EM.1 of the KPNDP. However, the application indicates that the surface water will be disposed of to an existing water course. This would be of concern, surface water drainage should be provided through a SUDs drainage system, this may be secured through condition. It is proposed to connect the property to the existing foul main drainage system

8.17 The applicant has also confirmed that 'During the construction process the agricultural pasture will be reinstated. This process will include the clearing out and on-going maintenance of all hedges, ditches and verges plus the continuation of new tree planting'.

vii) Ecology and Protected Species

8.18 Evidence of bats has been found within building three, during a survey in February 2014. However, no further evidence of bats was found within the later June 2014 survey. The Ecologist report states that a NE license will not be required in this instance. The CDC Environment Officer has requested bat boxes and or bricks to be included as an enhancement, alongside bird boxes and native planting. These may be secured by condition.

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8.19 Given the disused nature of this site and the overgrown nature of the land significant clearing would be required and therefore any approval would require timing, hand stripping and mitigation as suggested within the Environment Officer's consultation response. The Environment Officer has also suggested surveys and a mitigation strategy regarding reptiles, which could be included under an appropriate condition.


8.24 Conditions are suggested to require materials to be agreed with the LPA. Permitted Development rights are proposed to be removed in respect of external alterations, extensions, outbuildings, boundary treatments and additional openings. Parking spaces and cycle and bin storage details will also require agreement with the LPA. An appropriate surface water drainage strategy would also be secured by condition prior to any works starting on site. Protected species mitigation and the timing of development would also be necessary, as would details of the measures to reach code level 5. Conclusion

8.25 Based on the above it is considered the proposal complies with the development plan policies and therefore the application is recommended for approval.

Human Rights



1 A01F Time Limit - Full 2 B01G No Departure from Plans 3 U90325 - Materails4 U90326 - landscaping5 K02G Landscaping 6 U90183 - Boundary treatment7 U90317 - Car parking and turnign details8 U90318 - Porous surfaces9 U90182 - Surface water drainage10 U90259 - No surface water to foul11 H01F No Extensions without Approval 12 H02F No Outbuildings without Approval 13 H09F No Walls/Fences without Approval 14 U90261 - Bat roosting details15 U90258 - Hand stripping of roof materials16 U90262 - Reptils17 U90257 - Construction Timings18 U90327 - Bin and cycle storage

INFORMATIVES

1 U90316 - Wildlife

For further information on this application please contact Maria Tomlinson on 01243 534734

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Parish:Hunston

Ward:Sidlesham

6. HN/13/04020/FUL

Proposal Change of use from agricultural barn to automobile repair business.

Site Barn North Of Hunston Dairy Farm Hunston West Sussex

Map Ref (E) 487039 (N) 102436

Applicant Mr Radoslaw Kaminski


NOT TO SCALE


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2.1 The site lies north of the B2166 Pagham Road on land at Grists Farm and is adjacent to Hunston Dairy Farm on the opposite side of the road. It comprises a triangular parcel of land of 0.16 hectares on which there is a steel framed barn of approximately 100sqm clad in profiled metal sheeting. The open yard to the front of this building is generally flat but uneven and laid with a mix of scalpings and road stone. The site is currently in use as a car repair business.

2.2 There is a hedge approximately 3m in height to the east and west boundaries and 12m high coniferous trees at the south apex of the site. Open fields lie beyond the north and east boundaries. A drainage ditch runs alongside the east site boundary. 2m high metal security gates secure the splayed vehicular site access. Environmental Health records show the last authorised use of the site was as an a scrap metal site, licensed by the Environment Agency.

2.3 The site was previously granted consent in 2007 as a scaffolding storage and distribution yard; however this permission was not implemented.

3.0 The Proposal

3.1 The proposal seeks to change the use of the site to a car repair business (B2) employing 2 no. full time and 2 no. part time staff. The application for change of use is retrospective with both the metal barn and the yard area being used for car repairs and the storage of vehicles.

4.0 History

07/04502/COU PER Change of use of agricultural barn and yard to scaffolding storage and business.

5.0 Constraints

Listed Building NOConservation Area NORural Area YESAONB NOStrategic Gap YESTree Preservation Order NOSouth Downs National Park NO- Flood Zone 2 NO- Flood Zone 3 NOHistoric Parks and Gardens NO

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Parish Council

North Mundham Parish Council has resolved to OBJECT to this application. There are a number of issues and anomalies in the application which give the Council cause for concern.

From the application form and the supporting documentation, it is not clear whether this application relates to the building alone, or whether it includes the substantial yard area between the building and the B2166. The colouring of the boundary of the site on the location plan is indistinct, but appears to embrace the building and the yard area. However the floor plan and elevations are of the building alone, and the letter from the owner, Mrs Bell, to the Enforcement Office implies that the applicant has an agreement to carry on a business which is limited to the building. But it is clear to the most casual observer that the business is having a much wider impact which includes most of the yard area.

The Council is concerned that the application form, as submitted, significantly understates the impact of the business and its effect on the site. Section 10 of the form suggests that the use of the site will involve just two existing parking spaces. However, observation has shown the site is housing the semi-trailer portion of an articulated truck, four vans and over 50 cars in various states of repair, and these numbers are typical of the site in recent weeks. Many of these vehicles show little prospect of being roadworthy and the site is rapidly taking on the appearance of a scrapyard.

In the light of the above it is worrying that the application form, in Section 16, suggests that there is no need to make provision for the disposal of trade effluent or waste. As well as the vehicles on site which may never achieve a roadworthy state, there is a pile of used tyres. There is no mention of how these will be disposed of, nor is there any reference to the disposal of waste oil or the safe storage of any fuel in vehicle tanks.

Section 19 of the form indicates that at least two people are employed on site with plans for a third, but section 11 of the form states that there is as yet no arrangement for the disposal of foul sewage.

Section 20 states that the hours of work are to be limited to Monday to Friday, but the business advertising board to the front of the building indicates that the business is open on Saturdays as well.

Section 24 of the application is confusing since the applicant has signed both Section A as the owner of the building, and also Section B to advise that a notice has been served on the owner, except that the form then states that a notice has not been served. One of these two statements must be incorrect.

From the application form, and from observation, the Council has been led to conclude that the application is for a substantial car repair business, which it believes is an inappropriate use of the site, for a number of reasons:

A business of this nature is bound to generate a significant amount of site traffic. Access to the site is via a gateway with poor sight-lines, particularly in respect of traffic approaching from the east. The gateway is close to a blind bend, and even if the hedges were cut back or re-aligned the hazard would still exist.

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It is clear that no consideration has been given to the proper disposal of waste, and the risk of pollution from waste oil and other materials, not the fire hazards implicit in storing scrap tyres and any fuel left in large numbers of vehicles in a poor state of repair.

The site is rapidly becoming unsightly, and it is difficult to see how this could be mitigated without substantial additional planting.

The Council believes that the business being carried on at this site amounts to little more than a scrapyard, and submits that this is an inappropriate re-use of an agricultural building in this location.

WSCC Local Development Division

The application form submitted indicates that the current proposal would be low intensity with only two full time equivalent staff employed. As such, there is no expectation for the repair business to give rise to any significant increase in use beyond that accepted for the scaffolding storage use.

No highway objection would be raised. Visibility splay condition required.

CDC - Environmental Health Department

This is a small scale proposal however there are residential premises nearby that could be affected by noise from the type of activities that could be associated with such a use. Conditions regarding no panel beating, paint spraying or mechanical car drying operations, hours of use and plant and machinery noise limits are recommended.

Applicant's supporting information

The applicant has submitted a series of plans that indicate the proposed locations within the site of various activities associated with the proposed use, as set out below.

Drawing A - The plan shows that the building will be used as a garage workshop with a third of the building being used for tyre storage.

Drawing B - Indicates the position of a portacabin.

Drawing C - Indicates the position of 2 portaloos alongside the main building.

Drawings D and - Indicates the position of the visitor and staff parking adjacent to the south west boundary of the site

Drawing F - Indicates position of 2 containers for tools and safety equipment.

Drawing G - Indicates the clear area for vehicles to manoeuvre.

Drawing H - Indicates the storage area for commercial vehicles and breakdown.

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7.0 Planning Policy

7.1 Planning Policy


7.2 The Development Plan for Chichester District comprises the saved policies of the Chichester District Local Plan First Review 1999.



RE1 Rural Area GenerallyRE6 Strategic GapsRE12 Rural DiversificationRE14 Conversions in the Rural AreaTR6 Highway Safety



Policy 1: Presumption in Favour of Sustainable DevelopmentPolicy 2: Development Strategy and Settlement HierarchyPolicy 3: The Economy and Employment ProvisionPolicy 8: Transport and AccessibilityPolicy 45: Development in the CountrysidePolicy 46: Alterations, Change of Use and/or Re-use of Existing Buildings in the Countryside


7.5 Government planning policy now comprises the National Planning Policy Framework (NPPF), paragraph 14 of which states:At the heart of the NPPF is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking:

For decision-taking this means unless material considerations indicate otherwise:- Approving development proposals that accord with the development plan without delay; and- Where the development plan is absent, silent or relevant policies are out-of-date, granting planning permission unless any adverse impacts of doing so would significantly or demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or specific policies in (the) Framework indicate development should be restricted.

7.6 Consideration should also be given to paragraph 17 (Core Planning Principles), 7-13 (achieving sustainable development), 28 (supporting a prosperous rural economy), 120-125 (conserving and enhancing the natural environment).

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8.1 The main issues arising from this proposal are: i) Principle of Developmentii) Visual impact,iii) Highway safety, andiv) Impact on the amenities of neighbouring residential occupiers.

Assessment

Principle of Development

8.2 The principle of re-using rural buildings for commercial purposes is supported at the local level by policy RE14 of the Local Plan. RE14 defines the criteria which need to be met in this respect. In terms of this application the use is considered to meet the relevant criteria.

Visual Impact

8.3 The site is well screened from wider public views by the hedge to the road side boundary of the site. A condition requiring the retention and strengthening of the landscaping would offer an improvement to this screening The unrestricted open storage of vehicle parts, tyres and scrap etc on the site has the potential to cause harm to the visual amenity of the surroundings although though these surroundings are not subject to any protected environmental or amenity status. A condition restricting the storage of waste materials, including cars. vehicle parts, tyres and other waster products, to specific areas to be agreed in writing would stop any spread of materials or encroachment to the extremities of the site. When considered against the former use of the site as a licensed scrap metal site and approved use as a scaffolding distribution yard it is considered that the use of the site for a car repair business on visual grounds is acceptable.

8.4 Additional plans (as set out in Section 6.0 of this report) have been submitted to demonstrate where particular activities and structures are located within the site. The plans demonstrate that the tyre storage would take place within the building and any commercial vehicles would be retained at the southern end of the site which is well screened by the mature vegetation to the boundaries. In addition, the plans demonstrate an adequate level of parking provision for staff and customers and that toilet facilities along with office/rest facilities are proposed within the site through the use of a portacabin and portaloos. It is considered that the information submitted adequately demonstrates how the site will operate as a car repair business, and a condition is recommended to ensure that the site is only used for car repairs.

Highway Safety

8.5 Highways comments are awaited with regard to the current application. However the view of WSCC Highways has been consistent in its previous consultation responses on this site, in that there was no objection to the proposals subject to adequate sight lines being provided at the site access. These sight lines can be provided on land within the control of either WSCC or the applicant.

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8.6 The previous application approved for the scaffolding yard estimated 12 vehicle movements to the site per day of large vehicles. In the case of this application the majority of vehicular movements would involve private cars, the scale of which the applicant estimates traffic movements of less than 10 per day. In terms of providing the visibility splays, it is envisaged that there will have to be some trimming back of the roadside hedgerow to the south of the access. The retention of an unbroken hedge line along the road frontage to screen the site is considered to be an important part of the development and a condition, requiring hedgerow re-planting behind the splay if necessary, is therefore proposed.

Impact on the amenities of neighbouring residential occupiers

8.7 In terms of the potential impact on residential amenity, the building and yard are remotely located. Hunston Dairy Farm on the other side of the B2166 is the nearest residential property, in order to protect the residential amenities of this property appropriate noise attenuation measures to meet the requirements of Environmental Health may be sought through conditions for all plant, machinery and equipment. There are no recorded complaints regarding noise or pollution as a result of the current operation of the site in the Council's records.

Other Matters

8.8 The Parish Council have raised a number of concerns regarding the details of the application and irregularities regarding the application form regarding ownership certificates. Regarding the notification of the owner of the site, this issue has been addressed and the owner of the site aware of the proposal.

8.9 In conclusion , it is considered that the use, which has been in existence for approximately 12 months, is acceptable in principle in that it does not result in harm to the visual amenities of the area, neighbour amenities or highway safety and as such details of the disposal of foul and trade waste can be secured by condition.


8.10 Conditions regarding the retention of the hedgerow and visibility splays are proposed, as well as requiring details of storage of waste materials to be submitted for agreement, and disposal of foul and trade waste. A condition restricting hours of operation from 8am until 6pm Monday to Friday is also proposed, in line with the hours of operation stated in the application form. Conclusion

Based on the above it is considered the proposal complies with development plan policies and therefore the application is recommended for approval.

Human Rights


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1 A01F Time Limit - Full 2 B01G No Departure from Plans 3 U86080 - Use4 U86081 - External Lighting5 U86167 - Visibility Splays6 U86083 - Retention of Hedge7 U86084 - Use8 U86085 - Hours of Operation9 U86092 - Storage of Waste Material10 E18F Noise Control Machinery 11 U86091 - Foul Sewage Disposal12 U90061 - Parking/Turning

INFORMATIVES

1 W44F Application Approved Without Amendment 2 W18G Written approval for detailed matters

For further information on this application please contact Fjola Stevens on 01243 534734

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Parish:East Wittering And Bracklesham

Ward:East Wittering

7. EWB/13/01977/FUL

Proposal 4 no. dwellings and associated works.

Site Martlets Peerley Road East Wittering Chichester PO20 8DW

Map Ref (E) 480066 (N) 96748

Applicant The F G Woodger Trust

RECOMMENDATION TO PERMIT WITH S106

NOT TO SCALE


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An alternative recommendation to the resolution by the Planning Committee on 23rd July 2014 is now proposed.

2.0 The Site and SurroundingsThe application site lies on the southern boundary of Peerley Road, a residential street to the south east of East Wittering centre within the Settlement Policy Area (SPA). The site is currently occupied by a 2 storey detached dwellinghouse with garden land to the east and west. The dwelling is brick built with plain tiled roof and single storey flat roof extensions to each side. Surrounding properties include a mix of bungalows, many of which are chalet style, and some 2 storey dwellings. The site is laid to grass and is currently bounded by wire fencing adjacent to the street with close boarded fencing and breeze block walls to the side and rear. There is some planting around the edge of the site, but there are no notable trees within it.

3.0 The Proposal This application was considered by the Planning Committee at its meeting on 23rd July 2014. The recommendation was to grant planning permission for four dwelling subject to a Section 106 Agreement (S.106) to ensure the development was made available to those with a local connection in perpetuity. The applicant has now advised that it is not in a position to make such a commitment and the recommendation is therefore amended to secure occupation of the dwellings to persons with a local connection for a minimum of 5 years via a S. 106 agreement.

4.0 History

09/03909/OUT REF Demolition of existing house and erection of 5 no. detached dwellings.

5.0 Constraints

Listed Building NOConservation Area NORural Area NOAONB NOStrategic Gap NOTree Preservation Order NOSouth Downs National Park NO- Flood Zone 2 YES- Flood Zone 3 YESHistoric Parks and Gardens NO

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Parish CouncilNo objection. Comments from the Environment Agency and Southern Water, including any recommendations, must be taken into account by CDC before a decision is reached, as this area is prone to flooding.

Environment Agency17/07/13 Comments provided are based on the understanding that the Local Planning Authority (LPA) is satisfied that the sequential test has adequately demonstrated compliance with the requirements of the NPPF. The aim of the sequential test is to steer new development to areas with the lowest probability of flooding.

No objection subject to condition requiring development to be carried out in accordance with mitigation measures set out in approved Flood Risk Assessment, including flood proofing measures and floor levels to be no less than 4.6m above AOD.

Information submitted with the application does not demonstrate that soakaways can be utilised, however this is a matter for Building Control.

Southern Water Services2/09/13 Condition requested requiring details of the proposed SuDs, including long term maintenance of the SuDs.

18/07/13 No objection. Informative requested regarding connection to the public foul sewer. There is no surface water sewer in the area to serve the development, alternative means of draining surface water required. Surface water must not be drained to the public foul sewer.

WSCC - Strategic PlanningNo objections. Recommend conditions to secure proposed parking provision, cycle parking provision and to ensure surface water does not drain onto the highway. Also request information regarding the need for a licence for carrying out works to the accesses.

CDC-Planning PolicyThere is a presumption in favour of development within the Settlement Policy Area. Site was identified in the SHLAA 2010 for 6 properties based on demolition of existing house. Principle is acceptable however the applicant has not submitted a sequential test.

CDC - Housing Enabling ManagerThere is a greater need for 2 and 3 bed properties which are more affordable to local people. However the properties will be rented out to local people at reduced rent. No objection on this basis. Request a planning condition or legal agreement to ensure such lettings.

CDC - Drainage EngineerParts of the proposal fall within flood zone 2 and 3. Development should therefore be subject to a sequential test in accordance with the NPPF. The proposal will also displace flood waters which could result in increased risk of flooding elsewhere.

The Flood Risk Assessment (FRA) correctly identifies the land levels will be susceptible to future tidal flood risk, the raising of floor levels above the 2115 1 in 200 year event would be an acceptable mitigation for this.

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Main sewer surface water disposal as proposed is unacceptable. Development must demonstrate that soakaways, then discharge to watercourse are not possible. Condition requiring the submission of a surface water drainage scheme prior to commencement of development requested in the event planning permission is granted.

CDC - Environment Officer27/09/13 Following the submission of a revised reptile survey "Revised report on reptiles and other protected species" undertaken in Sept 2013 recommend a condition is imposed to ensure mitigation takes place. Vegetation clearance should take place outside of nesting season.

05/09/13 A reptile survey has been submitted however this does not address other protected species that may be affected by development on the site. A phase 1 habitat survey is required.

25/07/13 Phase 1 habitat survey required. Proposed sustainable construction and on-site renewable energy proposals are acceptable and should be the subject of a condition.

2 Third Party Objections- Dwelling on plot 1 is beyond the building line in Charlmead- Plots 3 and 4 dwellings are too high- Concern about capacity of foul sewer- Houses don't respect adjoining bungalows- Overlooking- Houses will be intrusive and unneighbourly- Need is for bungalows

Applicant/Agent's Supporting InformationA meeting with the applicant has revealed further supporting information which weighs in favour of granting permission subject to a S106 securing a limited term in which properties would be required to be made available only to local people. A written update of this information is awaited.

7.0 Planning Policy




Chichester District Local Plan First Review 1999:BE1 Settlement Policy AreasBE11 New DevelopmentBE13 Town CrammingBE14 Wildlife Habitat, Trees, Hedges and Other Landscape FeaturesBE16 Energy ConservationTR6 Highway SafetyH8 Social and Low Cost Housing in Settlement Policy Areas

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Policy 1: Presumption in Favour of Sustainable DevelopmentPolicy 2: Development Strategy and Settlement HierarchyPolicy 4: Housing ProvisionPolicy 8: Transport and Accessibility Policy 33: New Residential DevelopmentPolicy 34: Affordable Housing Policy 39: Transport, Accessibility and Parking Policy 40: Carbon Reduction Policy Policy 42: Flood RiskPolicy 49: Biodiversity Policy 50: Development and Disturbance of Birds in Chichester and Langstone Harbours Special Protection Areas

National Policy and Guidance7.4 Government planning policy now comprises the National Planning Policy Framework (NPPF), paragraph 14 of which states:At the heart of the NPPF is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking:For decision-taking this means unless material considerations indicate otherwise:- Approving development proposals that accord with the development plan without delay; and- Where the development plan is absent, silent or relevant policies are out-of-date, granting planning permission unless any adverse impacts of doing so would significantly or demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or specific policies in (the) Framework indicate development should be restricted.

7.5 Consideration should also be given to paragraph 17 (Core Planning Principles), Policy 4 (Promoting sustainable transport), Policy 6 (Delivering a wide choice of high quality homes), Policy 7 (Requiring good design), Policy 10 (Meeting the challenge of climate change) and Policy 11 (Conserving and enhancing the natural environment).

7.6 The government's New Homes Bonus (NHB) which was set up in response to historically low levels of housebuilding, aims to reward local authorities who grant planning permissions for new housing. Through the NHB the government will match the additional council tax raised by each council for each new house built for each of the six years after that house is built. As a result, councils will receive an automatic, six-year, 100 per cent increase in the amount of revenue derived from each new house built in their area. It follows that by allowing more homes to be built in their area local councils will receive more money to pay for the increased services that will be required, to hold down council tax. The NHB is intended to be an incentive for local government and local people, to encourage rather than resist, new housing of types and in places that are sensitive to local concerns and with which local communities are, therefore, content. Section 143 of the Localism Act which amends S.70 of the Town and Country Planning Act makes certain financial considerations such as the NHB, material considerations in the determination of planning applications for new housing. The amount of weight to be attached to the NHB will be at the discretion of the decision taker

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when carrying out the final balancing exercise along with the other material considerations relevant to that application.



Interim Statement on Development and Disturbance of Birds in Chichester and Langstone Harbours


B1: Managing a changing environmentB2: Greener livingB3: Environmental ResourcesC3: A culturally enriched and empowered communityD1: Increasing housing supplyD2: Vibrant, safe and clean neighbourhoodsD3: Housing fit for purposeD4: Understanding and meeting community needsE1: Traffic management in the district will improve so as to reduce congestion


Sequential Assessment

8.1 The western part of the application site lies within flood zones 2 and 3. Section 10 of the NPPF requires development to be directed to areas at the lowest risk of flooding, and new development should not increase the risk of flooding elsewhere. Paragraph 103 of the NPPF states that development in areas at risk of flooding should only be considered appropriate where a site-specific flood risk assessment (FRA), which should follow a sequential test, and exception test if necessary, demonstrates that the most vulnerable development is in the areas at lowest risk of flooding and that appropriate flood resilience measures are provided. The proposal should include safe access, and any residual flood risk should be safely managed, including by emergency planning, and the proposal should give priority to the use of sustainable drainage systems (SuDs).

8.2 Detailed flood risk requirements are set out in Policy 42 of the emerging Local Plan. In summary, permission for development within areas at risk of flooding will be granted where;

- the proposal meets the sequential and exception test as set out in the NPPF- a site specific flood risk assessment (FRA) demonstrates that development will be safe

and will not increase risk of flooding elsewhere,- the proposal incorporates specific requirements of the site, protection and resilience and resistance measures appropriate to the area,- also requires new developments to incorporate Sustainable Urban Drainage (SUDs) where possible and lead to a reduction in flood risk,- development would not exacerbate coastal squeeze of any European sites preventing managed realignment that may be required,- the scheme identifies adaptation and mitigation measures,- appropriate flood warning and evacuation plans are in place, and

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- new site drainage systems are designed taking into account events which exceed the normal design standard.

8.3 The supporting information submitted with the application includes a site specific FRA which explains that the majority of the site is at, or below, the 4.5m AOD level for the 1 in 200 year flood event for the year 2115. The FRA demonstrates that resilience and mitigation measures would be incorporated into the scheme to address the flood risk affecting the site. These measures would include; raising the floor levels so that they would be 4.6m AOD, which would be above the 2115 1 in 200 year flood event; constructing the dwellings in accordance with 'Improving the flood performance of new dwellings' (CLG 2007); and registration for the Environment Agency's (EA) Floodline Warnings Direct service.

8.4 The proposed mitigation measures have been accepted as appropriate by the EA and the Council's drainage engineer, however government guidance requires that where possible development should be steered to areas of lowest risk, notwithstanding any mitigation that may be proposed. This is to ensure that development is well planned, even in the event of a failure in the mitigation proposed within the flood risk assessment. A sequential test should form the basis of an assessment of alternative sites on which the development may be accommodated and sensitive development within flood zones 2 & 3 should not normally be permitted where such other alternative sites are suitable and available.

8.5 The previous recommendation to grant planning permission was based on the following;i) the applicant was seeking to provide accommodation for local people who were unable to position themselves on the property market due to the cost of dwellings in the Witterings,ii) the applicant was agreeable to entering into a S106 agreement to control the occupation of the dwellings to people with a local connection, and iii) the applicant demonstrated that there were no alternative sites at lower risk of flooding available in the Witterings to accommodate the proposed development.

Assessment

8.6 The application remains acceptable in respect of design and impact upon visual amenity, impact upon residential amenity, impact upon highways, sustainability and biodiversity. However, since the Planning Committee resolved to grant planning permission Officers have sought to finalise the associated S.106 agreement in the terms agreed by the applicant. The terms of the S.106 agreement in respect of the criteria to meet a local need have been agreed with the Woodger Trust as follows:

The dwellings shall not be occupied other than by people with a local connection; defined as at least one of the following: They currently live in the parish and have done so continually for a minimum of 12

months they are currently permanently employed in the parish and have been so for a

minimum of 12 months and at least 20 hours per week - paid or unpaid. At least one of the adult applicants has a member of family (defined as grandparents,

parents, siblings or children of the applicant) who currently live in the parish and have done so continually for 5 years or more.

These terms accord with the previous resolution of the Committee on the 23rd July 2014.

8.7 The Woodger Trust has now advised however that it is unable to commit the Trust or future trustees to restricted occupancy in perpetuity, in line with the requirement set out in the officer's recommendation at the July Planning Committee meeting. The applicant is therefore unable to sign a S.106 to this effect. The Trust has indicated that it cannot commit to more than 5 years, although following discussions between officers and the Woodger

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Trust, it is considered likely that the properties would be retained as rental properties for local people beyond this period of time. The agent has confirmed that further information regarding this matter will be provided to the Local Planning Authority in advance of the Committee meeting; such information will be included in the update to the Planning Committee.

8.8 The sequential test was accepted by the Council as being met in this case on the basis of a smaller geographical area of search for alternative sites with a lower risk of flooding because there was an accepted need in the local area for affordable rental accommodation. It is considered that a restriction on the occupation of the proposed dwellings for a minimum period of 5 years via the S106 agreement would satisfactorily fulfil the requirement to meet the needs of local people having regard to the likelihood that this would continue after this initial period. Therefore the reduced area of search for alternative sites, as set out in the sequential test is still considered to be acceptable.

Conclusion

Having regard to the FRA which demonstrates the proposal would be safe for occupiers and the nature of the charitable trust that would own and manage the properties it is considered the proposal complies with paragraph 103 of the National Planning Policy Framework and Policy 42 of the emerging Chichester Local Plan: Key Policies Pre-submission 2014-2029. The application is therefore recommended for approval subject to S106 restricting the occupancy of the units to people with a local connection for the first five years following completion of the development, the conditions as set out in the 23rd July 2014 Update Sheet and an additional informative advising the applicant to have regard to the S106.

RECOMMENDATIONPERMIT WITH S106

1 U90054 U90054 - Flood Risk


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Parish:East Wittering And Bracklesham

Ward:East Wittering

8. EWB/14/03556/FUL

Proposal Demolition of existing buildings, erection of supermarket with associated, car park, new access, hard and soft landscaping. Alternative wording of Conditions 6, 7, 10, 11, 12, 14, 15, 16 and 18 of planning permission EWB/13/01493/FUL to allow for the phasing of information submitted for approval.

Site Royal Oak Stocks Lane East Wittering Chichester PO20 8BS

Map Ref (E) 479660 (N) 97170

Applicant The Southern Co-Operative

RECOMMENDATION TO DEFER FOR SECTION 106 THEN PERMIT

NOT TO SCALE


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2.1 The application site is located on the southern side of Stocks Lane at its junction with Cakeham Road and effectively forms the eastern entrance to the commercial part of East Wittering village centre. The broadly flat, 0.35 hectare site currently accommodates an early 20th century public house and attached dog grooming premises together with associated areas of pub garden and car parking (approximately 25 spaces). It is understood that the public house closed at the beginning of 2014 and that the dog grooming premises is now also vacant.

3.0 The Proposal

3.1 At its January 8th 2014 meeting the Planning Committee resolved to grant planning permission for a development involving the demolition of all buildings on the site followed by the erection of a supermarket with associated car parking and landscaping. The application also proposed the remodelling of the Cakeham Road-Stocks Lane junction. The planning permission was issued 30th January 2014 following completion of a legal agreement securing various financial contributions and a scheme of highway works (EWB/13/01493/FUL refers).

3.2 The permission was subject to a number of planning conditions requiring the submission of various details for approval. The majority of these conditions require the submission and approval of such details prior to the commencement of the development. Where these conditions also require the carrying out of physical works, the latest point for completing them varies depending on their nature; for example, the formation of the new access into the car park is required to be completed prior to commencement of the development whereas the approved surface water scheme must be completed prior to first use.

3.3 Planning permission is now sought under Section 73 of the Planning Act (as amended) to vary a number of the above planning conditions. The nature of the proposed changes is set out in detail in Section 8 of the report below but, in general terms, the applicant is seeking to reduce the number of pre-commencement conditions and to allow details to be agreed at a later stage in the development process, for example prior to commencement of the erection of the superstructure of the building or before its first use.

3.4 It should be noted that following negotiations the proposal has been amended, with a number of the trigger changes proposed by the applicant being moved to an earlier point in the development process. The Parish Council has been consulted with regard to the proposed changes and should further comments be received they will be reported to the Committee.

3.5 Members should be aware that despite the applicant seeking to vary (amongst others) the conditions in respect of materials and landscaping, details in respect of these matters have in fact already been submitted and are currently under consideration (EWB/14/03866/DOC refers).

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4.0 History

13/01493/FUL PER106 Demolition of existing buildings, erection of supermarket with associated, car park, new access, hard and soft landscaping.

14/03866/DOC PCO Discharge of conditions relating to EWB/13/01493/FUL, conditions 6 and 7.

5.0 Constraints

Listed Building NOConservation Area NORural Area NOAONB NOStrategic Gap NOTree Preservation Order NOSouth Downs National Park NOSFRA Flood Zone- Flood Zone 2 NO- Flood Zone 3 NOHistoric Parks and Gardens NO


6.1 Parish CouncilThe conditions should stand as there has been ample time for the applicant to put into place all necessary actions prior to commencement of works.


No highways objection

6.3 CDC - Environmental Health Officer (contamination)

No objections


No objections

6.5 3 Third Party Objection

Original decision to grant planning permission was a bad one; the applicant has had sufficient time to submit the required information; the supermarket will have a negative impact on the village centre; delaying approval of details leaves the process liable to abuse; the application was railroaded through in the first instance and the conditions shouldn't be altered.

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6.6 1 Third Party Support

The new supermarket will be a boon to the area.

6.7 Applicant's/Agent's Supporting InformationThe current application does not in any way change the form of the development permitted under planning permission EWB/13/01493/FUL in January 2014. The purpose of the current application is to provide Southern Co-operative with a level of flexibility in relation to the submission of information required pursuant to planning conditions.

No change is proposed to the nature of the information required to be submitted pursuant to the planning conditions or to the level of detail required. The application seeks simply to alter the 'triggers' for the timing of some submissions. Under the terms of planning permission EWB/13/01493/FUL there are 10 planning conditions which require information to be submitted for approval, and approved in writing by the local planning authority, before any work, including demolition of existing buildings can take place.

The current application seeks to allow some information to be submitted and approved later in the development process. By way of example, Condition 10 currently requires that details of lighting for the car park and external areas shall be submitted and approved before any development can commence. Variation of this requirement is sought to allow demolition of the existing buildings and groundwork for the new store to be undertaken, but to prevent any work on the superstructure of the store building being undertaken, before the details of external lighting are approved. There will be no practical difference to the process or the outcome in that details of lighting will still be submitted for approval, considered by the planning authority and (ultimately) approved well before the building or the car park are constructed or brought into use.

Work is progressing on developing and compiling all the information required to be submitted pursuant to the various conditions, and information has already been submitted to discharge a number of conditions.

Southern Co-operative is committed to providing an improved local supermarket for the village and intends that the new store should be completed summer 2015. Allowing some flexibility in the timing of matters to be approved pursuant to planning conditions will assist by:

- Allowing earlier appointment of a contractor and earlier commencement of development; - Reducing the period during which the existing buildings remain unoccupied; - Reducing potential disruption during the summer period when traffic and activity within the village are generally busier due to tourism.

The proposed amendments to the terms of the planning conditions meet the regulatory requirements for planning conditions and are consistent with national planning practice guidance. In these circumstances Southern Co-operative very much hopes that the revised conditions, which have been arrived at in discussion with Planning Officers can be approved

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7.0 Planning Policy

7.1 As referred to above, the application seeks to vary the terms of a number of the extant planning permission's conditions, but only in respect of the timing of the submission of details for approval and the subsequent carrying out of the works so approved. In view of the narrowly focused nature of the application, the policies of the development plan are of limited relevance to its consideration. However, both the National Planning Policy Framework (paras 203 and 206) and the National Planning Practice Guidance (5 dedicated paragraphs under its 'Use of Planning Conditions' section) contain policy and guidance regarding the approach that should be taken in respect of planning conditions, including proposals to modify them following the grant of permission.


Policy/guidance context

8.1 The NPPF policies referred to in Section 7.1 above set out the following six tests that all planning conditions should comply with; they should be 'necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects'.

8.2 The NPG, which was published after the grant of permission for the development, provides further guidance on the imposition, discharge and modification of planning conditions, including detailed advice on how the six tests should be applied.

8.3 With regard to pre-commencement conditions, the NPG states that these should be used with care: 'Such conditions should only be used where the local planning authority is satisfied that the requirements of the condition (including the timing of compliance) are so fundamental to the development permitted that it would have been otherwise necessary to refuse the whole permission'.

8.4 With regard to applications to modify planning conditions the NPG states 'the local planning authority must only consider the disputed condition/s that are the subject of the application - it is not a complete re-consideration of the application...'

8.5 The above policy and guidance is reflective of the Government's recent drive to reduce what is seen as the burden placed on developers by unnecessary or unduly restrictive planning conditions. In this regard the NPG now advises that, where possible, LPAs should discuss proposed conditions with applicants prior to determination. Members may also be aware that the Government has recently announced its intention to introduce legislation that, with respect to applications to discharge planning conditions, would, in certain circumstances, provide developers with a default approval where a LPA fails to discharge a condition within a prescribed period.

8.6 It is against this backdrop that the applicant's request to modify the planning conditions should be considered. Each of the relevant conditions is discussed below.

Assessment

Condition 6 (of EWB/13/01493/FUL) - Submission and approval of materials

8.7 As with all of the conditions subject to this application, the original condition requires the submission and approval of these details prior to commencement of the development.

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8.8 The proposal is that such details could be submitted and approved prior to construction of any part of the superstructure the building, where the term 'superstructure' would be interpreted using its normal meaning as any part of a building above its foundations.

8.9 The proposed change would allow demolition and other preparatory works to be carried out before submission of these details. The proposed amended condition is considered both reasonable and enforceable and can, therefore, be supported.

Condition 7 - Soft and hard landscaping works

8.10 The applicant initially proposed that the condition be amended so as to allow these details to be submitted prior to first occupation of the building. However, following negotiation it is now proposed that these details would be submitted and approved prior to construction of any part of the superstructure the building.

8.11 For the same reasons set out in paragraph 8.9 above the proposed amendment is considered acceptable.

8.12 As referred to in paragraph 3.5 above it should be noted that details in respect of both conditions 6 and 7 have in fact already been submitted for consideration.

Conditions 10 and 15 - External Lighting scheme and measures to prevent out-of-hours access to the car park

8.13 The applicant initially proposed that the condition be amended so as to allow these details to be submitted prior to first occupation of the building. However, following negotiation it is now proposed that these details would be submitted and approved prior to construction of any part of the superstructure the building.

8.14 It is acceptable for details of these relatively minor works to be considered at the above stage of the development.

Condition 11 - Surface water disposal scheme

8.15 The proposal is that the condition would be amended such that demolition and site clearance could take prior to the submission of these details.

8.16 The site is not within a flood zone, but it is situated adjacent to Flood Zone 2 and there is understood to be a history of surface water collecting on the carriageway in the vicinity of the Cakeham Road-Stocks Lane junction. Accordingly, whilst the applicant originally sought to submit these details at a later stage in the development, it is considered important that this matter is resolved prior to any post demolition works taken place. For Members' information it is understood that winter ground water percolation tests have already been carried out in order to inform the surface water strategy.

Condition 12 - Timing of the provision of vehicular access onto Cakeham Road

8.17 The original condition requires the approved access works to be carried out prior to commencement of the development.

8.18 The proposal is that the access should now be provided prior to first use of the development.

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8.19 There is no objection to the principle of the access being provided at the end point of the development. It is accepted that provision of the completed access with final surfacing at an earlier stage could result in damage to the access during the development's construction phase, and it is also noted that the (separate legal) process of gaining consent for connection to the public highway will take some time.

8.20 Safe access during the construction phase of the development can be secured as part of the Construction Management Plan, and the Highway Authority has raised no objection on this basis.

Conditions 14 and 16 - Proposed site levels and contamination remediation

8.21 The proposal is that these conditions would be amended such that demolition and site clearance could take prior to the submission of these details.

8.22 There is no reason why this information could not be submitted at the above stage in the development process and the relevant consultees have not raised any objections.

Condition 18 - Delivery and Service Management Plan

8.23 The proposal is that these details would be submitted and approved prior to construction of any part of the superstructure of the building.

8.24 The purpose of the Plan is to provide details of, amongst other things, external waste storage and the provision of a receptacle for the early morning newspaper delivery, alongside site-management practices designed to minimise the potential impact of the proposed use on nearby occupiers. Whilst this may involve some physical works, these are likely to be of a minor nature and the proposed change to the timing of the submission and approval of these details is, therefore, considered acceptable. Conclusion

8.25 The Parish Council's concerns about the principle of delaying the submission of information in respect of a number of the planning permission's original conditions are acknowledged, and in this respect negotiation has resulted in a number of the proposed trigger changes being brought forward in the development process. In view of these changes to the proposal, and mindful of the Government's policy requirements in respect of planning conditions, the proposed changes to the extant planning permission's conditions are considered acceptable.

8.26 Consent would result in a new planning permission which a developer could choose to implement as an alternative to the original permission. Accordingly, in the event of permission being granted it will be necessary to vary the Section 106 legal agreement attached to the original permission (see paragraph 3.1 above) so as to ensure it applies to both planning permissions. No changes are proposed to the agreement's obligations themselves. This is reflected in the recommendation below.

Human Rights


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RECOMMENDATIONDEFER FOR SECTION 106 THEN PERMIT

1 U90168 - implementation2 U90144 - decision plans3 U90145 - Use Class A1 only4 U90146 - GI Sales Area limit5 U90147 - pd rights removal - extensions/mezzanine6 U90148 - materials7 U90149 - landscaping - details including POS8 U90150 - landscaping - implementation9 U90151 - landscape management plan10 U90152 - external lighting11 U90153 - surface water disposal12 U90154 - access and splay provision/maintenance13 U90155 - car/cycle parking14 U90156 - levels15 U90157 - access to car park16 U90169 - contamination17 U90158 - operating hours18 U90159 - Delivery and Servicing Management Plan19 U90160 - delivery/waste removal hours20 U90161 - noise - max levels21 U90162 - noise - insulation of plant22 U90163 - fencing23 U90164 - construction/delivery hours24 U90165 - Construction Method Statement25 U90166 - climate change

INFORMATIVES

1 W45F Application Approved Following Revisions 2 W04F Need for separate Advertisement Consent 3 W02F S.106 Agreement

For further information on this application please contact Steve Harris on 01243 534734

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Parish:Chidham & Hambrook

Ward:Bosham

9. CH/14/01354/FUL

Proposal Mixed use development comprising 5 no. 3 bedroom houses and 1 no. 4 bedroom house, 1 no. A1 (retail) unit with 3 no. 2 bedroom flats above, access, landscaping and ancillary works.

Site Chidham Garage & Service Station Main Road Chidham Chichester PO18 8TP

Map Ref (E) 478986 (N) 105356

Applicant 77 Property Ltd


NOT TO SCALE


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The recommendation is contrary to the Chichester District Local Plan saved policies.


2.1 The application site is located on the south side of the A259 (Main Road) between Nutbourne and Chidham and comprises a former fuel station and shop. It is located 200m to the east and outside of the Nutbourne Settlement Policy Area boundary as set out in the 1999 Local Plan. The site lies within the Chichester Harbour AONB and the Chichester to Emsworth Strategic Gap. The site is 0.3ha in size and is considered to be previously developed land.

2.2 The site currently contains the remains of the fuel pumps and service/shop, the latter of which is used for a picture framing business. To the west of this building is a small temporary office and w/c; to the east a car wash; and to the south a vehicle workshop. The rear (southern part) of the site contains a large workshop, a caravan, a mobile home and ancillary structures. The site is predominantly surfaced with concrete, with the remainder covered with gravel and overgrown. The current commercial floorspace is approx. 180sqm.

2.3 The site has retained its dual entrance/exits onto the A259, where there are continuous footways, a signal controlled pedestrian crossing and a marked cycle route. The northern boundary is marked with a low brick wall, the west with a low timber post and rail fence and scrub planting, the south a more established planting belt with medium sized trees and large hedging plants, and the east, a mix of 1.8m close boarded fencing and part evergreen hedging approx 2.5m tall.

2.4 The area is characterised by residential development to the east and west with a plant nursery to the south west, accessed by a narrow drive adjacent to the site's western boundary. The residential development is spacious in pattern with large plots and clear distances between the buildings. The buildings have strong gable features fronting the road, and are either brick or rendered. There is agricultural land to the north and south.

2.5 There are a number of local facilities within walking distance of the site, including Chidham primary school (c.650m) and village hall (c.250m), the Barleycorn pub (c. 250m), Nutbourne rail station (c. 650m) and bus stops (c. 200m). The nearest convenience store/post office is in Hambrook (c. 1.3km).

3.0 The Proposal

3.1 A mixed use development is proposed, comprising 9no. dwellings (6no. houses and 3no. flats) and a retail unit (A1) of approximately 278sqm. This is an increase of around 90sqm commercial floorspace on the existing permanent built floorspace on site.

3.2 The quantum and form of development has been subject to negotiation during the course of the application to address concerns raised by officers and consultees in relation to the amount and type of commercial floorspace, housing mix, dwelling number, layout and design, access and parking. This has resulted in the increase in commercial floorspace to c.278sqm, although this will now be retail floorspace only, rather than the c.188sqm of flexible A1 (retail) and B1 (office) accommodation that formed part of the original submission. The site also now offers a broader range of residential accommodation, with 2 bed flats, and 3 and 4 bed houses.

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3.3 Firstly, the commercial part of the site will be located to the north east and comprise a single A1 retail store of around 278sqm to include ancillary office, storage and staff welfare. A delivery bay is located adjacent to the western wall, sufficient for a 10.7m articulated vehicle. The service yard will be to the rear of this and will be enclosed with a 1.8m brick wall. This area will include the plant and equipment for the store and the delivery entrance. 10 customer parking spaces including 1 disabled bay are proposed to the front (north) of the store, alongside cycle and motorcycle parking and a trolley area.

3.4 The residential element of the development comprises 3no 2 bed flats above the shop and 6no. 3 and 4 bed dwellings; two houses would be provided along the road frontage and four are grouped to the rear fronting a central spine road. One of the flats above the shop will be available for shared ownership, with the residual 0.8 affordable dwelling to total the required 20% provided as a commuted sum. The flats will be accessed from a door in the western wall of the building, separate from the retail customer and delivery accesses.

3.5 The existing in/out access arrangement will be removed and a single point of access provided in the centre of the site. This will require the puffin crossing on the A259 to be moved to avoid conflict. The site links directly to existing safe pedestrian and cycle routes. Beyond the retail unit and the rear of units 1 and 2, the spine road will become a shared surface. 21 vehicle parking spaces will be provided for the residential occupants, which includes 6 in garages and car ports and 4 unallocated resident/visitor spaces.

3.6 The site was formerly a fuel garage and initial investigations identify the presence of contamination. The tanks have recently been removed. A full risk assessment and remediation strategy will be required before development proceeds. The details of the surface water drainage strategy will be dependent on contamination results and mitigation as the site lies above a principal aquifer. Foul drainage will discharge to Thornham WwTW.

3.7 The proposed buildings will have a traditional appearance, with the use of bricks, clay tiles, render and slate and some hanging tiles. The houses and single building containing the shop/flats will be two storeys with a maximum ridge height of 8.3m (shop/flats) and 8.5m (dwellings). The dwellings will have a main eaves height of approximately 5m and the shop/flats around 4.5m. Strong gable features which are common in the area will be carried through into the development, particularly for the three buildings fronting Main Road. The siting of these buildings will correspond to the existing building line between the existing dwellings to the east and west fronting Main Road. The retail unit has a large approximately square floor plan of around 278sqm and is set back from the building line with parking to the site frontage. The large footprint allows space above for the three 2 bed flats if a central flat roof is used. A deep catslide roof is proposed to the rear (south). The flats will be served by rooflights to the east and south elevations and a combination of rooflights, windows and dormers to the north and west.

3.8 The existing eastern (fenced) and southern (vegetated) boundaries will be retained, with replacement planting and fencing to the western and northern boundaries. The development allows scope for additional planting within private and communal landscaped areas.

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4.0 History

14/01354/FUL PDE Mixed use development comprising 5 no. 3 bedroom houses and 1 no. 4 bedroom house, 1 no. A1 (retail) unit with 3 no. 2 bedroom flats above, access, landscaping and ancillary works.

5.0 Constraints

Listed Building NOConservation Area NORural Area YESAONB YESStrategic Gap YESTree Preservation Order NOSouth Downs National Park NOSFRA Flood Zone- Flood Zone 2 NO- Flood Zone 3 NOHistoric Parks and Gardens NO


6.1 Chidham and Hambrook Parish Council

Further comments:

In its response dated 18 June 2014, the Parish Council objected to this Application on several grounds of unsustainability. The Council now withdraws its objection for the following reasons:

In its earlier objection, the Parish Council made a positive suggestion, pointing out that "the Parish lacks a shop that provides a range of commodities sufficiently wide for residents to walk or cycle to make their purchases and not feel the need to drive to other shopping facilities. The Council went on to say that such a shop would improve one aspect of sustainability for the Parish". In making its suggestion, the Parish Council noted that the site is a brownfield site.

In the Substitute Plans, the applicant has responded well to the Parish Council's suggestion. The proposal now contains a larger, single Retail Unit to replace the two smaller Units proposed in the original Application.

The proposal now meets the Council's view that "…..an application that incorporates a shop of a viable, but not excessive size, could be a useful way forward for the mutual benefit of the applicant and the people of this Parish and would improve the sustainability aspect of the site".

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Having carefully considered the revised proposal, the Parish Council feels that the improvement in some aspects of sustainability outweighs those aspects of unsustainability that remain.

The Substitute Plans meet the preferences of the community, as expressed through the responses to the Neighbourhood Plan Questionnaire, for small scale development on brownfield sites and also for a Convenience Store in the Parish.

It is the considered view of the Parish Council that the revised proposal would result in a development of net benefit to the Parish as a whole.

The Parish Council therefore now withdraws its objection to the Application.

However, the Parish Council asks that the District Council take careful note of the following important comments.

The District Council should ensure that the access to and egress from the site, together with delivery vehicle turning and parking arrangements, satisfy the requirements of the District Council, County Council and other Statutory Consultees.

The District Council and WSCC Highways should give careful consideration to road safety, with particular regard to the proposed changed position of the Pedestrian Crossing. Children of Nutbourne and Hambrook regularly use the Crossing when walking to and from School.

The District Council should ensure that all east-facing, first floor windows are designed in such a way that the privacy of the adjacent property, including its garden, is respected.

The District Council should give very careful consideration to the opening hours proposed by the Applicant, having regard to the occupants of both the existing adjacent homes and the proposed homes.

The District Council, if it approves the application, should impose a condition that the Retail Unit is built before any of the proposed houses is built.

SUMMARY The Parish Council has no objection to the Revised Proposal shown in the Substitute Plans dated 27 October 2014, but wishes Chichester District Council to take careful note of the important comments made above.

Original comments:

The Parish Council OBJECTS to this Application for the following reasons: The infrastructure is inadequate to support such a development in respect of primary

school places in Chidham Parochial Primary School, provision of local shops and primary care and medical facilities,

The site is remote from local amenities and services, there being few within walkingdistance.

It is unlikely that many journeys will be undertaken by foot due to the associatedtravel times.

The Chichester-Emsworth Cycle Way along the A259 has a 'pinch point' in

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Nutbourne, where the Cycle Way disappears for some distance. This deficiency incycle facilities worries less confident cyclists who do not view cycling westward outof the Parish as a feasible alternative to travelling by car.

Travel by train would help some of the site's residents, but would constitute a pooralternative for day to day activities.

For all of the above reasons the site is in an unsustainable location and the proposal is in direct contravention of the National Planning Policy Framework.

The Parish Council appreciates the care with which the application has been prepared and notes the laudable effort made to provide some local employment via the proposed three commercial/retail units that form part of the application. In addition, the Council is well aware that the site is a brownfield site.

However, this small Parish has been inundated in recent years with applications for housing development. In this year alone, Planning Permission for 48 houses has been granted, a further 56 houses are subject to an ongoing appeal and there are planning applications for a further 58 houses in progress. These development statistics contrast starkly with the 25 houses allocated to the Parish in the District Council's Housing Allocation Numbers.

It is for these reasons that the Parish Council has now adopted the general stance of objection to all applications for housing development, regardless of whether they concern brownfield sites or not.

Nevertheless, the Council wishes to make a positive suggestion. The Parish lacks a shop that provides a range of commodities sufficiently wide for residents to walk or cycle to make their purchases and not feel the need to drive to other shopping facilities. Such a shop would improve one aspect of sustainability for the Parish. The Parish Council therefore encourages the developer to consider rejigging the proposed layout such that the two currently proposed retail units become one unit in the manner of e.g. a Co-op Convenience Store. Clearly, there would need to be consultation with the selected store chain or chains in order to develop this idea. In addition, there would need to be adequate, but not excessive, parking to cater for passing trade and also appropriate access and egress for the shop's delivery vehicle. The latter could be catered for by the two present entrances and would avoid the expense of moving the pedestrian crossing.

The following comments are summarised

6.2 Chichester Harbour Conservancy

Further comments:

No objection to the amended plans, subject to the caveats in terms of safeguarding conditions and contributions towards mitigating recreational disturbance set out in the original response.

Original comments:

The economic, employment and amenity benefits of redevelopment in principle appear to outweigh the disbenefits of developing in the AONB per se. The run of existing development and use of previously developed land are noted.

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Increased built form and width of commercial block in particular at odds with the massing of the existing built form fronting the street. Not so significant a change to warrant objection by the Conservancy. There is potential for landscaping to enhance permeability and biodiversity. Negligible impact on the Strategic Gap. Development here would relieve pressure on more sensitive parts of the AONB.

Overall, no objection is raised subject to the potential for recreational disturbance being mitigated through a planning obligation and the remediation or removal of any remaining underground fuel tank systems before any new building is first occupied.


The site lies on a principal aquifer. Contamination may be present at the site as a result of its historical use(s). Any contamination present may pose a risk to groundwater underlying the site.

Permission could be granted if planning conditions are included as set out (letter dated 17.11.14) Without these conditions, the proposed development on this site poses an unacceptable risk to the environment and the Environment Agency would object.

Advised conditions:1) Full risk assessment including site investigation and remediation strategy including verification plan submitted to and approved before any development takes place2) No occupation until full verification report and long term monitoring arrangements are submitted and approved, and implemented3) Remediation strategy for unsuspected contamination4) SUDs infiltration not permitted unless the relevant parts of the site are demonstrated to be uncontaminated and would not pose a risk to controlled waters5) Piling or other penetrative foundation designs only permitted following specific LPA approval to avoid risk to groundwater6) Full surface water drainage strategy approved before commencement

6.4 Sussex Police

Highway safety

If the existing crossing is moved as outlined in the plan there is likely to be an increased risk of conflict between goods vehicles and pedestrians, particularly those accessing the adjacent nursery. Drivers of such vehicles have limited vision and it is possible for pedestrians to approach such vehicles without being detected by the driver in the vehicles mirrors. A safety auditor should undertake a Stage 1 safety audit which can then be assessed by WSCC Alternatively, if it is at all possible the developer may wish to alter their design so that the crossing is moved away from the nursery entrance, possibly reversing the existing design layout.

Crime prevention

The Design and Access Statement does not include information about how crime prevention objectives have been incorporated into the design and layout.

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The residential development provides good active frontages, with parking to leave the streets unobstructed. Any communal parking is to be naturally observed from active rooms. Advice offered about secure boundary treatments including heights (1.5m solid, 0.3m trellis), restricting unauthorised access to rear gardens and loitering to side elevations, lighting in car ports. Car ports are not suitable for cycle storage.

Retail unit: Late opening hours proposed. Will need designated customer parking and delivery bays. Need to control this arrangement to prevent customer parking in residents' spaces and streets. Advice offered on glazing, alarm systems.


Further comments:

The Designer's Response satisfactorily addresses the concerns raised in the Road Safety Audit. Technical approval will be required.

Delivery and servicing plans, and parking management plans discussed in Mayer Brown's email of 17 November will help address the concerns about parking provision and management. These include prohibiting staff parking on site, and allowing use of the delivery bay when no deliveries are expected.

Original comments:

Modification and more information required

Access: visibility splays of 2.4m x 81.6m in line with Manual for Streets (MfS) for 40mph road. 6m access road, 4.5m kerb radii and extent of adoption shown on plan will require formal approval through S278 agreement with WSCC

Internal layout: 1.5m wide internal footways sufficient and in line with MfS, and 5.4m wide footway outside the retail unit wider than recommended to allow for pedestrian circulation. Tactile paving used in some areas, requirement for more. Service margin locations and widths satisfactory to WSCC. Manual for Streets set minimum dimensions for garages of 3m x 6m if they are to accommodate cycles.

Parking, turning and servicing: Residential: 21 vehicle spaces in line with WSCC maximum parking standards. Swept path diagrams show sufficient space for cars and refuge vehicles. Retail: Spaces of a suitable size (2.4m x 4.8m) with 1 disabled bay. Maximum standard for the proposed use is 19 spaces; 10 have been provided. Expect location will attract high level of passing trade and could result in overspill parking on the S259. Additional parking spaces should be considered. Use of car park for staff parking not known. Loading bay in appropriate location and size.

Relocation of pedestrian crossing: No objection in principle. Needs a Stage 1 Road Safety Audit to take into account local concerns (see also Police comments) and to confirm if the new crossing is in a safe position and designed appropriately. A Traffic Regulation Order (TRO) will be required.

Trip rates, highway safety and capacity: The proposal will generate a net increase in movements of 1 every 4 minutes. No objections to more intensive use, provided car parking provisions are sufficient to avoid overspill and unsafe parking along the A259

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The site is located along the main A259 close to bus stops and on the South Coast cycle route, with a continuous footpath to Nutbourne to the east and Southbourne to the west. One slight collision has been recorded in the immediate area in the last 3 years.

Recommendations:Tactile paving required to direct pedestrians across the car park into the storeAdditional parking spaces for retail unitInformation about staff parkingService management plan to cover deliveriesStage 1 Road Safety Audit for relocated puffin crossing

6.6 WSCC - Infrastructure

£45,656 Education primary £19,844Education secondary £23,163Libraries £2,421Fire/rescue £229TAD £0 (under 500sqm commercial in rural area, reduction in parking on site from existing)


Further comments:

Accept the use of the conditions suggested by the Environment Agency in relation to contamination.

Original comments:

ContaminationPotential for land contamination due to former use as garage and service station. Information submitted (2011) not sufficient to enable a risk assessment to be undertaken and remediation strategy. This will be required and could be secured by condition. The site is located on a Principal aquifer which means that groundwater is sensitive to pollution, the Environment Agency may wish to comment on drainage. All waste must be disposed of in accordance with current Waste Regulations.

Air qualityAdvise promotion of sustainable transport modes, including providing secure covered cycle parking and information given to occupants on public transport options and pedestrian/cycle routes near the site.

Construction managementA Code of Considerate Contractors should be followed to minimise the environmental impacts on neighbouring properties. Mitigation measures should be put in place including dampening down dusty materials, wheel washing facilities, sheeted lorry loads, plant/machinery maintenance and waste burning to be prohibited.

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6.8 CDC - Housing Enabling Officer

Further comments:

The development will need to provide 1.8 affordable units to meet the 20% requirement. The proposed 2 bed flat is acceptable as intermediate tenure and it is larger than the minimum size of 67sqm. The remaining 0.8 will be sought as a £80,000 commuted sum.

As the site is in a Designated Protected Area (DPA), there will be a staircasing restriction for the intermediate unit, meaning there wil be a cap on owning more than 80% of the property. If funding does not allow some Registered Providers (RPs) to take this on, an alternative would be to dispose of the unit to one of the Council's RPs or deliver the dwelling as a shared ownership, discounted equity or other intermediate model property to house someone with a local connection.

To accord with the SHMA recommendations, the site should provide one of the 3 bed dwellings as a 2 bed market property. However, given the small size of the site and the changes made to the scheme to better accord with the SHMA recommendations and there is a difference of one unit, the housing delivery team feel this mix is acceptable.

Original comments

Objection: market mix

Providing 1 affordable dwelling plus a 0.6 commuted sum meets the 20% affordable housing requirement for a development of 8 dwellings. The affordable unit will be a 2 bed, intermediate tenure. This is acceptable.

The market mix is unacceptable, providing 42.9% 4+ bed detached properties. There is an existing imbalance towards 4 bedroomed properties in the parish and A259 corridor. The SHMA recommends a provision of 15% 4 bed market housing and the approved applications in the parish would deliver 20% 4 bedroom units, contributing to a greater imbalance. On the basis of local evidence and the SHMA recommendations, the following market mix is recommended 2 x 2 bed (29%), 4 x 3 bed (57%), 1 x 4 bed (14%).


Further comments:

Agree to the use of the conditions recommended by the EA, contamination to be resolved before the drainage strategy is agreed.

Original comments:

As stated in the Drainage Impact Statement, winter groundwater monitoring (Oct-March) and percolation testing are required to determine the peak groundwater level and investigate infiltration through soakaways or similar. This must be investigated prior to considering discharge to a watercourse or sewer.

All drainage should be kept above peak groundwater level so no storage is lost in times of high groundwater. Percolation testing to BRE 365 or similar should be undertaken to determine soakage rates for detailed design. The surface water drainage system should contain the 1 in 100 year storm event plus 30% for climate change. Guidance is attached.

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The ditch should have a 3 metre easement for maintenance access. A maintenance manual for the site drainage should be supplied detailing maintenance timings, costs and responsibility.

Conditions advised to require full details of surface water drainage, site specific SUDs maintenance manual, access and maintenance of watercourses and riparian responsibilities

6.10 CDC - Environmental Strategy

The lighting scheme will need to be designed to minimise effects on bats using the trees and hedgerows. Any vegetation clearance should take place outside the bird nesting season (Feb-Oct)

6.11 CDC - Conservation and Design Manager

Further comments:

The larger retail unit results in a much bulkier building form and aspects of the design could be improved to reduce the impact of the building on the street scene and surrounding development.

Roof pitches (including gables) to reflect local pitches - slightly steeper Would more of barn-like aesthetic work better than the domestic appearance

proposed, or even a much more contemporary design that better reflects the building's function (West Wittering COOP approach)?

Lowering the eaves on the east elevation is welcomed as it reduces the impact as viewed from further east along Main Road. A similar approach could be be adopted on the south elevation to reduce the impact of a rather featureless and imposing elevation on the gardens to units 6 and 5.

If a domestic approach to design is to be pursued the design might be improved slightly by setting the gables to project slightly forward of the main elevations, a more vertical emphasis to the window proportions.

The large area of flat roof could be mitigated by dropping it down below the ridge level, so that a conventional ridge detail can be accommodated. The flat roof could accommodate some solar panels/renewables.

The house layouts look very tight can it be confirmed that the London space standards (being rolled out nationwide) have been achieved.

With respect to the individual house designs, my original advice was to keep the elevations simple and relatively flat and the revised designs do respond to this advice.

Original comments

Mixed use development supported. The provision of accommodation above a shop can be successful.

The layout has been modified from the pre-application enquiry and now better reflects the linear character of existing local development and provides a street frontage onto Main Road. The parking and car barn should be revised to break it up, recommend additional planting. Accessible parking should be provided for the retail unit(s). Visitor parking should be spread through the site.

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Suggest dwellings fronting Main Road comprise a pair of semis with on plot parking, with a finer grained terrace along the southern end of the access road. This would provide opportunities for gaps between the Main Road frontage buildings to reflect the open character of the Chichester Harbour AONB and maintain the predominantly rural character of the area. There are better examples of local architecture than those used to inform the scheme's design. The frontage dwellings in particular would benefit from a simpler design approach, with good detailing including well proportioned timber windows, chimneys and simple porches. All properties should have clearly defined boundaries.

Public Art

The development falls below the threshold of 10+ dwellings or 100m2 net gain in commercial floorspace. Some consideration should be given to incorporating public art into the design of the development including the buildings, landscaping and public realm and commissioned in consultation with the community.

6.12 CDC - Policy

Further comments:

I refer to the earlier planning policy comments made on 20 June 2014.

Policy 26 in the emerging Local Plan seeks to retain existing employment sites that are well located and commercially attractive for B1-B8 or similar sui generis uses to safeguard their contribution to the local economy. The policy states that planning permission will be granted for alternative uses where "it has been demonstrated (in terms of the evidence requirements accompanying the policy) that the site is no longer required and is unlikely to be re-used or redeveloped for Business (B1-B8) or similar uses."

The evidence requirements referred to in Policy 26 are set out in Appendix E of the emerging Local Plan. The proposed A1 floorspace would be likely to be more attractive to commercial users and would provide adequate compensation for the loss of employment land. Since the application makes satisfactory provision for replacement land/floorspace, the requirements in Appendix E, paragraph E.6 would not apply.

Policy 43 of the emerging Local Plan refers to the impact of individual proposals and their cumulative effect on the Chichester Harbour AONB. The application would result in a higher density two-storey development, which would be likely to be more visually prominent than the existing development form of low density, single storey buildings. The case officer will need to be satisfied that the proposed development will meet all the criteria set out in the emerging Local Plan Policy 43.

In light of the amended plans and additional information submitted, there is no policy objection to the proposal.

5YHLSThe shortfall at November 2014 is 614 net dwellings equivalent to 4.0 years housing supply. This figure is based on the Council's proposed (revised) annual housing target of 435 homes per year.

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Original comments

Site and surroundingsThis is a brownfield site of c0.3ha in the rural area, and within the Strategic Gap. It forms part of a line of continuous mainly residential development along the south side of the A259. The residential frontages and the highway infrastructure give the area a suburban feel. There are relatively limited local facilities within walking distance.

Policy contextThe Council cannot demonstrate a 5YHLS and therefore paragraph 49 of the NPPF applies and the presumption in favour in paragraph 14 is engaged, subject to its caveats.

The Chichester Local Plan Key Policies Pre Submission (with Modifications) has been submitted for examination and its policies carry weight in accordance with paragraph 216 of the NPPF. The draft Plan seeks to direct new development towards defined settlements. Policy 2 identifies Hambrook/Nutbourne as a Service Village. Outside settlement boundaries, development will be restricted to that which requires a countryside location. Policy 5 states 25 houses will be required for Chidham and Hambrook, with sites to be identified through Neighbourhood Plans or a Site Allocation DPD. 47 dwellings have already been granted in the parish. The Chidham and Hambrook Neighbourhood Plan is at a relatively early stage of preparation and has not yet been subject to consultation.

There is local concern about the significant amount of housing approved and proposed in the locality which could cumulatively conflict with and undermine the Local Plan strategy. However this application would only provide a relatively small number of housing units on a brownfield site. It is a typical windfall opportunity that would likely come forward irrespective of the housing supply position. Therefore, consider no conflict with the strategy or housing provision proposed in the Local Plan.

Policy considerationsDraft policy 26 seeks to retain well located and attractive employment sites and appendix E sets out minimum marketing and evidence requirements. The submitted letter from a commercial agent states the dilapidated state of the premises and high rateable value for the site have diminished its appeal as a business location. This falls short of the requirements of Appendix E, however the site is in a poor state of repair and there are contamination issues. The current application proposes to compensate for the loss of the existing employment use by providing 2 flexible A1/B1 (a) units and 1 B1 (a) unit, which will result in a slight increase in commercial floorspace. A1/B1(a) floorspace is likely to be more commercially attractive and would provide adequate compensation and is considered acceptable.

The development density and visual impact in the context of the site's location in the AONB and settlement gap will need to be assessed against draft policy 33.

Development should conserve and enhance the natural beauty and locally distinctive features of the AONB, respond to the distinctive character and special qualities of the AONB, and not undermine the integrity or predominantly open and undeveloped character of the AONB and its setting to accord with LP policy 43 and NPPF paragraph 115.Saved policy RE6 (strategic gaps) has not been carried forward into the draft Plan, but policy 48 (4) requires that the individual identity of settlements, actual or perceived, is maintained and the integrity of predominantly open and undeveloped land between settlements is not diminished. Policy 43 also requires that the development does not lead to the actual or perceived coalescence of settlements. The development form and density should not result in an increased perception of coalescence or compromise the identity of Nutbourne (East) as a distinct settlement.

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The site falls within the 'zone of influence' surrounding the Chichester & Langstone Harbours SPA/SAC and therefore is eligible for financial contributions to the Solent SPA as set out in the Council's Interim Policy Statement on Development and Disturbance of Birds (updated April 2014).

The Interim Statement on Affordable Housing applies.

6.13 CDC - Economic Development

Further comments

Regrets the loss of the B1 space offered in the original proposal, as good quality B1 space is required within the District, as per the Employment Land Review, 2012. B1 space generally provides higher value jobs than retail, which is a priority within the Council's Economic Development Strategy.

However, the redevelopment of the site will vastly improve the appearance of the area, and the retail unit will still provide some employment, albeit lower value than the original proposal would have brought in.

Original comments

Support. The provision of good quality, flexible commercial space is very sought after in the district and there are no doubts this type of commercial space will quickly be taken up by businesses. The application is an improvement on the current site, given the inability to secure a tenant despite extensive marketing and reducing the price. The proposal would make the site much more economically viable, protecting the rural economy for the future.

6.14 1 Third Party Support

Brownfield site, currently an eyesoreSmall development including flexible retail provision (not for future housing)Should be able to be assimilated into the parish


Chichester Access Group: Level access to at least one entrance of the new dwellings and regard given to the height of electrical outlets in line with Part M.

6.16 3 Third party objections and concerns

Loss of existing B1 business (on site, 2 employees) and employment landWill result in the relocation of an established businessLess local support to amended plans than original scheme that would support small businessesAdditional visiting traffic increased significantlyOverspill parking along the A259Overlooking to garden of Rosedene to east

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Additional commercial information 09.12.14 from BNP Paribas

Discussions have taken place with 3 national convenience store retailers who have expressed an interest in occupying the A1 unit. Generally their requirements would include new build floor space of c300 sq metres or larger and a minimum lease of 10 years. The store would employ 10-20 people part/full time working shifts, with opening hours of 07:00-22:00 depending on location. The proposed parking and delivery arrangements are considered acceptable. Generally most retailers support the provision of flats above shops as it contributes to commercial vitality. It is expected that the unit would be pre-let in advance of completion on site

[Note: the requirement for c.300sqm allows for +/-10%]

Additional highways information 17.11.14

Tactile paving will be included to direct pedestrians across the car parking area into the retail store.

At c. 2.9m x 6.5m the garages are slightly narrower but longer than MfS recommends (c. 3m x 4.8m).

Outside typical servicing hours, the loading bay can be used as additional customer parking, with management of the spaces covered by a Service Management Plan. This could include prohibiting staff parking. The applicant accepts a condition to this effect.

Our Client would need to meet the reasonable costs of amending the Traffic Regulation Orders on Main Road adjacent to the site to prohibit parking.

Given the size of the scheme we would anticipate being able to secure a delivery and servicing plan via an appropriately worded condition. We would anticipate that there could be up to 3 deliveries per day in vehicles no larger than a 10.7m urban artic.

Using the current Dimension Plan, the puffin crossing is located 16.3m from the proposed access when measuring from the associated stop line.

Indicative operational details for the retail unit (email 30/10/14) - Hours of opening: 06:30 - 23:00 - Delivery hours: between 07:00 and 19:00 - Employment numbers: to be confirmed - The allocation, use and control of cycle storage and car parking for residents and staff: we are happy to accept a condition requiring a parking management plan to be submitted to, and approved by the Local Planning Authority before the retail unit is brought into use. - Commercial bin storage: located within the service yard as shown on plan number 0767/DPA13 - Fire escape routes - to be confirmed. The applicant would accept a condition dealing with contamination assessment and mitigation measures.

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Background information about commercial use (Letter 14/11/14)

Whiteheads has been the land agent for the site since 2009, see letter dated 9th April 2014. During that time they did not receive enquiries from commercial developers, all interest was for wholly residential development. The applicant is the first developer to propose a mixed use scheme on the site increasing the amount of floor space. The Council's economic development service positively support the proposals and accept the level of marketing undertaken.

The current proposals have been significantly improved upon both as a result of discussions through the application process with the Council's officers and consultation with Chidham and Hamrook Parish Council. Two meetings were attended with the Parish Council which led to a better understanding of the local community's need for a local shop. Consultation at the Parish level together with the Council's request for us to explore the commercial aspects of the proposed A1 units lead to further consultation with a commercial agent who represents national retail operators. This resulted in an increase in the amount of commercial floor space, increasing from 166 sqm to 278 sqm to provide a viable shop unit on the site. Revised plans showing a local shop unit were received favourably.

The applicant 77 Property, has worked with BNP Paribas to inform the design to ensure the commercial unit would meet the requirements of national retail operators as explained in the letter dated 8th October. Our client is committed to delivering the proposed commercial unit and would agree to the phased delivery of the houses to tie in with the commercial unit and is happy for this to be dealt with by his solicitor in discussions with the Council's legal team. The flats, including the affordable unit, rely on the delivery of the commercial unit and the provision of the affordable unit would be controlled by the requirements of the S106 agreement. The offices above the shop have been replaced by flats as it is a more commercially viable arrangement. Chidham Garage is a prime brownfield site which has stood mainly empty and derelict (apart from a small retail unit on a subsidised rent, which in itself represents a dire underuse of the 0.31 hectare site), for more than 5 years. Negotiations through the application process have successfully balanced the land uses and built form on the site, significant changes have resulted in opening up the frontage to be more reflective of the surrounding pattern of residential development whilst respecting the site's landscaping setting within the Harbour AONB; there has seen a reduction in the residential building footprints and overall scale, resulting in more space around the houses. The proposed scheme would secure an improved commercial use that would meet the needs of the local community and provide 9 new homes (including 1no. affordable unit) of a mix that wholly complies with the District's requirements in the Strategic Housing Market Assessment. The revised plans now present the best solution for regenerating the site.

7.0 Planning Policy

7.1 The Development Plan for Chichester District comprises the saved policies of the Chichester District Local Plan First Review 1999 and all made neighbourhood plans. There is no made neighbourhood plan for Southbourne Parish at this time.

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BE11 New DevelopmentBE13 Town CrammingBE14 Wildlife Habitat, Trees, Hedges and Other Landscape FeaturesBE16 Energy ConservationRE1 Rural Area GenerallyRE4 Areas of Outstanding Natural BeautyRE6 Strategic GapsRE7 Nature Conservation (Designated Areas)TR6 Highway SafetyTR8 Catering for Cyclists and PedestriansH1 Dwelling RequirementH3 Polluted SitesH4 Size and Density of DwellingsH8 Social and Low Cost Housing in Settlement Policy AreasB1 Floorspace ProvisionB5 Rural Area - New Build and ExtensionB8 Safeguarding Business Floorspace

7.3 The Chichester Local Plan: Key Policies Pre-Submission 2014-2029 with modifications is undergoing Examination by the Secretary of State. The emerging Local Plan is a material consideration and following Submission it has gained increasing weight for decision making purposes. As it progresses through the Local Plan process to adoption it will gain more weight, paragraph 216 of the NPPF is therefore relevant.


Policy 1: Presumption in Favour of Sustainable DevelopmentPolicy 2: Development Strategy and Settlement HierarchyPolicy 3: The Economy and Employment ProvisionPolicy 4: Housing ProvisionPolicy 5: Parish Housing Sites 2012- 2029Policy 9: Development and Infrastructure ProvisionPolicy 26: Existing Employment SitesPolicy 29: Settlement Hubs and Village CentresPolicy 33: New Residential DevelopmentPolicy 39: Transport, Accessibility and ParkingPolicy 40: Sustainable Design and ConstructionPolicy 42: Flood Risk and DrainagePolicy 43: Chichester Harbour Area of Outstanding Natural Beauty (AONB)Policy 45: Development in the CountrysidePolicy 48: Natural EnvironmentPolicy 49: BiodiversityPolicy 50: Development and Disturbance of Birds in Chichester and Langstone Harbours Special Protection Areas

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7.5 Consideration should also be given to paragraphs 6-13 (Principles of Sustainability), 17 (Core Planning Principles), sections 1 (Economy), 3 (Rural Economy), 4 (Transport), 6 (Housing), 7 (Design), 8 (Healthy Communities), 10 (Climate Change), 11 (Natural Environment), Decision Taking and Annex 1 (Implementation)

7.6 The government's New Homes Bonus (NHB) which was set up in response to historically low levels of housebuilding, aims to reward local authorities who grant planning permissions for new housing. Through the NHB the government will match the additional council tax raised by each council for each new house built for each of the six years after that house is built. As a result, councils will receive an automatic, six-year, 100 per cent increase in the amount of revenue derived from each new house built in their area. It follows that by allowing more homes to be built in their area local councils will receive more money to pay for the increased services that will be required, to hold down council tax. The NHB is intended to be an incentive for local government and local people, to encourage rather than resist, new housing of types and in places that are sensitive to local concerns and with which local communities are, therefore, content. Section 143 of the Localism Act which amends S.70 of the Town and Country Planning Act makes certain financial considerations such as the NHB, material considerations in the determination of planning applications for new housing. The amount of weight to be attached to the NHB will be at the discretion of the decision taker when carrying out the final balancing exercise along with the other material considerations relevant to that application.



The Provision of Service Infrastructure Related to New Development in Chichester District (Parts 1 and 2)Interim Statement on Planning for Affordable HousingInterim Policy Statement on Development and Disturbance on Birds in Special Protection Areas and Identified Compensatory Habitats

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A1 - A strong local economy where businesses can thrive and growB1 - Managing a changing environmentB2 - Greener livingC2 - Encourage healthy and active lifestyles for allD1 - Increasing housing supplyD2 - Vibrant, safe and clean neighbourhoodsD3 - Housing fit for purposeD4 - Understanding and meeting community needsE1 - Traffic management in the district will improve so as to reduce congestionE2 - There will be improved cycling networks and strong links to public transport to ensure that cycling is a viable alternative to using the carE3 - There will be a decrease in the numbers of road traffic collisions in the districtE4 - People will have easier access to services at a local level



(i) the principle of the mixed use redevelopment of this site(ii) securing the commercial use(iii) contamination(iv) access, parking and turning (v) housing mix and tenure(vi) form, layout and design, impact on surroundings and AONB(vii) residential amenity

Assessment

Principle and viability

8.2 The site is previously developed brownfield land, located within the Rural Area, Strategic Gap and AONB. The site lies 160m east of the nearest Settlement Policy Area (SPA) boundary. Formerly a fuel garage, the site is currently occupied by a picture framing workshop, car wash and includes a mobile home, a caravan, storage barn and vehicle workshop area. These businesses have been on site since early to mid 2011. A car sales business previously occupied the western part of the site but this use ceased before the application was submitted and this part of the site is vacant. The old fuel pumps are covered. The site therefore provides some limited employment within the B use class. There is no evidence of planning consent granted for the existing uses.

8.3 The proposed development comprises two elements: the provision of a 278sqm retail (A1) unit and 9 dwellings.

8.4 The loss of business floorspace is contrary to saved Local Plan policy B8 and emerging policy 26. The site has been marketed in some capacity since 2009 which has resulted in short term rental contracts at reduced rates and much of the site is vacant. It is considered that the existing buildings and uses do not make efficient use of land. CDC's Economic Development Service has recognised the difficulties in securing a tenant during this time despite the marketing programme and reducing the price. It is considered that the requirements of saved and emerging Local Plan policy in respect of marketing has been met.

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8.5 The proposed retail unit would fall within the A1 use category so would not strictly comply with policies B8 and 26. It would however offer an increase in the amount of commercial floorspace on site from 180sqm to 278sqm and provide additional employment opportunities, as the proposed retail unit is expected to employ 10-20 people at a range of skill levels on a part or full time basis. It is noted that consultation with the Parish Council has encouraged the developer to propose sufficient retail floorspace to accommodate a local convenience type retail store, a facility identified to be lacking in the Parish.

8.6 The provision of residential accommodation would be contrary to saved Local Plan policy RE1 and a full residential scheme was discouraged at pre-application stage. However, consideration must be given to the 5YHLS shortfall, existing and historical employment uses and brownfield characteristics of the site. There is ribbon residential development to the east and west. Chidham is identified as a service village in the emerging Local Plan. Chidham and Hambrook have yet to submit a Draft Neighbourhood Plan for consultation. Although not immediately adjacent to the existing SPA boundary, the site is close to bus, pedestrian and cycle routes, the railway station at Nutbourne and a limited range of local facilities in Chidham, Hambrook and Nutbourne. It is therefore considered that a mixed residential and commercial use of the site is acceptable in principle.

Securing the commercial use

8.7 It will however be vital to ensure the retail unit is delivered on site, both to ensure the benefits it would bring in terms of employment and local facilities are achieved and as the flats sited above the retail unit are necessary to ensure an appropriate mix of dwellings on site (size and tenure). The proposed unit would provide approximately 300sqm commercial floorspace, a size which has been confirmed by the applicant's commercial agent to comply with the requirements of national convenience retailers. It is understood that three retailers have expressed an interest in occupying this unit. It is expected that the minimum lease would be 10 years. The provision of flats above shops is also supported by the commercial agent as in their experience this contributes to commercial vitality. It is considered that the information provided is sufficient to demonstrate that the retail unit has been designed to meet the requirements of national retailers who would potentially operate this unit. It is recommended that the phasing of the delivery of the retail unit and flats are confirmed through conditions and secured in the S106 agreement, to front load the retail part of the scheme as far as is practicable. On these terms, the development is considered to be acceptable and will comply with the requirements of saved and emerging Local Plan policies and the Government's intentions to support economic activity and increasing the supply of housing set out in the NPPF.

Contamination

8.8 A phased ground investigation was undertaken in 2011, although given the former use of the site as a fuel garage, further investigative works will need to be undertaken and a full risk assessment carried out before groundworks commence. This risk assessment will include an evaluation of the land quality of the site and a remediation strategy which will take into account known and unsuspected contamination. The fuel tanks have recently been removed, but the presence of buildings and businesses on site at present limits the scope of the investigation works required for the full risk assessment. The site is also above a principal aquifer, so is highly sensitive to pollutants. With advice from CDC's Environmental Health specialists and the Environment Agency it is considered that sufficient information has been provided at this stage to identify the presence of contamination and there are no foreseen reasons to suggest that a technical remediation solution cannot be found. The risk assessment and mitigation proposals are capable of being sought and approved by condition.

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8.9 The Environment Agency has suggested a set of conditions without which the development would pose an unacceptable risk to the environment. These will require the submission of contamination investigation and remediation details, surface water drainage and foundation details before works commence and verification reports before the site can be occupied. These conditions are agreed by CDC's Environmental Health specialist and Drainage Engineer and are carried through in full in the recommendation preview. The development will therefore comply with saved policy H3, paragraphs 109, 120-122 of the NPPF and section 33 of the NPPG, and enable the re-use of brownfield land as supported by paragraph 111 of the NPPF.

Highway access, parking and turning

8.10 The submitted transport assessment estimates that the proposed development would generate additional vehicular movements in the region of 1 every 3-4 minutes during peak retail hours (08:00 - 09:00/17:00 - 18:00) over and above the level of movement that would have been generated by the existing uses including the former vehicle sales business. The site however directly accesses the A259, a busy main route. It is considered that this level of activity will not be detrimental to the safety of the site access nor the capacity of the road network.

8.11 The site currently has two points of vehicular access, to the north west and north east corners. The proposal requires the relocation of the vehicular access to the site to the centre of the northern boundary and the relocation of the puffin crossing.

8.12 While the specific details of the access, crossing and internal layouts will require further separate assessment under the Highways Act by WSCC, the principles and broad details of the access arrangements are considered acceptable. These include:

Access road at 6m wide with measured kerb radii of 4.5m Visibility splays of 2.4m x 81m Footway outside the retail unit to be 5.4m wide Footways for plots 1 and 2 to be 1.5m 17 allocated, and 4 unallocated parking spaces for residential use 20 cycle spaces for residential use and 6 for retail and visitor use Garages to be 2.9m x 6.55/6.7m The northern part of the site is expected to be adopted. The surfaces to the rear of the

shop will be privately managed

8.13 The layout provides 9 regular and 1 disabled parking bay and 2 motorcycle spaces for the retail unit. This provision has been calculated using trip data which suggests a maximum demand of 10 vehicles per hour. The maximum requirement in WSCC's parking standards is however 19 spaces based on the floorspace of the proposed retail unit. Given the shortfall and absence of alternative parking arrangements, it is considered necessary to ensure a parking and delivery management plan is adopted, should permission be granted. This would ensure alternative arrangements are made for staff vehicle parking, measures are in place to prevent customer or staff parking in residential spaces and that the delivery bay is managed to allow customer parking at peak times and when the space is vacant. Arrangements could be made to allow use of the visitor bays at peak times. The Highways Authority support this approach and the applicant has confirmed acceptance of the principle of a parking management plan. Tracking details demonstrate that a 10.7m articulated lorry can enter and exit the site in a forward gear and park in the loading bay.

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8.14 Based on the details above and with the use of a parking management plan secured by condition, the proposal will meet the required standards of highway access, safety and parking and will therefore comply with saved policies TR6 and TR8 and emerging Local Plan policy 39.

Housing mix and tenure

8.15 The proposed residential units will comprise 1no. 4 bed house, 5 x 3no. bed houses and 3no. 2 bed flats. The flats will be provided above the shop. 1no. flat will be intermediate tenure, the remaining units will be market sale. The residual 0.8 affordable unit to deliver the full 20% affordable provision is required as a £80,000 commuted sum. The affordable flat is an acceptable size, being in excess of the minimum requirement of 67sqm. It will be retained as an affordable unit in perpetuity through the S106 agreement and by virtue of the location of the site in a Designated Protected Area (DPA) ensuring the Registered Provider retains a minimum 20% of the value. The development meets the requirements of the Interim Statement on Affordable Housing and CDC's Intermediate Housing policy.

8.16 To meet the policy recommendations of the SHMA for market mix, the development would need to provide one less 3 bed unit and one more 2 bed. Unit 6 is however compromised to some extent by its location to the rear of the shop, and units 5 and 6 will have a lower value than the detached dwellings on plots 1, 2 and 3. The site will therefore offer a range of properties and on balance is acceptable under saved policy H4, emerging policy 33 and section 6 of the NPPF.

Form, layout and design, impact on surroundings and AONB

8.17 The use of a central access point and spine road results in a logical layout with the majority of the houses to the west and the commercial unit and flats forming the built frontage to the east. The two dwellings and shop/flats have their primary frontage to the north onto the A259 so will actively engage with the street scene and reflect the orientation and position of the adjacent dwellings to the east and west. The siting of the two detached dwellings fronting the A259 also reflect the rhythm of development and the gaps between these units and through the spine road retains some of the open feel of the existing development and views through the planted boundary to the south. This is an important consideration given the location of the site within the AONB and Strategic Gap and the requirements of emerging policies 43, 47 and 48 in relation to protecting the AONB and its setting, ensuring good design and avoiding coalescence.

8.18 The units adopt a traditional form and appearance, with prominent gables and use a palette of materials including clay and slate tiles, brick and render. This approach helps the development to integrate with the existing development in the locality, particularly that fronting the A259. The buildings use simple traditional detailing; this stems from the advice given in the earlier stages of the application.

8.19 The layout enables each dwelling to be laid out to allow for good amenity standards and acceptable window/window relationships. Each will have a private rear garden of a minimum depth of 10m, with the four rear dwellings having space for on plot parking and the two dwellings fronting the A259 will have front gardens and pedestrian access onto the A259 pavement and relocated crossing. Each house will be given a private cycle storage shed or garage space. The flats are allocated one parking space each opposite the entrance and will have use of the additional 4 unallocated spaces. Bin and cycle stores are shared for the flats.

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8.20 The development is considered to make efficient use of the site and will result in a development that complements the existing pattern and form of adjacent development. The layout and building forms and the simplified detailing respond positively to the advice of CDC's Conservation and Design Manager. The proposal complies with saved policies BE11 and BE13, emerging policies 33, 40, 43, 47 and 48 and sections 7 and 11 of the NPPF.

Residential amenity

8.21 The proposed development will intensify the use of the site and increase the hours of activity and associated noise. There will be an increase in the amount of vehicular and pedestrian traffic over and above the existing use of the site. This is however a commercial site and adjacent to a main A road so some degree of noise, activity and disturbance has historically occurred.

8.22 NPPF paragraph 123 sets out that development should avoid noise giving rise to adverse impacts on health or quality of life, and identifies that noise and other adverse effects can be mitigated using, amongst other tools, suitable conditions. While the neighbours will benefit from the removal of noise associated with car workshop and car wash activities and the filling station pumps, there is the potential to experience noise from the air conditioning and chilling equipment, deliveries and staff and customer access for the retail unit over a longer duration. It is considered that, provided the operation of the business and hours on site are restricted by conditions, the amenities of local residents will not be materially adversely affected. These restrictions include restricting delivery access to 07:00-19:00, ensuring opening hours do not exceed 06:30 - 22:30 and ensuring suitable acoustic barriers around the service yard area. A wall is proposed on the on the boundary between plot 6 and the rear of the retail unit as a barrier to mitigate noise and offer further privacy and separation to the adjacent dwelling. Noise attenuation will be provided between the retail unit and the flats above. Policy 26 (noise aspects) NPPF 123 and NPPG section 30 apply and the development is considered to be able to comply with these requirements.

8.23 It is considered that the proposal complies with saved policy BE11 and the guidance and policy in the NPPF and NPPG in relation to crime and disorder and designing out crime. The residential units and proposed retail opening hours will allow for a continuous presence on site and improved natural surveillance to the existing arrangement.

8.24 The use of high level rooflights to serve the flats in the southern and eastern elevations and the distances between properties will protect the privacy of neighbours and prevent direct overlooking. The shop/flat building will also have a catslide roof to the eastern elevation to reduce the visual impact and presence of the building on the garden of Rosedene to the east. Plot 6 has been further amended to position the garage to the north of the dwelling, providing better separation between the habitable rooms and the retail unit.

8.25 Taking all the above into account, the proposal will not have a material detrimental effect on the amenities of existing neighbours and will provide acceptable standards to the new occupiers. The development will comply with saved policies BE11, BE13 and emerging policies 23 and 26.

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Other matters

8.26 On site, the ecology value will significantly improve as a result of the redevelopment, with the allowance for supplementary planting to boundaries and the retention of the mature planting to the southern boundary. Recreational disturbance impacts on Chichester Harbour will be addressed through the payment of the tariff (currently £172) as part of the Section 106 agreement. This will ensure compliance with saved policy RE6, emerging policy 50 and NPPF paragraphs115 and 118.


8.27 As recommended by consultees and discussed above, specific conditions are recommended to address the following matters of detail amongst others, to enable this scheme to be acceptable in full:(i) Full investigation and remediation of contaminated land as advised by the Environment Agency(ii) Construction management plan including demolition, noise and dust reduction, contamination prevention, parking away from the highway, hours of work(iii) Full surface water drainage strategy to reduce run-off and prevent new contamination(iv) Maximum noise levels for plant and equipment to be 10dBA below background and suitable acoustic protection(v) Hours of operation and deliveries, with delivery access restricted to between 07:00-19:00(vi) Parking and delivery management plan(vii) Phasing to ensure delivery of retail unit and shared ownership flat at an early stage in the build(viii) Use of retail unit as such

Section 106 Agreement

8.28 The applicant will need to enter into a Section 106 agreement to cover the following matters:

1no. 2 bed flat on site for intermediate tenure Residual 0.8 affordable unit commuted sum £80,000 Recreational disturbance mitigation £1,548 (£172 per dwelling) Education primary £19,844 Education secondary £23,163 Libraries £2,421 Fire/rescue £229

There is no TAD contribution as the commercial unit is below the threshold of 500sqm net for rural sites and there is a reduction in the amount of space for parking on site.

8.29 Additional on site and non-financial obligations will include the relocation of the puffin crossing, maintenance and management of the private roads, drainage and public landscaping areas and the phasing of the retail unit.

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Conclusion

8.30 Based on the above, it is considered the proposal complies with relevant saved development plan and emerging Local Plan policies, and the NPPF by securing additional jobs and a local economic facility on a brownfield site, and providing 9 dwellings. The application makes efficient use of the site without having a detrimental impact on the AONB or the amenities of nearby residents. The application is therefore recommended for approval, subject to conditions including those detailed above and listed in full below, and the accompanying S106 agreement.

Human Rights



1 A01F Time Limit - Full 2 U90273 - Plans3 U90336 - Phasing4 U90282 - Contamination5 U90275 - Surface water6 U90276 - Demolition management plan7 U90277 - Construction management plan8 U90286 - Foundation details9 U90278 - Foul drainage details10 U90283 - Levels and sections11 U90321 - Tree protection12 U90279 - Materials and finishes13 U90338 - Roof details14 U90341 - Rooflights15 U90281 - Unsuspected contamination16 U90323 - Access and visibility17 U90324 - Puffin crossing18 U90285 - Plant equipment noise19 U90280 - Verification report20 U90292 - Parking and delivery management plan21 U90291 - Lighting22 U90293 - Commercial refuse23 U90322 - Roads footways and parking24 U90294 - Parking and turning25 U90295 - Cycle provisions26 U90315 - Bin storage27 U90328 - Boundaries28 U90332 - Soft landscaping29 U90284 - Ground floor A1 only30 U90287 - Hours of use31 U90296 - First floor windows32 W02F S.106 Agreement 33 W01F Disclaimer - Other Consents 34 U90329 U90329 - Highways approval35 U90319 U90319 - EA Advice

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INFORMATIVES

1 U90320 - Principal aquifer2 W45F Application Approved Following Revisions 3 W36H Wildlife

For further information on this application please contact Naomi Langford on 01243 534734

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Parish:Chichester

Ward:Chichester East

10. CC/14/02382/EXT

Proposal Extension of time of planning permission CC/08/00554/OUT (5 yr permission). Residential development and associated off site works.

Site Ex Portfield Football Ground Church Road Chichester West Sussex PO19 7HN

Map Ref (E) 487416 (N) 105474

Applicant Chichester District Council


NOT TO SCALE


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The District Council is the applicant and the application site is on land owned by the Council.


2.1 Portfield Football Ground extends to approximately 1.5 ha and is located on the west side of Church Road 30 metres south of its junction with Westhampnett Road. The application site comprises the now disused and overgrown football pitch, 2 single storey prefabricated buildings used as a Clubhouse and store in the north east corner of the site adjoining the vehicular access to Church Road and a car park for about 30 cars which adjoins the club buildings. Stretches of hedgerow and hedgerow trees line the Church Road frontage.

2.2 The application site also includes Church Road and an area spanning part of the River Lavant and its riverbank at the junction of Church Road and Westhampnett Road (the total site area is 2.3 ha). The northern part of the application site comprises the pebbled bed of the River Lavant and its waterside margins which are characterised by large sections of dense scrub, several mature trees and numerous dead, semi-mature trees covered in ivy. At this point the site boundary partly encroaches on land at Barnfield Drive where there is a Committee resolution to grant outline planning permission which is currently awaiting the signing of a S.106 agreement for a 7,184sqm building serving as a single convenience store or as a store for bulky goods retailing (20th August Planning Committee 2014).

2.3 Adjoining the north west site boundary of the Football Ground is the West Sussex NHS Primary Care Trust premises as well as the back gardens of houses along Westhampnett Road. On the east side of Church Road opposite the Football Ground are 10 residential properties and to the south and east of these dwellings is the Portfield Retail Park. Adjoining the west boundary of the football ground is a public footpath from Westhampnett Road connecting with the Portfield Cemetery which adjoins the south-east boundary of the football ground. To the west of this footpath is St. James's Industrial Estate.

3.0 The Proposal

3.1 Outline planning permission was granted for the development on 8th July 2010 for a period of 5 years. The permission therefore expires in July 2015 and the applicant has now applied to renew the extant permission for a further period to allow a longer period of time in which to submit an application or applications for the approval of the reserved matters.

3.2 The proposal is to develop the Football ground for residential purposes except for a 25m wide strip of land along the south east boundary which is shown to be reserved for an extension to the cemetery. The application is for 80 dwellings (of which 40 (50%) are to be affordable dwellings) and has been submitted in outline form with layout, scale and means of access shown for consideration. Those matters which are reserved are the final form, materials and external appearance of the dwellings and the landscaping.

3.3 An integral part of the proposal is the provision of a new roundabout at the junction of Church Road with Westhampnett Road. This entails works to culvert the course of both the River Lavant and the Mill Stream under the roundabout and to carry out associated works to re-profile the riverbank including new landscaping.

3.3 The proposals comprise 52 x 2 storey houses with a maximum overall height of 8.8 metres (5 metres to eaves) and 28 flats (24 of these flats in 2 x 3 storey blocks) with the blocks at an overall height of approximately 10 metres.

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The overall density of the development is 53 dwellings per hectare.

The proposed mix of dwellings is: Market - 40 units10 x 1 bed 12 x 2 bed10 x 3 bed8 x 4 bed

Affordable - 40 units6 x 1 bed flat6 x 2 bed flat6 x 2 bed house14 x 3 bed house

8 x 4 bed house

4.0 History

00/01494/OUT WDN Residential Development.

08/00554/OUT PER106 Residential development and associated off site works.

5.0 Constraints

Listed Building NOConservation Area NORural Area NOAONB NOStrategic Gap NOTree Preservation Order NOSouth Downs National Park NO- Flood Zone 2 YES (Part)- Flood Zone 3 YES (Part)Historic Parks and Gardens NO


6.1 City Council

No Objection

6.2 Chichester Harbour Conservancy.

No objection subject to securing recreational mitigation measures in accordance with Council's Interim Statement.

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No objection subject to conditions and habitat compensation secured for previous permission.

6.4 Southern Water Services

No Objection.

6.5 Sussex Police

No Objection.

6.6 Highways Agency

No development shall commence unless the access between the A27 and Church Road has been closed to motorised vehicles.

6.7 WSCC - Highways

No Objection subject to retention of highway related conditions and obligations. The parking standards used in 2008 aren't that far out from what would be required under the more recent requirements and still within the 10% tolerance, although there might be some benefit in looking to secure some additional parking spaces where possible.

6.8 Sport England

No Objection. Reiterates consultation response on original application. Council should ensure that it secures delivery of alternative sports provision.

6.9 WSCC - Infrastructure

The following contributions are sought from this development:

Primary Education £100,730Libraries £10,246Fire and Rescue £1,130 plus 2 fire hydrantsTAD £113,550

6.10 CDC - Housing Enabling Manager

As this is an extension of time with no changes to the mix or numbers set out in the S.106 the housing requirement is met.

6.11 CDC - Archaeological Officer

The previous archaeology condition should be imposed.

6.12 CDC - Community Facilities

A contribution of £140,720 is sought in accordance with the Council's Infrastructure SPG (80 x £1,759) towards improvements to already overused community buildings - St. Pancras Church hall, The Newell Centre, Basil Shippam and the New Park Centre.

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6.13 CDC - Green Spaces and Street Scene Manager

No Objection. Proposal meets requirements for open space in accordance with CDC's guidance.

6.14 CDC - Environment Officer

As this is an extension of time, and we already know that the mitigation strategy is being updated, I am happy for a condition to be used. The recommended condition reads:Before any part of the development hereby permitted is first commenced a detailed Reptile and Bat survey shall be carried out by an appropriately qualified ecologist to ascertain the presence of protected species and the resultant survey report shall be submitted to the LPA. In the event that the survey report reveals the presence of reptiles or bats the developer shall prepare and submit for approval by the LPA a Mitigation Strategy including a timetable for implementation. No development shall take place unless and until the approved mitigation has been carried out.


Council's land contamination conditions to be attached to any permission. New air quality assessments need to be undertaken.

6.16 CDC - Public Art Strategy

A sum of £26,696 is requested to accord with the Council's Public Art Strategy for the provision of a scheme or piece of artwork to be displayed at the site.


Revised traffic, ecological and environmental air quality assessments need to be carried out.

7.0 Planning Policy


7.1 The Development Plan for Chichester District comprises the saved policies of the Chichester District Local Plan First Review 1999 and, outside of Chichester City, all adopted neighbourhood plans.



BE1 Settlement Policy AreaBE11 New DevelopmentBE13 Town CrammingBE14 Wildlife Habitat, Trees, Hedges and other Landscape FeaturesBE16 Energy ConservationH4 Size and Density of dwellingsH5 Open Space RequirementsH6 Maintenance of Open SpaceH9 Social Housing

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R3 Existing and Allocated Open SpaceR4 Public Rights of Way and Other PathsTR6 Highway SafetyTR8 Catering for Cyclists and Pedestrians

7.3 The Chichester Local Plan: Key Policies and modifications has been submitted to the Secretary of State and is currently undergoing its Examination in Public (EIP). The emerging Local Plan is a material consideration and following Submission it gains increasing weight for decision making purposes. As it progresses through the Local Plan process towards adoption it will gain more weight, paragraph 216 of the NPPF is therefore relevant.

Chichester Local Plan Key Policies Pre-Submission 2014-2029 (as now submitted with modifications)

Policy 1: Presumption in Favour of Sustainable DevelopmentPolicy 2: Development Strategy and Settlement HierarchyPolicy 4: Housing ProvisionPolicy 7: Masterplanning Strategic DevelopmentPolicy 8: Transport and AccessibilityPolicy 9: Development and Infrastructure ProvisionPolicy 10: Chichester City Development PrinciplesPolicy 12: Water Resources in the Apuldram Wastewater Treatment CatchmentPolicy 13: Chichester City Transport StrategyPolicy 33: New Residential DevelopmentPolicy 34: Affordable HousingPolicy 39: Transport, Accessibility and ParkingPolicy 40: Sustainable Design and ConstructionPolicy 41: Off-site Renewable EnergyPolicy 42: Flood RiskPolicy 49: BiodiversityPolicy 50: Development and Disturbance of Birds in Chichester and Langstone Harbours Special Protection AreasPolicy 52: Green InfrastructurePolicy 54: Open Space, Sport and Recreation


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7.5 Consideration should also be given to paragraph 17 (Core Planning Principles) and in particular the following paragraphs:

Paragraph 49 - Policies for the supply of housing should not be considered up to date if the LPA cannot demonstrate a five year supply of deliverable housing sites.

Paragraph 50 - LPA's should deliver a wide choice of high quality homes, creating inclusive and mixed communities.

Paragraph 56 - The Government attaches great importance to the design of the built environment. Good design is indivisible from good planning and should contribute positively to making places better for people.

Paragraph 64 - Permission should be refused for development which fails to take the opportunities available for improving the character and quality of an area.

Paragraph 61 - Ensuring integration of new development into the built environment in addition to securing high quality and inclusive design.

Paragraph 69 - The planning system can play an important role in facilitating social interaction and creating healthy, inclusive communities.

Paragraph 158 - LPA's should use a proportionate evidence base to inform inter alia a housing strategy that takes full account of relevant market and economic signals.

Paragraph 159 - LPA's should have a clear understanding of the housing needs in their area. LPA's should prepare a Strategic Housing Market Assessment (SHMAA) to assess their full housing needs. This should identify household and population projections, taking account of migration and demographic change and should address the need for all types of housing including affordable housing.

Paragraph 215 - Due weight to be given to relevant policies from Local Plan according to consistency with NPPF.

Paragraph 216 - The degree of consistency between emerging local plan policies and the NPPF. The closer the policies the greater the weight that may be given according to the stage of preparation.




The Provision of Service Infrastructure Related to New Development in Chichester District (Parts 1 and 2)Interim Statement on Planning for Affordable Housing

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Interim Policy Statement on Development and Disturbance on Birds in Special Protection Areas and Identified Compensatory Habitats


B1 - Managing a changing environment. - Achieving a sensitive balance that protects environmental quality.- Enhancing landscape and habitats.- Maintaining a clean environment.

B2 - Greener living. - Encouraging and supporting businesses and residents in changing their habits to become more environmentally friendly.- Making recycling easier for residents and Businesses.- Promoting sustainable and energy efficient ways to businesses.- Providing and promoting alternatives modes of transport to the car.

C2 - Encourage healthy and active lifestyles for all.- Partners promoting and initiating projects that encourage the development of healthy lifestyles.- Encouraging the development of projects to improve the provision of sport and leisure facilities.

D1 - Increasing housing supply.- More housing across all tenures- Explore opportunities to work with private sector housing to increase the supply of high quality private rented and intermediate rental units.

D2 - Vibrant, safe and clean neighbourhoods- Multi-agency and residents partnerships to be continued and developed.- Communities supported to build and maintain community spirit. - Maintain low levels of crime and improve people's perception of safety in the district.


8.1 The matters which were identified as part of the assessment of the original application were:

(i) The loss of the football ground/playing field and whether this could be justified in terms of Local Plan policy R3;(ii) The additional traffic which would likely to be generated by the proposed development and whether the proposed improvements at the junction of Church Road and Westhampnett Road were adequate;(iii) The impact of the proposed highway works on the ecology of the River Lavant (iv) The density of development, provision of affordable housing and the impact of the development on the amenities of neighbouring residential properties.

As part of this application to extend the period in which details of the reserved matters are to be submitted it is necessary to determine whether there have been any significant changes in either policy or site circumstances which could lead the LPA to reach a different conclusion of the application this time around. In terms of the policy situation since the previous approval the key changes are the withdrawal of the previous South East Plan, the publication of the NPPF which came out in March 2012 and the publication and progress of

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the Council's new Local Plan which is now at examination. The emphasis in policy terms is on promoting housing in sustainable locations, such as Chichester and achieving and maintaining a 5 year supply of housing land.

Assessment

8.2 (i) The loss of Football Ground/Playing Field

Saved Local Plan policy R3 states that existing recreational spaces will be protected from unrelated development - in particular public and private playing fields and recreational open space - but that 'if in exceptional circumstances any such areas are lost the District Council will seek to secure a suitable replacement of open space in a form which is appropriate to the then current needs of the surrounding area'. The policy is considered to be a key consideration in the determination of the planning application.

8.3 In anticipation of the loss of Portfield Football Ground and as part of its consideration of the original application the Council permitted a package of measures which it is considered would result in significant benefit to the provision of sports facilities in the City. Part of this package entailed the Council upgrading an area of open space nearby at Florence Road. The following works in respect of the Florence Road site have been carried out:

1) A full sized adult football pitch which, unlike the Portfield Ground, is openly available for community use2) A pavilion including a community room available for hire3) Multi use games area (20m x 35m) which has both informal access and organised activities4) A play area5) Garden area and public toilets.

8.4 The District Council also allocated £815,000 to provide a new clubhouse and improved football ground for Chichester City United Football Club at Oaklands Park which was needed to meet FA and Sussex League requirements to enable the Club to continue playing at its current level and potentially progress into higher leagues. The clubhouse has now been provided and the ground facilities upgraded.

8.5 In addition to the above the Council is still intending to carry out improvements to the existing recreation ground at New Park Road in order to encourage further usage of the area for organised sporting activity. New Park Road currently has an adult football pitch but does not have a pavilion or any changing/storage facilities which means its use is limited. The Council's Leisure Service are therefore proposing that the area could be remarked to meet the current needs for adult and junior football pitches in the City. It is also proposed that the previous pavilion on the site which was burnt down in 2000 and which did not meet FA standards, be replaced by a smaller building on the same footprint to provide a store for kit bags and toilets.

8.6 It is considered that the above package of measures have, in the case of those already provided at Florence Road, resulted in a greater benefit to the community by providing a community football pitch and pavilion for community use. Sport England have been consulted on the current planning application and have formally re-iterated it's previous view that it is has no objection to the Council's sports provision package. This view is conditional on the Council ensuring that the appropriate mechanisms are in place (phasing and funding) to ensure that the timing and delivery of the sports facilities is specified. The mechanism for this is through the S.106 agreement. The agreed trigger for provision of the junior football facilities at New Park Road is before first occupation of the new dwellings on the application

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site. Subject to delivery of the package of measures identified above it is considered that the proposal continues to be in accordance with the requirements of policy R3 the objectives of which are endorsed in policy 54 of the emerging Local Plan.

8.7 (ii) Highway Issues

The proposed means of vehicular access to the development is via 2 no. access points onto Church Road. For highway safety reasons the Highways Agency has re-affirmed that it requires that the A27/Church Road junction to the south be closed prior to the commencement of any development on the site which means that all traffic generated by the development together with all traffic from the existing dwellings along Church Road would use Westhampnett Road. The proposed roundabout is a necessary highway improvement in terms of highway safety in order to control existing and proposed traffic flows at the junction of Westhampnett Road and Church Road. The new roundabout includes an additional short spur to the north leading onto the Council's land at Barnfield which as a separate site benefits from a Council resolution to permit a development in outline for a 7,184sqm building serving as a single convenience store or as a store for bulky goods retailing.

8.8 Assessment by WSCC of the applicant's transport impact assessment (TA) carried out to support the original planning application concluded at that time that the proposal would introduce some delays to traffic along Westhampnett Road. The TA estimated that the combined effect of the new roundabout and the closure of the A27/Church Road junction will result in a peak hour (am and pm) increase in journey times along Westhampnett Road from the junction of Westhampnett Road/Portfield Way to the junction of Spitalfield Lane/St. Pancras of about 32 seconds due to the closure of Church Road and a further 17 seconds due to the additional traffic from the development. WSCC concluded then that the order of such delays would not be detrimental overall to existing traffic flows and road safety and requested no specific mitigation measures.

8.9 The County Council has recently had cause to review the traffic impacts on Westhampnett Road as part of its assessment of the application at Barnfield Drive (Phase 2 - CC/13/03775/OUT) for a 7,184sqm store functioning as either a supermarket or bulky goods retailer. The Committee will recall that there is a resolution to permit that application subject to completion of the S.106 agreement which is being finalised. As part of the traffic impact review WSCC factored in the traffic movements from the extant consent for 80 dwellings at the Portfield Football Club together with the developments at Graylingwell, Shopwyke Lakes and at Maudlin. The review considered the cumulative material impact on the junctions of Westhampnett Road with the roundabouts at Sainsburys, St. James Road and Spitalfield Lane and the mitigation necessary to deal with the additional vehicle movements. Policy 13 of the emerging Local Plan identifies Westhampnett Road for improvement to relieve traffic congestion and WSCC is currently undertaking a feasibility study for a comprehensive intervention to deliver improvements with work projected to take place in 2017. Against the background of this recent traffic impact review, the Committee will note WSCC has raised no objection to the current application for an extension of time to the outline planning permission. There is no new requirement for the current application to separately mitigate for the traffic movements arising from the proposed 80 dwellings.

8.10 A related aspect of the increased traffic levels along Westhampnett Road particularly at peak travel times is the potential for a deterioration in air quality and the applicants have commissioned an air quality assessment in this respect. The air quality assessment endorses those findings which came out of the air quality assessment carried out for the Barnfield Drive Phase 2 development. It confirms that the cumulative impact of all extant permissions and commitments will not breach the UK air quality objectives and the resultant impact is therefore considered to be acceptable in relation to statutory requirements.

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8.11 In terms of the parking provision for the development, the proposals as originally submitted were calculated on the basis of the Council's maximum parking standards and proposed 90 car parking spaces at 1.12 spaces per dwelling. The County Council has raised no objection to the level of parking provision for the development. It has re-assessed the parking provision in the light of the parking requirements for the development as revealed by the Parking Calculator. This shows that the requirement now would be for 96 spaces. It advises that this is not so different from the requirement in 2008/9 and is within an accepted 10% tolerance.

8.12 (iii) Impact of highway works on River Lavant ecology

In order to re-engineer the junction arrangements at Church Road/Westhampnett Road it is necessary to culvert both the course of the River Lavant and the Mill Stream under the new roundabout. The course of the River Lavant is also subject to a consequential re-alignment. As a result of the culverting and re-alignment, the Environment Agency (EA) has calculated that approximately 39 metres of the existing river course is 'lost'. Whilst there is potential for harm to the river ecology to be caused by these works, the river is subject to no special protection or designation. The applicants supporting surveys revealed no evidence of water voles at the site because the habitat is considered to be sub-optimal with a limited food source along the banks. The survey identified the fact that the southern banks have concrete shuttering or wooden piling which water voles cannot burrow into and the northern bank is very steep and covered in dense scrub. As a result of the re-alignment works the river will have a natural southern bank instead of the current harsh engineered bank. In consultation with Natural England, the EA and the County Ecologist, no specific objection to the culverts and the re-alignment of the river were raised. Nevertheless the EA require remediation measures to the river channel on the site itself which can be secured by condition and compensatory ecological enhancement works to be carried out to the riverbed further downstream adjacent to the southern and eastern sides of the Avenue de Chartres car park. This is on land which is outside the application site but within the control of the District Council. The total length of river bed to be ecologically enhanced by introducing more planting and habitat is approximately 236 metres. Such compensatory works are considered to be an important aspect of the proposals and will be secured through the S.106 agreement.

8.13 A further consequence of constructing the roundabout is the removal of trees and vegetation. The submitted bat survey examined 64 trees on the site for bat presence and found 27 of these trees were dead. None of the trees displayed a high potential for bat roosting though 31 have potential. No direct evidence of bats was found but appropriate conditions are proposed on the recommendation in respect of bat protection. Similarly a mitigation strategy for the relocation of slow worms found at the site will also be secured by planning condition.

8.14 Whilst the trees have some value as a green foil at this entrance point to the City there is a danger of exaggerating this contribution. There are some mature trees within this green wedge which could be protected as part of the reserved matters landscaping proposals provided they do not directly affect the highway engineering works, but there is also a significant amount of unkempt scrub, undergrowth and deadwood. As part of the proposals there will be opportunities for introducing new and replacement native tree and shrub planting on each side of the re-aligned river to enhance the immediate environment and the Committee will be aware that the resolution to permit the Barnfield Drive phase 2 proposals requires landscaping in this area. Tree removal is an integral part of the highway improvement works which are necessary to enable the proposed housing at Portfield to be delivered. The delivery of sustainably located housing (50% of which will be affordable) is a key priority for the Council. From the sale of the land for housing development the Council

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will in turn be able to deliver improved sports pitches and facilities for community use in the City. In terms of balancing competing issues, the wider benefits to the Community of providing affordable housing and community sports pitches and facilities is considered to outweigh the benefits of retaining the trees in this instance.

8.15 (iv) The density of development, provision of affordable housing and the impact of the development on the amenities of neighbouring residential properties.

Although this is an outline application, the site layout and scale are not reserved matters and are for consideration. The proposed layout has a loop of two 5.5m wide parallel roads bisecting the site east-west, with interconnecting shared surfaces. Two areas of play space are located centrally. Of the 80 dwellings proposed, 52 are 2 storey houses (12 x 2 bed, 24 x 3 bed, 16 x 4/5 bed) and 28 are flats (16 x 1 bed and 12 x 2 bed. 24 of these flats are located in two 3 storey blocks on the south site boundary). The development has been designed around the home zone concept with shared surfaces and pedestrian priority. The layout changed significantly during consideration of the original application from a separate cul-de-sac approach to a more integrated and permeable design with routes and views into and out of the site. The route of the existing footpath southwards from Westhampnett Road along the west site boundary to the cemetery is retained. Minimum separation distances between the new dwellings and the rear of those properties fronting Westhampnett Road are maintained to protect neighbours' amenities. Car parking is provided in courts rather than within curtilages with a total of 90 spaces at 1.12 spaces per dwelling. The resultant density of the development is 53dph which is considered to be an effective and efficient use of the land, appropriate to the location of the site in the City and its accessibility to the full range of services. It is also below the 60dph which the Committee considered too high on the previous application CC/00/01494/OUT.

8.16 The provision of 50% affordable housing exceeds the Council's normal requirement of 40% and addresses the need to provide more homes in a sustainable location in what is currently a difficult housing market. The previous withdrawn application would have resulted in only 30% affordable housing. The Committee will note that the Council's Housing Enabling Officer has commented that as this application is an extension of time of the extant outline permission no objection is proposed to the mix of housing already secured in the S.106. The development provides 40 affordable units, 70% for social rent and 30% as intermediate rent in the following mix:

Social Rent - 30 dwellings6 x 1bed flat6 x 2 bed flat10 x 3 bed house8 x 4 bed house

Intermediate Rent - 10 dwellings6 x 2 bed house4 x 3 bed house

8.17 It is considered that the layout, scale and relationship of the proposals to residential development adjacent to the north at Westhampnett Road and to the 10 dwellings east of the site at Church Road has been sensitively handled and would not result in unneighbourly development. The new dwellings have a minimum back-to-back separation distance with the existing dwellings at Westhampnett Road of 35m compared to the Council's recommended standard of 20-21m.The detailed design of the houses and flats and the comprehensive landscaping both of the football ground site itself and the margins of the re-aligned river will necessarily form part of the subsequent reserved matters application.

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8.18 Significant Conditions

The recommendation to permit this application carries with it those conditions rolled forward from the extant outline planning permission. Key conditions include requirements for a Habitat Creation and Management Plan in relation to the detail of the engineering works to re-align the river banks and river bed as part of the new roundabout construction, closure of the A27/Church Road junction before development commences, a restriction on the hours of construction to between 0700 and 1800 hours Monday to Friday and 08.00 and 13.00 on Saturdays and a requirement for a detailed reptile and bat survey with any necessary mitigation before the development commences.

8.19 Section 106 Agreement

The extant outline planning permission carries with it a S.106 agreement and this application necessarily will require that agreement to be varied in order to uprate and amend the relevant obligations. An additional obligation which has arisen since the original permission relates to the need for a financial contribution to mitigate for potential recreational disturbance issues resulting from the development at Chichester Harbour. This is in accordance with the Council's Interim Policy Statement on Development and Disturbance of Birds in Special Protection Areas and identified Compensatory Habitats. The heads of terms are:

WSCCPrimary Education - £100,730Libraries - £10,246Fire and Rescue Services - £1,130 plus 2 fire hydrantsTotal Access Demand (TAD) - £113,550

CDCAffordable Housing - 40 unitsCommunity Facilities - £140,720 (for projects as per paragraph 6.12)Open Space - provide 400sqm on site and secure its long term management and maintenanceSports Provision (1) Provide enhanced junior football pitch and ancillary facilities at New Park Road recreation ground before first occupation of the development.Ecological Enhancements - to carry out agreed works to the river bank and bed of the River Lavant adjacent to Avenue de Chartres car park within 6 months of the river culvert and diversion works being commenced.Special Protection Area recreational mitigation payment - £13,760 (80 x £172)

8.20 Conclusion

In respect of the main issues referred to above it is considered that the proposal for 80 dwelling on a disused but sustainably located site within the SPA accords with the relevant policies of the extant Local Plan, the emerging Local Plan and the NPPF. In terms of other material considerations, these are considered above and are assessed as being satisfactory. The proposals make satisfactory alternative provision for sports facilities in accordance with policy R3 of the Local Plan. Provision of these alternative facilities will be included in the S.106 Agreement.

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8.21 The development of the site for housing at the density specified will make a major contribution to the housing stock and is important in terms of the Council addressing its 5 year housing land supply shortfall. It also provides for 50% of much needed affordable housing which is in excess of the current requirement.

8.22 The proposed road improvements will not only facilitate the development of the site but may improve the traffic situation for existing residents and passing traffic on Westhampnett Road. The application provides for new landscaping and re-planting with trees along the re-aligned river and further compensatory ecological enhancement works over a much longer stretch of the river downstream from the site. Existing trees along part of the Church Road frontage and on the south west site boundary are to be retained. It is considered that the privacy and amenities of neighbouring residents have been properly considered as part of the layout and that there will be no unreasonable impact upon them. The detailed design and appearance of the dwellings will be secured when the subsequent reserved matters application is submitted. This application for an extension of time is therefore recommended for permission subject to the applicant entering into a revised S.106 agreement updating and amending the heads of terms in the previous agreement which are as set out above.

8.23 Human Rights



1 U90068 - Time Limit - outline2 U90069 - Time Limit - reserved matters3 U90070 - Schedule of materials and finishes4 U90071 - Site levels and sections5 U90072 - Landscaping scheme6 U90077 - Landscape implementation7 U90075 - Landscape management plan8 U90078 - Tree protection9 U90079 - Tree root protection10 U90080 - Fences and walls11 U90081 - Open space12 U90082 - Open space scheme13 U90083 - Habitat management plan14 U90084 - River Lavant diversion works15 U90085 - Japanese knotweed mitigation16 U90086 - Land contamination measures17 U90087 - land contamination method statement18 U90088 - Surface water drainage19 U90089 - Bunded storage of any fuels20 U90090 - Archaeological safeguards21 U90091 - Landfill gas22 U90092 - Bin and cycle storage23 U90093 - Vehicular site access24 U90094 - Car parking25 U90095 - Visibility splays

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26 U90096 - Close existing access27 U90097 - Construction method statement28 U90098 - Green travel plan29 U90099 - Disperse affordable housing30 U90100 - Highway works31 U90101 - Close Church Rd/A27 junction32 U90102 - Bat and reptile survey and mitigation33 U90103 - Protect Church Road trees34 U90104 - Hours of construction35 U90105 - Construction controls36 U90106 - Sustainable development37 U90107 - Minimum affordable housing floorspace38 U90112 - Approved plans

INFORMATIVES

1 U90108 - Informative - extension to cemetery2 U90109 - Informative - planning permission only3 U90111 - Informative - S.106 agreement

For further information on this application please contact Jeremy Bushell on 01243 534734

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Parish:Bosham

Ward:Bosham

11. BO/14/01911/FUL

Proposal New 4-bed detached two storey house with attached single garage.

Site Land To The North Of Bosham Station Ratham Lane Bosham West Sussex

Map Ref (E) 481283 (N) 105482

Applicant Mr Alan Chapman


NOT TO SCALE


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2.1 The application site forms part of a redundant nursery site within the rural area to the north of Bosham. The site is located between two detached properties (Cobwebs and Lansdowne) which form part of a strip of housing that extends north of Bosham train station on the eastern side of Ratham Lane. The application site does not extend beyond the rear boundaries of the neighbouring properties and therefore the remainder of the former nursery that lies to the east does not form part of the application site.

2.2 The site, which is very overgrown, is currently well screened from the road by mature trees and vegetation. In addition, there are trees within the site that are protected by a Tree Preservation Order (11/00110/TPO). There is an existing access at the southern side of the plot which is set back from the main carriageway, behind a layby.

3.0 The Proposal

3.1 This application seeks planning permission for the erection of a new 2 storey detached dwelling and attached double garage.

3.2 The proposed dwelling would have a fully hipped roof (8.7m to ridge) with a single storey projection at the rear to house the kitchen and a single garage (3.9m to ridge). The main part of the dwelling would be 9m deep, however the overall depth of the building would be 18.5m. The width of the proposed dwelling would be 9.5m.

4.0 History

11/01150/FUL REF Change of use of land to garden allotments.

14/01165/PE B Detached family dwelling.

14/01304/PE REC Planning advice: dwelling

5.0 Constraints

Listed Building NOConservation Area NORural Area YESAONB NOStrategic Gap YESTree Preservation Order YESSouth Downs National Park NOSFRA Flood Zone NO- Flood Zone 2 NO- Flood Zone 3 NOHistoric Parks and Gardens NO

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Parish CouncilBosham Parish Council objects to this planning application for the following reasons:-a. The proposed development lies in the Rural Area outside the Settlement Boundary and there is a presumption against building in the countryside.b. This area is subject to serious surface water flooding and has been inundated twice since June 2012. This proposed development area is a vital natural soak-away and replacing this with a substantial house with large roof and rainwater run-off would exacerbate the flooding problem.c. The land concerned is subject to a blanket TPO and is a refuge for many insects and small mammals.d. The access to the road is on a blind bend, very close to the railway crossing and Highways were reluctant to permit vehicular access when this land was proposed for Allotments.

WSCC - Strategic Planning 11/12/2014 - No objection. Although the access is substantially below standards, a dwelling would represent a less intensive use in planning terms [than nursery use] making the proposal difficult to resist at appeal. Request conditions securing maximum achievable visibility, turning on site, and secure cycle storage.

CDC - Environmental OfficerDue to location and habitat onsite it is likely that species would be using the site including reptiles and bats. Prior to determination a w walk-over survey is required. Following this if further surveys are required these should be undertaken and submitted as part of the application.

CDC - Drainage EngineerNo objection. Winter ground water monitoring and percolation testing is required for the design of soakaways. The 1 in 100 year storm event plus 30% should be stored by the drainage system. If infiltration is deemed unsuitable, restricted discharge to the watercourse may be an alternative option. Recommend condition requiring details of surface water drainage.

CDC - Tree OfficerNo objection.

4 Third Party Objection- Flooding is an issue in the area- Removal of vegetation and trees and addition of concrete and the run-off will increase

flooding- Blind bend and poor visibility- Large houses that will dominate site- Overlooking from French doors- Outside SPA- Has not been a vehicular access for many years- Impact upon light- Lack of privacy

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1 Third Party Other- Request level access to 1 door, 900mm doorways and electrical outlets fitted in line

with Part M

Applicant/Agent's Supporting Information

The applicant submitted supporting information to demonstrate/explain that:- the trip generation of the proposed dwelling would be less than the scheme for

allotments previously proposed across the entire nursery site (BO/11/01150/FUL) - few accidents happen where drives meet 30mph roads- there have been no collisions on this section of Rathams Lane in the last 9 years

(time for which data is available), which indicates that compliance with the highway code is good

- visibility to the north is inhibited by vegetation on the application site and the applicant proposes to move the front boundary of the site by a minimum of 2.4m from the kerb line. The area between the kerb line and the new front boundary would remain private and grassed to maintain visibility across this area.

- Improvements to the visibility will benefit visibility northwards from Cobwebs and Copperkins and southwards from Lansdowne, provide verge for pedestrians to walk along, and improve visibility around the bend for drivers travelling north on Ratham Lane

- The improvements will also complement the frontages of the sites on either side of Ratham Lane and will reinforce the transition into the residential area and the change of speed limit from 60mph to 30 mph.

The applicant has also provided photographs to demonstrate that there is an existing vehicular access into the site. The access could be used in association with the lawful use of the site as a nursery.

7.0 Planning Policy




Chichester District Local Plan First Review 1999:RE1 Rural AreaBE11 New DevelopmentBE13 Town CrammingBE14 Wildlife Habitat, Trees, Hedges and Other Landscape Features


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Policy 1: Presumption in Favour of Sustainable DevelopmentPolicy 2: Development Strategy and Settlement HierarchyPolicy 4: Housing ProvisionPolicy 5: Parish Housing Sites 2012- 2029Policy 33: New Residential DevelopmentPolicy 39: Transport, Accessibility and ParkingPolicy 40: Carbon Reduction PolicyPolicy 48: Natural EnvironmentPolicy 49: Biodiversity



At the heart of the NPPF is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking:For decision-taking this means unless material considerations indicate otherwise:- Approving development proposals that accord with the development plan without delay; and- Where the development plan is absent, silent or relevant policies are out-of-date, granting planning permission unless any adverse impacts of doing so would significantly or demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or specific policies in (the) Framework indicate development should be restricted.

7.5 Consideration should also be given to paragraph 17 (Core Planning Principles), 58 - 60 (design) and 118 (biodiversity).


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7.7 The aims and objectives of the Council's Sustainable Community Strategy are material to the determination of this planning application. These are:B1 - Managing a changing environmentB2 - Greener livingD1 - Increasing housing supply


8.1 The main issues arising from this proposal are its impact on:

(i) Principle of development(ii) Design and visual amenity(iii) Residential amenity(iv) Impact upon highways(v) Drainage(vi) Trees(vii) Biodiversity

Assessment

(i) Principle of development

8.2 The site lies outside of the Settlement Policy Area (SPA) where in accordance with policy RE1 new development is resisted. However, paragraph 14 of the NPPF states that where the development plan is out of date planning permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, or specific policies in the framework indicate that development should be restricted. Paragraph 49 of the NPPF states that housing supply policies should be considered to be out of date where the authority is unable to demonstrate a 5 year housing land supply.

8.3 The proposed development would result in a dwelling being located in the defined rural area. However, the site is situated very close to the edge of the Bosham/Broadbridge SPA, which is defined as a Service Village within the emerging Local Plan and therefore offers a range of services and facilities. The site also lies within a strip of linear development close to the SPA, and therefore the proposal would not result in further encroachment of the open countryside to the north of the settlement.

8.4 Due to the location of the site close to the SPA the development is considered to be sustainable in terms of the social, economic and environmental strands of sustainability as set out in paragraph 7 of the NPPF. It is therefore considered that subject to the assessment the usual material considerations that the proposal is acceptable in principle in accordance with paragraph 14 of the NPPF.

(ii) Design and visual amenity8.5 The proposed dwelling would be set back from the dwelling to the north (Lansdowne) to respect the way in which the neighbouring dwellings follow the bend in the road and therefore reflects the prevailing form of development in the locality and responds well to its context in accordance with policy BE11 and section 7 of the NPPF. The neighbouring dwelling to the north is a 2 storey detached dwelling and the neighbouring dwellings to the

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south are bungalows. It is considered that whilst the proposed dwelling is 8.7m high, due to its set back position and fully hipped roof the mass and bulk of the building would not detract from the visual amenity or character of the locality. The use of a single storey projection at the rear serves to reduce the bulk of the dwelling when viewed within the streescene by tucking the garage around the rear of the dwelling. The proposal is therefore considered to be acceptable in terms of its siting, scale, design and appearance. The proposal therefore accords with policy BE11 and BE13 of the Local Plan and policy 33 of the emerging Local Plan.

(iii) Impact on Neighbours

8.6 The proposed dwelling would be situated 8.5m away from Lansdowne to the north and 6m from Cobwebs to the south. Given the location of the dwelling within the site and the distances between the proposal and the neighbouring dwellings it is considered that the side to side relationship is appropriate for the scale of the building and the proposal would not result in a loss of light to the neighbours. In addition, the fenestration has been sensitively positioned to ensure that the proposal would not result in overlooking. At first floor level on the north elevation there is only 1 ensuite window. On the southern side there is a bedroom window which would be adjacent to the front garden, bearing in mind this is an area that can already be seen from the public realm and the distance between this window and the neighbouring plot, the proposal would not result in an unacceptable level of overlooking.

8.7 It is noted that an objection has been received in relation to the French doors serving the kitchen. However, these are at ground floor level approx. 9m from the neighbouring dwelling, and with appropriate boundary treatment the proposal would not be unneighbourly.

8.8 For the reasons set out above the proposal would not have an adverse impact upon the residential amenity of neighbours and therefore the proposal accords with policy BE11 of the Local Plan and policy 33 of the emerging Local Plan.

(iv) Impact upon highways

8.9 The Highways Authority initially objected to the scheme due to an inability to provide adequate visibility splays. However, the Highways Authority has considered the additional supporting information submitted by the applicant and has decided to withdraw its objection. The applicant proposes to improve visibility and subject to a condition securing these works, the provision of on-site turning and cycle storage the Highways Authority is satisfied that the proposal would not have an adverse impact upon the highway network or highway safety. The proposal is therefore considered to be acceptable in this respect.

(v) Drainage

8.10 The Parish Council and third parties have raised concerns regarding surface water and foul drainage. A condition is recommended requiring details of the proposed surface water drainage to be submitted to the Local Planning Authority to ensure that it is appropriate for the location. An appropriate drainage scheme will be the designed following percolation tests and assessment of ground water conditions during winter months. The drainage officer has advised that there will likely be a technical solution to provide an acceptable system and therefore it is not considered reasonable to resist the proposal on the basis of flooding from surface water.

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(vi) Trees8.11 The proposed development would result in the loss of trees on the site. However, in discussion with the Tree Officer it is considered that the loss of the trees indicated on the plans is acceptable. The application site and land to the east is covered by an area TPO which was placed on the land to protect the trees in the event a large scale development came forward for the whole site. The trees within the application site to be removed as part of the proposal are not considered to be good specimens, the loss of which would be unacceptable, because they are very overgrown, crowded and have not been managed to reach their full potential. The tree to be retained on the southern boundary of the site is considered to be an important tree and it should however be protected with appropriate fencing during the works and an appropriate construction to protect its roots should be provided for the driveway.

(vii) Biodiversity8.12 The application is the subject of a request for additional information regarding the ecological impact of the proposed development. The surveys are currently being undertaken and an update will be provided to committee in respect of this matter.


8.10 In addition to the conditions mentioned above concerning drainage and visibility conditions are also recommended to secure appropriate boundary treatments, landscaping and to restrict any extensions and alterations to the building in the interest of protecting the amenities of neighbours and to prevent the overdevelopment of the site. Conclusion

8.12 Based on the above assessment, it is considered the proposal complies with to development plan policies BE11, BE13, BE14 and TR6 of the Local Plan, policies 1, 2, 4, 5, 33 and 39 of the emerging Local Plan, as well as the relevant sections within the NPPF and therefore the application is recommended for approval.

Human Rights



1 A01F Time Limit - Full 2 B01G No Departure from Plans 3 U90297 - Materials4 U90298 - No extensions5 U90299 - No first floor windows6 U90300 - Visibility splays7 U90304 - parking and turning8 U90301 - Tree Protection9 K01H Landscaping 10 K02G Landscaping 11 U90305 - Surface water drainage12 U90306 - boundaries13 N34F Bin Storage/Secure Cycle Parking

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INFORMATIVES

1 W35G Wildlife and Countryside Act 1981 2 W44F Application Approved Without Amendment


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